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02/27/2009 Agreement DANNY L. KOLHAGE CLERK OF THE CIRCUIT COURT DATE: March 31, 2009 TO: Roman Gastesi County Administrator A TTN: Connie Cyr Aide to County Administrator FROM: Pamela Hanco~ Deputy Clerk C1? At the February 27, 2009, Board of County Commissioners meeting the Board granted approval and authorized execution of an Interlocal Agreement between Monroe County and Florida Keys Aqueduct Authority to share the costs of Federal and State lobbyist services. Enclosed is a duplicate original of the above-mentioned for your handling. Should you have any questions please do not hesitate to contact this office. cc: County Attorney Finanye File/' LOBBY~NG COST SHARING AGREEMENt This Agreement is made and entered into by MONROE COUNTY (COUNTY), a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, FL 33040, and the Florida Keys Aqueduct Authority (FKAA), an Independent Special District of the State of Florida, and whose address is 1100 Kennedy Drive, Key West, Florida 33041. WHEREAS, Chapter 99-395, Laws of Florida, requires that onsite sewage treatment and disposal systems be compliant with regulations for effluent discharge by July 1, 2010; and WHEREAS, Monroe County, independent special districts, private utilities, and municipalities (the "Parties") are engaged in efforts to provide centralized wastewater treatment plants and collection systems throughout the Florida Keys or are upgrading their treatment systems to meet the 2010 requirements; and WHEREAS, Chapter 2008-49, Laws of Florida (the "Act"), effective July 1, 2008, authorizes the issuance of bonds, and authorizes the provision of funds from the Save Our Everglades Trust Fund over a four-year period for the Keys Wastewater Plan starting in July 2009; and WHEREAS, it is critical to the development and construction of wastewater treatment and collection systems at costs that the local property owners can afford to obtain the full amount of the State bond monies authorized; and WHEREAS, the entities desire to work together through the firm of Tew Cardenas LLP to lobby the State to issue bonds and appropriate $50,000,000 per year to the wastewater entities in the Florida Keys and to lobby Federal Government and to take such other actions as are intended to facilitate the goal of bringing as many developed properties as is economically feasible into centralized wastewater collection and treatment systems and remaining developed properties in compliance with Best Available Technology Onsite Sewage Treatment and Disposal Systems; and WHEREAS, the Local Governmental parties are authorized by Section 163.01(4), Florida Statutes, to enter into an interlocal agreement to carry out their independent powers; and Page 1 of6 ILA FKAA lobbyists REV 3409 KP WHEREAS, the Local Governmental entities may, pursuant to State laws, contract with private entities to serve a public purpose; now, therefore IN CONSIDERATION OF the mutual promises and conditions contained herein, the PARTIES agree as follows: 1. TERM. Subject to and upon the terms and conditions set forth herein, this Agreement shall be effective February 6, 2009, and continue through February 5, 2010, unless earlier terminated by mutual consent of the parties or pursuant to the provisions in section 11, below. 2. OBLIGATIONS OF PARTIES. MONROE COUNTY shall contract with the firm of Tew Cardenas LLP, ("Firm") at an amount not to exceed $60,000 each per year for the purpose of lobbying the State to issue Everglades Restoration bonds and appropriate the maximum amount each year for wastewater projects and other infrastructure needs in the Florida Keys and to lobby federal officials to appropriate as much money as they can secure for wastewater projects and other infrastructure needs in the Florida Keys. The COUNTY shall also enter into mirror funding agreements with the other governmental agencies having responsibility for wastewater collection and treatment in the Florida Keys. FKAA shall pay to COUNTY the sum of $2,500 per month toward the contract fees paid under the agreement with Monroe County, upon receipt of invoice, and for no longer than one year. 3. COMPENSATION. The parties agree to collectively fund the lobbying costs for wastewater and other infrastructure funding during the term of this agreement. Monroe County shall submit invoices to each of the other parties for that party's share of the County's current billing from the Firms with copies of documentation that support the current billing. Payment shall be made by the Local Government entities pursuant to the Local Government Prompt Payment Act. Private Utility payments shall be made within 20 days of receipt of billing. 4. NO GUARANTEED DISTRIBUTION AMOUNT. The Parties in agree that this Agreement does not warrant, or guarantee a set minimum or maximum fixed amount of funding to be made available from the State bonds. Page 2 of6 ILA FKAA lobbyists REV 3 409 KP 5. RECORDS - ACCESS AND AUDITS. All Parties shall maintain adequate and complete records for a period of four years after each fiscal year allocation. Each Party, its officers, employees, agents and contractors shall have access to the Other Party's books, records, and documents related to this Agreement upon request. The access to and inspection of such books, records, and documents by the Parties shall occur at any reasonable time. 6. RELATIONSHIP OF PARTIES. The Parties are independent of each other and shall at no time be legally responsible for any negligence on the part of the Other Parties, their employees, agents or volunteers resulting in either bodily or personal injury or property damage to any individual, property or corporation. 7. TAXES. The governmental Parties are not subject to taxes and assessments with regards to the funds shared under this Agreement. 8. INSURANCE. The parties to this agreement stipulate that each Local Governmental entity is a state governmental agency as defined by Florida Statutes and represents to the other that it has purchased suitable Public Liability, Vehicle Liability, and Workers' Compensation insurance, or is self-insured, in amounts adequate to respond to any and all claims under federal or state actions for civil rights violations, which are not limited by Florida Statutes Section 768.28 and Chapter 440, as well as any and all claims within the limitations of Florida Statutes Section 768.28 and Chapter 440, as well as any and all claims within the limitations of Florida Statutes arising out of the activities governed by this agreement. Private Utility coverage shall be maintained in amounts commensurate with the governmental entities. Each party agrees to keep in full force and effect the required insurance coverage during the term of this Agreement. 9. HOLD HARMLESS. To the extent allowed by law, each Party is liable for and must fully defend, release, discharge, indemnify and hold harmless the other parties, the members of their governing boards, officers and employees, agents and contractors, from and against any and all claims, demands, causes of action, losses, costs and expenses of whatever type - including investigation and witness costs and expenses and attorneys' fees and costs - that arise out of or are attributable to the operations under this agreement except for those claims, demands, damages, liabilities, actions, causes of action, losses, costs and expenses that are the result of the sole negligence or malfeasance of the respective Party. The purchase of the insurance required under this Agreement does not release or vitiate any Party's obligations under this paragraph. No Party waives any of its sovereign immunity rights including but not limited to those expressed in Section 768.28, Florida Statutes. Page 3 of6 ILA FKAA lobbyists REV 3 409 KP 10. NON-DISCRIMINATION. The Parties, each for itself, its personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree that no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of premises or in the contracting for improvements to the premises. The Parties agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. The Parties agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patent records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as maybe amended from time to time, relating to nondiscrimination on the basis of disability; 10) Monroe County Code Ch. 13, Art. VI, prohibiting discrimination on the bases of race, color, sex, religion, disability, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; and 11) any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. 11. TERMINATION. Notwithstanding the provisions of Paragraph 1 of this Agreement, any party may terminate this Agreement for cause after giving to the breaching Party at least ninety (90) days written notice of the breach, and allowing the allegedly breaching Party a period of forty-five (45) days within which to cure said breach. Failure to cure the breach shall be noticed by the non breaching Party in writing and provided to the breaching party at least twenty (20) days prior to the termination date. A breach of this Page 4 of6 ILA FKAA lobbyists REV 3 409 KP Agreement shall occur if any Party changes its percentage allocation as agreed to in the Plan without the written approval of all the parties to this Agreement. Further, either party may terminate this agreement without cause upon giving the other party prior written notice of 30 days prior to termination. 12. ASSIGNMENT. No Party may assign this Agreement or assign or subcontract any of its obligations under this Agreement without the approval of the governing boards of the other Parties. All the obligations of this Agreement will extend to and bind the legal representatives, successors and assigns of the all Parties 13. SUBORDINATION. This Agreement is subordinate to the laws and regulations of the United States, and the State of Florida, whether in effect on commencement of this Agreement or adopted after that date. 14. INCONSISTENCY. If any item, condition or obligation of this Agreement is in conflict with other items in this Agreement, the inconsistencies shall be construed so as to give meaning to those terms which limit the party's responsibility and liability. 15. GOVERNING LAWS/VENUE. This Agreement is governed by the laws of the State of Florida and the United States. Venue for any dispute arising under this Agreement must be in Monroe County, Florida. In the event of any litigation, the prevailing party is entitled to a reasonable attorney's fee and costs. 16. ETHICS CLAUSE. Each party warrants that it has not employed, retained or otherwise had act on its behalf any former County officer or employee subject to the prohibition of Section 2 of ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 010-1990. For breach or violation of this provision, the COUNTY may, in its discretion, terminate this agreement without liability and may also, in its discretion, recover the full amount of any fee, commission, percentage, gift or consideration paid to the former County officer or employee. 17. CONSTRUCTION. This Agreement has been carefully reviewed by the Parties. Therefore, this Agreement is not to be construed against any party on the basis of authorship. 18. NOTICES. Notices in this Agreement, unless otherwise specified, must be sent by certified mail to the following: COUNTY: County Administrator 1100 Simonton Street Key West, FL 33040 FKAA: Executive Director 1100 Kennedy Drive Key West, FL 33041 Page 5 of6 ILA FKAA lobbyists REV 3 409 KP 22. NON-RELIANCE BY NON-PARTIES. No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third-party claim or entitlement or benefit of any service or program contemplated hereunder, and each party agrees that neither the party nor any officer, agent, or employee of the party shall have the authority to inform, counselor otherwise indicate that any particular individual or groups of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to or superior to the community in general or for the purposes contemplated under this Agreement. 23. FULL UNDERSTANDING. This Agreement is the parties' final mutual understanding regarding the subject matter hereof. It replaces any earlier agreements or understandings, whether written or oral. This Agreement cannot be modified or replaced except by another written and signed ag reement. S WHEREOF, each party has caused this Agreement to be '~\1Y authorized representative. ." j', M I I (SEAL) ATTEST~ By: .--a~ I erk Page 6 of6 BOARD OF COUNTY COMMISSIONERS OF ~=E COUNTY, FLORIDA By: "... ~.. )r)oI.Ac., J... Mayor :':-~-:-; FLORIDA KEYS AQUEDUCT AUTHORITY By: /)::/Q (j( 1 Chair ILA FKAA lobbyists REV 3409 KP