Item P3BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date:
January 19, 2011
Division:
County
Administrator
Bulk Item: Yes
x No
Department:
County
Administrator
Staff Contact Person/Phone #: Connie Cyr 1292-4441.
AGENDA ITEM WORDING:
Approval of the Fourth Amendment to Agreement Between Monroe County and Cardenas Partners,
LLC extending the term for one (1) addition year.
ITEM BACKGROUND:
The Third Amendment to Agreement expires February 7, 2011. This Fourth Amendment to Agreement
extends the term of our agreement with Tew Cardenas for one (1) year to February 7, 2012 under the
provisions set forth in the original Agreement and subsequent Amendments approved by the Board.
PREVIOUS RELEVANT BOCC ACTION:
2/27/09 BOCC approved Agreement with Tew Cardenas, LLP
2/27/09 BOCC approved ILA with FKAA for lobbyist cost sharing
3/ 18/09 BOCC approved amendment with Tew Cardenas, LLP
4/ 15/09 BOCC approved ILA with Islamorada for lobbyist cost sharing
5120109 BOCC approved termination of ILA with Islamorada
6/01/09 written notification of termination without couase to Islamorada, Village of Islands by County
6/ 17/09 BOCC approved Second Amendment deleting Islamorada and Key West
8/19/09 BOCC approved Consent Assignment to Cardenas Partners, LLC (previously Tew Cardenas, LLC)
2/ 17/ 10 BOCC approved Third Amendment to agreement with Cardenas Partners, LLC
CONTRACT/AGREEMENT CHANGES:
Extends the term for one (1) additional year to February 7, 2012.
STAFF RECOMMENDATIONS:
Approval
TOTAL COST: ---up to $60,000.per year INDIRECT COST: BUDGETED: Yes x No
DIFFERENTIAL OF LOCAL PREFERENCE:
COST TO COUNTY: up to $60,000 per year SOURCE OF FUNDS:
REVENUE PRODUCING: Yes No x OUNT PER MONTH Year
APPROVED BY: County Atty r
rchasing Risk Management _
DOCUMENTATION: Included Not Required_
DISPOSITION: AGENDA ITEM #
Revised 7/09
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Cardenas Partners, LLC Contract #
Effective Date: February 6, 2011
Expiration Date: February 7, 2012
Contract Purpose/Description:
Approval of the Fourth Amendment to Agreement Between Monroe County and
Cardenas Partners, LLC extending the term for one (1) additional year.
Contract Manager: Connie Cyr 4443 County Administrator/ Stop #1
(Name) (Ext.) (Department/Stop #)
for BOCC meeting on 01/19/11 Agenda Deadline: 01/04/11
CONTRACT COSTS
Total Dollar Value of Contract: $ 607000.00
Budgeted? Yes No ❑ Account Codes:
Grant: $
County Match: $
Current Year Portion: $
001-00101-530310- -
ADDITIONAL COSTS
Estimated Ongoing Costs: $ lyr For:
(Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.)
D e In
Division Director I
Risk Manage ` ent 1 • � �I
Pitt,.
O.M.B./Purc asing o� f b3�11
County Attorney Ia ag ifl
Comments:
OMB Form Revised 2/27/01 MCP #2
CONTRACT REVIEW
Changes Date Out
Needed WRevi er
Yes[]No[� �
Yes[:] No /[f
Yes[] No
Yes[] NoET
FOURTH AGREEMENT BETWEEN MONROE COUNTY AND
CARDENAS PARTNERS, LLC (FORMERLY TEW CARDENAS, LLP)
THIS FOURTH AMENDMENT TO AGREEMENT is made and entered into this
19'h day of January, 2011, between the BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA (hereafter "COUNTY") and Cardenas Partners, LLC
(hereafter "FIRM", formerly Tew Cardenas, LLP); and
WHEREAS, the parties entered into a contract on February 27, 2009, retroactive to
February 6, 2009, for provision of lobbying services by the FIRM to COUNTY, and
WHEREAS, an Amendment to the Agreement was entered into by both .parties on
March 18, 2009 which included the deletion of the City of Marathon and the Key Largo
Wastewater Treatment D i strict from Section 1. of the Agreement; and
WHEREAS, the City of Key West did not desire to enter into an Interlocal Agreement
with the costs for these lobbyist services; and
WHEREAS, on May 20, 2009 the COUNTY approved termination of the Interlocal
Agreement with the City of Islamorada, previously approved by the COUNTY on April 15,
2009, to share the costs for these lobbyist services; and
WHEREAS, pursuant to Section 11.2 of the Agreement, on June 1, 2009 the County
provided . the required thirty (30) day written notification of termination without cause to
Islamorada, Village of Islands thereby terminating the Agreement effective June 30, 2009; and
WHEREAS, on June 17, 2009, the COUNTY approved a Second Amendment deleting
Islamorada, Village of Islands and the City of Key West from the agreement to accurately
reflect who is sharing the cost of the lobbyist services and thereby identify who the lobbyist is
to provide services for under this agreement and who is to receive the benefits from the
lobbyist series provided; and
WHEREAS, on 8119I09, the COUNTY approved a Consent to Assignment from Tew
Cardenas, LLP to Cardenas, Partners, LLC upon receipt of notification from Tew Cardenas of
the name change; and
WHEREAS, on the 17th day of February, 2010, the parties entered into a Third
Amendment for provision of lobbying services; and
WHEREAS, the agreement expires February7, 2011 and it is the desire of both panties
to extend the agreement one (1) additional year; now therefore
IN CONSIDERATION of the mutual covenants contained herein the parties agree as
follows:
1. Section 3. TERM OF AGREEMENT shall be amended to extend the term one
(1) additional year beginning, February 6, 2011 and expiring February 7, 2012.
Tew Cardenas Fourth Amendment
One (1) year Ext to 2n1 t 2
Pagel of 2
2. The remaining provisions of the agreement dated February 27, 2009, as
amended pursuant to the Amendment to Agreement dated March 18, 2009,
Second Amendment dated June 171h, 2009, Consent to Assignment dated
August 19, 2009 and Third Amendment dated February 17, 2010, not
inconsistent herewith, remain in full force and effect.
IN WITNESS WHEREOF, the parties have set their hands and seal on the day and year
first above written.
(SEAL)
ATTEST;DANNY L. KOHLAGE, CLERK
0
Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
Mm
Mayor/Chairman
U � Y Psi " L"�
e�
Witness: CARDENAS PARTNERS, LLC:
Signature Signature
('a r I Ck c � tt)w
Print Name Print Name
?o 1 13+C% C+- 4 N W
Address Adress plo(L1
Zd00,�
DATE: DATE: I q t
Tew Cardenas Fourth Amendment
One (1) year Ext to 217112
Paae 2 of 2
OP ID. CNB
DATE (MM1DD1YYYY)
CERTIFICATE OF LIABILITY INSURANCE 01103/11
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsements .
PRODUCER 860-224-6065 NAME 1
CT
McKee Insurance Agency, Lie 850-513-0646 Pc°NN �.: c No):
710 Thomasville Road E-MAIL
Tallahassee, FL 32303 ADDRESS:
Patrick H. McKee PRODUCER CARDENI
r-1 IQ*rrkU=P In Aq
INSURER(S) AFFORDING COVERAGE
NAtG
INSURED Cardenas Partners Llc
INSURER A.. Depositors Insurance Cony art
42587
2200 S Dixie Hwy Ste 400
INSURER B : FCB & I Fund
Miami, FL 33133-2335
INSURER c : Nw Mutual Insurance Company
2378'
y ins Co
INSURER D : United State Liabilit
INSURER E
INSURER F :
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
THIS IS TO CERTIFY
ANY REQUIREMENT,
TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO
WHICH THIS
INDICATED, NOTWITHSTANDING
OR MAY PERTAIN,
THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
CERTIFICATE MAY BE ISSUED
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.
LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
I �R ADVI. SUB
TYPE OF INSURANCE
POLICY EFF POLICY EXP LIMITS
POLICY NUMBER IV o MI�4IDDI
GENERAL LIABILITY
EACH OCCURRENCE $
1 r000100
A x COMMERCIAL GENERAL LIABILITY
ACPGLD05914'124552 07124110 € 712411�1 DAMAGE TO RENTED $
PREMISES Ea occurrence)
100 00 0
CLAIMS -MADE Fx-1OGCUR
ME❑ EXP (Any one person) $
5,0'�
PERSONAL & ADV INJURY $
�1,000,00
GENERAL AGGREGATE $
2,000,00
GEN'L AGGREGATLIMIT APPLIES PER:
PRODUCTS - COMPIOP AGG $
2,000,DQ
F-]E
POLICY PRO~IECT LOC
$
AUTOMOBILELIABILITYCOMBINED
SINGLE LIMIT $
(Ea accident)
.�,QOO,Od
A ANY AUTO
ACPBAOD5914'I 245rJ2 07124!'l0 07l241'I'l BODILY INJURY (Per person) $
ALL OWNED AUTOS
BODILY INJURY (Par aoddent) $
SCHEDULED AUTOS
PROPERTY DAMAGE
$
X HIRED AUTOS
{Per accident)
X N0Iq-OINKED AUTOS
$
X UMBRELLA LIAR X OCCUR
EACH OCCURRENCE $
2,000,00
EXCESS LIAB CLAIMS -?MADE
C
AGGREGATE $
77CU870813-3001 051251'I Q 051251�I1
2t000100 0
DI±DUCTIBLE
$
RETENTION $
$
wC OEI-l-
WORKERS COMPENSATION
^ "RY-LIMITS
ANa EMPLOYERS" LIABILITY
1 B ANY PROPRIETORIPARTNERIEXECUTIVE Y ! N
10644584 04101110 0410'I f1 E.l.. EAC1 t ACCIDENT $
100,00
A
OFFICERIMEMBER EXCLUDED? NIA
E.L. Dl51wASf - EA EMPLOYEE $
'100,00
(Mandatory In NH)
Iryes, describe under
E.L. DISEASE - POLICY LIMIT $
600,00
DESCRIPTION OF OPERATIONS below
S P'# 419'I T� '1 i'I 51 0'I !'I v!'I 1 'Aggregate
260,00
p JE&O
Occurrent ..
K
260,00
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remark e I , ce Is required)
Certificate Holder listed as additional insured
,
CERTIFICATE HOLDER
CAN EtLATI0111
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE
DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
The Monroe County Board of
County Commissioners
1I100 SimontonStrQet
ATIVE
ALIT ED REPRE�eff
Key West, FL 33040
Fat I
01988-2009 ACORD CORPORATION. All rights reserved.
ACORD 25 (2009109) The ACORD name and logo are registered marks of ACORD
CONSENT TO ASSIONMENI
rn
This Consent to Assignment is entered into this 19th day of August, 2009, �, between
Monroe County, a political subdivision of the State of Florida, hereafter COUNT'', an� Caqjnas�
LLP, hereafter AS SIGNOR, and Cardenas Partners, LLC, hereafter ASSIGNEE. = �'.--�� rV C>
Cz
M Cn ;:0
WHEREAS,, on February 27, 2009, the COUNTY and ASSIGNOR entered into a eonti t fd:1
the provision of lobbying services;
VVIVIMIR0AS, the COUNTY received notice that all of the professionals in the Washington DC
office of ASSIGNOR have formed a separate entity, the ASSIGNEE effective July 1, 2009 to perform
lobbying services for ASSIGNOR's Washington DC office clients;
MIMREAS, the ASSIGNEE's offices Is In the sane location as were ASSIGNOR's Washington
DC office;
NOW THEREFORE, inconsideration of the mutual promises of the original agreeinont as
amended herein, the parties agree as follows:
I. The ASSIGNOR assigns to ASSIGNEE all the ASSIGNOR's right, title and interest in the
original agreement effective July 1, 2009 and CGLTNTT consents to the assignment.
2. ASSIGNEE agrees to be bound by all the terns and conditions of the original agreement, as
amended above.
3. The remaining provisions of the agreement dated February 27, 2009, not inconsistent
herewith, remain in full foree and effect.
(SEAL)
ATTEST: DANN'Y L. KOLHAGE, CLERK
By
Deputy Clerk
Witnesses:
By
Witnesses:
/V/
s2sso3. 1
BOARD OF COUNTY COMMISSIONERS
OF MO� OE� LINTY, FLQRIDA
BA IF--
401koj
Tvlayor/Chairman
Tew,Glrdenas, LLP (ASSIGNOR) p. 4-
LCO2
Signature
C-114-CA, y -e c, tw 4 - C-e ((c-
Printed Name
Date: � •�1 �U q
Car nas Martnek(ASSIGNEE)
By:
Signature
4�/ C-4 14�1-
Primed Tiame,
Date:
MON QE COUNTY ATTORNEY
APPROV D AS TO FORM:
fV FiRlSTIE M. UMBERT-BARROWS
ASSIST IVT COUNTY ATTORNEY
Date _,,,,y�r R / I„Q�
SECOND AMENDMENT TO AGREEMENT
BETWEEN MONROE COUNTYAND TEW CARDENAS I. LP
THIS SECOND AMENDMENT TO AGREEMENT is made and entered in
l '��' day v f June �� �� to this
y , between the BOARD OF COUNTY CO�fl�SSIDIERS OF MONROE
COUNTY, FLORIDA CCOUNTr') and TEW CARDENAS, LLP " FIRM" • and
` WHEREAS, the parties entered into a contract on Fe 27, 200� for provision ��' s P n of
lobbyMng services by the FIRM to COUNTY; and
WHEREAS, an Amendment to the Agreement was entered into b both parties on
March 18, 2009 which included y
d the deletion of the City of Marathon and the Key Largo
Agreement; and
Wastewater Treatment District from Section 1, of the A ee g
WREREAS, the City of Key west does not desh-e to enter into an Interlocal Agreement
y , and
to share the casts for these lobbyist services- g
go
VMEREAS, on May 20, 2009, the COUNTY approved termination of the Interloc al
Agreement with the City of Islamorada, previously approved b the COUNTY on
2009 to share they April t �,
costs for these lobbyist services;
WHEREAS, pursuant to Section 11.2 of the Agreement, on June 1, 2009 the County
provided the re aired tlxirt 0 da - •
q y y w.ritten. notification of tern ination without cause to
Ishmiorada, village of Islands thereby terminating the Agreement effective June 30 2009;
and
WHEREAS, it is desired to amend the agreement to acct�ratel reflect who is sharing lobbyist services�' g t he
east of the lobb
y and thereby identify who the lobbyist is to provide services for under
this agreement and who is to receive the benefits from the lobbyist servicesprovided;
therefore y now
IN CONSIDERATION of the mutual revenants contained herein the artier
follows: P agree as
t . Section I - of the agreement between the parties dated. Feb 27, 2009 as
amended March 18 2009 shall r�
2 be revised to read:
1. TIC CLIENT
The Client is the CCITNTY, and to the extent ethically permissible, it's
elected and appointed officers and its employees, in alliance for the
purposes of this agreement with the Florid Ivey Aqueduct ,Authority, unless
COUNTY advises ATTORNEY otherwise. The services provided under
this agreement shall `
be provided for the collective benefit of the COUNTY
and the entities rimed M this paragraph.
Pagel of 2 Tew Cardenas Second Ameftent
Ue1ding Isiamorada. and Rey west
2_ The rernainong provisions of the agreement dated February 27, 2009 as amended
Pursuant to the Amendment to Agreement dated March 181 2009, not Mnconsistent
herewith, remain in full force and effect, -
.:. SS WHEREOF, the parties have set their hands and
d seal on the day and year
first,
(�E W.P.,
*L1A�R BOARD OF COUNTY COMMISSIONERS
; OF M • NROE COUNTY, FLORIDA
By By '{
Deputy ear Mayor/Chairman
Witness,
By
4- V
Signature
Print, Nme
Address
z_-&-6en� - ?e
Page 2 of 2
MONFIOE COUNTY ATTORNEY
9 �4)vFn TO
00,
L .�iJE 'I'l EY
TEW CARDENAS, L LP:
By Q-�D
Signature
Print'Name p �
Z",,�ceGe /,GlQ /J?l*AL.
Address
3 �
� �"
8!
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Tew Carders Second Amcndment
Dcledng ls[ammda and Key West
AMENDMENT TO AGREEMENT
ENT
BETWEEN MONROE COS 1 yAND
TEW CARDENAS,, LLP
THIS AMENDMENT TO AGREEMENT is made and entered into this 18th dayof March 2009
NROE COUNTY ("'COUNTY") and '��
between the BOARD OF COUNTY COMMISSIONERS OF MO
CARDENAS, LLP ("FIRM').
WHEREAS, the parties entered into a contract on February 27, 2009, for provision of lobbying
services by the FIRM to COUNTY; and Y g
WHEREAS, the Agreement dated February 27, 2009, contained standard language found in the
COUNTY's form. contract for law firms; and
WHEREAS, FIRM is a law firm but provides related services by persons who are not attomo
addition to providing legal services articular) for P Ys �n
particularly lobbying activity; and
WHEREAS, it is desired to amend the agreement to more accurately reflect the status of the FIRM'
principals who will be providing services under the agreement; now therefore s
IN CONSIDERATION of the mutual covenants contained herein the agree ee to as follows:
P �`
L The agreement between the parties dated February 27, 2009, shall be amended as follows:
A. All references to ATTORNEY through out the agreement shall be replaced with "FIRM.
B. Section 1 shall be amended to delete the city of Marathon and the Key Largo Wastewater
Treatment District.
C. Section 2 shall be revised to read:
"20. THE FIRM
FMM is the individual or professional association named above and whose le autho
bottom of this Agreement. FIRM�Y r signature appears at the
has been retained specifically because FIRM is understood b Ca
to be able to handle this matter. FIRM ma not delegate Y Ul�1TY
y gate or out�source this work without full written disclosure
to, and prior written approval front the COUNTY. "
D. Section 4 shall be amended to add a new item. (M) under the list of services:
(M) CONSULTANT has been contracted primarilyfor the purpose of rovi .
services on a federal level but will co P � , P .drag the, above lobbying
confer with state lobbyists, who are primarily responsible for handling
the following tasks enumerated above at the state level. Consultant will maintainc e
Tallahassee legislative team, and assure coordination of tasks in , , communications with the
federal and state.
vaxving multi jurisdictional functions, both
E. Section 6 snail be revised to read:
xf-6. PAYMENTS TO FIRM
TewCardenas Aniendment 3-18-09
The FIRM shall submit to COUNTY invoices with supporting documentation acceptable,
schedule as set forth in the .�cce to tc the Clerk on a
contract.
Acceptability to the Clerk is based on generally accepted mounting
principles and such laws, rules and regulations as may govern the Clerk's disbursal of finds.
The FIRM may only use qualified personnel to perform the services r `
contract, It is understoodp e�urred of �t under the
that the COI TY's selection of the FIRM for this contract is based in
part on the abilities of the persons who are expected to provide services under this e
expect that the following agreement. The
parties ex
p g individuals will perfoun those services:
A. Alberto Cardenas
B. Carl Chidlow
C. Colin Mueller
D. El inette Ruiz
E. Emily Zamm*t
If any of these individuals leave the FIl's employ,he or she must .
simxiari qualified be promptly replaced with a
y q fled individual. The replacement individual is also subject to the written a
the BCC, whose approval will not � approval of
pp be unreasonably withheld.
Monthly invoices shall identify the approved persons who provided services and a brief summary of the
'
services provided,"
2, The remaining provisions of the agreement dated February 27, 2009, not inconsistent
remain in full force and effect. herewith,
written,
IN WUNMS WHEREOF, the parties have set their hands and seal on the dayand e year first above
(SEAL)
ATTEST: DANNY L. KOLHAGE* CLERK
Jam` � f��l��
Print Name
Address: 4 t
DATE:
BOARD OF COUNTY COMMISSIONERS
OF M of coIJI TY, FLORIDA
Y
B 46 .
STY ATTORNEY
Mayor/Chairman
.-4PMe1q1Z; m- NU f 10NIPE ENAS, LLP.
' 'T A R EY
Signat
X.ffl#�0.0 04 Z/ zefA
Print Dame
DATE:
TewCardenas Amendment 3-18.09 2
t�
CA
rn
CD
�v
to
C)
AGREEMENT BETWEEN MONROE COUNTY AND
TEW CARDENAS LLP
9 Zia,
THIS AGREEMENT, made and entered io9
into this _day of 2009, by
and between the BARD OF COUNTY CONMSSIONERS OF MONROE CO , FLORIDA,
("COUNTY'), a political subdivision of the State of Florida whose address is 1100 Simonton
Street, Key west, Florida 33040, and TEw CARDENAS LLP (4ATTORNEY,25).
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
muni cipa l iti es (the -wastewater authorities) 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
W AS, Chapter 2008 -49, Laws of Florida (the "Acf), 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 wastewater authorities have indicated an interest in sharing the costs of
a contract between the County and the Attorney to lobby the State to issue bonds and appropriate
$50,000,000 per year to the wastewater entities in the Florida Keys, as well as any other efforts
to obtain federal or state funding for wastewater and infrastructure projects in the Florida Keys,
and to lobby State regulatory agencies to relax or amend their rules to allow property owners to
come into delayed compliance with Ch. 99-395 if their wastewater authority has one or more
projects scheduled but not completed by July 1, 2010; now, therefore,
In consideration of the mutual covenants and provisions contained herein, the parties
agree as follows:
1. THE CLIENT
The Client is the COUNTY, and to the extent ethically permissible, it's elected and appointed
officers and its employees, in alliance for the purposes of this agreement with the cities of Islamora
Key rest, and marathon, Key Largo wastewater Treatment Distnct and the Florida Keys Aqueduct
r
Authofity, unless COUNTY advises ATTORNEY otherwise. The services provided under this
agreement shall be provided for the collective benefit of the county and the entities named in this
paragraph.
2. TEE ATTORNEY"
ATTORNEY is the individual or professiorW association named above and whose legallyauthored
signature ears at the bottom of this '
jun"sdictions
aP'P Agreement. ATTORNEY �s licensed to prac�ce law �n all
relevant to this matter. ATTORNEY has been retained specifically because
ATTORNEY is understood by COUNTY to be able to handle this matter. If ATTORNEY
page I of 15 Tew Car&mw LLP Lobbyist Cont=t
2W2009 ]GAP
r
practices with others who may also provide services to COUNTY he or she
COUNTY e , understands that
expects that ATTORNEY will be responsible for managing the representation, assuring
compliance of others with the terms of this rn g
. - Agreement and ethical requirements., preparing and
substantiating all bills, and communicating with COUNTY. AT rORNE Y" may not deleg
ate or
outsource this work without full written disclosure to, and prior written approval from,the
COUNTY.
3. TERM OF AGREEME'T`
This Agreement and representation by ATTORNEY is effective upon execution by ATTORNEY
and acceptance and approval by COUNTY in accordance with COUNT'' policies,ordinances
}
or goverrung statutes. Upon execution by ATTORNEY and acceptance and approval by
COUNTY, this agreement will be retroactive to February 6, 2009. The representation shall
continue for one year unless earlier terminated by either the COUNTY, or by the ATTORNEY" in
accordance with ethical requirements and/or the terns of this Agreement.
4. SCQPE OF TBE YLQRK
The scope of services will include lobbying services related to the Monroe County legislative
Program, including mom horings identifying, and prioriti ng opportunities and challen es for
Monroe Countywith respect to is g
P sues under consideration by the State and federal Legislature.
The FIRM (LOBBYIST) shall work closely with the County Administrator or his designee, or in
the absence of either, the Coon
County Attorney, and will provide, at a mini mun� the following
services:
(A) File Commurfity Budget Issue Requests, as determined by the Board of Count
Commissioners, with a AFro riy
Pate House and Senate Legislative Relegation members;
(B) Regularly provide County staff and the Board of County Co
xnmissianers with any
i new nformation, and actively seek opportunities to enhance the County 's State and federal
legislative program and provide options as to legislative strategy when necessary-
(C) Monitor and analyze State and federal legislation including the bud et process and
report to the Gaunt both g
. P. y� orally and in writing, any legislative events that may directly or
indirectly impact the County;
(D) During the legislative session, provide the County A.drninistrator with week/
reports of the past week's activities affecting the y
• � � g County', substantive and appropriations issues
and any other issues that could positively or negatively impact the County;
% Identify and act appropriately on State and federal legislation and legislative
proposals that may impact Monroe g
y p County,
(F) Identify and secure funding opportunities that may arise from
legislation; proposed
(G) Draft legislation, appropriations requests, and amendments as neces
OR} Lobby for Monroe County' s position on legislation, appro *atio ns and matters of
P
interest, including direct contact and communication with the State and federal
executive
branches, including officials and agency representatives, and legislators and staff, and testify
behalf ofM Monroe - � g � an
0 oe County at hearings before legislature committees;
(I) Maintain close working relationships with Monroe County staff;
(J) Provide regular briefing reports to the Board of County Commissioners on ke
issues and legislative activity as requested b the B y
y q y Board;
(K) . Monitor various State and federal agency actions for potential iPm act on Monroe
County, and, to the event action is needed, advise the County;
(L) At the conclusion of the legislative session, prepare a final report, including the
final status of the Cann 's legislative priorities P g
g e priorities and a summary of impact of major legislative
changes to Monroe County.
'age 2 of 15 Tew Cwdmw LLP Lobbyist Contract
2/&2009 KM P
4.1 Professional ability to perforrn wor aDDointment of contract manaeaer
ATTORNEY warrants that he or she is authorized by law to engage in the performance of the
activities herein described, subject to the terns and conditions set forth in these contract
documents. ATTORNEY shall designate an individual attome to be the contract manager for
� ag
each natter and the contract manager shall at all times exercise independent,endent professional
judgment and shallassume professional responsibility for the services to be provided.
ATTORNEY warrants that he or she and the authorized time keepers are authorized by law and
the Rules and Regulations of The Florida Bar to engage in the Performance of the activities
encompassed by this Agreement. If ATTORNEY is a member of a law Attorney, either as
Partner, shareholder, associate, or other relationship, ATTORNEY warrants that he or she is
authorized to enter 'Into this Agreement.
S. REVIEW OF ETFHCAL OBLIGrATIONS AND POTENTIAL CONFLICTS OF
1MREST BEFORE RQTIATINC
jr REPRESENTATION
ATTORNEY has conducted a thorougb inves*fion and detennined that neither .ATTORNEY nor
his or her Attorney has any ethical impediment, real or potential, including but not limited to
conflicts of interest, to representing COUNTY. To the extent that any ethical impediment, real or
potential, is discovered or ever arises, ATTORNEY shall immediately Moan COUNTY in writing
of whether .�. s
necessary to avoid the impediment
of the impediment
(regardless ATTORNEY believes he or she has taken ahl steps and re P
regardless of whether ATTORNEY believes that the
impediment is insubstantial or questionable), make N disclosure of the situation to COUNTY obtain
OU'4TY' S express written consent to continue the representation of the other client, and take all
steps requested by COUNTY to avoid or mitigate the impediment. ATTORNEY understands that if a
direct or indirect conflict of interest arises which, in the opinion of the COUNTS'" cannot be
avoided or mitigated under the Rules ofProfessional Conduct of The Florida Bar COUNTY may, in its
expenses discre ion� (a) obtain reimbursement from ATTORNEY for all fees and ex ? d
P F�to
ATTORNEY in this matter; (b) obtain cancellation of all amounts allegedly owed b COUNTY to
ATTORNEY; and(c)obtain reimbur yr � � reimbursement for consequential expenses incurred by COUNTY,
including the cost of replacement counsel.
6. PAWaNTS TO ATTORNEY
ATTORNEY shall submit to COUNTY invoices with supporting pP g documentation acceptable to
the Clerk. Acceptability to the Clerk is based on generally accepted accounting principles and
such laws, rules and regulations as may govern the Clerk's disbursal of funds.
6.1 ATTORNEY Fe(Monthly)
ATTORNEY will be paid for his or her services based can the provision of services on behalf of
COUNTY on a monthly basis due to the need for flexibility and adaptability in meeting with
p y g
State and/or Federal officials and the diversity of situations in which lobbying services are
provided_ The agreed fee is 5 00O Y g
.00 per month, not to exceed $60,000 for one year. The
following minimum billing documentation and time -Deeper requirements are a condition
precedent to payment •� � •
p p y by the COUNTY. Payment will be made in accordance with the Florida
Local Government Prompt Payment Act after County receives a proper invoice for the services
Provided in the P
p preceding month.
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6.2. identification of Tirne7Kee ers:
Monthly invoices sham identify the approved time -keepers ` P p who pra�r�deal services and a brief
summmy of the services provided.
Approved Time Keepers:
Name. -
Alberto Cardenas
El i nette Ruiz
6.3. Discounts to other Clients
The rates ATTORNEY will charge COUNTY
tune -keepers to other clients. In the event tha
clients, ATTORNEY and approved time-ke g
Vi 1
CO Ta i
represent the lowest rates charged by the same
lower rates or discounts are provided to other
rs will also provide them on the same basis to
6.4. Time kee ers
As used in this Agreement, the term "time kee er" shall includ
ATTORNEYS P e ATTORNEY and ether
and individuals identified ifii ed in paragraph 6 . of this A eeinent tivh '
�' o ill be
providing services under this
Agreement and who will bill the COUNTY for their services in
accordance with this Agreement. f
6.5. Time -keeper changes
Tune -keepers approved b the COUNTY are listed .
. � sted m P�aph �.� of �s Agreement, and may be
amended from time to time, upon mutual agreement of the COUNTY
� and the ATTOR�Y* to
evidence the then -current
circumstances. Ad
ditional dditional tulle -keepers may not be added to the
without advance �vriiten. approval from COUNTY. In thematter
event that additional tirrierkeepeY-s providing
services which are to be billed to COUNTY are to be added to the
provided � then their hourly rates shall be
p ed to COUNTY m advance, and, upon written. PP a roval b the �
ram � COUNTY, their rates and
billing p ces shall comply with the requirements of this Agreement. COUNTY
receive ex ects to
discounts or other concessions so that any increases or changes in .
result in unnecessaryg tune -keepers Will not
or unreasonable charges to COUNTY, e.g., for training, internal
conferences, and management. $
7. BfY.LNG OF FEES AND E?X-E—NSES
ATTORNEY shall comply with the follo-in re uii'einents as .
condition g q to billing fees and expenses as a
precedent to COUNT S obligation to pay each bill:
7.1. Monthly bills
Unless otherwise agreed in a writing signed b the COUNTY
S �' }bills shall be issued monthly by
ATTOR
NEY within fifteen (15) days after the close of each month. ATTORNEY
that OoIJ1�3TY r understands
requires prompt bills in part to facilitate effective management of the
representation. and fees. g
7.2. Bi forest
ATTORNEY shall provide detailed itemized.
bills which shall, at a minimum:
7.2. f Desscr, wion
Provide a general description of the matt •
er, for �vhtch services are being performed. For
example, simply the word "research" is not acceptable, more detail
and what was determinedP � about the type of research
by the researchi is necessary.
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7.2.2 Personnel
Clearly identify each timekeeper performing services in conjunction with each entry.
7.3. Expense
COUNTY will pay the actual, reasonable cost of the following expense items if incurred in _
accordance with the guidelines below and promptly itemized in ATTORNEY'S monthly bill:
Reimbursable expenses include the following:
(a) Expenses of transportation and lodging submitted by ATTORNEY, in writing with
documentation such as boarding passes and receipts, in connection with travel
authofized by the COUNTY, but only to the extent authorized by State statute and
County Ordinance.
(b) Long distance charges and overnight delivery related to the pro*ect shall be
reimbursed at cost.
7.3.1. Travel Exilenses
Travel expenses within the ATTORNEY' S local area, defined as a radius of 50 miles from the
timekeeper's office, will not be reimbursed.
Travel expenses outside the local area may only be reimbursed 'if the travel was approved in
advance by COTJNTY. Reimbursable travel expenses, if approved in advance, are the cost of
transportation by the least expensive practicable means (e.g., coach class air travel), the cost of
reasonable hotel accommodations, and the cost of transportation while out of town (e.g., by cab
or rental car., whichever seems reasonable, at the lowest avai lab le rate) . Travel expenses will be
reimbursed in accordance with the applicable provisions of Florida Statute 112.321 for
"approved travelers" and of the Monroe County Code Article AUM and shall be summarized on
the Monroe County Travel Fonn by ATTORNEY with all applicable receipts attached thereto.
7.3.2. —distance ch arizes and , overni hit dellyea fees
Long distance charges and overnight delivery fees shall be reimbursed at cast.
73.3. Advance annLoyal --of Menses
In addition to the items noted above, ATTORNEY shall obtain advance approval from
CO TNTY before incurring any expense ipn excess of $13000.00 if ATTORNEY expects to be
reimbursed for that expense. COUNTY may refuse to pay any expense for which advance
approval was not obtained by ATTORNEY.
7.3.4. Copies of recOats for expenses
ATTORNEY shall include copies of receipts for all expenses with the itemized P � monthly bill.
COUNTY may refuse se to pay any expense item for which documentation is not provided by
ATTORNEY.
P
7.3.5. Expenses,(and €ees). a%er termination
Upon termination of the representation, ATTORNEY shall promptly l it
.F P y bill COUNTY for any
remaining reimbursable expenses and fees. COUNTY may refuse to pay any fees or expenses
not billed within 45 days of termination of the representation, ATTORNEY is also expected to
cooperate promptly with all aspects of termination and, if applicable, transition to other counsel.
Payment for fees and expenses is contingent upon prompt, full cooperation.
Page 5 of 15 Tew Cardenas LLP Lobbyist Contract
7.4. Bill and expense documentation
ATTORNEY must maintain supporting document .
pp � anon for invoices until at least one year after
the term i nation of the representation. This documentation shall be made available a�lable by
ATTORNEY to COUNTY (or CO 'S designated representative including an accountant.
the County Clerk or County Clerk's representative, or legal bill auditor u CO�f Y'
� on p S
written request. ATTORNEY agrees to cooperate with any examination of this documentation
and ATTOR NEY' S fees and expenses, e.g., by responding promptly and completely to an
questions COUNTY p y p y y
or its designated representative may have. ATTORNEY shall notify
COUNTY in writing at least 60 days in advance of destroying any such records and in the event
at COUNTY requests that they be preserved, shall preserve them at least one addi tionaiear
or, at the option of the COUNTY delivered to the y
s e �OLT.i�i`Y for storage by the COUNTY, with
COUNTY responsible for paying the actual cost of storage. This documentation shall include
for example, original time records, expense receipts, and documentation supporting the amount
charged b ATTORNEY f pp g
g y or expense items generated by ATTORNEY or his or her Attorney.
COUNTY reserves the right not to pay any fee . or expense item for which sufficient
documentation or expense item for which sufficient documentation is not available to determine
whether the item was necessary and reasonable.
8. PAYMENT TERMS
ATTORNEY'S request for payments and reimbursements may be made in either the
ATT QR1�EY' S name y
e or the name of the ATTORNEYS law Attorney, as appropriate.
ATTORNEY bills complying with this Agreement are due and payable accord' to the Prompt
p' g P
Payment Act. If the bill materially fails to comply with the requirements of this Agreement, then
it is not due and payable until ATTORNEY remedies its defieiencfes.
9. MATTER bAHAOEMENT
9.1. Billinp, batters. .All billing by ATTORNEY, and additional timekeepers, will be
reviewed b ATTORNEY and p '
y that ATTORNEY will serge as the point of contact for this
matter, including billing questions. The COUNTY contact for this billing issues shall be:
Suzanne button, County Attorney
1111 12'h Street, Suite 408
Key west, Florida 33040
(305) 292-.3 470
(305) 292-3516 (facsimile)
9.2. Legislative, hatters. All conurdcations between COUNTY and ATTORNEY
regarding legislative matters shall be communicated to the Coun Administrator or in his
absence,, h � s
to
the County .Attorney, The pnmary CO contact for these purposes shall be:
Roman Gastesi, County Administrator
1100 Simonton Street, Room 2-205
Key West, Florida 33040
(305)2924644
(305)394-1332 {cell}
(305) 292-4544 (facsimile)
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216J2009 KW
9.3. ATTORNEY cow eration
ATTORNEY will cooperate with COUNTY or COUNTY' S representatives to rovide
all 'Information COUNTY requests promptly F
or needs about the subject matter of this Agreement and
AT'TOR1 Y' S bills and handling of the 'natter.
9.4. OUNTY cooperatian -
ATTORNEY should consult with COUNTY about all opportunities for
pp COUNTY to save money
or make use of CO NTY'S expertise to assist in, e.g., meetings with State officials and drafting
of documents. COUNTY may al have
y soh personnel and facilities available to reduce the expenses
related to the subject matter of this Agreement.
10. C QDII ENTLA ITY AND PUBLIC RELATIONS
ATTORNEY is not authorized to waive or release any privilege or other protection of
information -- confidential, secret, or otherwise — obtained from or on behalf of COUNTY.
ATTORNEY is to keep all confidential, privileged, or secret information confidential. This
requirement is perpetual, i.e., it will continue even after the termination of the relationship and
this Agreement.
1.0.1. Prohibition against use of information
This requirement is also intended to prohibit ATTORNEY froth usinginformation on obtained from
or on behalf of COUNTY, including, work product prepared at Co 'S expense, for other
client's of ATTORNEY or his •p or her Attorney, without COUNTY' S advance written approval.
10.2 Na_ use of County for marketing pMoseSs
ATTORNEY is not authorized to identi CO- LINTY as a COUNTY, UNTY, e.g., for purposes of
marketing or advertising without COUNTY' S prior approval.
11. OM%E- RSHW OF ATTo1NEY FILES AND WORK PRODUCT
ATTORNEY and erstan d s that all files and work product prepared by ATTORNEY or his or her
Attorney at the expense of COUNTY (or for which COUNTY is otherwise billed) is the property
of COUNTY. Without COUNTY' S prior written approval, this work or his product may not be used b
ATTORNEY or y Y
s or her Attorney nor disclosed by ATTORNEY or his or her Attorney to
others, except in the normal course of ATTORNEY' S representation of COUNTY in this matter.
ATTORNEY agrees that C OLiNTY owns all rights, including copyrights, to materials re ared
p P
by COUNTY or by ATTORNEY on behalf of COUNTY. ATTORNEY shall notify COUNTY
in wnti
r in at least 60 days n advance of destroying any such records and, in the event that
COUNTY requests that they be preserved, shall preserve them at least one additional year ear
COUNTY responsible (with
responsible for paying the actual cost of storage). ATTORNEY shall provide
COUNTY with prompt t access to(including. , P p the ability to nuke copies of) au ATTORNEY files
and work product, regardless of whether the representation or matter is ongoing and whether
expenses
p have been paid in fmii
ATTORNEY fees and ex en g g
.
12. DISPUTE RESOLU71 N
ATTORNEY and COUNTY agree that if a dispute arises between them that neither shall be
required to enter into any arbitration proceedings related to this Agreement
12.1. Ibis utes re ardin Attune fees or expenses
ATTORNEY and COUNTY agree that all disputes regarding ATTO EY'S fees or expenses
are to be resolved pursuant to the procedures p p ores and practices for mediation by the Attorney
Consumer Assistance Program of the Florida Bar.
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12.2. Dis utes regarding interpretation
COUNTY and ATTORNEY agree that all disputes and disagreements between them
F gr errs regarding
interpretation of the Agreement shall be attempted to be resolved by a meet and confer session
between representatives of COUNTY and ATTORNEY. If the issue or issues are stir no
t
resolved to the satisfaction of both within thirty (30) days after the meet and confer session,then
either shall have the right to terminate the Agreement upon ten (10) business days notice in
writing to the other party.
12.3 Legal or Administrative
ve oroeedures
In the event any administrative or legal proceeding is instituted against either the C
g TY or
ATTORNEY relating to the formation, execution, performance, or breach of this Agreement,
the COUNTY and ATTORNEY each agree gr a to participate, to the extent required �?y the other,
in all `proceedings, hearings, processes, meetings, and other activities related to the substance
of this Agreement; institution of any administrative or legal proceeding shall constitute
immediate itermination of this Agreement. ATTORNEY agrees to forward copies of all
documents n his or her possession related to the matter, which is the subject of this Agreement to
COUNTY at the time of filingadministrative �
any adm�n�strative or legal proceeding.
12.4 ATTORIEY'S Fees and Costs
In the event any administrative proceedingor cause of acti6n is initiated or defended by the
COLT TY or ATTORNEY relative to the enforcement or interpretation of this Agreement, the
prevailin a shall be entitled to ' g p an award of reasonable ATTO��'' S fees, and court costs,
as an award against the non -prevailing party, and shall include reasonable ATTORNEY' S fees
and court costs in appellate proceedings.
Mediation proceedings initiated and conducted pursuant to this A►.greem nt or as may be r uired
y
by a court of competent jurisdiction shall be conducted in accordance with the Florida Mules of
Civil Procedure and the usual and customary procedures required by the circuit court of Monroe
County and shall take place in Monroe County.
13. NOTICE REOUIREMENT
Any notice required or permitted under this agreement shall be in writingand hand delivered or
mailed, osta a p re i
p g pa d, to the other party by certified mail, returned receipt requested, to the
following:
FOR COUNTY
Doman Gastesi Suzanne A. Hutton
County Ad mini strator and County Atto m ey
11 Do Simonton Street 1111 12'hStreet, State 408
Key west, FL. 33040 Key west, FL 33040
FOR ATTORMY
dinette Ruiz
Four Seasons Tower, 15"h Floor
1441 $riekell Avenue
Miami, FL 33131-3407
Phone 305-536.1112
Fax 3 05-5 3 6-1116
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14. GOVERNING ERNING LAW ,AND VENUE
This Agreement shad be governed b and construed in accordance with the laws
s of the State of
Florida applicable to contracts made and to be performed entirely in the State; venue for any
legal action which may arise out of or under this agreement sham he in Monroe County, Florida.
15. ENTIRE .AGREEMENT
The entire agreement between the COUNTY and ATTORNEY with respect to the subject matter
hereof is contained in this Agreement. This Agreement supersedes all prior oral and written
proposals and communications between the COUNTY and ATTORNEY related to this
Agreement. No provisions of this Agreement shall be deemed waived, amended or modified by
either party unless such waiver,
amendment or modification is in writing and signed by the party against whom the waiver,
amendment or modification is claimed. This Agreement shall be binding upon and inure to the
benefit of the parties hereto, their permitted successors and. assigns.
16. FLORIDA GOVE NT-M-TBE-SUNSE9 E LAW
ATTORNEY agrees that, unless specifically exempted or excepted by Florida lair, the
provisions of Chapter 120, Florida Statutes, generally require full and public discussion of
matters to be voted upon by the Board of County Commissioners. ATTORNEY agrees to consult
with the COUNTY ATTORNEY' S office concerning the application of the Sunshine Law from
time to time concerning specific circumstances that may arise during the term of this Agreement.
17. FLORIDA. PUBLIC RECORDS LAW
ATTORNEY agrees that, unless specifically exempted or excepted by Florida law or Rules and
Regulations of The Florida Bar, the provisions of Chapter 119, Florida Statutes, generally require
public access to all records and documents which may be made or received under this
Agreement. ATTORNEY agrees to consult with the County Attorneys office concerning the
application of the Public records Law from time to time concerning specific circumstances that
may arise during the term of this Agreement.
18. NO ASSIGNMENTS
ATTORNEY shall notassign or subcontract its obligations under this agreement, except in
wasting and with the prior written approval of the Board of County Commissioners of Monroe
County, which approval shall be subject to such conditions and provisions as the Board may
deem necessary. This paragraph shall be incorporated by reference into any assignment or
subcontract and any assignee or subcontractor shall comply with all of the provisions of this
Agreement. Unless expressly provided for therein, such approval shall in no manner or event be
deemed to impose any additional obligation upon the Board.
19. TERhUNATION
Either of the parties hereto may terminate this contract without cause by giving the other party
thirty (30) business days written notice of its intention to do so.
19.1 Documents forwarded to COUNTY
ATTORNEY agrees to forward to COUNTY along with Notice of Termination or upon receipt
of Notice of Termination, depending upon which party terminates the Agreement, copies of all
docents in his or her possession of any nature whatsoever related to the ATTORNEY' S
representation of COUNTY" or obtained due to ATTORNEY'S representation of COUNTY:
Page 9 of 15 ` ew Caws LLP Lobbyist Contract
19.2 Restriction on Communications
ATTORNEY agrees not to communicate with the public, including the press, about C OUNTy ar
about this matter.
20. SEVERABILITY
If a term, covenant, condition or provision of this Agreement shall be declared invalid or -
unenforceable to any extent by a court of competent jurisdiction, the remaining terns, covenants,
conditions and provisions of this Agreement shall not be affected thereby; and each remaining
term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable
to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants,
conditions and provision of this Agreement would prevent the accomplishment of the anginal
intent of this Agreement. The COUNTY and ATTORNEY agree to reform the Agreement to
replace any stricken provision with a valid provision that comes as close as possible to the intent
of the stricken provision.
21. CAPTIONS
The captions set forth herein are for convenience of reference only and shall not define,
modify, or limit any of the terms hereof:
22. LEGAL OBLIGATIONS AND IiESpONSIBILITIES. �LON-DELEGATIOI� OF
C oS TIT[ITIO3�A�, ORS STATUTORY DUTIES
This Agreement is not intended to relieve, nor shall it be construed as relieving,either the
COUNTY or ATTORNEY from any obligation or responsibility imposed upon each by law
except to the extent of actual and timely performance thereof by the other, in which case the
performance may be offered in satisfaction of the obligation or responsibility. Further this
Agreement is not intended to authorize, nor shall it be construed as authorizing, the delegation
of the constitutional or statutory duties of the COUNTY, except to the extent permitted b the
P y
Florida Cronstitution, state statutes, case lair, and, specifically, the provisions of Chapter 125,
Florida Statutes.
23. RECORDS
ATTORNEY shall maintain all books, records, and documents directly pertinent to performance
under this Agreement,
including the documents referred to in this Agreement, to accordance with
generally accepted accounting principles, consistently applied_ Upon ten (10) business days
Y
written notice to the other, representatives of either the COUNTY or ATTORNEY shall have
access, at all reasonable times, to all the other party's books, records, correspondence,
instructions, receipts, vouchers and memoranda (excluding computer software) ertauun �P g to
work under this Agreement for the purpose of conducting a complete independent fiscal audit.
ATTORNEY shall retain all records required to be kept under this Agreement for a minimum of
five years, and for at l east four years after the termination of this agreement. ATTORNEY shal t
keep such records as are necessary to document the performance of the agreement and expenses
as incurred, and give access to these records at the request of the COUNTY, the State of Florida
or authorized agents and representatives of said government bodies. It is the responsibility of
P y
ATTORNEY to maintain appropriate records to insure a proper accounting of all collections and
remittances. ATTOR Y shall be responsible for repayment of any and all audit exceptions
which are identified b the t F
y Auditor tar General for the State of Florida, the Clerk of Court for
Monroe County, the Beard of County ty C;ornn-�i ssi oners for Monroe County, or then- agents and
representatives.
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24. PUBLIC ACCESS
The COUNTY and ATTORNEY shall allow and permit reasonable access to and inspection of,
all documents, papers, letters, or other materials subject to the Florida Public Records Law, as
provided in Chapter 119, Florida Statutes, and trade or received by the them, unless specifically
exempted by State Statute, Rules and Regulations of The Florida Ear, or case law. COUNTY
shall have the right to cancel this agreement upon violation of this provision by ATTORNEY.
25. KO-N—ROE.CQ—U—NTY CODE ETMCS PROVISION
ATTORNEY warrants that he or she has not employed, retained or otherwise had act on his
behalf any former COUNTY officer or employee in violation of Section 2 of Ordinance No. 10-
1990 or any COUNTY officer or employee in violation of Section 3 of Ordinance No. 10 1990.
For breach or violation of this provision the COUNTY may, at its discretion, terminate this
Agreement without liability and may also, at its discretion, deduct from the sums owed under the
Agreement, or otherwise recover, the full amount of any fee, commission, percentage, gift, or
consideration paid to the former or present COUNTY officer or employee. COUNTY employees
and officers are required to comply with the standards of conduct delineated in Section 112.3 13,
Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts, doing business
with one's agency, unauthorized compensation, and misuse of public position, conflicting
employment or contractual relationship, and disclosure of cer Wn information,
r
26. PUBLIC ENTITY QRMM STATEMENT
Florida law provides that person or affiliate who has been placed on the convicted vendor list
following a conviction for public entity crime may not submit a bid on an agreement to provide
any goods or services to a public entity, may not submit a bid on a agreement with a public
entity for the construction or repair of a public building or public works may not submit bids on
leases of real property to public entity, may not be awarded or perform work as a contractor,
supplier, sub contractor, or consultant under a agreement with any public entity, and may not
transact business with any public entity in excess of the threshold amount provided in Section
287.017, for CATEGORY Two for a period of thirty-six (36) months from the date of being
placed on the convicted vendor list. ATTORNEY'' warrants the neither ATTORNEY not' any
authorized time keeper has been named to the convicted vendor list_
27. ANTI -KICKBACK
ATTORNEY warrants that no person has been employed or retained to solicit or secure this
Agreement upon any contract or understanding for a commission, percentage, brokerage or
contingent fee, and that no employee or officer of the COUNTY has any interest, financially or
otherwise, in this Agreement, except as expressly shed herein. For breach or violation of this
warranty, the COUNTY shall have the right to annul this agreement without liability or, in its
discretion, to deduct any surns to be paid by COUNTY under- this Agreement, or otherwise
recover, the fi.rll amount of such cornmssion, percentage, brokerage or contingent fee.
28. MODIFICATIONS AND AMENDMENTS
This Agreement may not be modified in any way without the express, written consent of both
parties. Any and all modifications and Amendments of the terms of this Agreement shall be in
writing and executed by the Board of County Commissioners for Monroe County and by
ATTORNEY in the same manner as this Agreement.
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216/2
29 . Z EPE E T C C1�RAC TOR
At all times and for all purposes hereunder, ATTORNEY is an independent contractor and not an
employee of the Board of County Cornniissioners of Monroe County. No statement contained in
this Agreement shall be construed so as to find ATTORNEY or any of the authorized time
keepers, to be the employees of the Board of County Commissioners of Monroe County, and
they shall be entitled to none of the rights, privileges or benefits of employees of Monroe
County.
30. COWLIAINCE ' TIC LAW
In carrying out ATTORNEY' S obligations under this agreement, ATTORNEY shall abide by all
statutes, ordinances, rules and regulations pertaining to or regulating the provisions of this
Agreement, including those now in erect and hereaadopted. Any violation of said statutes,
ordinances, rules or regulations shall constitute a material breach of this Agreement and shall
entitle COUNTY to terminate this Agreement immediately upon delivery of written notice of
termination to ATTORNEY,
31. LICENSING
ATTORNEY warrants that ATTORNEY and additional timekeepers do presently have, shall
have prior to commencement of work under this Agreement, and at all times during said work,
all required licenses and permits whether federal, state, Count or City.
32. NON-DISCRIMONATION
.ATTORNEY agrees that he or she will not discriminate against any person, and it is expressly
understood that upon a determination by a court of competent jurisdiction that discrinnation has
occurred, this Agreement automatically terminates without any further a o' n on the part of any
party, effective the date of the court order. ATTORNEY agrees 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 88-3 52) which
prohibits discrimination on the basis of race, color -r 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 discri m.ination
on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-25 5), 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 nondiscfimination 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 VIH of the
Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the
We, rental or -financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s.
1201 Dote), as maybe amended from time to time, relating to nondiscrimination on the basis of
disability; 10) Monroe County Code Chapter 13, Article VI, which prohibits discrimination on
the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender 'Identity
or expression, familial status or age; 11) Any other nondiscrimination provisions in any Fed era l
or state statutes which may apply to the parties to, or the subject matter of, this Agreement.
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21 009 MAP
�3 . TON -RELIANCE BY NON-PARTIES
No person or entity shall be entitled to rely upon the terns, or any ofthen, of this Agreement to
enforce or attempt to enforce any third -party claim or entitlement to or benefit of any service or
program contemplated hereunder, and the COUNTY and ATTORNEY agree that neither the
COUNTY nor ATTORNEY or any officer, agent, or employee of each shall have the authority
to inform, counsel, or otherwise indicate that any particular individual or group of individuals, -
entity or entities, have entitlements or benefits under this Agreement separate and apart inferior
to, or superior to the conunumty m general or for the purposes contemplated under this
Agreement,
34. ATTESTATIONS
ATTORNEY agrees to execute such documents as the COUNTY may reasonable require,
including a Drug -Free workplace Statement, and a Public Entity Crime Statement.
35. COLNTY AUTHORITY
This Agreement has been duly noticed at a legally held public meeting conducted in Monroe
County, Florida. COUNTY' S performance and obligation to pay under this contract, is
contingent upon annual appropriation by the Board of County Commissioners,
36, HOLD HARMLESS AND INSURANCE
Prior to the commencement of work governed by this contract, the ATTORNEY shall obtain
General Liability Insurance. Coverage skull be maintained throughout the life of the contract
and include, as a Minimum:
s Premises Operations
* Bodily Injury Liability
* Expanded Definition of Property Damage
The rninimum limits acceptable shall be:
$300,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$ 100,000 per Person
$300,000 per Occurrence
$ 50,000 Property Damage
An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its
provisions should include coverage for claims filed on or after the effective date of this contract.
In addition, the period for which claims may be reported should extend for a minimum of twelve
(12) months following the acceptance of work by the County.
The Monroe County Board of County Commissioners shall be named as Additional Insured on
all policies issued to satisfy the above requirements.
Page 13 of 15 Tew Cad LLP Lobbyist Contract
2/6/2009 IGAP
• M
'Vehicle Liability Insurance requirements
Recognizing that the work governed by this contract requires the use of vehicles, the
ATTORNEY, prior to the commencement of work, shall obtain Vehicle Liability Insurance.
Coverage shall be maintained throughout the life of the contract and include, as a rninirnuni,
liability coverage for.-
* Owned, Non -Owned, and Hired. Vehicles
The minimum limits acceptable shall be:
$100,000 Combined Single Limit (CSL)
If split limits are provided, the minimum Emits acceptable shall be:
$ 50?000 per Person
$100, 000 per Occurrence
25,000 Property Damage
The Monroe County Board of County Commissioners shall be named as Additional Insured on
all policies i s sued to satisfy the above requirements.
Workers' Compensation Insurance Requirements
Prior to conunencement of work governed by this contract, the ATTORNEY shall obtain
Workers" Compensation Insurance with limits sufficient to respond to the applicable state
statutes.
In addition, the ATTORNEY shall obtain Employers' Liability Insurance with limits of not less
than.
$100,000 Bodily Injury by Accident
$500,000 Bodily Injury by Disease, policy limits
$100,000 Bodily Injury by Disease, each employee
Coverage shall be maintained throughout the entire term of the contract.
Coverage shall be provided by a company or companies authorized to transact business in the
state of Florida.
Professional Liahlli Reauirements
Recognizing that the work governed by this contract involves the furnishing of advise or services
of a professional mature, the Attorney shall purchase and maintain, throughout the life of the
contract, Professional Liability Insurance which will respond to damages resulting from any
claim arising out of the performance of professional services or any error or omission of the
Contractor arising out of work governed by this contract.
Page 14 of 15 Tew Comas LLP Lobbyist Contract
2IU2009 F2AIl'
The mm' irnum limits of liability shall be:
$250,000 per occurrencel$500,000 Aggregate Prior to execution of this agreement, FIRM shall
furnish COUNTY Certificates of Insurance indicating the minimum professional liability
coverage for FERM and additional time -keepers in the amount of $250,000 per
Occurrence/$ 5 00> 000 aggregate. FIRM agrees to keep the same amount of coverage or more at -
all times and to provide proof of said coverage to COUNTY at COUNTY' S request at any time
during the term of the Agreement.
3 7 . NO PERSONAL LIABILITY
No covenant or ob l igat ion contained in this Agreement shall be deemed to be a covenant or
obligation of any member, officer, agent or employee of the Board of County Commissioners of
Monroe County in his or her individual capacity and no member, officer, agent or employee of
the Board of County Commissioners of Monroe County shall be liable personally on this
Agreement or be subject to any personal liability or accountability by reason of the execution of
this Agreement.
3 8. EXECUTION IN CQLRLTERPARTS
This Agreement may be executed in any number of counterparts, each of which shall be regarded
as an original, all of which taken together shall constitute one and the same instrument and the
COUNTY and ATTORNEY may execute this Agreement by s igrdng any such counterpart.
:rr:..- �T WHEREOF, the parties hereto have executed this Agreement on the day
f� :•. tten alcove.
..`s .,t - •.' VANVANNY L., KOLHA►GE, CLERK
eputy Clerk
Witness ATTORNEY:
S' nature
ts';P//JC
Print Name
.. - (g-ei /
LC►W �, �GQ/�
Address
DATE:
BOARD of coulyTY comrnUssioxERs
OF MarrROE COUNTY, FLORIDA
BY 1"2, ).&. e.
Mayor
00NRO
R
U r •s
N
.. -: t•
� � �-�-
fir:
yL K •
ATTORNEY,
��� maw
rn
Signature
A� � /.
Print Marne
DATE:14Y10
Page 15 of 15 Tew Cardenas LLP Lobbyist Contrast
21612009 KNT