03. 10/19/2011 Agreement DANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE: October 27, 2011
TO: Suzanne A. Hutton
. County Attorney
ATTN: Kathy M. Peters
Executive Assistant
FROM: Pamela G. Hanc /c ;1 D.C.
At the October 19, 2011, Board of County Commissioner's meeting, the Board granted
approval and authorized execution of Item R6 an agreement between Monroe County Board of
County Commissioners and Gray /Robinson, P.A. for lobbying services during the 2011
legislative session.
Enclosed is a duplicate original of the above - mentioned for your handling. Should you
have any questions, please feel free to contact this office.
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cc: Finance
File •
LOBBYING AGREEMENT
BETWEEN MONROE COUNTY AND
GRAY/ROBINSON, P.A.
THIS AGREEMENT, made and entered into this � day of �( �,f2ClC , 2011,
by and between the BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA
("COUNTY"), a political subdivision of the State of Florida whose address is 1100 Simonton Street, Key
West, Florida 33040 and GRAY/ROBINSON, P.A. ( "FIRM ");
WHEREAS, the FIRM was contracted in 2009 and again in 2010 to provide lobbying services related
to the Monroe County legislative program during the 2010 and 2011 sessions of the Florida Legislature; and
WHEREAS, Monroe County continues to face many potential challenges with respect to proposed
State legislation in 2012, particularly regarding environmental and fiscal issues; and
WHEREAS, it is deemed in the best interests of the taxpayers and citizens of Monroe County to be as
proactive as possible during the 2012 legislative session;
NOW THEREFORE, in consideration of the mutual covenants and provisions contained herein, the
parties agree as follows:
THE CLIENT
The client is the COUNTY. The services provided under this agreement shall be provided for the
collective benefit of the COUNTY.
2. FIRM
FIRM is the individual or professional association named above and whose legally authorized
signature appears at the bottom of this Agreement. FIRM has been retained specifically because
FIRM is understood by COUNTY to be able to handle this matter. If FIRM practices with others who
may also provide services to COUNTY, he or she understands that COUNTY expects that FIRM will
be responsible for managing the representation, assuring compliance of others with the terms of this
Agreement and ethical requirements, preparing and substantiating all bills, and communicating with
COUNTY. FIRM may not delegate or outsources this work without full written disclosure to, and
prior written approval from, the COUNTY.
TERM OF AGREEMENT
This Agreement and representation by FIRM is effective upon execution by FIRM and acceptance
and approval by COUNTY in accordance with COUNTY'S policies, ordinances, or governing
statutes. Upon execution by FIRM and acceptance and approval by COUNTY, this Agreement will
begin November 1, 2011. The representation will continue for six (6) months unless earlier
terminated by either the COUNTY, or by the FIRM in accordance with ethical requirements and/or
the terms of this Agreement.
4. SCOPE OF THE WORK
This Agreement for services is in addition to the agreement currently held under a Professional
Services Agreement entered July 19, 2006, and amended on June 20, 2007, and February 17,
2010, for the purpose of litigation, appellate works and legal advice regarding employee benefits.
Gray /Robinson Lobbying Agreement (Legislative)
09/30/2011 revision
The scope of services will include lobbying services related to the Monroe County Legislative
program. The FIRM (LOBBYIST) shall work closely with the County Administrator or his
designee, or in the absence of either, the County Attorney, and will provide, at a minimum, the
following services:
(A) Regularly provide County staff and the Board of County Commissioners with any new
information, and actively seek opportunities to enhance the County's State and Federal
legislative program and provide options as to legislative strategy when necessary;
(B) During the legislative session, provide the County Administrator with regular reports of
legislative activities related to this Agreement;
(C) Draft legislation, appropriations requests, and amendments as necessary;
(D) Lobby for Monroe County's position on legislative matters including lobbying officials
and agency representatives, and legislators and staff, and testify on behalf of Monroe
County at hearings before legislative committees;
(E) Maintain close working relationships with Monroe County staff;
(F) Provide regular briefing reports to the Board of County Commissioners as requested by
the Board.
4.1 Professional ability to perform work, appointment of contract manager
FIRM warrants that he or she is authorized by law to engage in the performance of the
activities herein described, subject to the terms and conditions set forth in these contract
documents. FIRM shall designate an individual to be the contract manager for each
matter and the contract manager shall at all times exercise independent, professional
judgment and shall assume professional responsibility for the services to be provided.
FIRM warrants that he or she and the authorized timekeepers 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 FIRM is a law firm, FIRM warrants that he
or she is authorized to enter into this Agreement on behalf of the FIRM. The FIRM's
contract manager shall be Henry Dean.
5. REVIEW OF ETHICAL OBLIGATIONS AND POTENTIAL CONFLICTS OF INTEREST
BEFORE INITIATING REPRESENTATION
FIRM has conducted a thorough investigation and determined that neither FIRM nor his or her
representatives 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, FIRM shall immediately inform COUNTY in writing of the
impediment (regardless of whether FIRM believes he or she has taken all steps necessary to avoid
the impediment and regardless of whether FIRM believes that the impediment is insubstantial or
questionable), make full disclosure of the situation to COUNTY, obtain COUNTY'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. FIRM understands that, if a direct or indirect
conflict of interest arises which, in the opinion of the COUNTY, cannot be avoided or mitigated
under the Rules of Professional Conduct of the Florida Bar, COUNTY may, in its discretion, (a)
obtain reimbursement from FIRM for all fees and expenses paid to FIRM in this matter; (b)
obtain cancellation of all amounts allegedly owed by COUNTY to FIRM; and (c) obtain
reimbursement for consequential expenses incurred by COUNTY, including the cost of
replacement counsel.
6. LIMITED WAIVER OF CONFLICTS
Gray /Robinson Lobbying Agreement (Legislative) 2
09/30/2011 revision
Because of the size of the FIRM and the FIRM's representation of other clients, it is possible that
there may arise in the future a dispute between another FIRM client and COUNTY. The FIRM's
acceptance of the current representation will preclude the FIRM from accepting future
representations adverse to COUNTY which involve matters substantially related to the work
performed by the FIRM in the course of this Agreement. The FIRM does, however, reserve the
right to represent clients whose interests are adverse to the COUNTY so long as such
representation is unrelated to the work which the FIRM is performing under this Agreement.
Further, the COUNTY consents to the FIRM's representation of clients before boards and
commissions of the COUNTY and in administrative proceedings involving the COUNTY.
COUNTY acknowledges that the FIRM represents the City of Key West and other municipalities
pursuant to a similar agreement and consents to such representation so long as same is not
adverse to the COUNTY.
In addition, it is understood that either the FIRM and/or Edwin A. Scales, III (through his firm,
Edwin A. Scales, III, P.A.) currently represents, or will be representing, F.E.B. Corp., CBS
Outdoor, Inc., CVS Pharmacy, and VOF, LLC in land use and/or outdoor advertising matters
which representations are not currently, but could become, adversarial to Monroe County and/or
its Planning Commission. COUNTY consents to such representation.
7. PAYMENTS FOR FIRM
7.1 MONTHLY FEE The FIRM will be paid the sum of $5,000 per month, pursuant to the
Florida Local Government Prompt Payment Act, after receipt of an invoice issued
monthly by FIRM within fifteen (15) days after the close of each month. FIRM
understands that COUNTY requires prompt bills in part to facilitate effective
management of the representation and fees. Due to the need for flexibility and
adaptability in meeting with State and/or Federal officials and diversity of situations in
which lobbying services are provided, the fee shall not be based on an hourly rate. For
any partial month of services, the fee shall be pro -rated to the fraction of the month
during which services are rendered.
7.2 SUBMISSION OF INVOICES The FIRM shall submit to COUNTY invoices with
supporting 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.
The FIRM may only use qualified personnel to perform the services required of it under
the contract. It is understood that the COUNTY'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 agreement. The parties expect that the following individuals will perform those
services, but the FIRM may use any qualified personnel deemed appropriate by the FIRM
to conduct the services contemplated hereunder:
A.
Ed Scales
B.
Jason Unger
C.
Chris Hanson
D.
Pete Antonacci
If any of these individuals leave the FIRM's employ, he or she must be promptly replaced
with a similarly qualified individual. The replacement individual is also subject to the
written approval of the BOCC, whose approval will not be unreasonably withheld.
Gray /Robinson Lobbying Agreement (Legislative)
09/30/2011 revision
COUNTY acknowledges that Mr. Scales' work will be internal only, as Mr. Scales sits
on the Florida Ethics Commission and is prohibited from lobbying by virtue of that
appointment.
7.3 MONTHLY FEE ENCOMPASSES EXPENSES The monthly fee of $5,000 is
inclusive of costs and expenses of the FIRM, unless the COUNTY, through the County
Administrator or the County Attorney, pre- authorizes the expenses such as out -of -area
travel. It is contemplated that Ed Scales will have to travel from Key West to Tallahassee
at least one or two times during the term of this Agreement. In the event such expenses
are pre- approved, reimbursement is contingent upon submission of original
documentation, including but not limited to boarding passes and receipts, in connection
with travel authorized by the COUNTY, but only to the extent authorized by State Statute
and County Ordinance. Expenses charged by governmental authorities related to lobbyist
registration of FIRM as authorized representatives of COUNTY shall be considered
expenses not included in the monthly fee and shall be billed to COUNTY as pre -
approved expenses.
7.4 BILLING AFTER TERMINATION. Upon termination of the representation, FIRM shall
promptly 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. FIRM 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.
8. PAYMENT TERMS
FIRM'S request for payments and reimbursements may be made in either the FIRM'S name or
the name of the FIRM'S representative, as appropriate. FIRM bills complying with this
Agreement are due and payable according to the Prompt Payment Act. If the bill materially fails
to comply with the terms of this Agreement, then it is not due and payable until FIRM remedies
its deficiencies.
9. MATTER MANAGEMENT
9.1 BILLING MATTERS All billing by FIRM, and additional timekeepers, will be
reviewed by FIRM and FIRM will serve as the point of contact for this matter, including
billing questions. The COUNTY contact for billing issues shall be:
County Attorney Suzanne Hutton
1111 12 Street, Suite 408
Key West, Florida 33040
(305) 292 -3470
(305) 797 -3977 (cell)
(305) 292 -3516 (facsimile
9.2 LEGISLATIVE MATTERS. All communications between COUNTY and FIRM
regarding legislative matters shall be communicated to the County Administrator, or in
his absence, to the County Attorney. The primary COUNTY contact for these purposes
shall be:
County Administrator Roman Gastesi
1100 Simonton Street, Room 2 -205
Gray /Robinson Lobbying Agreement (Legislative) 4
09/30/2011 revision
Key West, Florida 33040
(305) 292 -4644
(305) 394 -1332 (cell)
(305) 292 -4544 (facsimile)
9.3 FIRM COOPERATION FIRM will cooperate with COUNTY or COUNTY'S
representatives to promptly provide all information COUNTY requests or needs about the
subject matter of this Agreement and FIRM'S bills and handling of this matter.
9.4 COUNTY COOPERATION FIRM should consult with COUNTY about all
opportunities for COUNTY to save money or make use of COUNTY'S expertise to assist
in, e.g., meetings with State officials and drafting of documents. COUNTY may also
have personnel and facilities available to reduce the expenses related to the subject matter
of this Agreement.
10. CONFIDENTIALITY AND PUBLIC RELATIONS
FIRM 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. FIRM 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.
10.1 PROHIBITION AGAINST USE OF INFORMATION This requirement is also
intended to prohibit FIRM from using information obtained from or on behalf of
COUNTY, including work product prepared at COUNTY'S expense, for other client's of
FIRM or his or her Attorney, without COUNTY'S advance written approval.
10.2 NO USE OF COUNTY FOR MARKETING PURPOSES. FIRM is not authorized to
identify COUNTY as a COUNTY, e.g., for purposes of marketing or advertising, without
COUNTY'S prior approval.
11. OWNERSHIP OF FIRM FILES AND WORK PRODUCT.
FIRM understands that all files and work product prepared by FIRM or his or her FIRM 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 product may not be used by FIRM or his
or her representative nor disclosed by FIRM or his representative to others, except in the normal
course of FIRM'S representation of COUNTY in this matter. FIRM agrees that COUNTY owns
all rights, including copyrights, to materials prepared by COUNTY or by FIRM on behalf of
COUNTY. FIRM shall notify COUNTY in writing at least 60 days in 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 (with COUNTY responsible for paying the actual cost or
storage). FIRM shall provide COUNTY with prompt access to (including the ability to make
copies of) all FIRM files and work product, regardless of whether the representation or matter is
ongoing and whether FIRM fees and expenses have been paid in full.
Gray /Robinson Lobbying Agreement (Legislative)
09/30/2011 revision
12. DISPUTE RESOLUTION.
FIRM 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 DISPUTES REGARDING FEES OR EXPENSES
FIRM and COUNTY agree that all disputes regarding FIRM'S fees or expenses are to be
resolved pursuant to the procedures and practices for mediation by the Attorney
Consumer Assistance Program of the Florida Bar.
12.2 DISPUTES REGARDING INTERPRETATION
COUNTY and FIRM agree that all disputes and disagreements between them regarding
interpretation of the Agreement shall be attempted to be resolved by a meet and confer
session between representatives of COUNTY and FIRM. If the issue or issues are still
not 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 PROCEDURES
In the event any administrative or legal proceeding is instituted against either the
COUNTY or FIRM relating to the formation, execution, performance, or breach of this
Agreement, the COUNTY and FIRM each agree to participate, to the extent required by
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 termination of this Agreement. FIRM agrees to forward
copies of all documents in his or her possession related to the matter, which is the subject
of this Agreement to COUNTY at the time of filing any administrative or legal
proceeding.
12.4 FEES AND COSTS
In the event any administrative proceeding or cause of action is initiated or defended by
the COUNTY or FIRM relative to the enforcement or interpretation of this Agreement,
the prevailing party shall be entitled to an award of reasonable attorney'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 Agreement or as may be
required by a court of competent jurisdiction shall be conducted in accordance with the
Florida Rules 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 REQUIREMENT
Any notice required or permitted under this agreement shall be in writing and hand delivered or
mailed, postage prepaid, to the other party by certified mail, returned receipt requested, to the
following:
FOR COUNTY
County Administrator AND
1100 Simonton Street
Key West, FL 33040
County Attorney
1111 12 Street, Suite #408
Key West, FL 33040
Gray/Robinson Lobbying Agreement (Legislative)
09/30/2011 revision
FOR FIRM
Jason Unger
GRAY ROBINSON, P.A.
301 South Bronough Street, Suite 600
Tallahassee, FL 32301
14. GOVERNING LAW AND VENUE
This Agreement shall be governed by and construed in accordance with the laws 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 shall be in Monroe County, Florida.
15. FLORIDA GOVERNMENT -IN- THE - SUNSHINE LAW
FIRM agrees that, unless specifically exempted or excepted by Florida law, 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. FIRM 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.
16. FLORIDA PUBLIC RECORDS LAW
FIRM agrees that, unless specifically exempted or excepted by Florida law or Rules and
Regulations of the Florida Bar, the provisions of Chapter 299, Florida Statutes, generally require
public access to all records and documents which may be made or received under this Agreement.
FIRM agrees to consult with the County Attorney's 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.
17. NO ASSIGNMENTS
FIRM shall not assign or subcontract its obligations under this agreement, except in writing 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.
18. TERMINATION
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.
18.1 DOCUMENTS FORWARDED TO COUNTY
FIRM 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 documents in his or her possession of any nature whatsoever related to the FIRM'S
representation of COUNTY or obtained due to FIRM'S representation of COUNTY.
18.2 RESTRICTION ON COMMUNICATIONS
FIRM agrees not to communicate with the public, including the press, about COUNTY or
about this matter without the prior approval of either the County Attorney or County
Administrator.
Gray /Robinson Lobbying Agreement (Legislative)
09/30/2011 revision
19. 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 terms, 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 provisions of this Agreement would prevent the accomplishment of the
original intent of this Agreement. The COUNTY and FIRM 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.
20. CAPTIONS
The captions set forth herein are for convenience of reference only and shall not define, modify or
limit any of the terms hereof.
21. LEGAL OBLIGATIONS AND RESPONSBILTTIES: NON - DELEGATION OF
CONSTITUTIONAL OR STATUTORY DUTIES
This Agreement is not intended to relieve, nor shall it be construed as relieving, either the
COUNTY or FIRM 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 by the Florida Constitution,
state statutes, case law, and specifically, the provisions of Chapter 125, Florida Statutes.
22. RECORDS
FIRM shall maintain all books, records, and documents directly pertinent to performance under
this Agreement, including the documents referred to in this Agreement, in accordance with
generally accepted accounting principles, consistently applied. Upon ten (10) business days
written notice to the other, representative of either the COUNTY or FIRM shall have access, at all
reasonable times, to all the other party's books, records, correspondence, instructions, receipts,
vouchers and memoranda (excluding computer software) pertaining to work under this
Agreement for the purpose of conducting a complete independent fiscal audit. FIRM shall retain
all records required to be kept under this Agreement for a minimum of five years, and for at least
four years after the termination of this Agreement. FIRM shall 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 FIRM to maintain
appropriate records to ensure a proper accounting all collections and remittances. FIRM shall be
responsible for repayment of any and all audit exceptions which are identified by the Auditor
General for the State of Florida, the Clerk of Court for Monroe County, the Board of County
Commissioners for Monroe County, or their agents and representatives.
23. PUBLIC ACCESS
The COUNTY and FIRM 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 made or received by them, unless specifically
exempted by State Statute, Rules and Regulations of the Florida Bar or case law. COUNTY
shall have the right to cancel this agreement upon violation of this provision by FIRM.
Gray/Robinson Lobbying Agreement (Legislative)
09/30/2011 revision
24. MONROE COUNTY CODE ETHICS PROVISION
FIRM warrants that he or she has not employed, retained or otherwise had act on his behalf any
former COUNTY officer or employer in violation of Section 2 of Ordinance No. 10 -1990 or any
COUNTY officer to 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 to employee. COUNTY employees and officers are
required to comply with the standards of conduct delineated in Section 112.313, 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 certain information.
25. PUBLIC ENTITY CRIME 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 work, 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. FIRM warrants that neither FIRM nor any authorized time keeper has been
named to the convicted vendor list.
26. ANTI- KICKBACK
FIRM 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 stated 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 sums to be paid by COUNTY under this Agreement, or otherwise recover, the full
amount of such commission, percentage, brokerage or contingent fee.
27. 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 FIRM in
the same manner as this Agreement.
28. INDEPENDENT CONTRACTOR
At all times and for all purposes hereunder, FIRM is an independent contractor and not an
employee of the Board of County Commissioners of Monroe County. No statement contained in
this Agreement shall be construed so as to find FIRM or any of the authorized item 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,
29. COMPLIANCE WITH LAW
In carrying out FIRM'S obligations under this Agreement, FIRM shall abide by all statutes,
ordinances, rules and regulations pertaining to or regulating the provisions of this Agreement,
including those now in effect and hereafter adopted. Any violation of said statutes, ordinances,
Gray/Robinson Lobbying Agreement (Legislative)
09/30/2011 revision
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 FIRM.
30. LICENSING
FIRM warrants that FIRM 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, County or City.
31. NON - DISCRIMINATION
FIRM 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 discrimination has
occurred, this Agreement automatically terminates without any further action on the part of any
party, effective the date of the court order. FIRM 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 -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 non discrimination in the
sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s.
1201 note), as may be 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 Federal or
State Statutes which may apply to the parties to, or the subject matter of, this Agreement.
32. 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 to or benefit of any service or
program contemplated hereunder, and the COUNTY and FIRM agree that neither the COUNTY
nor FIRM 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
community in general or for the purposes contemplated under this Agreement.
33. ATTESTATIONS
FIRM agrees to execute such documents as the COUNTY may reasonably require, including a
Drug -Free Workplace Statement, and a Public Entity Crime Statement.
Gray /Robinson Lobbying Agreement (Legislative) 10
09/30/2011 revision
34. COUNTY 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.
35. HOLD HARMLESS AND INSURANCE
Prior to execution of this Agreement, FIRM shall fiirnish COUNTY Certificates of Insurance
indicating the minimum professional liability coverage for FIRM and additional time - keepers in
the amount of $250,000 per Occurrence /$500,000 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.
36. NO PERSONAL LIABILITY
No covenant or obligation 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.
37. EXECUTION IN COUNTERPARTS
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
_ .,,,,,....BO UNTY and FIRM may execute this Agreement by signing any such counterpart.
;S WHEREOF, the parties hereto have executed this Agreement on the day and date
above.
BOARD OF COUNTY COMMISSIONERS
OF MONROE CO TY, FLORIDA
L. KOLHAGE, CLERK
By
Deputy Clerk ayo '
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INSO P.A.: iv
Signature Signa re •`
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Print Name Print Name
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Address
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Date: LD I 9
Gray/Robinson Lobbying Agreement (Legislative) 11
09/30/2011 revision
Date: 10 - ?2 V II
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A`ORbIr CERTIFICATE OF LIABILITY INSURANCE
DATE(MMID01)
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 endorsement(s).
PRODUCER
MCGRIFF, SEIBELS & WILLIAMS OF GEORGIA, INC.
5605 Glenridge Drive - Suite 300
Atlanta, GA 30342
CONTACT
NAME:
AICNt 0 xt . 404 497-7500 q/XC No):
E-MAIL
ADDRESS:
INSURER(S)AFFORDING COVERAGE
NAIC #
INSURERA:Axis Surplus Insurance Company
26620
INSURED
GrayRobinson, PA.
INSURERB:
INSURER C :
301 East Pine Street, Suite 1400
Orlando, FL 32802
INSURER D :
INSURER E :
INSURER F:
cWtItAGE5 CERTIFICATE NUMBER:D9W6M3GN RFVISIAN NIIMRFR-
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
ILTR
TYPE OF INSURANCE
AD
IM
U R
VIVID
POLICY NUMBER
MNWD�
MMIDD�
LIMITS
GENERAL LIABILITY
EACH OCCURRENCE
$
PREMISES Ea occurrence
$
COMMERCIAL GENERAL LIABILITY
MED EXP (Any one person)
$
CLAIMS -MADE OCCUR
PERSONAL & ACV INJURY
$
GENERAL AGGREGATE
$
_
-;,, ±;. ��,1
,GE N'LAGGREGATELIMITAPPLIESPER:
PRODUCTS -COMP/OPAGG
$
POLICY 7 PRO
AUTOMOBILE
LIABILITY
SINGLE LIMIT
_ 1
_
$
BODILY INJURY (Per person)
$
ANY AUTO
r,—aBINED
ALL OWNED SCHEDULED
AUTOS AUTOS
� �' w
,,,_,,,,,,,
BODILY INJURY Per accident
( )
$
HIRED AUTOS NON -OWNED
AUTOS
,`
PROPERTY DAMAGE
Per accident
$
UMBRELLA UAB
OCCUR
EACH OCCURRENCE
$
EEXCESS
Ll
AGGREGATE
$
LIAR
CLAIMS -MADE
DED RETENTION $
$
WORKERS COMPENSATION
WC STATU- OTH-
AND EMPLOYERS' LIABILITY Y / N
TORY LIMITS ER
E.L. EACH ACCIDENT
$
ANY PROPRIETOR/PARTNER/EXECUTIVE
-
OFFICER/MEMBER EXCLUDED?
N / A
-
E.L. DISEASE- EA EMPLOYEE
$
(Mandatory In NH)
If yes, describe under
E.L. DISEASE- POLICY LIMIT
$
DESCRIPTION OF OPERATIONS below
A
Lawyers Professional Liab.
EGN 751410/01/2011
03/21/2011
03/21/2012
Please see below
$
r•:.
$
$
DESCRIPTION OF OPERATIONS / LOCATIONS /VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is re4dlred)
Carrier A - $10MM Claim / $10MM Agg x/s of $250,000 Claim / $500,000 Agg Retention
THIS INSURANCE IS ISSUED PURSUANT TO THE FLORIDA SURPLUS
LINES LAW. PERSONS INSURED BY SURPLUS LINES CARRIERS DO NOT
HAVE THE PROTECTION OF THE FLORIDA INSURANCE GUARANTY ACT TO
THE EXTENT OF ANY RIGHT OF RECOVERY FOR THE OBLIGATION OF AN
INSOLVENT UNLICENSED INSURER.
Board of County Commissions of Monroe County, Florida
1100 Simonton Street
Key West, FL 33040
I,.M1141CL-LiAl Iu IY
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE 1404��,
Page 1 of 1 01988-2010 ACORD CORPORATION. All riahts
ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD
ACC>RbF CERTIFICATE OF LIABILITY INSURANCE
DATE (MMIDDIYYYY)
`e.�
10/052011
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 endorsement(s).
PRODUCER
MCGRIFF, SEIBELS 8 WILLIAMS OF GEORGIA, INC.
5605 Glenridge Drive -Suite 300
Atlanta, GA 30342
CONTACT
NAME'
PHONE E , 404 497-7500 AIC Noll:
E-MAIL
ADDRESS:
INSURERS AFFORDING COVERAGE
NAIC S
INSURER A:AXIs Surplus Insurance Company
26620
INSURED
GrayRobinson, PA.
INSURER B
INSURER C :
301 East Pine Street, Suite 1400
Orlando, FL 32802
INSURER D :
INSURER E :
INSURER F :
�VY LRM%Xr_0 %.icmI Ir•FLXIC IVUMr9tK: L)9W6M3GN 17117111iSInIU R111KAQCO•
THIS ISM CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
LTR
TYPE OF INSURANCE
INSR
WVD1
POLICY NUMBER
POLICY EFF
MMIDD/YYYY
POLICY EXP
MWDDIYYYY
LIMITS
GENERAL LIABILITY
EACH OCCURRENCE
$
PREMISES Ea occurrence
$
GENERAL LIABILITY
MED EXP (Any one person)
$
CLAIMS -MADE DOCCUR
[PCMERCIAL
PERSONAL 8 ACV INJURY
$
GENERAL AGGREGATE
$
_
GEN'L AGGREGATE LIMIT APPLIES PER:
PRODUCTS -COMP/OPAGG
$
POLICY PRO- LOC
7
$
AUTOMOBILE
LIABILITY
COMBINED SINGLE LIMIT
Ea accident
$
�-` _
BODILY INJURY (Per person)
$
ANY AUTO
Lj
ALL OWNED SCHEDULED
BODILY INJURY (Per accident)
$
AUTOS AUTOS
NON -OWNED
HIRED AUTOS AUTOS
PROPERTY DAMAGE
(Per accident)
$
$
UMBRELLA LIAB
HCLAIMS-MADE
OCCUR
EACH OCCURRENCE
$
AGGREGATE
$
EXCESS LIAR
DED I I RETENTION $
$
WORKERS COMPENSATION
WC STATU- OTH-
AND EMPLOYERS' LIABILITY Y / N
ORY I T
E.L. EACH ACCIDENT
$
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED? ❑
N / A
E.L. DISEASE- EA EMPLOYEE
$
(Mandatory In NH)
If yes, describe under
E.L. DISEASE - POLICY LIMIT
$
DESCRIPTION OF OPERATIONS be
A
Lawyers Professional Liab.
EGN 751410/01/2011
03/21/2011
03/21/2012
Please see below
$
$
$
$
$
DESCRIPTION OF OPERATIONS / LOCATIONS /VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required)
Carrier A - $10MM Claim / $10MM Agg x/s of $250,000 Claim / $500,000 Agg Retention
THIS INSURANCE IS ISSUED PURSUANT TO THE FLORIDA SURPLUS
LINES LAW. PERSONS INSURED BY SURPLUS LINES CARRIERS DO NOT
HAVE THE PROTECTION OF THE FLORIDA INSURANCE GUARANTY ACT TO
THE EXTENT OF ANY RIGHT OF RECOVERY FOR THE OBLIGATION OF AN
INSOLVENT UNLICENSED INSURER.
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
Board of County Commissions of Monroe County, Florida AUTHORIZED REPRESENTATIVE
1100 Simonton Street
Key
Key West, FL 33040
Page 1 of 1 ID 1988-2010 ACORD CORPORATION. All rights reserved
ACORD 2512010105) The ACORD name and logo are registered marks of ACORD