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Item N7BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: Se ternber 16, 2015 Department: County Administrator Bulk Item.- Yes --X -- No — Staff Contact /Phone #: -Lisa Tennyson Ext. 4444 AGENDA ITEM WORDING: Approval of a Professional Services Agreement with Anfield Consulting to assist Monroe County with drafting and advancing state legislation to fund the County's land acquisition and water quality needs. ITEM BACKGROUND: Given the County's efforts for land acquisition and water quality restoration and protection, we are seeking to continue professional legislative assistance in drafting, coordinating, and advancing state legislation to fund these needs. This agreement includes the following services: Development/refinement/amendment of draft Z-1 legislation (ie, the "Florida Keys Environmental Stewardship Bill") intended to direct state appropriations for the protection of Monroe County's land and water resources; lobbying executive and legislative branches; working with state agencies; coordinating stakeholder input; and related strategic C011SLIfting relating to state appropriations. The agreement is retroactive to June 2015 (since the expiration of the prior agreement in May 2015, warranted by the unanticipated special session and on -going lobbying and coordination activities throughout the sninmer) and will be in place through March 2016 (the 2016 Florida Legislative Session ends March 11, 2015) for a total of 10 months. The monthly rate is the same as prior agreement. PREVIOUS RELEVANT BOCC ACTION: • December 2014 BOCC meeting: Discussion of Florida Keys Environmental Stewardship bill • October 2014 BOCC meeting: Approval of Agreement with Anfield Consulting for 2015 session, 4:1 CONTRACT/AGREEMENT CHANGES: Monthly contract amount remains the same. STAFF RECOMMENDATIONS: Approve TOTAL COST:$42,860 plus expenses INDIRECT COST: BUDGETED: Yes X No DIFFEAZENTIAL OF LOCAL PREFERENCE: A/ I A COST TO COUNTY: $42,860 plus expenses SOURCE OF FUNDS: REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year APPROVED BY: County Attl/—�0MB/PurchasingQf:,L Risk Management _W/� DOCUMENTATION: Included X Not Required_ DISPOSITION: Revised T09 AGENDA ITEM 4 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY I Contract with: Anfield Consultim,, I Contract Purpose/Description: Contract # Effective Date: Expiration Date June 1, 2015 March 30, 2016 Contractior a professional Service Agreement to assist Monroe County in drafting and Contract Manager: Lisa Tennyson 4444 CAD (Name) (Ext.) (Department/Stop 4) for BOCC meeting on 9/16/2015 Agenda Deadline: 9/2/2015 CONTRACT COSTS Total Dollar Value of Contract: $ 42,860+ Current Year Portion: $ $42,860+ Expenses Expenses BUdgeted? YesZ NoE] Account Codes: �11 953 031 Grant: $ County Match: $ N/A ADDITIONAL COSTS Estimated Ongoing Costs: $—/yr For: (Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.) CONTRACT REVIEW Changes Date In Needed Reviewer Division Director YesF-1 NoF-1 Risk Mmzagement ql§ Yes[:] No O.M.B./Purchasing YesF No Clouritv Attorney Yesi6NoEl Conitrients: Xe ems,"j C"V4 Date Out ° o5 Lby— OMB Forni Revised 2/27/01 MCI) #2 AGREEMENT FOR CONSULTING SERVICES Between MONROE COUNTY BOARD OF COUNTY COMMISSIONERS And ANFIELD CONSULTING, INC. This Agreement ("Agreement") made and entered into this 16'h day of September, 2015, by and between Monroe County, a political subdivision of the State of Florida, and whose address is 1100 Simonton Street, Key West, Florida, 33040, its successors and assigns, hereinafter referred to as "COUNTY," through the Monroe County Board of County Commissioners (*'BOCC"), and Anfield Consulting, Inc., a corporation of the State of Florida, and whose address is 201 West Park Avenue, Tallahassee, Fl. 32301, its successors and assigns, hereinafter referred to as "CONSULTANT", and WHEREAS, COUNTY desires to employ the professional services of CONSULTANT for state legislative lobbying services and bill drafting services to advance the County's specific legislative islative priorities of land acquisition and wastewater and water quality funding, and may include other services as assigned by the County Administrator and agreed to by the CONSULTANT; and WHEREAS,., CONSULTANT has agreed to provide the professional services as a CONSULTANT far representation as described in this agreement, and NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements stated herein, and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, COUNTY and CONSULTANT agree as follows: TERM OF AGREEMENT. Upon approval by the County Commission, this agreement shall he effective retroactive to June 1. 2015 and shall expire at midnight on March 30, 2016 unless renewed by mutual agreement of the parties. The County shall have the option to renew the agreement at the original terins, subject to performance by the CONSULTANT and the availability of County funds. 2. COMPENSATION. The County, in consideration of the CONSULTANT satisfactorily performing services, shall pay the CONSULTANT a monthly payment of four thousand two hundred eighty six dollars ($4,286) for a total payment of forty two thousand eight hundred sixty dollars ($42,860) plus any additional costs associated with travel as requested and approved by the County, on invoices submitted by CONSULTANT to the County Administrator's office on a monthly basis. Invoices must provide sufficient detail and documentation to support work accomplished and any additional costs for which consultant is seeking reimbursement, including but not limited to the exact dates of travel, mileage, costs, receipts and description of work completed under this Contract. Total Contract shall not exceed $42,860 (forty two thousand eight hundred sixty dollars) 1 1 !"', ", �-,, (' plus the cost of approved travel expenses. Travel expenses may be paid if approved by the County Administrator as long as adequate documentation is provided by CONSULTANT. Travel expenses are regulated by the Monroe County Code Sec. 2-106 to 2-117. 3. COMPENSATION UNDER PRIOR AGREEMENT. The Parties agree that billing under this Agreement shall begin with services performed by the CONSULTANT in beginning June 1, 2015, and shall include compensation for services performed in June, July and August 2015, under prior agreement dated October 17, 2014 (hereto attached, along with Consultant invoices for June, July, August 2015.) Sums paid for the work performed Linder these three invoices shall be included in the total contract price of $42,860. 4. SCOPE OF SERVICES. The scope of services will include providing the professional services as CONSULTANT, representing the County's interests and advocating the County's position involving wastewater funding, land acquisition, legislation issues, and may include other services as assigned by the County Administrator and agreed to by CONSULTANT. Specifically, 4. 1: Consultant shall work with county staff to review and identify relevant state statues and rules relating to the protection of land and water resources in Monroe County that may be appropriate for consideration or amendment to accomplish the goals of Monroe County, In collaboration with designated County staff, consultant will identify those specific sections that the County would like to amend, or determine whether new sections of" la\,N,, should be drafted. Consultant will draft specific amendments to these provisions, and draft any new language needed in consultation with County staff, and produce legislation for submittal by Monroe County to the members of the Monroe County delegation for introduction during the 2016 State legislative session to promote the allocation of state and regional government funds for the implementation of projects that further the County's land acquisition and water quality needs. 4.2, Consultant shall assist County staff to advance the legislation through the 2016 State legislative session including providing or ensuring the necessary interagency coordination, stakeholder input, and strategic consultation related to State appropriations, and specialized support to Monroe County's Legislative Team. Consultant will: Throughout the drafting of the proposed legislation, contact the Governor's Office, legislators, relevant state and regional agencies, as well as other stakeholder groups in order to solicit input and advance the legislation; As needed and at the direction of the County Administrator and Director of Legislative Affairs, monitor and provide strategic advice as to state legislation or programs relating to the funding of water resources protection or land acquisition; Work with assigned members of the County's lobbying team to brief sponsors, legislative committee staff and legislative committee members as necessary to explain the purpose of the proposed revisions, in advance of or during any hearings or presentations made by the bill sponsors or the County before any legislative committee or the Governor's Office; and Will be responsible for coordination of its work with County officials. Consultant shall copy the designated County staff on all written 2- 1 communications with agencies and other organizations. All written input received relating to the proposed legislation shall be for -warded to the County. Responses to any comments or input received shall be coordinated with County staff. 5. REPRESENTATIONS AND WARRANTIES, By executing this Agreement, CONSULTANT makes the following express representations and warranties to the COUNTY: 5,1: The CONSULTANT is professionally qualified to act as the CONSULTANT for the Scope of services and is licensed to provide the designated services by all public entities having jurisdiction over the CONSULTANT and the Scope of services; 5.2: The CONSULTANT shall maintain all necessary licenses, permits or other authorizations necessary to act as CONSULTANT for the Scope of services until the CONSULTANT'S duties hereunder have been fully satisfied; 53: The CONSULTANT has become familiar with the Scope of services. 5,4: The CONSULTANT shall prepare all documents, if required, by this Agreement in such a manner that they shall be accurate, coordinated and adequate for use in the subsequent implementation phases and shall be in conformity and comply with all applicable law, codes and regulations. All Documents shall be reviewed by the County Attorney, or his designee, prior to being approved by the BOCC, The CONSULTANT warrants that the documents prepared as a part of this Agreement will be adequate and sufficient to accomplish the purposes of the Scope of services, therefore, eliminating any additional cost due to missing or incorrect information; 5.5: 'file CONSULTANT assumes full responsibility to the extent allowed by law with regards to his performance and those directly under his employ. 5.6-'The CONSULTANT'S services shall be performed as expeditiously as is consistent with professional skill and care and the orderly progress of the Scope of services, 5,7: CONSULTANT is an independent contractor under this Agreement. Services provided by CONSULTANT, or subconsultant(s), shall be subject to the supervision of Anfield Consulting, Inc. In providing the services, CONSULTANT and its agents shall not be acting and shall not be deemed as acting as officers, employees, or agents of the COLXFY, nor shall they accrue any of the rights or benefits of a COUNTY employee. 5X The CONSULTANT shall, without additional compensation, promptly correct any errors, omissions, deficiencies, or conflicts in the work product of the CONSULTANT or its sub -consultants, or both. 6, COUNTY'S RESPONSIBILITIES. COUNTY shall provide information in its possession upon request from CONSULTANT as needed for the Project including objectives, schedule, constraints and criteria. COUNTY shall designate a representative to act on the COUNTY'S behalf with respect to the Project. The COUNTY or its representative shall render decisions in a timely manner pertaining to documents submitted by the CONSULTANT in order to avoid unreasonable delay in the orderly and sequential progress of the CONSULTANT'S services. Prompt written notice shall be given by COUNTY through its representative to CONSULTANTS if COUNTY becomes aware of any fault or defect in the Project or non-conformance with the Agreement Documents. Any information that may be of assistance to the CONSULTANT to which the COUNTY has immediate access will be provided as requested. 3 1 P 7, WRITTEN NOTICE. Any notices under this Agreement sent by the parties shall be deemed to have been duly served if delivered in person to the individuals and addresses listed below, or if delivered or sent by first class mail, certified, return receipt, or by courier with proof of delivery. 7, 1, All written correspondence to the COUNTY shall be dated and signed by an authorized representative of the CONSULTANT. The correspondence shall be directed to: Roman Gastesi, County Administrator, and Lisa Tennyson, Director of Legislative Affairs 1100 Simonton Street K.ey West., Florida 33040 and Robert B. Shillinger, County Attorney I I 1] 12"' Street, Suite 408 Key West, Fl. 33040 7,2: Notice to the CONSULTANT shall be delivered to: Frank Bernardino 201 West Park Avenue Tallahassee, Fl. 32301 8. INSIJRANCE. The CONSULTANT shall obtain insurance within thirty (30) days of the effective date of this Agreement as specified and shall provide proof of insurance showing that County is an additional insured on all policies except professional policies and shall maintain the required insurance at all times that this Agreement is in effect. Professional Liability Insurance shall also be maintained as specified. In the event the completion of the project (to include the work of others) is delayed or suspended as a result of the CONSULTANT'S failure to purchase or maintain the required insurance, the CONSLJLTAN'f shall indemnify the COUNTY from any and all increased expenses resulting from such delay. 8,1 - The coverage provided herein shall be provided by an insurer with an A.M. Best Rating of VI or better, that is licensed to business in the State of Florida and that has an agent for service of process within the State of Florida. The coverage shall contain an endorsen-ient providing sixty (60) days notice to the COUNTY prior to any cancellation of said coverage. Said coverage shall be written by an insurer acceptable to the COUNTY and shall be in a form acceptable to the COUNTY. 82: CON SLJL'-FAN'I' shall obtain and maintain the following policies: A. Workers' Compensation insurance as required by the State of Florida, 1.3. Employers Liability Insurance with limits of One Hundred Thousand Dollars ($100,000) per Accident, Five Hundred Thousand Dollars ($500,000) Disease, policy limits, One Hundred Thousand Dollars ($100,000) Disease each employee. 4 C. Comprehensive business automobile and vehicle liability insurance covering claims for injuries to members of the public and/or damages to property of others arising from use of motor vehicles, including onsite and offsite operations, and owned, hired or non -owned vehicles, with One Hundred Thousand Dollars ($100,000) combined single limit. If split limits are provided, the minimum limits acceptable shall be: Fifty Thousand Dollars ($50,000) per person, One Hundred Thousand Dollars ($100,000) per occurrence, and Twenty Five Thousand Dollars ($25,000) property damage. 1). Commercial general liability covering claims for injuries to members of the public or damage to property of others arising out of any covered act or omission of the CONSULTANT or any of its employees, agents or subconsultants, including Premises and/or Operations, Products and Completed operations, personal injury liability, and expanded definition of property damage. The minimum limits acceptable shall be: Three Hundred Thousand Dollars ($300,000) Combined Single Limit (CSL). If split limits are provided, the minimum limits acceptable shall be: One I lundred Thousand Dollars ($100,000) per person, Three Hundred Thousand Dollars ($300,000) per occurrence, and Fifty Thousand Dollars ($50,000) property damage. An occurrence Form policy is preferred. 11" coverage is provided on a Claims Made policy, its provisions should include coverage for claims filed on or after the effective date of this Agreement. In addition, the period for which claims may be reported should extend for a minimum of twelve (12) months following the acceptance of l_ work by the County. F. CONSUL,' ANT shall require its subconsultants to be adequately insured. COUNTY will not pay for increased limits of insurance for subconsultants. F. CONSULTANT shall provide to the COUNTY certificates of insurance or a copy of all insurance policies including those naming the COUNTY as an additional insured. The COUNTY reserves the right to require a certified copy of such policies upon request. GCOUNTY shall be named as additional insured on all insurance policies, except the professional insurance policy. 9. HOLD HARMLESS. The CONSULTANTS covenants and agrees to indemnify and hold harmless the Monroe County Board of County Commissioners from any and all claims for bodily injury (including death), personal injury, and property damage (including property owned by Monroe County) and any other losses, damages, and expenses (including attorney's fees) which arise out of, in connection with, or by reason of' services provided by CONSULTANTS or any of its Subcontractor(s) in any tier, occasioned by the negligence, errors, or other wrongful act of omission of the CONSULTANTS or its Subcontractors in any tier, their employees, or agents. In the event the completion of the project (to include the work of others) is delayed or suspended as a result of the CONSULTANTS's failure to purchase or maintain the required insurance, the CONSULTANTS shall indemnify the County from any and all increased expenses resulting from such delay. The first ten dollars ($10.00) of remuneration paid to the CONSULTANTS is for the indemnification provided for above. 5 The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. 10, SECTION HEADINGS. Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. 11. OWNERSHIP OF THE PROJECT DOCUMENTS. The documents, if any, prepared by the CONSULTANT for this Project belong to the COUNTY, and may not be reproduced and copied without acknowledgement and permission of the COUNTY. 12. StTC'CESSORS AND ASSIGNS. The CONSULTANT shall not assign its right hereunder, except its right to payment, nor shall it delegate any of its duties hereunder without the written consent of the COUNTY. Subject to the provisions of the immediately preceding sentence, each party hereto binds itself, its successors, assigns and legal representatives to the other and to the successors, assigns and legal representatives of such other party. 13. NO THIRD PARTY BENEFICIARIES. Nothing contained herein shall create any relationship, contractual or otherwise, with or any rights in favor of, any third party. 14. CONTRACT DOCUMENTS. This contract consists of the Agreement and its attachment. In the event of any conflict between any of the contract documents, the one imposing the greater burden on the CONSULTANT will control. Z-1 15. PUBLIC ENTITIES CRIMES. A 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 contracts to provide any goods or services to a public entity, may not submit a bid on a contract 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, subcontractor, consultant or subconsultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 of the Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. By signing this Agreement, CONSULTANT represents that the execution of this Agreement will not violate the Public Entity Crimes Act (Section 287.133., Florida Statutes). Violation of this section shall result in termination of this Agreement and recovery of all monies paid hereto, and may result in debarment from COUNTY's competitive procurement activities. 6 1 la addition to the foregoing, CONSULTANT further represents that there has been no determination, based on an audit, that it or any subconsultant has committed an act defined by Section 287.133, Florida Statutes, as a "public entity crime" and that it has not been formally charged with committing an act defined as a "public entity crime" regardless of the amount of money involved or whether CONSULTANT has been placed on the convicted vendor list. CONSULTANT will promptly notify the COUNTY if it or any subconsultant is formally charged with an act defined as a "public entity crime" or has been placed on the convicted vendor list. 16. MAINTENANCE OF RECORDS. CONSULTANT shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Each party to this Agreement or its authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for four years following the termination of this Agreement. 11' an auditor employed by the COUNTY or County Clerk determines that monies paid to CONSULTANT pursuant to this Agreement were spent for purposes not authorized by this Agreement, the CONSULTANT shall repay the monies together with interest calculated pursuant to Sec. 55.03, of the Florida Statutes, running from the date the inonies were paid by the COUNTY. 17. GOVERNING LAW, VENUE, INTERPRETATION, MEDIATION, WAIVER OF JURY TRIAL. 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. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, COUNTY and CONSULTANT agree that venue shall lie in Monroe County, Florida, in the appropriate court or before the appropriate administrative body. The Parties waive their rights to a trial by jury. The COUNTY and CONSULTANT agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of the parties, the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. 18. SEVERABILITY. If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) 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 cnforceinent 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 CONSULTANT 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. 7 19. ATTORNEY'S FEES AND COSTS. The COUNTY and CONSULTANT agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, and court costs, as an award against the non -prevailing party, and shall include attorney's fees, and courts costs, in appellate proceedings. Mediation proceedings initiated and conducted pursuant to this Agreement, prior to or following initiation of any cause of action or administrative proceeding, shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. 20. BINDING EFFECT. The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the COUNTY and CONSULTANT and their respective legal representatives, successors, and assigns. 21. AUTHORITY. Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. 22. CLAIMS FOR FEDERAL OR STATE AID. CONSULTANT and COUNTY agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. 23. ADJUDICATION OF DISPUTES OR DISAGREEMENTS. COUNTY and CONStAJANT agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. 11"no resolution can be agreed upon within 15 days after the first meet and confer session, the issue or issues shall be discussed at a public meeting of the Board of County Commissioners. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. 24.1 COUNTY and CONSULTANT specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. 24. COOPERATION. In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, COUNTY and CONSULTANT agree to participate in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. 25. NONDISCRIMINATION. CONSULTANT and COUNTY agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. CONSULTANT and COUNTY agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin-, 2) Title IX of the Education Amendment of 1972, as amended (20 tJSC ss. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 1) 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 agc; 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 Flealth Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patent records; 8) 'Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as maybe amended from time to time, relating to nondiscrimination on the basis of disability; 10) Monroe County Code Chapter 13, Article VI, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, f1milial 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. 26, COVENANT OF NO INTEREST. CONSULTANT and COUNTY covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest. of each is to perform and receive benefits as recited in this Agreement. 27. CODE OF ETHICS. COUNTY agrees that officers and employees of the COUNTY recognize and will be required to comply with the standards of conduct for public officers and employees as 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; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. 28. NO SOLICITATION/PAYMENT. The CONSULTANT and COUNTY warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the CONSULTANT agrees that the COUNTY shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or 9 1 " otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 29. PUBLIC ACCESS. The CONSULTANT and COUNTY shall allow and permit reasonable access to, and inspection of, all documents, papers, letters or other materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the CONSULTANT and COUNTY in connection with this Agreernent, and the COUNTY shall have the right to unilaterally cancel this Agreement upon violation of this provision by CONSULTANT. In addition, the CONStJLTANT understands its obligation to comply with Florida's public records laws including but not limited F.S. 119.0701, which requires the CONSULTANT, when acting on behalf of the COUNTY to: (a) Keep and maintain public records that ordinarily and necessarily would be required by the public agency in order to perform the service. (b) Provide the public with access to public records on the same terms and conditions that the public agency would provide the records and at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. (c) l"nsure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. (d) Meet all requirements for retaining public records and transfer, at no cost, to the public agency all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the public agency in a format that is compatible with the information technology systems of the public agency. 30, NON -WAIVER OF IMMUNITY. Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the CONSULTANT and the COUNTY in this Agreement and the acquisition of any commercial liability insurance coverage, self- insurance coverage, or local government liability insurance pool coverage shall not be Z71 dccrned a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the COUNTY be required to contain any provision for waiver. 31. PRIVILEGES AND IMMUNITIES. All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the COUNTY, when performing their respective functions under this Agreement within the territorial limits of the COUNTY shalt apply to the same degree and extent to the performance of such functions and duties of' such officers, agents, volunteers, or employees outside the territorial limits of the COUNTY. 32. LEGAL OBLIGATIONS AND RESPONSIBILITIES. Non -Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance 10 thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, 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 statute, and case law, 33. 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 CONSULTANT and the COUNTY agree that neither the CON SULTANT nor the COUNTY or any agent, officer, or employee of either 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 Linder this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. 34. EXECUTION OF COUNTY FORMS. CONSULTANT agrees to execute such urn Las as COUNTY may reasonably require, including a Public Entity Crime Statement, an Ethics Statement, and a Drug -Free Workplace Statement. 35. NO PERSONAL LIABILITY. No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee 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, 36. ASSIGNMENT/SUBCONTRACT. CONSULTANT 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. 37, INDEPENDENT CONTRACTOR. At all times and for all purposes under this agreement the CONSULTANTS are independent contractors and not employees of the Board of County Commissioners for Monroe County. No statement contained in this agreement shall be construed so as to find the CONSULTANTS or any of their employees, contractors, servants, or agents to be employees of the Board of County Commissioners of Monroe County. 38. 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 any of the parties hereto may execute this Agreement by signing any such counterpart. IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its duly authorized representative. (SEAL) Attest, AMY f IEAVILIN, Clerk By: Deputy Clerk Authorized Signature Print Narnc: BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Danny L. Kolhage, Mayor Date: Anfield Consulting, Inc. By: Authorized Signature Print Name: Title: Title: Dale: Date: END OF AGREEMENT 12 1 I Tallahassee Phone (866) 960-5939 Fax (866) 900-9736 Attention: Director, Growth Management Client: Monroe County 1100 Simonton Street Key West, FL 33040 June 1, 2015 Invoice Number MCF-106 Number ( Description I Fees Consultation Agreement 6.3 Consulting and Lobbying Services (June 2015) $ 4,286.00 TOTAL: $ 4,286.00 Please make check payable to: Anfield Consulting Group Federal EIN: 27-2784703 Thank you for your business. Lw Tallahassee Phone (866) 960-5939 Fax (866) 900-9736 Attention: Director, Growth Management Client: Monroe County 1100 Simonton Street Key West, FL 33040 July 1, 2015 Invoice Number MCF-107 Number ( Description ( Fees Consultation Agreement 6.3 Consulting and Lobbying Services (July 2015) $ 4,286.00 TOTAL: $ 4,286.00 Please make check payable to: Anfield Consulting Group Federal EIN: 27-2784703 Thank you for your business. Tallahassee Phone (866) 960-5939 Fax (866) 900-9736 Attention: Director, Growth Management Client: Monroe County 1100 Simonton Street Key West, FL 33040 August 1, 2015 Invoice Number MCF-108 Number Description I Fees Consultation Agreement 6.3 Consulting and Lobbying Services (August 2015) $ 4,286.00 TOTAL: $ 4,286.00 Please make check payable to: Anfield Consulting Group Federal EIN: 27-2784703 Thank you for your business.