09/16/2015 AgreementAMY REAVILIN, CPA
CLERK OF CIRCUIT COURT &COMPTROLLER
xaxaoe caix►r, FLORIDA
DATE: October 27, 2015
TO: Roman Gastesi
County Administrator
ATTN.• Lisa Tennyson
Legislative Affairs & Grants Acquisition Director
FROM.• Cheryl Robertson Executive Aide to the Clerk of Court & Comptroller jw% 6fntSoy
At the September 16, 2015 Board of County Commissioner's meeting the Board granted approval and
authorized execution of Item N7 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.
Enclosed is a duplicate original of the above - mentioned for your handling. Should you have any questions,
please feel free to contact my office.
cc: County Attorney
Finance
File
500 Whitehead Street Suite 101, PO Box 1980, Key West FL 33040 Phone: 305 -295 -3130 Fax: 305 - 295 -3663
3117 Overseas Highway, Marathon, FL 33050 Phone: 305- 289 -6027 Fax. 305 -289 -6025
88820 Overseas Highway, Plantation Key, FL 33070 Phone: 852 -7145 Fax: 305- 852 -7146
AGREEMENT FOR
CONSULTING SERVICES
Between
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
And
ANFIELD CONSULTING, INC.
This Agreement ( "Agreement ") made and entered into this 16 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 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 for 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:
1. TERM OF AGREEMENT. Upon approval by the County Commission, this agreement
shall be 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 terms, 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)
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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 under 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 law 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
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communications with agencies and other organizations. All written input received
relating to the proposed legislation shall be forwarded 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;
5.3: 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: The 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
COUNTY, nor shall they accrue any of the rights or benefits of a COUNTY employee.
5.8: 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.
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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
Key West, Florida 33040
and
Robert B. Shillinger, County Attorney
1111 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. INSURANCE 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
CONSULTANT 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
endorsement 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.
8.2: CONSULTANT shall obtain and maintain the following policies:
A. Workers' Compensation insurance as required by the State of Florida.
B. 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.
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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.
D. 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
Hundred 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. 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 Agreement. 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.
E. CONSULTANT 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.
G. COUNTY 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.
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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. SUCCESSORS 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.
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.
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In 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. If
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
monies 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
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 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.
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
CONSULTANT agree that all disputes and disagreements shall be attempted to be
resolved by meet and confer sessions between representatives of each of the parties. If 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,
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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 USC
ss. 1681 -1683, and 1685- 1686), which prohibits discrimination on the basis of sex; 3)
Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which
prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of
1975, as amended (42 USC ss. 6101 -6107) which prohibits discrimination on the basis of
age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92 -255), as amended,
relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol
Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-
616), as amended, relating to nondiscrimination on the basis of alcohol abuse or
alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss.
690dd -3 and 290ee -3), as amended, relating to confidentiality of alcohol and drug abuse
patent records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as
amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The
Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as maybe amended from
time to time, relating to nondiscrimination on the basis of disability; 10) Monroe County
Code 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.
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
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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 Agreement; and the COUNTY shall have the right to unilaterally cancel this
Agreement upon violation of this provision by CONSULTANT. In addition, the
CONSULTANT understands its obligation to comply with Florida's public records laws
including but not limited F. S. 119.070 1, 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) Ensure 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
deemed 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
shall 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
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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
CONSULTANT 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 under 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
documents 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.
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IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its duly
authorized representative.
BY:
Authorized Signature
Print Name: Albert Balido
Title: Managing Partner
Date: 9/18/2015
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
Dat
Anfield Consulting, Inc,
By: k A _..
Authorized tignature
Print Name: Noreen Reboso
Title : Manager
Date: 9/18/2015
END OF AGREEMENT
MOWOF COUNV An y
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IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its duly
authorized representative.
(SEAL) BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By: \
Danny L. olh ayor
Date: Z 7 1S
Anfield Consulting, Inc.
END OF AGREEMENT
MONROE COUNTY ATTORNU
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NC3ER. JR.
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Date
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Authorized Signature
Print Name:
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Authorized Signature
Print Name:
Title: Title:
Date: Date:
121 Page
Attention: Director, Growth Management
Client: Monroe County
1100 Simonton Street
Key West, FL 33040
June 1, 2015
Invoice Number
MCF -106
Number I 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.
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 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.
Tallahassee Phone (866) 960 -5939 Fax (866) 900 -9736