Item O5BOARD OF COUNTY COMNIISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: January 19, 2012 - KW
Bulk Item: Yes X No
Division/Department: County Administrator
Staff Contact: Connie Cyr /292-4441
AGENDA ITEM WORDING: Approval of Agreement Between Monroe County and Cardenas
Partners, LLC for the term of one (1) year for continued state/federal lobbying services beginning
February 6, 2012.
ITEM BACKGROUND: The Fifth Amendment of the County's agreement with Tew Cardenas for
state/federal lobbying services expires February 7, 2012 under the provisions set forth in the original
Agreement and subsequent Amendments approved by the Board. This Agreement will allow for
continuation of the existing lobbying services for one (1) year beginning 2/6/2012 at the rate of $6,000
per month, not to exceed $72,000 for the year.
PREVIOUS RELEVANT BOCC ACTION:
2/27/09 BOCC approved Agreement with Tew Cardenas, LLP
2/27/09 BOCC approved ILA with FKAA for lobbyist cost sharing
3/ 18/09 BOCC approved amendment with Tew Cardenas, LLP
4/15/09 BOCC approved ILA with Islamorada for lobbyist cost sharing
5/20/09 BOCC approved termination of ILA with Islamorada
6/01/09 written notification of termination without cause to Islamorada, Village of Islands by County
6/ 17/09 BOCC approved Second Amendment deleting Islamorada and Ivey west
8/ 19/09 BOCC approved Consent Assignment to Cardenas Partners, LLC (previously Tew Cardenas, LLC)
2/17/10 BOCC approved Third Amendment to agreement with Cardenas Partners, LLC
1/19/11 BOCC approved Forth Amendment to agreement with Cardenas Partners, LLC
2/ 16/ 11 B CCC approved Fifth Amendment to agreement with Cardenas Partners, LLC (revised timekeepers)
CONTRACT/AGREEMENT CHANGES:
Increases firm fee from $5,000 per month/not to exceed $60,000 for the one year to $6,000 per month/
not to exceed $72,000 for the year — continues existing lobbying services for one (1) year
STAFF RECOMMENDATIONS: Approval
TOTAL COST. up to $72,000 per year INDIRECT COST: BUDGETED: Yes x No
DIFFERENTIAL OF LOCAL PREFERENCE:
COST TO COUNTY: up to $72,000 per year �. SOURCE OF FUNDS:
REVENUE PRODUCING: Yes No
APPROVER BY: County Atty
jk
DOCUMENTATION: Included
DISPOSITION:
Revised 7/09
X AMOUIJT PER MONTH Year
M/
DMB/Purc asing Risk Management
X Not Required
AGENDA ITEM #
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Cardenas Partners, LLC
Contract #
Effective Date: February 6, 2012
Expiration Date: February 7, 2013
Contract Purpose/Description:
Approval of the Agreement Between Monroe County and Cardenas Partners, LLC for
the term of one (1)__year.
Contract Manager: Connie Cyr
4443 County Administrator/ Stop #1
(Name)
(Ext.) (Department/Stop #)
for BOCC meeting on 01/19/12
Agenda Deadline: 01/03/11
CONTRACT COSTS
Total Dollar Value of Contract: $ 72,000.00
Budgeted? YesH No El Account Codes:
Grant: $
County Match: $
Current Year Portion: $
001 W �' 7 - 530- 3 ` 0 -
ADDITIONAL COSTS
Estimated ongoing Costs: $ lyr For:
(Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.)
Division Director
CONTRACT REVIEW
Changes
Da Needed (
Yes❑ No[9'C
Risk Manage nt I' T�t�— Yes❑ Nod
O.M.B./Purc asing �- ''�v
County Attorney ��
Comments:
OMB Form Revised 2/27/01 MCP #2
Date out
/lall�.l
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Yes[]No[' �-�(-�
Yes❑ No[]," 3 Z1 7 /
AGREEMENT BETWEEN MGNROE COUNTY AND
CARDENAS PARTNERS, LLC
THIS AGREEMENT, made and entered into this day of , 2012 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 CARDENAS PARTNERS, LLC ("FIRM,"); and
WHEREAS, the FIRM has provided assistance under a previous contract and is
currently assisting us to a great degree with our FE SFWS issues under the contract; now,
therefore
W CONSIDERATION of the mutual covenants herein the parties agree as follows:
1. THE CLIENT
The Client is the COUNTY, and to the extent ethically permissible, it's elected and appointed
officers and its employees, in alliance for the purposes of this agreement, unless County advises
FIRM otherwise. The services provided under this agreement shall be provided for the collective
benefit of the COUNTY
2. THE 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. FIRM may not delegate or
outsource this work without full written disclosure to, and prior written approval from, the
COUNTY.
3. TERMS 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 be effective February 6, 2012. The representation shall continue for one year
unless earlier terminated by either the COUNTY or the FIRM in accordance with ethical
requirements and/or the terms of this Agreement.
4. SCOPE OF THE WORK
The scope of services will include lobbying services related to the Monroe County legislative
program, including monitoring, identifying, and prioritizing opportunities and challenges for
Monroe County with respect to issues under consideration by the State and Federal legislature.
The FIRM (LOBBYSIST) shall work closely with the County Administrator or his designee, or
in the absence of either, the County Attorney, and will provide, at a m =* um, the following
services:
(A) File Community Budget Issue Requests, as determined by the Board of County
Commissioners, with appropriate House and Senate Legislative Delegation members;
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(B) Regularly provide County staff and the Board of County Commissioners with any
new information, and actively seek opportunities to enhanced the County's State and Federal
legislative program and provide options as to legislative strategy when necessary;
(C) Monitor and analyze State and Federal legislation including the budget process
and report to the County, both orally and in writing, any legislative events that may directly or
indirectly impact the County;
(D) During the legislative session, provide the County Administrator with weekly
reports of the past week's activities affecting the County's substantive and appropriations issues
and any other issues that could positively or negatively impact the County;
(E) Identify and act appropriately on State and Federal legislation and legislative
proposals that may impact Monroe County;
(F) Identify and secure funding opportunities that may arise from proposed
legislation;
(G) Draft legislation, appropriations requests, and amendments as necessary;
(H) Lobby for Monroe County's position on legislation, appropriations and matters of
interest, including officials and agency representatives, and legislators and staff, and testify on
behalf of Monroe County at hearings before legislative committees;
(I) Maintain close working relationships with Monroe County staff;
(J) Provide regular briefing reports to the Board of County Commissioners on key
issues and legislative activity as requested by the Board;
(K) Monitor various State and Federal agency actions for potential impact on Monroe
County, and in the event action is needed, advise the County;
(L) At the conclusion of the legislative session, prepare a final report, including the
final status of the County's legislative priorities and a summary of the impact of major legislative
changes to Monroe County.
(M) FIRM has been contracted primarily for the purpose of providing the above
lobbying services on a Federal level, but will confer with State Lobbyists, who are primarily
responsible for handling the following tasks enumerated above at the State level. FIRM will
maintain communications with the Tallahassee legislative team, and assure coordination of tasks
involving multi jurisdictions functions, both Federal and State.
4.1 Professional ability to perform work, apt tment 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 attorney 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 time keepers are authorized by law and the Rules and Regulations of The Florida Bar
to engage in the performance of the activities encompassed by this Agreement. If FIRM is a
member of a law firm, either as partner, shareholder, associate, or other relationship, FIRM
warrants that he or she is authorized to enter into Agreement.
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
Attorney has any ethical impediment, real or potential, including but not limited to conflicts of
interest, to representing COUNTY. To the extent that any ethical impediment, real or potential, is
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discovered or ever arises, FIRM shall immediately inform COUNTY, in writing of the
impediment (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. PAYMENTS TO FIRM
The FIRM shall submit to COUNTY invoices with supporting documentation acceptable to the
Clerk on a schedule as set forth in the contract. 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:
A. Alberto Cardenas
B. Carl Chidlow
C. John David Hooker, II
D. Emily Zammit
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 unreasonably withheld.
Monthly invoices shall identify the approved persons who provided services and a brief
summary of the services provided.
6.1 FIRM FEE (Monthly)
FIRM will be paid for his or her services based on the provision of services on behalf of
COUNTY on a monthly basis due to the need for flexibility and adaptability in meeting with
State and/or Federal officials and the diversity of situations in which lobbying services are
provided. The agreed fee is $6,000.00 per month, not to exceed $72,000.00 for one year. The
following minimum billing documentation and time -keeper requirements are a condition
precedent to payment by the COUNTY. Payment will be made in accordance with the Florida
Local Government Prompt Payment Act after County receives a proper invoice for the services
provided in the preceding month.
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6.2 Discounts to other Clients
The rates FIRM will charge COUNTY represent the lowest rates charged by the same time-
keepers to other clients. In the event that lower rates or discounts are provide them on the same
basis to COUNTY.
6.3 Time -keepers
As used in this Agreement, the term "time Keeper" shall include the FIRM's attorneys and
individuals identified in paragraph 6. of this Agreement who will be providing services under
this Agreement and who will bill the COUNTY for their services in accordance with Agreement.
6.4 Time-kee er chan es
Time -keepers approved by the COUNTY are listed in paragraph 6.2 of this Agreement, and may
be amended from time to time, upon mutual agreement of the COUNTY and the FIRM, to
evidence the then -current circumstances. Additional time -keepers may not be added to the matter
without advance written approval from COUNTY. In the event that additional time -keepers
providing services, which are to be billed to COUNTY, are to be added to the staff, then their
hourly rates shall be provided to COUNTY in advance, and upon written approval by the
COUNTY, their rates and billing practices shall comply with the requirements of this
Agreement. COUNTY expects to receive discounts or other concessions so that any increases or
chages in time -keepers will not result in unnecessary or unreasonable charges to COUNTY, e.g.,
for training, internal conference, and management.
7. BILLING OF FEES AND EXPENSES
FIRM shall comply with the following requirements as to billing fees and expenses as a
condition precedent to COUNTY' S obligation to pay each bill:
7.1 Monthly bills
Unless otherwise agreed in a writing signed by the COUNTY, bills shall be 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.
7.2 Bill format
FIRM shall provide detailed, itemized bills which shall, at a minimum.
7.2.1 Description
Provide a general description of the matter, for which services are being performed. For
example, simply the word "research" is not acceptable, more detail about the type of research
and what was determined by the research is necessary.
7.2.2 Personnel
Clearly identify each timekeeper performing services in conjunction with each entry.
7.3 Ex enses
COUNTY will pay the actual, reasonable cost of the following expense items if incurred in
accordance with the guidelines below and promptly itemized in FIRM' S monthly bill:
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Reimbursable expenses include the following:
(a) Expenses of transportation and lodging submitted by FIRM, in writing with
documentation such as boarding passes and receipts, in connection with travel
authorize by the COUNTY, but only to the extent authorized by State statute and
County Ordinance.
(b) Long distance charges and overnight delivery related to the project shall be
reimbursed at cost.
7.3.1 Travel Expenses
Travel expenses within the FIRM' S local area, defined as a radius of 50 miles from the
timekeeper's office, will not be reimbursed.
Travel expenses outside the local area may only be reimbursed if the travel was approved in
advance by COUNTY. Reimbursable travel expenses, if approved in advance, are the cost of
transportation by the least expensive practicable means (e.g., coach class air travel), the cost of
reasonable hotel accommodations, and the cost of transportation while out of town (e.g., by cab
or rental car, whichever seems reasonable, at the lowest available rate). Travel expenses will be
reimbursed in accordance with the applicable provisions of Florida Statue 112.321 for "approved
travelers" and of the Monroe County Code Article XXVI and shall be summarized on the
Monroe County Travel Form by FIRM with all applicable receipts attached thereto.
7.3.2 Long distance charges and overnight delivery fees
Long distance charges and overnight delivery fees shall be reimbursed at cost.
7.3.3 Advance approval of expenses
In addition to the items noted above, FIRM shall obtain advance approval from COUNTY before
incurring any expense m excess of $1,000.00 if FIRM expects to be reimbursed for that expense.
COUNTY may refuse to pay any expense for which advance approval was not obtained by
FIRM.
7.3.4 Copies of receipt for expenses
FIRM shall include copies of receipts for all expenses with the itemized monthly bill. COUNTY
may refuse to any expense item for which documentation is not provided by FIRM.
7.3.5 Expenses ,and fees, 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.
7.4 Bill and expense documentation
FIRM must maintain supporting documentation for invoices until at least one year after the
termination of the representation. This documentation shall be made available by FIRM to
COUNTY (or COUNTY' S designated representative, including an accountant, the County Clerk
or County Clerk's representative, or legal bill auditor) upon COUNTY' S written request. FIRM
agrees to cooperate with any examination of this documentation and FIRM' S fees and expenses,
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e.g., by responding promptly and completely to any questions COUNTY or its designated
representative may have. FIRM shall notify COUNTY in writing at least 50 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 or, at the option of the COUNTY, delivered to
the COUNTY for storage by the COUNTY, with COUNTY responsible for paying the actual
cost of storage. This documentation shall include for example, original time records, expense
receipts, and documentation supporting the amount charged by FIRM for expense items
generated by FIRM or his or her Attorney. COUNTY reserves the right not to pay any fee or
expense item for which sufficient documentation or expense item for which sufficient
documentation is not available to determine whether the item was necessary and reasonable.
S. 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 law firm, as appropriated. FIRM' S bills complying with this Agreement
are due and payable according to the Prompt Payment Act. If the bill materially fails to comply
with the requirements 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 that FIRM will serve as the point of contact for this matter, including
billing questions. The COUNTY contact for these billing issues shall be:
Suzanne Hutton, County Attorney
1111 12th Street, Suite 408
Key West, Florida 33040
(305) 292-3470
(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:
Roman Gastesi, County Administrator
1100 Simonton Street, Suite 2-205
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 the matter.
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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 a ainst 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 Cognty for marketinZ pWoses
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 Attorney at the
expense of COUNTY (or for which COUNTY is otherwise billed) is the property of COUNTY.
Without COUNTY' S prior written approval, this work product may not be used by FIRM or his
or her Attorney nor disclosed by FIRM or his or her Attorney 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 of
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.
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 FIRM 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,
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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 vrocedures
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 FIRM' S Fees and Costs
In the event any administrative proceedingor cause of action is initiated or defended b the
y
COUNTY or FIRM relative to the enforcement or interpretation of this Agreement, the
prevailing party shall be entitled to an award of reasonable FIRM' S fees, and court costs, as an
award against the non -prevailing party, and shall include reasonable FIRM' 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
Roman oastesi Suzanne A. Hutton
County Admuustrator and County Attorney
1100 Simonton Street 1111 12` l Street, Suite 408
Key West, FL. 33040 Key West, FL 33040
FOR FIRM
Ms. Emily Zammit
1350 "Eye" Street, NW, Suite 275
Washington, DC 20005
Phone: (202) 904-2050
Fax: (202) 904-2051
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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. ENTIRE AGREEMENT
The entire agreement between the COUNTY and FIRM with respect to the subject matter hereof
is contained in this Agreement. This Agreement supersedes all prior oral and written proposals
and communications between the COUNTY and FIRM related to this Agreement. No provision
of this Agreement shall be deemed waived, amended or modified by either party unless such
waiver, amendment or modification is in writing and signed by the party against whom the
waiver, amendment or modification is claimed. This Agreement shall be binding upon and inure
to the benefit of the parties hereto, their permitted successors and assigns.
16. FLORIDA 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.
17. 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 119, 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.
18. 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.
19. 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.
19.1 Documents forwarded to COUNTY
FIRM agrees to forward to COUNTY along with Notice of Termination or upon rec
eipt 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.
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19.2 Restriction on Communications
FIRM agrees not to communicate with the public, including the press, about COUNTY or about
this matter.
20. SEVERABILITY
If a term, covenant, condition or provision of this Agreement shall be declared invalid or
unenforceable to any extent by a court of competent jurisdiction, the remaining 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 provision 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.
21. CAPTIONS
The captions set forth herein are for convenience of reference only and shall not define,
modify, or limit any of the terms hereof.
22. LEGAL OBLIGATIONS AND RESPONSIBILITIES;.NON-DELEGATION„_. OF
CONSTITUTIONAL DR 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.
23. 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, representatives 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 fora ' um 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 insure a proper accounting of 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.
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24. 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 the 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.
25. 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 employee in violation of Section 2 of Ordinance No. 10-1990 or any
COUNTY officer or employee in violation of Section 3 of Ordinance No. 10 1990. For breach or
violation of this provision the COUNTY may, at its discretion, terminate this Agreement without
liability and may also, at its discretion, deduct from the sums owed under the Agreement, or
otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid
to the former or present COUNTY officer or employee. COUNTY employees and officers are
required to comply with the standards of conduct delineated in Section 112.313, 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.
26. 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 the neither FIRM nor any authorized time
keeper has been named to the convicted vendor list.
27. 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.
28. MODIFICATIONS AND AMENDMENTS
This Agreement may not be modified in any way without the express, written consent of both
parties. Any and all modifications and Amendments of the terms of this Agreement shall be in
writing and executed by the Board of County Commissioners for Monroe County and by FIRM
in the same manner as this Agreement.
Page 11 of 15
29. 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 time keepers, to
be the employees of the Board of County Commissioners of Monroe County, and they shall be
entitled to none of the rights, privileges or benefits of employees of Monroe County.
30. 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,
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.
31. 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.
32. 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 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.
Page 12 of 15
3 3 . 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.
34. ATTESTATIONS
FIRM agrees to execute such documents as the COUNTY may reasonable require, including a
Drug -Free Workplace Statement, and a Public Entity Crime Statement.
35. 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.
36. HOLD HARMLESS AND INSURANCE
Prior to the commencement of work governed by this contract, the FIRM shall obtain General
Liability Insurance. Coverage shall be maintained throughout the life of the contract and
include, as a minimum:
• Premises Operations
• Bodily Injury Liability
• Expanded Definition of Property Damage
The minimum limits acceptable shall be:
$300,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$100,000 per Person
$300,000 per Occurrence
$ 50,000 Property Damage
An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its
provisions should include coverage for claims filed on or after the effective date of this contract.
In addition, the period for which claims may be reported should extend for a minimum of twelve
(12) months following the acceptance of work by the County.
The Monroe County Board of County Commissioners shall be named as Additional Insured on
all policies issued to satisfy the above requirements.
Page 13 of 15
Vehicle Liability Insurance requirements
Recognizing that the work governed by this contract requires the use of vehicles, the FIRM, prior
to the commencement of work, shall obtain Vehicle Liability Insurance. Coverage shall be
maintained throughout the life of the contract and include, as a minimum, liability coverage for:
■ owned, Non -owned, and Hired Vehicles
The minimum limits acceptable shall be:
$100,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$ 50,000 per Person
$100,000 per occurrence
$ 25,000 Property Damage
The Monroe County Board of County Commissioners shall be named as Additional Insured on
all policies issued to satisfy the above requirements.
Workers' Compensation Insurance Requirements
Prior to commencement of work governed by this contract, the FIRM shall obtain Workers'
Compensation Insurance with limits sufficient to respond to the applicable state statutes.
In addition, the FIRM shall obtain Employers' Liability Insurance with limits of not less than:
$100,000 Bodily Injury by Accident
$500,000 Bodily Injury by Disease, policy limits
$100,000 Bodily Injury by Disease, each employee
Coverage shall be maintained throughout the entire term of the contract.
Coverage shall be provided by a company or companies authorized to transact business in the
state of Florida.
Professional Liability Re uirements
Recognizing that the work governed by this contract involves the furnishing of advise or services
of a professional nature, the Attorney shall purchase and maintain, throughout the life of the
contract, Professional Liability Insurance which will respond to damages resulting from any
claim arising out of the performance of professional services or any error or omission of the
Contractor arising out of work governed by this contract.
Page 14 of 15
The minimum limits of liability shall be:
$250,000 per occurrencel$500,000 Aggregate Prior to execution of this agreement, FIRM shall
fiu-nish COUNTY Certificates of Insurance indicating the minimum professional liability
coverage for FIRM and additional time -keepers in the amount of $250,000 per
Occurrencel$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.
37. 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.
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 the
COUNTY and FIRM may execute this Agreement by signing any such counterpart.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day
and date first written above.
BOARD OF COUNTY COMMISSIONERS
OF MONROE BOUNTY, FLORIDA
ATTEST: D L. I�OLHAOE, CLERI�
By:
Bye Mayor
Deputy Clerk
T A
Witness to FIRM: , ,•y ft.
l 3 Iz.
Signature Signature
Print Name Print Name
Address DATE:
DATE:
Page 15 of 15
ADDITIONAL BACK-UP
i
FF
FIFTH AMENDMENT TO AGREEMENT BETWEEN MONROE COUNTY
AND CARDENAS PARTNERS. LLC (FORMERLY TEW CARDENAS. LLP)
THIS FIFTH AMENDMENT To AGREEMENT is made and entered into this 16`h
day of February, 2011, between the BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA (hereafter "COUNTY") and CARDENAS PARTNERS, LLC, (hereafter
"FIRM", formerly Tew Cardenas, LLP); and
WIMREAS, the parties entered into a contract on February 27, 2009, retroactive to
February 6, 2009, for provision of lobbying services by the FIRM to COUNTY, and
WHEREAS, an Amendment to the Agreement was entered into by both parties on March
18, 2009 which included the deletion of the City of Marathon and the Ivey Largo wastewater
Treatment District from Section 1. of the Agreement; and
WB EREAS, the City of Ivey West did not desire to enter into an Interloeal Agreement to
share the costs for these lobbyist services; and
WHEREAS, on May 20, 2009, the COUNTY approved termination of the Interlocal
Agreement with the City of Islamorada, previously approved by the COUNTY on April 15,
2009, to share the costs for these lobbyist services; and
WHEREAS, pursuant to Section 11.2 of the Agreement, on June 1, 2009 the County
provided the required thirty (30) day written notification of termination without cause to
Islamorada, Village of Islands thereby terminating the Agreement effective June 30, 2009; and
WHEREAS, on June 17, 2009, the COUNTY approved a Second Amendment deleting
Islamorada, Village of Islands and the City of Ivey Nest from the agreement to accurately reflect
who is sharing the cost of the lobbyist services and thereby identify who the lobbyist is to
provide services for under this agreement and who is to receive the benefits from the lobbyist
services provided; and
WHEREAS, on August 19, 2009, the COUNTY approved a Consent to Assignment from
Tew Cardenas, LLP to Cardenas, Partners, LLC upon receipt of notification from Tew Cardenas
of the name change; and
WI-EREAS, on February 17, 2010 the COUNTY approved a Third Amendment to
extend the term one (1) additional year beginning February 6, 2010 and expiring February 7,
2011.
WHEREAS, on January 19, 2011, the COUNTY approved a Fourth Amendment
extending the term one (1) additional year beginning February 6, 2011 and expiring February 7,
2012; and
Page 1 of 3 Tcw Cardenas Fifth Amendment
REV Sec. 6, Delete Mueller & Ruiz/
Add John David Hooker, ii
BDCC 2/16/ 11
WHEREAS, the COUNTY received written notification from Cardenas Partners, LLC
dated January 11, 2011 that John David Hooker, II has joined the firm and, as of January 31,
2011, Mr. Colin Mueller would be leaving the firm; and
WHEREAS, the COUNTY received written notification via email on January 20, 2011
from Cardenas Partners, LLC that Elinette Ruiz did not transfer when the firm split from the law
firm of Tew Cardenas, LLP and has not been with their firm since July 2009; however,
notification was inadvertently never provided to COUNTY by Cardenas Partners, LLC and only
now realized; now therefore
IN CONSIDERATION of the mutual covenants contained herein the parties agree as
follows:
1. Section 6. shall be amended to read:
"6. PAYNffiNTS TO FIRM
The FIRM shall submit to CO invoices with supporting documentation
acceptable to the Clerk on a schedule as set forth in the contract. 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 COiJNTY'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:
A Alberto Cardenas
B. Carl Clridlow
C. Colin Mueller (expires/to be deleted as of 1/31/1l)
D. John David Hooker, II (effective 1/11/I 1)
E. Elinette Ruiz (expired/deleted as of 7/1/2009)
F. Emily Zammit
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.
Monthly invoices shall identify the approved persons who provided services and a
brief summary of the services provided."
2. This Fifth Amen&nent will be effective retroactive to January 11, 2011 as to
the addition of John David Hooker, II; retroactive to January 31, 2011 as to
the deletion of Colin Mueller; and retroactive to July 1, 2009 as to the deletion of
Elinette Ruiz.
Page 2 of 3 Taw Cardenas Fifth Amendment
REV Sac. 6, Dclete Mueller & Ruiz/
Add Jobe David Hooker, 11
BOCC 2/16111
3. The remaining provisions of the agreement dated February 27, 2009, as amended
pursuant to the Amendment to Agreement dated March 18, 2009, Second
Amendment dated June 17, 2009; Consent to Assignment dated August 19, 2009;
Third Amendment dated February 17, 2010; and Forth Amendment dated
January 19, 2011, not inconsistent herewith, remain in full force and effect.
' 1TESS WHEREOF, the parties have set their hands and seal on the day and year first
. abo-tteri�
14
* . `` � L, KOLHAGE, CLERK BOARD OF COUNTY CO MNUSSIONERS
Deplity Clerk
a �-
Ln
C) rR
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iz d
Witness:
By �,- '\,P ==,
Signature
? s-a M 12- " %A 0 -r,
Point Name
Address
F�AVKIMVZE V.A,. * %, NO 19
tic# cf Cum: 55
�v MP in Ow ppral
Vr
[Votary Pk, .
My co expires 1p� �1%3
va- ��ays �a�vai vvAl1� 1 1 LV1<1LH
By
Ma or/ #man
PT ! ti
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V A 4�0'0-11,.
. rlmm ,
CARDENAS PARTNERS, LLC:
By
ar-'W-�Q-
so 1 Cam
? JJ r I a 4—
Print Name
"7o 1_ r Z J& Siy N W
Address
W � c_. z000's
Page 3 of 3
Tew Cardenas Fifth Amendment
REV sec. b, Delete Mueller & RuizI
Add John David Hooker,11
SOCC 2J 1 GI 11
FOURTH AGREEMENT BETWEEN MONROE COUNTY AND
CARDENAS PARTNERS, LLC (FORMERLY TEW CARDENAS LLP
f )
THIS FOURTH AMENDMENT TO AGREEMENT is made and entered into this s
19th MM
day of January, 2011, between the BOARD OF CO
UNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA (hereafter "COUNTY") and Cardenas Partners LL
C
(hereafter "FIRM", formerly Tew Cardenas, LLP); and
WHEREAS, the parties entered into a contract on February27 2009 retroactive
� e to
February 6, 2009, for provision of lobbying services by the FIRM to COUNTY and
WHEREAS, an Amendment to the Agreement was entered into b both parties
y p son
March 18, 2009 which included the deletion of the Cityof Marathon and the
Key Largo
Wastewater Treatment District from Section I. of the Agreement; and
WHEREAS, the City of Key west did not desire to enter into an Interlocal Ag
reement
with the costs for these lobbyist services; and
WHEREAS, on .May 20, 2009 the COUNTY approved termination of the a InterloCal
Agreement with the City of Islamorada, previously approved b the COUNT
PP Y Yon April 15,
2009, to share the costs for these lobbyist services; and
WHEREAS, pursuant to Section 11.2 of the Agreement, on June 1 2009 the he County
provided the required thirty (30) day written notification of termination w'
rtlzout cause to
Islamorada, Village of Islands thereby terminating the Agreement effective J -
g June 30, 2009, and
WHEREAS, on June 17, 2009, the COUNTY approved a Second Amendment
Pp deleting
Islamorada, Village of Islands and the City of Keywest from the agreement g ement to accurately
reflect who is sharing the cost of the lobbyist services and therebyidentif ' y who the lobbyist is
to provide services for under this agreement and who is to receive the ben
efits from the
lobbyist series provided; and
WHEREAS, on 8/ 19/09, the COUNTY approved a Consent to Assig
nment from Tew
Cardenas, LLP to Cardenas, Partners, LLC upon receipt of notification from m Tew Cardenas of
the name change; and
WHEREAS, on the 171h day of February, 2010, the parties entered into a Third
Amendment for provision of lobbying services; and
WHEREAS, the agreement expires Febru 7, 2011 and i t i s the desire esire of both parties
to extend the agreement one ( 1 ) additional year; now therefore
e
IN CONSIDERATION of the mutual covenants contained herein'
the parties agree as
follows:
1 • Section 3. TERM OF AGREEMENT shall be amended to extend
t nd the term one
(1) additional year beginning, February 6, 2011 and expiring P g February 7, 2012.
Tew Cardenas Fourth Amendment
One 0) year Ext to 2nl12
Page I of 2
2. The remaining provisions of the agreement dated February27 2,009 , as
amended pursuant to the Amendment to Agreement dated March 18, 2009
Second Amendment dated June 17t', 2009, Consent to Assicrnment dated
August 19, 2009 and Third Amendment dated February ar I 0
y 7, 2010, not
inconsistent herewith, remain in full force and effect.
SS WHEREOF, the parties have set their hands and seal on the day and year
�e
L. KOHLAGE, CLERK
BOARD OF CO NTY COMMISSIONERS
OF MONROE U , FLORIDA
Baw'wB.
Deputy Clerk
y
Ma r1C /ran
CM ,
Uri
1 r , ►1 i
LL.
■' ,• '
aceLLj
Q �J -
witness:
CARDENAS PARTNERS, LLCM
Signature
Signature
M t CV719s- kCX \A \.k k-v-
Uig
Print Name
vow
Print Name
Address
DATE: -A 11,7) 1 -f ef
DISTRICT OF COLUMBIA :SS:
Adress
TO
DA7'E:�"
I Z.-I 171 11
5u'b � �j� SWD� 'IC167
U �e-��� ►'ham-{-�� S ��-i� CQ�
YV
Tew Cardenas Fourth Amendment
One (1) year Ext to 2,'7/12
Page 2 of 2 My CcwwnWbn Expims
�u--ae 319zo3
THIRD AMENDMENT TO AGREEMENT BETWEEN MONROE COUNTY
AND CARDENAS PARTNERS LLC (FORMERLY TEVy CARDENAS. LLP)
THIS THIRD AMENDMENT TO AGREEMENT is made - and entered into this 17th
day of February, 2010, between the BOARD OF COUNTY COMMI S SIONERS OF MONROE
COUNTY, FLORIDA (hereafter " CO and CARDEN j� ') AS PARTNERS, LLC, thereafter
"FIRM". formerly Tew Cardenas, LLP); and
WHEREAS, the i
partes entered into a contract on Fe • .. bruary �7, 2Q09, retroactive to
February 6, 2009, for provision of lobbyingservices b the y FIRM to COUNTY, and
WHEiIEAS, an Amendment to the Agreement was entered . . Age red urto by both artier on
March 1 S, �009 which included the deletion of P
the City of on and the Keyo
Wastewater Treatment District from Section Z . of the Agreement, and Largo
WHEREAS, the City of Key West did not desire to enter into an Interlocal Agreement to
share the costs for these lobbyist services; and
WHEREAS, on May 20, 2009, the COUNTY roved termination
Agreement vvrth theapproved t Yon of the Interlocal
City of Islamorada, previously approved b the COUNT
2009, to share the costs for y Yon April 15,
these lobbyist services; and
WHEREAS, pursuant to Section 11.2 of the Agreement,
provided the � , on June 1, 2009 the County
P required thirty (30) day written notification of termination `
Islam�orada, Village of Is wr�hvu� cause to
Islands thereby terminating the Agreement effective
� ectYve June 30, 2009; and
WHEREAS, on June 17, 2009, the COUNTY approved
Isla,mo PP ed a Second Amendment deletuig
rada, Village of Islands and the City of Key Nest from the agreement to accurately reflect
who is sh
aring the cost of the lobbyist services and thereby.
provide se identify who the lobbyist is to
p services for under this agreement and who is to receive the .
services provided; benefits from the lobbyist
p , and
WHEREAS, on 8119109, the COUNTY approved •
Cardenas FP a Consent to Assignment from Tew
LLP to Cardenas, Partners, LLC upon receipt of notification
the name c p'° p from Tew Cardenas of
Mange; and
WHEREAS, the Agreement expires Feb
ruary 7, 2010 and it is the desire of bath artier
to extend the agreement one (1) additional y therefore
now there P
IN CONSIDERATION of the mutual covenants .
follows:
contained herein the parties agree as
1. Section 3. TERM OF AGREEMENT shall
be amended to extend the term one(1)additional year be in Fe ..
g �y �, �010 and exgking Fe 7 �011.
bruary ,
Page 1 of 2 Tew Cardenas Third Anendmcnt
One (1) year Ext to 2f7t2o 11
REV 1tZ7/10 to reflect Feb, 17 BOCC date
2. The re ' '
Provisions
of the agreement dated Fe
P to the Amen b�•3� 27, 2009, as amend
Amendment to Agreement dateded
Amendment dated June March 18, 200g Seto . 17, 2Q09 and consent to � Second
2009, not inconsistent here Assignment dated August
with, remain in full force 9'
and effect.
IN WITNESS WHEREOF, the parties have set their lends and seal on the da
first above written y and
yam,
(SEAL)
ATTEST: DANNy L, KOLHAGE, CLERK
By
Deputy Clerk
c%j
U.
00
�
ems.
C- .
� ..;_
r
By
Signature
Print Name
Address
�b ] i �.I,. ✓J 2 r
Page 2 of 2
BOARD OF COUNTY COMM
S1 �TERS
OF MONROE COS
s FLORIDA
R
By .
May rlCbairman
�E COUNTY ATTORNEV
Pr""�
OVED AS T M:
O Z NN A. TToiV
CARDENAS PARR
LLC;
BY
Signature
110 L')
Print Name
7D1 l 3¢PI
Address
?1�(0) C) S
Tow Cardenas Thud Amendment
One (1 ) year Ext to ?lln011
RE V II2711 Q
tv rued Feb. 17 BOCC date
r
ILL -
CONSENT
y
TO ASSIGNMENT
+ Q
This Consent to Assignment 1s entered into this 19th day of August, 20091,:-�� between;0
Monroe County, a political subdivision of the State of Florida, hereafter COUNTY, ar -' h jCarjnas-_�0
rn
LLP, hereafter ASSIGNOR, and Cardenas Partners, LLC, hereafter ASSIGNEE. - <"q>- c
Cz
'rn cil
WHEREAS, on February 27, 2009, the COUNTY and ASSIGNOR entered into a contest 5P
the provision of lobbying services;
WHEREAS, the COUNTY received notice that all of the professionals in the Washington DC
office of ASSIGNOR have formed a separate entity, the ASSIGNEE effective July 1, 2009 to perform
lobbying services for ASSIGNOR's Washington DC office clients;
WHEREAS, the ASSIGNEE's offices is in the same location as were ASSIGNOR's Washington
DC. officc;
NOW THEREFORE, inconsideration of the mutual promises of the original agreement as
amended herein, the parties agree as follows:
1. The ASSIGNOR assigns to ASSIGNEE all the ASSIGNOR's right, title and interest in the
original agreement effective July 1, 2009 and COUNTY consents to the assignment.
2. ASSIGNEE agrees to be bound by all the terms and conditions of the original agreement, as
amended above.
3. The remaining provisions of the agreement dated February 27, 2009, not inconsistent
herewith, remain in full force and effect.
ATTEST: DANNY L. KOLHAGE, CLERK
By c. 4,e�
Deputy Clerk
Witnesses:
By
Witnesses:
. /I "
�� /t�
528543A
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FL RIDA
BA V.,e,4 ) 5
TAayor/Chairman
Tew. . rdenas, LLP (ASSIGNOR)
By:
P4-4--k 4 . &�a& 4 4 , ()./I- %
Signature
6*,A'Cx1,r C h L! 4 r'e r(V
Printed Name
Date:
Car azMe (ASSIGNEE)
By:
Signature
/ 4 149-
Printed Name,
Date: �% W/4 a
MON OE COUNTY ATTORNEY
APPROV D A
4A via& INO&AV&A
HaRIS4EM. S TO FORM:: UMBERT-BARROWS
ASSIST NT COUNTY ATTORNEY
Date �/ Q f /
SECOND AMENDMENT TO AGREEMENT
BE'r EN MON.ROE COUNTYAND TEW CARDENAS LLP
THIS SECOND AMENDMENT TO AGREEMENT is made and entered into this
17" day of June, 2009, between the BOARD OF COUNTY
COMMISSIONERS OF MONRQE
COUNTY, FLORIDA ("'COUNTY") and TEW CARDENAS, LLP ("FMM`)- and
WHEREAS, the parties entered into a contract on February 27, 2009, for provision of
lobbying services by the FIRM to COUNTY; and
WHEREAS, an Amendment to the Agreement was entered into by both parties on
March 18, 2009 which included the deletion of the City of Marathon and the Key Largo
g
Wastewater Treatment District from Section 1. of the Agreement; and
WHEREAS, the City of Ivey west does not desire to enter into an Interlocal Agreement
to share the costs for these lobbyist services; and
WHEREAS, on May 20, 2009, the COUNTY approved t Lion of the Interlocal
Agreement with the City of Islamorada, previously approved b the COUNTY on April 15 Y prr ,
2009, to share the costs for these lobbyist services;
WHEREAS, pursuant to Section 11.2 of the Agreement, on June 1 2009 the County
provided the required thirty (30) day written notification oft tion without cause to
Islamorada, village of Islands thereby terminating the Agreement effective June 30 2009-
,and.
WHEREAS, it is desired to amend the agreement to accurately reflect who is sharing the
cost of the lobbyist services and thereby identify who the lobbyist to provide service
Yx is p rovs for under
this agreement and who is to receive the benefits from the lobbyist services .
therefore
by provided, now
IN CONSIDERATION of the mutual covenants contained herein the artier agree as
follows:
p
1. Section 1. of the agreement between the parties dated February 27 2009, as
amended March 18, 2009, shall be revised to read:
1. THE CLIENT
The Client is the COUNTY, and to the extent ethically' sible it's
elect ' elected and appointed officers and its employees, in alliance for the
purposes of this agreement with the Florida Ivey Aqueduct Authority, unless
CO advises ATTORNEY otherwise. The services provided under
this
agreement shall be provided for the collective benefit of the COUNTY
and the entities named in this paragraph.
Page 1 of 2 Tew Canfi=s second Amendment
Deleting Idamorada and Ivey West
2. The re ' ' provisions of the agreement dated February 27, 2009 as amended
Pursuant to the Amendment to Agreement dated March 18, 2009, not inconsistent
herewith, remain in full force and effect.
SS WHEREOF, the Parties have set their bands
P and seal on the day and year
first ��.
L.KOLHAGE CLERK BOARD OF COUNTV COMMISSIONERS
4ti
= OF M - NROE COUNTY FLORIDA
By
GGGGG
Deputy derk
Witness:
By
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Page 2 of 2
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Mayor/Chairman
MONROE COUNTY ATTORNEY
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TEW CARDENAS, LLP:
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PROOUCER THIS CERTIFICATE IS ISSUED AS A BATTER OF INFORMATION
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waive twin Donee = Assoc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
5915 ponce De Leon Blvd. , #29 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
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ANY REQUIREMENT. TERM OR CONDInON OF ANY CONTRACT OR 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED 8Y PAIL] CLAIMS.
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CERTIFICATE SERVES AS PROOF OIr COVERAGE.
CERTIFICATE HOLDER
MONROE COUNTY
BOARD Oir TY COMM$S IONERS
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NONROEC BHOULD ANY OF THE ARM vESCAIA® Pouclu BB CANCELLED BOfamE THD BmpmTION
DATE TNmEflR, THE 03WHO WSUREA WILL ENDEAVOR To MAIL 33 DAYi wwrm
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BOARD OF COUNTY COMM 8810MRS . BUT FAILURE To oO as SKALL
1100 SniDNTON STRffiET #2 68 MOME NO COU"TION OR Lr ABI M OF ANY KIND UPON THE ImSuREK ITS AGOM OR
XZY WEST FL 33040 ATE
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ACORD sa (2oa1roef 1 0 AcoRv CORPORATION 1988
DANNY L KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE: September 1, 2009
TO: Roman Gastesi
County Administrator
ATTIC* Connie Cyr
Aide to County Administrator
FROM: Pamela HanC.
At the June 17, 2009, Board of County Commissioner's meeting the Board granted
approval and authorized execution of the Second Amendment to Agreement gr t between Monroe
Cou
nty and Tew Cardenas, LLP removing the City of Ike West and Islamor
y ada, Village of
Islamorada from the Agreement.
Enclosed is a duplicate original of the above -mentioned for our handling. ng. Should you
have any questions please do not hesitate to contact this office.
cc: County Attorney
Finance
File
AMENDMENT TO AGREEMENT
BETWEEN MONROE Ca AND
TEW CARDENAS, LLP
THIS AMENDMENT TO AGREEMENT is made and entered into this 18th dayof
March, 2009,
between the BOARD OF COU
NTY COMMISSIONERS OF MONROE COUNTY ("COUNTY) CARDENAS, LL ? "FIRM" . and TEw
WHEREAS, the parties entered into a contract on February 27 2009 for provision '
services by the FIRM to COUNTY; and
Pr sYan of lobbying
'WHEREAS, the Agreement dated February 27, 2009, contained standard language
COUNTY's form contract for law f found in the
firms; and
WHEREAS, FIRM is a law firm but provides related services b persons wh
legal services Particularly Y Fe o are not attorneys in
addition to providing g , p arly for lobbying activity; and
WHEREAS, it is desired to amend the agreement to more accuratel reflect the s
Principals who will be providing services Y status of the FIRM s
Pr g ces under the agreement; now therefore
IN CONSIDERATION of the mutual covenants contained herein the parties a • p agree to as follows.
1. The agreement between the parties dated February 27, 2009, shall be amended as fellows.
A. All references to ATTORNEY through out the agreement shall be replaced with ith " FIRM.
B. Section 1 shall be amended to delete the city of Marathon and the Key Largo Wastewater
Treatment District.
C. Section 2 shall be revised to read:
442, rl'HE��
FIRM is the individual or professional association named above and whose legally
g�ly authorized signature appears at the
bottom of this
Agreement. FIRM has been retained specifically because FIRM is u
to be able to handle this matter, understood by COUNTY may not delegate or outsource this work without full written disclosure
to, and prior written a ure
p approval from, the COUNTY."
D. Section 4 shall be amended to add a new item (M) under the list of services:
(M) CONSULTANT has been contracted primarily for the •
services on a federal level with
y e purpose of providing the above lobbying
but will confer with state lobbyists, who are primarily responsible '
the following tasks enumerated above at the state 1 p Y Po le for handling
level. Consultant will maintain communications with the
Tallahassee legislative team, and assure coordination of tasks ' • • •
federal and state.
involving multi �urYsdict�onal functions, both
E. Section 6 shall be revised to read:
"6. PAYMENTS TO FIRM
TewCardenas Amendment 3-18-09
The FIRM shall submit to COUNTY invoices with supporting documentation pP° � . ion acceptable to the Clerk on a
schedule as set forth in the contract. Acceptability to the Clerk is based on generally a
regulations g y accepted P accounting
principles and such laws, rules and ne
gu s as maY govern the Clerk's disbursal of funds.
The FIRM may only use qualified personnel to perform the se '
Pe rvices requued of it under the
contract. It is understood that the CCiJNTY's selection of the FIRM fo
r this contract is based in
part on the abilities of the persons who are expected to provide services under this
s agreement. The
parties expect that the following individuals will perform those '
P e services:
A.
Alberto Cardenas
B. Carl Chidlow
C. Colin Mueller
D. Eli nette Ruiz
E. Emily Tammit
If any of these individuals leave the FIRM's employ,he o •
sun
the � r she must be promptly replaced with a
ilarly qualified individual. The replacement individual is •
also subject to the written approval of
the BOCC, whose approval will not be unreasonably Withheld.
Monthly invoices shall identify the approved persons who provided
services provided." P services and a beef summary of the
. The remaining provisions of the agreement dated February�7 2D0
remain in full force an � �, not inconsistent herewith,
d effect.
IN SS WHEREOF, the parties have set their hands and seal on the day and year first above
written.
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
BOARD OF COUNTY COMNIISSIONERS
eo---
OF M OE COUNTY, FLpRIDq
By -7
By �F �.�. c.Q�
Deputy lerk
NTY ATTORNEY Mayor/Chairman
PROVED AS T
Attest:
�1ZANNE A. urro
nit�w DENAS, LLp;
Bv
R�
A� �
S r F�� ,� /�nGC
By
Signat
=r-
Print Name �.
Address: s`(% re,�
Print Name t�c�ae
ornZ
3 �J' �s
%DATE:DATE:
c'�r�..
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TewCardenas Amendment 3-18-09 2
AGREEMENT BETWEEN MONROE COUNTY AND
TEW CARDENAS LLP
TffiS AGREEMENT, made and entered into this dy day of .e 20092 by
and between the BOARD OF COUNTY COMMISSIONERS OF MONROE CO , FLORIDA,
C"COLTNTY'), a political subdivision of the State of Florida whose address is 1100 Simonton
Street., Key West, Florida 33040, and TEW CARDENAS LLP ("ATTORNEY."').
WHEREAS, Chapter 99-395, Laws of Florida, requires that onsite sewage treatment and
disposal systems be compliant with regulations for effluent discharge by July 1, 2010; and
WHEREAS, Monroe County, independent special districts, private utilities, and
municipalities (the wastewater authorities) are engaged in efforts to provide centralized
wastewater treatment plants and collection systems throughout the Florida Keys or are upgrading
their treatment systems to meet the 2010 requirements; and
WHEREAS, Chapter 2008-49, Laws of Florida (the "Act"), effective July 1, 2008,
authorizes the issuance of bonds, and authorises the provision of funds from the Save Our
Everglades Trust Fund over afour-year period for the Keys Wastewater Plan starting in July
2009; and
WHEREAS, it is critical to the development and construction of wastewater treatment
and collection systems at costs that the local property owners can afford to obtain the full amount
of the State bond monies authorized* and
WHEREAS, the wastewater authorities have indicated an interest in sharing the costs of
a contract between the County and the Attorney to lobby the State to issue bonds and appropriate
ro riate
$50,900,000 per year to the wastewater entities in the Florida Keys, as well as an other
eY � y efforts
to obtain federal or state fund;ng for wastewater and infrastructure projects in the Florida K
and to lobby Stater '
P J Keys,
y regulatory agencies to relax or amend their rules to allow pro owners to
• property
come into delayed compliance with Ch. 99-395 if their wastewater authority has one or more
. tY
projects scheduled but not completed by July 1, 2010; now, therefore,
In consideration of the mutual covenants and provisions contained herein, the parties
agree as follows:
1. THE MS T
The Client is the COUNTY, and to the extent ethicallypermissible, it's
P � elected and appointedi
officers and its employees, n alliance for the purposes of this agreement with the cities ofA0
Key Nest, andMaradwn, Ivey Largo Wastewater Treatment District and the Florida K
Authority,unless �� - �s �
ATTORNEY otherwise. The services provided under this
eement shall be P
W provided for the collective benefit of the county and the thies named in this
paragraph.
2. TIC ATTORNEY
ATTURNEY is the individual or professional association named above and whose legally authorized
signature appears at the bottom of this Agreement. ATTORNEY is licensed to practice law in all
jurisdictions relevant to this matter. ATTORNEY has been retained specifically because
ATTORNEY is understood by COUNTY to be able to handle this matter. If ATTORNEY
Page 1 of 15 Tew Cardenas UP Lobbyist Conhad
2/6C 09 KMP
practices with others who may also provide services t
P, o COUNTY., he or she understands that
COUNTY expects that ATTORNEY will be responsible form •
• P a.naging the representation, assuring
compliance of others with the terms of this Agreement and ethical
.
. tequirementso Preparing and
sub g all bills, and communicatingwith C�
, . ATTORNEY may not delegate or
outsource this work without full written disclosure to, and prior written
COP approval from, the
3. TERM OF &GREEMENT
This Agreement and representation by ATTORNEY is effective up
on execution by ATTORNEY
and acceptance and approval by COUNTY in accordance with CD ' .
S policies, ordinances,
or governing statutes. upon execution by ATTORNEY and acceptance
CO - eptance and approval by
this agreement will be retroactive to Feb 2009. The representation • `Y � ep esentation shall
continue for one year unless earlier terminated b either the C� or •
. Y by the ATTORNEY n
accordance with ethical requirements and/or the terms of this Agreement.
gr t.
4. SCOPE OF THE MLORK
The scope of services will include lobbyingservices related to . the Monroe County legislative
program, including monitoring, identifying, and prioritizin opportunities an
g PP d challenges for
Mo
nroe County with respect to issues under consideration b the State
They and federal legislature.
FIRN.I (LOBBYIST) shah work closely with the Coup Administrator ' . County . for or his designee, or in
the absence of either, the County Attorney, and will provide, at minimum,
services:
Y p a minimum, the following
(A) File Community Budget Issue Requests, as determined b the y Board of County
Commissio
ners, with appropriate House and Senate Legislative Delegation members;
(B) Regularly provide County staff and the Board of County Conn155loners with any
new information, and actively seek opportunities to enhance the C ' ounty s State and federal
legislative program and provide options as to legislative strategy •
. gi egy when necessary,
(C) Monitor and analyze State and federal legislation including
. , . � r g the budget process and
report to the County, both orally and in writing, an legislative eve
indirectlyg y � events that may directly or
impact the County;
(D) During the legislative session, provide the Coup Administrator''
r orts s ... County with weekly
reports of the past weeks activities affecting the Coun s substantive ' . , - tY a and appropriations s issues
and any other issues that could positively or negatively 'impact the County,
(E) Identify and act appropriately on State and federal legislation and legislative
proposals that may impact Monroe County;
(F) Identify and secure funding opportunities that m
legislation;PP ay arse from proposed
(G) Draft legislation, appropriations requests, and amen •
� � amendments as necessary,
• (H) Lobby for Monroe County's position on legislation,a '
interest, including ' , appropriations and matters of
st, d ng direct contact and communication with the St • State and federal executive
branches, including officials and en representatives, -
� agency eP ,and legislators and stag and testa on
behalf of Monroe Co at h - �
County hearings before legislative committees;
(I) Maintain close working relationships with Monroe •
. P County staff,
(J) Provide regular briefing reports to the Board of '
County Commissioners on key
issues and legislative activity as requested b the Boar
. � Y d,
(K) Monitor various State and federal agency actions .
Co ag y for potential impact on Monroe
County, and, in the event action i s needed, advise the County;
(L) At the conclusion of the 1 • slative session,r
final prepare a final report, including the
status of the County s legislative priorities and a summaryof the ' .
changes to Monroe impact of major legislative
g County.
Page 2 of 15 Tew Cis LLP Lobbyist Contract
2 W009 KU P
4.1 Professional abilitv to ixrforrn work, aDDointment of contract mans er
ATTORNEY warrants that he or she is authorized by law to engage in the erfo ... gag p romance of the
activities herein described, subject to the terms and conditions set forth in these cont
ract
documents. ATTORNEY shall designate an individual attorneyto be the contract m
onager for
each matter and the contract manager shall at all times exercise independent professional
eP � P nal
judgment and shall assume professional responsibility for the services to be provided. . p o ded.
ATTORNEY warrants that he or she and the authorized time keepers are authorized by law and
the Rules and Regulations of The Florida Ear to en a in the erformance of the .. .
P act�v�ta es
encompassed by this Agreement. If ATTORNEY is a member of a law Attorney,either as
partner, shareholder, associate, or other relationship, ATTORNEY warrants that he or she is
authorized to enter into this Agreement.
5. REVIEW -.OF ETIHCAL OBLIGATIONS- AND POTENTIAL, CONFLI TS OF
INTEREST BEFORE &TM REPRESENTATION
ATTORNEY has conducted a thorough investigation and detetmined that neither ATTORNEY nor
his or her Attorney has any ethical impediment, real or gal., including but no . . g t united to
conflicts of interest, to representing COUNTY. To the extent �Yimpediment, that ethical re
al or
potential, is discovered or ever apses, ATTORNEY shall immediately inform COUNTY in writing
of the impediment (regardless of whether ATTORNEY believes he or she has taken all steps
necessary to avoid the impediment and regardless of whether ATTORNEY believes that the
impediment is insubswiWW or questionable), make full disclosure of the situation to CO
. , obtain
CO S expresso written consent to cordwe the on of the other the
M and take all
steps requested by CO to avoid or mitigate the ' ent. ATTORNEY understands if a
direct or indirect conflict of i. nterest anses which, in the 'on of the COUNTY* be
avoided or m.rt*gated under the Rules of Professional Conduct of The Florida Bar CO may, in
y� its
discretion, (a) obtain reimbursement from ATTORNEY for all fees and e
xpenses paid to
ATTORNEY in this matter; (b) obtain cancellation of all amounts allegedly owed b CO
ATTORNEY-,� � y to
and (c) obtain reimbursement for consequential expenses incurred b COUNTY.,
•� y
including the cast of replacement counsel.
6. PAYMENTS TO ATTORNEY
ATTORNEY shall submit to CO invoices with supporting documentation
.. PPo g le to
the Clerk. Acceptability to the Clerk 'is based on generallyaccepted accounting principles �P g p ncrples and
such laws, rules and regulations as may govern the Clerk's disbursal of funds.
6.1 ATTORNEY Fee (M pAW
ATTORNEY will be paid for his or her services based on the '
provision of services on behalf of
COUNTY on a monthly basis due to the need for flexibility and adaptability inmeeting
with
State and/or Federal officials and the diversity of situations in which lobbying g services are
provided. The agreed fee is $5,000.00 per month, not to exceed $60 000 for n . one year. The
following minimum billing documentation and time -keeper requirements ' • �p eq eats are a condition
precedent to payment by the CO i
. Payment will be made n accordance wit
h the Florida
Local Government Prompt Payment Act after County receives a proper invoice '
. tY p p once for the services
provided in the preceding month..
Page 3 of 15 Tew Cardenas LLP Lobbyist Contact
2/ 2009 IMP
6.2. Identification of Time -Keepers:
Monthly invoices shall identify the approved time -keepers who provided services and a brief
summary of the services provided.
Approved Time Keepers:
Dame:
Alberto Cardenas
Elinette Ruiz
6.3. D_ iscounts to other .Clients
The rates ATTORNEY will charge COUNTY represent the lowest rates charged by the same
time -keepers to other clients. In the event that lower rates or discounts are provided to other
clients, ATTORNEY and approved time -keepers will also provide them on the same basis to
COUNTY.
6.4. Time kmers
As used in this Agreement, the term `time keeper" shall include ATTORNEY and other
ATTORNEYS and individuals identified in paragraph 6.3 of this Agreement who will be
providing services under this Agreement and who will bill the COUNTY for their services in
accordance with this Agreement.
6.5. Time -keeper changes
Time -keepers approved b the Co are listed in
. Y paragraph 6.2 of this end and may be
amended from time to turd upon mutual agreement of the COUNTY and the ATTORNEY, to
evidence the then -current ces. Ad ' 'onal time -keepers ma not be added to the master
.Y
without advance written appr�vVal from COUNTY. In the event that additional time-k providing
. m Frn g
services which are to be billed to COUNTY are to be added to the step then their houffly rates shall be
provided to COUNTY in advances and, upon written approval by the COUNTY,their rates and
billing practices shall comply with the nxMirements of thisAgreement. COUNTY ex
pects to
receive discounts or other concessions so that any increases or changes in time -keepers will not
g ep
result in unnecessary or unreasonable charges to COUNTY, e.g., for training, internal
conferences, and management.
7. BILLING OF FEES AND EVEN ES
ATTORNEY shall comply with the following requirements as to billingfees and expenses as
condition � � a
t on precedent to Co S obligation to pay each bill:
7.1. Monthly bibs
Unless otherwise agreed in a writing signed by the COUNTY, bills shall be issued monthly
o thly by
ATTORNEY within fifteen (15) days after the close of each month. ATTORNEY unde
rstands
that COUNTY requires prompt bills in part to facilitate effective in emen anag t of the
representation and fees.
7.2. Bill fo
ATTORNEY shall provide detailed, itemized bills which shall, at a minimurn:
7.2.1 DescriDtipn
Provide a general description of the matter, for which services are beingperformed.
p rmed. For
example, simply the word "research" is not acceptable, more detail about the a of research
esearch
and what was determined by the research is necessary.
Page 4 of 15 Tew Cardenas LLP hobbyist Contract
2I6r2009 KUP
7.2.2 Personnel
Clearly identify each timekeeper performing services in conjunction with
each entry.
7.3. Expenses
COUNTY will pay the actual, reasonable cost of the followin a items '
g expense if incurred in
accordance with the guidelines below and promptly itemized in ATTORNEY' S monthly bill. •
Reimbursable expenses include the following:
(a) Expenses of transportation and lodging submitted by ATTORNEY in writing with
documentation such as boarding passes and receipts, in connection with travel
authorized by the COUNTY, but only to the extent authorized b State statute and
County Ordinance.
Y
.
(b) Long distance charges and overnight delivery related to the project . ry p ,l shall be
reimbursed at cost.
7.3.1. Travel Expenses
Travel expenses within the ATTORNEY' S local area, defined as a radius of 50 miles from the
timekeeper's office, will not be reimbursed.
Travel expenses outside the local area may only be reimbursed if the travel was
approved ' � n
advance by COUNTY. Reimbursable travel expenses, if approved in advance are a the cast of
transportation by the least expensive practicable means (e.g., coach class air travel),the
cost of
reasonable hotel accommodations, and the cost of transportation while out of town (e.g., by cab
or rental car, whichever seems reasonable, at the lowest available rate). Travel exp
enses penses will be
reimbursed in accordance with the applicable provisions of Florida S P tatute 112.321 for
approved travelers and of the Monroe County Code Article 3CM and shall be sum
marized on
the Monroe County Travel Farm by ATTORNEY with all applicable receipts pts attached thereto.
7.3.2. Long distance charizes and overnight dglivM fees
Lang distance charges and overnight delivery fees shall be reimbursed at cost.
7.3.3. Advance a r val of x ens s
In addition to the items noted above, ATTORNEY shall obtain advanc
e approval from
COUNTY before incurring any expense in excess of $1 00o.0p if ATTORNEY expects to be
reimbursed for that expense. CO may refuse to a an expense
. pay Y xp se for which advance
approval was not obtained by ATTORNEY.
7.3.4. Copies of receiDts for a enses
ATTORNEY shall include copies of receipts for all expenses with the a itemized monthly i bill.
COUNTY
may refuse to pay any expense item for which documentation is not r
ATTORNEY. provided by
7.3-5. ExDmns and fees after tenma ion
Upon termination of the representation, ATTORNEY sha11 promptly
�. P ptly bill COUNTY for any
emmning reimbursable expenses and fees. COUNTY may refuse to a an f
not billed within 45 y pay y fees or expenses
days of termnation of the representation. ATTORNEY is also expected to
cooperate promptly with all aspects of termination and, if applicable, transition to other
P a counsel.
Payment for fees and expenses is contingent upon prompt, full cooperation. non.
Page 5 of 15 Tew Comas LLP Lobbyist Contract
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7.4. Bill and expense documentation
ATTORNEY must maintain supporting documentation for invoices until at le
ast one year after
the termination of the representation. This documentation shall be
made available by
ATTORNEY to COUNTY (or CO ' S designated representative, including eP � g an accountant,
the County Clerk or County Clerk's representative, or legal bill auditor upon '
g � po COUNTY S
written request. ATTORNEY agrees to cooperate with any ex on of this documentation
and ATTORNEY' S fees and expenses, e.g., by respondingel
promptly cam P Pt y and completely y to any
questions COUNTY or its esgnated representative may have. ATTORNEY shall n .dinotify
Ca writing in wting at least 60 days in advance of destro • an such records an in �g Y d, the event
that COUNTY requests that they be preserved, shall reserve them at least one i • P additional year
or, at the option of the COUNTY, delivered to the COUNTY for storage by the COUNTY, with
COUNTY responsible for paying the actual cast of storage. This documentation shall include
for example, original time records, expense receipts, and documentation supporting th pp g e amount
charged by ATTORNEY for expense items generated b ATTORNEY or his or he
r er Attorney.
COUNTY reserves the right not to pay any fee or expense item for which sufficient
Pe cent
documentation or expense item for which sufficient documentation is not available to determine
whether the item was necessary and reasonable.
S. PAYMENT TERMS
ATTORNEY' S request for payments and reimbursements may be made in either the
ATTORNEY S name or the name of the ATTORNEY' S law Attorney,appropriate. as pp opnate.
ATTORNEY bills complying with this Agreement are due and payable according to the Pr
P P Y g Prompt
Payment Act. If the bill materially fails to comply with the requirements of this Agreement, then
it is not due and payable until ATTORNEY remedies its deficiencies.
9. MATTER MAN,Aa-GENffiNT
9.1. Billing- Matters, All billing by ATTORNEY, and additional timekeepers will be
reviewed by ATTORNEY and that ATTORNEY will serve as the point of contact for P o this
matter, including billing questions. The COUNTY contact for this billing issues shall be.
Suzanne Hutton, County Attorney
1111 1P Street, Suite 408
Key West, Florida 33040
(305) 292-3470
(305) 292-3516 (facsimile)
9.2. Le ' lative MMers. All communications between COUNTY and
ATTORNEY
regarding legislative matters shall be communicated to the Count Administrator, '
• y strator, or in his
absence, to the County Attorney. The primary C� contact for these • Y ese purposes shall be.
Roman Gastesi, County Administrator
1100 Simonton Street, Room 2-205
Key West, Florida 33040
(305) 292-4644
(305)394-1332 (cell)
(305) 2924544 (facsimile)
Page 6 of 15 Tew Cmdem LLP Lobbyist Contract
9.3. ATTORNEY coo erasion
ATTORNEY will
• cooperate with COUNTY or CO ' S representatives to promptly Provi de
all information COUNTY requests or needs about the subject matter of this Agreement
] gr t and
ATTORNEYS bills and handling of the matter.
9.4. COUNTY coo eration
ATTORNEY should consult with COUNTY about all opportunities for COUNTY to save money
or make use of C ' 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. CQNFIDENTL4LITY AND PUBLIC RELATIONS
ATTORNEY is not authorized to waive or release any privilege or other protection of
info -- g
information confidential, secret, or otherwise — obtained from or on behalf of CO
ATTORNEY is to keep all confidential, privileged, or secret information confidential. This
requirement is perpetual, i.e., it will continue even aver the termination of the relationship and
this Agreement.
1 0.1 Prohibition against use of inform tion
This requirement is also intended to prohibit ATTORNEY from usinginformation obtained from
i
or on behalf of COUNTY, including work product prepared at CO ' S expense, for other
client's of ATTORNEY or his or her Attorney, without COUNTYS advance written approval.
10.2 No use f ounty for -mark eLg .... purpQg&s
._._.
ATTORNEY is not authorized to identify COUNTY as a COUNTY,e.g, for purposes of
�
marketing or advertising, without COUNTY" S prior approval.
11. OWNER HIP OF ATTORNEY FILE AND WORD PRODUCT
ATTORNEY understands that all files and work product prepared by ATTORNEY or his or her
Attorney at the expense of COUNTY (or for which CO is otherwise billed is the property
. � P Ply
of COUNTY. Without CO ' S prior written approval, this work product may not . pr y be used by
ATTORNEY or his or her Attorney nor disclosed by ATTORNEY or his or her Attorney to
others, except in the normal course of ATTORNEY' S representation of COUNTY in this matter.
ATTORNEY agrees that COUNTY owns all rights, including copyrights, to materials pre
pared
by COUNTY or by ATTORNEY on behalf of COUNTY. ATTORNEY shall notify COUNTY
in wasting 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 for or paying the actual cost of storage). ATTORNEY shall al provide
COUNTY with prompt access to (including the ability to make o copies all ATTORNEY P � files
and work product, regardless of whether the representation or matter is ongoing g g and whether
ATTORNEY fees and expenses have been paid in full.
12. DISPUTE RESMAMON
ATTORNEY and COUNTY agree that if a dispute • . . �. p apses between them that neither shall b e
required to enter into any arbitration proceedings related to this Agreement
12.1. Dis utes reizardiniz AMmeyfees r emenses
ATTORNEY and COUNTY agree that all disputes regarding ATTORNEY' f g S eeS or expenses
are to be resolved pursuant to the procedures and practices for mediation by the Attorney
Consumer Assistance Program of the Florida Bar.
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12.2. Disputes reeardina urterpretation
COUNTY and ATTORNEY 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 ATTORNEY. 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 Adm..inistrat ve procedures
In the event any administrative or le al proceeding is instituted against
� P � ag st either the COUNTY or
ATTORNEY relating to the formation, execution, performance, or breach of this Agreement,
� '
the COUNTY and ATTORNEY each agree to participate, to the extent required by the other,
in all proceedings, hearings, processes, meetings, and other activities related to the subs
tance
of this Agreement; institution of any administrative or legal proceeding shall
. S P g constitute
immediate termination of this Agreement. ATTORNEY agrees to forward copies of all
documents in his or her possession related to the matter, which i s the subject of this Agreement . .l Agr t to
C� at the time of filing any administrative or legal proceeding.
g
12.4 ATTORNEY' S Fees and Costs
In the event any administrative proceeding or cause of action is initiated or defende
d by the
COUNTY or ATTORNEY relative to the enforcement or interpretation of this Agreement,
rp gr t, 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 f s2
ee 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 REO
Any notice required or permitted under this agreement shall be in writingand hand
d delivered or
mailed, postage prepaid, to the other party by certified mail, returned receipt requested, uested, to the
following.
FOR COUNTY
Roman G astesi Suzanne A. Hutton
County Administrator and County Attorney
1100 Simonton Street 1111 12* Street, Suite 408
Key west, FL. 33040 Ivey west, FL 33040
FOR ATTQRNEY
Elinette Ruiz
Four Seasons Tower, 156'Floor
1441 Brickell Avenue
Miami, FL 33131-3407
Phone 305-536-1112
Fax 305-536-1116
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14. GOVERNING LAW AND 3mm
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 an
legal action which may arise out of or under this agreement shall be in Monroe County, Florida.
15. ENTIRE AQBEEMM
The entire agreement between the COUNTY and ATTORNEY with respect to the subject matter
hereof is contained in this Agreement. This Agreement supersedes all prior oral and written
proposals and communications between the COUNTY and ATTORNEY related to this
Agreement. No provision of this Agreement shall be deemed waived, amended or modified by
either party unless such waiver,
amendment or modification is in writing and signed by the party against whom the waiver,
amendment or modification is claimed. This Agreement shall be binding upon and inure to the
benefit of the parties hereto, their permitted successors and assigns.
16. &QRI]DA -IN-THE-SITNSHTE LAW
ATTORNEY 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. ATTORNEY agrees to consult
with the COUNTY ATTORNEY' S office concerning the application of the Sunshine Law from
time to time concerning specific circumstances that may arise during the term of this Agreement.
17. FLORIDA PUBLIC RECORDS LAW
ATTORNEY agrees that, unless specifically exempted or excepted by Florida law or Rules and
Regulations of The Florida Bar, the provisions of Chapter 119, Florida Statutes, generally �
require
public access to all records and documents which may be made or received under this
Agreement. ATTORNEY agrees to consult with the County 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.
18. NO ASSIG S
ATTORNEY 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
Y
deem necessary. This paragraph shall be incorporated by reference into an assignment or
. y �
subcontract and any assignee or subcontractor shall comply with all of the provisions of this
Agreement. Unless expressly provided for therein, such approval shall in no manner or event be
deemed to impose any additional obligation upon the Board.
19. TERMINAT IONS
Either of the parties hereto may terminate this contract without cause giving the other
. . by � g party
thirty (30) business days written notice of its intention to do so.
19.1 Documents forwaarded, toCOUNTY
ATTORNEY agrees to forward to COUNTY alongwith Notice of Termi `
nation 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 ATTORNEY' S
representation of COUNTY or obtained due to ATTORNEY" S representation of COUNTY.
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19.2 &gdQfion on Communications
ATTORNEY agrees not to communicate with the public, including the re
. P � g press, about COUNTY or
about this matter.
20. SEVERABILITY
If a terra, covenant, condition or provision of this Agreement shall be '
� declared invalid or
unenforceable to any extent by a court of competent jurisdiction, the remainingterms,
s, 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 ceab e
to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants,
conditions and provision of this Agreement would prevent the accomplishment of the ' '
intent f F e original
o this Agreement. The CO and ATTORNEY agree to reform the . .. �' Agreement to
replace any stricken provision with a valid provision that comes as close as os i p s ble to the intent
of the stricken provision.
21. CAPTI NS
The captions set forth herein are for convenience of reference only and shalt not define,
modify, or limit any of the terms hereof.
22. LEGAL OBLIGATIONS AND RE SP NSIBILITIE&NoN-DELE
ATI N OF
CONSTITU1110N.AL OR STATUTORY DUTIE
This Agreement is not intended to relieve, nor shad it be construed as relieving, either the
COUNTY or ATTORNEY from any obligation or responsibility imposed P ty F upon each by law
except to the extent of actual and timely performance thereof b the other, in which
. Y ch case the
performance may be offered in satisfaction of the obligation or r responsibility. .
.esp ity. Further this
Agreement is not intended to authorize, nor shalt it be construed as authorizin the
g, delegation
of
the constitutional or statutory duties of the COUNTY,except to the extent " ep ent permitted by the
Florida Constitution, state statutes, case law, and, specifically, the rovi i . provisions of Chapter 125,
Florida Statutes.
23. RECORDS,
ATTORNEY shalt maintain all books, records, and documents directlypertinent P ent to performance
under this Agreement, including the documents referred to in this Agreement, .
Agr ent, in accordance with
generally accepted accounting principles, consistent) lied. Upon ten
y applied. p (10) business days
written notice to the other, representatives of either the COUNTY or ATTORNEY
shall have
access, at all reasonable times, to all the other 's books records
• ply ,correspondence,
instructions, receipts, vouchers and memoranda(excluding corn uter sofare . .work ,P )pertaining to
under this Agreement for the purpose of conduct a complete independent •
A mg p ependent fiscal audit.
ATTORNEY shall retain all records required to be k under this . kept Agreement for a minimum of
five years, and for at least four years after the termination of this agreement. ATTORNEY shall
keep such records as are necessary to document the performan
ce e of the agreement and expenses
as incurred, and give access to these records at the request of the COFloridaor � ,the State of Flon
authorized agents and representatives of said government bodies. I responsibility
ATTORNEYg t is the responsibility of
to maintain appropriate records to insure a proper accounting .
p p tang of all collections and
remittances. ATTORNEY shall be responsible for repayment y a ent of n . a and all audit exceptions
whichep
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.
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24. PUBLIC ACCESS
The COUNTY and ATTORNEY shall allow and permit reasonable access to and inspection o
all documents, papers, letters, or other materials subject to the Florida Public Records Lave
provided in Chapter 119, Florida Statutes and made or received by the them, unless specifically
y
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 ATTORNEY.
25. MONROE COUNTY CODE ETHICS PR VISION
ATTORNEY warrants that he or she has not employed, retained or otherwise had act on his
behalf any former COUNTY officer or employee in violation of Section 2 of Ordinance No. 10-
1990 or any COUNTY officer or employee in violation of Section 3 of Ordinance No. 10 1990.
For breach or violation of this provision the COUNTY may, at its discretion, terminate this
Agreement without liability and may also, at its discretion, deduct from the sums owed under the
Agreement, or otherwise recover, the full amount of any fee, commission, g�'f�f or
percentage,
consideration paid to the former or present COUNTY officer or employee. CO employees
to P Y
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 ones agency, unauthorized compensation, and misuse of public position,conflicting
employment or contractual relationship, and disclosure of certain information.
26. 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
y
leases of real property to public entity, may not be awarded or erform work as a contractor
. P ,
supplier, sub contractor, or consultant under a agreement with any public entity,and may not
transact business with any public entity in excess of the threshold amount provided in Section
287.017, for CATEGORY TWO for a period of thirty-six (36) months from the date of being
placed on the convicted vendor list. ATTORNEY warrants the neither ATTORNEY nor any
authorized time keeper has been named to the convicted vendor list.
27. ANTI -KICKBACK
ATTORNEY warrants that no person has been employed or retained to solicit or secure this
Agreement upon any contract or understanding for a commission, percentage, brokerage or
• P � g
contingent fee, and that no employee or officer of the COUNTY has any interest financially y 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 liabi l ity or, in its
discretion, to deduct any sums to be paid by COUNTY under this Agreement, or otherwise
se
recover, the full amount of such commission, percentage, brokerage or contingent fee.
28. MO-D CATIONS AND AhMnAffi*NTS
This Agreement may not be modified in any way without the express, written cons
ent sent 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 Co and
- � by
ATTO
RNEY in the same manner as this Agreement.
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29. INDEPENDENT CONTRACTOR
At all times and for all purposes hereunder, ATTORNEY is an independent contra
ctor actor and not an
employee of the Board of County Commissioners of Monroe County. No statement contained ty o taYned . �n
this Agreement shall be construed so as to find ATTORNEY or an of the - .
y authorized time
keepers, to be the employees of the Board of Co Commissioners of Monroe
. �y ae County, and
they shall be entitled to none of the rights, privileges or benefits of employees
of Monroe
County.
30. _CQMPLJ ,...
ANTE WITH ,LAB
In carrying out ATTORNEY' S obligations under this agreement,
greement, ATTORNEY shall abide by all
statutes, ordinances, rules and refutations pertaining 8 ining to or regulating the provisions of this
•
Agreement, including those now in effect and hereafter adopted. An violation of said Pt y statutes,
ordinances, rules or regulations shall constitute a material breach of this Agreement eem n
t and shall
entitle COUNTY to terminate this Agreement immediately upon delivery of written
. Y P ery en nonce of
ternfination to ATTORNEY.
31. LICEN IN�ir
ATTORNEY warrants that ATTORNEY and additional timekeepers do presently tly have, shall
have prior to commencement of work under this Agreement, and at all times duringsaid work,
all required licenses and permits whether federal, state, County or City.
rty
32. NON-DISCRUvIENATION
ATTORNEY agrees that he or she will not discriminate. . against any person, and �t is expressly
understood that upon a determination by a court of competent jurisdiction that discn
natnon has
occurred, this Agreement automatically terminates without an further action on the e part of any
party, effective the date of the court order. ATTORNEY agrees to comply with all
. �' p y 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
$� LPL 58-352) winch
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 f 0 1973, as amended
(20 USC s. 794), which prohibits discrimination on the basis of handi • caps, 4) The Age
Discrimination Act of 1975, as amended (42 USC ss. 6101-61 which rohi ` .
'1) p bits dYscmm�nat�on
on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972
LPL 92-255), as
amended, relating to nondiscrimination on the basis of dru abuse• $ 6 } The Comprehensive
Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation
Act of 1970 LPL 91-
616), as amended, relating to nondiscrimination on the basis of alcohol abuse- or alcoholism, 7)
The Public Health Service Act of 19122 ss. 523 and 527 USC ss. 69pd -
(42 d 3 and 290ee-3), as
amended, relating to confidentiality of alcohol and drug abuse patent records; S
p } Title vIII of the
Civil Rights Act of 1968 (42 USC s. et seq.), as amended relating to nondiscrimination .
. s �$ dnscnminat�on in the
We, rental or financing of housing; 9) The Americans with Disabilitie
s Act of 1990 (42 USC S.
1201 Note), as maybe amended from time to time, relatingto nondiscrimination '
disability; m nation on the basis of
lity; 1 0) Monroe County Code Chapter 13, Article which prohibits ' �, p bits d�scnnunation on
the basis of race, color, sex, religion, national on ' ancestry, se 'Identity
. .. $in, airy, sexual orientation, gender identity
or expression, familial status or age; 11) Any other nondiscrimination provisions in
or state statutes which p any Federal
c may apply to the parties to, or the subject matter oC this Agreement.
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21612009 KMP
13 . 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 ATTORNEY agree that neither the
COUNTY nor ATTORNEY or any officer, agent, or employee of each shall have the authority
to inform, counsel, or otherwise indicate that any particular individual or group of individuals,
entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior
to, or superior to the community in general or for the purposes contemplated under this
Agreement.
34. ATTESTATIONS
ATTORNEY agrees to execute such documents as the COUNTY may reasonable require,
including a Drug -Free Workplace Statement, and a Public Entity Crime Statement.
35. 'COUNTY AUTHORITY
This Agreement has been duly noticed at a legally held public meeting conducted in Monroe
County, Florida. CO ' S performance and obligation to pay under this contract, is
contingent upon annual appropriation by the Board of County Commissioners.
36. HOLD HARMLESS AND INSURANCE
Prior to the commencement of work governed by this contract, the ATTORNEY shall obtain
General Liability Insurance. Coverage shall be maintained throughout the life of the contract
and include, as a minimum:
• Premises operations
• Bodily Injury Liability
• Expanded Definition of Property Damage
The minimum -limits acceptable shall be:
$3 00, 000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$100, 000 per Person
$300,000 per Occurrence
$ 501,000 Property Damage
An occurrence Form policy is preferred. If coverage is provided on a Claims Madepolicy,its
..
provisions should include coverage for claims filed on or after the effective date of this contract.
In addition, the period for which claims may be reported should extend for a minimum of twelve
(12) months following the acceptance of work by the County.
The Monroe County Board of County Commissioners shall be named as Additional Insured on
all policies issued to satisfy the above requirements.
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'Vehicle Liabi & Insurance requirements
Recognizing that the work govemed by this contract requires the use of vehicles, the
ATTORNEY, prior to the commencement of work, shall obtain Vehicle Liability Insurance.
Coverage shall be maintained throughout the life of the contract and include, as a minima
liability coverage for.
a Owned, Non -Owned, and Hired Vehicles
The minimum limits acceptable shall be:
$100, 000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$ 501,000 per Person
$100, 000 per occurrence
$ 251,000 Property Damage
The Monroe County Board of County Commissioners shalt be named as Additional Insured on
all policies issued to satisfy the above requirements.
worke ' Com ensa ' n Insurance -Reauirements
Prior to commencement of work governed by this contract the ATTORNEY shall obtain
Workers' Compensation Insurance with limits sufficient to respond to the applicable state
statutes.
In addition, the ATTORNEY shall obtain Employers' Liability Insurance with limits of not less
than:
$100,000 Bodily Injury by Accident
$500,000 Bodily Injury by Disease, policy limits
$100,000 Bodily Injury by Disease, each employee
Coverage shall be maintained throughout the entire term of the contract.
Coverage shall be provided by a company or companies authorized to transact business in the
state of Florida.
Professional Liability Reauiremenb
Recognizing that the work governed by this contract involves the f ll- ishin of advise '
g se or services
of a professional nature, the Attorney shall purchase and maintai throughout
n, gh t the life of the
contract, Professional Liability Insurance which will respond to damages resulting from
g g any
claim arising out of the performance of professional services or an error '
y or omission of the
Contractor arising out of work governed by this contract.
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• The minimum limits of liability shall be.
$2501,000 per occuffencel$500,000 Aggregate Prior to execution of this agreement, FIRM shall
furnish 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 CO ' S request at an time
during the term of the Agreement.
� Y
37. 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
A P Y
Agreement or be subject to any personal liability or accountability by reason of the execution of
this Agreement.
3 8. EXECUTION IN COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which shall be regarded
.eg ded
as an original, all of which taken together shalt constitute one and the same instrument and the
COUNTY and ATTORNEY may execute this Agreement by signingan such counterpart.
Y �"p
SS WHEREOF, the parties hereto have executed this eem
Agr ent on the day
'tten above.
V
BOARD OF COUNTY COMMIsSIONERS
OF MONROE COUNTY, FLORIDA
. f ' DrANNY L. KOI�HAOE, CLERK
VCBJV �
r •
Mayor
eputy Clerk
Witness ATTORNEY:
S' nature
"s 11A,*
Print Name
4Adjrre2ssZ
?33 16
DATE: ! 0
vi O N RO E C.I.. � � ,: ,-TY
_.
'
i ..
a,,s
-n
r '
P ROV 'I>�=
c-�
r n
�
a
UZ�
N'
lop
ATTORNEY:
c��c
crn
a►_ _,
Signature
J/Ze.o6
Print Name
nA�9/'0�?o
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