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Item G30Meeting Date: November 20, 2013 Division: Airports Bulk Item: Yes X No — Department: Florida Ke ys Marathon Airport KXN 040107111 V 1510 Wfffl 19 11101 0 . 1 N ^ W . , !A - . I I 11,110.161 W It W.. is $111111ya IF F-11, "I'M40 il rQK4 RM ORTNQ F PREVIOUS RELEVANT BOCC ACTION: Original proposal approved on May 18, 2011. Original agreement approved on June 15, 2011 and renewed June 2012. CONTRACT/AGREEMIENT CHANGES: None F40AWM-1 41-304i aA COST TO COUNTY: $603.32 monthly + minor repairs to $500 SOURCE OF FUNDS: Airpo Operating Fund REVENUE PRODUCING: Yes No X AMOUNT PER MONTH Year 1 111 1 Attn//, APPROVED BY: County �/ OMB/Purc%sing Yes Risk Manager es DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM # Revised 7/09 Contract with: Conch Wastewater, Inc. Contract # Effective Date: July 1, 2013 Expiration Date: June 30, 2014 Contract Purpose/Description: Operation and Maintenance of Domestic Wastewater Facility at Florida Keys Marathon Airnort Terminal If" -ontract Manager: Don DeGraw (Name) ror BOCC meetine- on 11/20/20 f060 (Depar ..7,trnent/Stop Total Dollar Value of Contract: $ 7,239.84 Current Year Portion: $ 3,016.66 Budgeted? YesE No F-1 Account Codes: 403-63501-530-340- Grant: $ County Match: $ ADDITIONAL COSTS Estimated Ongoing Costs: $____jyr For: (Not included in dollar value above) (eg. m�i�ntenance, 'utilities, janitorial, salaries, etc.) 1404111, 1 1.72M 3:3 M Changi ,I�/n Neede Division Director PYes[:] N Risk Management YesEl N O.M.B./Purchasing Yes[:]Noo County Attorney Yes[] No Date Out 1. -j Oliqf number 07535399-3 Underwritten by: Progressive Express Ins Company October 3, 2013 Pagel of 1 •I IWItOil Cer0cate Holder insured Agent �d k14 *�W�fM&Eki k ..... ... .................... *�66*WxSf tw4fbili'lk ............................. .................. 30375 QUAI LROOST TRA 30375 QUAILROOST TRA 13155 SW 42ND ST BIG PINE KEY, FL 33043 BIG PINE KEY, FL 33043 MIA I, FL 33175 0 M Iss r r r s r sJ, M, MIMMt "j. named above for the period(s) indicated. This Certificate is issued for information purposes only. It confers no rights upor the certificate holder and does not change, alter, modify, or extend the coverages afforded by the policies listed below. CMX-t&- f *Pmjookrles-kctpr s i'W-. conditions of these policies. =jy EiVective D. Aug 2, 2013 IPOIA1331�• � , Ml M Insurance coverage(s) urnits Bodily *I*n*j: u*r,y*/,P* *ro** p**e, r*t,y ... Damage ','..... .................. . ..... 0*'00*,'6`0"0 ...Combined"'S' in"g, leL'imi't " .......................................................... Uninsured M 'n' s"u, r' e-' * " 'oo ' i- Mot orist 's't ......... * ........ C''S'L"Non d '-'S't"a'c'k"e',- �**** ... — ......................... .......... .......... .. * ...................................... ............... Personal -' '* injury * * Protection $10,000 w/$O Ded - Named Insd & Relative Description of Location/Vehicies/Spedal Items Scheduled autos only ................................................... I ............................................. ...... ........ 1995 FORD F SUPER DUTY 1 FDLF47G95EA28239 ......................................................................... ................. ....... ......... .............. ...... 1995 MAZDA B2300 4F4CR1 2A3STMl 5336 . . . . .... ... ........ .. ... ... . ... . ...... .. . .... . .. ..... 1998 . C HRYS L ER TOWN & COUNTRY 1 C4GP 64 L 1 WEI 5 71 236 Form 5241 (10102) ACOPR CERTIFICATE LIABILITY INSURANCE DATEIMWODIY" 11/04/13 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED FtEPRE:SENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the pollcy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such andomement(s). PRODUCER CONTACT HerTdaphere Insurance Group (305) 501-2801 e ; 305) 553-9010 11401 SW 40 St Ste 340 DeEes: hemisphereinegrp®aol.com MISM, FL 33165 .._.___•-•---_-•--- ----_ r-none taUD) oui-zuuT Fax (305) 553.9010 INSURER A: ATLANTIC CASUALTY INS COMP INSURED INSURER S : Conch Wastewater, Inc. I BUR C: 89 INDUSTRIAL RD INSURER D: BIG PINE KEY, FL33043 INSUR�ERE: _ INDICATED. NOTWITHSTANDING ANY CY PERIOD REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TOIWHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS_ GENERAL LIABILITY ® COMMERCIAL GENERAL. LIABILITY A ❑ ❑ CLAIMS -MADE ® OCCUR El Cl GEN'L AGGREGATE LIMIT APPLIES PER AUTOMOBILE LIABILITY ❑ ANYAUTO ❑ AUTOS OWNED ❑ SCHEDULED ❑ HIRED AUTOS ❑ NON -OWNED AUTOS ❑ UMBRELLA LIAD OCCUR n EXCESS UAS I� I rr, ewc- — AND EMPLOYERS' LIABILITY ANY PROPRIETOMPARTNERIEXECUTIVEI M OFFICERIMEMBER EXCLUDED? - : N I A (Mandatory In NHI L144000691-2 03/30/2013 103130/2014f PERSONAL a A_DV DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Ansch ACORD 101, Add l and Rarrmfka SCvaduls, If morn spew is requlrad) ! MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AS ADDITIONAL INSURED. i I CERTIFICATE HOLDER faeaBPel I MTIW.1 11 OVERSEAS SUITE t MARATHON, - ,. AUTHORIZED REPRESENTATME E L. O;SEASE • POLICY ,�5tate of jftortba Department of eubtroutuenta( J�rotertton ISSUED: 3/8/2013 LICENSE NO.: 0007936 THE CLASS C WASTEWATER TREATMENT PLANT OPERATOR NAMED BELOW IS LICENSED UNDER THE PROVISIONS OF CHAPTER 403, FLORIDA STATUTES. gi 01012 of■ I I ili�fm 11 GOVERNOR DISPLAY IS REQUIRED BY LAW SECRETARY 2012 / 2013 MONROE COUNTY BUSINESS TAX RECEIPT EXPIRES SEPTEMBER 30, 201X,! Lf 'RQA� RECLI PI # "0 '40 103 1013 Lousiness Narne, CONCH WASTEWATER IN( umz_ 3 Owner Name: JEFFERY C SHARP 1,0175 QUAl L. 1100S I Mailing Adijress: 30375 QUAIL ROOS TRAL BIL, PINE KEY - FL 3 04j � BIG PINE KEY, vL 330431 Bw,,iness Phoney _015, 522 2830 _N' Btjsjnr_,ss (--ONIRACTORS k'WAS-!EWA'I'�-R'li,,;,NlrlI F,'LAN I 0F'l.'RA-l0R) Roams Seats Employees Machines Stalls STATE LICCUSE.007936 - ------ - For Vending Business Only Number of Machines.ines� Van ding'T Tie: Sub -Total ')(�jjajty Prio!'Yearf, 1C.allection Cost Tokal wd Tax Aniouril: Etarisfer Eye 0 "A 0�00 '0�00' 20.00-1 'u'.00 I 20. 0_ Paid Paid 118-11-00003989 08 / 2 8 / 2 012 20.00 THIS RECEIPT MUST BE POSTED CONSPICUOUSLY IN YOUR PLACE OF BUSINESS THIS BECOMES ATAX RECEIPT Danise D. Henriquez, CFC, Tax Collector THIS IS ONLY A TAX. West, FL 33041 YOU MUST MEET ALL WHEN VALIDATED PO Box 1129, Ke,v COUNTY AND/OR MUNICIPALITY PLANNING:) AND ZONING RFQUIREMENTS WATEWATER TREATMENT PLANT MAINTENANCE AGREEMENT CONCH WASTEWATER, INC. FLORIDA KEYS MARATHON AIRPORT THIS AGREEMENT made this 20th day of November, 2013 (the "Agreement Date") by and between Conch Wastewater, Inc., also termed herein as "Conch Wastewater" (hereafter "Consultant/Contractor") whose address is 89 Industrial Avenue, Big Pine Key, Florida 33043 and Monroe County Board of County Commissioners, whose address is 1100 Simonton Street, Key West, Florida 33050 (hereafter "County"); WHEREAS, Conch Wastewater, Inc. is engaged in the business of Wastewater Treatment operations, Consulting Services, Maintenance, Sample Collection and placement of wastewater operators and related services ("Services"); WHEREAS, the County desires to memorialize its Agreement to engage Conch Wastewater, Inc. to provide Services for the County at the County's Marathon Airport (FLA014709) facility; WHEREAS, Conch Wastewater, Inc. desires to be a provider of Services for the County and to provide such additional services as set forth below; NOW THEREFORE in consideration of the promises, and of the mutual covenants to be legally bound hereby, the parties hereto agree as follows: 1. DUTIES OF CONSULTANT A. SCOPE OF WORK Consultant shall provide to the County all Department of Environmental Protection (DEP) requirements stipulated in the Operating Permit (attached Exhibit A) for the Marathon Airport (FLA014709) WVVTP in order to operate the facility efficiently and reliably, and to maintain the facility according to the Permit. The Consultant shall invoice the County on a monthly basis at the fee schedule rate of $603.32. These contractual services shall be provided on an annual basis commencing on July 1, 2013 through June 30, 2014. Consultant acknowledges that the County is mandated under law to connect to the City of Marathon central sewer system upon notice to the County by the city of Marathon that the central sewer system is available. Therefore in accordance with the provisions of article 2 of this agreement the County may terminate this agreement without penalty and without any further obligations to Consultant upon 60 days written notice. The County shall not be liable for any costs incurred by Consultant after the effective date of termination. Comply with all conditions specified within the current Permit for this facility. Comply with all DEP rules, and County and Local regulations pertaining to the operations and maintenance of wastewater facilities, systems of treatment and control, and related appurtenances. Notify the County, by written notice, of changes in DEP rules, County and Local regulations, as they apply to the plant permitting or operations Provide Discharge Monitoring Report preparation on a monthly basis as required by the Permit Conditions, DEP regulations, and local and county regulations. Assist the County in interpretation of sample data submitted by the certified laboratory on an as needed and as requested basis. Provide pumping service, including emergency standby pumping service for the facility as needed to maintain the facilities operations and compliance. Pumping Services shall include, but not limited to, emergency pumping and shall be billed to the County directly for payment. Provide emergency standby service for the facility as required by the Permit and DEP regulations Repair minor electrical, plumbing and pump station equipment and controls at the cost of $500.00 or below. For any repairs in excess of $500.00, a proposal of repairs shall be submitted to the County for approval, and scheduled accordingly. HOLIDAYS.EXCLUDING ALL 10.2;&I111kyj1_,19%te- W610 Labor • Principal @ $75.00/hr as requested • DR Preparation @ $45.00/hr minimum one hour per month • Handling fee for parts required for operations, maintenance, repairs and emergency service @ Costs+20% • Overtime and Holiday hourly rates for staff shall be time and half accordingly. • Pump Out Service provided by Conch Wastewater at $0.37 per gallon, and fuel surcharge if applicable. Material and Reimbursable Costs (as needed) • Costs+20% PA010,305i 11►/:1�1 ll► Conch Wastewater, Inc. may terminate this contract with cause, with 24 hour written notice delivered to Client via fax, causes include but are not limited to; non-payment of services as contracted, Clients inability to make necessary repairs to maintain compliance with existing Permit requirements, breach of term and/or terms of the contract, etc. Said Termination shall release Conch Wastewater, Inc. of any further obligations under the contract. Either Party hereto may cancel this agreement without cause by giving the other party sixty (60) days of written notice of its intention to do so with neither party having any further obligation under the terms of the contract upon termination. Conch Wastewater, Inc. is aware of the client's intention to tie in to the municipal sewer system. Per your permit (FLA014709), page 11, paragraph 15, The permittee shall give the DEP written notice at least 60 days before inactivation or abandonment of a wastewater facility and shall specify what steps will be taken to safeguard public health and safety during and following inactivation or abandonment. (62- 620.610(15)) Conch Wastewater, Inc asks that you notify us at the same time you notify the DEP in order to terminate this agreement. 2 Consultant will invoice County monthly, in arrears, for services provided in accordance with this Agreement. County shall pay in accordance with the Florida Local Government Prompt Payment Act F.S.218.735; payment will be made after delivery and inspection by County and upon submission of invoice by Consultant acceptable to the Clerk of Courts. 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. Payment not received within the terms stipulated will be considered in default and the County will be obligated to pay interest at the rate of 1.5%(18% APR) per month for all balances not paid within 30 days and accept an increase in the Consultant's bill rate, and certain services may be interrupted. In the event a portion of any invoice is disputed, the undisputed portion shall be paid. County acknowledges and agrees that in the event a non-exempt Consultant works more than forty (40) hours in any work week for County, the Federal Labor Standard Act requires that Employee's and Consultant be compensated at the hourly rate of time and one half for such overtime hours. County agrees to pay Consultant for all such overtime payments earned by its non-exempt Employee's and Consultants. M�tlMII•M County will maintain facility secure, only authorized personnel will be admitted; authorized personal is defined as County, DEP representatives, and Conch Wastewater representative. County will not alter or modify process control without consulting/notifying Conch Wastewater and or Conch Wastewater representative. Notwithstanding any minimum insurance requirements prescribed elsewhere in this Agreement, Consultant agrees to defend, indemnify and hold the County and the County's elected and appointed officers and employees harmless from and against (i) any claims, actions or causes of action, (ii) any litigation, administrative proceedings, appellate proceedings, or other proceedings relating to any type of injury (including death), loss, damage, fine, penalty or business interruption, and (ill) any costs or expenses (including, without limitation, costs of remediation and costs of additional security measures that the Federal Aviation Administration, the Transportation Security Administration or any other governmental agency requires by reason of, or in connection with a violation of any federal law or regulation, attorneys' fees and costs, court costs, fines and penalties) that may be asserted against, initiated with respect to, or sustained by, any indemnified party by reason of, or in connection with, (A) any activity of Consultant or any of its employees, agents, contractors or other invitees on the Airport during the term of this Agreement, (B) the negligence or willful misconduct of Consultant or any of its employees, agents, contractors or other invitees, or (C) Consultant's default in respect of any of the obligations that it undertakes under the terms of this Agreement, except to the extent the claims, actions, causes of action, litigation, proceedings, costs or expenses arise from the intentional or sole negligent acts or omissions of the County or any of its employees, agents, contractors or invitees (other than Consultant). Insofar as the claims, actions, causes of action, litigation, proceedings, costs or expenses relate to events or circumstances K that occur during the term of this Agreement, this section will survive the expiration of the term of this Agreement or any earlier termination of this Agreement. UM10V 10 -bift"I County agrees that it will not entrust Employees and Contractor/Consultants with unattended premises Le; cash, checks, negotiable instruments or other valuables without the prior written agreement of Contractor/Consultant, and then only under County's direct supervision. M-Lem Masi aj 518YA x In LIN drel ou-01 al its) a I County acknowledges that the Consultant is an Equal Employment Opportunity employer and agrees that it shall not harass, discriminate against or retaliate against any Employee or Consultant because of his or her race, national origin, age, sex, disability, marital status or other category protected by law. Consultant shall provide commercial general liability insurance coverage in the amounts of$1,000,000.00 each occurrence/$2,000,000.00, general aggregate. The Monroe County Board of County Commissioners, Monroe County, Florida shall be named as additional insured. to] kyj Lei C]IM a WIN Consultant shall provide automobile liability insurance coverage for the Consultant's vehicles in the amount of $1,000,000.00, combined single limit, each accident. The Monroe County Board of County Commissioners, Monroe County, Florida shall be named as additional insured. Consultant shall provide workers' compensation insurance coverage for the Consultants but County retains the right to direct and control the work of the Consultants. The parties agree to immediately notify each other of any injury or accidents or any claim for workers compensation benefits involving the Consultants assigned to County's facility. No provision of this Agreement may be amended or waived unless such amendment or waiver is agreed to in writing and signed by the parties. The waiver by either party of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach hereof. 11. INEFFECTIVE PARTS If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, M shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The County and the Consultant agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. lf►IWWL o u This Agreement contains the entire understanding between the parties hereto and supersedes all prior agreements and understandings relating to the subject matter hereof, and may be modified only in writing executed by the parties. To the extent necessary to provide Consultant with the full and complete benefit of this Agreement, the provisions in this Agreement and the obligations of the County hereunder shall survive the termination of this Agreement and shall not be affected by such termination. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the County and the Consultant agree that venue will lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. The County and the Consultant agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of them the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. Consultant shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Each party to this Agreement or their authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for four years following the termination of this Agreement. If an auditor employed by the County or the Clerk of Court determines that monies paid to Consultant pursuant to this Agreement were spent for purposes not authorized by this Agreement, the Consultant shall repay the monies together with interest calculated pursuant to Sec. 55.03; FS, running from the date the monies were paid to Consultant. The County and the Consultant agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, court costs, investigative, and 5 out -of- pocket expenses, as an award against the non -prevailing party, and shall include attorney's fees, courts costs, investigative, and out-of-pocket expenses in appellate proceedings. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. 17. BINDING EFFECT The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the County and Consultant and their respective legal representatives, successors, and assigns. 18. AUTHORITY Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. C Consultant and County agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. County and Consultant agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If no resolution can be agreed upon within 30 days after the first meet and confer session, the issue or issues shall be discussed at a public meeting of the Board of County Commissioners. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, the County and Consultant agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. County and Consultant specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. The Consultant agrees that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. The Consultant 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 patient 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) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. County and Consultant covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that the 7 only interest of each is to perform and receive benefits as recited in this Agreement. ►. # I A UOTO a V No County agrees that officers and employees of the County recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. The County and Consultant warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the Consultant agrees that the County shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. The County and Consultant shall allow and permit reasonable access to, and inspection of, all documents, papers, letters or other materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and Consultant in conjunction with this Agreement; and the County shall have the right to unilaterally cancel this Agreement upon violation of this provision by Consultant. Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the County and the Consultant in this Agreement and the acquisition of any commercial liability insurance coverage, self- insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the County be required to contain any provision for waiver. All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the County, when performing their respective functions under this Agreement within the territorial limits of the County shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the County. M. Non -Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the County, except to the extent permitted by the Florida constitution, state statute, and case law. 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 the Consultant agree that neither the County nor the Consultant or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. Consultant agrees to execute such documents as the County may reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug -Free Workplace Statement. No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by singing any such counterpart. Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. 35. MUTUAL REVIEW This agreement has been carefully reviewed by the Consultant and the County, therefore this agreement is not to be construed against either party on the basis of authorship. 0 IN WITNESS WHEROF, the parties have caused these presents to be executed by their respective officer or representative thereunto duly authorized the day and year first written above. (SEAL) ATTEST: AMY HEAVILIN, CLERK M Clerk M BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA LIM Mayor/Chairperson CONCH WA�5JL ATER, INC. By Print Name 06"'C"< Title TAMW LAMARCHE 0 MY COMMISSION # EE 880173 EXPIRES: July 4, 2017 0 Bonded Thru Budget Notary Services 401 > -4j{3 M PEDP� ' ASSISTANI COt j; j Ere