Item M8BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: February 16, 2011 Division: County Administrator
Bulk Item: Yes x No Staff Contact Person/Phone #: Roman Gastesi/292 -4441
AGENDA ITEM WORDING:
Approval of an agreement between Monroe County Board of County Commissioners and
Gray/Robinson, P.A. for lobbying services during the 2011 legislative session.
ITEM BACKGROUND:
Monroe County faces many potential challenges with respect to proposed state legislation in 2011,
particularly regarding environmental and fiscal issues.
PREVIOUS RELEVANT BOCC ACTION:
8/19/09 - BOCC approved Agreement with Gray/Robinson, P.A.
CONTRACT /AGREEMENT CHANGES:
Effective upon execution and beginning February 17, 2011 and continuing for six months unless earlier
terminated by either the BOCC or the Gray/Robinson, P.A.
STAFF RECOMMENDATIONS:
Approval
TOTAL COST: $5,000per month INDIRECT COST: BUDGETED: Yes No x
DIFFERENTIAL OF LOCAL PREFERENCE:
COST TO COUNTY: SOURCE OF FUNDS:
REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year
APPROVED BY: County Atty urchasing Risk Management
DOCUMENTATION: Included Not Required_
DISPOSITION: AGENDA ITEM #
Revised 7/09
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Gray/Robinson, P.A. Contract #
Effective Date: February 17, 2011
Expiration Date: August 17, 2011
Contract Purpose/Description:
Approval of an agreement between Monroe County Board of County Commissioners
and Gray/Robinson, P.A. for lobbying services during the 2011 legislative session.
Contract Manager: Roman Gastesi 4441 County Administrator/ Stop #1
(Name) (Ext.) (Department/Stop #)
for BOCC meeting on 02/16/11 Agenda Deadline: 02/01/11
CONTRACT COSTS
Total Dollar Value of Contract: $ 30,000.00 Current Year Portion: $
Budgeted? Yes[] No ® Account Codes: 001- 00101 - 530310 -
Grant: $ - - -
County Match: $ - - -
Estimated Ongoing Costs: $_
(Not included in dollar value above
ADDITIONAL COSTS
/yr For:
(eg. maintenance, utilities,
, salaries, etc
CONTRACT REVIEW
D4te In
Division Director /
Risk Management
B./Purchasing
Attorney
Comments:
Chang
Neede
Yes❑ N
Yes❑ N
Yes❑ N
Yes[ No❑
Date Out
OMB Form Revised 2/27/01 MCP #2
LOBBYING AGREEMENT
BETWEEN MONROE COUNTY AND
GRAY/ROBINSON, P.A.
THIS AGREEMENT, made and entered into this 16th day of February, 2011, by and between the
BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, ( "COUNTY "), a
political subdivision of the State of Florida whose address is 1100 Simonton Street, Key West,
Florida 33040, and GRAY/ROBINSON, P.A. ( "FIRM").
WHEREAS, the FIRM was contracted in 2009 to provide lobbying services related to the
Monroe County legislative program during the 2010 session of the Florida Legislature; and
WHEREAS, Monroe County faces many potential challenges with respect to proposed state
legislation in 2011, particularly regarding environmental and fiscal issues; and
WHEREAS, it is deemed in the best interests of the taxpayers and citizens of Monroe County
to be as proactive as possible during the 2011 legislative session; and
NOW THEREFORE, in consideration of the mutual covenants and provisions contained herein, the
parties agree as follows:
THF. C'T.TF.NT
The Client is the COUNTY. 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. If FIRM practices with others who may
also provide services to COUNTY, he or she understands that COUNTY expects that FIRM will be
responsible for managing the representation, assuring compliance of others with the terms of this
Agreement and ethical requirements, preparing and substantiating all bills, and communicating with
COUNTY. FIRM may not delegate or outsource this work without full written disclosure to, and prior
written approval from, the COUNTY.
3. TERM OF AGREEMENT
This Agreement and representation by FIRM is effective upon execution by FIRM and acceptance
and approval by COUNTY in accordance with COUNTY'S policies, ordinances, or governing
statutes. Upon execution by FIRM and acceptance and approval by COUNTY, this Agreement will
begin February 17, 2011. The representation shall continue for six months unless earlier terminated
by either the COUNTY, or by the FIRM in accordance with ethical requirements and/or the terms of
this Agreement.
Gray/Robinson Lobbying Ag.
4. SCOPE OF THE WORK
This Agreement for services is in addition to the agreement currently held under a Professional
Services Agreement entered July 19, 2006, and amended on June 20, 2007, and February 17, 2010,
for the purpose of litigation, appellate works and legal advice regarding employee benefits.
The scope of services will include lobbying services related to the Monroe County legislative
program. The FIRM (LOBBYIST) shall work closely with the County Administrator or his designee,
or in the absence of either, the County Attorney, and will provide, at a minimum, the following
services:
(A) Regularly provide County staff and the Board of County Commissioners with any new
information, and actively seek opportunities to enhance the County's State and federal legislative
program and provide options as to legislative strategy when necessary;
(B) During the legislative session, provide the County Administrator with regular reports
of legislative activities related to this Agreement;
(C) Draft legislation, appropriations requests, and amendments as necessary;
(D) Lobby for Monroe County's position on legislative matters including lobbying
officials and agency representatives, and legislators and staff, and testify on behalf of Monroe County
at hearings before legislative committees;
(E) Maintain close working relationships with Monroe County staff;
(F) Provide regular briefing reports to the Board of County Commissioners as requested
by the Board.
4.1 Professional ability to perform work, appointment of contract manager
FIRM warrants that he or she is authorized by law to engage in the performance of the activities
herein described, subject to the terms and conditions set forth in these contract documents. FIRM
shall designate an individual to be the contract manager for each matter and the contract manager
shall at all times exercise independent, professional judgment and shall assume professional
responsibility for the services to be provided. FIRM warrants that he or she and the authorized 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 law firm, FIRM warrants
that he or she is authorized to enter into this Agreement on behalf of the FIRM. The FIRM's contract
manager shall be Henry Dean.
5. REVIEW OF ETHICAL OBLIGATIONS AND POTENTIAL'CONFLICTS OF INTEREST
BEFORE INITIATING REPRESENTATION
FIRM has conducted a thorough investigation and determined that neither FIRM nor his or her
representatives has any ethical impediment, real or potential, including but not limited to conflicts of
interest, to representing COUNTY. To the extent that any ethical impediment, real or potential, is
discovered or ever arises, FIRM shall immediately inform COUNTY in writing of the impediment
(regardless of whether FIRM believes he or she has taken all steps necessary to avoid the impediment and
Gray/Robinson Lobbying Ag. 2
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
6.1 MONTHLY FEE. The FIRM will be paid the sum of $5,000 per month, pursuant to the
Florida Local Government Prompt Payment Act, after receipt of an invoice issued monthly by FIRM
within fifteen (15) days after the close of each month. FIRM understands that COUNTY requires
prompt bills in part to facilitate effective management of the representation and fees. Due to the need
for flexibility and adaptability in meeting with State and/or Federal officials and diversity of
situations in which lobbying services are provided, the fee shall not be based on an hourly rate. For
any partial month of services, the fee shall be pro -rated to the fraction of the month during which
services are rendered.
6.2 SUBMISSION OF INVOICES. The FIRM shall submit to COUNTY invoices with
supporting documentation acceptable to the Clerk. Acceptability to the Clerk is based on generally
accepted accounting principles and such laws, rules and regulations as may govern the Clerk's
disbursal of funds.
The FIRM may only use qualified personnel to perform the services required of it under the contract.
It is understood that the COUNTY's selection of the FIRM for this contract is based in part on the
abilities of the persons who are expected to provide services under this agreement. The parties expect
that the following individuals will perform those services, but the FIRM may use any qualified
personnel deemed appropriate by the FIRM to conduct the services contemplated hereunder:
A.
Henry Dean
B.
Ed Scales
C.
Jason Unger
D.
Chris Hanson
E.
Pete Antonocci
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.
6.3. MONTHLY FEE ENCOMPASSES EXPENSES. The monthly fee of $5,000 is
inclusive of costs and expenses of the FIRM, unless the COUNTY, through the County Administrator
or the County Attorney, pre - authorizes the expenses such as out -of -area travel. It is contemplated
that Ed Scales will have to travel from Key West to Tallahassee at least one or two times during the
term of this Agreement. In the event such expenses are pre- approved, reimbursement is contingent
upon submission of original documentation, including but not limited to boarding passes and receipts,
in connection with travel authorized by the COUNTY, but only to the extent authorized by State
Gray/Robinson Lobbying Ag. 3
statute and County Ordinance. Expenses charged by governmental authorities related to lobbyist
registration of FIRM as authorized representatives of COUNTY shall be considered expenses not
included in the monthly fee and shall be billed to COUNTY as pre- approved expenses.
6.4. BILLING AFTER TERMINATION Upon termination of the representation, FIRM
shall promptly bill COUNTY for any remaining reimbursable expenses and fees. COUNTY may
refuse to pay any fees or expenses not billed within 45 days of termination of the representation.
FIRM is also expected to cooperate promptly with all aspects of termination and, if applicable,
transition to other counsel. Payment for fees and expenses is contingent upon prompt, full
cooperation.
7. PAYMENT TERMS
FIRM'S request for payments and reimbursements may be made in either the FIRM'S name or the
name of the FIRM'S representative, as appropriate. FIRM bills complying with this Agreement are
due and payable according to the Prompt Payment Act. If the bill materially fails to comply with the
requirements of this Agreement, then it is not due and payable until FIRM remedies its deficiencies.
8. MATTER MANAGEMENT
8.1. BILLING MATTERS. All billing by FIRM, and additional timekeepers, will be
reviewed by FIRM and FIRM will serve as the point of contact for this matter, including billing
questions. The COUNTY contact for billing issues shall be:
County Attorney Suzanne Hutton
1111 12 Street, Suite 408
Key West, Florida 33040
(305) 292 -3470
(305)797 -3977 (cell)
(305) 292 -3516 (facsimile)
8.2. LEGISLATIVE MATTERS All communications between COUNTY and FIRM
regarding legislative matters shall be communicated to the County Administrator, or in his absence,
to the County Attorney. The primary COUNTY contact for these purposes shall be:
County Administrator Roman Gastesi
1100 Simonton Street, Room 2 -205
Key West, Florida 33040
(305) 292 -4644
(305)394 -1332 (cell)
(305) 292 -4544 (facsimile)
8.3. 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.
Gray/Robinson Lobbying Ag.
8.4. 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.
9. 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.
9.1 PROHIBITION AGAINST USE OF INFORMATION
This requirement is also intended to prohibit FIRM from using information obtained from or on
behalf of COUNTY, including work product prepared at COUNTY'S expense, for other client's of
FIRM or his or her Attorney, without COUNTY'S advance written approval.
9.2 NO USE OF COUNTY FOR MARKETING PURPOSES
FIRM is not authorized to identify COUNTY as a COUNTY, e.g., for purposes of marketing or
advertising, without COUNTY'S prior approval.
10. OWNERSHIP OF FIRM FILES AND WORK PRODUCT
FIRM understands that all files and work product prepared by FIRM or his or her FIRM at the
expense of COUNTY (or for which COUNTY is otherwise billed) is the property of COUNTY.
Without COUNTY'S prior written approval, this work product may not be used by FIRM or his or
her representative nor disclosed by FIRM or his or her representative to others, except in the normal
course of FIRM'S representation of COUNTY in this matter. FIRM agrees that COUNTY owns all
rights, including copyrights, to materials prepared by COUNTY or by FIRM on behalf of COUNTY.
FIRM shall notify COUNTY in writing at least 60 days in advance of destroying any such records
and, in the event that COUNTY requests that they be preserved, shall preserve them at least one
additional year (with COUNTY responsible for paying the actual cost 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.
11. 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.
11.1. DISPUTES REGARDING FEES OR EXPENSES
Gray/Robinson Lobbying Ag.
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.
11.2. 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.
11.3 LEGAL OR ADMINISTRATIVE PROCEDURES
In the event any administrative or legal proceeding is instituted against either the COUNTY or FIRM
relating to the formation, execution, performance, or breach of this Agreement, the COUNTY and
FIRM each agree to participate, to the extent required by the other, in all proceedings, hearings,
processes, meetings, and other activities related to the substance of this Agreement; institution of
any administrative or legal proceeding shall constitute immediate termination of this Agreement.
FIRM agrees to forward copies of all documents in his or her possession related to the matter, which is
the subject of this Agreement to COUNTY at the time of filing any administrative or legal proceeding.
11.4 FEES AND COSTS
In the event any administrative proceeding or cause of action is initiated or defended by the
COUNTY or FIRM relative to the enforcement or interpretation of this Agreement, the prevailing
party shall be entitled to an award of reasonable attorney's fees, and court costs, as an award against
the non - prevailing party, and shall include reasonable attorney's fees, and court costs in appellate
proceedings.
Mediation proceedings initiated and conducted pursuant to this Agreement or as may be required by a
court of competent jurisdiction shall be conducted in accordance with the Florida Rules of Civil
Procedure and the usual and customary procedures required by the circuit court of Monroe County
and shall take place in Monroe County.
12. NOTICE REQUIREMENT
Any notice required or permitted under this agreement shall be in writing and hand delivered or
mailed, postage prepaid, to the other party by certified mail, returned receipt requested, to the
following:
FOR COUNTY
County Administrator
1100 Simonton Street
Key West, FL. 33040
FOR FIRM
Henry Dean, Esquire
and County Attorney
1111 12 Street, Suite 408
Key West, FL 33040
and Jason Unger, Esquire
Gray/Robinson Lobbying Ag. ()
GRAYROBINSON, P.A.
201 Owens Avenue
St. Augustine, FL 32080
13. GOVERNING LAW AND VENUE
GRAYROBINSON, P.A.
301 South Bronough Street
Suite 600
Tallahassee, FL 32301
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.
14. 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.
15. 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.
16. 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.
17. 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.
17.1 DOCUMENTS FORWARDED TO COUNTY
FIRM agrees to forward to COUNTY along with Notice of Termination or upon receipt of Notice of
Termination, depending upon which party terminates the Agreement, copies of all documents in his
Gray/Robinson Lobbying Ag. /
or her possession of any nature whatsoever related to the FIRM'S representation of COUNTY or
obtained due to FIRM'S representation of COUNTY.
17.2 RESTRICTION ON COMMUNICATIONS
FIRM agrees not to communicate with the public, including the press, about COUNTY or about this
matter without the prior approval of either the County Attorney or County Administrator.
18. 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.
19. CAPTIONS
The captions set forth herein are for convenience of reference only and shall not define, modify, or
limit any of the terms hereof.
20. LEGAL OBLIGATIONS AND RESPONSIBILITIES, NON - DELEGATION
OF CONSTITUTIONAL OR STATUTORY DUTIES
This Agreement is not intended to relieve, nor shall it be construed as relieving, either the COUNTY
or FIRM from any obligation or responsibility imposed upon each by law except to the extent of
actual and timely performance thereof by the other, in which case the performance may be offered in
satisfaction of the obligation or responsibility. Further this Agreement is not intended to authorize,
nor shall it be construed as authorizing, the delegation of the constitutional or statutory duties of the
COUNTY, except to the extent permitted by the Florida Constitution, state statutes, case law, and,
specifically, the provisions of Chapter 125, Florida Statutes.
21. 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,
Gray/Robinson Lobbying Ag. $
to all the other party's books, records, correspondence, instructions, receipts, vouchers and
memoranda (excluding computer software) pertaining to work under this Agreement for the purpose
of conducting a complete independent fiscal audit. FIRM shall retain all records required to be kept
under this Agreement for a minimum of five years, and for at least four years after the termination of
this agreement. FIRM shall keep such records as are necessary to document the performance of the
agreement and expenses as incurred, and give access to these records at the request of the COUNTY,
the State of Florida or authorized agents and representatives of said government bodies. It is the
responsibility of FIRM to maintain appropriate records to 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.
22. 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.
23. 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.
24. 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.
Gray/Robinson Lobbying Ag. 9
25. 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.
26. 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.
27. 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.
28. 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.
29. 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.
30. 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)
Gray/Robinson Lobbying Ag. 10
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.
31. 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.
32. 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.
33. 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.
34. HOLD HARMLESS AND INSURANCE
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 COUNTY'S
Gray /Robinson Lobbying Ag. 11
request at any time during the term of the Agreement.
35. 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.
36. 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 COUNTY
Attest:
Danny L. Kohlage, Clerk
By:
Mayor
By:
Deputy Clerk
Witness to FIRM:
Signature
GRAY/ROBINSON, P.A.:
Signature
Print Name
Address:
DATE:
Print Name
DATE:
'COUNTY AT
a,a
HOVED AS
8 P4
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Gray/Robinson Lobbying Ag. 12