Item M6 M.6
G BOARD OF COUNTY COMMISSIONERS
County of Monroe Mayor Heather Carruthers,District 3
IleOI1da Keys Mayor Pro Tern Michelle Coldiron,District 2
- p �pw° Danny L.Kolhage,District I
aµ David Rice,District 4
Sylvia J.Murphy,District 5
County Commission Meeting
December 11, 2019
Agenda Item Number: M.6
Agenda Item Summary #6356
BULK ITEM: Yes DEPARTMENT: County Administrator
TIME APPROXIMATE: STAFF CONTACT: Lisa Tennyson (305) 292-4444
n/a
AGENDA ITEM WORDING: Approval of new annual agreement with Anfield Consulting, Inc.
for lobbying services on behalf of Monroe County in the legislative and executive branches of State
government effective December 1, 2019.
ITEM BACKGROUND: Anfield Consulting brings specialized knowledge and expertise to the
County's state legislative lobbying team, specifically in the State's water management, land
acquisition, and environmental programs, and funding streams related to those programs. Anfield's
team also includes individuals skilled in writing legislation, enabling us to draft our own bills and
bill language and amendments as necessary.
Anfield Consulting drafted the original language for the Florida Keys Stewardship Act (FKSA), and
was instrumental in steering it through its House and Senate committees, and its eventual passage by
the entire legislature in 2016, and in securing FKSA funding in 2016-2019. Anfield is also the lead
on this year's Property Rights Bill.
PREVIOUS RELEVANT BOCC ACTION:
December 2018: BOCC approval of Agreement with Anfield Consulting for 2019.
December 2017: BOCC approval of Agreement with Anfield Consulting for 2018.
December 2016: BOCC approval of Agreement with Anfield Consulting for 2017.
September 2015: BOCC approval of Agreement with Anfield Consulting for 2016.
October 2014: BOCC approval of Agreement with Anfield Consulting for 2015.
CONTRACT/AGREEMENT CHANGES:
No changes in contract conditions or price.
STAFF RECOMMENDATION:
DOCUMENTATION:
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2020 Anfield Lobbying Agreement
FINANCIAL IMPACT:
Effective Date: December 1, 2019
Expiration Date: November 30, 2020
Total Dollar Value of Contract: $51,432.00
Total Cost to County:
Current Year Portion:
Budgeted: Yes
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: If yes, amount:
Grant: No
County Match:
Insurance Required: Yes
Additional Details:
REVIEWED BY:
Bob Shillinger Completed 11/25/2019 1:40 PM
Budget and Finance Completed 11/25/2019 4:02 PM
Maria Slavik Completed 11/25/2019 4:06 PM
Kathy Peters Completed 11/25/2019 4:08 PM
Board of County Commissioners Pending 12/11/2019 9:00 AM
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AGREEMENT FOR
LOBBYING SERVICES
Between
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
And
ANFIELD CONSULTING, INC.
This Agreement("Agreement")made and entered into this 11'h day of December,2019,by
and between Monroe County, a political subdivision of the State of Florida, and whose address is
1100 Simonton Street, Key West, Florida, 33040, its successors and assigns, hereinafter referred
to as "COUNTY," through the Monroe County Board of County Commissioners ("BOCC"), and
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Anfield Consulting, Inc., a corporation of the State of Florida, and whose address is 201 N
West Park Avenue, Tallahassee, Fl. 32301, its successors and assigns, hereinafter referred to as 2
"LOBBYIST", and
WHEREAS, COUNTY desires to employ the professional services of LOBBYIST for
state legislative lobbying services to advance the County's legislative priorities and issues E
including but not limited to land acquisition, water quality, Stewardship Act appropriations, other 2
appropriations,wind and flood insurance, environmental, growth management/planning/building,
marine resources,human services, affordable housing,jails,juvenile justice, finance and taxation,
emergency management,public safety, tourism, telecommunications, Florida Retirement System,
courts/clerks, mental health and substance abuse, sustainability, solid waste, local government 0
preemption, unfunded mandates, revenue sharing, protection of County revenue, and other issue
areas and services as assigned by the County Administrator and agreed to by the LOBBYIST; and 4-
WHEREAS, LOBBYIST have agreed to provide the professional services as
LOBBYISTS for representation as described in this agreement; and N
NOW, THEREFORE, in consideration of the mutual promises, covenants and E
agreements stated herein, and for other good and valuable consideration, the sufficiency of which
is hereby acknowledged, COUNTY and LOBBYIST agree as follows:
1. TERM OF AGREEMENT. This agreement shall be effective upon approval and the
agreement shall continue for a period of 1 year, beginning December 1, 2019. The County
shall have the option to renew the agreement after the original terms, subject to
performance by the LOBBYIST and the availability of County funds.
2. COMPENSATION. The County, in consideration of the LOBBYIST satisfactorily
performing services,shall pay the LOBBYIST a total of$51,432(Fifty One Thousand Four
Hundred Thirty Two Dollars),plus any additional costs associated with travel as requested
and approved by the County, on invoices submitted by LOBBYIST to the County
Administrator's office on a monthly basis. Invoices must provide sufficient detail and
documentation to support work accomplished and any additional costs for which
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LOBBYIST is seeking reimbursement,including but not limited to the exact dates of travel,
mileage, costs, receipts and description of work completed under this Contract. Total
Contract shall not exceed $51,432 (Fifty One Thousand Four Hundred Thirty Two
Dollars), plus the cost of approved travel expenses. Travel expenses may be paid if
approved by the County Administrator as long as adequate documentation is provided by
LOBBYIST. Travel expenses are regulated by the Monroe County Code Sec. 2-106 et. seq.
3. SCOPE OF SERVICES.
3.1 Provide a full range of professional lobbying services and advocacy before the Florida
Legislature, the Governor, the Cabinet, and executive departments, agencies, offices,
commissions, and other governmental units of the state of Florida with respect to all of
COUNTY's legislative and regulatory interests; matters contained within COUNTY's
state legislative program; assigned executive branch projects; and other issues or projects
of the COUNTY as assigned by the Contract Administrator and Director of Legislative a
Affairs.
3.2 Effectively communicate COUNTY's state legislative program and issues to members :2
of Legislature, Governor and Cabinet, and executive departments, agencies, offices
commissions and other governmental units of the state of Florida.
3.3 Upon request, arrange meetings for County Commissioners, County officials, and staff
with members and officials of the Legislative and Executive Branch of state government E
and other entities as necessary, including members of the Legislature in leadership
positions, key legislative committee members and staff, and executive branch leaders and
key officials within the Governor's Office, Cabinet, and state agencies.
3.4 Be available on a 24-hour basis during any Regular Session, extended session, or
special session, committee week, and at other times as requested, to: assist in writing,
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interpreting, and monitoring legislation, agency rules and regulations; drafting legislation
amendments, proviso language, position papers, and testimony; obtaining documentation
and research materials; and securing sponsors for bills, amendments, resolutions, proviso
language and other legislation, as necessary to accomplish COUNTY's legislative and
executive branch goals.
3.5 Identify and discuss with COUNTY any areas of potential concern or opportunity for
obtaining passage of COUNTY's legislative priorities, other issues in the state legislative
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program, and executive branch issues or projects assigned to the firm.
3.6 Attend weekly team strategy meetings, legislative committee meetings, briefings, and
hearings, during session and interim committee weeks, and report on all matters assigned;
and participate in meetings, conference calls, and provide verbal or written reports to
COUNTY at other times, as directed by the Director of Legislative Affairs.
3.7 Consult with County Commissioners, County Administrator, Director of Legislative
Affairs, County Attorney,and such other persons designated by the Contract Administrator
regarding any legislative or executive matter which may impact the COUNTY, and take
any necessary action, as determined by the County Administrator and Director of
Legislative Affairs.
3.8 Prepare and submit written reports, as may be required by the Director of
Legislative Affairs, regarding the status of assigned issues and projects, progress made to
achieve such matters, an end-of-session report upon the conclusion of any regular or special
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session and a written report on each monthly invoice provided by the LOBBYIST during
the period covered by the invoice.
4. REPRESENTATIONS AND WARRANTIES. By executing this Agreement,
LOBBYIST makes the following express representations and warranties to the COUNTY:
4.1: The LOBBYIST is professionally qualified to act as the LOBBYIST for the Scope of
services and is licensed to provide the designated services by all public entities having
jurisdiction over the LOBBYIST and the Scope of services;
4.2: The LOBBYIST shall maintain all necessary licenses,permits or other authorizations
necessary to act as LOBBYIST until the LOBBYIST'S duties hereunder have been fully
satisfied;
4.3: The LOBBYIST has become familiar Monroe County's legislative issues and
priorities.
4.4: The LOBBYIST shall prepare all documents, if required, by this Agreement in such
a manner that they shall be accurate, coordinated and adequate for use in the subsequent
implementation phases and shall be in conformity and comply with all applicable law, :2
codes and regulations. All Documents shall be reviewed by the County Attorney, or his
designee, prior to being approved by the BOCC. The LOBBYIST warrants that the
documents prepared as a part of this Agreement will be adequate and sufficient to
accomplish the scope of services, therefore, eliminating any additional cost due to missing E
or incorrect information.
4.5: The LOBBYIST assumes full responsibility to the extent allowed by law with regards
to his performance and those directly under his employ.
4.6: The LOBBYIST'S services shall be performed as expeditiously as is consistent with
professional skill and care and the orderly progress of the scope of services.
4.7: LOBBYIST is an independent contractor under this Agreement. Services provided by
LOBBYIST, or SUB-LOBBYIST(s), shall be subject to the supervision of Anfield
Consulting Inc. In providing the services, LOBBYIST and its agents shall not be acting
and shall not be deemed as acting as officers, employees, or agents of the COUNTY, nor
shall they accrue any of the rights or benefits of a COUNTY employee.
4.8: The LOBBYIST shall, without additional compensation,promptly correct any errors,
omissions, deficiencies, or conflicts in the work product of the LOBBYIST or its sub-
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LOBBYISTs, or both.
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5. COUNTY'S RESPONSIBILITIES. COUNTY shall provide information in its
possession upon request from LOBBYIST as needed for the Project including objectives,
schedule, constraints and criteria. COUNTY shall designate a representative to act on the
COUNTY'S behalf with respect to the Project. The COUNTY or its representative shall
render decisions in a timely manner pertaining to documents submitted by the LOBBYIST
in order to avoid unreasonable delay in the orderly and sequential progress of the
LOBBYIST'S services. Prompt written notice shall be given by COUNTY through its
representative to LOBBYISTS if COUNTY becomes aware of any fault or defect in the
Project or non-conformance with the Agreement Documents. Any information that may be
of assistance to the LOBBYIST to which the COUNTY has immediate access will be
provided as requested.
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6. WRITTEN NOTICE. Any notices under this Agreement sent by the parties shall be
deemed to have been duly served if delivered in person to the individuals and addresses
listed below, or if delivered or sent by first class mail, certified,return receipt, or by courier
with proof of delivery.
6.1:All written correspondence to the COUNTY shall be dated and signed by an authorized
representative of the LOBBYIST. The correspondence shall be directed to:
Roman Gastesi, County Administrator,
and Lisa Tennyson, Director of Legislative Affairs
1100 Simonton Street
Key West, Florida 33040
With a copy to:
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Bob Shillinger, County Attorney
1111 12 ' Street, Suite 408 a-
Key West, FL 33040
6.2: Notice to the LOBBYIST shall be delivered to:
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Anfield Consulting, Inc.
201 West Park Avenue
Tallahassee, Fl. 32301
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7. CONFLICT OF INTEREST. LOBBYIST agrees it shall not contract for or accept
employment for the performance of any work or service with any individual, business
corporation, or government unit that would create a conflict of interest in the performance
of its obligations under this Agreement. LOBBYIST further agrees it will neither take any
action nor engage in any conduct that would cause any County employee or official to
violate the provisions of Chapter 112, Florida Statutes, relating to ethics in government.
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7.1 No LOBBYIST under contract with the county shall engage in any employment or
contractual relationship with any entity, which employment or contractual relationship
would or could be adverse to the COUNTY or which would or could interfere with the
LOBBYIST's work on behalf of the COUNTY. Such relationship includes, but is not
limited to, representing a client whose interest is currently in opposition to the interest of
the COUNTY; serving as a consultant or testifying as an expert witness in litigation against
the county;representing persons or entities before any board or agency of the county; or any
other contractual relationship of whatever kind or nature in which the consultant uses his
professional expertise or provides professional services in such a manner that a different
person or entity benefits at the expense of the COUNTY in a given transaction between
other person or entity in the county.
A position in opposition to a County position may take the form of an adverse policy
position or fiscal impact on the County, either direct or indirect. A position in opposition
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to a County position is not limited to a position that conflicts with an express provision of
the legislative package adopted by the Board of County Commissioners. It may also arise
in other areas. Not every County interest can be anticipated or enumerated in the County's
legislative package, and issues arise and change over the course of the legislative process.
It is incumbent on the LOBBYIST to remain mindful of the County policy and fiscal
interests and positions vis-a-vis other clients.
7.3 If actual or perceived conflict arises, the LOBBYIST must advise the County
Administrator immediately in writing, provide sufficient information concerning the
conflict,and seek a waiver of the conflict. The County Administrator shall report the conflict
to the Board of County Commissioners.
Once a conflict waiver request has been received by the County, the County Administrator,
in consultation with the County Attorney may take any action regarding the waiver request, a
including by not limited to the following: 1) allow a waiver and allow the LOBBYIST to CD
continue to represent both the County and the other party; 2) disallow a waiver and require
the LOBBYIST to choose between representing the County or the other party, or to
discontinue representing the other party; 3) allow a limited waiver and require the
LOBBYIST to continue to represent both the County and the other party under whatever
limitations or restrictions the County Administrator, in consultation with the County E
Attorney, determines to be appropriate. Any such actions by the County Administrator shall
only be effective until the Board of County Commissioners has considered the conflict
action.
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The Board of County Commissioners may take any action necessary, such as termination c
or waiver or partial waiver, to address the conflict of interest disclosed by the LOBBYIST.
Waiver of any conflict of interest or termination of this Agreement is expressly 22
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reserved to the Board.
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8. INSURANCE. The LOBBYIST shall obtain insurance within thirty (30) days of the
effective date of this Agreement as specified and shall provide proof of insurance showing
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that County is an additional insured on all policies except professional policies and shall
maintain the required insurance at all times that this Agreement is in effect. Professional
Liability Insurance shall also be maintained as specified. In the event the completion of the
project (to include the work of others) is delayed or suspended as a result of the
LOBBYIST'S failure to purchase or maintain the required insurance,the LOBBYIST shall
indemnify the COUNTY from any and all increased expenses resulting from such delay.
8.1: The coverage provided herein shall be provided by an insurer with an A.M. Best
Rating of VI or better, that is licensed to business in the State of Florida and that has an
agent for service of process within the State of Florida. The coverage shall contain an
endorsement providing sixty (60) days notice to the COUNTY prior to any cancellation of
said coverage. Said coverage shall be written by an insurer acceptable to the COUNTY and
shall be in a form acceptable to the COUNTY.
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8.2: LOBBYIST shall obtain and maintain the following policies:
A. Workers' Compensation insurance as required by the State of Florida.
B. Employers Liability Insurance with limits of One Hundred Thousand Dollars
($100,000)per Accident, Five Hundred Thousand Dollars ($500,000) Disease, policy
limits, One Hundred Thousand Dollars ($100,000) Disease each employee.
C. Comprehensive business automobile and vehicle liability insurance covering claims for
injuries to members of the public and/or damages to property of others arising from use
of motor vehicles, including ofsite and offsite operations, and owned, hired or non-
owned vehicles, with One Hundred Thousand Dollars ($100,000) combined single
limit. If split limits are provided, the minimum limits acceptable shall be: Fifty
Thousand Dollars ($50,000) per person, One Hundred Thousand Dollars ($100,000)
per occurrence, and Twenty Five Thousand Dollars ($25,000)property damage.
D. Commercial general liability covering claims for injuries to members of the public or
damage to property of others arising out of any covered act or omission of the a
LOBBYIST or any of its employees, agents or SUB-LOBBYISTs, including Premises
and/or Operations, Products and Completed operations, personal injury liability, and :2
expanded definition of property damage. The minimum limits acceptable shall be.
Three Hundred Thousand Dollars ($300,000) Combined Single Limit (CSL). If split
limits are provided, the minimum limits acceptable shall be: One Hundred Thousand
Dollars ($100,000) per person, Three Hundred Thousand Dollars ($300,000) per E
occurrence, and Fifty Thousand Dollars ($50,000) property damage. An occurrence
Form Policy is preferred. If coverage is provided on a Claims Made policy, its
provisions should include coverage for claims filed on or after the effective date of this
Agreement. In addition, the period for which claims may be reported should extend for
a minimum of twelve(12) months following the acceptance of work by the County.
E. LOBBYIST shall require its SUB-LOBBYISTs to be adequately insured. COUNTY
will not pay for increased limits of insurance for SUB-LOBBYISTs. a�
F. LOBBYIST shall provide to the COUNTY certificates of insurance or a copy of all
insurance policies including those naming the COUNTY as an additional insured. The
COUNTY reserves the right to require a certified copy of such policies upon request.
G. COUNTY shall be named as additional insured on all insurance policies, except the
professional insurance policy.
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9. HOLD HARMLESS. The LOBBYISTS covenants and agrees to indemnify and hold
harmless the Monroe County Board of County Commissioners from any and all claims for
bodily injury (including death), personal injury, and property damage (including property
owned by Monroe County) and any other losses, damages, and expenses (including
attorney's fees) which arise out of, in connection with, or by reason of services provided
by LOBBYISTS or any of its Subcontractor(s) in any tier, occasioned by the negligence,
errors, or other wrongful act of omission of the LOBBYISTS or its Subcontractors in any
tier, their employees, or agents.
In the event the completion of the project (to include the work of others) is delayed or
suspended as a result of the LOBBYISTS's failure to purchase or maintain the required
insurance, the LOBBYISTS shall indemnify the County from any and all increased
expenses resulting from such delay.
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The first ten dollars ($10.00) of remuneration paid to the LOBBYISTS is for the
indemnification provided for above.
The extent of liability is in no way limited to, reduced, or lessened by the insurance
requirements contained elsewhere within this agreement.
10. SECTION HEADINGS. Section headings have been inserted in this Agreement as a
matter of convenience of reference only, and it is agreed that such section headings are not
a part of this Agreement and will not be used in the interpretation of any provision of this
Agreement.
11. OWNERSHIP OF THE PROJECT DOCUMENTS. The documents, if any, prepared
by the LOBBYIST for this Project belong to the COUNTY, and may not be reproduced
and copied without acknowledgement and permission of the COUNTY. Q
12. SUCCESSORS AND ASSIGNS. The LOBBYIST shall not assign its right hereunder,
except its right to payment, nor shall it delegate any of its duties hereunder without the
written consent of the COUNTY. Subject to the provisions of the immediately preceding
sentence, each party hereto binds itself, its successors, assigns and legal representatives to E
the other and to the successors, assigns and legal representatives of such other party.
13. NO THIRD PARTY BENEFICIARIES. Nothing contained herein shall create any
relationship, contractual or otherwise, with or any rights in favor of, any third party.
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14. CONTRACT DOCUMENTS. This contract consists of the Agreement and its
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attachment. In the event of any conflict between any of the contract documents, the one
imposing the greater burden on the LOBBYIST will control.
15. PUBLIC ENTITIES CRIMES. A person or affiliate who has been placed on the Q
convicted vendor list following a conviction for public entity crime may not submit a bid
on contracts to provide any goods or services to a public entity, may not submit a bid on a
contract with a public entity for the construction or repair of a public building or public
work, may not submit bids on leases of real property to public entity, may not be awarded
or perform work as a contractor,supplier, subcontractor, LOBBYIST or SUB-LOBBYIST
under a contract with any public entity,and may not transact business with any public entity
in excess of the threshold amount provided in Section 287.017 of the Florida Statutes, for
CATEGORY TWO for a period of 36 months from the date of being placed on the
convicted vendor list.
By signing this Agreement, LOBBYIST represents that the execution of this Agreement
will not violate the Public Entity Crimes Act(Section 287.133,Florida Statutes). Violation
of this section shall result in termination of this Agreement and recovery of all monies paid
hereto, and may result in debarment from COUNTY's competitive procurement activities.
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In addition to the foregoing, LOBBYIST further represents that there has been no
determination, based on an audit, that it or any SUB-LOBBYIST has committed an act
defined by Section 287.133, Florida Statutes, as a"public entity crime" and that it has not
been formally charged with committing an act defined as a"public entity crime"regardless
of the amount of money involved or whether LOBBYIST has been placed on the convicted
vendor list.
LOBBYIST will promptly notify the COUNTY if it or any SUB-LOBBYIST is
formally charged with an act defined as a"public entity crime" or has been placed on
the convicted vendor list.
16. MAINTENANCE OF RECORDS. LOBBYIST shall maintain all books, records, and
documents directly pertinent to performance under this Agreement in accordance with a
generally accepted accounting principles consistently applied. Each party to this CD
Agreement or its authorized representatives shall have reasonable and timely access to such :2
records of each other party to this Agreement for public records purposes during the term
of the Agreement and for four years following the termination of this Agreement. If an
auditor employed by the COUNTY or County Clerk determines that monies paid to
LOBBYIST pursuant to this Agreement were spent for purposes not authorized by this E
Agreement, the LOBBYIST shall repay the monies together with interest calculated
pursuant to Sec. 55.03, of the Florida Statutes, running from the date the monies were paid
by the COUNTY.
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17. GOVERNING LAW, VENUE, INTERPRETATION, MEDIATION, WAIVER OF _J
JURY TRIAL. This Agreement shall be governed by and construed in accordance with a�
the laws of the State of Florida applicable to contracts made and to be performed entirely
in the State. In the event that any cause of action or administrative proceeding is
instituted for the enforcement or interpretation of this Agreement, COUNTY and CD
LOBBYIST agree that venue shall lie in Monroe County, Florida, in the appropriate court
or before the appropriate administrative body. The Parties waive their rights to a trial by
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jury. The COUNTY and LOBBYIST agree that,in the event of conflicting interpretations
of the terms or a term of this Agreement by or between any of the parties, the issue shall
be submitted to mediation prior to the institution of any other administrative or legal
proceeding.
18. SEVERABILITY. If any term, covenant, condition or provision of this Agreement (or
the application thereof to any circumstance or person) shall be declared invalid or
unenforceable to any extent by a court of competent jurisdiction, the remaining terms,
covenants, conditions and provisions of this Agreement, shall not be affected thereby; and
each remaining term, covenant, condition and provision of this Agreement shall be valid
and shall be enforceable to the fullest extent permitted by law unless the enforcement of
the remaining terms, covenants, conditions and provisions of this Agreement would
prevent the accomplishment of the original intent of this Agreement. The COUNTY and
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LOBBYIST agree to reform the Agreement to replace any stricken provision with a valid
provision that comes as close as possible to the intent of the stricken provision.
19. ATTORNEY'S FEES AND COSTS. The COUNTY and LOBBYIST agree that in the
event any cause of action or administrative proceeding is initiated or defended by any party
relative to the enforcement or interpretation of this Agreement, the prevailing party shall
be entitled to reasonable attorney's fees, and court costs, as an award against the non-
prevailing party, and shall include attorney's fees, and courts costs, in appellate
proceedings. Mediation proceedings initiated and conducted pursuant to this Agreement,
prior to or following initiation of any cause of action or administrative proceeding, shall be
in accordance with the Florida Rules of Civil Procedure and usual and customary
procedures required by the circuit court of Monroe County.
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20. BINDING EFFECT. The terms, covenants,conditions, and provisions of this Agreement :2
shall bind and inure to the benefit of the COUNTY and LOBBYIST and their respective
legal representatives, successors, and assigns.
21. AUTHORITY. Each party represents and warrants to the other that the execution,
delivery and performance of this Agreement have been duly authorized by all necessary
County and corporate action, as required by law.
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22. CLAIMS FOR FEDERAL OR STATE AID. LOBBYIST and COUNTY agree that
each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to 0
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.
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23. ADJUDICATION OF DISPUTES OR DISAGREEMENTS. COUNTY and
LOBBYIST agree that all disputes and disagreements shall be attempted to be resolved by
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meet and confer sessions between representatives of each of the parties. If no resolution
can be agreed upon within 15 days after the first meet and confer session,the issue or issues
shall be discussed at a public meeting of the Board of County Commissioners. If the issue
or issues are still not resolved to the satisfaction of the parties, then any party shall have
the right to seek such relief or remedy as may be provided by this Agreement or by Florida
law.
23.1 COUNTY and LOBBYIST specifically agree that no party to this Agreement shall
be required to enter into any arbitration proceedings related to this Agreement.
24. COOPERATION. In the event any administrative or legal proceeding is instituted
against either party relating to the formation, execution, performance, or breach of this
Agreement, COUNTY and LOBBYIST agree to participate in all proceedings, hearings,
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processes, meetings, and other activities related to the substance of this Agreement or
provision of the services under this Agreement.
25. NONDISCRIMINATION. LOBBYIST and COUNTY agree that there will be no
discrimination against any person, and it is expressly understood that upon a determination
by a court of competent jurisdiction that discrimination has occurred, this Agreement
automatically terminates without any further action on the part of any party, effective the
date of the court order. LOBBYIST and COUNTY agree to comply with all Federal and
Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination.
These include but are not limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88-
352) which prohibits discrimination on the basis of race, color or national origin; 2) Title
IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-
1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the a
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 :2
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 E
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
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(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 Q
to, or the subject matter of, this Agreement.
25. CODE OF ETHICS. COUNTY agrees that officers and employees of the COUNTY
recognize and will be required to comply with the standards of conduct for public officers
and employees as delineated in Section 112.313,Florida Statutes,regarding,but not limited
to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized
compensation; misuse of public position, conflicting employment or contractual
relationship; and disclosure or use of certain information.
26. NO SOLICITATION/PAYMENT. The LOBBYIST and COUNTY warrant that, in
respect to itself, it has neither employed nor retained any company or person, other than a
bona fide employee working solely for it,to solicit or secure this Agreement and that it has
not paid or agreed to pay any person, company, corporation,individual, or firm, other than
a bona fide employee working solely for it, any fee, commission,percentage, gift, or other
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consideration contingent upon or resulting from the award or making of this Agreement.
For the breach or violation of the provision,the LOBBYIST 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.
27. PUBLIC ACCESS. The LOBBYIST and COUNTY shall allow and permit reasonable
access to, and inspection of, all documents, papers, letters or other materials in its
possession or under its control subject to the provisions of Chapter 119, Florida Statutes,
and made or received by the LOBBYIST and COUNTY in connection with this
Agreement; and the COUNTY shall have the right to unilaterally cancel this Agreement
upon violation of this provision by LOBBYIST.
Public Records Compliance. Contractor must comply with Florida public records laws,
including but not limited to Chapter 119, Florida Statutes and Section 24 of article I of the :2
Constitution of Florida. The County and Contractor shall allow and permit reasonable
access to, and inspection of, all documents, records, papers,letters or other"public record"
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 Contractor in conjunction with E
this contract and related to contract performance. The County shall have the right to
unilaterally cancel this contract upon violation of this provision by the Contractor. Failure
of the Contractor to abide by the terms of this provision shall be deemed a material breach
of this contract and the County may enforce the terms of this provision in the form of a
court proceeding and shall, as a prevailing party, be entitled to reimbursement of all
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attorney's fees and costs associated with that proceeding. This provision shall survive any
termination or expiration of the contract. a�
The Contractor is encouraged to consult with its advisors about Florida Public Records
Law in order to comply with this provision.
Pursuant to F.S. 119.0701 and the terms and conditions of this contract, the Contractor is
required to:
(1) Keep and maintain public records that would be required by the County to perform
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the service.
(2) Upon receipt from the County's custodian of records, provide the County with a copy
of the requested records or allow the records to be inspected or copied within a reasonable
time at a cost that does not exceed the cost provided in this chapter or as otherwise provided
by law.
(3) Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law for the
duration of the contract term and following completion of the contract if the contractor
does not transfer the records to the County.
(4) Upon completion of the contract, transfer, at no cost, to the County all public records
in possession of the Contractor or keep and maintain public records that would be required
by the County to perform the service. If the Contractor transfers all public records to the
County upon completion of the contract, the Contractor shall destroy any duplicate public
records that are exempt or confidential and exempt from public records disclosure
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requirements. If the Contractor keeps and maintains public records upon completion of the
contract, the Contractor shall meet all applicable requirements for retaining public records.
All records stored electronically must be provided to the County, upon request from the
County's custodian of records, in a format that is compatible with the information
technology systems of the County.
(5) A request to inspect or copy public records relating to a County contract must be
made directly to the County, but if the County does not possess the requested records, the
County shall immediately notify the Contractor of the request, and the Contractor must
provide the records to the County or allow the records to be inspected or copied within a
reasonable time.
If the Contractor does not comply with the County's request for records, the County shall
enforce the public records contract provisions in accordance with the contract,
notwithstanding the County's option and right to unilaterally cancel this contract upon
violation of this provision by the Contractor. A Contractor who fails to provide the public
records to the County or pursuant to a valid public records request within a reasonable time :2
may be subject to penalties under section 119.10, Florida Statutes.
The Contractor shall not transfer custody, release, alter, destroy or otherwise dispose of
any public records unless or otherwise provided in this provision or as otherwise provided E
by law.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE
CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY AT PHONE# 305-292-3470
22
BRADLEY-BRIAN@MONROECOUNTY-FL.GOV, MONROE COUNTY a�
ATTORNEY'S OFFICE 1111 12TH Street, SUITE 408, KEY WEST, FL 33040.
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28. NON-WAIVER OF IMMUNITY. Notwithstanding the provisions of Sec. 768.28,
Florida Statutes, the participation of the LOBBYIST and the COUNTY in this Agreement
and the acquisition of any commercial liability insurance coverage, self-insurance
coverage, or local government liability insurance pool coverage shall not be deemed a
waiver of immunity to the extent of liability coverage, nor shall any contract entered into
by the COUNTY be required to contain any provision for waiver.
29. PRIVILEGES AND IMMUNITIES. All of the privileges and immunities from liability,
exemptions from laws, ordinances, and rules and pensions and relief, disability, workers'
compensation, and other benefits which apply to the activity of officers, agents, or
employees of any public agents or employees of the COUNTY, when performing their
respective functions under this Agreement within the territorial limits of the COUNTY
shall apply to the same degree and extent to the performance of such functions and duties
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M.6.a
of such officers, agents, volunteers, or employees outside the territorial limits of the
COUNTY.
30. LEGAL OBLIGATIONS AND RESPONSIBILITIES. Non-Delegation of
Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be
construed as, relieving any participating entity from any obligation or responsibility
imposed upon the entity by law except to the extent of actual and timely performance
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.
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31. NON-RELIANCE BY NON-PARTIES. No person or entity shall be entitled to rely upon :2
the terms, or any of them, of this Agreement to enforce or attempt to enforce any third- a-
party claim or entitlement to or benefit of any service or program contemplated hereunder,
and the LOBBYIST and the COUNTY agree that neither the LOBBYIST nor the
COUNTY or any agent, officer, or employee of either shall have the authority to inform, E
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.
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32. EXECUTION OF COUNTY FORMS. LOBBYIST agrees to execute such documents a�
as COUNTY may reasonably require,including a Public Entity Crime Statement,an Ethics
Statement, and a Drug-Free Workplace Statement.
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33. NO PERSONAL LIABILITY. No covenant or agreement contained herein shall be
deemed to be a covenant or agreement of any member, officer, agent or employee of
Monroe County in his or her individual capacity, and no member, officer, agent or
employee of Monroe County shall be liable personally on this Agreement or be subject to
any personal liability or accountability by reason of the execution of this Agreement.
34. ASSIGNMENT/SUBCONTRACT. LOBBYIST 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.
35. INDEPENDENT CONTRACTOR. At all times and for all purposes under this
agreement the LOBBYISTS are independent contractors and not employees of the Board
of County Commissioners for Monroe County. No statement contained in this agreement
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shall be construed so as to find the LOBBYISTS or any of their employees, contractors,
servants, or agents to be employees of the Board of County Commissioners of Monroe
County.
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 any of the parties hereto may execute this
Agreement by signing any such counterpart.
IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its duly
authorized representative.
(SEAL) BOARD OF COUNTY COMMISSIONERS Q
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OF
Attest: KEVIN MADOK , Clerk MONROE COUNTY, FLORIDA a-
By: By:
Deputy Clerk Mayor/Chairman
Date:
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22
ANFIELD CONSULTING, INC.
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BY: By:
Authorized Signature Authorized Signature
Print Name: Print Name:
Title: Title:
Date: Date:
END OF AGREEMENT
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