Item P4 P.4
BOARD OF COUNTY COMMSSIONERS
County of Monroe f
Mayor Heather Carruthers,District 3
h} ] Mayor Pro Tem Michelle Coldiron,District 2
The Florida Keys Craig Cates,District 1
David Rice,District 4
Sylvia J.Murphy,District 5
County Commission Meeting
October 213, 2020
Agenda Item Number: P.4
Agenda Item Summary #7417
BULK ITEM: Yes DEPARTMENT: County Administrator
TIME APPROXIMATE: STAFF CONTACT: Lisa Tennyson (305) 292-4444
n/a
AGENDA ITEM WORDING: Approval of annual agreement with Capitol Group, Inc. (Robert
Reyes) for continuing strategic governmental consulting and lobbying services on behalf of Monroe
County in the legislative and executive branches of State government effective October 1, 2020.
ITEM BACKGROUND: The County continues to require representation/lobbying/advocacy in the
legislative and executive branches of State government.
PREVIOUS RELEVANT BOCC ACTION:
• On October 16, 2019, the BOCC approved Professional Services Agreement with Capitol Group,
Inc. (Robert Reyes) to provide lobbying and advocacy in the legislative and executive branches of
State government.
• On October 17, 2018, the BOCC approved Professional Services Agreement with Capitol Group,
Inc. (Robert Reyes) to provide lobbying and advocacy in the legislative and executive branches of
State government.
• On September 20, 2017, the BOCC approved Professional Services Agreement with Capitol
Group, Inc. (Robert Reyes) to provide lobbying and advocacy in the legislative and executive
branches of State government.
• On October 19th, 2016, the BOCC approved Professional Services Agreement with Capitol
Group, Inc. (Robert Reyes) to provide lobbying and advocacy in the legislative and executive
branches of State government.
• On January 21, 2015, the BOCC approved Consent to Assignment of Professional Services
Agreement from Floridian Partners, LLC to Capitol Group, Inc.
• On July 16th, 2014, the BOCC approved Professional Services Agreement with Floridian
Partners, LLC for one year.
CONTRACT/AGREEMENT CHANGES:
Extends existing agreement for one year. No change in contract price or terms.
STAFF RECOMMENDATION: Approval.
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DOCUMENTATION:
2020-2021 Capitol Group Lobbying Agreement
FINANCIAL IMPACT:
Effective Date: October 1, 2020
Expiration Date: September 30, 2021
Total Dollar Value of Contract: $72,000.00
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: No
Insurance Required: Yes
Additional Details:
REVIEWED BY:
Bob Shillinger Completed 10/01/2020 2:31 PM
Purchasing Completed 10/01/2020 3:47 PM
Budget and Finance Completed 10/02/2020 8:13 AM
Maria Slavik Completed 10/02/2020 10:29 AM
Liz Yongue Completed 10/02/2020 12:07 PM
Board of County Commissioners Pending 10/21/2020 9:00 AM
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AGREEMENT FOR
LOBBYING SERVICES
Between
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
And
CAPITOL GROUP, INC.
This Agreement ("Agreement") made and entered into this 211h day of October, 2020, 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 N
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to as "COUNTY," through the Monroe County Board of County Commissioners ("BOCC"), and :3
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Capitol Group Inc., a corporation of the State of Florida, and whose address is 300 South 6
Duval Street, Suite 410, Tallahassee, Florida, 32301, its successors and assigns, hereinafter
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referred to as "LOBBYIST", and �?
WHEREAS, COUNTY desires to employ the professional services of LOBBYIST for E
state legislative lobbying services to advance the County's legislative priorities and issues
including but not limited to land acquisition, water quality, Stewardship Act appropriations, other
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 —'
preemptions, 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
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WHEREAS, LOBBYIST have agreed to provide the professional services as
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LOBBYISTS for representation as described in this agreement; and
NOW, THEREFORE, in consideration of the mutual promises, covenants and Q
agreements stated herein, and for other good and valuable consideration, the sufficiency of which Q
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 I year, beginning October 1, 2020. 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$72,000 (Seventy-Two Thousand
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 LOBBYIST is seeking reimbursement,
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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 $72,000 (Seventy-
Two Thousand 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 to 2-112.
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 2
Affairs. 6
3.2 Effectively communicate COUNTY's state legislative program and issues to members
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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
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with members and officials of the Legislative and Executive Branch of state government
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,
interpreting, and monitoring legislation, agency rules and regulations; drafting legislation,
amendments, proviso language, position papers, and testimony; obtaining documentation 2
and research materials; and securing sponsors for bills, amendments, resolutions, proviso 0
language and other legislation, as necessary to accomplish COUNTY's legislative and
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executive branch goals. t�
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
program, and executive branch issues or projects assigned to the firm. N
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 Ec
COUNTY at other times, as directed by the Director of Legislative Affairs. U
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 session and
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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 2
a manner that they shall be accurate, coordinated and adequate for use in the subsequent 0
implementation phases and shall be in conformity and comply with all applicable law,
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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
or incorrect information. a,
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 Capitol Group
Inc. In providing the services, LOBBYIST and its agents shall not be acting and shall not 01
be deemed as acting as officers, employees, or agents of the COUNTY, nor shall they
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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-
LOBBYISTs, or both. N
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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, Ec
schedule, constraints and criteria. COUNTY shall designate a representative to act on the U
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
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With a copy to:
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Bob Shillinger, County Attorney 6
1111 121h Street, Suite 408 C,
Key West, FL 33040
6.2: Notice to the LOBBYIST shall be delivered to:
Robert Reyes
300 South Duval Street
Suite 410
Tallahassee, Fl. 32301
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7. CONFLICT OF INTEREST. LOBBYIST agrees it shall not contract for or accept 2
employment for the performance of any work or service with any individual, business 00
corporation, or government unit that would create a conflict of interest in the performance
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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 E
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LOBBYIST's work on behalf of the COUNTY. Such relationship includes, but is not U
limited to, representing a client whose interest is currently in opposition to the interest of
the COUNTY; serving as a consulting 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 LOBBYISTY 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.
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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, 2
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including by not limited to the following: 1) allow a waiver and allow the LOBBYIST to 6
continue to represent both the County and the other party; 2) disallow a waiver and require
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the LOBBYISTY 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
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limitations or restrictions the County Administrator, in consultation with the County
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.
The Board of County Commissioners may take any action necessary, such as termination
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 2
reserved to the Board. 6
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8. INSURANCE. The LOBBYIST shall obtain insurance within thirty (30) days of the
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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 N
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 Ec
LOBBYIST'S failure to purchase or maintain the required insurance,the LOBBYIST shall C
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 onsite and offsite operations, and owned, hired or non-
owned vehicles, with One Hundred Thousand Dollars ($100,000) combined single
limit. If split limits are provided, the minimum limits acceptable shall be: Fifty
Thousand Dollars ($50,000) per person, One Hundred Thousand Dollars ($100,000)
per occurrence, and Twenty Five Thousand Dollars ($25,000)property damage.
D. Commercial general liability covering claims for injuries to members of the public or
damage to property of others arising out of any covered act or omission of the 2
LOBBYIST or any of its employees, agents or SUB-LOBBYISTs, including Premises 6
and/or Operations, Products and Completed operations, personal injury liability, and
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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
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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. 2
F. LOBBYIST shall provide to the COUNTY certificates of insurance or a copy of all 6
insurance policies including those naming the COUNTY as an additional insured. The C
COUNTY reserves the right to require a certified copy of such policies upon request. t�
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 E
owned by Monroe County) and any other losses, damages, and expenses (including C
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 an prepared 2
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by the LOBBYIST for this Project belong to the COUNTY, and may not be reproduced 6
and copied without acknowledgement and permission of the COUNTY.
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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 as
written consent of the COUNTY. Subject to the provisions of the immediately preceding
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sentence, each party hereto binds itself, its successors, assigns and legal representatives to
the other and to the successors, assigns and legal representatives of such other party.
13. NO THIRD PARTY BENEFICIARIES. Nothing contained herein shall create any
relationship, contractual or otherwise, with or any rights in favor of, any third party. �
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14. CONTRACT DOCUMENTS. This contract consists of the Agreement and its 2
attachment. In the event of any conflict between any of the contract documents, the one 6
imposing the greater burden on the LOBBYIST will control.
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15. PUBLIC ENTITIES CRIMES. A person or affiliate who has been placed on the
convicted vendor list following a conviction for public entity crime may not submit a bid
on contracts to provide any goods or services to a public entity, may not submit a bid on a N
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 Ec
under a contract with any public entity,and may not transact business with any public entity U
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.
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16. MAINTENANCE OF RECORDS. LOBBYIST shall maintain all books, records, and :3
documents directly pertinent to performance under this Agreement in accordance with 2
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generally accepted accounting principles consistently applied. Each party to this
Agreement or its authorized representatives shall have reasonable and timely access to such
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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
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LOBBYIST pursuant to this Agreement were spent for purposes not authorized by this
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 :3
JURY TRIAL. This Agreement shall be governed b and construed in accordance with 2
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the laws of the State of Florida applicable to contracts made and to be performed entirely 6
in the State. In the event that any cause of action or administrative proceeding is CL
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instituted for the enforcement or interpretation of this Agreement, COUNTY and
LOBBYIST agree that venue shall lie in Monroe County, Florida, in the appropriate court
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or before the appropriate administrative body. The Parties waive their rights to a trial by
jury. The COUNTY and LOBBYIST agree that, in the event of conflicting interpretations N
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. Ec
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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
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in accordance with the Florida Rules of Civil Procedure and usual and customary N
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 CL
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shall bind and inure to the benefit of the COUNTY and LOBBYIST and their respective
legal representatives, successors, and assigns.
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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 2
further the purpose of this Agreement; provided that all applications, requests, grant 6
proposals, and funding solicitations shall be approved by each party prior to submission.
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23. ADJ[TDICATION OF DISPUTES OR DISAGREEMENTS. COUNTY and �
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LOBBYIST agree that all disputes and disagreements shall be attempted to be resolved by
meet and confer sessions between representatives of each of the partieslf the issue or issues N
are still not resolved to the satisfaction of the parties, then any party shall have the right to
seek such relief or remedy as may be provided by this Agreement or by Florida law.
24.1 COUNTY and LOBBYIST specifically agree that no party to this Agreement shall Ec
be required to enter into any arbitration proceedings related to this Agreement. U
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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,
processes, meetings, and other activities related to the substance of this Agreement or
provision of the services under this Agreement.
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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
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 2
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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
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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
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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, as
amended (42 USC §§ 1201 ), as maybe amended from time to time, relating to
nondiscrimination on the basis of disability; 10) Monroe County Code Chapter 14, Article
II, 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. 2
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26. 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 N
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. Ec
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27. 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
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
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from monies owed, or otherwise recover, the full amount of such fee, commission,
percentage, gift, or consideration.
28. 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. LOBBYIST must comply with Florida public records laws,
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including but not limited to Chapter 119, Florida Statutes and Section 24 of article I of the
Constitution of Florida. The County and LOBBYIST shall allow and permit reasonable
access to, and inspection of, all documents,records,papers, letters or other"public record" 2
materials in its possession or under its control subject to the provisions of Chapter 119 6
Florida Statutes, and made or received by the County and LOBBYIST in conjunction with
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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 LOBBYIST. Failure
of the LOBBYIST to abide by the terms of this provision shall be deemed a material breach
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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
attorney's fees and costs associated with that proceeding. This provision shall survive any
termination or expiration of the contract.
The LOBBYIST 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 LOBBYIST is
required to: 2
(1) Keep and maintain public records that would be required by the Countyter to perform 0
the service.
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(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
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time at a cost that does not exceed the cost provided in this chapter or as otherwise provided
by law. N
(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 LOBBYIST Ec
does not transfer the records to the County. U
(4) Upon completion of the contract, transfer, at no cost, to the County all public records
in possession of the LOBBYIST or keep and maintain public records that would be
required by the County to perform the service. If the LOBBYIST transfers all public
records to the County upon completion of the contract, the LOBBYIST shall destroy any
duplicate public records that are exempt or confidential and exempt from public records
disclosure requirements. If the LOBBYIST keeps and maintains public records upon
completion of the contract, the LOBBYIST shall meet all applicable requirements for
retaining public records. All records stored electronically must be provided to the County,
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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 LOBBYIST of the request, and the LOBBYIST must
provide the records to the County or allow the records to be inspected or copied within a
reasonable time.
If the LOBBYIST 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
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violation of this provision by the LOBBYIST. A LOBBYIST who fails to provide the
public records to the County or pursuant to a valid public records request within a
reasonable time may be subject to penalties under section 119.10, Florida Statutes. 2
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The LOBBYIST 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
by law.
IF THE LOBBYIST HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
LOBBYIST'S DUTY TO PROVIDE PUBLIC RECORDS RELATING
TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC
RECORDS,BRIAN BRADLEY AT PHONE# 305-292-3470 BRADLEY-
BRIAN(&,MONROECOUNTY-FL.GOV, MONROE COUNTY
ATTORNEY'S OFFICE 1111 12TH Street, SUITE 408, KEY WEST, FL 0
33040. 6
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29. NON-WAIVER OF IMMUNITY. Notwithstanding the provisions of Sec. 768.28, CD
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Florida Statutes, the participation of the LOBBYIST and the COUNTY in this Agreement CD
and the acquisition of any commercial liability insurance coverage, self-insurance
coverage, or local government liability insurance pool coverage shall not be deemed a as
waiver of immunity to the extent of liability coverage, nor shall any contract entered into M
by the COUNTY be required to contain any provision for waiver.
30. 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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of such officers, agents, volunteers, or employees outside the territorial limits of the
COUNTY.
31. 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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32. 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- 6
party claim or entitlement to or benefit of any service or program contemplated hereunder, CU
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,
counsel, or otherwise indicate that any particular individual or group of individuals, entity E
or entities, have entitlements or benefits under this Agreement separate and apart, inferior 2
to, or superior to the community in general or for the purposes contemplated in this
Agreement.
33. EXECUTION OF COUNTY FORMS. LOBBYIST agrees to execute such documents
as COUNTY may reasonably require,including a Public Entity Crime Statement,an Ethics
Statement, and a Drug-Free Workplace Statement. 2
34. NO PERSONAL LIABILITY. No covenant or agreement contained herein shall be CU
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 Q
employee of Monroe County shall be liable personally on this Agreement or be subject to Q
any personal liability or accountability by reason of the execution of this Agreement. Q
35. ASSIGNMENT/SUBCONTRACT. LOBBYIST shall not assign or subcontract its
obligations under this agreement, except in writing and with the prior written approval of U
the Board of County Commissioners of Monroe County, which approval shall be subject
to such conditions and provisions as the Board may deem necessary.
36. 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
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.
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37. TERMINATION
A. In the event that the LOBBYIST shall be found to be negligent in any aspect of service,
the COUNTY shall have the right to terminate this agreement after five days written
notification to the LOBBYIST.
B. Either of the parties hereto may cancel this Agreement without cause by giving the
other party thirty (30) days written notice of its intention to do so.
C. Scrutinized Companies: If the County determines that the LOBBYIST has submitted a
false certification under Section 287.135(5), Florida Statutes or has been placed on the
Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel, the Q
County shall have the option of (1) terminating the Agreement after it has given the
LOBBYIST written notice and an opportunity to demonstrate the agency's 2
determination of false certification was in error pursuant to Section 287.135(5)(a), 0
Florida Statutes, or (2) maintaining the Agreement if the conditions of Section
6
287.135(4), Florida Statutes, are met.
38. EXECUTION IN COUNTERPARTS. This Agreement may be executed in any number a
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. 0
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(SEAL) BOARD OF COUNTY COMMISSIONERS OF 2
Attest: KEVIN MADOK, Clerk MONROE COUNTY, FLORIDA 0
6
By: By:
Deputy Clerk Mayor/Chairman
Date: 04
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04
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04
Capitol Group, Inc. 04
BY: By:
Authorized Signature Authorized Signature U
Print Name: Print Name:
Title: Title
Date: Date:
END OF AGREEMENT
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