Item P6 P.6
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.6
Agenda Item Summary #7419
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 Thorn Run Partners (Greg
Burns) for federal lobbying services on behalf of Monroe County effective October 1, 2020.
ITEM BACKGROUND: The County continues to require representation/lobbying/advocacy in the
legislative and executive branches of federal government and with federal agencies.
PREVIOUS RELEVANT BOCC ACTION:
• October 2019 BOCC approved annual contract with Thorn Run Partners
• April 2018 BOCC approved assignment of Van Scoyoc contract to Thorn Run Partners
• October 2017 BOCC approved annual contract with Van Scoyoc
• September 2016 BOCC approved Second Amendment to Agreement with Van Scoyoc for
contract renewal
• September 2015 BOCC approved First Amendment to Agreement with Van Scoyoc for contract
renewal
• September 2014 BOCC approved Professional Services Agreement with Van Scoyoc Inc for
federal lobbying services
CONTRACT/AGREEMENT CHANGES:
No change in contract price or terms.
STAFF RECOMMENDATION: Approval.
DOCUMENTATION:
Thorn Run Federal Lobbying Contract Oct 2020-21
FINANCIAL IMPACT:
Effective Date: October 1, 2020
Expiration Date: September 30, 2021
Packet Pg. 3906
P.6
Total Dollar Value of Contract: $80,000.00
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 2:37 PM
Purchasing Completed 10/01/2020 3:47 PM
Budget and Finance Completed 10/02/2020 8:18 AM
Maria Slavik Completed 10/02/2020 10:23 AM
Liz Yongue Completed 10/02/2020 3:07 PM
Board of County Commissioners Pending 10/21/2020 9:00 AM
Packet Pg. 3907
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AGREEMENT FOR
LOBBYING SERVICES
Between
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
And
THORN RUN PARTNERS, LLC
THIS AGREEMENT, made and entered into this 21st day of October 2020, by and
between Monroe COUNTY(hereinafter referred to as "COUNTY"), a political subdivision of the Q
State of Florida, through the Monroe County Board of County Commissioners ("BOCC"), whose
address is 1100 Simonton Street, Key West, Florida 33040, and Thorn Run Partners, LLC.
(hereinafter referred to as "LOBBYIST"), a corporation authorized to do business in the State of 0
Florida,whose address is 100 M Street SE, Suite 750, Washington DC 20003;
WHEREAS, the COUNTY desires to employ the professional services of LOBBYIST, for
federal legislative and lobbying services assigned by the County Administrator and Legislative
Affairs Director and agreed to by LOBBYIST; and t
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WHEREAS, LOBBYIST has agreed to provide professional services for federal legislative Q
and lobbying services as assigned by the County Administrator and agreed to by LOBBYIST; and
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NOW, THEREFORE, in consideration of the mutual promises, covenants and
agreements stated herein, and for other good and valuable consideration, the sufficiency of which 2
is hereby acknowledged, COUNTY and LOBBYIST agree as follows: 0
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1. TERM OF AGREEMENT. This agreement shall be effective upon approval and the
agreement shall continue for a period of 1 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.
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2. COMPENSATION. The County, in consideration of the LOBBYIST satisfactorily a-
performing services, shall pay the LOBBYIST a total of $80,000 (Eighty 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 0
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, including but not limited to the exact dates of travel, mileage, costs, Ec
receipts and description of work completed under this Contract. Total Contract shall not U
exceed $80,000 (Eighty 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 et. seq.
3. SCOPE OF SERVICES.
3.1 Provide legislative and lobbying services at the federal level to assist Monroe
COUNTY in developing and implementing a Federal Legislative Program.
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3.2 Meet with COUNTY staff (COUNTY Administrator, COUNTY Attorney,
Legislative Director, and other relevant staff as needed) and the Board of COUNTY
Commission to develop a detailed Federal Legislative Program. Work closely with
COUNTY staff to identify the COUNTY's goals, priorities and specific projects, and
which of these can be addressed at the federal level, and assist in developing written
material on each priority and project in the COUNTY's Federal Legislative Program
to provide to congressional staff and federal agency staff.
3.3 Monitor current federal legislation, federal budget process, federal agency actions
legislative committee meetings, executive branch activity, agency hearings and
meetings prior to and during the regular session, and pro-actively report to the Q
COUNTY, both verbally and in writing, any new information or legislative events
that may directly or indirectly impact the COUNTY; and in the event that action is
needs, advise the COUNTY. 0
3.4 Propose and implement lobbying strategies to help support the COUNTY's federal
agenda.
3.5 Develop and evaluate strategy for the support, opposition, or amendment of pending
legislation that enhances the COUNTY's federal legislative program.
3.6 Identify key Congressional and federal agency contacts relating to specific COUNTY
issues; draft appropriate correspondence; and schedule briefings and meetings
between COUNTY officials and Congressional leaders, executive branch N
representatives, and agency representatives.
3.7 Coordinate with COUNTY's Congressional delegation in gaining support for the 0
COUNTY's federal agenda. U
3.8 Advocate with Congressional members, congressional committees, executive branch,
and federal agencies in support of the COUNTY's goals,priorities, and projects.
3.9 Represent the COUNTY and the Board before Congress and federal agencies.
3.10 Work closely with COUNTY staff in researching current issues and providing
background information.
3.11 Provide technical assistance and guidance to staff on correspondence and reports —'
related to the COUNTY'S federal issues and priorities.
3.12 Review the legislative policy statements adopted by the Florida Association of
Counties and the National Association of Counties and other local governments and
lobbying groups for the purpose of identifying issues which may either positively or
negatively affect the COUNTY.
3.13 Provide written monthly activity reports and periodic updates on advocacy activity,
pending legislation, briefings/meetings, and on issues of interest or concern to the
COUNTY. Reports must contain, when possible, specific legislation, names of
contacts made, and the COUNTY's legislative priority it relates to, as well as any
foreseeable legislation or rulings that may affect the COUNTY. Attend weekly V
conference calls and present an annual report to the Board in Monroe COUNTY,
Florida.
3.14 Research and provide information on existing and new funding and appropriations
activities, availability of funding, distribution of funding, year-end rollover funding,
techniques to be used by COUNTY to capitalize on opportunities, and examples of
successful local government applications; identify agencies or local governments
which may be competing for specific grants or appropriations, and help align support
for the COUNTY's position.
3.15 Provide office space for COUNTY staff to use when they are in Washington, DC.
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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 Q
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 0
implementation phases and shall be in conformity and comply with all applicable law,
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.
4.5: The LOBBYIST assumes full responsibility to the extent allowed by law with N
regards to his performance and those directly under his employ. N
4.6: The LOBBYIST'S services shall be performed as expeditiously as is consistent with 0
professional skill and care and the orderly progress of the scope of services. U
4.7: LOBBYIST are independent contractors under this Agreement. Services provided by
LOBBYIST, or SUB-LOBBYIST(s), shall be subject to the supervision of LOBBYIST.
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-
LOBBYIST, or both.
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 V
its representative to LOBBYIST 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.
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.
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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:
Bob Shillinger, County Attorney
1111 121h Street, Suite 408
Key West, FL 33040
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6.2: Notice to the LOBBYIST shall be delivered to:
Greg Burns, Thorn Run Partners
100 M Street SE, Suite 750
Washington, DC 20003 0
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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 N
corporation, or government unit that would create a conflict of interest in the performance N
of its obligations under this Agreement. LOBBYIST further agrees it will neither take any 0
action nor engage in any conduct that would cause any County employee or official to U
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 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
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
Page 4 of 13 Packet Pg. 3911
R6.a
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, including by not limited to the following: 1) allow a waiver and allow
the LOBBYIST to 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 parry; 3) allow a limited waiver and
require the LOBBYIST to continue to represent both the County and the other parry under Q
whatever 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 0
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
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reserved to the Board. 0,4
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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 2
showing 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 0
from such delay.
8.1: The coverage provided herein shall be provided by an insurer with an A.M. Best a_
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 0
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: U
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
Page 5 of 13 Packet Pg. 3912
R6.a
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
LOBBYIST or any of its employees, agents or SUB-LOBBYIST, including Premises
and/or Operations, Products and Completed operations, personal injury liability, and
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 Q
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 0
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-LOBBYIST to be adequately insured. COUNTY
will not pay for increased limits of insurance for SUB-LOBBYIST.
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 N
COUNTY reserves the right to require a certified copy of such policies upon request. N
G. COUNTY shall be named as additional insured on all insurance policies, except the 0
professional insurance policy. U
9. HOLD HARMLESS. The LOBBYIST covenant and agree to indemnify and hold 0
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 LOBBYIST or any of its Subcontractor(s) in any tier, occasioned by the
negligence, errors, or other wrongful act of omission of the LOBBYIST 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 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.
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The first ten dollars ($10.00) of remuneration paid to the LOBBYIST is for the U
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.
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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.
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
the other and to the successors, assigns and legal representatives of such other party.
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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
attachment. In the event of any conflict between any of the contract documents, the one
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 t
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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 0
or perform work as a contractor, supplier, subcontractor, LOBBYIST or SUB- U
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). a
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.
In addition to the foregoing, LOBBYIST further represents that there has been no 0
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" E
regardless of the amount of money involved or whether LOBBYIST has been placed on U
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
generally accepted accounting principles consistently applied. Each party to this Agreement
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or its authorized representatives shall have reasonable and timely access to such records of
each other party to this Agreement for public records purposes during the term of the
Agreement and for four years following the termination of this Agreement. If an auditor
employed by the COUNTY or County Clerk determines that monies paid to 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.
17. GOVERNING LAW, VENUE, INTERPRETATION, MEDIATION, WAIVER OF
JURY TRIAL. This Agreement shall be governed by and construed in accordance with the CD
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 LOBBYIST agree that 0
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 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.
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18. SEVERABILITY. If any term, covenant, condition or provision of this Agreement (or the N
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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, 0
conditions and provisions of this Agreement, shall not be affected thereby; and each U
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 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 a�
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.
20. BINDING EFFECT. The terms, covenants, conditions, and provisions of this Agreement
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 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.
23. ADJ[TDICATION OF DISPUTES OR DISAGREEMENTS. COUNTY and LOBBYIST
agree that all disputes and disagreements shall be attempted to be resolved by meet and
confer sessions between representatives of each of the parties If 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. Q
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.
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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 N
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 0
automatically terminates without any further action on the part of any party, effective the U
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 on the basis of drug W
abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and L-
Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the
basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and zi
527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol a)
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, CU
9) The Americans with Disabilities Act of 1990, as amended (42 USC s. 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.
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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
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.
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 CD
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
from monies owed, or otherwise recover, the full amount of such fee, commission,
percentage, gift, or consideration. M
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28. PUBLIC ACCESS. The LOBBYIST and COUNTY shall allow and permit reasonable
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access to, and inspection of, all documents, papers, letters or other materials in its N
possession or under its control subject to the provisions of Chapter 119, Florida Statutes, U'
and made or received by the LOBBYIST and COUNTY in connection with this Agreement; 0
and the COUNTY shall have the right to unilaterally cancel this Agreement upon violation U
of this provision by LOBBYIST.
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Public Records Compliance. LOBBYIST must comply with Florida public records laws,
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" —'
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 LOBBYIST in conjunction with
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 W
of the LOBBYIST to abide by the terms of this provision shall be deemed a material breach L-
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 a)
or expiration of the contract. M
The LOBBYIST is encouraged to consult with its advisors about Florida Public Records CU
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:
(1) Keep and maintain public records that would be required by the County to perform 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.
Page 10 of 13 Packet Pg. 3917
R6.a
(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
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 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 CD
contract, the LOBBYIST 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 0
technology systems of the County.
(5) A request to inspect or copy public records relating to a County contract must be made W
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 M
the records to the County or allow the records to be inspected or copied within a reasonable
time.
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If the LOBBYIST does not comply with the County's request for records, the County shall N
enforce the public records contract provisions in accordance with the contract, 0
notwithstanding the County's option and right to unilaterally cancel this contract upon U
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 section119.10, Florida Statutes.
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 0
TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC
RECORDS, BRIAN BRADLEY AT PHONE# 305-292-3470 BRADLEY-
BRIAN(d,MONROECOUNTY-FL.GOV, MONROE COUNTY
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ATTORNEY'S OFFICE 1111 12TH Street, SUITE 408, KEY WEST, FL
33040.
29. 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.
Page ll of 13 Packet Pg. 3918
R6.a
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 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, Q
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 0
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 W
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 0,4
the terms, or any of them, of this Agreement to enforce or attempt to enforce any third-party N
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 0
agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise U
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.
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.
34. 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.
35. ASSIGNMENT/SUBCONTRACT. LOBBYIST shall not assign or subcontract its
obligations under this agreement, except in writing and with the prior written approval of CU
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 LOBBYIST 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 LOBBYIST or any of their employees, contractors, servants, or
agents to be employees of the Board of County Commissioners of Monroe County.
37. TERMINATION
Page 12 of 13 Packet Pg. 3919
R6.a
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 determination of 2
false certification was in error pursuant to Section 287.135(5)(a), Florida Statutes, or (2) 0
maintaining the Agreement if the conditions of Section 287.135(4), Florida Statutes, are
met. �
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38. EXECUTION IN COUNTERPARTS. This Agreement may be executed in any number of
counterparts, each of which shall be regarded as an original, all of which taken together shall
constitute one and the same instrument and any of the parties hereto may execute this Q
Agreement by signing any such counterpart. Q
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IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its duly
authorized representative.
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(SEAL) BOARD OF COUNTY COMMISSIONERS
OF
Attest: KEVIN MADOK, Clerk MONROE COUNTY, FLORIDA
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By: By:
Deputy Clerk Mayor/Chairman
Date:
WITNESS: THORN RUN PARTNERS, LLC
BY: ��S By:
Authorized Signature Authorized Signature
Print Name: Guneev Sharma Print Name: _Greg Burns
Date: October 2, 2020 Title :—Partner
Date: October 2, 2020
END OF AGREEMENT
Page 13 of 13 Packet Pg. 3920
R6.a
SWORN STATEMENT UNDER ORDINANCE NO. 010-1990
MONROE COUNTY, FLORIDA
ETHICS CLAUSE
Thorn Run Partners „
(Company)
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"...warrants that he/it has not employed, retained or otherwise had act on his/her behalf any
former County officer or employee in violation of Section 2 of Ordinance No. 010-1990 or any U
County officer or employee in violation of Section 3 of Ordinance No. 010-1990. For breach or
violation of this provision the County may, in its discretion, terminate this Agreement without 0
liability and may also, in its discretion, deduct from the Agreement or purchase price, or otherwise
recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the
former County officer or employee." i
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(Signature)
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Date: October 2, 2020
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Packet Pg. 3921
R6.a
DRUG-FREE WORKPLACE FORM
The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that:
Thorn Run Partners
(Name of Business)
1. Publish a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the workplace
and specifying the actions that will be taken against employees for violations of such
prohibition.
2. Inform employees about the dangers of drug abuse in the workplace, the business' policy
of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and
employee assistance programs, and the penalties that may be imposed upon employees
for drug abuse violations.
3. Give each employee engaged in providing the commodities or contractual services that
are under bid a copy of the statement specified in subsection (1).
4. In the statement specified in subsection (1), notify the employees that, as a condition of
working on the commodities or contractual services that are under bid, the employee will
abide by the terms of the statement and will notify the employer of any conviction of, or t
plea of guilty or nolo contendere to, any violation of Chapter 893 (Florida Statutes) or of
any controlled substance law of the United States or any state, for a violation occurring in N
the workplace no later than five (5) days after such conviction.
5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance U
or rehabilitation program if such is available in the employee's community, or any 2
employee who is so convicted.
6. Make a good faith effort to continue to maintain a drug-free workplace through r_
implementation of this section.
As the person authorized to sign the statement, I certify that this firm complies fully with the above
requirements. 0
(Signature)
Date:
October 2, 2020
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Packet Pg. 3922
R6.a
PUBLIC ENTITY CRIME STATEMENT
"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 a contract 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, or CONTRACTOR
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, for CATEGORY TWO for a period
of 36 months from the date of being placed on the convicted vendor list."
I have read the above and state that neither Thorn Run Partners (Respondent's name)
nor any Affiliate has been placed on the convicted vendor list within the last 36 months.
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(Signature)
Date: October 2, 2020
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Packet Pg. 3923