Item I4 1.4
County f � .�� ",�, 1 BOARD OF COUNTY COMMISSIONERS
Mayor Craig Cates,District 1
Mayor Pro Tem Holly Merrill Raschein,District 5
The Florida Keys
Michelle Lincoln,District 2
James K.Scholl,District 3
David Rice,District 4
County Commission Meeting
May 17, 2023
Agenda Item Number: I.4
Agenda Item Summary #12092
BULK ITEM: Yes DEPARTMENT: Airports
TIME APPROXIMATE: STAFF CONTACT: Richard Strickland (305) 809-5200
N/A
AGENDA ITEM WORDING: Approval of an agreement with The Southern Group of Florida,
Inc. for professional lobbying services on behalf of the Key West International Airport in the amount
of$84,000.00 per year. The contract is funded by Airport Operating Fund 404.
ITEM BACKGROUND: The Southern Group of Florida, Inc. provides professional lobbyist
services, and will specifically lobby the State of Florida's Executive Branch Agencies on behalf of
Key West International Airport, including the Governor's office and the Department of
Transportation to secure appropriation and recurring funding in the Governor's budget; and secure
Governor, DEP and SFWMD support for Environmental Land Bank funding for Monroe County;
and other efforts all at the direction of Monroe County.
PREVIOUS RELEVANT BOCC ACTION: Approval of various other agreements for lobbying
services.
CONTRACT/AGREEMENT CHANGES:
New Agreement
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
Key West International Airport Contract 2023
FINANCIAL IMPACT:
Effective Date: May 17, 2023
Expiration Date: May 16, 2024
Total Dollar Value of Contract: $84,000 ($7,000 per month x 12 months
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Total Cost to County: 0
Current Year Portion:
Budgeted: Yes
Source of Funds: Airport Operating Fund 404
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: No If yes, amount:
Grant:
County Match:
Insurance Required: Yes, will be provided prior to County execution of the contract
Additional Details:
06/01/23 404-63201 - KEY WEST AIRPORT ADMIN $84,000.00
REVIEWED BY:
Beth Leto Completed 05/01/2023 12:23 PM
Richard Strickland Skipped 05/01/2023 5:56 PM
Pedro Mercado Completed 05/02/2023 10:36 AM
Purchasing Completed 05/02/2023 11:27 AM
Budget and Finance Completed 05/02/2023 12:35 PM
Brian Bradley Completed 05/02/2023 1:34 PM
Lindsey Ballard Completed 05/02/2023 2:37 PM
Board of County Commissioners Pending 05/17/2023 9:00 AM
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AGREEMENT FOR LOBBYING SERVICES
Between
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
And
THE SOUTHERN GROUP OF FLORIDA, INC.
THIS AGREEMENT (AGREEMENT) is made of this 17th day of May 2023
between Monroe County, a political subdivision of the State of Florida, whose address is 1100
Simonton Street, Key West, Florida 33040, its successors and assigns, hereinafter referred to as
"COUNTY," through the Monroe County Board of County Commissioners ("BOCC"), and The
Southern Group of Florida, Inc., a Florida Corporation whose address is 123 S. Adams Street,
Tallahassee, Florida, 32301, its successors and assigns, hereinafter referred to as "LOBBYIST".
WHEREAS, the COUNTY desires to engage LOBBYIST for lobbying services related
to Key West International Airport (Airport), and Ul)
WHEREAS, LOBBYIST have agreed to provide the professional services as
LOBBYISTS for representation as described in this AGREEMENT.
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NOW, THEREFORE, in consideration of the mutual covenants and promisesCU
hereinafter contained, the parties do hereby agree as follows:
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1. TERM OF AGREEMENT. The term of this AGREEMENT shall be for a period �I
of 1 year beginning May 17,2023 and terminating May 16,2024. 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 $7,000.00 (Seven Thousand Dollars)
per month in arrears on a lump sum basis. NO additional compensation shall be paid for the
services provided in accordance with the Scope of Services. Invoicing will take place over 12
months with the initial invoicing for the services beginning on June 1, 2023.
COUNTY shall make payment in accordance with the Florida Local Government Prompt
Payment Act upon submission of invoices with supporting documentation acceptable to the Clerk
of Courts (Clerk). Acceptability to the Clerk is based on generally accepted accounting principles
and such laws, rules and regulations as may govern the Clerk's disbursal of funds.
3. SCOPE OF SERVICES.
3.1 LOBBYIST will represent Monroe County's Key West International Airport
specifically to lobby the State of Florida's Executive Branch Agencies on behalf of
Monroe County's Key West International Airport, including the Governor's office,
and the Department of Transportation to: secure appropriation and recurring
funding in the Governor's budget; to secure Governor, DEP and SFWMD support
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for Environmental Land Bank funding for Monroe County; and other efforts all at
the direction of Monroe County. In addition, LOBBYIST will monitor all actions
of the executive branch that could impact Monroe County's Environmental
Mitigation Efforts in Florida.
3.2 Effectively communicate COUNTY's pursuit of appropriation and recurring
environmental mitigation funding to members of the Governor's office and
Cabinet, and executive departments, agencies, offices, commissions and other
governmental units of the state of Florida.
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3.3 Upon request, arrange meetings for County Commissioners, County officials, and 2
staff with key officials and members of the Executive Branch of state government
and other entities as Governor's Office, Cabinet, and state agencies re: County's
pursuit of appropriation and recurring funding for Environmental Mitigation
Efforts.
3.4 Attend weekly team strategy meetings, legislative committee meetings, briefings, LO
and hearings, during session and interim committee weeks, and report on >-
assignment; and participate in meetings, conference calls, and provide verbal or
written reports to COUNTY at other times, as directed by the Executive Director N
of Airports. Ni
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3.5 Consult with County Commissioners, County Administrator, Executive Director of
Airports, County Attorney, and such other persons designated by the Contract U
Administrator and take any necessary action, as determined by the County 1�
Administrator and Executive Director of Airports.
3.6 Written reports: LOBBYIST shall provide updates and/or prepare and submit CU
written reports, as may be directed by the Executive Director of Airports,regarding
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the status of an assignment,progress made to achieve such matters, and/or an end-
of-session report upon the conclusion of any regular or special session.
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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
priorities.
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4.4: The LOBBYIST shall prepare all documents, if required, by this AGREEMENT in
such a manner that they shall be accurate, coordinated and adequate for use in the
subsequent implementation phases and shall be in conformity and comply with all
applicable law, 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.
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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 LO
by LOBBYIST, or SUB-LOBBYIST(s), shall be subject to the supervision of Capital City
Consulting. 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. NCU
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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- 0
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LOBBYISTS, or both. 1�i
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5. COUNTY'S RESPONSIBILITIES. COUNTY shall provide information in its
possession upon request from LOBBYIST as needed for the Project including objectives,schedule, CU
constraints and criteria. COUNTY shall designate a representative to act on the COUNTY'S behalf g
with respect to the Project. The COUNTY or its representative shall render decisions in a timelyCU
manner pertaining to documents submitted by the LOBBYIST in order to avoid unreasonable delay 2
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:
Richard Strickland, Director of Airports
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3491 S. Roosevelt Blvd.
Key West, Florida 33040
With a copy to:
Bob Shillinger, County Attorney
1111 12fn Street, Suite 408
Key West, FL 33040
6.2: Notice to the LOBBYIST shall be delivered to:
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Adria Cavany
The Southern Group
P.O. Box 10570
Tallahassee, FL 32302
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7. CONFLICT OF INTEREST. LOBBYIST agrees it shall not contract for or
accept employment for the performance of any work or service with any individual, business
corporation, or government unit that would create a conflict of interest in the performance of its >-
obligations under this AGREEMENT. LOBBYIST further agrees it will neither take any action
nor engage in any conduct that would cause any County employee or official to violate the
provisions of Chapter 112, Florida Statutes, relating to ethics in government. i
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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 psi
could be adverse to the COUNTY or which would or could interfere with the LOBBYIST's work 1�
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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 CU
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. U)
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7.2 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 E
every County interest can be anticipated or enumerated in the County's legislative package, and CU
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 Director of
Airports immediately in writing, provide sufficient information concerning the conflict, and seek
a waiver of the conflict. The Director of Airports 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 Director of Airports,
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 parry; 2) disallow a waiver and require the LOBBYIST
to choose between representing the County or the other parry, 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 whatever limitations or restrictions the Director of Airports, in
consultation with the County Attorney, determines to be appropriate. Any such actions by the
Director of Airports 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 reserved to the
Board.
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8. INSURANCE. The LOBBYIST shall obtain insurance within thirty (30) days of
the effective date of this AGREEMENT as specified and shall provide proof of insurance showing LO
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
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include the work of others) is delayed or suspended as a result of the LOBBYIST'S failure to Ni
purchase or maintain the required insurance, the LOBBYIST shall indemnify the COUNTY from
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any and all increased expenses resulting from such delay.
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8.1: The coverage provided herein shall be provided by an insurer with an A.M.Best Rating 1�I
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 g
COUNTY. CU
8.2: LOBBYIST shall obtain and maintain the following policies:
A. Workers' Compensation insurance as required by the State of Florida.
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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 nonowned
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,
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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-LOBBYISTS, 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 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. Ul)
E. LOBBYIST shall require its SUB-LOBBYISTS to be adequately insured. COUNTY
will not pay for increased limits of insurance for SUB-LOBBYISTS.
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F. LOBBYIST shall provide to the COUNTY certificates of insurance or a copy of allCU
insurance policies including those naming the COUNTY as an additional insured. The
COUNTY reserves the right to require a certified copy of such policies upon request. 0
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G. COUNTY shall be named as additional insured on all insurance policies, except the
professional insurance policy.
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 forCU
bodily injury (including death), personal injury, and property damage (including property owned
by Monroe County)and any other losses, damages, and expenses (including attorney's fees)which
arise out of, in connection with, or by reason of services provided by LOBBYISTS or any of its
Subcontractor(s) in any tier, occasioned by the negligence, errors, or other wrongful act of
omission of the LOBBYISTS or its Subcontractors in any tier, their employees, or agents. In the
event the completion of the project (to include the work of others) is delayed or suspended as a
result of the LOBBYISTS's failure to purchase or maintain the required insurance, the
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LOBBYISTS shall indemnify the County from any and all increased expenses resulting from such
delay. 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.
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It. 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.
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.
14. CONTRACT DOCUMENTS. This contract consists of the AGREEMENT and
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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. Ul)
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 contract Ni
with a public entity for the construction or repair of a public building or public work, may not
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submit bids on leases of real property to public entity, may not be awarded or perform work as a
contractor, supplier, subcontractor, LOBBYIST or SUB-LOBBYIST under a contract with any 0
public entity, and may not transact business with any public entity in excess of the threshold U
amount provided in Section 287.017 of the Florida Statutes, for CATEGORY TWO for a period 0
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 2
AGREEMENT will not violate the Public Entity Crimes Act(Section 287.133, Florida Statutes). CU
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
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
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charged with committing an act defined as a "public entity crime" regardless of the amount of
money involved or whether LOBBYIST has been placed on the convicted vendor list.
LOBBYIST will promptly notify the COUNTY if it or any SUB-LOBBYIST is
formally charged with an act defined as a "public entity crime" or has been placed on the
convicted vendor list.
16. MAINTENANCE OF RECORDS. LOBBYIST shall maintain all books,records,
and documents directly pertinent to performance under this AGREEMENT in accordance with
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 parry 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
AGREEMENT 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 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
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 Ul)
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 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,
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covenants, conditions and provisions of this AGREEMENT, shall not be affected thereby; and
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each remaining term, covenant, condition and provision of this AGREEMENT shall be valid and 0
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shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining 1�I
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. g
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19. ATTORNEY'S FEES AND COSTS. The COUNTY and LOBBYIST agree that 2
in the event any cause of action or administrative proceeding is initiated or defended by any parry
relative to the enforcement or interpretation of this AGREEMENT, the prevailing parry shall be
entitled to reasonable attorney's fees, and court costs, as an award against the nonprevailing parry,
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 parry 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 parry prior to submission.
23. ADJUDICATION 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 parry shall have the right to seek such relief
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or remedy as may be provided by this AGREEMENT or by Florida law.
24.1 COUNTY and LOBBYIST specifically agree that no parry to this AGREEMENT
shall be required to enter into any arbitration proceedings related to this AGREEMENT.
24. COOPERATION. In the event any administrative or legal proceeding is instituted
against either parry relating to the formation, execution, performance, or breach of this
AGREEMENT, COUNTY and LOBBYIST agree to participate in all proceedings, hearings, Ul)
processes, meet AGREEMENT ings, 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 agrees that there will be no Ni
discrimination against any person, and it is expressly understood that upon a determination by a
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court of competent jurisdiction that discrimination has occurred,this AGREEMENT automatically
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terminates without any further action on the part of any parry, effective the date of the court order. 0
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LOBBYIST and COUNTY agree to comply with all Federal and Florida statutes, and all local 1�
ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) CL
Title VII of the Civil Rights Act of 1964 (PL 88-352), which prohibit discrimination in
employment on the basis of race, color, religion, sex, and national origin; 2) Title IX of the
Education Amendment of 1972, as amended (20 USC §§ 1681-1683, and 1685-1686), which g
prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, asCU
amended (20 USC § 794), which prohibits discrimination on the basis of handicaps; 4) The Age
Discrimination Act of 1975, as amended (42 USC §§ 6101-6107), which prohibits discrimination
on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as
amended,relating to nondiscrimination on the basis of drug abuse; 6)The Comprehensive Alcohol
Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91 616), as
amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public
Health Service Act of 1912, §§ 523 and 527 (42 USC §§ 690dd-3 and 290ee-3), as amended,
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relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil
Rights Act of 1968 (42 USC §§ 3601 et seq.), as amended, relating to nondiscrimination in the
sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC §§
12101), as amended from time to time, relating to nondiscrimination in employment 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; and 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 not paid
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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.
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 Ni
COUNTY shall have the right to unilaterally cancel this AGREEMENT upon violation of this
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provision by LOBBYIST.
Public Records Compliance. LOBBYIST must comply with Florida public records laws, including 0
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but not limited to Chapter 119, Florida Statutes and Section 24 of article I of the Constitution of 1�i
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 g
performance. The County shall have the right to unilaterally cancel this contract upon violation ofCU
this provision by the LOBBYIST. Failure of the LOBBYIST to abide by the terms of this provision
shall be deemed a material breach of this contract and the County may enforce the terms of this
provision in the form of a court proceeding and shall, as a prevailing parry, 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.
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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.
(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
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1.4.a
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 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 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 Ul)
County's option and right to unilaterally cancel this contract upon 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. Ni
The LOBBYIST shall not transfer custody, release, alter, destroy or otherwise dispose of
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any public records unless or otherwise provided in this provision or as otherwise provided by law.
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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 BRADLEYBRIAN@MONROECOUNTY-
FL.GOV, MONROE COUNTY 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.
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.
Packet Pg. 1626
1.4.a
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 party claim or entitlement to or benefit of any service or program contemplated hereunder,
and the LOBBYIST and the COUNTY agree that neither the LOBBYIST nor the COUNTY or
any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise
indicate that any particular individual or group of individuals, entity or entities, have entitlements
or benefits under this AGREEMENT separate and apart, inferior to, or superior to the community LO
in general or for the purposes contemplated in this AGREEMENT.
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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 Vendor Certification Regarding Scrutinized Companies.
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34. NO PERSONAL LIABILITY. No covenant or agreement contained herein shall 0
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be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe 1�I
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
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
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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.
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.
Packet Pg. 1627
1.4.a
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 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 false certification was in error
pursuant to Section 287.135(5)(a), Florida Statutes, or (2) maintaining the AGREEMENT if the
conditions of Section 287.135(4), Florida Statutes, are met.
38. MUTUAL REVEIEW. This AGREEMENT has been carefully reviewed by
LOBBYIST and the COUNTY,therefore this agreement is not to be construed against either party
on the basis of authorship.
39. EXECUTION IN COUNTERPARTS. This AGREEMENT may be executed in
any number of counterparts, each of which shall be regarded as an original, all of which taken
together shall constitute one and the same instrument and any of the parties hereto may execute
this AGREEMENT by signing any such counterpart.
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IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and >-
year first above written.
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(SEAL) BOARD OF COUNTY COMMISSIONERS OF Ci
Attest: KEVIN MADOK, Clerk MONROE COUNTY, FLORIDA
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By: By: Ui
As Deputy Clerk Mayor Craig Cates 0
Date:
A OE' OUNTY 71dE �� �° THE SOUTHERN GROUP OF FLORIDA, INC.
T'fC RNEY
4/28/23 Authorized Signature
Print Name: David Browning
Title : Partner
Date:April 27, 2023 E
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Packet Pg. 1628