Item M11BOARD OF COUNTY COIV,"t iISSIONERS
AGENDA ITEM SUMMARY
Meeting Date:_2/18/09 _ Division: Administration
Bulk Item: Yes x No Department: Administration
Staff Contact Person/Phone #:_Roman Gastesi, x4441
AGENDA ITEM WORDING: Approval of an agreement between Monroe County and
Floridian Partners LLC, for federal and State lobbyist services, advocating for funding on the
subject of wastewater and other infrastructure projects in the Florida Keys.
ITEM BACKGROUND:
In light of the potential Stimulus Plan funding at the State and federal level, as well as the
$200,000,000 State allocation for wastewater projects, we propose a team of lobbyists to pursue this
funding for Monroe County. Floridian Partners LLC, represents one of the four firms.
PREVIOUS RELEVANT BOCC ACTION:
NA
CONTRACT/AGREEMENT CHANGES:
NA
STAFF RECOMMENDATIONS:
Approval
TOTAL COST:$60,000 + expenses INDIRECT COST: BUDGETED: Yes No X
COST TO COUNTY: $60,000 + expenses SOURCE OF FUNDS:
REVENUE PRODUCING: Yes No
APPROVED BY: County Atty
DOCUMENTATION: Included
DISPOSITION:
Revised 1/09
AMOUNT PER MONTH Year
OMB/Purchasing Risk Management
Not Required
AGENDA ITEM # W ` H
` FUS, AGREEMENT", made and entered into this ___ day of , 2009, by
and between the BOARD OF COUNTT�` COMMISSIONERS OF MONROE COUNTY, FLORIDA,
("COUNTY'), '), a political subdivision of the State of Florida whose address is 1100 Simonton
Street, Ivey West, Florida 33040, and FLORIDIAN PARTNERS LLC ("FIRM,")
WHEREAS, Chapter 99-395, Laws of Florida, requires that onsite sewage treatment
and disposal systems be compliant with regulations for effluent discharge by July 1, 2010; and
WHEREAS, Monroe County, independent special districts, private utilities,, and
municipalities (the wastewater authorities) are engaged in efforts to provide centralized
wastewater treatment plants and collection systems throughout the Florida Keys or are
upgrading their treatment systems to meet the 2010 requirements; and
WHEREAS, Chapter 2008-49, Laws of Florida (the "Act"), effective July 1, 2008,
authorizes the issuance of bonds, and authorizes the provision of funds from the Save Our
Everglades Trust Fund over a four-year period for the Keys Wastewater Plan starting in July
2009; and
WHEREAS, it is critical to the development and construction of wastewater treatment
and collection systems at costs that the local property owners can afford to obtain the full
amount of the State bond monies authorized; and
WHEREAS, the wastewater authorities have indicated an interest in sharing the costs
of a contract between the County and the Attorney to lobby the State to issue bonds and
appropriate $50,000,000 per year to the wastewater entities in the Florida Keys, as well as any
other efforts to obtain federal or state funding for wastewater and infrastructure projects in the
Florida Keys, and to lobby State regulatory agencies to relax or amend their rules to allow
property owners to come into delayed compliance with Ch. 99-395 if their wastewater authority
has one or more projects scheduled but not completed by July 1, 2010; now, therefore,
In consideration of the mutual covenants and provisions contained herein, the parties
agree as follows:
l . THE CLIENT
The Client is the COUNTY, and to the extent ethically permissible, it's elected and appointed
officers and its employees, in alliance for the purposes of this agreement with the cities of Islamorada,
Key West, and Marathon, Key Largo Wastewater Treatment District and the Florida Keys Aqueduct
Authority, unless COUNTY advises FIRM otherwise. The services provided under this agreement
shall be provided for the collective benefit ofthe county and the entities named in this paragraph
2. THE FIRM
FIRM is the individual or professional association named above and whose legally authorized
signature appears at the bottom of this Agreement. FIRM has been retained specifically because
FIRM is understood by COUNTY to be able to handle this matter. If FIRM practices with
others who may also provide services to COUNTY, he or she understands that COUNTY expects
that FIRM will be responsible for managing the representation, assuring compliance of others witk
the terms of this Agreement and ethical requirements, preparing and substantiating all bills, and
Page I of 15 Floridian Partners LLC Lobbyist Contract
Rev. 2/17/09 KMP
communicating with COUNTY a FIRM inay not delegate or outsource this wore without full
written disclospure to, and prior written approval fkom, the COUT- TY.
TE1 /I OF AGREEME N f
This Agreement and representation by FIRM is effective upon execution by FWI and
acceptance and approval by COUNTY in accordance with COUNTY'S policies, ordinances, or
governing statutes. Upon execution by FIRM and acceptance and approval by COUNT', this
agreement will be retroactive to February 6, 2009. The representation shall continue for one
year unless earlier terminated by either the COUNTY, or by the FIRM in accordance with
ethical requirements and/or the terms of this Agreement.
4. SCOPE OF THE WORK
This agreement for services is in addition to the agreement currently held under a Second
Amendment to Professional Services Agreement entered August 20, 2008, amending an
agreement originally entered on July 19, 2006, for the purpose of advocating the County's
position in all aspects of County governance which is affected by State action.
The scope of services will include lobbying services related to the Monroe County legislative
program, including monitoring, identifying, and prioritizing opportunities and challenges for
Monroe County with respect to issues under consideration by the State and federal legislature.
The FIRM (LOBBYIST) shall work closely with the County Administrator or his designee, or
in the absence of either, the County Attorney, and will provide, at a minimum, the following
services:
(A) File Community Budget Issue Requests, as determined by the Board of County
Commissioners, with appropriate House and Senate Legislative Delegation members;
(B) Regularly provide County staff and the Board of County Commissioners with
any new information, and actively seek opportunities to enhance the County's State and federal
legislative program and provide options as to legislative strategy when necessary;
(C) Monitor and analyze State and federal legislation including the budget process
and report to the County, both orally and in writing, any legislative events that may directly or
indirectly impact the County;
(D) During the legislative session, provide the County Administrator with weekly
reports of the past week's activities affecting the County's substantive and appropriations
issues and any other issues that could positively or negatively impact the County;
(E) Identify and act appropriately on State and federal legislation and legislative
proposals that may impact Monroe County;
(F) Identify and secure funding opportunities that may arise from proposed
legislation;
(G) Draft legislation, appropriations requests, and amendments as necessary;
(H) Lobby for Monroe County's position on legislation, appropriations and matters
of interest, including direct contact and communication with the State and federal executive
branches, including officials and agency representatives, and legislators and staff, and testify on
behalf of Monroe County at hearings before legislative committees;
(I) Maintain close working relationships with Monroe County staff,
(J) Provide regular briefing reports to the Board of County Commissioners on key
issues and legislative activity as requested by the Board;
(K) Monitor various State and federal agency actions for potential impact on
Monroe County, and, in the event action is needed, advise the County;
Page 2 of 15 Floridian Partners LLC Lobbyist Contract
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(L) ,V the conclusion of the legislative session, prepare a fna! report, including �hr
na.l status of the Courity's legislature priorities anli. a summary of Vie impact Qf malov
legislative ch(oInges to Moiwoe Cowity.
4.1 I'gmofessional ability t)erform work, appointment of contract m_ na aer
FIRM warrants that he or she is authorized by law to engage in the performance of the
activities herein described, subject to the terms and conditions set forth in these contract
documents. FIRM shall designate an individual to be the contract manager for each matter and
the contract manager shall at all times exercise independent, professional judgment and shall
assume professional responsibility for the services to be provided. FIRM warrants that he or
she and the authorized time keepers are authorized by law and the Rules and Regulations of
The Florida Bar to engage in the performance of the activities encompassed by this Agreement.
If FIRM is a member of a law Attorney, either as partner, shareholder, associate, or other
relationship, FIRM warrants that he or she is authorized to enter into this Agreement.
5. REVIEW OF ETHICAL OBLIGATIONS AND POTENTIAL CONFLICTS OF
INTEREST BEFORE INITIATING REPRESENTATION
FIRM has conducted a thorough investigation and determined that neither FIRM nor his or her
representatives has any ethical impediment, real or potential, including but not limited to conflicts
of interest, to representing COUNTY. To the extent that any ethical impediment, real or
potential, is discovered or ever arises, FIRM shall immediately inform COUNTY in writing of the
impediment (regardless of whether FIRM believes he or she has taken all steps necessary to avoid
the impediment and regardless of whether FIRM believes that the impediment is insubstantial or
questionable), make full disclosure of the situation to COUNTY, obtain COUNTY' S express, written
consent to continue the representation of the other client, and take all steps requested by COUNTY to
avoid or mitigate the impediment. FIRM understands that, if a direct or indirect conflict of interest
arises which, in the opinion of the COUNTY, cannot be avoided or mitigated under the Rules of
Professional Conduct of The Florida Bar, COUNTY may, in its discretion, (a) obtain reimbursement
from FIRM for all fees and expenses paid to FIRM in this matter; (b) obtain cancellation of all
amounts allegedly owed by COUNTY to FIRM; and (c) obtain reimbursement for consequential
expenses incurred by COUNTY, including the cost of replacement counsel.
6. PAYMENTS TO FIRM
FIRM shall submit to COUNTY invoices with supporting documentation acceptable to the
Clerk . Acceptability to the Clerk is based on generally accepted accounting principles and
such laws, rules and regulations as may govern the Clerk's disbursal of funds.
6.1 FIRM Fee ftonthly)
ATTORNEY will be paid for his or her services based on the provision of services on behalf of
COUNTY on a monthly basis due to the need for flexibility and adaptability in meeting with
State and/or Federal officials and the diversity of situations in which lobbying services are
provided. The agreed fee is $5,000.00 per month, not to exceed $60,000 for one year. The
following minimum billing documentation and time -keeper requirements are a condition
precedent to payment by the COUNTY. Payment will be made in accordance with the Florida
Local Government Prompt Payment Act after County receives a proper invoice for the services
provided in the preceding month.
Page 3 of 15 Floridian Partners LLC Lobbyist Contract
Rev. 2/17/09 KMP
6.2. Idgv_-ification of Time4Cecioers.-
l ionthly invoice-, shall identify the approved tirne.-key,peen,, who provided vices and a brief
summaiy of the services provided.
ApprOVe,6 Time Keepers:
Name:
Rodney Barreto
Brian May
Patrick Ma.loy
Elizabeth Wester
6.3. Discounts to other Clients
The rates FUM will charge COUNTY represent the lowest rates charged by the same time-
keepers to other clients. In the event that lower rates or discounts are provided to other clients,
FIRM and approved time -keepers will also provide them on the same basis to COUNTY.
6.4. Time keepers
As used in this Agreement, the term "time keeper" shall include the individuals identified in
paragraph 6.3 of this Agreement who will be providing services under this Agreement and who
will bill the COUNTY for their services in accordance with this Agreement.
6.5. Time -keeper changes
Time -keepers approved by the COUNTY are listed in paragraph 6.2 of this Agreement, and may be
amended from time to time, upon mutual agreement of the COUNTY and the FIRM, to evidence
the then -current circumstances. Additional time -keepers may not be added to the matter without
advance written approval from COUNTY. In the event that additional time -keepers providing
services which are to be billed to COUNTY are to be added to the staff then•their hourly rates shall be
provided to COUNTY in advance, and, upon written approval by the COUNTY, their rates and
billing practices shall comply with the requirements of this Agreement. COUNTY expects to
receive discounts or other concessions so that any increases or changes in time -keepers will
not result in unnecessary or unreasonable charges to COUNTY, e.g., for training, internal
conferences, and management.
7. BILLING OF FEES AND EXPENSES
FIRM shall comply with the following requirements as to billing fees and expenses as a
condition precedent to COUNTY' S obligation to pay each bill:
7.1. Monthly bills
Unless otherwise agreed in a writing signed by the COUNTY, bills shall be issued monthly by
FIRM within fifteen (15) days after the close of each month. FIRM understands that COUNTY
requires prompt bills in part to facilitate effective management of the representation and fees.
7.2. Bill format
FIRM shall provide detailed, itemized bills which shall, at a minimum:
7.2.1 Description
Provide a general description of the matter, for which services are being performed. For
example, simply the word "research" is not acceptable, more detail about the type of research
and what was determined by the research is necessary.
Page 4 of 15 Floridian Partners LLC Lobbyist Contract
Rev. 2/17/09 KMP
7.2.2 Persoa i.-i,:1
Clearly identify each timekeeper performing services in conk anction with each er try.
` ..3. Expenses,,
COUNTY will pay the actual, reasonable cost of the following expense items if incurred in
accordance with the guidelines below and promptly itemized in FIRM'S monthly bill:
Reimbursable expenses include the following:
(a) Expenses of transportation and lodging submitted by FIRM, in writing with
documentation such as boarding passes and receipts, in connection with travel
authorized by the COUNTY; but only to the extent authorized by State statute and
County Ordinance.
(b) Long distance charges and overnight delivery related to the project shall be
reimbursed at cost.
7.3.1. Travel Expenses
Travel expenses within the FIRM' S local area, defined as a radius of 50 miles from the
timekeeper's office, will not be reimbursed.
Travel expenses outside the local area may only be reimbursed if the travel was approved in
advance by COUNTY. Reimbursable travel expenses, if approved in advance, are the cost of
transportation by the least expensive practicable means (e.g., coach class air travel), the cost of
reasonable hotel accommodations, and the cost of transportation while out of town (e.g., by cab
or rental car, whichever seems reasonable, at the lowest available rate). Travel expenses will
be reimbursed in accordance with the applicable provisions of Florida Statute 112.321 for
"approved travelers" and of the Monroe County Code Article XXVI and shall be summarized
on the Monroe County Travel Form by FIRM with all applicable receipts attached thereto.
7.3.2. Long distance charges and overnight delivery fees
Long distance charges and overnight delivery fees shall be reimbursed at cost.
7.3.3. Advance approval of expenses
In addition to the items noted above, FIRM shall obtain advance approval from COUNTY
before incurring any expense in excess of $1,000.00 if FIRM expects to be reimbursed for that
expense. COUNTY may refuse to pay any expense for which advance approval was not
obtained by FIRM.
7.3.4. Copies of receipts for expenses
FIRM shall include copies of receipts for all expenses with the itemized monthly bill.
COUNTY may refuse to pay any expense item for which documentation is not provided by
FIRM.
7.3.5. Expenses (and fees) after termination
Upon termination of the representation, FIRM shall promptly bill COUNTY for any remaining
reimbursable expenses and fees. COUNTY may refuse to pay any fees or expenses not billed
within 45 days of termination of the representation. FIRM is also expected to cooperate
promptly with all aspects of termination and, if applicable, transition to other counsel. Payment
for fees and expenses is contingent upon prompt, full cooperation.
Page 5 of 15 Floridian Partners LLC Lobbyist Contract
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7.4. Bill and W�se documentationp.
FIR,M must maintain supporting documentation for invoices until at least one year after the
termination c.c the representation. This documentation shall bc made available by FIRMi to
COUNTY (or COUNTY' S designated representative, including an accountant, the County
Clcf-k or County Clerk's representative, or legal bill auditor) upon COUNTY' S written request.
FIRM agrees to cooperate with any examination of this documentation and FIRMS fees and
expenses, e.g., by responding promptly and completely to any questions COUNTY or its
designated representative may have. FIRM shall notify COUNTY in writing at least 60 days in
advance of destroying any such records and, in the event that COUNTY requests that they be
preserved, shall preserve them at least one additional year or, at the option of the COUNTY,
delivered to the COUNTY for storage by the COUNTY, with COUNTY responsible for paying
the actual cost of storage. This documentation shall include, for example, original time records,
expense receipts, and documentation supporting the amount charged by FIRM for expense
items generated by FIRM or his or her Attorney. COUNTY reserves the right not to pay any fee
or expense item for which sufficient documentation or expense item for which sufficient
documentation is not available to determine whether the item was necessary and reasonable.
8. PAYMENT TERMS
FIRM' S request for payments and reimbursements may be made in either the FIRM' S name or
the name of the FIRM' S representative, as appropriate. FIRM bills complying with this
Agreement are due and payable according to the Prompt Payment Act. If the bill materially
fails to comply with the requirements of this Agreement, then it is not due and payable until
FIRM remedies its deficiencies.
9. MATTER MANAGEMENT
9.1. Billing Matters. All billing by FIRM, and additional timekeepers, will be reviewed
by FIRM and that FIRM will serve as the point of contact for this matter, including billing
questions. The COUNTY contact for this billing issues shall be:
Suzanne A. Hutton, County Attorney
I I 1112th Street, Suite 408
Key West, Florida 33040
(305) 292-3470
(305) 292-3516 (facsimile)
9.2 Legislative Matters. All communications between COUNTY and FIRM regarding
legislative matters shall be communicated to the County Administrator, or in his absence, to the
County Attorney. The primary COUNTY contact for these purposes shall be:
Roman Gastesi, County Administrator
1100 Simonton Street, Room 2-205
Key West, Florida 33040
(305) 292-4644
(305)394-1332 (cell)
(305) 292-4544 (facsimile)
Page 6 of 15 Floridian Partners LLC Lobbyist Contract
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9.3. FIRM cooperation
FIRM viilll cooperate wit!-,, COUNTY or COUNTY' S representaiv-es to promptly provide all
information COUNTY requests or needs about the subject mester of this Agreelrerxt and
FHO./F S bills and handling of the matter.
9.4. COUNTY cooperation
FIRM should consult with COUNTY about all
make use of COUNTY' S expertise to assist in,
opportunities for COUNTY to save money or
e.g., meetings with State officials and drafting
of documents. COUNTY may also have personnel and facilities available to reduce the
expenses related to the subject matter of this Agreement.
10. C_ ONrIDENTIALITY AND PUBLIC RELATIONS
FIRM is not authorized to waive or release any privilege or other protection of information —
confidential, secret, or otherwise — obtained from or on behalf of COUNTY. FIRM is to keep
all confidential, privileged, or secret information confidential. This requirement is perpetual,
i.e., it will continue even after the termination of the relationship and this Agreement.
10.1 Prohibition against . use of information
This requirement is also intended to prohibit FIRM from using information obtained from or on
behalf of COUNTY, including work product prepared at COUNTY' S expense, for other
client's of FIRM or his or her Attorney, without COUNTY' S advance written approval.
10.2 No use of County for marketing purposes
FIRM is not authorized to identify COUNTY as a COUNTY, e.g., for purposes of marketing or
advertising, without COUNTY' S prior approval.
11. OWNERSHIP OF FIRM FILES AND WORK PRODUCT
FIRM understands that all files and work product prepared by FIRM or his or her FIRM at the
expense of COUNTY (or for which COUNTY is otherwise billed) is the property of COUNTY.
Without COUNTY' S prior written approval, this work product may not be used by FIRM or his
or her representative nor disclosed by FIRM or his or her representative to others, except in the
normal course of FIRM' S representation of COUNTY in this matter. FIRM agrees that
COUNTY owns all rights, including copyrights, to materials prepared by COUNTY or by
FIRM on behalf of COUNTY. FIRM shall notify COUNTY in writing at least 60 days in
advance of destroying any such records and, in the event that COUNTY requests that they be
preserved, shall preserve them at least one additional year (with COUNTY responsible for
paying the actual cost of storage). FIRM shall provide COUNTY with prompt access to
(including the ability to make copies of) all FIRM files and work product, regardless of whether
the representation or matter is ongoing and whether FIRM fees and expenses have been paid in
full.
12. DISPUTE RESOLUTION
FIRM and COUNTY agree that if a dispute arises between them that neither shall be required
to enter into any arbitration proceedings related to this Agreement
12.1. Disputes regardingfees or expenses
FIRM and COUNTY agree that all disputes regarding FIRM' S fees or expenses are to be
resolved pursuant to the procedures and practices for mediation by the Attorney Consumer
Assistance Program of the Florida Bar.
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1202. Disputes rMar&ng inter -station
COUNT)' an(J FIRM agree teat all disputes and. disagreements between them regarding
interpretation of the Agreement shall be attempted to be resolved by a riteet and confer session
between representatives of COUNTY and FIR1�4, If the issue or issues are still not resolved to
the satisfaction of both within thirty (30) days after the beet and confer session, them either
shall have the right to terminate the Agreement upon ten (10) business days notice in writing to
the other party.
12.3 Legal or Administrative procedures
In the event any administrative or legal proceeding is instituted against either the COUNTY or
FIRM relating to the formation, execution, performance, or breach of this Agreement, the
COUNTY and FIRM each agree to participate, to the extent required by the other, in all
proceedings, hearings, processes, meetings, and other activities related to the substance of
this Agreement; institution of any administrative or legal proceeding shall constitute immediate
termination of this Agreement. FIRM agrees to forward copies of all documents in his or her
possession related to the matter, which is the subject of this Agreement to COUNTY at the time
of filing any administrative or legal proceeding.
12.4 FIRM' S Fees and Costs
In the event any administrative proceeding or cause of action is initiated or defended by the
COUNTY or FIRM relative to the enforcement or interpretation of this Agreement, the
prevailing party shall be entitled to an award of reasonable attorney's fees, and court costs, as
an award against the non -prevailing party, and shall include reasonable attorney s fees, and
court costs in appellate proceedings.
Mediation proceedings initiated and conducted pursuant to this Agreement or as may be
required by a court of competent jurisdiction shall be conducted in accordance with the Florida
Rules of Civil Procedure and the usual and customary procedures required by the circuit court
of Monroe County and shall take place in Monroe County.
13. NOTICE REQUIREMENT
Any notice required or permitted under this agreement shall be in writing and hand delivered or
mailed, postage prepaid, to the other party by certified mail, returned receipt requested, to the
following:
FOR COUNTY
Roman Gastesti Suzanne A. Hutton
County Administrator and County Attorney
1100 Simonton Street I I 1112 h Street, Suite 408
Key West, FL. 33040 Key West, FL 33040
FOR FIRM
Brian May
235 Catalonia Avenue
Coral Gables, FL 33134
Phone 305-444-4648
Fax 305-444-1128
Page 8 of 15 Floridian Partners LLC Lobbyist Contract
Rev. 2/17/09 KMP
14. G 7�'1�RNING LAW AJ"TD VENUE,
This, Agree��'iiQ i1t shall be governed by and construed i-a accordance with the laws of the Statf ,of
Florida applicable to contracts iciade and to be performed entirely in the State. Venue for C-;Jly
legal action which may arise out of or under this agreement shall be in Monroe County, Florida.
15. FLOVADA GOVERNMENT -IN -THE -SUNSHINE LAW
FIRM agrees that, unless specifically exempted or excepted by Florida law, the provisions of
Chapter 120, Florida Statutes, generally require full and public discussion of matters to be
voted upon by the Board of County Commissioners. FIRM agrees to consult with the
COUNTY Attorney's office concerning the application of the Sunshine Law from time to time
concerning specific circumstances that may arise during the term of this Agreement.
16. FLORIDA PUBLIC RECORDS LAW
FIRM agrees that, unless specifically exempted or excepted by Florida law or Rules and
Regulations of The Florida Bar, the provisions of Chapter 119, Florida Statutes, generally
require public access to all records and documents which may be made or received under this
Agreement. FIRM agrees to consult with the County Attorney's office concerning the
application of the Public Records Law from time to time concerning specific circumstances that
may arise during the term of this Agreement.
17. NO ASSIGNMENTS
FIRM shall not assign or subcontract its obligations under this agreement, except in writing and
with the prior written approval of the Board of County Commissioners of Monroe County,
which approval shall be subject to such conditions and provisions as the Board may deem
necessary. This paragraph shall be incorporated by reference into any assignment or
subcontract and any assignee or subcontractor shall comply with all of the provisions of this
Agreement. Unless expressly provided for therein, such approval shall in no manner or event
be deemed to impose any additional obligation upon the Board.
18. TERMINATION
Either of the parties hereto may terminate this contract without cause by giving the other party
thirty (30) business days written notice of its intention to do so.
18.1 Documents forwarded to COUNTY
FIRM agrees to forward to COUNTY along with Notice of Termination or upon receipt of
Notice of Termination, depending upon which party terminates the Agreement, copies of all
documents in his or her possession of any nature whatsoever related to the FIRM' S
representation of COUNTY or obtained due to FIRM' S representation of COUNTY.
18.2 Restriction on Communications
FIRM agrees not to communicate with the public, including the press, about COUNTY or
about this matter.
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19. SEiTERABILITY
If a term, covenant, condition or provision of this Agreement shall be declared invalid of
unenforceable to any extent by a court of competent jurisdiction, the remaining terms,
covenants, conditions and provisions of this Agreement shall not be affected thereby; and each
remaining term, covenant, condition and provision of this Agreement shall be valid and shall be
enforceable to the fullest extent permitted by law unless the enforcement of the remaining
terms, covenants, conditions and provision of this Agreement would prevent the
accomplishment of the original intent of this Agreement. The COUNTY and FIRM agree to
reform the Agreement to replace any stricken provision with a valid provision that comes as
close as possible to the intent of the stricken provision.
20. CAPTIONS
The captions set forth herein are for convenience of reference only and shall not define,
modify, or limit any of the terms hereof.
21. LEGAL OBLIGATIONS AND RESPONSIBILITIES • NON -DELEGATION OF
CONSTITUTIONAL OR STATUTORY DUTIES
This Agreement is not intended to relieve, nor shall it be construed as relieving, either the
COUNTY or FIRM from any obligation or responsibility imposed upon each by law except to
the extent of actual and timely performance thereof by the other, in which case the performance
may be offered in satisfaction of the obligation or responsibility. Further this Agreement is not
intended to authorize, nor shall it be construed as authorizing, the delegation of the
constitutional or statutory duties of the COUNTY, except to the extent permitted by the Florida
Constitution, state statutes, case law, and, specifically, the provisions of Chapter 125, Florida
Statutes.
22. RECORDS
FIRM shall maintain all books, records, and documents directly pertinent to performance under
this Agreement, including the documents referred to in this Agreement, in accordance with
generally accepted accounting principles, consistently applied. Upon ten (10) business days
written notice to the other, representatives of either the COUNTY or FIRM shall have access,
at all reasonable times, to all the other party's books, records, correspondence, instructions,
receipts, vouchers and memoranda (excluding computer software) pertaining to work under
this Agreement for the purpose of conducting a complete independent fiscal audit. FIRM shall
retain all records required to be kept under this Agreement for a minimum of five years, and for
at least four years after the termination of this agreement. FIRM shall keep such records as are
necessary to document the performance of the agreement and expenses as incurred, and give
access to these records at the request of the COUNTY, the State of Florida or authorized agents
and representatives of said government bodies. It is the responsibility of FIRM to maintain
appropriate records to insure a proper accounting of all collections and remittances. FIRM shall
be responsible for repayment of any and all audit exceptions which are identified by the
Auditor General for the State of Florida, the Clerk of Court for Monroe County, the Board of
County Commissioners for Monroe County, or their agents and representatives.
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23. f`I< B IC CCESS
The COUNTY and FIRM shall allow and permit reasonable access to and inspection of, all.
documents, papers;,, letters, or other materials subject to the Florida Public Records Law, as
provided in Chapter 119, Florida Statutes; and made or received by the them, unless
specifically exempted by State Statute, Rules and Regulations of The Floridta Bar, or case law.
COUNTY shall have the right to cancel this agreement upon violation of this provision by
]FIRM.
24. MONROE_COUNTY CODE ETHICS PROVISION
FIRM warrants that he or she has not employed, retained or otherwise had act: on his behalf any
former COUNTY officer or employee in violation of Section 2 of Ordinance No. 10-1990 or
any COUNTY officer or employee in violation of Section 3 of Ordinance No. 10 1990. For
breach or violation of this provision the COUNTY may, at its discretion, terminate this
Agreement without liability and may also, at its discretion, deduct from the sums owed under
the Agreement, or otherwise recover, the full amount of any fee, commission, percentage, gift,
or consideration paid to the former or present COUNTY officer or employee. COUNTY
employees and officers are required to comply with the standards of conduct delineated in
Section 112.3135 Florida Statutes, regarding, but not limited to, solicitation or acceptance of
gifts, doing business with one's agency, unauthorized compensation, and misuse of public
position, conflicting employment or contractual relationship, and disclosure of certain
information.
25. PUBLIC ENTITY CRIME STATEMENT
Florida law provides that person or affiliate who has been placed on the convicted vendor list
following a conviction for public entity crime may not submit a bid on an agreement to
provide any goods or services to a public entity, may not submit a bid on a agreement with a
public entity for the construction or repair of a public building or public work, may not submit
bids on leases of real property to public entity, may not be awarded or perform work as a
contractor, supplier, sub contractor, or consultant under a agreement with any public entity, and
may not transact business with any public entity in excess of the threshold amount provided in
Section 287.017, for CATEGORY TWO for a period of thirty-six (36) months from the date of
being placed on the convicted vendor list. FIRM warrants the neither FIRM nor any authorized
time keeper has been named to the convicted vendor list.
26. ANTI -KICKBACK
FIRM warrants that no person has been employed or retained to solicit or secure this
Agreement upon any contract or understanding for a commission, percentage, brokerage or
contingent fee, and that no employee or officer of the COUNTY has any interest, financially or
otherwise, in this Agreement, except as expressly stated herein. For breach or violation of this
warranty, the COUNTY shall have the right to annul this agreement without liability or, in its
discretion, to deduct any sums to be paid by COUNTY under this Agreement, or otherwise
recover, the full amount of such commission, percentage, brokerage or contingent fee.
27. MODIFICATIONS AND AMENDMENTS
This Agreement may not be modified in any way without the express, written consent of both
parties. Any and all modifications and Amendments of the terms of this Agreement shall be in
writing and executed by the Board of County Commissioners for Monroe County and by FIRM
in the same manner as this Agreement.
Page 11 of 15 Floridian Partners LLC Lobbyist Contract
Rev. 2/17/09 KMP
% INDEPENIDENT CONTRACTOR
At all times and for all purposes hereimder, FIRM is an 'adependent contractor and not an
employee of the Board of County Commissioners of Monroe County. No statement contained
in this Agreement shall be construed so as to find FIRM or any of the authorized time keepers,
to be the employees of the Board of County Commissioners of Monroe County, and they shall
be entitled to none of the rights, privileges or benefits of employees of Monroe County.
29. COMPLIANCE WITH LAW
In carrying out FIRM'S obligations under this agreement, FIRM shall abide by all statutes,
ordinances, rules and regulations pertaining to or regulating the provisions of this Agreement,
including those now in effect and hereafter adopted. Any violation of said statutes, ordinances,
rules or regulations shall constitute a material breach of this Agreement and shall entitle
COUNTY to terminate this Agreement immediately upon delivery of written notice of
termination to FIRM.
30. LICENSING
FIRM warrants that FIRM and additional timekeepers do presently have, shall have prior to
commencement of work under this Agreement, and at all times during said work, all required
licenses and permits whether Federal, State, County or City.
31. NON-DISCRIMINATION
FIRM agrees that he or she will not discriminate against any person, and it is expressly
understood that upon a determination by a court of competent jurisdiction that discrimination
has occurred, this Agreement automatically terminates without any further action on the part of
any party, effective the date of the court order. FIRM agrees to comply with all Federal and
Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These
include but are not limited. to: 1) Title VI of the Civil Rights Act of 1964 (PL 88-3 52) which
prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the
Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which
prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973,
as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The
Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which prohibits
discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL
92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The
Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act
of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse
or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3
and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patent records;
8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to
nondiscrimination in the sale, rental or financing of housing; 9) The Americans with
Disabilities Act of 1990 (42 USC s. 1201 Note), as maybe amended from time to time, relating
to nondiscrimination on the basis of disability; 10) Monroe County Code Chapter 13, Article
VI, which prohibits discrimination on the basis of race, color, sex, religion, national origin,
ancestry, sexual orientation, gender identity or expression, familial status or age; 11) Any other
nondiscrimination provisions in any Federal or state statutes which may apply to the parties to,
or the subject matter of, this Agreement.
Page 12 of 15 Floridian Partners LLC Lobbyist Contract
Rev. 2/17/09 KMP
32. NON -RELIANCE BY NON-PARTIES
No pei son or entity shall be entitled to rely upon the terms, or any of them, of this Agreement
to enforce or attempt to enforce any third -party claim or entitlement to or benefit of any
service or program contemplated hereunder, and the COUNTY and FIRM agree that neither
the COUNTY nor FILM or any officer, agent, or employee of each shall have the authority to
info) m, counsel, or otherwise indicate that any particular individual or group of individuals,
entity or entities, have entitlements or benefits under this Agreement separate and apart,
inferior to, or superior to the community in general or for the purposes contemplated under this
Agreement.
33. ATTESTATIONS
FIRM agrees to execute such documents as the COUNTY may reasonable require, including a
Drug -Free Workplace Statement, and a Public Entity Crime Statement.
34. COUNTY AUTHORITY
This Agreement has been duly noticed at a legally held public meeting conducted in Monroe
County, Florida. COUNTY'S performance and obligation to pay under this contract, is
contingent upon annual appropriation by the Board of County Commissioners.
35. HOLD HARMLESS AND INSURANCE
Prior to the commencement of work governed by this contract, the ATTORNEY shall obtain
General Liability Insurance. Coverage shall be maintained throughout the life of the contract
and include, as a minimum:
• Premises Operations
• Bodily Injury Liability
• Expanded Definition of Property Damage
The minimum limits acceptable shall be:
$3001000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$100,000 per Person
$300,000 per Occurrence
$ 501000 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
contract. 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.
The Monroe County Board of County Commissioners shall be named as Additional Insured on
all policies issued to satisfy the above requirements.
Page 13 of 15 Floridian Partners LLC Lobbyist Contract
Rev. 2/17/09 KMP
Vey Liability Insurance recluir�ments
Recognizing that the wok governed by this contract requires, the use of vehicics, the
ATTORNEY, prior to the commencement of �. 'ork, shall obtain Vehicle Liability Ins Prance.
Coverage shall be maintained throughout the life of the contract and include, as a minimum,
liability coverage for:
• Owned, Non -Owned, and Hired Vehicles
The minimum limits acceptable shall be:
$100,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$ 50,000 per Person
$100,000 per Occurrence
$ 25,000 Property Damage
The Monroe County Board of County Commissioners shall be named as Additional Insured on
all policies issued to satisfy the above requirements.
Workers' Compensation Insurance Requirements
Prior to commencement of work governed by this contract, the ATTORNEY shall obtain
Workers' Compensation Insurance with limits sufficient to respond to the applicable state
statutes.
In addition, the ATTORNEY shall obtain Employers' Liability Insurance with limits of not less
than:
$1001000 Bodily Injury by Accident
$500,000 Bodily Injury by Disease, policy limits
$100,000 Bodily Injury by Disease, each employee
Coverage shall be maintained throughout the entire term of the contract.
Coverage shall be provided by a company or companies authorized to transact business in the
state of Florida.
Professional Liability R,eguirements
Recognizing that the work governed by this contract involves the furnishing of advise or
services of a professional nature, the Attorney shall purchase and maintain, throughout the life
of the contract, Professional Liability Insurance which will respond to damages resulting from
any claim arising out of the performance of professional services or any error or omission of
the Contractor arising out of work governed by this contract.
The minimum limits of liability shall be:
$2509000 per occurrence/$500,000 Aggregate Prior to execution of this agreement, FIRM shall
furnish COUNTY Certificates of Insurance indicating the minimum professional liability
coverage for FIRM and additional time -keepers in the amount of $250,000 per
Occurrence/$500,000 Aggregate. FIRM agrees to keep the same amount of coverage or more at
all times and to provide proof of said coverage to COUNTY at COUNTY' S request at any time
during the term of the Agreement.
Page 14 of 15 Floridian Partners LLC Lobbyist Contract
Rev. 2/17/09 KMP
36. 1\1 o :4
_V] IRSONAL 1JAB, ILITY
T�o covenant or obligation cow.1-2ined in this Agre(-_i-aent shall be deed ied to be a covenant or
obligation of any member, officer, agent or employee of the Board of County Commissioners
of Monroe (-'."ounty in his or her individual capacity and no member, Gfficer, agent or employee
of the Board of County Commissioners of Monroe County shall be liable personally oil this
Agreement or be subject to any personal liability or accountability by reason of the execution
of this Agreement.
37. EXE- CUTION. IN COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which shall be
regarded as an original, all of which taken together shall constitute one and the same instrument
and the COUNTY and FIRM may execute this Agreement by signing any such counterpart.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day
and date first written above.
ATTEST: DANNY L. KOLHAGE, CLERK
By: Deputy Clerk
Witness to FIRM:
Signature
Print Name
Address
DATE:
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
Mayor
MONROE COUNTY ATT R
vm AS TO
ON
AN. I I
y
Signature
Print Name
DATE:
Page 15 of 15 Floridian Partners LLC Lobbyist Contract
Rev. 2/17/09 KMP
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date
2/18/09 Division: Administration
Bulk Item: Yes x No
Department:
Administration
Staff Contact Person/Phone #: Roman Gastesi, x4441
AGENDA ITEM WORDING: Approval of an agreement between Monroe County and
Floridian Partners LLC, for federal and State lobbyist services, advocating for funding on the
subject of wastewater and other infrastructure projects in the Florida Keys.
ITEM BACKGROUND:
In light of the potential Stimulus Plan funding at the State and federal level, as well as the
$200,000,000 State allocation for wastewater projects, we propose a team of lobbyists to pursue this
funding for Monroe County. Floridian Partners LLC, represents one of the four firms.
PREVIOUS RELEVANT BOCC ACTION:
NA
CONTRACT/AGREEMENT CHANGES:
NA
STAFF RECOMMENDATIONS:
Approval
TOTAL COST:$60,000 + expenses INDIRECT COST: BUDGETED: Yes No X
COST TO COUNTY: $60,000 + expenses SOURCE OF FUNDS:
REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year
APPROVED BY: County Atty OMB/Purchasing Risk Management
DOCUMENTATION:
DISPOSITION:
Revised 1/09
Included Not Required
AGENDA ITEM #
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Floridian Partners, LLC Contract #
Effective Date: February 6, 2009
Expiration Date: February 5, 2010
Contract Purpose/Description:
For State Lobbyist services, advocating for funding on the subject of wastewater and
other infrastructure projects in the Florida Keys.
Contract Manager: Roman Gastesi 4441 County Administrator
(Name) (Ext.) (Department/Stop #)
for BOCC meeting on 2/18/09 Agenda Deadline: 2/03/09
CONTRACT COSTS
Total Dollar Value of Contract: $ (mob 1 0�)O Current Year Portion: $ q d , 000
Budgeted? Yes❑ No ❑ Account Codes: ooi - bLS -1 - - 3o 3�
Grant: $ - - - -
County Match: $ - - - -
ADDITIONAL COSTS
Estimated Ongoing Costs: $ /yr For:
(Not included in dollar value above) (eg. maintenance;
CONTRACT REVIEW
etc.
Changes Date Out
Date In Needed Reviewer
Division Director Yes[:] No[:] -�
Risk Management Yes❑ No["
O.M.B./Purchasing z -05 Yes❑ No[
County Attorney Yes[:] No❑ awe- C(64raG'i
Comments:
OMB Form Revised 2/27/01 MCP #2
igj• �;. �;
1,11R100 Z •
THIS AGREEMENT, made and entered into this day of , 2009, by
and between the BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA,
("COUNTY"), a political subdivision of the State of Florida whose address is 1100 Simonton
Street, Key West, Florida 33040, and FLORIDIAN PARTNERS LLC ("FIR.1V1;") .
WHEREAS, Chapter 99-395, Laws of Florida, requires that onsite sewage treatment
and disposal systems be compliant with regulations for effluent discharge by July 1, 2010; and
WHEREAS, Monroe County, independent special districts, private utilities, and
municipalities (the wastewater authorities) are engaged in efforts to provide centralized
wastewater treatment plants and collection systems throughout the Florida Keys or are
upgrading their treatment systems to meet the 2010 requirements; and
WHEREAS, Chapter 2008-49, Laws of Florida (the "Act"), effective July 1, 2008,
authorizes the issuance of bonds, and authorizes the provision of funds from the Save Our
Everglades Trust Fund over a four-year period for the Keys Wastewater Plan starting in July
2009; and
WHEREAS, it is critical to the development and construction of wastewater treatment
and collection systems at costs that the local property owners can afford to obtain the full
amount of the State bond monies authorized; and
WHEREAS, the wastewater authorities have indicated an interest in sharing the costs
of a contract between the County and the Attorney to lobby the State to issue bonds and
appropriate $50,000,000 per year to the wastewater entities in the Florida Keys, as well as any
other efforts to obtain federal or state funding for wastewater and infrastructure projects in the
Florida Keys, and to lobby State regulatory agencies to relax or amend their rules to allow
property owners to come into delayed compliance with Ch. 99-395 if their wastewater authority
has one or more projects scheduled but not completed by July 1, 2010; now, therefore,
In consideration of the mutual covenants and provisions contained herein, the parties
agree as follows:
1. THE CLIENT
The Client is the COUNTY, and to the extent ethically permissible, it's elected and appointed
officers and its employees, in alliance for the purposes of this agreement with the cities of Islamorada,
Key West, and Marathon, Key Largo Wastewater Treatment District and the Florida Keys Aqueduct
Authority, unless COUNTY advises FIRM otherwise. The services provided under this agreement
shall be provided for the collective benefit ofthe county and the entities named in this paragraph.
2. THE FIRM
FIRM is the individual or professional association named above and whose legally authorized
signature appears at the bottom of this Agreement. FIRM has been retained specifically because
FIRM is understood by COUNTY to be able to handle this matter. If FIRM practices with
others who may also provide services to COUNTY, he or she understands that COUNTY expects
that FIRM will be responsible for managing the representation, assuring compliance of others with.
the terms of this Agreement and ethical requirements, preparing and substantiating all bills, and
Page 1 or 15 Floridian Partners LLC Lobbyist Contract
2/6/2009 KMP
communicating with COUNTY. FJRM may not delegate or outsource this work without full
written disclosure to, and prior written approval from, the COUNTY.
3. TERM OF AGREEMENT
This Agreement and representation by FIRM is effective upon execution by FIRM and
acceptance and approval by COUNTY in accordance with COUNTY' S policies, ordinances, or
governing statutes. Upon execution by FIRM and acceptance and approval by COUNTY, this
agreement will be retroactive to February 6, 2009. The representation shall continue for one
year unless earlier terminated by either the COUNTY, or by the FIRM in accordance with
ethical requirements and/or the terms of this Agreement.
4. SCOPE OF THE WORK
This agreement for services is in addition to the agreement currently held under a Second
Amendment to Professional Services Agreement entered August 20, 2008, amending an
agreement originally entered on July 19, 2006, for the purpose of advocating the County's
position in all aspects of County governance which is affected by State action.
The scope of services will include lobbying services related to the Monroe County legislative
program, including monitoring, identifying, and prioritizing opportunities and challenges for
Monroe County with respect to issues under consideration by the State and federal legislature.
The FIRM (LOBBYIST) shall work closely with the County Administrator or his designee, or
in the absence of either, the County Attorney, and will provide, at a minimum, the following
services:
(A) File Community Budget Issue Requests, as determined by the Board of County
Commissioners, with appropriate House and Senate Legislative Delegation members;
(B) Regularly provide County staff and the Board of County Commissioners with
any new information, and actively seek opportunities to enhance the County's State and federal
legislative program and provide options as to legislative strategy when necessary;
(C) Monitor and analyze State and federal legislation including the budget process
and report to the County, both orally and in writing, any legislative events that may directly or
indirectly impact the County;
(D) During the legislative session, provide the County Administrator with weekly
reports of the past week's activities affecting the County's substantive and appropriations
issues and any other issues that could positively or negatively impact the County;
(E) Identify and act appropriately on State and federal legislation and legislative
proposals that may impact Monroe County;
(F) Identify and secure funding opportunities that may arise from proposed
legislation;
(G) Draft legislation, appropriations requests, and amendments as necessary;
(H) Lobby for Monroe County's position on legislation, appropriations and matters
of interest, including direct contact and communication with the State and federal executive
branches, including officials and agency representatives, and legislators and staff, and testify on
behalf of Monroe County at hearings before legislative committees;
(I) Maintain close working relationships with Monroe County staff,
(J) Provide regular briefing reports to the Board of County Commissioners on key
issues and legislative activity as requested by the Board;
(K) Monitor various State and federal agency actions for potential impact on
Monroe County, and, in the event action is needed, advise the County;
Page 2 of 15 Floridian Partners LLC Lobbyist Contract
2/6/2009 KMP
(L) At the conclusion of the legislative session, prepare a final report, including the
final status of the County's legislative priorities and a summary of the impact of major
legislative changes to Monroe County.
4.1 Professional ability to perform work, appointment of contract manager
FIRM warrants that he or she is authorized by law to engage in the performance of the
activities herein described, subject to the terms and conditions set forth in these contract
documents. FIRM shall designate an individual to be the contract manager for each matter and
the contract manager shall at all times exercise independent, professional judgment and shall
assume professional responsibility for the services to be provided. FIRM warrants that he or
she and the authorized time keepers are authorized by law and the Rules and Regulations of
The Florida Bar to engage in the performance of the activities encompassed by this Agreement.
If FIRM is a member of a law Attorney, either as partner, shareholder, associate, or other
relationship, FIRM warrants that he or she is authorized to enter into this Agreement.
5. REVIEW OF ETHICAL OBLIGATIONS AND POTENTIAL CONFLICTS OF
INTEREST BEFORE INITIATING REPRESENTATION
F1RVI has conducted a thorough investigation and determined that neither FIRM nor his or her
representatives has any ethical impediment, real or potential, including but not limited to conflicts
of interest, to representing COUNTY. To the extent that any ethical impediment, real or
potential, is discovered or ever arises, FIRM shall immediately inform COUNTY in writing of the
impediment (regardless of whether FIRM believes he or she has taken all steps necessary to avoid
the impediment and regardless of whether FIRM believes that the impediment is insubstantial or
questionable), make full disclosure ofthe situation to COUNTY, obtain COUNTY'S express, written
consent to continue the representation ofthe other client, and take all steps requested by COUNTY to
avoid or mitigate the impediment. FIRM understands that, if a direct or indirect conflict of interest
arises which, in the opinion of the COUNTY, cannot be avoided or mitigated under the Rules of
Professional Conduct of The Florida Bar, COUNTY may, in its discretion, (a) obtain reimbursement
from FIRM for all fees and expenses paid to FIRM in this matter; (b) obtain cancellation of all
amounts allegedly owed by COUNTY to FIRM; and (c) obtain reimbursement for consequential
expenses incurred by COUNTY, including the cost of replacement counsel.
6. PAYMENTS TO FIRM
FIRM shall submit to COUNTY invoices with supporting documentation acceptable to the
Clerk . Acceptability to the Clerk is based on generally accepted accounting principles and
such laws, rules and regulations as may govern the Clerk's disbursal of funds.
6.1 FIRM Fee O onthly)
ATTORNEY will be paid for his or her services based on the provision of services on behalf of
COUNTY on a monthly basis due to the need for flexibility and adaptability in meeting with
State and/or Federal officials and the diversity of situations in which lobbying services are
provided. The agreed fee is $5,000.00 per month, not to exceed $60,000 for one year. The
following minimum billing documentation and time -keeper requirements are a condition
precedent to payment by the COUNTY. Payment will be made in accordance with the Florida
Local Government Prompt Payment Act after County receives a proper invoice for the services
provided in the preceding month.
Page 3 of 15 Floridian Partners LLC Lobbyist Contract
2/6/2009 KMP
6.2. Identification of Time -Keepers:
Monthly invoices shall identify the approved time -keepers who provided services and a brief
summary of the services provided.
Approved Time Keepers:
Name:
Rodney Barreto
Brian May
6.3. Discounts to other Clients
The rates FIRM will charge COUNTY represent the lowest rates charged by the same time-
keepers to other clients. In the event that lower rates or discounts are provided to other clients,
FIRM and approved time -keepers will also provide them on the same basis to COUNTY.
6.4. Time keepers
As used in this Agreement, the term "time keeper" shall include the individuals identified in
paragraph 6.3 of this Agreement who will be providing services under this Agreement and who
will bill the COUNTY for their services in accordance with this Agreement.
6.5. Time -keeper changes
Time -keepers approved by the COUNTY are listed in paragraph 6.2 ofthis Agreement, and may be
amended from time to time, upon mutual agreement of the COUNTY and the FIRM, to evidence
the then -current circumstances. Additional time -keepers may not be added to the matter without
advance written approval from COUNTY. In the event that additional time -keepers providing
services which are to be billed to COUNTY are to be added to the star then their hourly rates shall be
provided to COUNTY in advance, and, upon written approval by the COUNTY, their rates and
billing practices shall comply with the requirements of this Agreement. COUNTY expects to
receive discounts or other concessions so that any increases or changes in time -keepers will
not result in unnecessary or unreasonable charges to COUNTY, e.g., for training, internal
conferences, and management.
7. BILLING OF FEES AND EXPENSES
FIRM shall comply with the following requirements as to billing fees and expenses as a
condition precedent to COUNTY' S obligation to pay each bill:
7.1. Monthly bills
Unless otherwise agreed in a writing signed by the COUNTY, bills shall be issued monthly by
FIRM within fifteen (15) days after the close of each month. FIRM understands that COUNTY
requires prompt bills in part to facilitate effective management of the representation and fees.
7.2. Bill format
FIRM shall provide detailed, itemized bills which shall, at a minimum:
7.2.1 Description
Provide a general description of the matter, for which services are being performed. For
example, simply the word "research" is not acceptable, more detail about the type of research
and what was determined by the research is necessary.
7.2.2 Personnel
Clearly identify each timekeeper performing services in conjunction with each entry.
Page 4 of 15 Floridian Partners LLC Lobbyist Contract
2/6/2009 KMP
7.3. Expenses
COUNTY will pay the actual, reasonable cost of the following expense items if incurred in
accordance with the guidelines below and promptly itemized in FIRM' S monthly bill:
Reimbursable expenses include the following:
(a) Expenses of transportation and lodging submitted by FIRM, in writing with
documentation such as boarding passes and receipts, in connection with travel
authorized by the COUNTY, but only to the extent authorized by State statute and
County Ordinance.
(b) Long distance charges and overnight delivery related to the project shall be
reimbursed at cost.
7.3.1. Travel Expenses
Travel expenses within the FIRM' S local area, defined as a radius of 50 miles from the
timekeeper's office, will not be reimbursed.
Travel expenses outside the local area may only be reimbursed if the travel was approved in
advance by COUNTY. Reimbursable travel expenses, if approved in advance, are the cost of
transportation by the least expensive practicable means (e.g., coach class air travel), the cost of
reasonable hotel accommodations, and the cost of transportation while out of town (e.g., by cab
or rental car, whichever seems reasonable, at the lowest available rate). Travel expenses will
be reimbursed in accordance with the applicable provisions of Florida Statute 112.321 for
"approved travelers" and of the Monroe County Code Article XXYI and shall be summarized
on the Monroe County Travel Form by FIRM with all applicable receipts attached thereto.
7.3.2. Long distance charges and overnight delivery fees
Long distance charges and overnight delivery fees shall be reimbursed at cost.
7.3.3. Advance approval of expenses
In addition to the items noted above, FIRM shall obtain advance approval from COUNTY
before incurring any expense in excess of $1,000.00 if FIRM expects to be reimbursed for that
expense. COUNTY may refuse to pay any expense for which advance approval was not
obtained by FIRM.
7.3.4. Copies of receipts for gx ep nses
FIRM shall include copies of receipts for all expenses with the itemized monthly bill.
COUNTY may refuse to pay any expense item for which documentation is not provided by
FIRM.
7.3.5. Expenses (and fees, after termination
Upon termination of the representation, FIRM shall promptly bill COUNTY for any remaining
reimbursable expenses and fees. COUNTY may refuse to pay any fees or expenses not billed
within 45 days of termination of the representation. FIRM is also expected to cooperate
promptly with all aspects of termination and, if applicable, transition to other counsel. Payment
for fees and expenses is contingent upon prompt, full cooperation.
Page 5 of 15 Floridian Partners LLC Lobbyist Contract
2/6/2009 V"
7.4. Bill and expense documentation
FIRM must maintain supporting documentation for invoices until at least one year after the
termination of the representation. This documentation shall be made available by FIRM to
COUNTY (or COUNTY' S designated representative, including an accountant, the County
Clerk or County Clerk's representative, or legal bill auditor) upon COUNTY'S written request.
FIRM agrees to cooperate with any examination of this documentation and FIRM'S fees and
expenses, e.g., by responding promptly and completely to any questions COUNTY or its
designated representative may have. FIRM shall notify COUNTY in writing at least 60 days in
advance of destroying any such records and, in the event that COUNTY requests that they be
preserved, shall preserve them at least one additional year or, at the option of the COUNTY,
delivered to the COUNTY for storage by the COUNTY, with COUNTY responsible for paying
the actual cost of storage. This documentation shall include, for example, original time records,
expense receipts, and documentation supporting the amount charged by FIRM for expense
items generated by FIRM or his or her Attorney. COUNTY reserves the right not to pay any fee
or expense item for which sufficient documentation or expense item for which sufficient
documentation is not available to determine whether the item was necessary and reasonable.
8. PAYMENT TERMS
FIRM'S request for payments and reimbursements may be made in either the FIRM'S name or
the name of the FIRM'S representative, as appropriate. FIRM bills complying with this
Agreement are due and payable according to the Prompt Payment Act. If the bill materially
fails to comply with the requirements of this Agreement, then it is not due and payable until
FIRM remedies its deficiencies.
9. MATTER MANAGEMENT
9.1. Billing Matters. All billing by FIRM, and additional timekeepers, will be reviewed
by FIRM and that FIRM will serve as the point of contact for this matter, including billing
questions. The COUNTY contact for this billing issues shall be:
Suzanne A. Hutton, County Attorney
1111 1P Street, Suite 408
Key West, Florida 33040
(305) 292-3470
(305) 292-3516 (facsimile)
9.2 Legislative Matters. All communications between COUNTY and FIRM regarding
legislative matters shall be communicated to the County Administrator, or in his absence, to the
County Attorney. The primary COUNTY contact for these purposes shall be:
Roman Gastesi, County Administrator
1100 Simonton Street, Room 2-205
Key West, Florida 33040
(305) 292-4644
(305)394-1332 (cell)
(305) 292-4544 (facsimile)
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2J612009 KMP
9.3. FIRM cooperation
FIRM will cooperate with COUNTY or COUNTY'S representatives to promptly provide all
information COUNTY requests or needs about the subject matter of this Agreement and
FIRM'S bills and handling of the matter.
9.4. COUNTY cooperation
FIRM should consult with COUNTY about all opportunities for COUNTY to save money or
make use of COUNTY'S expertise to assist in, e.g., meetings with State officials and drafting
of documents. COUNTY may also have personnel and facilities available to reduce the
expenses related to the subject matter of this Agreement.
10. CONFIDENTIALITY AND PUBLIC RELATIONS
FIRM is not authorized to waive or release any privilege or other protection of information —
confidential, secret, or otherwise — obtained from or on behalf of COUNTY. FIRM is to keep
all confidential, privileged, or secret information confidential. This requirement is perpetual,
i.e., it will continue even after the termination of the relationship and this Agreement.
10.1 Prohibition against use of information
This requirement is also intended to prohibit FIRM from using information obtained from or on
behalf of COUNTY, including work product prepared at COUNTY'S expense, for other
client's of FIRM or his or her Attorney, without COUNTY'S advance written approval.
10.2 No use of County for marketing purposes
FIRM is not authorized to identify COUNTY as a COUNTY, e.g., for purposes of marketing or
advertising, without COUNTY'S prior approval.
11. OWNERSHIP OF FIRM FILES AND WORK PRODUCT
FERM understands that all files and work product prepared by FIRM or his or her FIRM at the
expense of COUNTY (or for which COUNTY is otherwise billed) is the property of COUNTY.
Without COUNTY'S prior written approval, this work product may not be used by FIRM or his
or her representative nor disclosed by FIRM or his or her representative to others, except in the
normal course of FIRM'S representation of COUNTY in this matter. FIRM agrees that
COUNTY owns all rights, including copyrights, to materials prepared by COUNTY or by
FIRM on behalf of COUNTY. FIRM shall notify COUNTY in writing at least 60 days in
advance of destroying any such records and, in the event that COUNTY requests that they be
preserved, shall preserve them at least one additional year (with COUNTY responsible for
paying the actual cost of storage). FIRM shall provide COUNTY with prompt access to
(including the ability to make copies of) all FIRM files and work product, regardless of whether
the representation or matter is ongoing and whether FIRM fees and expenses have been paid in
full.
12. DISPUTE RESOLUTION
FIRM and COUNTY agree that if a dispute arises between them that neither shall be required
to enter into any arbitration proceedings related to this Agreement
12.1. Disputes regarding fees or expenses
FIRM and COUNTY agree that all disputes regarding FIRM'S fees or expenses are to be
resolved pursuant to the procedures and practices for mediation by the Attorney Consumer
Assistance Program of the Florida Bar.
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12.2. Disputes regarding interpretation
COUNTY and FIRM agree that all disputes and disagreements between them regarding
interpretation of the Agreement shall be attempted to be resolved by a meet and confer session
between representatives of COUNTY and FIRM. If the issue or issues are still not resolved to
the satisfaction of both within thirty (30) days after the meet and confer session, then either
shall have the right to terminate the Agreement upon ten (10) business days notice in writing to
the other party.
12.3 Legal or Administrative procedures
In the event any administrative or legal proceeding is instituted against either the COUNTY or
FIRM relating to the formation, execution, performance, or breach of this Agreement, the
COUNTY and FIRM each agree to participate, to the extent required by the other, in all
proceedings, hearings, processes, meetings, and other activities related to the substance of
this Agreement; institution of any administrative or legal proceeding shall constitute immediate
termination of this Agreement. FIRM agrees to forward copies of all documents in his or her
possession related to the matter, which is the subject of this Agreement to COUNTY at the time
of filing any administrative or legal proceeding.
12.4 FIRM'S Fees and Costs
In the event any administrative proceeding or cause of action is initiated or defended by the
COUNTY or FIRM relative to the enforcement or interpretation of this Agreement, the
prevailing party shall be entitled to an award of reasonable attorney's fees, and court costs, as
an award against the non -prevailing party, and shall include reasonable attorney's fees, and
court costs in appellate proceedings.
Mediation proceedings in and conducted pursuant to this Agreement or as may be
required by a court of competent jurisdiction shall be conducted in accordance with the Florida
Rules of Civil Procedure and the usual and customary procedures required by the circuit court
of Monroe County and shall take place in Monroe County.
13. NOTICE REQUIREMENT
Any notice required or permitted under this agreement shall be in writing and hand delivered or
mailed, postage prepaid, to the other party by certified mail, returned receipt requested, to the
following:
FOR COUNTY
Roman Gastesti
County Administrator
1100 Simonton Street
Key West, FL. 33040
FOR FIRM
Brian May
235 Catalonia Avenue
Coral Gables, FL 33134
Phone 305-444-4648
Fax 305-444-1128
Suzanne A. Hutton
and County Attorney
1111 12a' Street, Suite 408
Key West, FL 33040
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14. GOVERNING LAW AND VENUE
This Agreement shall be governed by and construed in accordance with the laws of the State of
Florida applicable to contracts made and to be performed entirely in the State. Venue for any
Iegal action which may arise out of or under this agreement shall be in Monroe County, Florida.
15. ENTIRE AGREEMENT
The entire agreement between the COUNTY and FIRM with respect to the subject matter
hereof is contained in this Agreement. This Agreement supersedes all prior oral and written
proposals and communications between the COUNTY and FIRM related to this Agreement. No
provision of this Agreement shall be deemed waived, amended or modified by either party
unless such waiver,
amendment or modification is in writing and signed by the party against whom the waiver,
amendment or modification is claimed. This Agreement shall be binding upon and inure to the
benefit of the parties hereto, their permitted successors and assigns.
16. FLORIDA GOVERNMENT -IN -THE -SUNSHINE LAW
FIRM agrees that, unless specifically exempted or excepted by Florida law, the provisions of
Chapter 120, Florida Statutes, generally require full and public discussion of matters to be
voted upon by the Board of County Commissioners. FIRM agrees to consult with the
COUNTY Attorney's office concerning the application of the Sunshine Law from time to time
concerning specific circumstances that may arise during the term of this Agreement.
17. FLORIDA PUBLIC RECORDS LAW
FIRM agrees that, unless specifically exempted or excepted by Florida law or Rules and
Regulations of The Florida Bar, the provisions of Chapter 119, Florida Statutes, generally
require public access to all records and documents which may be made or received under this
Agreement. FIRM agrees to consult with the County Attorney's • office concerning the
application of the Public Records Law from time to time concerning specific circumstances that
may arise during the term of this Agreement.
18. NO ASSIGNMENTS
FIRM shall not assign or subcontract its obligations under this agreement, except in writing and
with the prior written approval of the Board of County Commissioners of Monroe County,
which approval shall be subject to such conditions and provisions as the Board may deem
necessary. This paragraph shall be incorporated by reference into any assignment or
subcontract and any assignee or subcontractor shall comply with all of the provisions of this
Agreement. Unless expressly provided for therein, such approval shall in no manner or event
be deemed to impose any additional obligation upon the Board.
19. TERMINATION
Either of the parties hereto may terminate this contract without cause by giving the other party
thirty (30) business days written notice of its intention to do so.
19.1 Documents forwarded to COUNTY
FIRM agrees to forward to COUNTY along with Notice of Termination or upon receipt of
Notice of Termination, depending upon which party terminates the Agreement, copies of all
documents in his or her possession of any nature whatsoever related to the FIRM'S
representation of COUNTY or obtained due to FERM'S representation of COUNTY.
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19.2 Restriction on Communications
FIRM agrees not to communicate with the public, including the press, about COUNTY or
about this matter.
20. SEVERABILITY
If a term, covenant, condition or provision of this Agreement shall be declared invalid or
unenforceable to any extent by a court of competent jurisdiction, the remaining terms,
covenants, conditions and provisions of this Agreement shall not be affected thereby, and each
remaining term, covenant, condition and provision of this Agreement shall be valid and shall be
enforceable to the fullest extent permitted by law unless the enforcement of the remaining
terms, covenants, conditions and provision of this Agreement would prevent the
accomplishment of the original intent of this Agreement. The COUNTY and FIRM agree to
reform the Agreement to replace any stricken provision with a valid provision that comes as
close as possible to the intent of the stricken provision.
21. CAPTIONS
The captions set forth herein are for convenience of reference only and shall not define,
modify, or limit any of the terms hereof.
22. LEGAL OBLIGATIONS AND RESPONSIBILITIES,• NON -DELEGATION OF
CONSTITUTIONAL OR STATUTORY DUTIES
This Agreement is not intended to relieve, nor shall it be construed as relieving, either the
COUNTY or FIRM from any obligation or responsibility imposed upon each by law except to
the extent of actual and timely performance thereof by the other, in which case the performance
may be offered in satisfaction of the obligation or responsibility. Further this Agreement is not
intended to authorize, nor shall it be construed as authorizing, - the delegation of the
constitutional or statutory duties of the COUNTY, except to the extent permitted by the Florida
Constitution, state statutes, case law, and, specifically, the provisions of Chapter 125, Florida
Statutes.
23. RECORDS
FIRM shall maintain all books, records, and documents directly pertinent to performance under
this Agreement, including the documents referred to in this Agreement, in accordance with
generally accepted accounting principles, consistently applied. Upon ten (10) business days
written notice to the other, representatives of either the COUNTY or FERM shall have access,
at all reasonable times, to all the other parry's books, records, correspondence, instructions,
receipts, vouchers and memoranda (excluding computer software) pertaining to work under
this Agreement for the purpose of conducting a complete independent fiscal audit. FIRM shall
retain all records required to be kept under this Agreement for a minimum of five years, and for
at least four years after the termination of this agreement. FIRM shall keep such records as are
necessary to document the performance of the agreement and expenses as incurred, and give
access to these records at the request of the COUNTY, the State of Florida or authorized agents
and representatives of said government bodies. It is the responsibility of FIRM to maintain
appropriate records to insure a proper accounting of all collections and remittances. FIRM shall
be responsible for repayment of any and all audit exceptions which are identified by the
Auditor General for the State of Florida, the Clerk of Court for Monroe County, the Board of
County Commissioners for Monroe County, or their agents and representatives.
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24. PUBLIC ACCESS
The COUNTY and FIRM shall allow and permit reasonable access to and inspection of, all
documents, papers, letters, or other materials subject to the Florida Public Records Law, as
provided in Chapter 119, Florida Statutes, and made or received by the them, unless
specifically exempted by State Statute, Rules and Regulations of The Florida Bar, or case law.
COUNTY shall have the right to cancel this agreement upon violation of this provision by
FIRM.
25. MONROE COUNTY CODE ETHICS PROVISION
FIRM warrants that he or she has not employed, retained or otherwise had act on his behalf any
former COUNTY officer or employee in violation of Section 2 of Ordinance No. 10-1990 or
any COUNTY officer or employee in violation of Section 3 of Ordinance No. 10 1990. For
breach or violation of this provision the COUNTY may, at its discretion, terminate this
Agreement without liability and may also, at its discretion, deduct from the sums owed under
the Agreement, or otherwise recover, the full amount of any fee, commission, percentage, gift,
or consideration paid to the former or present COUNTY officer or employee. COUNTY
employees and officers are required to comply with the standards of conduct delineated in
Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of
gifts, doing business with one's agency, unauthorized compensation, and misuse of public
position, conflicting employment or contractual relationship, and disclosure of certain
information.
26. PUBLIC ENTITY CREME STATEMENT
Florida law provides that person or affiliate who has been placed on the convicted vendor list
following a conviction for public entity crime may not submit a bid on an agreement to
provide any goods or services to a public entity, may not submit a bid on a agreement with a
public entity for the constriction or repair of a public building or public work, may not submit
bids on leases of real property to public entity, may not be awarded or perform work as a
contractor, supplier, sub contractor, or consultant under a agreement with any public entity, and
may not transact business with any public entity in excess of the threshold amount provided in
Section 287.017, for CATEGORY TWO for a period of thirty-six (36) months from the date of
being placed on the convicted vendor list. FIRM warrants the neither FIRM nor any authorized
time keeper has been named to the convicted vendor list.
27. ANTI -KICKBACK
FIRM warrants that no person has been employed or retained to solicit or secure this
Agreement upon any contract or understanding for a commission, percentage, brokerage or
contingent fee, and that no employee or officer of the COUNTY has any interest, financially or
otherwise, in this Agreement, except as expressly stated herein. For breach or violation of this
warranty, the COUNTY shall have the right to annul this agreement without liability or, in its
discretion, to deduct any sums to be paid by COUNTY under this Agreement, or otherwise
recover, the full amount of such commission, percentage, brokerage or contingent fee.
28. MODIFICATIONS AND AMENDMENTS
This Agreement may not be modified in any way without the express, written consent of both
parties. Any and all modifications and Amendments of the terms of this Agreement shall be in
writing and executed by the Board of County Commissioners for Monroe County and by FIRM
in the same manner as this Agreement.
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29. INDEPENDENT CONTRACTOR
At all times and for all purposes hereunder, FIRM is an independent contractor and not an
employee of the Board of County Commissioners of Monroe County. No statement contained
in this Agreement shall be construed so as to find FIRM or any of the authorized time keepers,
to be the employees of the Board of County Commissioners of Monroe County, and they shall
be entitled to none of the rights, privileges or benefits of employees of Monroe County.
30. COMPLIANCE WITH LAW
In carrying out FiRM'S obligations under this agreement, FIRM shall abide by all statutes,
ordinances, rules and regulations pertaining to or regulating the provisions of this Agreement,
including those now in effect and hereafter adopted. Any violation of said statutes, ordinances,
rules or regulations shall constitute a material breach of this Agreement and shall entitle
COUNTY to terminate this Agreement immediately upon delivery of written notice of
termination to FIRM.
31. LICENSING
FIRM warrants that FIRM and additional timekeepers do presently have, shall have prior to
commencement of work under this Agreement, and at all times during said work, all required
licenses and permits whether federal, state, County or City.
32. NON-DISCR NIINATION
FIRM agrees that he or she will not discriminate against any person, and it is expressly
understood that upon a determination by a court of competent jurisdiction that discrimination
has occurred, this Agreement automatically terminates without any further action on the part of
any party, effective the date of the court order. FIRM agrees to comply with all Federal and
Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These
include but are not limited, to: 1) Title VI of the Civil Rights Act of 1.964 (PL 88-352) which
prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the
Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which
prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973,
as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The
Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which prohibits
discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL
92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The
Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act
of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse
or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3
and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patent records;
8) Title VIR of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to
nondiscrimination in the sale, rental or financing of housing; 9) The Americans with
Disabilities Act of 1990 (42 USC s. 1201 Note), as maybe amended from time to time, relating
to nondiscrimination on the basis of disability; 10) Monroe County Code Chapter 13, Article
VI, which prohibits discrimination on the basis of race, color, sex, religion, national origin,
ancestry, sexual orientation, gender identity or expression, familial status or age; 11) Any other
nondiscrimination provisions in any Federal or state statutes which may apply to the parties to,
or the subject matter of, this Agreement.
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33. NON -RELIANCE BY NON-PARTIES
No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement
to enforce or attempt to enforce any third -party claim or entitlement to or benefit of any
service or program contemplated hereunder, and the COUNTY and FIRM agree that neither
the COUNTY nor FIRM or any officer, agent, or employee of each shall have the authority to
inform, counsel, or otherwise indicate that any particular individual or group of individuals,
entity or entities, have entitlements or benefits under this Agreement separate and apart,
inferior to, or superior to the community in general or for the purposes contemplated under this
Agreement.
34. ATTESTATIONS
FIRM agrees to execute such documents as the COUNTY may reasonable require, including a
Drug -Free Workplace Statement, and a Public Entity Crime Statement.
35. COUNTY AUTHORITY
This Agreement has been duly noticed at a legally held public meeting conducted in Monroe
County, Florida. COUNTY'S performance and obligation to pay under this contract, is
contingent upon annual appropriation by the Board of County Commissioners.
36. HOLD HARMLESS AND INSURANCE
Prior to the commencement of work governed by this contract, the ATTORNEY shall obtain
General Liability Insurance. Coverage shall be maintained throughout the life of the contract
and include, as a minimum:
• Premises Operations
• Bodily Injury Liability
• Expanded Definition of Property Damage
The minimum limits acceptable shall be:
$300,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$100,000 per Person
$300,000 per Occurrence
$ 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
contract. 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.
The Monroe County Board of County Commissioners shall be named as Additional Insured on
all policies issued to satisfy the above requirements.
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Vehicle Liability Insurance requirements
Recognizing that the work governed by this contract requires the use of vehicles, the
ATTORNEY, prior to the commencement of work, shall obtain Vehicle Liability Insurance.
Coverage shall be maintained throughout the life of the contract and include, as a minimum,
liability coverage for:
e Owned, Non -Owned, and Hired Vehicles
The minimum limits acceptable shall be:
$100,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$ 50,000 per Person
$100,000 per Occurrence
$ 25,000 Properly Damage
The Monroe County Board of County Commissioners shall be named as Additional Insured on
all policies issued to satisfy the above requirements.
Workers' Compensation Insurance Requirements
Prior to commencement of work governed by this contract, the ATTORNEY shall obtain
Workers' Compensation Insurance with limits sufficient to respond to the applicable state
statutes.
In addition, the ATTORNEY shall obtain Employers' Liability Insurance with limits of not less
than:
$100,000 Bodily Injury by Accident
$500,000 Bodily Injury by Disease, policy limits
$100,000 Bodily Injury by Disease, each employee
Coverage shall be maintained throughout the entire term of the contract.
Coverage shall be provided by a company or companies authorized to transact business in the
state of Florida.
Professional LiabilitLquirements
Recognizing that the work governed by this contract involves the furnishing of advise or
services of a professional nature, the Attorney shall purchase and maintain, throughout the life
of the contract, Professional Liability Insurance which will respond to damages resulting from
any claim arising out of the performance of professional services or any error or omission of
the Contractor arising out of work governed by this contract.
The minimum limits of liability shall be:
$250,000 per occurrence/$500,000 Aggregate Prior to execution of this agreement, FIRM shall
furnish COUNTY Certificates of Insurance indicating the minimum professional liability
coverage for FIRM and additional time -keepers in the amount of $250,000 per
Occurrence/$500,000 Aggregate. FIRM agrees to keep the same amount of coverage or more at
all times and to provide proof of said coverage to COUNTY at COUNTY' S request at any time
during the term of the Agreement.
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37. NO PERSONAL LIABILITY
No covenant or obligation contained in this Agreement shall be deemed to be a covenant or
obligation of any member, officer, agent or employee of the Board of County Commissioners
of Monroe County in his or her individual capacity and no member, officer, agent or employee
of the Board of County Commissioners of Monroe County shall be liable personally on this
Agreement or be subject to any personal liability or accountability by reason of the execution
of this Agreement.
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 the COUNTY and FIRM may execute this Agreement by signing any such counterpart.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day
and date first written above.
ATTEST: DANNY L. KOLHAGE, CLERK
By:
Deputy Clerk
Witness to ATTORNEY:
Signature
Print Name
Address
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
Mayor
WIONROE COUNTY ATT RNE
OVER AST_
ATTORNEY:
Signature
Print Name
DATE:
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