Item C07
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: 2/27/09
Division:
County Administrator
Bulk Item: Yes No -L
Department:
County Administrator
Staff Contact PersonlPhone #: Roman Gastesi/292-4441
AGENDA ITEM WORDING:
Discussion, direction and action on the Interlocal Agreement between Monroe County and Key Largo
Wastewater Treatment District to share the costs of Federal and State lobbYist services.
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, made up of the following firms: Ronald L. Book, P .A., Tew
Cardenas LLP, Floridian Partners, LLC, and Quantum Results, Inc.
PREVIOUS RELEVANT BOCC ACTION:
Continuance of items re lobbYist agreements and ILAs from 2/18 regular meeting to 2/27 special
meeting.
CONTRACT/AGREEMENT CHANGES:
STAFF RECOMMENDATIONS:
TOTAL COST:
INDIRECT COST:
BUDGETED: Yes _No
COST TO COUNTY:
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes -L No AMOUNT PER MONTH $3.300* Year
*if all other parties agree to share cost
APPROVED BY: County Atty _ OMB/Purchasing _ Risk Management _
DOCUMENTATION:
Included
Not Required_
AGENDA ITEM # c. 7
DISPOSITION:
Revised 1/09
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Key Largo Wastewater Contract #_
Treatment District Effective Date: February 6, 2009
Expiration Date: March 31,2012
Contract Purpose/Description:
An lnterlocal Agreement with Monroe County to share the cost of State LobbYist
services to advocate for funding on the subject of wastewater and other infrastructure
projects in the Florida Keys.
Contract Roman Gastesi 4441 County Administrator
Manager:
(N ame) (Ext. ) (Department/Stop #)
for BOCC meeting on 2/18/09 Agenda Deadline: 2/3/09
CONTRACT COSTS
Total Dollar Value of Contract: $ Current Year Portion: $
Budgeted?YesD NoD A~ountCodes: 001 -(Y"5~,-3~~oE.
Grant: $ lVlf\u.L _-_-_-_-_
County Match: $ _-_-_-_-_
- - - -
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ADDITIONAL COSTS
Estimated Ongoing Costs: $~Yf For:
(Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
Date In
Changes
Needed Reviewer
YesONoO ~
YesO NO~- _ ~_ . .
YesDNo' ~ -.: ~
Date Out
Division Director
Risk Mana&ement a~~~
.p.)lL ('~. ~
O.M.B./Putd1~ng ly -()e;
County Attorney
YesD NoD See, Cor-rJ-rac+-
Comments:
.}
LOBBYING COST SHARING
AGREEMENT
This Agreement is made and entered into by MONROE COUNTY (COUNTY), a
political subdivision of the State of Florida, whose address is 1100 Simonton Street,
Key West, FL 33040, and Key Largo Wastewater Treatment District (KLWTD), an
independent special district established by the laws of Florida and whose address is
P.O. Box 491, Key Largo, Florida.
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, utilities, and
municipalities (the "Parties")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 entities desire to work together through the firms of Ronald L.
Book, P.A., Tew Cardenas LLP, Floridian Partners, LLC, and Quantum Results, Inc. to
lobby the State to issue bonds and appropriate $50,000,000 per year to the
wastewater entities in the Florida Keys and to take such other actions as are intended
to facilitate the goal of bringing as many developed properties as is economically
feasible into centralized wastewater collection and treatment systems and remaining
developed properties in compliance with Best Available Technology Onsite Sewage
Treatment and Disposal Systems; and
WHEREAS, the Local Governmental parties are authorized by Section
163.01(4), Florida Statutes, to enter into an interlocal agreement to carry out their
independent powers; and
WHEREAS, the Local Governmental entities may, pursuant to State laws,
contract with private entities to serve a public purpose.
NOW THEREFORE, IN CONSIDERATION OF the mutual promises and
conditions contained herein, the PARTIES agree as follows:
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1. TERM.
Subject to and upon the terms and conditions set forth herein, this Agreement shall
be effective February 6, 2009, and continue through May 31, 2012, unless earlier
terminated by mutual consent of the parties.
2. OBLIGATIONS OF PARTIES.
MONROE COUNTY shall contract with the firms of Ronald L. Book, P.A., Tew
Cardenas LLP, Floridian Partners, LLC, and Quantum Results, Inc. ("Firms") at an
amount not to exceed $60,000 each per year for the purpose of lobbying the State to
issue Everglades Restoration bonds and appropriate the maximum amount each year
for wastewater projects and other infrastructure needs in the Florida Keys and to
lobby federal officials to appropriate as much money as they can secure for
wastewater projects and other infrastructure needs in the Florida Keys. The COUNTY
shall also enter into mirror funding agreements with the other governmental agencies
having responsibility for wastewater collection and treatment in the Florida Keys.
KLWTD shall pay to COUNTY the sum of $3,300 per month toward the contract
fees paid under the agreement with Monroe County, upon receipt of invoice, and for
no longer than one year.
3. COMPENSATION. The parties agree to collectively fund the lobbying costs for
wastewater and other infrastructure funding during the term of this agreement.
Monroe County shall submit invoices to each of the other parties for that party's share
of the County's current billing from the Firms with copies of documentation that
support the current billing. Payment shall be made by the Local Government entities
pursuant to the Local Government Prompt Payment Act. Utility payments shall be
made within 20 days of receipt of billing.
4. NO GUARANTEED DISTRIBUTION AMOUNT. The Parties in agree that this
Agreement does not warrant, or guarantee a set minimum or maximum fixed amount
of funding to be made available from the State bonds.
5. RECORDS - ACCESS AND AUDITS. All Parties shall maintain adequate and
complete records for a period of four years after each fiscal year allocation. Each
Party, its officers, employees, agents and contractors shall have access to the Other
Party's books, records, and documents related to this Agreement upon request. The
access to and inspection of such books, records, and documents by the Parties shall
occur at any reasonable time.
6. RELATIONSHIP OF PARTIES. The Parties are independent of each other and
shall at no time be legally responsible for any negligence on the part of the Other
Parties, their employees, agents or volunteers resulting in either bodily or personal
injury or property damage to any individual, property or corporation.
7. TAXES. The governmental Parties are not subject to taxes and assessments
with regards to the funds shared under this Agreement.
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8. INSURANCE. The parties to this agreement stipulate that ea~h Local
Governmental entity is a state governmental agency as defined by Florida Statutes
and represents to the other that it has purchased suitable Public Liability, Vehicle
Liability, and Workers' Compensation insurance, or is self-insured, in amounts
adequate to respond to any and all claims under federal or state actions for civil rights
violations, which are not limited by Florida Statutes Section 768.28 and Chapter 440,
as well as any and all claims within the limitations of Florida Statutes Section 768.28
and Chapter 440, as well as any and all claims within the limitations of Florida
Statutes arising out of the activities governed by this agreement. Utility coverage
shall be maintained in amounts commensurate with the governmental entities.
Each party agrees to keep in full force and effect the required insurance coverage
during the term of this Agreement.
9. HOLD HARMLESS. To the extent allowed by law, each Party is liable for and
must fully defend, release, discharge, indemnify and hold harmless the other parties,
the members of their governing boards, officers and employees, agents and
contractors, from and against any and all claims, demands, causes of action, losses,
costs and expenses of whatever type - including investigation and witness costs and
expenses and attorneys' fees and costs - that arise out of or are attributable to the
operations under this agreement except for those claims, demands, damages,
liabilities, actions, causes of action, losses, costs and expenses that are the result of
the sole negligence or malfeasance of the respective Party. The purchase of the
insurance required under this Agreement does not release or vitiate any Party's
obligations under this paragraph. No Party waives any of its sovereign immunity
rights including but not limited to those expressed in Section 768.28, Florida Statutes.
10. NON-DISCRIMINATION. The Parties, each for itself, its personal
representatives, successors in interest, and assigns, as a part of the consideration
hereof, does hereby covenant and agree that no person on the grounds of race, color,
or national origin shall be excluded from participation in, denied the benefits of, or be
otherwise subjected to discrimination In the use of premises or In the contracting for
improvements to the premises.
The Parties agree that there will be no discrimination against any person, and it is
expressly understood that upon a determination by a court of competent jurisdiction
that discrimination has occurred, this Agreement automatically terminates without any
further action on the part of any party, effective the date of the court order. The
Parties agree to comply with all Federal and Florida statutes, and all local ordinances,
as applicable, relating to nondiscrimination. These include but are not limited to: 1)
Title VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on
the basis of race, color or national origin; 2) Title IX of the Education Amendment of
1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which prohibits
discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as
amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps;
4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which
prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment
Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of
drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention,
Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to
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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 Ch.
13, Art. VI, prohibiting discrimination on the bases of race, color, sex, religion,
disability, national origin, ancestry, ~exual 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.
11. TERMINATION. Notwithstanding the prOVISions of Paragraph 1 of this
Agreement, any party may terminate this Agreement for cause after giving to the
breaching Party at least ninety (90) days written notice of the breach, and allowing
the allegedly breaching Party a period of forty-five (45) days within which to cure said
breach. Failure to cure the breach shall be noticed by the non breaching Party in
writing and provided to the breaching party at least twenty (20) days prior to the
termination date. A breach of this Agreement shall occur if any Party changes its
percentage allocation as agreed to in the Plan without the written approval of all the
parties to this Agreement.
12. ASSIGNMENT. No Party may assign this Agreement or assign or subcontract
any of its obligations under this Agreement without the approval of the governing
boards of the other Parties. All the obligations of this Agreement will extend to and
bind the legal representatives, successors and assigns of the all Parties
13. SUBORDINATION. This Agreement is subordinate to the laws and regulations
of the United States, and the State of Florida, whether in effect on commencement of
this Agreement or adopted after that date.
14. INCONSISTENCY. If any item, condition or obligation of this Agreement is in
conflict with other items in this Agreement, the inconsistencies shall be construed so
as to give meaning to those terms which limit the party's responsibility and liability.
15. GOVERNING LAWS/VENUE. This Agreement is governed by the laws of the
State of Florida and the United States. Venue for any dispute arising under this
Agreement must be in Monroe County, Florida. In the event of any litigation, the
prevailing party is entitled to a reasonable attorney's fee and costs.
16. ETHICS CLAUSE. Each party warrants that it has not employed, retained or
otherwise had act on its behalf any former County officer or employee subject to the
prohibition of Section 2 of ordinance No. 010-1990 or any County officer or employee
in violation of Section 3 of Ordinance No. 010-1990. For breach or violation of this
provision, the COUNTY may, in its discretion, terminate this agreement without
liability and may also, in its discretion, recover the full amount of any fee,
commission, percentage, gift or consideration paid to the former County officer or
employee.
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17. CONSTRUCTION. This Agreement has been carefully reviewed by the Parties.
Therefore, this Agreement is not to be construed against any party on the basis of
authorship.
18. NOTICES. Notices in this Agreement, unless otherwise specified, must be sent
by certified mail to the following:
COUNTY:
County Administrator
1100 Simonton Street
Key West, FL 33040
KLWTD:
General Manager
P.O. Box 491
Key Largo, FL 33037
22. 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 or benefit of any service or program
contemplated hereunder, and each party agrees that neither the party nor any officer,
agent, or employee of the party shall have the authority to inform, counselor
otherwise indicate that any particular individual or groups 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.
23. FULL UNDERSTANDING. This Agreement is the parties' final mutual
understanding regarding the subject matter hereof. It replaces any earlier
agreements or understandings, whether written or oral. This Agreement cannot be
modified or replaced except by another written and signed agreement.
IN WITNESS WHEREOF, each party has caused this Agreement to be executed
by its duly authorized representative.
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
By:
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
Deputy Clerk
Mayor/Chairman
(SEAL)
ATTEST:
By:
KEY LARGO WASTEWATER TREATMENT DISTRICT
By:
Clerk
Chair
... b\NNE A. HUTTON
_ 1:~'1J~R_~~, ....____...,
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