HomeMy WebLinkAbout05/21/2025 Agreement
DATE: June 3, 2025
TO: Andrew Roltsch
Office of Management & Budget
FROM: Liz Yongue, Deputy Clerk
SUBJECT: May 21, 2025 BOCC Meeting
The following item has been executed and added to the record:
P6 Fiscal Year 2025 contract with Fair Insurance Rates of Monroe (FIRM) in the
amount of $50,000.00.
Should you have any questions please feel free to contact me at (305) 292-3550.
cc: County Attorney
Finance
File
KEY WEST MARATHON PLANTATION KEY
500 Whitehead Street 3117 Overseas Highway 88770 Overseas Highway
Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070
Agreement to Provide Funding for Insurance Advocacy
This Agreement (“Agreement”) made and entered into this 21st day of May 2025 by and
between Monroe County, a political subdivision of the State of Florida, whose address is 1100
Simonton Street, Key West, Florida, 33040, its successors and assigns, hereinafter referred to as
"COUNTY," through the Monroe County Board of County Commissioners (“BOCC”), and Fair
Insurance Rates for Monroe (FIRM), a not-for-profit organization authorized to do business within
the State of Florida (hereinafter referred to as “FIRM” or "CONTRACTOR") (collectively, the
"Parties').
WITNESSETH:
WHEREAS, FIRM provides advocacy in regard to lower property insurance rates for the
residents, businesses, and homeowners of Monroe County; and
WHEREAS, the BOCC seeks to support FIRM and provide funding to further its mission
to lower property insurance rates for the residents, businesses, and homeowners of Monroe County;
NOW, THEREFORE, in consideration of the mutual promises, covenants and
agreements stated herein, and for other good and valuable consideration, thesufficiency ofwhich
is hereby acknowledged, COUNTY and CONTRACTOR agree as follows:
Article I
1.1 REPRESENTATIONS
Byexecuting this Agreement, CONTRACTOR makes thefollowingexpress
representations to the COUNTY:
1.1.1 The CONTRACTOR shall maintain all necessary licenses, permits orother authorizations
necessary to act and provide advocacy in regard to lower property insurance rates for the residents,
businesses, and homeowners of Monroe;
1.1.2 The CONTRACTOR shall prepare all documentation required by this Agreement in such
a manner that they shall be accurate, coordinated and adequate for use in verifying work
completed and shall be in conformity and comply with all applicable law, codes and
regulations.The CONTRACTOR agrees that any documents prepared as a part of this
Agreement willbe adequate and sufficient to document services and related costs in a manner
that is acceptable for reimbursement by government;
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1.1.3 The CONTRACTORassumesfullresponsibilityto the extent allowed by law withregards
to his performance and those directly under his employ.
1.1.4 The CONTRACTOR’S services shall be performed as expeditiously as is consistent with
professional skillsandcareand the orderlyprogress of the Scope of Services.Inproviding
all services pursuant to this agreement, the CONTRACTOR shall abide by all statutes,
ordinances, rules and regulations pertaining to, or regulating the provisions of such services,
including those now in effect and hereinafter adopted. Any violation of said statutes,
ordinances, rules and regulations shall constitute a material breach of this agreement and
shall entitle the Board to terminate this contract immediately upon delivery of written
notice of termination to the CONTRACTOR.
At all times and for all purposes under this agreement the CONTRACTOR is an
1.1.5
independent contractor and not an employee of the Board of County Commissioners for
Monroe County. No statement containedin this agreement shall be construed so as to find
the CONTRACTOR or any of his/her employees, contractors, servants, or agents to be
employees of the Board of County Commissioners for Monroe County.
1.2 Contract Documents. This Agreementshall consist of this contract.
ARTICLE II
SCOPE OF BASIC SERVICES
2.1 SCOPE OF SERVICES
The CONTRACTOR’S Scope of Services consist of those described in Attachment A to
this Agreement.
By executing this Agreement, the CONTRACTOR acknowledges that it has thoroughly
reviewed the documents incorporated in this Agreement and that it accepts the scope of
services to be performed and the conditions under which the work shall be performed.
2.2 NOTICE REQUIREMENT
Allwritten correspondence to the COUNTY shall be dated and email isanacceptable form
of communication. Any notice required or permitted under this agreement shall be in
writing and hand delivered or mailed, postage pre-paid, to the COUNTY by certified mail,
return receipt requested, to the following:
Tina Boan
Assistant County Administrator
1100 Simonton St., Suite 2-213
Key West, FL 33040
With a copy to:
Monroe County Attorney's Office
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th
1111 12St. Suite 408
Key West, FL 33040
For the CONTRACTOR:
Fair Insurance Rates for
Monroe
1200 Fourth St. PMB 850
Key West, FL 33040
ARTICLE III
INDEMNIFICATION ANDHOLD HARMLESS
3.1 The CONTRACTOR covenants and agrees to indemnify and hold harmless
COUNTY/Monroe County and Monroe County Board of County Commissioners, its
officers and employees from any liabilities, damages, losses and costs, including but not
limited to, reasonable attorneys’ fees, in the performance of the contract. The extent of
liability is in no way limited to, reduced, or lessened by the insurance requirements
contained elsewhere within this agreement.
3.2 In the event the completion of the project (to include the work of others) is delayed or
suspended as a result of the CONTRACTOR’S failure to purchase or maintain the required
insurance, the CONTRACTOR shall indemnify COUNTY from any and all increased
expenses resulting from such delays.
This indemnification shall survive the expiration or early termination of the Agreement.
ARTICLE IV
COMPENSATION and TERM
4.1 The COUNTY shall pay the CONTRACTOR a not-to-exceed amount of $50,000. This is all-
inclusive, and no charge for travel, telephone bills, copying or any other relatedfees or expensesshall
be billed.
4.2 PAYMENTS
4.2.1 For its assumption and performances of the duties, obligations and responsibilities set
forth herein, the CONTRACTOR shall be paid annually. Payment will be made pursuant
to the Local Government Prompt Payment Act 218.70, Florida Statutes.
4.2.2 As a condition precedent for any payment due under this Agreement, the CONTRACTOR
shall submit a proper invoice to COUNTY requesting payment for services properly
rendered.
4.3 BUDGET ANDREIMBURSEABLE EXPENSES
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4.3.1 The CONTRACTOR may not beentitledto receive, andthe COUNTY is not obligated to
pay, any fees or expenses in excess of the amount stated for this contract.
4.3.2 The COUNTY’s performance and obligation to pay under this Agreement is contingent
upon an annual appropriation by the Board of County Commissioners and the approval of
the Board members at the time of contract initiation and its duration.
4.3.3 It is anticipated that no reimbursable expenses will be incurred by the CONTRACTOR.
Expenses will only be reimbursed if authorized by the County in writing in advance and to
the extent and in the amount authorized by Section 112.061, Florida Statutes and the
Monroe County Code of Ordinances.
4.4 TERM OF AGREEMENT
4.4.1 The Term of the Agreement is for the Fiscal year 2025 ending on 9/30/25. Any extension of
the Term of this Agreement must be in writing and signed by both the COUNTY and
CONTRACTOR.
ARTICLE V
MISCELLANEOUS
5.1 SECTION HEADINGS
Section headings have been inserted in this Agreement as a matter of convenience of
reference only, andit is agreedthat such section headings are notapart of this Agreement
and will not be used in the interpretation of any provision of this Agreement.
5.2 SUCCESSORS AND ASSIGNS
The CONTRACTOR 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 for Monroe County and the CONTRACTOR, 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 orsubcontractorshallcomply withall of the provisions of this agreement. Subject
to the provisions of the immediately preceding sentence, each party hereto binds itself, its
successors, assigns and legal representatives to the other and to the successors, assigns and
legal representatives of such other party.
5.3 NO THIRD-PARTY BENEFICIARIES
Nothing contained herein shall create any relationship, contractual or otherwise, with or
any rights in favor of, any third party.
5.4 TERMINATION
A. In the event the CONTRACTOR shall be found to be negligent in any aspect of service,
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the COUNTY shall have the right to terminate this agreement after five days written
notification to the CONTRACTOR.
B.Either of the parties hereto may cancel this Agreement without cause by giving the
other party sixty (60) days written notice of its intention to do so.
C. Termination for Cause and Remedies: In theevent ofbreach of any contract terms, the
COUNTY retains the right to terminate this Agreement. The COUNTY may also
terminate this agreement for cause with CONTRACTOR should CONTRACTOR fail
to perform the covenants herein contained at the time and in the manner herein
provided. In the event of such termination, prior to termination, the COUNTY shall
provide CONTRACTOR with five (5) calendar days’ notice and provide the
CONTRACTOR with an opportunity to cure the breach that has occurred. If the breach
is not cured, the Agreement will be terminated for cause.If the COUNTY terminates
this agreement with the CONTRACTOR, COUNTY shall pay CONTRACTOR the
sum due the CONTRACTOR underthis agreement prior to termination, unless the cost
of completion to the COUNTY exceeds the funds remaining in the contract; however,
the COUNTY reserves the right to assert and seek an offset for damages caused by the
breach. The maximum amount due to CONTRACTOR shall not in any event exceed
$50,000.00. In addition, the COUNTY reserves all rights available to recoup monies
paid under this Agreement, including the right to sue for breach of contract and
including the right to pursue a claim for violation of the COUNTY’s False Claims
Ordinance, located at Section 2-721 et al. of the Monroe County Code.
D. Termination for Convenience: The COUNTY may terminate this Agreement for
convenience, at any time, upon sixty (60) days’ notice to CONTRACTOR. If the
COUNTY terminates this agreement with the CONTRACTOR, COUNTY shall pay
CONTRACTOR the sum due the CONTRACTOR under this agreement prior to
termination, unless the sum due the CONTRACTOR exceeds $50,000.00. The
maximum amount due to CONTRACTOR shall not exceed $50,000.00. In addition,
the COUNTY reserves all rights available torecoup monies paid under this Agreement,
including the right to sue for breach of contract and including the right to pursue a claim
for violation of the COUNTY’s False Claims Ordinance, located at Section 2-721 et al.
of the Monroe County Code.
E. For Contracts of any amount, if the County determines that the Contractor has
submitted a false certification under Section 287.135(5), Florida Statutes or has been
placed on the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott
of Israel, the County shall have the option of (1) terminating the Agreement after it has
given the Contractor written notice and an opportunity to demonstrate the agency’s
determination of false certification was in error pursuant to Section 287.135(5)(a),
Florida Statutes, or (2) maintaining the Agreement if the conditions of Section
287.135(4), Florida Statutes, are met.
F. For Contracts of $1,000,000 or more, if the County determines that the Contractor
submitted a false certification under Section 287.135(5), Florida Statutes, or if the
Contractor has been placed on the Scrutinized Companies with Activities in the Sudan
List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector
List, or been engaged in business operations in Cuba or Syria, the County shall have the
option of (1) terminating the Agreement after it has given the Contractor written notice
and an opportunity to demonstrate the agency’s determination of false certificationwas
in error pursuant to Section 287.135(5)(a), Florida Statutes, or (2) maintaining the
Agreement if the conditions of Section 287.135(4), Florida Statutes, are met.
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5.4 PUBLICENTITIES CRIMES
A person or affiliate who has been placed on the convicted vendor list following a
conviction for public entity crime may not submit a bid on contracts to provide any goods
or services to a public entity, may not submit a bid on a contract with a public entity for
the construction or repair of a public building or public work, may not submit bids on leases
of real property to public entity, may not be awarded or perform work as a contractor,
supplier, subcontractor, or CONTRACTOR under a contract with any public entity, and
may not transact business with any public entity in excess of the threshold amount provided
in Section 287.017 of the Florida Statutes, for CATEGORY TWO for a period of 36
months from the date of being placed on the convicted vendor list.
By signing this Agreement, CONTRACTOR represents that the execution of this
Agreement will not violate the Public Entity Crimes Act (Section 287.133, Florida
Statutes). Violation of this section shall result in termination of this Agreement and
recovery of all monies paid hereto, and may result in debarment from COUNTY’s
competitive procurement activities.
In addition to the foregoing, CONTRACTOR further represents that there has been no
determination,based on an audit, thatit or any subcontractor has committedan act defined
by Section 287.133, Florida Statutes, as a “public entity crime” and that it has not been
formally charged with committing an act defined as a “public entity crime” regardless of
the amount of money involved or whether CONTRACTOR has been placed on the
convicted vendor list.
CONTRACTOR will promptly notify the COUNTY if it or any subcontractor is
formally charged with an actdefined as a “publicentity crime” or has been placed on
the convicted vendor list.
5.5 MAINTENANCE OF RECORDS
CONTRACTOR shall maintain all books, records, and documents directly pertinent to
performance under this Agreement in accordance with generally accepted accounting
principles consistently applied. Records shall be retained for a period of five years from
the final payment or termination of this agreement. Each party to this Agreement or its
authorized representatives shall have reasonable and timely access to such records of each
other party to this Agreement for public records purposes during the term of the Agreement
and for five years following the final payment or termination of this Agreement. If an
auditor employed by the COUNTY or Monroe County Clerk of Court and Comptroller
determinesthat monies paidtoCONTRACTOR pursuant tothisAgreementwere spent for
purposes not authorized by this Agreement, or were wrongfully retained by the
CONTRACTOR, the CONTRACTOR shall repay the monies together with interest
calculated pursuant to Sec. 55.03, of the Florida Statutes, running from the date the monies
were paid by the COUNTY.
5.6 GOVERNINGLAW,VENUE, INTERPRETATION,COSTS, AND FEES
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This Agreement shall be governed by and construed in accordance with the laws of the
State of Florida applicable to contracts made and to be performed entirely in the State. In
the event that any cause of action or administrative proceeding is instituted for the
enforcement or interpretation of this Agreement, COUNTY and CONTRACTOR agree
th
that venue shalllie inthe 16Judicial Circuit, Monroe County, Florida,in the appropriate
court or before the appropriate administrative body. This agreement shall not be subject to
arbitration. Mediation proceedings initiated and conducted pursuant to this Agreement
shall be in accordance with the Florida Rules of Civil Procedure and usual and customary
procedures required by the circuit court of Monroe County.
5.7 SEVERABILITY
If
any term, covenant, condition or provision of this Agreement (or the application thereof
toanycircumstanceor person) shall be declared invalid or unenforceable toanyextent by
a court of competent jurisdiction, the remaining terms, covenants, conditions and
provisions of this Agreement, shall not be affected thereby; and each remaining term,
covenant, condition and provision of this Agreement shall be valid and shall be enforceable
to the fullest extent permitted by law unless the enforcement of the remaining terms,
covenants, conditions and provisions of this Agreement would prevent the accomplishment
of the original intent of this Agreement. The COUNTY and CONTRACTOR 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.
5.8 ATTORNEY’S FEES AND COSTS
The COUNTY and CONTRACTOR agree that in the event any cause of action or
administrative proceeding is initiated or defended by any party relative to the enforcement
or interpretation of this Agreement, the prevailing party shall be entitledto reasonable
attorney’s fees, court costs, investigative, and out-of-pocket expenses, as an award against
the non-prevailing party, and shall include attorney’s fees, courts costs, investigative, and
out-of-pocket expenses in appellate proceedings.
5.9 BINDING EFFECT
The terms, covenants, conditions, and provisions of this Agreementshall bind and inure to
the benefit of the COUNTY and CONTRACTOR and their respective legal
representatives, successors, and assigns.
5.10 AUTHORITY
Each party represents and warrants to the other that the execution, delivery and
performance of this Agreement have been duly authorized by all necessary County and
corporate action, as required by law.
5.11 CLAIMS FOR FEDERALOR STATE AID
CONTRACTOR and COUNTY agree that each shall be, and is, empowered to apply for,
seek,and obtain federal and state funds to further the purpose of this Agreement. Any
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conditions imposed as a result of funding that affect this Agreement will be provided to
each party.
5.12 ADJUDICATION OF DISPUTES OR DISAGREEMENTS
COUNTY and CONTRACTOR agree that all disputes and disagreements shall be
attempted to be resolved by meet and confer sessions between representatives of each of
the parties. If the issue or issues are still not resolved to the satisfaction of the parties, then
any party shall have the right to seek such relief or remedy as may be provided by this
Agreement or by Florida law. This Agreement is not subject to arbitration. This provision
does not negate or waive the provisions concerning termination or cancellation. Each party
hereby irrevocably waives its right to trial byjury in any action or proceeding arising out of
this agreement.
5.13 COOPERATION
In the event any administrative or legal proceeding is instituted against either party relating
to the formation, execution, performance, or breach of this Agreement, COUNTY and
CONTRACTOR agree to participate, to the extent required by the other party and at the
other party’s sole expense, in all proceedings, hearings, processes, meetings, and other
activities relatedto thesubstance of this Agreement or provision of theservicesunderthis
Agreement.COUNTY and CONTRACTOR specifically agree that no party to this
Agreement shall be required to enter into any arbitration proceedings related to this
Agreement.
5.14 NONDISCRIMINATION
CONTRACTOR and COUNTY agree that there will be no discrimination against any
person, and it is expressly understood that upon a determination by a court of competent
jurisdiction that discrimination has occurred, this Agreement automatically terminates
without any further action on the part of any party, effective the date of the court order.
CONTRACTOR or COUNTY agrees tocomplywithall Federal andFlorida statutes, and
all local ordinances, as applicable, relating tonondiscrimination. These include butare not
limited to: 1) Title VII 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), whichprohibits
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 disabilities; 4)
The Age Discrimination Act of1975, asamended (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 anddrug abuse
patient 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
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Americans with DisabilitiesAct of 1990 (42 USC s. 12101 Note), as may be amended from
time to time, relating to nondiscrimination on the basis of disability; 10) Monroe County
Code Chapter 14, Article II, which prohibits discrimination on the basis of race, color, sex,
religion, national origin, ancestry, sexual orientation, gender identity or expression,
familial status or age; 11) Any other nondiscrimination provisions in any Federal or state
statutes which may apply to the parties to, or the subject matter of, this Agreement.
5.15 COVENANT OF NO INTEREST
CONTRACTOR and COUNTY covenant that neither presently has any interest, and shall
not acquire any interest, which would conflict in any manner or degree with its performance
under this Agreement, and that only interest of each is to perform and receive benefits as
recited in this Agreement.
5.16 CODE OF ETHICS
COUNTY agrees that officers and employees of the COUNTY recognize and will be
required to comply with the standards of conduct for public officers and employees as
delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation
or acceptance of gifts; doing business with one’s agency; unauthorized compensation;
misuse of public position, conflicting employment or contractual relationship; and
disclosure or use of certain information. In accordance with Section 5 (b) Monroe
County Ordinance No. 010-1990, CONTRACTOR warrants that he/it had not
employed, retained or otherwise had act on his/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. 020-1990. For breach or
violation of this provision the County may, in its discretion, terminate this contract without
liability and may also, in its discretion, deduct from the contract or purchase price, or
otherwise recover the full amount of any fee, commission, percentage, gift, or
consideration paid to the former County officer or employee.”
5.17 NO SOLICITATION/PAYMENT
The CONTRACTOR and COUNTY warrant that, in respect to itself, it has neither
employed nor retained any company or person, other than a bona fide employee working
solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay
any person, company, corporation, individual, or firm, other than a bona fide employee
working solely for it, any fee, commission, percentage, gift, or other consideration
contingent upon or resulting from the award or making of this Agreement. For the breach
or violation of the provision, the CONTRACTOR agrees that the COUNTY shall have the
right to terminate this Agreement without liability and, at its discretion, to offset from
monies owed, or otherwise recover, the full amount of such fee, commission, percentage,
gift, or consideration.
5.18 PUBLIC ACCESS.
Public Records Compliance. CONTRACTOR must comply with Florida public records
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laws, including but not limitedto Chapter 119, Florida Statutes and Section 24 of article I
of the Constitution of Florida. The County and CONTRACTOR shall allow and permit
reasonable access to, and inspection of, all documents, records, papers, letters or other
“public record” materials in its possession or under its control subject to the provisions of
Chapter 119, Florida Statutes, and made or received by the County and CONTRACTOR
in conjunction with this contract and related to contract performance. The County shall
have the right to unilaterally cancel this contract upon violation of this provision by the
CONTRACTOR. Failure of the CONTRACTOR to abide by the terms of this provision
shall be deemed a material breach of this contract and the County may enforce the terms
of this provision in the form of a court proceeding and shall, as a prevailing party, be
entitled to reimbursement of all attorney’s fees and costs associated with that proceeding.
This provision shall survive any termination or expiration of the contract.
5.19 NON-WAIVER OF IMMUNITY
Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the
CONTRACTOR and the COUNTY in this Agreement and the acquisition of any
commercial liability insurance coverage, self-insurance coverage, or local government
liability insurance pool coverage shall not be deemed a waiver of immunity to the extent
of liability coverage, nor shall any contract entered into by the COUNTY be required to
contain any provision for waiver.
5.20 PRIVILEGES AND IMMUNITIES
All of the privileges and immunities from liability, exemptions from laws, ordinances, and
rules and pensions and relief, disability, workers’ compensation, and other benefits which
apply to the activity of officers, agents, or employees of any public agents or employees of
the COUNTY, when performing their respective functions under this Agreement within
the territorial limits of the COUNTY shall apply to the same degree and extent to the
performance of such functions and duties of such officers, agents, volunteers, or employees
outside the territorial limits of the COUNTY.
5.21 LEGAL OBLIGATIONS AND RESPONSIBILITIES
Non-Delegation of Constitutional or Statutory Duties. This Agreement is not intended to,
nor shall it be construed as, relieving any participating entity from any obligation or
responsibility imposed upon the entity by law except to the extent of actual and timely
performance thereof by any participating entity, in which case the performance may be
offered in satisfaction of the obligation or responsibility. Further, this Agreement is not
intended to, nor shall it be construed as, authorizing the delegation of the constitutional or
statutory duties of the COUNTY, except to the extent permitted by the Florida constitution,
state statute, and case law.
5.22 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 to or
benefit of any service or program contemplated hereunder, and the CONTRACTOR and
the COUNTY agree that neither the CONTRACTOR nor the COUNTY or any agent,
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officer, or employee of either shall have the authority to inform, counsel, or otherwise
indicate that any particular individual or group of individuals, entity or entities, have
entitlements or benefits under thisAgreement separate and apart, inferior to, or superior to
the community in general or for the purposes contemplated in this Agreement.
5.23 ATTESTATIONS AND TRUTHIN NEGOTIATION
CONTRACTORagrees to execute such documents as COUNTY may reasonably require,
including , an Ethics Statement, and Non-Collusion Affidavit. Signature of this Agreement
by CONTRACTOR shall act as the execution of a truth in negotiation certificate stating
that wage rates and other factual unit costs supporting the compensation pursuant to the
Agreement are accurate, complete, and
current at the time of contracting. The original contract fee and any additions thereto shall
be adjusted to exclude any significant sums by which the agency determines the contract
price was increased due to inaccurate, incomplete, or concurrent wage rates and other
factual unit costs. All such adjustments must be made within one year following the end of
the Agreement.
5.24 NOPERSONAL LIABILITY
No covenant or agreement containedherein shall be deemed to be a covenant or agreement
of any member, officer, agent or employee of Monroe County in his or her individual
capacity, and no member, officer, agent or employee of Monroe County shall be liable
personally on this Agreement or be subject to any personal liability or accountability by
reason of the execution of this Agreement.
5.25 EXECUTION IN COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which shall be
regarded as an original, all of which taken together shall constitute one and the same
instrument and any of the parties hereto may execute this Agreement by signing any such
counterpart.
5.26 E-VERIFY SYSTEM
In accordance with F.S. 448.095, the Contractor and any subcontractor shall register
with and shall utilize the U.S. Department of Homeland Security’s E-Verify system to
verify the work authorization status of all new employees hired by the Contractor during
the term of the Contract andshallexpresslyrequire any subcontractors performing work
or providing services pursuant to the Contract to likewise utilize the U.S. Department of
Homeland Security’s E-Verify system to verify the work authorization status of all new
employees hired by the subcontractor during the Contract term. Any subcontractor shall
provide an affidavit stating that the subcontractor does not employ, contract with, or
subcontract withan unauthorized alien.The Contractor shall comply with and be subject
to the provisions of F.S. 448.095.
5.27UNCONTROLLABLECIRCUMSTANCE
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Anydelay or failure of eitherPartyto perform its obligationsunderthisAgreement willbe
excused to the extent that the delayorfailurewas caused directly by an event beyond such
Party's control, without such Party's fault or negligence and that by its nature could not
have been foreseen by such Party or, if it could have been foreseen, was unavoidable: (a)
acts of God; (b) flood, fire, earthquake, explosion, tropical storm, hurricane or other
declared emergency in the geographic area of the Scope of Services; (c) war, invasion,
hostilities (whether war is declared or not), terrorist threats oracts,riot, or other civil unrest
in the geographic area of the Scope of Services; (d) government order or law in the
geographic area of the Scope of Services; (e) actions, embargoes, or blockades in effect on
or after the date of this Agreement; (f) action by any governmental authority prohibiting
work in the geographic area of the Scope of Services;(each, a "Uncontrollable
Circumstance"). CONTRACTOR’S financial inability to perform, changes in cost or
availabilityofmaterials, components, or services, market conditions, or supplier actions or
contract disputes will not excuse performance byContractor under this Section. Contractor
shall give County written notice within 7 days of any event or circumstance that is
reasonably likely to result in an Uncontrollable Circumstance, and the anticipated duration
of such Uncontrollable Circumstance. Contractor shall use all diligent efforts to end the
Uncontrollable Circumstance,ensurethat the effects of any Uncontrollable Circumstance
are minimized and resume full performance under this Agreement. The County will not
payadditional cost as a result of an Uncontrollable Circumstance. The Contractor may only
seek a no cost extension for such reasonable time as the Owners Representative may
determine.
5.28 COUNTY FORMS
By signing this Agreement, CONTRACTOR has sworn or affirmed to the following
requirements as set forth inthe EthicsStatementand non-collusion affidavit, as set forthin
more detail in this Agreement.
Ethics Clause
By signing this Agreement, the CONTRACTOR warrants that he/it has not employed,
retained or otherwise had act on his/her behalf any former County officer or employee in
violation of Section 2 of Ordinance No. 010-1990 or any County officer or employee in
violationofSection 3 of Ordinance No. 010-1990. For breach orviolation of this provision
the County may, in its discretion, terminate this Agreement without liability and may also,
in its discretion, deduct from the Agreement or purchase price, or otherwise recover, the
full amount of any fee, commission, percentage, gift, or consideration paid to the former
County officer or employee.
Non-CollusionAffidavit
CONTRACTOR by signing this Agreement, according to law on my oath, and under
penalty of perjury, depose and say that the person signing on behalf of the firm of
CONTRACTOR, the biddermaking the Proposal for the project described in the Scope of
Work and that I executed the said proposal with full authority to do so; the prices in this
bid have been arrived at independently without collusion, consultation, communication or
agreement for the purpose of restricting competition, as to any matter relating to such prices
with any other bidder or with any competitor; unless otherwise required by law, the prices
which have been quoted in this bid have not been knowingly disclosed by the bidder and
will not knowingly be disclosed by the bidder prior to bid opening, directly or indirectly,
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to any otherbidder or to any competitor; andnoattempt has been made or willbe madeby
the bidder to induce any other person, partnership or corporation to submit, or not to submit,
a bid for the purpose of restricting competition; the statements contained in this affidavit
are true and correct, and made with full knowledge that Monroe County relies upon the
truth of the statements contained in this affidavit in awarding contracts for said project.
IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its
duly authorized representative on the day and year first above written.
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Attachment A-ScopeofServices
The CONTRACTOR will perform thefollowing services:
Advocate for fair,equitableand affordable property insurance rates for homeowners, residents andbusiness
owners of Monroe County.
Prepare and present an annual PowerPoint presentation to the Board of County Commissioners detailing the
actions taken by FIRM to reduce property insurance costs for citizens of Monroe County duringthe current fiscal
year. Year-over-year comparisons of insurance costs will be provided in this presentation along with future
expectations for property insurance rates in Monroe County.
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