HomeMy WebLinkAbout06/10/2026 Agreement GVS COURTq c
o: A Kevin Madok, CPA
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�o ........ � Clerk of the Circuit Court& Comptroller Monroe County, Florida
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DATE: June 22, 2026
TO: Lisa Tennyson, Director
Legislative Affairs & Grants Acquisition
FROM: Liz Yongue, Deputy Clerk
SUBJECT: June 10, 2025 BOCC Meeting
The following item has been executed and added to the record:
S9 Agreement with Thorn Run Partners (Greg Burns)for federal lobbying services
on behalf of Monroe County.
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 FOR
LOBBYING SERVICES
Between
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
And
THORN RUN PARTNERS, LLC
THIS AGREEMENT, made and entered into this I Oh day of June 2026, by and between
Monroe COUNTY(hereinafter referred to as "COUNTY"), a political subdivision of the State of
Florida, through the Monroe County Board of County Commissioners ("BOCC"), whose address
is 1100 Simonton Street, Key West, Florida 33040, and Thorn Run Partners, LLC. (hereinafter
referred to as "LOBBYIST"), a corporation authorized to do business in the State of Florida, whose
address is 100 M Street SE, Suite 750, Washington DC 20003;
WHEREAS, the COUNTY desires to employ the professional services of LOBBYIST, for
federal legislative and lobbying services assigned by the County Administrator and Legislative Affairs
Director and agreed to by LOBBYIST; and
WHEREAS, LOBBYIST has agreed to provide professional services for federal legislative
and lobbying services as assigned by the County Administrator and agreed to by LOBBYIST; and
NOW, THEREFORE, in consideration of the mutual promises, covenants and
agreements stated herein, and for other good and valuable consideration, the sufficiency of which
is hereby acknowledged, COUNTY and LOBBYIST agree as follows:
1. TERM OF AGREEMENT. This agreement shall be effective upon approval and the
agreement shall continue for a period of 1 year, beginning June 1, 2026. The County shall
have the option to renew the agreement after the original terms, subject to performance by
the LOBBYIST and the availability of County funds.
2. COMPENSATION. The County, in consideration of the LOBBYIST satisfactorily
performing services, shall pay the LOBBYIST a total of $80,000 (Eighty Thousand
Dollars).
3. SCOPE OF SERVICES. The LOBBYIST shall provide the following services:
3.1: Federal Agenda and Lobbying. Provide legislative and lobbying services at the
federal level to assist Monroe County in developing and implementing a comprehensive
Federal Legislative Program. Meet regularly and work collaboratively with County
Legislative Director (and any staff as necessary) to identify the County's goals, priorities,
and specific projects; determine which can be advanced at the federal level; and assist in
developing written materials on each priority and project for distribution to congressional
staff, committee staff, and federal agency personnel. Develop and implement strategies for
the County to support, oppose, or seek amendment of such measures as they relate to the
County's federal legislative program and priorities. Directly advocate with congressional
members, relevant committees and subcommittees, the executive branch, and federal
agencies in support of the County's goals, priorities, and specific projects. Prepare and
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submit formal comments, letters, and testimony as appropriate. Advise on comment
opportunities and coordinate County input into agency rulemaking as appropriate.
3.2: Federal Monitoring&Reporting. Monitor and evaluate pending and proposed federal
legislation and regulatory actions, the federal budget and appropriations process, federal
agency rulemaking and regulatory actions, congressional committee activity, executive
branch initiatives, agency hearings, and other relevant federal proceedings.. Proactively
report to the County, both verbally and in writing, any new information, legislative
developments, or federal actions that may directly or indirectly affect the County. Advise
and recommend courses of action.
3.3: Congressional Delegation Engagement & Agency Outreach. Maintain regular
communication with Monroe County's Congressional delegation to build and sustain their
support for the County's federal agenda and ensure the delegation is actively engaged on
the County's behalf. As needed, identify other relevant congressional members, committee
leadership, staff, and federal agency officials relevant to the County's issues and priorities.
Draft and review appropriate correspondence on behalf of the County; schedule and
facilitate briefings and meetings between County officials and congressional leaders,
committee staff, executive branch representatives, and agency officials; and prepare
County officials with relevant talking points and background materials in advance of such
meetings. Represent the County and the Board of County Commissioners as necessary with
congressional members, federal agencies, and other federal bodies and in legislative
hearings, briefings, mark-up sessions, and other relevant proceedings related to the
County's federal priorities.
3.4: Federal Funding&Appropriations Assistance. Provide timely information on federal
funding and appropriations opportunities, including earmarks/community project funding,
existing and new grant programs, and supplemental appropriations. Prepare and submit
earmark requests in consultation with County staff. Review federal grant applications and
supporting documentation to maximize competitiveness. Help align congressional and
agency support for the County's funding requests
3.5: Technical Support. Work closely with County staff to research current federal issues
relevant to the County; provide background information, policy analysis, and summaries
of federal actions; and support staff in understanding and responding to federal
developments that affect County operations, programs, or funding. Provide technical
assistance and expert guidance to County staff on the preparation of correspondence,
reports, grant applications, comment letters, and other materials related to the County's
federal issues and priorities. Review drafts and advise on messaging, accuracy, and
strategic framing.
3.6: Intergovernmental Coordination. Regularly review the legislative and policy
positions adopted by the Florida Association of Counties (FAC), the National Association
of Counties (NACo), and other relevant intergovernmental and lobbying organizations to
identify federal issues that may positively or negatively affect the County. Advise the
County on opportunities to align with or diverge from these positions as appropriate to
Monroe County's federal priorities and unique needs. Where relevant, identify
opportunities for coalition-building with other counties, municipalities, regional
organizations, and national associations that share the County's federal legislative interests.
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Facilitate coordination with such entities to amplify advocacy efforts and build broader
support for the County's priorities.
3.7: Reporting & Communication. Provide written monthly activity reports and periodic
updates to the County detailing advocacy activities, pending and enacted legislation,
briefings and meetings held, and issues of interest or concern to the County. Reports shall
identify,where possible, specific legislation by bill number and title,the names of contacts
made, and the County legislative priority each activity relates to, as well as foreseeable
legislation, regulations, or rulings that may affect the County. Participate in weekly
conference calls with County staff. Present a comprehensive annual report to the Board of
County Commissioners in Monroe County, Florida.
3.8: Washington,D.C. Office Space. Provide office space in Washington,D.C. for County
staff use during visits to meet with congressional members, agency officials, or other
federal representatives.
4. REPRESENTATIONS AND WARRANTIES. By executing this Agreement,
LOBBYIST makes the following express representations and warranties to the COUNTY,
each of which shall be true and correct as of the effective date of this Agreement and shall
survive the termination or expiration of this Agreement:
4.1: Qualifications. LOBBYIST is professionally qualified to perform the services
described in the Scope of Services and holds all licenses, certifications, and authorizations
required by any public entity having jurisdiction over LOBBYIST or the services to be
performed. LOBBYIST represents that it has the requisite expertise, experience, and
capacity to fulfill all obligations under this Agreement. LOBBYIST shall maintain,
throughout the term of this Agreement, all licenses, permits, registrations, and
authorizations necessary to perform the services.
4.2: Familiarity with County Priorities. LOBBYIST has familiarized itself with Monroe
County's legislative issues, priorities, goals, and relevant federal funding needs, and
acknowledges that such familiarity is a material basis for the COUNTY's engagement of
LOBBYIST under this Agreement. LOBBYIST shall maintain and update this familiarity
throughout the term of the Agreement.
4.3: Accuracy & Adequacy of Work Product. All documents, reports, correspondence,
applications, and other work product prepared by LOBBYIST under this Agreement shall
be accurate, complete, properly coordinated, and adequate for their intended purpose. All
such work product shall conform to and comply with all applicable federal, state, and local
laws, codes, and regulations. Documents requiring COUNTY approval shall be reviewed
by the County Attorney or designee prior to submission to the Board of County
Commissioners (BOCC). LOBBYIST warrants that its work product shall be sufficient to
accomplish the Scope of Services, and LOBBYIST shall bear any additional cost resulting
from errors, omissions, or deficiencies in LOBBYIST's work product without additional
compensation from the COUNTY.
4.4: Responsibility for Performance. LOBBYIST assumes full responsibility,to the extent
permitted by law, for its own performance and the performance of all persons, employees,
and subcontractors directly employed or engaged by LOBBYIST in connection with this
Agreement.
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4.5: Professional Standard of Care. LOBBYIST's services shall as expeditiously as is
consistent with such professional standards and the orderly progress of the Scope of
Services, and in a manner designed to advance the COUNTY's federal legislative priorities
in a timely and effective manner.
4.6: Independent Contractor Status. LOBBYIST is an independent contractor under this
Agreement. Neither LOBBYIST nor any of its employees, agents, officers, or
subcontractors shall be deemed officers, employees, or agents of the COUNTY, nor shall
any of them be entitled to any rights or benefits accorded to COUNTY employees,
4.7: Correction of Errors & Deficiencies. LOBBYIST shall, without additional
compensation, promptly correct any errors, omissions, deficiencies, inaccuracies, or
conflicts in the work product of LOBBYIST or its subcontractors upon identification by
the COUNTY or upon LOBBYIST's own discovery.
5. COUNTY'S RESPONSIBILITIES. COUNTY shall provide information in its
possession upon request from LOBBYIST as needed for the Project including objectives,
schedule, constraints and criteria. COUNTY shall designate a representative to act on the
COUNTY'S behalf with respect to the Project. The COUNTY or its representative shall
render decisions in a timely manner pertaining to documents submitted by the LOBBYIST
in order to avoid unreasonable delay in the orderly and sequential progress of the
LOBBYIST'S services. Prompt written notice shall be given by COUNTY through its
representative to LOBBYIST if COUNTY becomes aware of any fault or defect in the
Project or non-conformance with the Agreement Documents. Any information that may be
of assistance to the LOBBYIST to which the COUNTY has immediate access will be
provided as requested.
6. WRITTEN NOTICE. Any notices under this Agreement sent by the parties shall be
deemed to have been duly served if delivered in person to the individuals and addresses
listed below, or if delivered or sent by first class mail, certified,return receipt, or by courier
with proof of delivery.
6.1: All written correspondence to the COUNTY shall be dated and signed by an authorized
representative of the LOBBYIST. The correspondence shall be directed to:
Christine Hurley, County Administrator,
and Lisa Tennyson, Director of Legislative Affairs
1100 Simonton Street
Key West, Florida 33040
With a copy to:
Bob Shillinger, County Attorney
1111 12'h Street, Suite 408
Key West, FL 33040
6.2: Notice to the LOBBYIST shall be delivered to:
Greg Burns, Thorn Run Partners
100M Street SE, Suite 750
Washington, DC 20003
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7. CONFLICT OF INTEREST. LOBBYIST agrees it shall not contract for or accept
employment for the performance of any work or service with any individual, business
corporation, or government unit that would create a conflict of interest in the performance
of its obligations under this Agreement. LOBBYIST further agrees it will neither take any
action nor engage in any conduct that would cause any County employee or official to
violate the provisions of Chapter 112, Florida Statutes, relating to ethics in government.
7.1 No LOBBYIST under contract with the county shall engage in any employment or
contractual relationship with any entity, which employment or contractual relationship
would or could be adverse to the COUNTY or which would or could interfere with the
LOBBYIST's work on behalf of the COUNTY. Such relationship includes, but is not
limited to, representing a client whose interest is currently in opposition to the interest
of the COUNTY; serving as a consulting or testifying as an expert witness in litigation
against the county; representing persons or entities before any board or agency of the
county; or any other contractual relationship of whatever kind or nature in which the
consultant uses his professional expertise or provides professional services in such a
manner that a different person or entity benefits at the expense of the COUNTY in a
given transaction between other person or entity in the county.
A position in opposition to a County position may take the form of an adverse policy
position or fiscal impact on the County, either direct or indirect. A position in
opposition to a County position is not limited to a position that conflicts with an express
provision of the legislative package adopted by the Board of County Commissioners.
It may also arise in other areas. Not every County interest can be anticipated or
enumerated in the County's legislative package, and issues arise and change over the
course of the legislative process. It is incumbent on the LOBBYISTS to remain mindful
of the County policy and fiscal interests and positions vis-a-vis other clients.
7.3 If actual or perceived conflict arises, the LOBBYIST must advise the County
Administrator immediately in writing, provide sufficient information concerning the
conflict, and seek a waiver of the conflict. The County Administrator shall report the
conflict to the Board of County Commissioners.
Once a conflict waiver request has been received by the County, the County
Administrator, in consultation with the County Attorney may take any action regarding
the waiver request, including by not limited to the following: 1) allow a waiver and
allow the LOBBYIST to continue to represent both the County and the other party; 2)
disallow a waiver and require the LOBBYIST to choose between representing the
County or the other party, or to discontinue representing the other party; 3) allow a
limited waiver and require the LOBBYIST to continue to represent both the County
and the other parry under whatever limitations or restrictions the County Administrator,
in consultation with the County Attorney, determines to be appropriate. Any such
actions by the County Administrator shall only be effective until the Board of County
Commissioners has considered the conflict action.
The Board of County Commissioners may take any action necessary, such as
termination or waiver or partial waiver, to address the conflict of interest disclosed by
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the LOBBYIST.Waiver of any conflict of interest or termination of this Agreement
is expressly reserved to the Board.
8. INSURANCE. The LOBBYIST shall provide proof of insurance showing that County is
an additional insured on all policies except workers' compensation and shall maintain the
required insurance at all times that this Agreement is in effect. In the event the completion
of the scope of services (to include the work of others) is delayed or suspended as a result
of the LOBBYIST'S failure to purchase or maintain the required insurance, the
LOBBYIST shall indemnify the COUNTY from any and all increased expenses resulting
from such delay.
8.1: The coverage provided herein shall be provided by an insurer with an A.M. Best
Rating of VI or better, that is licensed to business in the State of Florida and that has
an agent for service of process within the State of Florida. The coverage shall contain
an endorsement providing sixty (60) days' notice to the COUNTY prior to any
cancellation of said coverage. Said coverage shall be written by an insurer acceptable
to the COUNTY and shall be in a form acceptable to the COUNTY.
8.2: LOBBYIST shall obtain and maintain the following policies:
A. Workers' Compensation insurance as required by the State of Florida.
B. Comprehensive business automobile and vehicle liability insurance covering
claims for injuries to members of the public and/or damages to property of others
arising from use of motor vehicles, including onsite and offsite operations, and
owned, hired or non-owned vehicles, with One Hundred Thousand Dollars
($100,000) combined single limit. If split limits are provided, the minimum
limits acceptable shall be: Fifty Thousand Dollars ($50,000) per person, One
Hundred Thousand Dollars ($100,000) per occurrence, and Twenty Five
Thousand Dollars ($25,000)property damage.
C. Commercial general liability covering claims for injuries to members of the
public or damage to property of others arising out of any covered act or omission
of the LOBBYIST or any of its employees, or agents , including Premises and/or
Operations, Products and Completed operations, personal injury liability, and
expanded definition of property damage. The minimum limits acceptable shall
be: Three Hundred Thousand Dollars($300,000)Combined Single Limit(CSL).
If split limits are provided,the minimum limits acceptable shall be: One Hundred
Thousand Dollars ($100,000) per person, Three Hundred Thousand Dollars
($300,000) per occurrence, and Fifty Thousand Dollars ($50,000) property
damage. An occurrence Form Policy is preferred. If coverage is provided on a
Claims Made policy, its provisions should include coverage for claims filed on
or after the effective date of this Agreement. In addition, the period for which
claims may be reported should extend for a minimum of twelve (12) months
following the acceptance of work by the County.
D. LOBBYIST shall provide to the COUNTY certificates of insurance or a copy of
all insurance policies including those naming the COUNTY as an additional
insured. The COUNTY reserves the right to require a certified copy of such
policies upon request.
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9. HOLD HARMLESS. The LOBBYIST covenant and agree to indemnify and hold
harmless the Monroe County Board of County Commissioners from any and all claims for
bodily injury (including death), personal injury, and property damage (including property
owned by Monroe County) and any other losses, damages, and expenses (including
attorney's fees) which arise out of, in connection with, or by reason of services provided
by LOBBYIST or any of its Subcontractor(s) in any tier, occasioned by the negligence,
errors, or other wrongful act of omission of the LOBBYIST or its Subcontractors in any
tier, their employees, or agents.
In the event the completion of the project (to include the work of others) is delayed or
suspended as a result of the LOBBYIST's failure to purchase or maintain the required
insurance,the LOBBYIST shall indemnify the County from any and all increased expenses
resulting from such delay.
The extent of liability is in no way limited to, reduced, or lessened by the insurance
requirements contained elsewhere within this agreement.
10. SECTION HEADINGS. Section headings have been inserted in this Agreement as a
matter of convenience of reference only, and it is agreed that such section headings are not
a part of this Agreement and will not be used in the interpretation of any provision of this
Agreement.
11. OWNERSHIP OF THE PROJECT DOCUMENTS. The documents, if any, prepared
by the LOBBYIST for this Project belong to the COUNTY, and may not be reproduced
and copied without acknowledgement and permission of the COUNTY.
12. SUCCESSORS AND ASSIGNS. The LOBBYIST shall not assign its right hereunder,
except its right to payment, nor shall it delegate any of its duties hereunder without the
written consent of the COUNTY. Subject to the provisions of the immediately preceding
sentence, each party hereto binds itself, its successors, assigns and legal representatives to
the other and to the successors, assigns and legal representatives of such other party.
13. NO THIRD PARTY BENEFICIARIES. Nothing contained herein shall create any
relationship, contractual or otherwise, with or any rights in favor of, any third party.
14. CONTRACT DOCUMENTS. This contract consists of the Agreement and its
attachment. In the event of any conflict between any of the contract documents, the one
imposing the greater burden on the LOBBYIST will control.
15. PUBLIC ENTITIES CRIMES. A person or affiliate who has been placed on the
convicted vendor list following a conviction for public entity crime may not submit a bid
on contracts to provide any goods or services to a public entity, may not submit a bid on a
contract 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, LOBBYIST or subcontractor
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.
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By signing this Agreement, LOBBYIST represents that the execution of this Agreement
will not violate the Public Entity Crimes Act(Section 287.133,Florida Statutes). Violation
of this section shall result in termination of this Agreement and recovery of all monies paid
hereto, and may result in debarment from COUNTY's competitive procurement activities.
In addition to the foregoing, LOBBYIST further represents that there has been no
determination, based on an audit,that it or any subcontractor has committed an act defined
by Section 287.133, Florida Statutes, as a "public entity crime" and that it has not been
formally charged with committing an act defined as a "public entity crime" regardless of
the amount of money involved or whether LOBBYIST has been placed on the convicted
vendor list.
LOBBYIST WILL PROMPTLY NOTIFY THE COUNTY IF IT OR ANY
SUBCONTRACTOR IS FORMALLY CHARGED WITH AN ACT DEFINED AS A
"PUBLIC ENTITY CRIME" OR HAS BEEN PLACED ON THE CONVICTED
VENDOR LIST.
16. MAINTENANCE OF RECORDS. LOBBYIST shall maintain all books, records, and
documents directly pertinent to performance under this Agreement in accordance with
generally accepted accounting principles consistently applied. Each party to this Agreement
or its authorized representatives shall have reasonable and timely access to such records of
each other party to this Agreement for public records purposes during the term of the
Agreement and for four years following the termination of this Agreement. If an auditor
employed by the COUNTY or County Clerk determines that monies paid to LOBBYIST
pursuant to this Agreement were spent for purposes not authorized by this Agreement, the
LOBBYIST shall repay the monies together with interest calculated pursuant to Sec. 55.03,
of the Florida Statutes, running from the date the monies were paid by the COUNTY.
17. GOVERNING LAW, VENUE, INTERPRETATION, MEDIATION, WAIVER OF
JURY TRIAL, This Agreement shall be governed by and construed in accordance with the
laws of the State of Florida applicable to contracts made and to be performed entirely in the
State. In the event that any cause of action or administrative proceeding is instituted for the
enforcement or interpretation of this Agreement, COUNTY and LOBBYIST agree that venue
shall lie in Monroe County, Florida, in the appropriate court or before the appropriate
administrative body. The Parties waive their rights to a trial by jury. The COUNTY and
LOBBYIST agree that, in the event of conflicting interpretations of the terms or a term of this
Agreement by or between any of the parties, the issue shall be submitted to mediation prior
to the institution of any other administrative or legal proceeding.
18. SEVERABILITY. If any term, covenant, condition or provision of this Agreement(or the
application thereof to any circumstance or person) shall be declared invalid or unenforceable
to any extent by a court of competent jurisdiction, the remaining terms, 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 LOBBYIST agree to reform the
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Agreement to replace any stricken provision with a valid provision that comes as close as
possible to the intent of the stricken provision.
19. ATTORNEY'S FEES AND COSTS. The COUNTY and LOBBYIST agree that in the event
any cause of action or administrative proceeding is initiated or defended by any parry relative
to the enforcement or interpretation of this Agreement, the prevailing parry shall be entitled
to reasonable attorney's fees, and court costs, as an award against the non-prevailing parry,
and shall include attorney's fees, and courts costs, in appellate proceedings. Mediation
proceedings initiated and conducted pursuant to this Agreement, prior to or following
initiation of any cause of action or administrative proceeding, shall be in accordance with the
Florida Rules of Civil Procedure and usual and customary procedures required by the circuit
court of Monroe County.
20. BINDING EFFECT. The terms, covenants, conditions, and provisions of this Agreement
shall bind and inure to the benefit of the COUNTY and LOBBYIST and their respective legal
representatives, successors, and assigns.
21. AUTHORITY. Each parry represents and warrants to the other that the execution, delivery
and performance of this Agreement have been duly authorized by all necessary County and
corporate action, as required by law.
22. CLAIMS FOR FEDERAL OR STATE AID. LOBBYIST and COUNTY agree that each
shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further
the purpose of this Agreement; provided that all applications, requests, grant proposals, and
funding solicitations shall be approved by each parry prior to submission.
23. ADJUDICATION OF DISPUTES OR DISAGREEMENTS. COUNTY and LOBBYIST
agree that all disputes and disagreements shall be attempted to be resolved by meet and confer
sessions between representatives of each of the parties If the issue or issues are still not
resolved to the satisfaction of the parties,then any party shall have the right to seek such relief
or remedy as may be provided by this Agreement or by Florida law. COUNTY and
LOBBYIST specifically agree that no party to this Agreement shall be required to enter into
any arbitration proceedings related to this Agreement.
24. COOPERATION. In the event any administrative or legal proceeding is instituted against
either parry relating to the formation, execution, performance, or breach of this Agreement,
COUNTY and LOBBYIST agree to participate in all proceedings, hearings, processes,
meetings, and other activities related to the substance of this Agreement or provision of the
services under this Agreement.
25. NONDISCRIMINATION. LOBBYIST 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 parry, effective the
date of the court order. LOBBYIST and COUNTY agree to comply with all Federal and
Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination.
These include but are not limited to: 1) Title VII of the Civil Rights Act of 1964 (PL 88-
352) which prohibits discrimination in employment on the basis of race, color, religion,
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sex, and 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 patient records; 8)Title VIII
of the Civil Rights Act of 1968 (42 USC s.3601 et seq.), as amended, relating to
nondiscrimination in the sale, rental or financing of housing; 9) The Americans with
Disabilities Act of 1990 (42 USC 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,
disability, 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 hereto, or the subject matter of, this Agreement.
26. CODE OF ETHICS AND ETHICS CLAUSE. 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.
LOBBYIST 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 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, 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.
27. NO SOLICITATION/PAYMENT. The LOBBYIST and COUNTY warrant that, in
respect to itself, it has neither employed nor retained any company or person, other than a
bona fide employee working solely for it, to solicit or secure this Agreement and that it has
not paid or agreed to pay any person, company, corporation, individual, or firm, other than
a bona fide employee working solely for it, any fee, commission, percentage, gift, or other
consideration contingent upon or resulting from the award or making of this Agreement.
For the breach or violation of the provision,the LOBBYIST agrees that the COUNTY shall
have the right to terminate this Agreement without liability and, at its discretion, to offset
from monies owed, or otherwise recover, the full amount of such fee, commission,
percentage, gift, or consideration.
28. PUBLIC ACCESS. The LOBBYIST and COUNTY shall allow and permit reasonable
access to, and inspection of,all documents,papers,letters or other materials in its possession
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or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or
received by the LOBBYIST and COUNTY in connection with this Agreement; and the
COUNTY shall have the right to unilaterally cancel this Agreement upon violation of this
provision by LOBBYIST.
Public Records Compliance. LOBBYIST must comply with Florida public records laws,
including but not limited to Chapter 119, Florida Statutes and Section 24 of article I of the
Constitution of Florida. The County and LOBBYIST shall allow and permit reasonable
access to, and inspection of, all documents, records, papers, letters or other"public record"
materials in its possession or under its control subject to the provisions of Chapter 119,
Florida Statutes, and made or received by the County and LOBBYIST in conjunction with
this contract and related to contract performance. The County shall have the right to
unilaterally cancel this contract upon violation of this provision by the LOBBYIST. Failure
of the LOBBYIST to abide by the terms of this provision shall be deemed a material breach
of this contract and the County may enforce the terms of this provision in the form of a court
proceeding and shall, as a prevailing 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.
The LOBBYIST is encouraged to consult with its advisors about Florida Public Records
Law in order to comply with this provision.
Pursuant to F.S. 119.0701 and the terms and conditions of this contract, the LOBBYIST is
required to:
(1) Keep and maintain public records that would be required by the County to perform
the service.
(2) Upon receipt from the County's custodian of records, provide the County with a copy
of the requested records or allow the records to be inspected or copied within a reasonable
time at a cost that does not exceed the cost provided in this chapter or as otherwise provided
by law.
(3) Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law for the
duration of the contract term and following completion of the contract if the LOBBYIST
does not transfer the records to the County.
(4) Upon completion of the contract, transfer, at no cost, to the County all public records
in possession of the LOBBYIST or keep and maintain public records that would be required
by the County to perform the service. If the LOBBYIST transfers all public records to the
County upon completion of the contract, the LOBBYIST shall destroy any duplicate public
records that are exempt or confidential and exempt from public records disclosure
requirements. If the LOBBYIST keeps and maintains public records upon completion of the
contract,the LOBBYIST shall meet all applicable requirements for retaining public records.
All records stored electronically must be provided to the County, upon request from the
County's custodian of records, in a format that is compatible with the information
technology systems of the County.
(5) A request to inspect or copy public records relating to a County contract must be made
directly to the County, but if the County does not possess the requested records, the County
shall immediately notify the LOBBYIST of the request, and the LOBBYIST must provide
Page 11 of 16
the records to the County or allow the records to be inspected or copied within a reasonable
time.
If the LOBBYIST does not comply with the County's request for records, the County shall
enforce the public records contract provisions in accordance with the contract,
notwithstanding the County's option and right to unilaterally cancel this contract upon
violation of this provision by the LOBBYIST. A LOBBYIST who fails to provide the public
records to the County or pursuant to a valid public records request within a reasonable time
may be subject to penalties under sectionl 19.10, Florida Statutes.
The LOBBYIST shall not transfer custody, release, alter, destroy or otherwise dispose of
any public records unless or otherwise provided in this provision or as otherwise provided
by law.
IF THE LOBBYIST HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT
THE CUSTODIAN OF PUBLIC RECORDS AT, MONROE COUNTY
ATTORNEY'S OFFICE 1111 12TH Street, SUITE 408, KEY WEST, FL 33040:
PUBLICRECORDS La)MONROECOUNTY-FL.GOV OR PHONE # (305)292-3470.
29. NON-WAIVER OF IMMUNITY. Notwithstanding the provisions of Sec. 768.28,Florida
Statutes, the participation of the LOBBYIST and the COUNTY in this Agreement and the
acquisition of any commercial liability insurance coverage,self-insurance coverage, or local
government liability insurance pool coverage shall not be deemed a waiver of immunity to
the extent of liability coverage, nor shall any contract entered into by the COUNTY be
required to contain any provision for waiver.
30. PRIVILEGES AND IMMUNITIES. All of the privileges and immunities from liability,
exemptions from laws, ordinances, and rules and pensions and relief, disability, workers'
compensation, and other benefits which apply to the activity of officers, agents, or
employees of any public agents or employees of the COUNTY, when performing their
respective functions under this Agreement within the territorial limits of the COUNTY shall
apply to the same degree and extent to the performance of such functions and duties of such
officers, agents, volunteers, or employees outside the territorial limits of the COUNTY.
31. LEGAL OBLIGATIONS AND RESPONSIBILITIES. Non-Delegation of
Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be
construed as, relieving any participating entity from any obligation or responsibility
imposed upon the entity by law except to the extent of actual and timely performance thereof
by any participating entity, in which case the performance may be offered in satisfaction of
the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be
construed as, authorizing the delegation of the constitutional or statutory duties of the
COUNTY, except to the extent permitted by the Florida constitution, state statute, and case
law.
Page 12 of 16
32. NON-RELIANCE BY NON-PARTIES. No person or entity shall be entitled to rely upon
the terms, or any of them, of this Agreement to enforce or attempt to enforce any third-parry
claim or entitlement to or benefit of any service or program contemplated hereunder, and
the LOBBYIST and the COUNTY agree that neither the LOBBYIST nor the COUNTY or
any agent, officer, or employee of either shall have the authority to inform, counsel, or
otherwise indicate that any particular individual or group of individuals, entity or entities,
have entitlements or benefits under this Agreement separate and apart, inferior to, or
superior to the community in general or for the purposes contemplated in this Agreement.
33. COUNTY FORMS. By signing this Agreement, LOBBYIST has sworn or affirmed to the
following requirements as set forth in the Public Entity Crime Statement,Ethics Statement,
Drug-Free Workplace Statement and Vendor Certification Regarding Scrutinized
Companies List as set forth in more detail in this Agreement.
34. NO PERSONAL LIABILITY. No covenant or agreement contained herein shall be
deemed to be a covenant or agreement of any member, officer, agent or employee of
Monroe County in his or her individual capacity, and no member, officer, agent or
employee of Monroe County shall be liable personally on this Agreement or be subject to
any personal liability or accountability by reason of the execution of this Agreement.
35. ASSIGNMENT/SUBCONTRACT. LOBBYIST shall not assign or subcontract its
obligations under this agreement, except in writing and with the prior written approval of
the Board of County Commissioners of Monroe County, which approval shall be subject
to such conditions and provisions as the Board may deem necessary.
36. INDEPENDENT CONTRACTOR. At all times and for all purposes under this
agreement the LOBBYIST are independent contractors and not employees of the Board of
County Commissioners for Monroe County. No statement contained in this agreement
shall be construed so as to find the LOBBYIST or any of their employees, contractors,
servants, or agents to be employees of the Board of County Commissioners of Monroe
County.
37. TERMINATION
A. In the event that the LOBBYIST shall be found to be negligent in any aspect of service,
the COUNTY shall have the right to terminate this agreement after five days written
notification to the LOBBYIST.
B. Either of the parties hereto may cancel this Agreement without cause by giving the other
parry thirty (30) days written notice of its intention to do so.
C. Scrutinized Companies: If the County determines that the LOBBYIST has submitted a
false certification under Section 287.135(5), Florida Statutes or has been placed on the
Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel, the
County shall have the option of (1) terminating the Agreement after it has given the
LOBBYIST written notice and an opportunity to demonstrate the agency's determination
of false certification was in error pursuant to Section 287.135(5)(a), Florida Statutes, or(2)
maintaining the Agreement if the conditions of Section 287.135(4), Florida Statutes, are
met.
Page 13 of 16
38. DRUG-FREE WORKPLACE. LOBBYIST in accordance with Florida Statute 287.087
hereby certifies that LOBBYIST shall:
1. Publish a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the workplace and
specifying the actions that will be taken against employees for violations of such
prohibition.
2. Inform employees about the dangers of drug abuse in the workplace, the business' policy
of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and
employee assistance programs, and the penalties that may be imposed upon employees for
drug abuse violations.
3. Give each employee engaged in providing the commodities or contractual services that are
under bid a copy of the statement specified in subsection (1).
4. In the statement specified in subsection (1), notify the employees that, as a condition of
working on the commodities or contractual services that are under bid, the employee will
abide by the terms of the statement and will notify the employer of any conviction of, or
plea of guilty or nolo contendere to, any violation of Chapter 893 (Florida Statutes) or of
any controlled substance law of the United States or any state, for a violation occurring in
the workplace no later than five (5) days after such conviction.
5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or
rehabilitation program if such is available in the employee's community, or any employee
who is so convicted.
6. Make a good faith effort to continue to maintain a drug-free workplace through
implementation of this section.
The person authorized to sign the Agreement certifies that LOBBYIST complies fully with
the above requirements.
39. VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS
LOBBYIST agrees and certifies compliance with the following:
Section 287.135, Florida Statutes prohibits a company from bidding on, submitting a
proposal for, or entering into or renewing a contract for goods or services of any amount
if, at the time of contracting or renewal, the company is on the Scrutinized Companies that
Boycott Israel List, created pursuant to Section 215.4725, Florida Statutes, or is engaged
in a Boycott of Israel. Section 287.135, Florida Statutes, also prohibits a company from
bidding on, submitting a proposal for, or entering into or renewing a contract for goods or
services of $1,000,000 or more, that are on either the Scrutinized Companies with
Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum
Energy Sector Lists which were created pursuant to s. 215.473, Florida Statutes, or is
engaged in business operations in Cuba or Syria.
As the person authorized to sign on behalf of LOBBYIST,I hereby certify that the company
identified above as "LOBBYIST" is not listed on the Scrutinized Companies that Boycott
Israel List or engaged in a boycott of Israel and for Projects of$1,000,000 or more is not
listed on either the Scrutinized Companies with Activities in Sudan List, the Scrutinized
Companies with Activities in the Iran Petroleum Energy Sector List, or engaged in business
operations in Cuba or Syria.
Page 14 of 16
I understand that pursuant to Section 287.135, Florida Statutes, the submission of a false
certification may subject company to civil penalties, attorney's fees, and/or costs. I further
understand that any contract with the County may be terminated, at the option of the
County, if the company is found to have submitted a false certification or has been placed
on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel or
placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized
Companies with Activities in the Iran Petroleum Energy Sector List or been engaged in
business operations in Cuba or Syria.
Note: The List are available at the following Department of Management Services
Site:ham://www.dms.in florida.com/business_operations/state purchasing/vendor_infor
mation/convicted suspended_discriminatory_complaints_vendor_lists
40. AFFIDAVIT ATTESTING TO NONCOERCIVE CONDUCT FOR LABOR OR
SERVICES As a nongovernmental entity executing, renewing, or extending a contract
with a government entity, LOBBYIST is required to provide an affidavit under penalty of
perjury attesting that CONTRACTOR/CONSULTANT does not use coercion for labor or
services in accordance with Section 787.06, Florida Statutes.
As defined in Section 787.06(2)(a), coercion means:
1. Using or threatening to use physical force against any person;
2. Restraining, isolating, or confining or threating to restrain, isolate, or confine any
person without lawful authority and against her or his will;
3. Using lending or other credit methods to establish a debt by any person when labor
or services are pledged as a security for the debt, if the value of the labor or services
as reasonably assessed is not applied toward the liquidation of the debt, the length
and nature of the labor or service are not respectively limited and defined;
4. Destroying, concealing, removing, confiscating, withholding, or possessing any
actual or purported passport, visa, or other immigration document, or any other
actual or purported government identification document, of any person;
5. Causing or threatening to cause financial harm to any person;
6. Enticing or luring any person by fraud or deceit; or
7. Providing a controlled substance as outlined in Schedule I or Schedule II of Section
893.03 to any person for the purpose of exploitation of that person.
As a person authorized to sign on behalf of LOBBYIST,I certify under penalties of perjury
that LOBBYIST does not use coercion for labor or services in accordance with Section
787.06. Additionally, LOBBYIST has reviewed Section 787.06, Florida Statutes, and
agrees to abide by same.
41. 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.
IN WITNESS WHEREOF, each parry has caused this Agreement to be executed by its duly
authorized representative.
Page 15 of 16
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page •16o ' 16
W, BOARD OF COUNTY COMMISSIONERS
County of Monroe + � �Ifu�� �, Mayor Craig Cates,District 1
ti Mayor Pro Tem Holly Merrill Raschein,District 5
The Florida Keys ra Michelle Lincoln,District 2
James K.Scholl,District
Robert B.Shillinger,County Attorney** tdw David Rice,District 4
Pedro J.Mercado,Sr.Assistant County Attorney**
Cynthia L.Hall,Sr.Assistant County Attorney**
Christine Limbert-Barrows,Assistant County Attorney** Office of the County Attorney
Derek V.Howard,Assistant County Attorney** I I11 12'Street,Suite 408
Peter H.Morris,Assistant County Attorney ** Key West,FL 33040
Patricia Fables,Assistant County Attorney (305)292-3470 Office
Joseph X.DiNovo,Assistant County Attorney** (305)292-3516 Fax
Kelly Dugan,Assistant County Attorney
Christina Cory,Assistant County Attorney
**Board Certified in City,County&Local Govt.Law
RE: Waiver of insurance Requirements
Risk Management is waving the contract requirement of Professional Liability insurance for Thorn Run Partners
Corp for providing lobbying services to Monroe County.
Thank you,
Brian Bradley
Risk Manager