04/21/2004 Agreement
DANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE:
May 7, 2004
TO:
Timothy McGarry, Director
Growth Management Division
ATTN:
FROM:
Mayra Tezanos
Executive Assistant
Pamela G. Hanc&
Deputy Clerk
At the April 21, 2004, Board of County Commissioner's meeting the Board adopted the
following:
Resolution No. 163-2004 concurring with the sale of surplus Florida Department of
Transportation right-of-way adjacent to u.s. 1 at mile marker 27.1, bayside.
Resolution No. 167-2004 expressing concerns about a large-scale mixed use development,
proposed by Atlantic Civil, Inc., referred to as the Florida City Development of Regional Impact (DRI),
and directing county representatives to the South Florida Regional Planning Council and staff to
communicate the county's concerns in the development review process and oppose any element or
phase of the development that will negatively impact the health, safety and welfare of Monroe County
citizens or will have a detrimental effect on the environment and economic base of Monroe County.
The Board also granted approval and authorized execution of the following:
/sroadcast Services Contract between Monroe County and Florida Keys Comcast for the
provision of media services to disseminate information to the public concerning the Florida Keys No
Discharge Zone.
Supplemental Joint Participation Agreement #3, Contract No. AI-893 between Monroe County
and the Florida Department of Transportation to amend the scope and budget to provide for the
continuation and completion of the Key Largo Livable CommuniKeys planning studies.
Enclosed are certified copies of the subject Resolutions, a duplicate original of the Compacts
Contract, and four duplicate originals of the JP A, executed on behalf of Monroe County, for your
handling. Please be sure to forward the fully executed JPA's marked "Monroe County Clerk's
Original" and "Monroe County Finance Department's Original" to our office as soon as possible.
Should you have any questions please do not hesitate to contact this office.
cc: County Administrator - Res. 167-2004
County Attorney
Finance
File ./
BROADCAST SERVICES CONTRACT
THIS CONTRACT is made and entered into this 21 st day of April ,
2004, by and between the BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY (COUNTY), and FLORIDA KEYS COMCAST
(COMCAST ).
WHEREAS, the COUNTY has determined that COMCAST IS a sole
provider of cable broadcast services in the Florida Keys; and
WHEREAS, the COUNTY deems it important to the preservation of the
environment to broadcast information and television infomercials concerning the
Florida Keys No Discharge Zone;
NOW, THEREFORE, in consideration of the mutual promises contained in
this contract the parties agree as follows:
1. Scope of Services:
A. COMCAST shall provide production services for the No Discharge Zone
infomercial; and
B. COMCAST shall provide broadcasts of the infomercial as set forth in the
attached Comcast Advertising Traffic Order Form and Contract Data Form;
and
C. COMCAST shall provide No Discharge Information on the Information
Crawl available on the Weather Channel as specified in the attached
Comcast Advertising Traffic and Data Forms, effective November 2003.
2. Term:
A. The term of this agreement is nunc pro tunc, June 1, 2003 through March 27,
2005.
3. Payment:
A. For all of the production services, the COUNTY shall pay an amount not to
exceed forty thousand, two hundred and seventy-eight dollars ($40,278.00),
upon receipt of an invoice and supporting documentation to establish the
completion of the task.
B. The COUNTY shall pay for the broadcasts at the rates specified in the
attached Traffic Order Fom1, upon receipt of a monthly invoice and
supporting documentation to establish the broadcasts were aired.
C. Payment of approved bills shall be made to COMCAST within the time
required by the Florida Prompt Payment Act.
D. Payment is contingent upon annual appropriation of funds.
4. Termination:
A. Either party may terminate this agreement upon gIvmg the other prior
written notice of at least seven days prior to the termination. COUNTY
shall be responsible to pay only such fees as have been generated by services
rendered prior to the termination. In no event shall COMCAST continue to
provide services, other than the broadcasts which cannot be pulled off the
airing schedule, after the receipt of notice of termination.
5. Records:
A. COMCAST 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 their 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 tennination of this Agreement. If an auditor employed by the
COUNTY or Clerk determines that monies paid to COMCAST pursuant to
this Agreement were spent for purposes not authorized by this Agreement,
the COMCAST shall repay the monies together with interest calculated
pursuant to Sec. 55.03, FS, running from the date the monies were paid to
COMCAST.
6. Governing Law, Venue, Interpretation, Costs, and Fees:
A. 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.
i. In the event that any cause of action or administrative proceeding is
instituted for the enforcement or interpretation of this Agreement, the
COUNTY and COMCAST agree that venue will lie in the appropriate
court or before the appropriate administrati ve body in Monroe
County, Florida.
ii. The COUNTY and COMCAST agree that, in the event of conflicting
interpretations of the temlS or a term of this Agreement by or between
any of them the issue shall be submitted to mediation prior to the
institution of any other administrative or legal proceeding.
7. Severability.
A. 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 COMCAST 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.
8. Attorney's Fees and Costs.
A. The COUNTY and COMCAST 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
entitled to 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. 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.
9. Binding Effect.
A. The terms, covenants, conditions, and provisions of this Agreement shall
bind and inure to the benefit of the COUNTY and COMCAST and their
respective legal representatives, successors, and assigns.
10. Authority.
A. 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.
11. Claims for Federal or State Aid.
A. COMCAST 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 party prior to submission.
12. Adjudication of Disputes or Disagreements.
A. COUNTY and COMCAST 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 no resolution can be agreed upon
within 30 days after the first meet and confer session, the issue or issues
shall be discussed at a public meeting of the Board of County
Commissioners. 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.
13. Cooperation.
A. In the event any administrative or legal proceeding is instituted against either
party relating to the formation, execution, perfom1ance, or breach of this
Agreement, COUNTY and COMCAST agree to participate, to the extent
required by the other party, in all proceedings, hearings, processes, meetings,
and other activities related to the substance of this Agreement or provision
of the services under this Agreement. COUNTY and COMCAST
specifically agree that no party to this Agreement shall be required to enter
into any arbitration proceedings related to this Agreement.
14. Nondiscrimination.
A. COUNTY and COMC AST 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. COUNTY or COMCAST
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-]683, and ]685-1686), 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 ] 972 (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 9] -616), as amended, relating to nondiscrimination on the
basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of
19] 2, 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) Any other nondiscrimination provisions in any
Federal or state statutes which may apply to the parties to, or the subject
matter of, this Agreement.
15. Covenant of No Interest.
A. COUNTY and COMCAST 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 perfom1 and receive benefits as recited in this Agreement.
16. Code of Ethics.
A. 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.
17. No Solicitation/Payment.
A. The COUNTY and COMCAST 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 COMCAST 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.
18. Public Access.
A. The COUNTY and COMCAST shall allow and permit reasonable access to,
and inspection of, all documents, papers, letters or other materials in its
possession or under its control subject to the provisions of Chapter 119,
Florida Statutes, and made or received by the COUNTY and COMCAST in
conjunction with this Agreement; and the COUNTY shall have the right to
unilaterally cancel this Agreement upon violation of this provIsIon by
COMCAST.
19. Non-Waiver of Immunity.
A. Notwithstanding he provisions of Sec. 286.28, Florida Statutes, the
participation of the COUNTY and the COMCAST 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 wai ver.
20. Privileges and Immunities.
A. 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.
21. Legal Obligations and Responsibilities:
A. 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.
22. Non-Reliance by Non-Parties.
A. No person or entity shall be entitled to rely upon the terms, or any of them,
of this Agreement to enforce or attempt to enforce any third-party claim or
entitlement to or benefit of any service or program contemplated hereunder,
and the COUNTY and the COMCAST agree that neither the COUNTY nor
the COMCAST 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 m general or for the purposes contemplated In this
Agreement.
23. Attestations.
A. COMCAST agrees to execute such documents as the COUNTY may
reasonably require, to include a Public Entity Crime Statement, an Ethics
Statement, and a Drug-Free Workplace Statement.
24, No Personal Liability.
A. 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.
25. Execution in Counterparts.
A. This Agreement may be executed in any number of counterparts, each of
which shall:Je 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 singing any such counterpart.
26. Section Headings.
A. Section headings have been inserted in this Agreement as a matter of
convenience ufreference only, and it is agreed that such section headings are
not a part of :his Agreement and will not be used in the interpretation of any
provision of this Agreement.
27. Indemnify/Hold Harmless.
A. Contractor agrees to indemnify and save COUNTY harmless from and
against all claims and actions and expenses incidental thereto, arising out of
damages or claims for damages resulting from the negligence of Contractor,
its agents, or employees while Contractor is cleaning the Airport facilities.
However, Contractor shall not be liable for any claims, actions or expenses
which arise from the negligent or intentional acts or omissions of the
COUNTY, its agents or employees. The extent of liability is in no way
] i mi ted to, reduced, or lessened by the insurance requirements contained
elsewhere vvi hin this agreement.
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. IN WITNESS WHEREOF, the parties hereto have set their signatures the
date first above written.
Attest:
DANNY L. KOLHAGE, CLERK
By:G~
Deputy' Clerk
BOARD OF COUNTY COMMISSIONERS,
OF MONROE COUNTY
By:L~yor
David P. Rice, Mayor Pro Tem
COMCAST
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George Murphy clo
@omcast
1010 Kennedy Dr
Key West, FL 33040
Monroe County Education Outreach
Lisa Corey
Contract # 58380 Weather
Month
11.03
12.03
1.04
2.04
Invoice
106057
107624
108989
110267
INVOICE
Amount
420.00
~i60. 00
560.00
('00.00
4/5/04
Total Due
$2,240