Loading...
Item G10 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: NOVEMBER 17. 2004 Division: TDC Bulk Item: Y es ~ No Department: AGENDA ITEM WORDING: Approval of an Agreement with Keys Association of Dive Operators to provide Dive Umbrella services on behalf of Monroe County. ITEM BACKGROUND: TOC approved same at their meeting of August 25, 2004. PREVIOUS REVELANT BOCC ACTION: CONTRACT/AGREEMENT CHANGES: New Agreement STAFF RECOMMENDATIONS: Approval TOTAL COST: $350.000 BUDGETED: Yes -X... No COST TO COUNTY: $350.000 SOURCE OF FUNDS: TDC REVENUE PRODUCING: Yes X- No OUNTPERMONTH_ Year APPROVED BY: County Arty -L DIVISION DIRECTOR APPROVAL: DOCUMENTATION: Included X To Follow_ Not Required_ AGENDAITEM#G [0 DISPOSITION: Revised 2/27/01 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Keys Association of Contract #_ Dive Operators Effective Date: 10/1/04 Expiration Date: Contract Purpose/Description: Approval of an Agreement with Keys Association of Dive Operators to provide Dive Umbrella services on behalf of Monroe County. Contract Manager: Maxine Pacini 3523 TDC # 3 (Name) (Ext. ) (Department/Stop #) for BOCC meetin,g on 11/17/04 A,genda Deadline: 11/2/04 CONTRACT COSTS Total Dollar Value of Contract: $ 350,000 Budgeted? Yest8J No 0 Account Codes: Grant: $ County Match: $ Current Year Portion: $ See Attached Sheet - - - - ----- ADDITIONAL COSTS Estimated Ongoing Costs: $_/yr For: (Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.) - - --- CONTRACT REV Date Out Date In Division Director 11).4ct Risk Management 1~ YesO NoG?" O.M.B./Purchasing YesO No~ County Attorney 14# YesO Nog-- S. Hutton \ I ~Lj- Comments: OMB Form Revised 2/27/01 MCP #2 115 75033 530340 T55D 239 X 530480 DIVE UMBRELLA 350,000 115 75033 530340 T55D 239 X 530470 DIVE UMBRELLA 0 115 75033 530340 T55D 239 X 530410 DIVE UMBRELLA 0 115 75033 530340 T55D 239 X 530400 DIVE UMBRELLA 0 115 75033 530340 T55D 239 X 530540 DIVE UMBRELLA 0 CONTRACT FOR DIVE UMBRELLA SERVICES THIS AGREEMENT, made and entered into this _ day of , 2004, A.D., by and between MONROE COUNTY, FLORIDA, (hereinafter called County"), and Keys Association of Dive Operators, (hereinafter called the "KADO"). WHEREAS, the County wishes to enter into this agreement with Keys Association of Dive Operators, so that KADO will oversee the TDC Dive Umbrella, an advisory committee to make recommendations to the TDC and BOCC concerning dive related marketing activities, NOW THEREFORE, in consideration of the mutual covenants and provisions contained herein, the parties agree as follows: That the parties hereto, for the consideration hereinafter set forth, mutually agree as follow: 2. SCOPE OF THE WORK KADO shall provide Dive Umbrella services for the County as described below: A. The Dive Umbrella shall plan and budget recommendations with respect to Dive related marketing activities, on behalf of Monroe County Tourist Development Council. B. The Dive Umbrella shall recommend to the TDC with respect to diving: 1. Media placement advertising for Florida Keys diving industry. 2. Any diving event to be sponsored by the TDC. 3. Assist with the public relations for the Florida Keys diving industry. C. KADO while overseeing the Dive Umbrella shall represent all Florida Keys diving industry. D. KADO shall establish and administer policies and procedures which will distribute on an equitable district-wide basis those monies recommended for all qualified diving marketing activities. E. The Dive Umbrella may solicit sponsors for programming and events to contribute sponsorship funds toward the operating expenses for diving events and activities. No TDC funds will be used to cover administrative or operating costs. F. All Dive Umbrella meetings will be open to the public and properly noticed under the same rules as required for all governmental meetings under F.S. 286.011. G. KADO may provide research information and contribute statistics and scientific information for the TOe and the dive industry. Dive Umbrella 2004 ~.-~~ 11.43 FROM.MONROE COUNTY ATTY OFFICE 10.3052823516 PAGE 3/2 H. Monroe County BOCC and TOe will fund through its Advertising and Public Relations agencies of record the costs of promotion and advertising directfy to vendors upon receipt of properly approved invoices. I. Funding: a) The TDCIBOCC will allocate to the Dive Umbrella funding amounts for advertising, sa'es, events, public relations and other promotional activities on an annuaj basis during the budget and marketing plan process. Budget funding is subject to availability of TOe funds. The recommendations of the Dive Umbrella Committee shall be submitted to the TOe for COnsideration but Dive Umbrella has no final authority to require TOe to adopt its recommendations. J. The Dive Umbrella Composition: See Exhibit A KADO warrants that it is authorized by Jaw to engage in the performance of the activities herein desaibed, subject to the terms and conditions set forth in these contract documents. KADO shall at all times exercise independent, profess;onal judgment and shall aasume professional responsibility for the services to be provided. KADO shall prOVide services using the follOWing standards, as 8 minimum requirement: I. KADO shall maintain adequate staffing levels to provide the services required under the contract. U. The personnel shall not be employees of or have any COntractual relationship with the County. (IF APPROPRIATE: To the extent that KADO uses subcontractors or independent contractors, this contract specifically requires that the level of independence normally exercised by such subcontractors and independent contractors be curtailed and that they be supervised by the KADO.] III. All personnel engaged in performing services under this contract shall be fully qualified, and, if required, to be authorized or permitted under State and locallsw to perfonn such services. 3. TERAf OF CQ~TRACT The term of this contract is for three years, commencing on the 11t day of October, 2004, and ending on the 30th day of September, 2007, with an option to extend for an additional two (2) year periOd. 4. KAOO'S ACCEPT~CE QF CONDITION$ A KAOO hereby agrees to carefully examine the specifications for Which KADO shall provide services and assumes full responsibility therefore. The proVisions of the Contrad shall control any inconsistent provisions contained in the specifications. Under no circumstances, conditions, or situations shell this contrad be more strongly construed against the County than against KADO. Dive Umbrella 2004 2 . "",v-""-106! 11:qq FROM:MONROE COUNTY ATTY OFFICE 10:3052823516 PAGE 4/2 B. Any ambiguity or uncertainty in the specifications shall be interpreted and construed by the TDe and County, and the County's decision shall be final and binding upon all pert;es. C. The passing, approval, and/or acceptance by the TOC or County of any of the services fumished by the KADO shaJl not operate as a waiver by the County of strict compliance With the terms of this Contract, and specifications covering the services. Failure on the part of KADO, immediately after NotiC'A:J to Correct shall entitle the County, if it sees fit, to correct the same and recover the reasonable cost of such repl8cement and/or repair from KADO, who in any event shall be jointly and severally liable to the County for all damage, and Joss. D. Expense caused to the County by reason of the Keys Association of Dive Operator's breach of this Contrad and/or his failure to comply strictly and in all things with this Contract and with the specifications. E. KADO has, and snail maintain thrOUghout the term of this contract, appropriate licenses and approvals required to conduct its business, ancl that it will at all times conduct its business activities in a reputable manner. Proof of such Iic:enses and approvals shall be submitted to the County upon request. 5. KADO'S FINANC,^,= RECORO.s KADO shall maintain all books, records, and documents directly pertinent to perfonnance under this Agreement in accordance with generalty accepted accounting principles consistently ~Iied. Each party to thiS Agreement or their authorized representatives shall have reasonable and timely access to such record& of each other party to this Agreement for pubtic records purposes during the term of the Agreement and for four years followtng the termination of this Agreement. If an auditor employed by the County or Clerk detennines that monies paid to KADO pursuant to this Agreement were spent for purposes not authorized by this Agreement, KADO shall repay the monies together with interest calculated pursuant to See. 55.03. FS, running from the date the monies were paid to KADO. 6. PllBLIC ACCES$ The County and KADO shall allow and pennit reasonable access to, and inspection of, all dOaJrnents, 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 KADO in conjunction with this Agreement; and the County shall have the right to unilaterally cancel this Agreement upon violation of thi& proviSion by KADO. 7. HOLD HAfWLESS The KADO covenants ~d agrees to indemnify and hold harmless Monroe County Board of County Commi$Sioners and the TOC from any and all claims for bodily injury (including death), personal injury, and property damage (including property owned by Monroe County) and any other Ioases, damages, and expenses (including attorney's fees) which arise out of, in connection with, or by reason of services provided by the Dive UmInUa 2004 3 -- ..." r<<uM'"UNROE COUNTY ATTY OFFICE 10.3052923516 PAGE 5/2 KADO or any of its SUbcontradOr(s) in any tier, occasioned by the negligence, errors, or other wrongful act of omission of the KADO or its Subcontractors in any tier, their employees, or agents. The extent of liability is, in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. At all times and for all purposes under this agreement KADO is an independent Keys Association of Dive Operators and not an employee of the Board of County Commissioners of Monroe County. No statement contained in this agreement shall be construed so as to find KADO or any of his employees, contrador's, servants, or agents to be employees of the Board of County Commissioners of Monroe County. ~ISCRlMINATlaN County and KADO agree that there will be no discrimination disctimination 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 tenninates without any further action on the part of any party, effective the date of the court order. County or KADO agree to comply with aU Federal and Florida statutes, and all local ordinances, as $pplicable, relating to nondiscrimination_ These inctude but are not limited to: 1) Title VI of the Civil Rights Act of 1964 CPL 88-352) which prohibits discrimination on the ba$is of race, color or national origin; 2) Title 'X of the Education Amendment of 1972, 88: amended (20 use ss. 1681 - 1683, and 1685-1686), which prohibits discrimination Qn the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USCs.794), which prohibits disaimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC SSe 6101 _ 6107) which prohibits disaimination on the basis of age; 5) The Drug Abuse Office ~nd Treatment Act of 1972 (PL 92-255), as amended, relating to nondisaimination on the basis of drug abuse; 6) 1J1e Comprehensive Alcohol Abuse and AlC9f1ofism Prevention, Treatment and Rehabil~tion Act of 1970 CPL 91..a16), as amended, relating to nondisaimination on th~ basis of alcohol abuse or alcoholism; 7) The PubUc Health Service Act of 1912, ss. ~3 and 527 (42 use SSe 69Odd-3 and 2908&-3), as amended, relating to confidentiality i of alcohol and drug abuse patent records; 8) Title VIII of the Civil Rights Act of 1968 (~2 USC's et seq.), as amended, relating to nondisaimination in the sa'e, rental of finan9ng of housing; 9) The Americans with Disabilities Act of 1990 (42 use's 1201 N~), as maybe amended from time to time, relating to nondiscrimination on basis of disability; 10) Monroe County Code Ch. 13, Nt. VI, prohibiting disaiminatio on the bases of race, color, sex, religion, disabiUty, national origin, ancestry, ~81 'entatlon, gender identity or expression, familial status or age; and 11) Any other nandl 'mination provisions in any Federa' or state statutes which may apply to the parties, 0, or the subject matter of, this Agreement. I Dive Umbrella 2004 4 "'UV-~~-~~ 11,45 FROM.MONROE COUNTY ATTY OFFICE 10.3052823516 PAGE 6/2 10. ASSlfiNMENTlSl,!BfQNTRACT KADO shall not assign ~r subcantrad its obligations under th;s agreement, except in writing and with the~ p' written approval of the Board of County Commissioners of Monroe County and O. which approval shall be subject to such conditions and provisions as the Board ay deem necessary and pursuant to the recommendation of the County Court Admiristrative Judge. This paragraph shall be incorporated by reference into any assl9~ment or subcontract and any assignee or subcontractor shall comply with all of the ~rovisions of this agreement Unless eJCpressly provided for therein, such approv~" in no manner or event be deemed to impose any additional obfigalion upon the b~.] . 11. MPLlAN E W W In providing all service goods pursuant to this agreement, KAnO shall abide by aU statutes, ordinances, rul~ and regulations pertaining to, or regulating the provisions of, such services, induding ose now in effect and hereinafter adopted. Any violation of said statutes, ordinance , rules and regulations shall constitute a material breach of this agreement and shall .tle the Board to terminate this contract immediately upon delivery of written notice of termination to KADO. KADO shall possess proper licenses to pertonn wort< in rdance with these specifications throughout the term of this contrad. 12. The Keys Association of! Dive Operators represents that it, its directors, principles and employees, presently h~ve no interest and shall acquire no interest, either direct or indirect, which would COf'lict in any manner with the performance of services required by this contrad, as provi ed in Sect 112.311, at. seq., Florida Statutes. County agrees that officers and emplo es of the County recognize and will be required to comply with / the standards of condu for public officers and employees as delineated in Section 112.313. Florida Statut ,regarding. but not limited to, solicitation or acceptance of gifts; doing business . one's agency; unauthorized compensation; misuse of public position, conflicting emp,oyment or contractual relationship; and disdosll"e or use of certafn information_ I Upon execution of this ~ntract, and thereafter as changes may require, KAnO shall notify the County of any nancial interest it may have in any and all programs in Monroe County which KADO s onsors, endorses, recommends, supervises, or requires for counseling, assistance, valuation, or treatment. This provision shall apply whether or not such program is ~ ired by statute, as a condition of probation, or is provided on a vOluntary basis. The County and KADO warrant that, in respect to itself, it has neither employed nor retained any company 0' person, other than 8 bona fide employee working solely for it, to solicit or secure this reement and that it has not paid or agreed to pay any person, Dive Umbrella 2004 s -.. .&.& --.;::1 rKuM'MUNROE COUNTY ATTY OFFICE 7/2 10,3052823516 PAGE I i company, carporation, ~vidual, or firm, oIher than a bona fide employee working solely for it. any fee, rF.mission, percentage, gift, or other consideration contingent upon or resulting from e award or making of this Agreement. For the breach or violation of the provision. KADO agrees that the County shall have the right to tenninate this Agreement without Uability and, at its discretion. to offset from monies owed, or otherwise recover, the' full amount of such tee. commission, percentage, gift. or consideration. I I I 13~ ARI,!EARS I KADO shall not pledge ~e County's credit or make it a guarantor of payment or surety for any centrad, debt. opligation. judgment. lien. or any form of indebtedness. KADO further warrants and re~sents that it has no obligation or indebtedness that would impair its ability to fulfill t~e terms of this contract , '4. NQTIG~ REQU1RE~ Any notice required or itted under this agreement shall be in writing and hand delivered or mailed, p ge prepaid, to the other party by certified mail, retumed receipt requested, to the ollowing; I I I i The County is exem~ from payment of Florida State Sales and Use taxes. KADO shall not be exemPt~' by virtue of the County's exemption from paying salea tax to its suppliers for mat rials used to fulfill its obligations under this contract, nor is KADO authorized to use the County's Tax Exemption Number in securing such materials. KADO ~all be responsible for any and all taxes, or payments of withholding, related tq services rendered under this agreement. I I ! I I I I I I I I FOR COUNTY: FOR KADO: FOR mc: 15.T~ Dive UmbrdJa 2004 Suzanne Hutton, Assistant County Attorney PO Box 1026 Key West, FI. 33041-1026 Mr. Bob Holston 3128 North Roosevelt Blvd Key West, FL 33040 Harold Wheeler 1201 White Street, Suite 102 Key West, FL 33040 6 ..~v "'&-...... ~~...~ t'I'l!UM.MONROE COUNTY ATTY OFFICE 10.3052923516 PAGE 8/2 I i 16. TE~!NATION I A The County may ~lnaIe this c:ontracl for cause with seven (7) days notice to KADO. Cause ~U constitute a breach of the obligations of KADO to perform the services enum~ed as KADO obligations under this contract. B. Either of the pa~i~8 hereto may terminate this contract without cause by giving the other party s~y (60) days written notice of its intention to do so. iL GOVERNING ~w. v~U~ Il!IT~RPRETATION. COST~. AtjD FE~ A This Agreement shall be governed by and construed in acoordanc:e with the laws of the State of FIOri~ applicable to contracts made and to be performed entirely in the State. ! B. In the event that ~ cause of action or admiriistlative proceeding is inslilulsd for the enforcement or 'nterpretation of this Agreement, the County and KADO agree that venue will lie inl the appropriate court or before the appropriate administrative bOdy in Monroe Courty, Florida. C. The County and ~O agree that, in the 8\'ent of conflicting interpretations of the terms or a term qt this Agreement by or between any of them the issue shall be submitted to medja~on prior to the institution of any other administrative or legal proceeding. ! D. Severability. If Jny tenn. covenant, condition or provision of this Agreement (or the application then~of to any drcumstance or person) shall be declared invalid or unenforceable to aryy extent by a court of competent jurisdiction. the remaining terms, covenants, Fnditions and provisions of this Agreement. shall not be affected thereby; ~"d each remaining term, covenant, condition and provision of this Agreement sNjlIl be valid and shall be enforceable to the fullest extent permitted by law LJ1less the enforcement of the remaining terms, covenants, conditions and provi~ions of this Agreement would prevent the accomplishment of the original intent or: this Agreement The County and KADO agree to reform the Agreement to replacre any stricken provision with a valid provision that comes as close as possible to ~e intent of the stricken provision. ! , E. Attorney's Fees ~nd Costs. The County and KADQ agree that in the event any cause of action or ~dministrative proceeding is initiated or defended by any party relative to the enf~ment or interpretation of this Agreement, the prevailing party shall be entitled to n~asQnable attorney's fees, court costs, investigativel and out-of- packet expenses, a, an award against the non-prevailing party, and shall indude attorney's fees, courjts costs, investigative. and out-of-pocket expenses in appellate proceedings. Medfation proceedings initiated and conducted pursuant to this Agreement shall bel in accordance with the Florida Rules of Civil Procedure and usual and custQma~ Procedures required by the circuit court of Monroe County. I i , ! Dive UmbrdJa 2004 7 ..~v-~&-~~ 11'46 FROM,MONROE COUNTY ATTY OFFICE 10,3052923516 PAGE 9/2 F. Adjudication of lPisputes or Disagreements. County and KADO agree that all disputes arld disag~ments shall be attempted to be resolved by meet and confer sessions between ",presentatives of each of the parties. If no resolution can be agreed upon within '30 days after the frrst meet and confer session, the issue or issues shall be ~scussed at a public meeting of the Board of County Commissioners. If tJt1e issue or issues are still not resolved to the satisfaction of the parties, then any ~ shall have the right to seek such relief or remedy as may be provided by this Ag.-,ement or by Florida law. ! G. Cooperation. :In the event any administrative or legal proceeding is instituted against either party irelating to the formation, execution. performance, or breach of this Agreement, County and KADO agree to participate, to the extent required by the other party, in; all prOceedings, hearings, processes, meetings, and other activities related to ithe substance of this Agreement or provision of the services under this Agreem~nt. County and KADO specifically agree that no party to this Agreement shall be jrequired to enter into any arbitration proceedings related to this Agreement. i 18. BIN.DI~G EFFECT I The tenns, covenants, conditions. and provisions of this Agreement shall bind and inure to the benefit of the County and KADO and their respective legal representatives, successors, and assigns.' 19. AUTHORITY Each party represents ~nd warrants to the other that the execution, delivery and performance of this Ag~ment have been duly authorizecl by all necessary County and corporate action, as requIred by law. 20. CLAlM~ FOR FEDE~L OR STATE AIC KADO and County agr~ that each shall be, and is, empowered to apply for, seek, and obtain federal and state flJnds 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 submi~ion. I 21. PRIVILEG~MVNITIES All of the privileges and ir!nmunities from liability, exemptions from laws, ordinances, and rules and pensions andi 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 COUll1ty, when performing their respective functions under this Agreement within the temtoriallimits of the County shall apply to the same degree and extent to the performal1C8 of such functions and duties of such officers, agents, volunteers, or employeeS outside the territoriellimits of the County. ; Dive UmbIeUa 2004 s "..v-"'.-lU"t 11.46 FROM.MONROE COUNTY ATTY OFFICE 10.3052923516 PAGE 10/2 Non-Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be constriJed 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 4Jny participating entity, in which case the perfonnance may be offered in satisfaction of!the obligation or responsibility. Further, this Agreement is not intended to, nor shall it ~ 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. 23. NON-RELIANCE Blf NON-PARTI~ No person or entity sh~" be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any thi~rty claim or entiUement to or benefit of any service qr program contemplated hereunder, and the County and the KADO agree that neither1 the County nor the KADO or any agent, officer, or employee of either shall have the authority to infonn, counsel, or otherwise indicate that any partia.llar individual or proup of individuals, entity or entities, have entitlements or benefits under this Ag~eement se~rate and apart, inferior to, or superior to the community in general or ror the purposes contemplated in this Agreement. 24. ATTESTATIONS KADO agrees to executje such documents as the County may reasonably require, to include a Public Entity! Crime Statement, an Ethics Statement, and a Drug-Free Workplace Statement. ' 25. NO PERSQNAL UAJlILlTY No covenant or agr88f118nt contained herein shall be deemed to be a covenant or agreement of any mem~, officer, agent or employee of Monroe County in his or her individual capacity, and i!1o member, officer, agent or employee of Monroe County shall be liable personally oni this Agreement or be subject to any personal liability or accountability by reason pf the execution of this Agreement. 26. EXEClJTlON IN CO~NT~RP~TS This Agreement may be t!xecuted 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 tt)e parties hereto may execute this Agreement by singing any such counterpart. Dive Umbn:Ua 2004 9 '~UV-~l-~~ 11:~' rKuM:MONROE COUNTY ATTY OFFICE 10:3052923516 PAGE 11/25 27. SECTION ~EADIN~S Section headings have qeen inserted in this Agreement as a matter of convenience of reference only, and it ie agreed that such section headings are not a part of this Agreement and will not ~ used in the interpretation of any provision of this Agreement. ! I IN WITNESS WHEiREOF the parties hereto have executed this Agreement on the day and date first written above in four (4) counterparts, each of which shall, without proof or accounting for tf1e other counterparts, be deemed an original contract. (SEAL) Attest: DANNY L. KOLHAGE, Clerk Monroe County Board of County Commissioners Clerk MayorJChainnan (SEAL) Attest Keys Association of Dive Operators By: President Dive Umbrella 2004 10 'NUV-~1-~4 11.47 FROM.MONROE COUNTY ATTY OFFICE 10.3052823518 PAGE 12/25 The Recommendation related marketing activlti iXHIIIIA 8RELLA RECOMMENDATION COMMITTEE mmittee is established to recommend appropriations for Dive to the TOC and BOCC. The Recommendation mmittee of KADO, as Dive Umbrella, an advisory commfttee to the Monroe County DC and BOCC, is comprised of five (5) members, with one member representing ea of the five TOe districts throughout the Florida Keys. Each member shall be engag d in business in the district which said member represents, such business being re ted to the Dive industry. The members shall be appointed by KADO and confirmed by he TOC and BOCC. As of the commenceme of the contract effective October 1, 2004 the members shall be: District I Ceca Roycroft District II Maryanne Rockett Oistrid III Sally Billiter District N Kristi Newth District V Joe Dowda Upon the cessation of 0 erations of a member's dive related business in the District for which appointed, a mem er shall be immediately terminated from the Recommendation Committee and KADO hall appoint a replacement and process the appointment for TOC and BOCC approvr,1. Additionally, KAOO may request approval from TOC and BOCC for a replacement member of the Recommendation Committee for any reason it deems appropriate. Dive Umbrella 2004 11 PUBLIC ENTITY CRIME STATEMENT "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 a contract 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 consultant 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, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." LOBBYING AND CONFLICT OF INTEREST CLAUSE SWORN STATEMENT UNDER ORDINANCE NO. 010-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE warrants that he/it has not employed, retained or otherwise had act on his/its behalf any former County officer or employee in violation of Section 2 of Ordinance No. 10-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 10-1990. For breach or violation of this provision the County may, 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. ( signature) Date: STATE OF COUNTY OF PERSONALLY APPEARED BEFORE ME, the undersigned authority, who, after first being sworn by me, affixed hislher signature (name of individual signing) in the space provided above on this day of ,20_. NOTARY PUBLIC My commission expires: OMB - MCP FORM #4