D. County Administrator
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: March 17. 2006
Division:
County Administrator
Bulk Item: Yes ~ No
Department: County Administrator
Staff Contact Person: Connie Cyr
AGENDA ITEM WORDING: Approval of Contract between Robert Reyes of Barreto, Cunningham,
May, Dudley, Maloy & Reyes, LLC and Monroe County Board of County Commissioners for
Windstorm Insurance Legislative and Consulting Services.
ITEM BACKGROUND:
PREVIOUS RELEVANT BOCC ACTION:
CONTRACT/AGREEMENT CHANGES:
ST AFF RECOMMENDATIONS:
TOT AL COST: $30.000.00
BUDGETED: Yes
NoL
COST TO COUNTY:_$30.000.00 SOURCE OF FUNDS: 00101-53031
REVENUE PRODUCING: Yes No -X.. AMOUNT PER MONTH_ Year
APPROVED BY: County Atty _ OMB/Purchasing _ Risk Management _
DIVISION DIRECTOR APPROVAL:
fJ fuuna., 'J Willi,
(Thomas J. Willi)
DOCUMENT ATION:
Included
Not Required_
DISPOSITION:
AGENDA ITEM # b . 3
Revised 2/05
AGREEMENT FOR
CONSULTING SERVICES
for
WINDSTORM INSURANCE
LEGISLA TIVE AND CONSULTING SERVICES
This Agreement r Agreemenr) made and entered into this 17ltl day of March.
2006 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, Aorida,
33040,
AND
Barreto, Cunningham, May, Dudley, Maloy & Reyes, lLC (hereinafter referred to as
"BCMOM&R" or .CONSUL T ANr), a Florida limited [lability corporation, whose address
Is 108 S. Monroe St., Ste. 2(x), Tallahassee, Horida 32301.
WITNESSETH:
WHEREAS, COUNTY desires to employ the professional services of
CONSULT ANT for legislative and consulting services related to windstorm insurance;
and
WHEREAS, CONSULTANT has agreed to provide professional services which
shall include, but not be limited to, lobbying and consulting services to Monroe County
on matters related to Windstorm Insurance as it affects the residents of Monroe County.
, which shall be called the ~Project";
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 CONSULTANT agree as follows:
ARTICLE 1
REPRESENTATIONS AND WARRANTIES
By executing this Agreement. CONSULTANT makes the following express
representations and warranties to the COUNTY;
1.1 The CONSULTANT is professtonalty qualified to act as the CONSULTANT for
the Project and is licensed to provide the designated services by all pubtic
entities having jurisdiction over the CONSULTANT and the Project;
1.2 The CONSULTANT shall maintain all necessary licenses, permits or other
authorizations necessary to act as CONSULT ANT for the Project until the
CONSUL TANrS duties hereunder haw been fully satisfied;
1.3 The CONSULTANT shall prepare all documents required by this Agreement in
such a manner that they shall be accurate, coordinated and adequate for use in
the subsequent implementation phases and shall be in conformity and comply
with all applicable law, codes and regulations. The CONSULTANT warrants that
the documents prepared as a part of this Agreement will be adequate and
sufficient to accomplish the purposes of the Project. therefore. eliminating any
additional cost due to missing or incorrect information;
1.4 The CONSULTANT assumes full responsibility to the extent allowed by law with
regards to his performance and those directly under his employ.
1.5 CONSULTANT is an independent contractor under this Agreement. Services
provided by CONSULTANT shall be subject to the supervision of CONSULTANT.
In providing the services, CONSULTANT and its agents shall not be acting and
shall not be deemed as acting as officers, employees, or agents of the COUNTY,
nor shall they accrue any of the rights or benefits of a COUNTY employee.
ARTICLE II
SCOPE OF SERVICES
2.1 BASIC SCOPE OF SERVICES
The scope of services includes meetings with officials and staff of the Aorida the
Department of Financial Services, Office of Insurance Regulation, and Citizens
Property Insurance Corporation and any otf1er agency or entity that may have
jurisdiction on windstorm matters affecting Monroe County for the purpose of
eliciting from said agencies and corporation action to reduce the windstorm rate in
Monroe County.
CONSULT ANT shall prOvide services as directed by the SOCC and
communicated by the County Administrator or his designee, which
communication may be in writing or orally transmitted. CONSULTANT shall keep
abreast of legislative and executive activities at the State level and keep
COUNTY informed via communications to the County Administrator.
CONSULTANT may, from time to time, transmit to appropriate COUNTY officials
such articles, analyses, and governmental announcements as CONSULTANT
deems re4evant to the Project.
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2.2 COMPLETION DATE
The Project must be completed no later than August 31, 2006, unless extended
in a written amendment to this agreement, executed by both parties.
2.3 WRrnEN NOTICE
Any notices 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 .
All written correspondence to the COU NTY shall be dated and signed by an
authorized representative of the CONSULTANT. The correspondence shall be
directed to:
Mr. Thomas Willi
Monroe County Administrator
11 00 Simonton Street, Room 2-205
Key West, Florida 33040
And Ms. Suzanne Hutton
County Attorney
PO Box , 026
Key West. Florida 33041.1026
Notice to the CONSULTANT shall be delivered to:
Robert Aeyes
108 S. Monroe St.
Ste.200
Tallahassee. Florida 32301
ARTICLE III
ARTICLE VII
COMPENSATlO~
3.1 CONTRACT SUM
The COUNTY shall pay the CONSULTANT. pursuant to the Florida Prompt
Payment Act, upon receiving a proper invoice from CONSULTANT for the faithful
performance of said service on an arrears basis. Invoicing shall be submitted in
monthly installments. Documentation in support of said invoice shall describe the
services rendered during the month covered by the invoice. The total contract
price shall not exceed Thirty Thousand Dollars ($30,000) and costs specified
hereUnder.
Payment is contingent upon annual appropriation by COUNTY.
3.2 REIMBURSABLE EXPENSES
Reimbursable expenses include expenses incurred by the CONSULTANT in the
interest of the project outside of the basic scope of work:
a. Expense of transportation submitted by CONSUL T ANT. in writing, and
living expenses in connection with travel authorized by the COUNTY, in
writing, but only to the extent and in the amounts authorized by Section
112.061. Florida Statutes.
b. Long distance charges, lobbyist registrstionfees, overnight delivery, and
electronic Internet-based services specifically related to the project shall
be reimbursed at cost
~RTICLfi.IV
COUNTY'S RESPON&IBILlTIES
4.1 COUNTY shall provide full information regarding requirements for the Project
including objectives, schedule, constraints and criteria.
4.2 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 CONSULTANT in
order to avoid unreasonable delay in the orderly and sequential progress of the
CONSUL T ANT'S services.
4.3 Prompt written notice shall be given by COUNTY through its representative to
CONSULTANT if COUNTY becomes aware of any fault or defect in the Project
or non-conformance with the Agreement Documents. Written notice shall be
deemed to have been duly served jf sent pursuant to paragraph 2.7.
4.4 The COUNTY shall furnish the required information and services and shall
render approvals and decisions as expeditiously as necessary for the orderly
progress of the CONSULTANT'S services and work of the contractors.
4.5 The COUNTY's review of any documents prepared by the CONSULTANT or its
subconsultants shall be solely for the purpose of determining whether such
documents are generally consistent with the COUNTY's criteria, as, and if,
modified. No review of such documents shall relieve the CONSULTANT of
responsibility for the accuracy, adequacy, fitness, suitability or coordination of its
work product.
4.6 The COUNTY shall provide copies of necessary documents required to complete
the work.
4.7 Any information that may be of assistance to the CONSULTANT to which the
COUNTY has immediate access will be provided as requested.
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A8rlc~ v
INDEMNIACATION AND HOLD HARMLESS
The CONSULTANT covenants and agrees to indemnify, hold harmless and defend
COUNTY, its commissioners, officers, employees, agents and servants from any and all
claims for bodily injury, including death, personal injury, and property damage, including
damage to property owned by Monroe County, and any other losses, damages, and
expenses of any kind. including attorney's fees, court costs and expenses, which arise
out of. in connection with, or by reason of services provided by CONSULT ANT or its
Subcontractor(s) in any tier, occasioned by the negligence, errors, or other wrongful act
or omission of the CONSULTANT, its Subcontractor(s) in any tier. their officers,
employees, servants and agents.
The first ten dollars ($10.00) of remuneration paid to the CONSULTANT is
consideration for the indemnification provided for above.
The extent of lIabflity is in no way limited to, reduced, or lessened by the insurance
requirements contained elsewhere within this agreement.
This indemnification shall survive the expiration or earlier termination of the Agreement.
~
PERSONNE~
6.1 PERSONNEL
The CONSULTANT shall assign only qualified personnel to perform any service
concerning the project At the time of execution of this Agreement, the parties anticipate
that the following named individuals will perform those functions as indicated:
NAME
Robert Reyes
FUNCTION
lobbying of State agencies and
consultation with County Administrator
and BOCC
So long as the individuals named above remain actlvelyemployed or retained by the
CONSULTANT, they shall perform the functions indicated next to their names. If they
are replaced CONSULTANT shall notify COUNTY of the change immediately.
ARTICLE VII
INSURANCE
7.1 The CONSULTANT shall obtain insurance as specified and maintain the required
insurance at aU times that this Agreement is in effect. Professional Liability
Insurance shall also be maintained as specified. In the event the completion of
the project (to include the work of others) is delayed or suspended as a result of
the CONSULTANT'S failure to purchase or maintain the required insurance, the
CONSULTANT shall indemnify the COUNTY from any and all increased
expenses resulting from such delay.
7.2 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.
7.3 CONSULTANT shall obtain and maintain the following policies:
A. Workers' Compensation insurance as required by the State of Florida.
B. Employers Liability Insurance with limits of $100,000 per Accident, $500,000
Disease, policy limits, $100,000 Disease each employee.
C. 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 minimum limits of
$100,000 Combined Single Limit. and if split limits are provided, the minimum
acceptable limits shall be $50,000 per person, $100,000 per occurrence,
$25,000 property damage.
D. 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 CONSULTANT or any of its employees. agents or
subcontractors or sUbconsultants, including Premises and/or Operations,
Independent Contractors; Broad Form Property Damage and a Contractual
liability Endorsement with $300,000 Combined Single limit, , and if split
limits are provided, the minimum acceptable limits shall be $100.000 per
person. $300,000 per occurrence, $50,QOO property damage.
E. COUNTY shall be named as an additional insured with respect to
CONSULTANT'S liabilities hereunder in insurance coverages identified in
Paragraphs C and D.
F. CONSULTANT shall require its subconsultants to be adequately insured at
least to the limits prescribed above, and to any increased limits of
CONSULT ANT if 50 required by COUNTY during the term of this Agreement.
COUNTY will not pay for increased limits of insurance for subconsultants.
G. CONSULTANT shall prOVide to the COUNTY certificates of insurance or a
copy of all insurance policies including those naming the COUNTY as an
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additional insured. The COUNTY reserves the right to require a certified copy
of such policies upon request.
ARTICLE VIII
MISCELLANEOUS
8.1 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 00 used in the interpretation of any
provision of this Agreement
8.2 OWNERSHIP OF THE PROJECT DOCUMENTS
The documents prepared by the CONSULTANT for this Project belong to the
COUNTY and may be reproduced and copied without acknowledgement or
permission of the CONSULTANT.
8.3 SUCCESSORS AND ASSIGNS
The CONSULTANT 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.
8.4 NO THIRD PARTY BENEFICIARIES
Nothing contained herein shall create any relationship, contractual or otherwise,
with or any rights in favor of, any third party.
8.5 TERMINATION
Either party hereto may terminate this Agreement upon giving seven <n days
written notice to the other in the event that such other party substantially fails to
perform its material obligations set forth herein. The COUNTY may terminate this
Agreement without cause upon giving seven (7) days written notice to the
CONSULTANT. If the COUNTY utilizes this provision, the termination shall
supersede any obligation under paragraph 8.14. Termination expenses shall be
paid and shall Include all expenses until date of termination and any additional
services required in order to stop performance of services, subject to audit for
verification ,
8.6 PUBUC 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 buikJing or public work, may
not submit bids on leases of real property to publiC entity, may not be awarded or
penorm 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 of the
Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of
being placed on the convicted vendor list
By signing this Agreement CONSULTANT 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 01 all monies paid hereto, and may result in debarment from
COUNTY's competitive procurement activities.
In addition to the foregoing, CONSULTANT further represents that there has
been no determination, based on an audit, that it or any subconsultant has
committed an ad 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
CONUSUL TANT has been placed on the convicted vendor list.
CONSULTANT wUl promptly notify the COUNTY If it or any subcontractor or
subcon.ultant Is fonnally charged with an ad defined as a "public entity
crime" or has been placed on the convicted vendor list.
8.7 MAINTENANCE OF RECORDS
CONSULTANT shall maintain all books, records, and documents directly
pertinent to performance under this Agreement in accordance with generally
accepted accounting prindples 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 CONSULTANT pursuant to this Agreement
were spent for purposes not authorized by this Agreement, the CONSULT ANT
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.
8.8 GOVERNING LAW, VENUE. INTERPRETATION, COSTS, AND FEES
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
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is instituted for the enforcement or interpretation of this Agreement. COUNTY
and CONSULTANT 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 CONSULTANT agree that,
in the event of conflicting interpretations of the terrTl$ or a term of this Agreement
by or between any of the parties, the isaue shall be submitted to mediation prior
to the institution of any other administrative or legal proceeding.
8.9 SEVERABIUTY
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 provislon 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 CONSULTANT 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.
8.10 ATTORNEY'S FEES AND COSTS
The COUNTY and CONSULTANT 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-prevamng party, and shall include
attorney'. fees. coutts coats, investigative. and out-of-pocket expenses in
appeUate 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.
8.11 BINDING EFFECT
The terms, covenants. conditions. and provisions of this Agreement shall bind
and inure to the benefit of the COUNTY and CONSULTANT and their respective
legal representatives. successors, and assigns.
8.12 AUTHORITY
EaCh party represents and warrants to the other that the execution, delivery and
performance of this Agreement have been duly authorized by all necessary
County and corporate action, as required by law.
8.13 CLAIMS FOR FEDERAL OR STATE AID
CONSULTANT 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 submlSs4on.
8.14 ADJUDICAnON OF DISPUTES OR DISAGREEMENTS
COUNTY and CONSULTANT agree that all disputes and disagreements shaN 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 15 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.
8.15 COOPERATION
In the event any administrative or legal prOceeding is instituted against either
party relating to the formation, execution, performance, or breach of this
Agreement, COUNTY and CONSULTANT 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 CONSULTANT specifically agree
that no party to this Agreement shall be required to enter into any arbitration
proceedings related to this Agreement.
8.16 NONDISCRIMINAnON
CONSULT ANT and COUNTY agree that there will be no discrimination against
any person, and it is expressly understood that upon a determination by a court
of competent jurisdiction that discrimination has occurred, this Agreement
automatically terminates without any further action on the part of any party,
effective the date of the court order, CONSULTANT or COUNTY agrees to
comply with all Federal and Florida statutes, and all locaJ ordinances, as
applicable, relating to nondiscrimination. These include but are not limited to: 1)
Title VI of the CMI 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 use 55. 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 use 8.794), which prohibits
discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975,
as amended (42 USC 58.6101-6107) 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 AJcoholism 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 1912,58,523 and 527 (42 USC 58. 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. €It seq.), as amended,
relating to nondiscrimination in the sale, rents! or financing of housing; 9) The
Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as maybe
amended from time to time. re4al:ing to nondiscrimination on the basis of
disability; 10) Monroe County Code Chapter 13. Article VI, which prohibits
discrimination on the basis of race, color, sex, religion, national origin, ancestry,
sexual orientation. gender identity or expression, familial status or age; 11) Any
other nondiscrimination provisions in any Federal or state statutes which may
apply to the parties to, or the subject matter of. this Agreement
a 17 COVENANT OF NO INTEREST
CONSULTANT and COUNTY covenant that neither presently has any interest.
and shall not acquire any interest, which would conftictin any manner or degree
With its performance under this Agreement, and that only interest of each is to
perform and receive benefits as recited in this Agreement.
8.18 CODE OF ETHICS
COUNTY agrees that officers and employees of the COUNTY recognize and will
be required to comply with the standards of conduct for public officers and
employees as delineated in Section 112.313, Florida Statutes, regarding, but not
limited to, solicitation or acceptance of gifts; doing business with one's agency;
unauthorized compensation; misuse of public position, conflicting employment or
contractual relationship; and disclosure or use of certain information.
8.19 NO SOLICITATION/PAYMENT
The CONSULTANT 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 secu,re 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 consicleration contingent upon or resulting from the award or making of
this Agreement. For the breach or violation of the provision, the CONSULTANT
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.
8.20 PUBUC ACCESS.
The CONSULTANT and COUNTY 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 CONSULTANT 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
CONSULTANT.
8.21 NON-WAIVER OF IMMUNITY
Notwithstanding the provisions of Sec. 768.28, Florida Statutes. the participation
of the CONSULTANT and the COUNTY in this Agreement and the acquisition of
any commercial liability insurance cover.age, self. insurance coverage, or local
government liability insurance ~ 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.
8.22 PRMLEGES AND IMMUNITIES
All of the prMleges 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 emptoyees of
any public agents or emptoyees 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.
8.23 LEGAL OBUGATlONS AND RESPONSIBILITIES
Non~Oelegation 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 constiMion, state
statute, and case law.
8.24 NON-RELIANCE BY NON-PARTIES
No person or entity shall be entitled to rely upon the terms, or any of them, of this
Agreement to enforce or attempt to enforce any third-party claim or entitlement to
or benefit of any service or program contemptated hereunder, and the
CONSULTANT and the COUNTY agree that neither the CONSULTANT 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.
8.25 ATTESTATIONS AND TRUTH IN NEGOTIATION
CONSULTANT agrees to execute such documents as COUNTY may reasonably
require, including a Public Entity Crime Statement, an Ethics Statement, and a
Drug.Free Workplace Statement Signature of this Agreement by CONSULTANT
shall act as the execution of a truth in negotiation certificate stating that wage
rates and other factual unit costs supporting the compensation pursuant to the
Agreement are accurate, complete, and current at the time of contracting. The
original contract price and any additions thereto shall be adjusted to exclude any
significant sums by which the agency determines the contract price was
increased due to inaccurate, lncompfete, or concurrent wage rates and other
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11- '
factual unit costs. All such adjustments must be made within one year following
the end of the Agreement.
8.26 NO PERSONAllIABIUTY
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 shan be liable personally on this Agreement or be subject to any personal
liability or accountability by reason of the execution of this Agreement.
8.27 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 party has caused this Agreement to be exectJted by its
duly authorized representative on the day and year first above written.
(SEAL)
BOARD OF COUNTY
COMISSIONEAS OF
MONROE COUNTY, FLORIDA
Attest: DANNY l. KOlHAGE, Clerk
By:
Deputy Clerk
By:
Mayor/Chairman
UTTON
'S)i.rA"'~~'Z~:~=':'Sarreto, Cunningham. May, Dudley,
Maloy & Reyes, llC
(Seal)
Attest:
BY:
By:_
Title;
Title:
END OF AGREEMENT