03/21/2006
DANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE:
April 27,2006
TO:
Thomas Willi
County Administrator
ATTN:
FROM:
Connie Cyr
Aid to County Administrator
Pamela G. Hanc~
Deputy Clerk
At the March 21, 2006, Board of County Commissioners meeting the Board granted
approval and authorized execution, contingent upon AIS' ability to do business in the State of
Florida, of an Agreement between Monroe County and AIS Risk Consultants for Windstorm
Insurance Actuarial Consulting Services.
Enclosed is a duplicate original of the above-mentioned for your handling. Should you
have any questions please do not hesitate to contact this office.
cc: County Attorney
Finance
File \I'"
AGREEMENT FOR
CONSULTING SERVICES
for
WINDSTORM INSURANCE
ACTUARIAL CONSULTING SERVICES
This Agreement ("Agreement") made and entered into this 21 st 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, Florida, 33040,
AND
AIS Risk Consultants ("Consultant"), a foreign corporation registered to do business in
the State of Florida, whose address is 4400 US Highway 9 South, Suite 1200, Freehold, New
Jersey 07728.
WITNESSETH:
WHEREAS, COUNTY desires to employ the professional services of CONSULTANT for
actuarial consulting services related to windstorm insurance; and
WHEREAS, CONSULTANT has agreed to provide professional services which shall
include, but not be limited to an actuarial study of 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 professionally qualified to act as the CONSULTANT for the
Project and is licensed to provide the designated services by all public 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 CONSULTANT for the Project until the CONSULTANT'S duties
hereunder have been fully satisfied;
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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. SeNices provided
by CONSULTANT shall be subject to the supeNision of CONSULTANT. In providing the
seNices, 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 seNices includes an actuarial review of the Citizens Property Insurance
rate filing for Monroe County and providing a written report on windstorm matters
affecting Monroe County for the purpose of eliciting from state regulatory agencies and
Citizens Property Insurance Corporation action to reduce the windstorm rate in Monroe
County.
CONSULTANT shall provide seNices as directed by the SOCC and communicated by
the County Administrator or his designee, which communication may be in writing or
orally transmitted. CONSULTANT may, from time to time, transmit to appropriate
COUNTY officials such articles, analyses, and governmental announcements as
CONSULTANT deems relevant to the Project.
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 WRITTEN NOTICE
Any notices sent by the parties shall be deemed to have been duly seNed 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 COUNTY shall be dated and signed by an authorized
representative of the CONSULTANT. The correspondence shall be directed to:
Mr. Thomas Willi
Monroe County Administrator
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1100 Simonton Street, Room 2-205
Key West, Florida 33040
And Ms. Suzanne Hutton
County Attorney
PO Box 1026
Key West, Florida 33041-1026
Notice to the CONSULTANT shall be delivered to:
Allan I. Schwartz
AIS Risk Consultants
4400 US Highway 9 South, Suite 1200
Freehold, New Jersey 07728.
ARTICLE III
ARTICLE VII
COM PENSA TION
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 Fifty Thousand
Dollars ($50,000) 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 CONSULTANT, 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 registration fees, overnight delivery, and
electronic Internet-based services specifically related to the project shall be
reimbursed at cost.
ARTICLE IV
COUNTY'S RESPONSIBILITIES
4.1 COUNTY shall provide full information regarding requirements for the Project including
objectives, schedule, constraints and criteria.
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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 CONSULTANT'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 if 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.
ARTICLE V
INDEMNIFICATION 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 CONSULTANT 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 liability 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.
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ARTICLE VI
PERSONNEL
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 the services at the following billing rates:
NAME
A. Schwartz
R. Boer
K. Tollar
M. Dwier
RA TES(per hour)
$350
$275
$175
$175
If the individuals named above 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 all 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
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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, $50,000 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 CONSULTANT if so
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 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 be 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.
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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 (7) 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 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, 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 of 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 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 CONUSUL T ANT has been
placed on the convicted vendor list.
CONSULTANT will promptly notify the COUNTY if it or any subcontractor or
subconsultant is formally charged with an act 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
principles consistently applied. Each party to this Agreement or its authorized
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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
CONSULTANT 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 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
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.
8.9 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
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-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.
8.11 BINDING EFFECT
The terms, covenants, conditions, and provisions of this Agreement shall bind and inure
to the benefit of the COUNTY and CONSUL TANT and their respective legal
representatives, successors, and assigns.
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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 submission.
8.14 ADJUDICATION OF DISPUTES OR DISAGREEMENTS
COUNTY and CONSULTANT 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 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 NONDISCRIMINATION
CONSULTANT 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 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. 1681-1683, 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
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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 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) 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.
8.17 COVENANT OF NO INTEREST
CONSULTANT and COUNTY covenant that neither presently has any interest, and shall
not acquire any interest, which would conflict in any manner or degree with its
performance under this Agreement, and that only interest of each is to perform and
receive benefits as recited in this Agreement.
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 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 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 PUBLIC 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.
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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 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.
8.22 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.
8.23 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.
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 contemplated 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, incomplete, or
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concurrent wage rates and other factual unit costs. All such adjustments must be made
within one year following the end of the Agreement.
8.26 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.
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 executed by its duly
authorized representative on the day and year first above written.
(SEAL)
Attest: DANNY L. KOLHAGE, Clerk
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Deputy Clerk
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END OF AGREEMENT
Date
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