11/16/2011 Agreement DANNY L. KOLHA GE
CLERK OF THE CIRCUIT COURT
DATE: December 5, 2011
TO: Roman Gastesi
County Administrator
ATTN: Connie Cyr
•
Aide to County Administrator
FROM: Pamela G. Hancock, .C.
At the November 16, 2011, Board of County Commissioner's meeting, the Board granted
approval and authorized execution of Item P13 a contract with Kathleen Larocque for speaker
services related to the Climate Leadership Summit being hosted December 8 -9, 2011 by the
County.
Enclosed is a copy 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 ✓
AGREEMENT BETWEEN BOARD OF COUNTY COMMISSIONERS
AND TO SPEAK AT CLIMATE LEADERSHIP SUMMIT
This Agreement is made and entered into this / b' day of 04-eµc (aLt/ , 2011, between
MONROE COUNTY, FLORIDA ( "COUNTY "), a political subdivision of the State of Florida, whose
address is 1100 Simonton Street, Key West, Florida 33040, and Kathleen Larocque, Chief Deputy County
Counsel, County of Sonoma, Office of the County Counsel,575 Administration Drive, Room 105A
Santa Rosa, CA 95403 ( "SPEAKER ").
WHEREAS, the COUNTY desires to have the SPEAKER present at the 3rd Annual Regional Climate
leadership Summit, hereinafter referred to as the "Summit ", in Key Largo on December 8 -9; and
WHEREAS, it serves a public purpose for the COUNTY to host the Summit, as a partner of the Four
County Compact "Compact ", to protect public infrastructure, property, water resources, natural areas and
native species, and basic quality of life; and
WHEREAS, the SPEAKER has agreed to present at the Summit.
NOW THEREFORE, IN CONSIDERDATION of the mutual promises and covenants contained
herein, it is agreed as follows:
1. THE AGREEMENT. The Agreement consists of this document, and its exhibits only.
2. SCOPE OF WORK SPEAKER agrees to speak at the Summit, as requested by the COUNTY.
3. COMPENSATION AND PAYMENTS TO SPEAKER The COUNTY shall pay the
SPEAKER from funds donated to the COUNTY for the purpose of hosting the Summit. COUNTY shall
pay SPEAKER the lump sum of $650.00. There shall be no additional expenses for travel, lodging,
per diem or any other expenses, as they are included in the stated total compensation as full
reimbursement for all of SPEAKER's travel expenses . COUNTY shall pay SPEAKER the lump
sum of $650.00 as full reimbursement for all of SPEAKER's travel expenses.
Payment to the SPEAKER shall be made by COUNTY after the Summit. SPEAKER shall submit to
COUNTY the invoice attached to this CONTRACT as Exhibit "A'.
4. TERM OF AGREEMENT. This Agreement shall commence on November 17, 2011 and end
December 9, 2011.
5. HOLD HARMLESS AND INSURANCE. SPEAKER covenants and agrees to indemnify and
hold harmless Monroe County Board of County Commissioners from any and all claims for bodily injury
(including death), personal injury, and property damage (including property owned by Monroe County)
and any other losses, damages, and expenses (including attorney's fees) which arise out of, in connection
with, or by reason of services provided by SPEAKER occasioned by the negligence, errors, or other
wrongful act of omission of SPEAKER, its employees, or agents.
6. INDEPENDENT CONTRACTOR At all times and for all purposes under this agreement
SPEAKER is an independent CONTRACTOR 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 SPEAKER or any of his employees, subs, servants, or agents to be employees of the Board of
COUNTY Commissioners of Monroe COUNTY.
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7. ASSIGNMENT /SUBCONTRACT SPEAKER shall not assign or subcontract its obligations
under this agreement to others, except in writing and with the prior written approval of the Board of
County Commissioners of Monroe County and SPEAKER, which approval shall be subject to such
conditions and provisions as the Board may deem necessary. This paragraph shall be incorporated by
reference into any assignment or subcontract and any assignee or sub shall comply with all of the
provisions of this agreement. Unless expressly provided for therein, such approval shall in no manner or
event be deemed to impose any additional obligation upon the board.
7. DISCLOSURE AND CONFLICT OF INTEREST SPEAKER represents that it, its directors,
principles and employees, presently have no interest and shall acquire no interest, either direct or indirect,
which would conflict in any manner with the performance of services required by this contract, as
provided in Sect. 112.311, et. seq., Florida Statutes. Upon execution of this contract, and thereafter as
changes may require, the SPEAKER shall notify the COUNTY of any financial interest it may have in
any and all programs in Monroe County which the SPEAKER sponsors, endorses, recommends,
supervises, or requires for counseling, assistance, evaluation, or treatment. This provision shall apply
whether or not such program is required by statute, as a condition of probation, or is provided on a
voluntary basis.
COUNTY and SPEAKER 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 SPEAKER 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.
9. NO PLEDGE OF CREDIT SPEAKER shall not pledge the COUNTY'S credit or make it a
guarantor of payment or surety for any contract, debt, obligation, judgment, lien, or any form of
indebtedness. SPEAKER further warrants and represents that it has no obligation or indebtedness that
would impair its ability to fulfill the terms of this contract.
11. TERMINATION The COUNTY or SPEAKER may terminate this Agreement without cause
with seven (7) days' notice to the other party. If SPEAKER terminates prior to the Summit he agrees to
forfeit any and all compensation.
12. 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; the COUNTY and
SPEAKER agree that venue will lie in the appropriate court or before the appropriate administrative body
in Monroe COUNTY, Florida.
13. 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.
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14. ATTESTATIONS. SPEAKER agrees to execute such documents as the COUNTY may
reasonably require, including a Public Entity Crime Statement, an Ethics Statement, and a Drug -Free
Workplace Statement.
15. 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.
16. EXECUTION IN COUNTERPART. 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 COUNTY and SPEAKER hereto may execute this Agreement by
singing any such counterpart.
S WHEREOF COUNTY and SPEAKER hereto have executed this Agreement on the
written above.
L. KOLHAGE, CLERK
--- Deputy Cl
Date: 1 1 It 6/ I i
Witnesses for SPEAKER:
By: !�(1WZdS Zl�
Signature
Date: H- I It
By:
Signature
Date.- r
BOARD OF COUNTY
COMMISSIONERS
OF MONROE CO TY, FLOIDA
By:
Mayor /or Coun Ad ini for -
Date: /N -
C
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1
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KATHLEE LAROCQUE
By:
j
Signahu a of person authorized to
legally bi IVIDUAL �?
cn
o
Date:
Print Name
Address: J
Telephone Number:
MONROE COUNTY ATTORNEY
A4rPROVED AS TO FORM:
NATILEENE W. CASSEL
ASSISTANT COUNTY ATTORNEY
11- -,v. i ii
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v �
Exhibit "A"
INVOICE
December 10, 2011
To: Monroe County
Attn: Rhonda Haag
1100 Simonton Street, Ste. 2 -283
Key West, FL 33040
From: Kathleen Larocque
Street:
City:
State: Zip:
Due: $650.00
Please pay the sum of $650.00 for speaker costs related to my participation as a speaker at the 3`
Annual Regional Climate Leadership Summit held December 8` -9 There shall be no
additional charges for travel, lodging, per diem or any other expenses, as they are included in the
stated total compensation. I certify that I have provided the services due under this Contract,
which include presenting at the Summit.
0
Kathleen Larocque
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