11/16/2011 AgreementAGREEMENT FOR RENTAL SERVICES
BETWEEN MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
AND FL KEYS PARTY RENTALS FOR CLIMATE LEADERSHIP SUMMIT
This Agreement is made and entered into this day of Ve rn,&4 , 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 Florida Keys Party Rentals
( "CONTRACTOR ") 7 First Street, Key West, FL 33040.
WHEREAS, COUNTY desires employ the professional services of the CONTRACTOR for facility
services including tent, tables and chairs for the 2011 Y 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 Sumtnit, 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, in order to host the Summit, as currently envisioned, it is necessary to enlist the assistance
of a firm to provide and set up tents, tables, chairs and lighting for the outdoor Luau dinner for the
registrants and participants of the Summit; and
WHEREAS, there are no budgeted COUNTY funds for the Summit; and
WHEREAS, funds for these services will be provided only through paid donations for the event, already
received by the COUNTY; and
WHEREAS, the CONTRACTOR has agreed to provide the tent and related services, and has the
required licenses to perform the services.
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.
1. SCOPE OF THE WORK. CONTRACTOR agrees to provide the rentals and services as
specified in Exhibit "A ".
3. COMPENSATION AND PAYMENTS TO CONTRACTOR.
A. The COUNTY shall pay the CONTRACTOR from funds donated to the COUNTY for the
purpose of hosting the Summit. The CONTRACT amount be a lump sum of $4,992.75, including all set
up services, tent(s), tables, chairs, dinner ware, luau decorations, lighting, tear down fees, and removal.
There shall be no additional expenses for travel, lodging, per diem or any other expenses, as they are
included in the stated total compensation.
C. Final payment to the CONTRACTOR shall be made by COUNTY when the CONTRACT has
been fully performed by the CONTRACTOR. Payment will be made after delivery of goods or services
and upon submission of a proper invoice by CONTRACTOR.
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D. CONTRACTOR shall submit to COUNTY a final invoice with supporting documentation
acceptable to the Clerk. Acceptability to the Clerk is based on generally accepted accounting principles
and such laws, rules and regulations as may govern the Clerk's disbursal of funds.
4. TERM OF AGREEMENT. This Agreement shall commence on November 17, 2011, and ends
upon December 9, 2011, unless terminated earlier under paragraph 18 of this Agreement.
5. ACCEPTANCE OF CONDITIONS BY CONTRACTOR. CONTRACTOR has, and shall
maintain throughout the term of this Agreement, appropriate licenses. Proof of such licenses and
approvals shall be submitted to the COUNTY attached to this agreement.
6. FINANCIAL RECORDS OF CONTRACTOR CONTRACTOR shall maintain all books, records,
and documents directly pertinent to performance under this Agreement in accordance with generally
accepted accounting principles consistently applied. Each party to this Agreement or their authorized
representatives shall have reasonable and timely access to such records of each other party to this
Agreement for public records purposes during the term of the Agreement and for four years following the
termination of this Agreement. If an auditor employed by the COUNTY or Clerk determines that monies
paid to CONTRACTOR pursuant to this Agreement were spent for purposes not authorized by this
Agreement, the CONTRACTOR shall repay the monies together with interest calculated pursuant to Sec.
55.03, FS, running from the date the monies were paid to CONTRACTOR.
7. PUBLIC ACCESS The COUNTY and CONTRACTOR shall allow and permit reasonable access to,
and inspection of, all documents, papers, letters or other materials in its possession or under its control
subject to the provisions of Chapter 119, Florida Statutes, and made or received by the COUNTY and
CONTRACTOR in conjunction with this Agreement; and the COUNTY shall have the right to
unilaterally cancel this Agreement upon violation of this provision by CONTRACTOR.
8. HOLD HARMLESS AND INSURANCE. CONTRACTOR 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 CONTRACTOR occasioned by the negligence, errors, or other
wrongful act of omission of CONTRACTOR, its 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. Failure of CONTRACTOR to comply with the requirements
of this section shall be cause for immediate termination of this agreement.
Prior to execution of this agreement, CONTRACTOR shall furnish the COUNTY Certificates of
Insurance indicating the minimum coverage limitations in the following amounts and naming the Monroe
County as an additional insured
A. WORKERS COMPENSATION AND EMPLOYER'S LIABILTIY INSURANCE.
Where applicable, coverage to apply for all employees at a minimum statutory limits as required by
Florida Law.
B. COMPREHENSIVE AUTOMOBILE VEHICLE LIABILITY INSURANCE. Motor vehicle
liability insurance, including applicable no -fault coverage, with limits of liability of not less than
$1,000,000.00 per occurrence, combined single limit for Bodily Injury Liability and Property Damage
Liability. Coverage shall include all owned vehicles, all non -owned vehicles, and all hired vehicles.
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C. COMMERCIAL GENERAL LIABILITY. Commercial general liability coverage with limits of
liability of not less than ,1,000,000.00 per occurrence combined single limit for Bodily Injury Liability
and Property Damage Liability.
D. CERTIFICATES OF INSURANCE. Original Certificates of Insurance shall be provided to the
COUNTY at the time of execution of this Agreement and certified copies provided if requested. Each
policy certificate shall be endorsed with a provision that not less than thirty (30) calendar days' written
notice shall be provided to the COUNTY before any policy or coverage is canceled or restricted. The
underwriter of such insurance shall be qualified to do business in the State of Florida. If requested by the
County Administrator, the insurance coverage shall be primary insurance with respect to the COUNTY,
its officials, employees, agents and volunteers.
9. NON- WAIVER OF IMMUNITY Notwithstanding the provisions of Sec. 286.28, Florida Statutes,
the participation of COUNTY and CONTRACTOR 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
Agreement entered into by the COUNTY be required to contain any provision for waiver.
10. INDEPENDENT CONTRACTOR At all times and for all purposes under this agreement
CONTRACTOR is an independent 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
CONTRACTOR or any of his employees, subs, servants, or agents to be employees of the Board of
COUNTY Commissioners of Monroe COUNTY.
11. NONDISCRIMINATION COUNTY and CONTRACTOR agree that there will be no
discrimination against any person, and it is expressly understood that upon a determination by a court of
competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without
any further action on the part of any party, effective the date of the court order. COUNTY or
CONTRACTOR agree to comply with all Federal and Florida statutes, and all local ordinances, as
applicable, relating to nondiscrimination.
12. ASSIGNMENT /SUBCONTRACT CONTRACTOR 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 CONTRACTOR, 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.
13. COMPLIANCE WITH LAW AND LICENSE REOUIREMMENTS. In providing all
services /goods pursuant to this agreement, CONTRACTOR shall abide by all statutes, ordinances, rules
and regulations pertaining to, or regulating the provisions of, such services, including those now in effect
and hereinafter adopted. Any violation of said statutes, ordinances, rules and regulations shall constitute a
material breach of this agreement and shall entitle the Board to terminate this Agreement.
CONTRACTOR shall possess proper licenses to perform work in accordance with these specifications
throughout the term of this Agreement.
14. DISCLOSURE AND CONFLICT OF INTEREST CONTRACTOR 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
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thereafter as changes may require, the CONTRACTOR shall notify the COUNTY of any financial
interest it may have in any and all programs in Monroe County which the CONTRACTOR sponsors,
endorses, recormnends, 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 CONTRACTOR 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 tide 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 CONTRACTOR 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.
15. NO PLEDGE OF CREDIT CONTRACTOR 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. CONTRACTOR further warrants and represents that it has no obligation or indebtedness
that would impair its ability to fulfill the terms of this contract.
16. NOTICE REQUIREMENT Any notice required or permitted under this agreement shall be in
writing and hand delivered or mailed, postage prepaid, to the other party by certified mail, returned
receipt requested, to the following:
FOR COUNTY FOR CONTRACTOR:
Debbie Frederick Chris Lakeman
Deputy County Administrator FL Keys Party Rentals
1100 Simonton Street 7 First Street
Key West, Fl. 33041 Key West, FL 33040
17. TAXES COUNTY is exempt from payment of Florida State Sales and Use taxes.
CONTRACTOR shall not be exempted by virtue of the COUNTY'S exemption from paying sales tax to
its suppliers for materials used to fulfill its obligations under this contract, nor is CONTRACTOR
authorized to use the COUNTY'S Tax Exemption Number in securing such materials. CONTRACTOR
shall be responsible for any and all taxes, or payments of withholding, related to services rendered under
this agreement.
18. TERMINATION The COUNTY or CONTRACTOR may terminate this Agreement for cause
with seven (7) days notice to CONTRACTOR. Cause shall constitute a breach of the obligations of either
party to perform the obligations enumerated under this Agreement.
19. GOVERNING LAW, VENUE, INTERPRETATION, COSTS AND FEES This Agreement
shall be governed by and construed in accordance with the laws of the State of, the COUNTY and
CONTRACTOR agree that venue will lie in the appropriate court or before the appropriate administrative
body in Monroe COUNTY, Florida.
20. MEDIATION The COUNTY and CONTRACTOR agree that, in the event of conflicting
interpretations of the terms or a term of this Agreement by or between any of them the issue shall be
submitted to mediation prior to the institution of any other administrative or legal proceeding. Mediation
proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida
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Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe
County.
21. 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 CONTRACTOR
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.
22. ATTORNEY'S FEES AND COSTS. COUNTY and CONTRACTOR 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 and court costs. Each party agrees to pay its own court costs, investigative, and out -of-
pocket expenses whether it is the prevailing party or not, through all levels of the court system.
23. 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.
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 COUNTY and the
CONTRACTOR agree that neither the COUNTY nor the CONTRACTOR 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.
25. ATTESTATIONS. CONTRACTOR agrees to execute such documents as the COUNTY may
reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug -Free
Workplace Statement.
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.
27. 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 CONTRACTOR hereto may execute this
Agreement by singing any such counterpart.
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IN WITNESS WHEREOF COUNTY and CONTRACTOR hereto have executed this Agreement on
the day and date first written above.
(SEAL) .
Attest: DANNY li. I� CLERK
s
Deputy Clerk
Date:
BOARD OF COUNTY
COMMIS ONER
OF MO OIDA
By:
Mayor/
Date: // — /G/
Witnesses for CONTRACTOR:
B
Signature
Date: It l( v
By:
Signature
Date:
PARTY RBKTALS
legally
Date:
to
Print Name
Address: rc�G7
Telephone Number: L dy�
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MONROE COUNTY ATTORNEY
A ROVED AS T FO
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ASSISTANT COUNTRNEY
Date
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PARTY RBKTALS
legally
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MONROE COUNTY ATTORNEY
A ROVED AS T FO
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Date
Page 6 __�
EXHIBIT "A"
__ _ Page 7 _i
OUR
u wr i
, E7tTt?lIOED
imcl
to r
Deea�atlsgs
1
Gum table ddrta for Awd and bev tables
1.0 d
3.00
3.00
50%
1.50
2
17 x 10' barrtboa atrUd"
1.Od
790.00
1,500.00
759E
375.0
For ber ar food sdadarus
8
Par 38 Cans
1.0 d
25.00
200.00
50%
100.00
12
Morale CanlerpWM
1.Od
25.00
300.00
50%
150.00
12
am ahafwa for oerMerpleoas
1.0 d
30.00
360.00
50%
180.00
5
Chairs
TpdWelcon Oent
1.0d
3.00
15.00
50%
7.50
85
CMaumd - SOWN
1.O d
7.50
637.50
50%
31875
85
Moved - Netoral
1.0 d
7.50
837.50
50%
318.78
71
ChIrAM C ushIon kWk ai
1.Od
50%
170
Sc lopbw* - Foki Chains
1.0 d
2.25
382.50
50%
191.25
ate: foam
e
1br bhroen 100 and 170 people
50
CO=%A flowered wM straw
1.0 d
0.75
37.50
50%
18.75
170
Raft ChmW
1.Od
5.50
835.00
50%
487.50
65 of eadu type in sdodc
170
WhMeBab - T
1.Od
0.85
110.50
50%
55.25
between 1 O0 and 170 people
1 70
` Pkws
1.Od
0.45
76.50
50%
36.25
170
White Round Dbxser Phdas -11'
1.O d
0.80
138.00
50%
88.00
170
While Round Salad - r
1.Od
0.45
78.50
50%
38.25
170
Set K fe, Spoon. Dinrw Fork, Salad Fwk
1.Od
1.50
255.00
50%
127.50
170
Rods - OWnand CM 9 oL
1.0 d
0.85
144.50
50%
72.25
Rader of 25
170
WOWGobbls
1.Od
0.40
68.00
50%
34.00
Racks of 25
170
Wine 14 oz
1.Od
0.95
181.50
50%
80.75
Racks of 25
FewMaNPU
1 Standard Deb-ary
Fwnft rs
1.O d
50%
1
Stuck While Set
1.Od
1,800.00
1.800.00
50%
800.00
Ouoiatlon Updated on NOV 311 at 82M
EQUIPRUM TOTAL•
(2) Sods (wphout Arms)
DEL a PICK.tIP:
=100.Ot1
GRAND TOTAL:
j
PAID TO DATft
f 0.00
(4) Small Cubs OIL
8 4,>MZ.75
(2) End Taibes
(2) Chats WIM Amts
8
Parindw U&r4 - per 25 Ft
Cokxw
1.0d
50.00
400. 00
50%
200.00
1
Lanterns 30' � Idnt
.a�ydaw.fued�te
1.Od
250.00
250.00
50%
125.00
Lle»ns to
32
120" Round Poly
2
Ora M Ivan and Ydow
1.Od
1400
448.00
5091
224.00
Whore 80 x 102 Paiy Ivory
170
NapMns.
1.0 d
10.00
20.00
50%
10.00
Tablas
1.0d
o.80
10200
50%
51.00
22
80• Rand T"
2
8 FL Bsngm TaW
1.0d
12.50
275.00
50%
137.50
10
30' Round - 42" ?5gh Coddal Two
1.0d
12.00
24.00
so%
12.00
Twdhv
1.Od
10.00
100.00
50%
50.00
4
Cagmdrai 30 Foot dd..d
1.0d
1,000.00
1.000.00
50%
500.00
THIS COST WILL BE REM EO TO S55
1.od
70.0
280.00
50%
140.00
TOTAL IF THE SKEWALLS ARE Nor USED
"T O
cww bob ON aides of jolt
EQUIPRUM TOTAL•
i{ aws
DEL a PICK.tIP:
=100.Ot1
GRAND TOTAL:
j
PAID TO DATft
f 0.00
BAUftE:
8 4,>MZ.75
a°aMO UPdeted an NOV 311 at 8:22AM