11/17/2015 Agreement0
AGREEMENT
BETWEEN
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
AND ELIZABETH FLY
TO SPEAK AT
CLIMATE LEADERSHIP SUMMIT
This Agreement is made and entered into this 17" day of November 2015, between MONROE
COUNTY BOARD OF COUNTY COMMISSIONERS, FLORIDA ( "COUNTY "), a political subdivision
of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040, and Elizabeth
Fly ( "SPEAKER ") whose address is 287 Meeting St., Charleston, SC, 29401.
WHEREAS, the COUNTY desires to have the SPEAKER present at the 7` Annual Regional Climate
leadership Summit, hereinafter referred to as the "Summit ", in Key West on December 1 -3; 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 Eleven Hundred and Eighty Dollars $1180.00) There shall be no
additional expenses for travel, lodging, per diem or any other expenses, as they are included in
the stated total compensation.
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, 2015 and end
December 3, 2015.
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
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to find SPEAKER or any of his employees, subs, servants, or agents to be employees of the Board of
COUNTY Commissioners of Monroe COUNTY.
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.
IN WITNESS WHEREOF COUNTY and SPEAKER hereto have executed this Agreement on the
day and date first written above.
Witnesses for SPEAKER:
By:
Date: b T 'o
MONROE COUPS S TO FORM Y
APP VED A
R M KRIS
PEA' ATTORNEY
ASSISTAN
t��
Date:
BOARD OF COUNTY
COMMISSIONERS
OF MONROE CO A
By:
Mayor /or C unty, Adm i ator
Date: S
ELIZABETH FLY
By.
Signature i
Date: /0 L�
Address: 287 Meeting Street
Charleston, SC, 29401.
Telephone Number: 843 - 953 -2097
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Exhibit "A"
INVOICE
December 4, 2015
To: Monroe County
Attn: Elaine Ferda
1100 Simonton Street, Ste. 2 -283
Key West, FL 33040
From: Elizabeth Fly
287 Meeting St
Charleston, SC 29401
Due: $1180.00
Please pay the sum of $1180 for speaker fees related to my participation as a speaker at the 4th
Annual Regional Climate Leadership Summit held December 1 -3, 2015.
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.
By:
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Form
W -9
Request for Taxpayer
Give Form to the
(Rev. August 2013)
Identification Number and Certification
requester. Do not
Department of the Treasury
send to the IRS.
Internal
Revenue Service
Name (as shown on your income tax return)
Elizabeth Kerrigan Fl
Business name /disregarded entity name, if different from above
N
m
to
°-
Check appropriate box for federal tax classification:
Exemptions (see instructions):
C
O
❑� Individual /sole proprietor ❑ C Corporation ❑ S Corporation ❑ Partnership ❑ Trust/estate
N
p, C
Exempt payee code (if any)
0
❑ Limited liability company. Enter the tax classification (C =C corporation, S =S corporation, P= partnership) ►
Exemption from FATCA reporting
r y
code (if any)
c
a
❑ Other (see instructions) ► County Government
!=
Address (number, street, and apt. or suite no.)
Requester's name and address (optional)
a
8 Heathwood Drive
W
m
City, state, and ZIP code
a)
N
Charleston, SC, 29407
List account number(s) here (optional)
Taxpayer Identification Number (TIN)
Enter your TIN in the appropriate box. The TIN provided must match the name given on the "Name" line j social secunty number 1
to avoid backup withholding. For individuals, this is your social security number However, fora
resident alien, sole proprietor, or disregarded entity, see the Part I instructions on n page 3. For other
entities, it is your employer identification number (EIN). If you do not have a number, see How to get a
TIN on page 3.
Note. If the account is in more than one name, see the chart on page 4 for guidelines on whose
number to enter.
Under penalties of perjury, I certify that:
1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me), and
2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue
Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am
no longer subject to backup withholding, and
3. 1 am a U.S. citizen or other U.S. person (defined below), and
4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct.
Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding
because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage
interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and
generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the
instructions on page 3.
Sign Signature of
Here U.S. person ► fU �C D ►
General Instructions
Section references are to the Internal Revenue Code unless otherwise noted.
Future developments. The IRS has created a page on IRS.gov for information
about Form W -9, at www.irs.gov /w9. Information about any future developments
affecting Form W -9 (such as legislation enacted after we release it) will be posted
on that page.
Purpose of Form
A person who is required to file an information return with the IRS must obtain your
correct taxpayer identification number (TIN) to report, for example, income paid to
you, payments made to you in settlement of payment card and third party network
transactions, real estate transactions, mortgage interest you paid, acquisition or
abandonment of secured property, cancellation of debt, or contributions you made
to an IRA.
Use Form W -9 only if you are a U.S. person (including a resident alien), to
provide your correct TIN to the person requesting it (the requester) and, when
applicable, to:
1. Getty that the TIN you are giving is correct (or you are waiting for a number
to be issued),
2. Certify that you are not subject to backup withholding, or
withholding tax on foreign partners' share of effectively connected income, and
4. Certify that FATCA code(s) entered on this form (if any) indicating that you are
exempt from the FATCA reporting, is correct.
Note. If you are a U.S. person and a requester gives you a form other than Form
W -9 to request your TIN, you must use the requester's form if it is substantially
similar to this Form W -9.
Definition of a U.S. person. For federal tax purposes, you are considered a U.S.
person if you are:
• An individual who is a U.S. citizen or U.S. resident alien,
• A partnership, corporation, company, or association created or organized in the
United States or under the laws of the United States,
• An estate (other than a foreign estate), or
• A domestic trust (as defined in Regulations section 301.7701 -7).
Special rules for partnerships. Partnerships that conduct a trade or business in
the United States are generally required to pay a withholding tax under section
1446 on any foreign partners' share of effectively connected taxable income from
such business. Further, in certain cases where a Form W -9 has not been received,
the rules under section 1446 require a partnership to presume that a partner is a
foreign person, and pay the section 1446 withholding tax. Therefore, if you are a
U.S. person that is a partner in a partnership conducting a trade or business in the
United States, provide Form W -9 to the partnership to establish your U.S. status
and avoid section 1446 withholding on your share of partnership income.
3. Claim exemption from backup withholding if you are a U.S. exempt payee. If
applicable, you are also certifying that as a U.S. person, your allocable share of
any partnership income from a U.S. trade or business is not subject to the
Cat. No. 10231X Form W-9 (Rev. 8 -2013)