05/29/2019 Agreement BOARD OF COUNTY COMMISSIONERS
County of Monroe Mayor Sylvia J.Murphy,District 5
The Florida Keys Mayor Pro Tern Danny L. Kolhage,District 1
s Michelle Coldiron,District 2
Heather Carruthers,District 3
-potDavid Rice,District 4
Monroe County
Board of County Commissioners
Office of the County Administrator
The Historic Gato Cigar Factory
1100 Simonton Street, Suite 205
Key West,FL 33040
(305)292-4441 —Phone
(305)292-4544-Fax
MEMORANDUM .
TO: Pam Hancock, Deputy Clerk
FROM: Lindsey Ballard, Aide to County Administrator
DATE: May 30, 2019
SUBJECT: Small Contract
Small contract for your records only.
Enclosures:
SH 3 LTD.= 1 copy enlcosed
Monroe County Purchasing Policy and Procedures
ATTACHMENT D.6
COUNTY ADMINISTRATOR
CONTRA(' I SUM MAR _FORM FOR CONTRACTS LESS THAN $50,000.00
Contract with: -S"4-1 ,J'T Contract#
Effective Date: 671 f ,201
Expiration Date: �� // g-p 0
Contract Purpose/Description:
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(A.1 L�€1.. c�.�c� /2c o� Goc��t`�y (ov p r wt , { essf-t,"'',
.)or/C ^ i.vte> Dr- er524 ct1�
Contract is Original Agreement Contract Amendment/Extension Rene yal
Contract Manager: a i 6 3 S
(Name) (Ext.) (Department/Stop#)
CONTRACT COSTS
Total Dollar Value of Contract: $ A �� Current Year Portion: $
(must he less than$50.000) /W� sle ., (If multiyear agreement then
cafeid requires BOCC approval,unless the
Total cumulative amount is less than
tirC'l' 50,00
Budgeted? Yes❑ No [� Account odes: - - -
Grant: $ -
County Match: $ //4 - - - -
ADDITIONAL COSTS
Estimated Ongoing Costs: $ /yr For:
(Not included in dollar value above) (e.g.maintenance, utilities,janitorial,salaries,etc.)
CONTRACT REVIEW
Changes Date Out
Date In Needed wer
Department Head dy.7.6—, Yes❑ No❑ '7-0Pc-0��'
Risk Management Sc —( I Yes❑ No[2( al—(Cj
O.M.B./Purchasing 5I7)1G1 Yes J No[� tiiet 5640
County Attorney SA III Yes NoZ w,. 0`' (i ,ti J - 2,3-o1.0)1
Comments:
Page 67 of 70
AGREEMENT
THIS AGREEMENT, made and entered into as of this,the AP' day of m , V lcl by and between SH 3
Ltd., 506 Fleming St., Key West, FL 33040 d/b/al Hyatt Place Marathon (hereinafter referred to as "Hotel")and
Monroe County Board of County Commissioners(BOCC), hereinafter referred to as "County".
WHEREAS,in the event of a storm,the County needs to rent lodging accommodations for its emergency workers
and Monroe County employees returning to the County to perform essential work in order to be able to provide
County services, many but not all of whom will be working in or near the County Emergency Operations Center in
Marathon, Florida; and
WHEREAS, Hyatt Place is located in Marathon, currently has a total of 125 rooms, has made the hotel available
during previous storms, and is willing to make the hotel rooms available again in the future should the County need
rooms for its emergency workers in the event of a disaster.
NOW THEREFORE,in consideration of the mutual promises and covenants contained herein,the parties hereby
agree as follows:
1.0 Description of Goods/Services. The Hotel will provide accommodation (lodging)for County employees and County
contractors in two groups. The first group will consist of County emergency workers designated to remain in-County
during an incident. The second group will consist of County employees called back to work in the County to perform
essential work in order to provide County services. Lodging can reasonably be expected to begin one week before an
incident(e.g., up to one week before expected landfall of a hurricane), and will continue for an indefinite period of
time.
2.0 Designated Point of Contact. The Hotel and the County will each provide a Designated Point of Contact and shall
provide each other with all communication methods. The County Point of Contact will liaise with the Designated Point
of Contact for the Hotel,to provide a list of room needs and room assignments. Both Designated Points of Contact
will work with each other to resolve any issues that arise.
3.0 Term. This Agreement is effective from June 1, 2019 through December 31, 2019 ("Initial Term"). At the end of the
Initial Term this Agreement can be renewed in writing for additional periods ("Renewal Terms")of one(1)year each,
subject to the mutual agreement of the parties.
4.0 Fees, Invoices.
a) In the event that the Hotel is open, but has no electricity, all Hotel rooms will be billed at$99.00 per night
("Room Charge").
b) In the event that the Hotel is open providing limited service and electricity and water have been restored, all
Hotel rooms will be billed at$129.00 per night("Room Charge").
c) In the event that the Hotel is open with normal operation and serving breakfast, all Hotel rooms will be billed
at$159.00 per night("Room Charge").
d) Any personal expenses above and beyond the Room Charge that are incurred by individual guests (e.g.,
phone charges, meals)are the strict responsibility of the individual guest and must be paid for by the
individual guest. Hotel staff may request a personal credit card from guests upon check-in,which shall be
used to pay for individual charges. The County will only pay for rooms that are utilized, up to the Room
Charge.
e) All Room Charges will be paid for by the County upon presentation of an invoice, in accordance with the
Florida Local Government Prompt Payment Act. The invoices must be delivered to: Monroe County, Office
of Management& Budget, 1100 Simonton St., Suite 2-213, Key West, FL 33040, attn: Budget Director. Each
invoice must list the rooms(including room numbers)covered in the invoice,dates of service,the name of the
person assigned to the room, and the Room Charge.
f) The County is exempt from sales and use taxes. A copy of the tax exemption certificate will be provided upon:-
request.
g) The Hotel and County Designated Points of Contact shall mutually agree upon a maximum check-out date.
Guests who wish to extend their stay at the Hotel may do so at the Hotel's discretion and the guest's financial
resources, and at the room rate established by the Hotel.
h) The maximum amount that can be charged under this Contract is$49,999.99.
i) Both parties understand that during a storm,the usual services and amenities available at the Hotel may not
be available, including power,water,wastewater,food, and internet. Therefore,this Agreement covers use of
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the room,without any expectation of the other amenities. However,the Hotel will use its best efforts to
provide the amenities as possible.
5.0 Miscellaneous.
5.1 Assignment. Neither party may assign (voluntarily, by operation of law,or otherwise)this Agreement(or any
rights or obligations contained herein)without the prior written consent of the other party,whose consent shall not
be unreasonably withheld. Any permitted assignee shall assume all obligations of its assignor under this
Agreement. Any purported assignment or transfer in violation of this section shall be void.
5.2 Entire Agreement. This Agreement is the entire agreement between the parties.This Agreement supersedes all
prior or contemporaneous oral or written communications, proposals, and representations with respect to the
subject matter covered by this Agreement. The terms and conditions of this Agreement can only be modified via
a written agreement signed by all parties.
5.3 Counterparts. This Agreement may be executed by the parties in separate counterparts each of which when so,
executed and delivered shall be an original, but all such counterparts together shall constitute but one and the
same instrument.
5.4 Notices. Any notice, communication or payment required under this Agreement shall be addressed as follows:
Client: Vendor:
Monroe County BOCC SH 3 Ltd.
1100 Simonton Street 506 Fleming St.
Key West, FL 33040 Key West, FL 33040
Attn: Roman Gastesi, County Administrator Attn:
5.5 Federal and State Required Contract Clauses. The clauses included in Attachment A are required by federal or
state statute and are incorporated in this Agreement by reference.
IN WITNESS WHEREOF,the parties have caused this Agreement to be executed the date set forth below.
The parties hereby agree and consent to the terms and conditions of the Agreement and acknowledge such by executing
the.Agreement below.
Executed by: Monroe Coun BOCC Accepted By: SH 3, Ltd.d/b/a Hyatt Place Marathon
Signature: `/� /.L /i/
Signature: VA04AX-
Acting County Administrator Printed Name: Roman Gastesi Printed Name: (CV` 1I ' .,Y rvkan
Title: County Administrator Title: `-��:.Y ���� ✓
Date ^� Date 5-1% -19
Signed: 5 129 120 9 Signed:
KfttrLikA.Ch I FL 3 3U‘oo
Address: 1100 Simonton Street Address: l��y��S Key West,FL 33040 t V 11�1 �"ll
Email: Gastesi-roman@monroecounty-fl.gov Email: MW.V Y' Q S Ila 1 nA
MOAPPO COpDUqN�TSY A TOO Y
f=.
74
Dale: -
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ATTACHMENT A
FEDERAL AND STATE CONTRACT CLAUSES
1.0 Provisions Required by 2 CFR part 200.
1.1 Termination: Either party may terminate this Agreement without cause upon ninety (90) days' notice of
intention to do so to the other party; however, this provision may not be exercised during hurricane season (June
1 to November 30) unless both parties mutually agree to terminate. In the event of termination, the County shall
owe for all goods and services delivered prior to the date of termination.
1.2 Equal Employment Opportunity, No Discrimination. During the performance of this Agreement, the
CONTRACTOR agrees as follows:
a) The contractor will not discriminate against any employee or applicant for employment because of race,
color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take
affirmative action to ensure that applicants are employed, and that employees are treated during
employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or
national origin. Such action shall include, but not be limited to the following: Employment, upgrading,
demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other
forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post
in conspicuous places, available to employees and applicants for employment, notices to be provided by
the contracting officer setting forth the provisions of this nondiscrimination clause.
b) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the
contractor, state that all qualified,applicants will receive consideration for employment without regard to
race, color, religion, sex, sexual orientation, gender identity, or national origin.
c) The contractor will not discharge or in any other manner discriminate against any employee or applicant
for employment because such employee or applicant has inquired about, discussed, or disclosed the
compensation of the employee or applicant or another employee or applicant. This provision shall not
apply to instances in which an employee who has access to the compensation information of other
employees or applicants as a part of such employee's essential job functions discloses the compensation
of such other employees or applicants to individuals who do not otherwise have access to such
information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an
investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is
consistent with the contractor's legal duty to furnish information.
d) The contractor will send to each labor union or representative of workers with which it has a collective
bargaining agreement or other contract or understanding, a notice to be provided by the agency
contracting officer, advising the labor union or workers' representative of the contractor's commitments
under section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in
conspicuous places available to employees and applicants for employment.
e) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the
rules, regulations,and relevant orders of the Secretary of Labor.
f) The contractor will furnish all information and reports required by Executive Order 11246 of September
24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will
permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor
for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
g) In the event of the contractor's non-compliance with the nondiscrimination clauses of this contract or with
any of such rules, regulations, or orders, this contract may be canceled, terminated or suspended in
whole or in part and the contractor may be declared ineligible for further Government contracts in
accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other
sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September
24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
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1.3 OTHER FEDERAL CONTRACT REQUIREMENTS
The Hotel and its subcontractors must follow the provisions as set forth in Appendix II to Part 200, as amended,
including but not limited to:
A. Hotel agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean
Air Act(42 U.S.C.7401-7671q)and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387)
and will reports violations to FEMA and the Regional Office of the Environmental Protection Agency(EPA).
B. Debarment and Suspension(Executive Orders 12549 and 12689)—A contract award (see 2 CFR
180.220) must not be made to parties listed on the govemmentwide exclusions in the System for Award
Management(SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders
12549 (3 CFR part 1986 Comp., p. 189)and 12689(3 CFR part 1989 Comp., p. 235), "Debarment and
Suspension."SAM Exclusions contains the names of parties debarred, suspended,or otherwise excluded by
agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order
12549.
C. Americans with Disabilities Act of 1990(ADA)—The Hotel will comply with all the requirements as
imposed by the ADA,the regulations of the Federal government issued thereunder, and the assurance by the
Hotel pursuant thereto.
D. Disadvantaged Business Enterprise(DBE) Policy and Obligation- It is the policy of the County that
DBE's,as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance
of contracts financed in whole or in part with County funds under this Agreement.The DBE requirements of
applicable federal and state laws and regulations apply to this Agreement.The County and its Hotel agree to
ensure that DBE's have the opportunity to participate in the performance of this Agreement. In this regard,all
recipients and contractors shall take all necessary and reasonable steps in accordance with applicable federal
and state laws and regulations to ensure that the DBE's have the opportunity to compete for and perform
contracts.The County and the Hotel and subcontractors shall not discriminate on the basis of race, color, national
origin or sex in the award and performance of contracts, entered pursuant to this Agreement.
E. The Hotel shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the
employment eligibility of all new employees hired by the Contractor during the term of the Contract and shall
expressly require any subcontractors performing work or providing services pursuant to the Contract to likewise
utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new
employees hired by the subcontractor during the Contract term.
1.4 Florida Public Records Requirements:
Pursuant to F.S. 119.0701 and the terms and conditions of this contract,the Hotel is required to:
(1) Keep and maintain public records that would be required by the County to perform the service.
(2) Upon receipt from the County's custodian of records, provide the County with a copy of the requested records
or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the
cost provided in this chapter or as otherwise provided by law.
(3) Ensure that public records that are exempt or confidential and exempt from public records disclosure
requirements are not disclosed except as authorized by law for the duration of the contract term and following
completion of the contract if the Hotel does not transfer the records to the County.
(4) Upon completion of the contract,transfer,at no cost,to the County all public records in possession of the
Hotel or keep and maintain public records that would be required by the County to perform the service. If the
Hotel transfers all public records to the County upon completion of the contract,the Hotel shall destroy any
duplicate public records that are exempt or confidential and exempt from public records disclosure
requirements. If the Hotel keeps and maintains public records upon completion of the contract,the Hotel shall
meet all applicable requirements for retaining public records.All records stored electronically must be
provided to the County, upon request from the County's custodian of records, in a format that is compatible
with the information technology systems of the County.
(5) A request to inspect or copy public records relating to a County contract must be made directly to the County,
but if the County does not possess the requested records,the County shall immediately notify the Hotel of the
request, and the Hotel must provide the records to the County or allow the records to be inspected or copied
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within a reasonable time.
If the Hotel does not comply with the County's request for records,the County shall enforce the public records
contract provisions in accordance with the contract, notwithstanding the County's option and right to
unilaterally cancel this contract upon violation of this provision by the Hotel.A Hotel who fails to provide the
public records to the County or pursuant to a valid public records request within a reasonable time may be
subject to penalties under section119.10, Florida Statutes.
The Hotel shall not transfer custody, release, alter,destroy or otherwise dispose of any public records unless or
otherwise provided in this provision or as otherwise provided by law.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION
OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY
TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT,
CONTACT THE CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY
AT PHONE# 305-292-3470 BRADLEY-BRIAN@MONROECOUNTY-
FL.GOV, MONROE COUNTY ATTORNEY'S OFFICE 1111 12TH Street,
SUITE 408, KEY WEST, FL 33040.
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