12/04/2019 Agreement COUNTY ADMINISTRATOR
CONTRACT SUMMARY FORM FOR CONTRACTS LESS THAN $50,000.00
ax � e Contract with: Robe _ ntract
_.,. ....,.,�..�.
Effective Date. Upon execution by legal
xpiration Date: 12/5/2019
Contract Purpose/Description:.
- ,.-,,,,
Speaker Fee for Robert Max Holmes(as seen on CBS 60 minutes) on the Permafrost
Problem: Understanding the Magnitude of the Challenge panel on 12/4/2019 from 11:00
am-12:00 pm at the I Ph Annual Southeast Florida Regional Climate Leadership Summit
hosted b Monroe Count .. mm-mm.. mm-
Contract is Original Agreement Contrlct Amendment/Extension Renewal
Contract Manager: Angela Steiner 8753 Sustainabilit /#26
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(Name) (Ext.) (Department/Stop#)
CONTRACT COSTS
Total Dollar Value of Contract: $ $3,500.00 Current Year Portion: $ n/a
(must be less than 50,000) (If multiyear agreement then
requires BOCC:approval,unless the
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.... ............,...---- .---,. I�S 10,ll�V 01 CAB:)
Budgeted? Yes® No [IAccount Codes: 158 - 06047-530490
Grant: $ n/a - - - -
CountyMatch: $ n/a.......................................................................... ...............................
_..... .
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ADDITIONAL COSTS
Estimated Ongoing Costs: $ji a/yr For: n/a
(Not included in dollar value above) iu.maintenance,utilities, janitorial,salaries,etc.)
CONTRACT REVIEW
Changes Date Out
Date In Needed R ewer
Department Head Yes❑No'
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Risk Management Yes❑ No -
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..d
O.M.B./E'urchasing � >�� Yes❑ No '1
County Attorney Yes❑ 09
Comments:
ATTACHMENT D.6
AGREEMENT BETWEEN MONROE COUNTY AND
ROBERT MAX HOLMES TO SPEAK AT
THE I I1h ANNUAL SOUTHEAST FLORIDA REGIONAL
CLIMATE CHANGE LEADERSHIP SUM[MIT
This Agreement is made and entered into this day of 2019,
Between MONROE COUNTY, FLORIDA ("COUNTY"), a political subdivision of the State of
Florida, whose address is 1100 Simonton Street, Key West, Florida 33040, and Robert Max
Holmes of Woods Hole Research Center ("SPEAKER") whose address is 933 Falmouth Hwy,
Falmouth, MA 02540.
WHEREAS, the COUNTY desires to have the SPEAKER present at the 11'h Annual Southeast
Florida Regional Climate Change Leadership Summit, hereinafter referred to as the"Summit",in
Key West on December 3-5, 2019;and
WHEREAS, it serves a public purpose for the COUNTY to host the Summit, as a partner of the
Four County Southeast Florida Regional Climate Change Compact, hereinafter referred to as the
"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 CONSIDERATION of the mutual promises and covenants contained
herein, it is agreed as follows:
1. THE AGREEMENT. The Agreement consists of this document and its exhibit(s)only.
2. SCOPE OF WORK. SPEAKER agrees to speak at the Summit, as requested by
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$3,500.00 and is providing lodging at the
Casa Marina Resort for SPEAKER from December 3, 2019—December 5, 2019. 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 execution and end on
D mber 5 2019.
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5. HOLD HARMLESS AND INSURANCE. SPEAKER covenants and agrees to
indemnify and hold harmless the COUNTY and the COUNTY's elected and appointed
officers and employees harmless from and against from any and all claims for bodily injury
(including death), personal injury, and property damage (including property owned by
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 acts of omission of SPEAKER, its
employees, or agents.
6. INDEPENDENT CONTRACTOIL At all times and for all purposes under this
agreement SPEAKER is an independent contractor and not an employee of the 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 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 County and SPEAKER, which approval shall be subject to such conditions
and provisions as the County 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 County.
S. DISCLOSURE AND CONFLICT OF INTEREST. SPEAKER represents that it, its
directors,principals 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
the 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.
9, 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 this
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,.
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10, PLEDGE OF CREDILSPEAKER 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 s/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 I1VIlViUNITIES. All of the privileges and immunities from liability,
exemptions from laws, ordinances, and rules and pensions of 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.
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 the
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 COUNTY and SPEAKER hereto may
execute this Agreement by signing any such counterpart.
17.N N-W IVE . Notwithstanding the provisions of Sec. 768.28,
Florida Statutes,the participation of the County and the 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
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immunity to the extent of liability coverage, nor shall any contract entered into by the
County be required to contain any provision for waiver„
IS, NOTICE -Any notice of other communication from either party to the other pursuant to
this agreement is sufficiently given or communicated if sent by registered mail,with proper
postage and registration fees prepaid, addressed to the party for whom intended, at the
following addresses:
For County: For Speaker:
County Administrator Robert Max Holmes
1100 Simonton Street 933 Falmouth Highway
Key West,FL 33040 Falmouth,MA 02540
And
Monroe County Attorney's Office
1111 12th St., Suite 408
Key West,Fl. 33040
or to such other address as the party being given such notice shall from time to time
designate to the other by notice given in accordance herewith.
1.9„ SEVERABR ITY. 1f 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
Speaker 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.
20. ATTORNEY'ATTORNEY's FEES and COSTS The County and Speaker 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.
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IN WITNESS WHEREOF COUNTY and SPEAKER hereto have executed this Agreement on the
day and date first written above
BOARD OF COUNTY
(SEAL) COMMISSIONERS
Attest: Kevin Madok,Clerk OF MONROE COUNTY,FLORIDA
By:
By:
Deputy Clerk Mayor or County Administrator
Date:
Date: , 1 t
Witnesses for SPEAKER: SPEAKER
By;
B "
gnal�"e
Signature of person authorized
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� s to legally bind INDIVIDUAL
Date: V ega !
Date:
Uy m AAr�`'"By:
Signature Print Name
Date: Now.M o D Address: 9 25a t'J �•l s� "
Telephone Number: °°^
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Exhibit"A"
INVOICE
December 5, 2019
To: Monroe County
Attn: Rhonda Haag,Sustainabillity
1100 Simonton Street,Ste, 2-283
Key West,FL 33040
From: Max Holmes
Street: 933 W. Falmouth
City: --Ealmautb
State: MA Zipcode-. 02540
Due., $3500.00
Please pay the sum of$3500.00 for speaker fees related to my participation as a speaker at the
I I Ih Annual Southeast Florida Regional Climate Leadership Summit held December 3-5,2019.
There shall be no additional charges for travel, lodging,per them 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 including presenting at the Summit
By,. —-----
Max Holmes
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