12/13/2022 Agreement Monroe County Purchasing Policy and Procedures
ATTACHMENT D.5
COUNTY ADMINISTRATOR
CONTRACT SUMMARY FORM FOR CONTRACTS LESS THAN $50,000.00
Contract with: J.J. Keller & Associates, Ins Contract#
Effective Date:
Expiration Date:
Contract Purpose/Description:
J.J. Keller's ortline and video libraries for employee training,
Contract is Original Agreement Contract Amendment/Extension Renewal
Contract Manager: �Me'gah Fiore-Abreu 4587 Employee Services, Stop #1
(Name) (Ext.) (Department/Stop#)
CONTRACT COSTS
Total Dollar Value of Contract: $ Current Year Portion: $
(must be less than$50,000) ������ (If multiyear
unentthen ��� � ��
requires BOCC approval, less the
¢ftflll a lin illi �ti rtikV IK)11o110 a IIa flku Ul
Budgeted? Yes X❑ No ❑
Grant: $NSA County Match: $NSA
Fund/Cost Center/Spend Category: F-001, CC 06500, SC 00036-Other Contractual
ADDITIONAL COSTS
Estimated Ongoing Costs: $ /yr For:
(Not included in dollar value above) (e.g. maintenance,utilities,janitorial,salaries,etc.)
Insurance Required: YES ❑ NO ❑
CONTRACT REVIEW
Changes
Date In Needed Reviewer Date In
Department Head Yes❑No X❑ Bryan Cook Digitallyned Bryan Cook
Date:2022.11.30 10:51:39-05'00'
Oi9ibllY sl9nb by Cynthia L.Hall
County Attorney Yes❑No❑X �'� & ° 1-h w,ynhbo,,�r,b ntth9on�BOCC
S
(� Data 212211 3011.11.36-0500'
M
Risk Management Yes❑No� _ ttt
e y R
Cuneo
Purchasing Yes❑NcZ J u 1 i e C u n eo Date Digital202212.05y11u22.02-05'00'
DigitOMB Yes oZ John Quinn Date:
202212.0bytto49 42 Quinn 05'00'
Comments:
Revised BOCC 8/17/2022
Page 85 of 106
DocuSign Envelope ID:205FA603-AC89-4EB8-9E6D-F82E524F5803
� � Keller
3003 Breezewood Lane, P.O. Box 368
Neenah, Wisconsin 54957-0368
Phone: 920-722-2848
Associates,Inc' Fax: 800-727-7516
Since 1953 jjkeller.com
J. J. KELLER@ TRAINING ON DEMAND
ENTERPRISE ONLINE USE AGREEMENT
This J. J. Keller@ Training on Demand ("TOD") Enterprise Online Use Agreement ("Agreement") allows You to use the TOD
Service as described below.
COMPANY: Monroe County("You") ACCOUNT#: 200092547
CUSTOMER NAME: Megan Fiore-Abreu DATE: 10/3/22
ADDRESS: 1100 Simonton St
CITY, STATE, ZIP: Key West, FL, 33040
1. Service Description and Fees.
A. The Enrollments purchased equate to N/A Learners (based on a per Learner price of$N/A). You may
exceed that number of Learners only to the extent that You have Enrollments.
B. Fees to be paid to J. J. Keller for TOD Enterprise Use are based on the number of Enrollments and Service
Description as stated below:
Number of Enrollments: Enterprise Service Description Annual Fee
Up to 1,999 Enterprise Advanced Online Training $12,400
C. Included in the Service is full access to J. J. Keller's Online and video libraries.
D. The Annual Fee will be $12,400 for a total annual fee of$12,400 plus applicable tax.
E. The Fee is guaranteed for 12 months from the date of this Agreement. J. J. Keller will notify You of
any Fee changes thereafter.
2. Payment. J. J. Keller will invoice You upon execution of this Agreement, and annually thereafter, with payment due
upon receipt of invoice. You may cancel this Agreement no earlier than 6 months following Your signature to this
Agreement. You must provide 60 days'written notice of cancellation.
3. Grant of TOD Enterprise Use License. This License allows You to have more than one registered user. However,
only Your employees in an administrative role (e.g., a Training Coordinator or Assistant Coordinator) should be a
registered user. This license is not intended for all of Your employees that will enroll in training to be registered users
and is limited to the number of Enrollments indicated in 1.13.
4. Protection of Access: You are responsible for notifying J. J. Keller when any of Your registered users should no
longer have access to Service(s). J. J. Keller is not responsible for lost data or any damages caused by registered
users that were authorized to be registered by You. Password sharing is not allowed. Each registered user must have
its own login credentials.
5. Inactive Accounts: If a registered user under this Agreement logs no activity in Service(s) for a period of six (6)
months,J. J. Keller reserves the right to place that registered user in Inactive status. While this Agreement is in effect,
any authorized user in Inactive status will be reinstated to Active status upon Your request to J. J. Keller.
6. Support Services. J. J. Keller will provide You with usual and customary technical support (issues related to
connectivity and access) and content support. In addition, at Your request, J. J. Keller will provide You with
Implementation Services, including initial learner group/course curriculum set-up and configuration, personalized walk-
through of the site, initial employee roster import, and Learning Center Customization.
Unless otherwise set forth in this Agreement, J. J. Keller does not review, audit or verify Your data for accuracy,
completeness, or compliance with laws or regulations.
Copyright 2021 J.J.Keller&Associates,Inc.,Neenah,WI•USA•920-722-2848 (DW 10-11-22)
1
Confidential
DocuSign Envelope ID:205FA603-AC89-4EB8-9E6D-F82E524F5803
7. You acknowledge that You are responsible for ensuring that Your locations have the ability to stream TOD content. If
a location is unable to stream content, You may choose to purchase it from J. J. Keller in another format.
8. Audit. J. J. Keller reserves the right to audit You at any time to ensure compliance with this Agreement. If J. J. Keller
determines any misuse or disregard of the terms of this Agreement, J. J. Keller shall have the right to terminate it and
seek immediate payment of any remaining Monthly Fees and to pursue additional legal remedies as necessary.
9. IN ADDITION TO THIS AGREEMENT, ALL TOD TERMS OF USE FOUND AT https://www.iikeller.com/learn/terms-
conditions#TOD ("ONLINE TOU") APPLY WITH REGARD TO YOUR ACCESS TO AND USE OF TOD. In the event
that this Agreement conflicts with a term in the Online TOU, this Agreement shall control.
OFFER: J. J. Keller's offer to enter into this Agreement is extended for thirty (30) calendar days from the Offer Date stated
below. This offer shall become a binding contract between You and J. J. Keller upon written acceptance by
J. J. Keller at its home office in Neenah, Wisconsin and Your signature below.
Offer Date: 10/3/22 Sales Representative: Ryan Anderson 6159
Agreement Acceptance and Approval:
COMPANY J. J. KELLER -9- ACCnr`IATCC iniC,
DacuSigned by:
} Digitally signed by Roman Gastesi +
Roman Gastesi Date:2022.12.1309:50:08-05'00' t 1(n�yo f� yb4S �i
Signature: Signature: t�' `"-"J!
-�2 EIS111823234 M...
Name: Roman Gastesi Name: Linsey Tomsovic
Title: County Administrator Title: Client Success Manager
Date: December 13, 2022 Date: 11/30/2022
Approved as to form and legal sufficiency:
Monroe County Attorney's Office
Dgt Ily sign d , bby Cy th- ,,r,
DN. -synth L.H Monroe County BOCC,
u=hall y th @m,,roec...ty e gov,-us
it D t 2022.11'00935.02-0500
2
Confidential
DocuSign Envelope ID:205FA603-AC89-4EB8-9E6D-F82E524F5803
ADDENDUM
(State and Local Clauses Only)
The following clauses are added into the attached Agreement as if fully set forth therein:
1. Scope of Services
The phrase "J. J. Keller's Online and video libraries" used in paragraph 1(C) of the
Enterprise Online Use Agreement is defined to mean training courses available in the
course-library as shown in the following location as it exists on October 6, 2022:
I�ffff�p ;// inr�c� ..Ikellllelr�Iraiiniin .coinr�/coulrse Iliil�Iral
2. Florida Public Records law (F.S. 119.0701).
RECORDS- ACCESS AND AUDITS: Pursuant to F.S. 119.0701, Contractor and its
subcontractors shall comply with all public records laws of the State of Florida, including
but not limited to:
a. Keep and maintain public records required by Monroe County in order to
perform the service.
b. Upon request from the public agency's custodian of public records, provide the
public agency 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
Florida Statutes, Chapter 119 or as otherwise provided by law.
c. 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 contractor
does not transfer the records to the public agency.
d. Upon completion of the contract, transfer, at no cost, to Monroe County all
public records in possession of the contractor or keep and maintain public records
required by the public agency to perform the service. If the contractor transfers all public
records to the public agency upon completion of the contract, the contractor shall destroy
any duplicate public records that are exempt or confidential and exempt from public
records disclosure requirements. If the contractor keeps and maintains public records
upon completion of the contract, the contractor shall meet all applicable requirements for
retaining public records. All records stored electronically must be provided to Monroe
County, upon request from the public agency's custodian of records, in a format that is
compatible with the information technology systems of Monroe County.
DocuSign Envelope ID:205FA603-AC89-4EB8-9E6D-F82E524F5803
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 (305) 292-3470, Ii ,,,,,,,III , ,,,,,,°,I ,I[iii„ i irmoniroecount
.fl..g2Y, c/o Monroe County Attorney's Office, 1111 12' St., Suite 408,
Key West FL 33040.
2. F.S. 287.0582, F.S. and Monroe County Purchasing Policy: Monroe County's
performance and obligation to pay under this contract is contingent upon an annual
appropriation by the Monroe County Board of County Commissioners (BOCC).
3. Insurance Requirements (Monroe County Risk Manual): No insurance is
required.
4. Public Entity Crime Statement (required by F.S. 287.133 and Monroe County
Purchasing Policy): A person or affiliate who has been placed on the convicted
vendor list following a conviction for public entity crime may not submit a bid on a
contract to provide any goods or services to a public entity, may not submit a bid on
a contract with a public entity for the construction or repair of a public building or
public work, may not submit bids on leases of real property to public entity, may not
be awarded or perform work as a CONTRACTOR, supplier, subcontractor, or
CONTRACTOR under a contract with any public entity, and may not transact
business with any public entity in excess of the threshold amount provided in Section
287.017, for CATEGORY TWO for a period of 36 months from the date of being
placed on the convicted vendor list. As used herein, the term "convicted vendor list"
means a list maintained by the Florida Department of Management Services, as
defined in F.S. 287.133.
By entering in this Agreement, the vendor acknowledges that it has read the above
and states that neither the vendor nor any Affiliate has been placed on the convicted
vendor list within the last 36 months.
5. Ethics Clause (required by Monroe County Ordinance No. 10-1990): By entering
in this Agreement, the vendor warrants that he/it has not employed, retained or
otherwise had act on his/her behalf any former County officer or employee in violation
of Section 2 of Ordinance No. 010-1990 or any County officer or employee in violation
of Section 3 of Ordinance No. 010-1990. For breach or violation of this provision the
County may, in its discretion, terminate this Agreement without liability and may also,
in its discretion, deduct from the Agreement or purchase price, or otherwise recover,
the full amount of any fee, commission, percentage, gift, or consideration paid to the
former County officer or employee.
DocuSign Envelope ID:205FA603-AC89-4EB8-9E6D-F82E524F5803
6. E-verify requirement (required by F.S. 448.095): Beginning January 1, 2021,
every public employer, contractor, and subcontractor shall register with and use the
E-Verify system to verify the work authorization status of all newly hired employees.
By entering into this Agreement, the vendor certifies that it registers with and uses
the E-Verify system. If the contractor enters into a contract with a subcontractor, the
subcontractor must provide the contractor with an affidavit stating that the
subcontractor does not employ, contract with, or subcontract with an unauthorized
alien. The contractor shall maintain a copy of such affidavit for the duration of the
contract.
7. Scrutinized companies (F.S. 287.135):
a. (Applies to contracts > $1 million): This contract is terminable at the option of
the awarding body if the vendor is found to have submitted a false certification as
defined below, has been placed on the Scrutinized Companies with Activities in
Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum
Energy Sector List as those terms are defined in F.S. 287.135, or been engaged
in business operations in Cuba or Syria.
i. False certification: At the time a company submits a bid or proposal for a
contract or before the company enters into or renews a contract with an
agency or local governmental entity for goods or services of $1 million or
more, the company must certify that the company is not on the Scrutinized
Companies with Activities in Sudan List or the Scrutinized Companies with
Activities in the Iran Petroleum Energy Sector List and that it does not have
business operations in Cuba or Syria. At the time a company submits a bid
or proposal for a contract or before the company enters into or renews a
contract with an agency or local governmental entity for goods or services
of any amount, the company must certify that the company is not
participating in a boycott of Israel. By entering into this agreement, the
vendor certifies that the company complies with these requirements.
b. (Applies to all contracts): This contract is terminable at the option of the
awarding body if the company is found to have been placed on the Scrutinized
Companies that Boycott Israel List as that term is defined in F.S. 287.135 or is
engaged in a boycott of Israel.