03/22/2023 Agreement Monroe County Purchasing Policy and Procedures
ATTACHMENT D.5
COUNTY ADMINISTRATOR
CONTRACT SUMMARY FORM FOR CONTRACTS LESS THAN $50,000.00
Contract with:Lower Keys Rotary, Contract#
Effective Date: march 22,2028
Expiration Date:fig^31,2023
Contract Purpose/Description:
Monroe County,ist contracting with Lower Keys Rotary for enhancements to the 3rd of,July
celebration at Big Pine Key Community Perk. The event marks the 200th anniversary of
Monroe County,becoming a territory of Florida, Fundin is through the TIC.
Contract is Original Agreement Contract Amendment/Extension Renewal
Contract Manager: Kristen Livengood 05-660-8226 PI0- Marathon Gov't Cent
Name Ext. De artment Sto #
CONTRACT COSTS
Total Dollar Value of Contract: $ 49 6g g0 Current Year Portion- $ 48 969 gg
(must be less than$50,000) (if multiyear agreement then
requires BOCC approval,miles the
u' d c Ache daO� v°,wmo lnn is li SS th!W
-"O 000
Budgeted?Yes❑■ No ❑
Grant: $0 County Match: $
Fund/Cost Center/Spend Category: TDC 115,T5042- C000: 9.
ADDITIONAL COSTS
Estimated Ongoing Costs: $ /yr For:
(Not included in dollar value above) (e.g. maintenance,utilities,janitorial, salaries,etc.)
Insurance Required: YES 0 NO ❑
CONTRACT REVIEW
Reviewer Date In
Kristen Liven ood Digitally signed by Kr's'e"Livengaod
Department Head Signature: g Dale:2023.03.2812:57:52-04'00'
County Attorney Signature: Robert B. Shillinger
Risk Management Signature:
lb—
Purchasing Signature: Lisa Abreu Digitally 202lg03.291ad by laaA9-
�+ �I /-� Dale:2023.03.2914:17:19-04'00'
nn
OMB Signature: John Quinn Digitally 202ig04.n,d by John 15-04
Date:2023.04.10 14:24:18-04'00'
Comments:
Revised BOCC 2/15/2023
Page 85 of 106
AGREEMENT FOR 3RD OF JURY EVENT SERVICES
This Agreement ("Agreement"} made and entered into this as day of AG V r
2023 by and between Monroe County, a political subdivision of the State of Florida, whose
address is 1100 Simonton Street, Key West, Florida, 33040, its successors and assigns,
hereinafter referred to as "COUNTY," through the Monroe County Board of County
Commissioners ("BOCC"),
AND
Lower Keys Rotary, a Not-for-Profit Corporation of the State of Florida, whose principal
address is P.O. Box 431957, Big Pine Key, FL 33043 its successors and assigns, hereinafter
referred to as"Rotary"or"Contractor",
WITNESSETH:
WHEREAS, Lower Keys Rotary is putting on the annual"3l'of July" event at the Big
Pine Community Park and Monroe County is celebrating its 200t'Anniversary from March
through July. Monroe County was signed into a territory of Florida on July 3, 1823 and by way of
this Agreement will be contracting with Rotary to perform services and provide musical
performances, a 10-foot Key Lime Pie, a laser light show, additional advertising, and other
services relating, like photo and additional children activities to the event and the celebration of
Monroe County's 2001'Anniversary, as set forth in more detail in Attachment A which shall
collectively be referred to as the"Project"; and
NOW,THEREFORE, in consideration of the mutual promises,covenants and agreements
stated herein, and for other good and valuable consideration, the sufficiency of which is hereby
acknowledged, COUNTY and CONTRACTOR agree as follows:
ARTICLE 1
1.1 REPRESENTATIONS AND WARRANTIES
By executing this Agreement, CONTRACTOR makes the following express
representations and warranties to the COUNTY:
1.1.1 The CONTRACTOR shall maintain all necessary licenses, permits or other authorizations
necessary to act as CONTRACTOR for the Project until the CONTRACTOR'S duties
hereunder have been fully satisfied;
1.1.2 The CONTRACTOR has become familiar with the site(s) and the local conditions under
which the Project is to be completed.
1.1.3 The CONTRACTOR shall prepare all documentation required by this Agreement in such
a manner that they shall be accurate, coordinated and adequate for use in verifying work
completed and shall be in conformity and comply with all applicable law, codes and
regulations.
1.1.4 The CONTRACTOR assumes full responsibility to the extent allowed by law with regards
to his performance and those directly under his employ.
1.1.6 At all times and for all purposes under this agreement the CONTRACTOR is an
independent contractor and not an employee of the Board of County Commissioners for
Monroe County. No statement contained in this agreement shall be construed so as to
find the CONTRACTOR or any of his/her employees, contractors, servants, or agents to
be employees of the Board of County Commissioners for Monroe County.
1.1.6 The CONTRACTOR shall not discriminate against any person on the basis of race, creed,
color, national origin, sex, age, or any other characteristic or aspect which is not job
related, in its recruiting, hiring, promoting, terminating, or any other area affecting
employment under this agreement or with the provision of services or goods under this
agreement.
ARTICLE 11
SCOPE OF SERVICES
2.1 DEFINITION
CONTRACTOR'S Scope of Services consist of those described in Attachment A.
2.3 NOTICE REQUIREMENT
All written correspondence to the COUNTY shall be dated and signed by an authorized
representative of the CONTRACTOR. Any notice required or permitted under this
agreement shall be in writing and hand-delivered or mailed, postage prepaid, to the
COUNTY by certified mail, return receipt requested, to the following:
Ms. Kristen Livengood
Monroe County Public Information Officer
2798 Overseas Hwy, Ste 400
Marathon, FL 33050
And: Mr. Roman Gastesi, V.
Monroe County Administrator
1100 Simonton Street, Room 2-205
Key West, Florida 33040
For the Contractor:
Ms. Julie Schilling
Lower Keys Rotary President
P.O. Box 431957
Big Pine Key, FL 33043
And: Mr. Steve Miller
Lower Keys Rotary
P.O. Box 431957
Big Pine Key, FL 33043
ARTICLE III
ADDITIONAL PRODUCTS AND SERVICES
3.1 Additional products and services are those products and services not included in the
Scope of Services (Paragraph 2.) as set forth in Attachment A. Should the COUNTY
require additional products or services they shall be paid for by the COUNTY at pricing,
rates or fees as negotiated, but only if approved by the COUNTY before commencement.
3.2 If Additional Services are required the COUNTY shall issue a letter requesting and
describing the requested products and services to the CONTRACTOR. The
CONTRACTOR shall respond with the cost/price for said services. Only after receiving
an amendment to the Agreement and a notice to proceed from the COUNTY, shall the
CONTRACTOR proceed with the Additional Services.Any additional services that exceed
$49,999.99 must be funded and approved by the Board of County Commissioners.
ARTICLE IV
COUNTY'S RESPONSIBILITIES
4.1 The COUNTY shall provide complete and accurate information and cooperation regarding
requirements for the Project.
4.2 The COUNTY shall designate a representative to act on the COUNTY's behalf with
respect to the Project. The COUNTY or its representative shall render decisions in a
timely manner pertaining to request for information submitted by the CONTRACTOR in
order to avoid unreasonable delay in the orderly and sequential progress of the
CONTRACTOR'S services.
ARTICLE V
INDEMNIFICATION AND HOLD HARMLESS
5.1 The CONTRACTOR covenants and agrees to indemnify and hold harmless
COUNTY/Monroe County and Monroe County Board of County Commissioners, its
officers and employees from liabilities, damages, losses and costs, including but not
limited to, reasonable attorneys' fees, to the extent caused by the negligence,
recklessness, or intentional wrongful conduct of the CONTRACTOR, subcontractor(s)
and other persons employed or utilized by the CONTRACTOR in the performance of the
contract.
5.2 This indemnification shall survive the expiration or early termination of the Agreement.
ARTICLE VI
COMPENSATION and TERM
6.1 COMPENSATION BASED ON SPECIFIED RATES
6.1.1 The COUNTY shall pay the CONTRACTOR for the CONTRACTOR'S performance of this
Scope of Work as outlined in Attachment A. The Total Estimated Not to Exceed Amount
of$49,999.99.
6.2 PAYMENTS
6.2.1 For its assumption and performances of the duties, obligations and responsibilities set
forth herein,the CONTRACTOR shall be paid upon submission of invoices. Payment will
be made pursuant to the Local Government Prompt Payment Act 218.70, Florida Statutes.
(A) As a condition precedent for any payment due under this Agreement, the
CONTRACTOR shall submit a proper invoice to COUNTY requesting payment for
services properly rendered. The CONTRACTOR'S invoice shall describe with
reasonable particularity the service rendered. The CONTRACTOR'S invoice shall
be accompanied by such supporting documentation or data in support of expenses
for which payment is sought that is acceptable to the Clerk based on generally
accepted account principles and such laws, rules and regulations as may govern
the Clerk's disbursal of funds.
6.3 BUDGET AND REIMBURSEABLE EXPENSES
6.4 The CONTRACTOR may not be entitled to receive, and the COUNTY is not obligated to pay,
any fees or expenses in excess of the amount budgeted for this contract in each fiscal year
(October 1 - September 30) by COUNTY's Board of County Commissioners. The budgeted
amount may only be modified by an affirmative act of the COUNTY's Board of County
Commissioners.
6.6 No reimbursable expenses for travel or means will be incurred by the CONTRACTOR.
Expenses will only be reimbursed if authorized by the County in writing in advance and to the
extent and in the amount authorized by Section 112.061, Florida Statutes.
6.6 TERM OF AGREEMENT
The term of this Agreement is from the date as written above in the first paragraph and
will continue to August 31,2023,to allow for the submission and payment of invoices.This
Agreement may be extended upon mutual agreement of the parties. Any renewal of this
Agreement must be in writing and signed by both the COUNTY and CONTRACTOR.
ARTICLE V11
INSURANCE
7.1 The CONTRACTOR shall obtain insurance as required by the County for the Use of
County Facility and Property for the 31d of July Event.
ARTICLE VIII
MISCELLANEOUS
8.1 SECTION HEADINGS
Section headings have been inserted in this Agreement as a matter of convenience of
reference only,and it is agreed that such section headings are not a part of this Agreement
and will not be used in the interpretation of any provision of this Agreement.
8.2 SUCCESSORS AND ASSIGNS
The CONTRACTOR shall not assign or subcontract its obligations under this agreement,
except in writing and with the prior written approval of the Board of County Commissioners
for Monroe County and the CONTRACTOR, which approval shall be subject to such
conditions and provisions as the Board may deem necessary.
8.3 NO THIRD PARTY BENEFICIARIES
Nothing contained herein shall create any relationship, contractual or otherwise, with or
any rights in favor of, any third party.
8.4 TERMINATION
A. In the event that the CONTRACTOR shall be found to be negligent in any aspect of
service, the COUNTY shall have the right to terminate this agreement after five days
written notification to the CONTRACTOR.
B. Either of the parties hereto may cancel this Agreement without cause by giving the
other party thirty (30) days written notice of its intention to do so.
C. Termination for Cause and Remedies: In the event of breach of any contract terms,
the COUNTY retains the right to terminate this Agreement. The COUNTY may also
terminate this agreement for cause with CONTRACTOR should CONTRACTOR fail
to perform the covenants herein contained at the time and in the manner herein
provided. In the event of such termination, prior to termination, the COUNTY shall
provide CONTRACTOR with five (5) calendar days' notice and provide the
CONTRACTOR with an opportunity to cure the breach that has occurred. If the breach
is not cured, the Agreement will be terminated for cause. If the COUNTY terminates
this agreement with the CONTRACTOR, COUNTY shall pay CONTRACTOR the sum
due the CONTRACTOR under this agreement prior to termination, unless the cost of
completion to the COUNTY exceeds the funds remaining in the contract; however,the
COUNTY reserves the right to assert and seek an offset for damages caused by the
breach. The maximum amount due to CONTRACTOR shall not in any event exceed
the spending cap in this Agreement. In addition, the COUNTY reserves all rights
available to recoup monies paid under this Agreement, including the right to sue for
breach of contract and including the right to pursue a claim for violation of the
COUNTY's False Claims Ordinance, located at Section 2-721 et al. of the Monroe
County Code.
D. Termination for Convenience: The COUNTY may terminate this Agreement for
convenience, at any time, upon sixty (60) days' notice to CONTRACTOR. If the
COUNTY terminates this agreement with the CONTRACTOR, COUNTY shall pay
CONTRACTOR the sum due the CONTRACTOR under this agreement prior to
termination, unless the cost of completion to the COUNTY exceeds the funds
remaining in the contract. The maximum amount due to CONTRACTOR shall not
exceed the spending cap in this Agreement. In addition, the COUNTY reserves all
rights available to recoup monies paid under this Agreement, including the right to sue
for breach of contract and including the right to pursue a claim for violation of the
COUNTY's False Claims Ordinance, located at Section 2-721 et al. of the Monroe
County Code.
E. For Contracts of any amount, if the County determines that the Contractor/Consultant
has submitted a false certification under Section 287.135(5), Florida Statutes or has
been placed on the Scrutinized Companies that Boycott Israel List, or is engaged in a
boycott of Israel, the County shall have the option of (1) terminating the Agreement
after it has given the Contractor/Consultant written notice and an opportunity to
demonstrate the agency's determination of false certification was in error pursuant to
Section 287.135(5)(a), Florida Statutes, or (2) maintaining the Agreement if the
conditions of Section 287.135(4), Florida Statutes, are met.
F. For Contracts of $1,000,000 or more, if the County determines that the
Contractor/Consultant submitted a false certification under Section 287.135(5), Florida
Statutes, or if the Contractor/Consultant has been placed on the Scrutinized
Companies with Activities in the Sudan List,the Scrutinized Companies with Activities
in the Iran Petroleum Energy Sector List, or been engaged in business operations in
Cuba or Syria,the County shall have the option of(1)terminating the Agreement after
it has given the Contractor/Consultant written notice and an opportunity to
demonstrate the agency's determination of false certification was in error pursuant to
Section 287.135(5)(a), Florida Statutes, or (2) maintaining the Agreement if the
conditions of Section 287.135(4), Florida Statutes, are met.
8.6 PUBLIC ENTITIES CRIMES
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 contracts 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 of the Florida Statutes, for CATEGORY TWO for a period of
36 months from the date of being placed on the convicted vendor list.
By signing this Agreement, CONTRACTOR represents that the execution of this
Agreement will not violate the Public Entity Crimes Act(Section 287.133, Florida Statutes).
Violation of this section shall result in termination of this Agreement and recovery of all
monies paid hereto, and may result in debarment from COUNTY's competitive
procurement activities.
In addition to the foregoing, CONTRACTOR further represents that there has been no
determination, based on an audit,that it or any subCONTRACTOR has committed an act
defined by Section 287.133, Florida Statutes, as a"public entity crime"and that it has not
been formally charged with committing an act defined as a"public entity crime"regardless
of the amount of money involved or whether CONTRACTOR has been placed on the
convicted vendor list.
CONTRACTOR will promptly notify the COUNTY if it or any subcontractor or
subCONTRACTOR is formally charged with an act defined as a"public entity crime"
or has been placed on the convicted vendor list.
8.6 MAINTENANCE OF RECORDS
CONTRACTOR shall maintain all books, records, and documents directly pertinent to
performance under this Agreement in accordance with generally accepted accounting
principles consistently applied. Records shall be retained for a period of five(5)years from
the final payment or termination of this agreement. Each party to this Agreement or its
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 five (5) years following the final payment or 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, or were wrongfully retained by the CONTRACTOR, the CONTRACTOR
shall repay the monies together with interest calculated pursuant to Sec. 55.03, of the
Florida Statutes, running from the date the monies were paid by the COUNTY.
8.7 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 applicable to contracts made and to be performed entirely in the State. In
the event that any cause of action or administrative proceeding is instituted for the
enforcement or interpretation of this Agreement,COUNTY and CONTRACTOR agree that
venue shall lie in the 16th Judicial Circuit, Monroe County, Florida, in the appropriate court
or before the appropriate administrative body. This agreement shall not be subject to
arbitration. 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.
8.8 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.
8.9 ATTORNEY'S FEES AND COSTS
The 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, 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.
8.10 BINDING EFFECT
The terms, covenants, conditions, and provisions of this Agreement shall bind and inure
to the benefit of the COUNTY and CONTRACTOR and their respective legal
representatives, successors, and assigns.
8.11 AUTHORITY
Each party represents and warrants to the other that the execution, delivery and
performance of this Agreement have been duly authorized by all necessary County and
corporate action, as required by law.
8.12 ADJUDICATION OF DISPUTES OR DISAGREEMENTS
COUNTY and CONTRACTOR agree that all disputes and disagreements shall be
attempted to be resolved by meet and confer sessions between representatives of each
of the parties. If the issue or issues are still not resolved to the satisfaction of the parties,
then any party shall have the right to seek such relief or remedy as may be provided by
this Agreement or by Florida law. This Agreement is not subject to arbitration. This
provision does not negate or waive the provisions of paragraph 9.4 concerning termination
or cancellation.
8.13 COOPERATION
In the event any administrative or legal proceeding is instituted against either party relating
to the formation, execution, performance, or breach of this Agreement, COUNTY and
CONTRACTOR agree to participate, to the extent required by the other party, in all
proceedings, hearings, processes, meetings, and other activities related to the substance
of this Agreement or provision of the services under this Agreement. COUNTY and
CONTRACTOR specifically agree that no party to this Agreement shall be required to
enter into any arbitration proceedings related to this Agreement.
8.14 NONDISCRIMINATION
CONTRACTOR and COUNTY 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.
CONTRACTOR or COUNTY agrees to comply with all Federal and Florida statutes, and
all local ordinances, as applicable, relating to nondiscrimination. These include but are
not limited to: 1) Title Vil of the Civil Rights Act of 1964 (PL 88-352) which prohibits
discrimination on the basis of race, color or national origin; 2) Title IX of the Education
Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which
prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of
1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of
handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107)
which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and
Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the
basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention,
Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to
nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health
Service Act of 1912, ss. 523 and 527 (42 USG ss. 690dd-3 and 290ee-3), as amended,
relating to confidentiality of alcohol and drug abuse patient records; 8)Title VI I of the Civil
Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the
sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42
USC s. 12101 Note), as may be amended from time to time, relating to nondiscrimination
on the basis of disability; 10) Monroe County Code Chapter 14,Article 11, which prohibits
discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual
orientation, gender identity or expression, familial status or age; 11) Any other
nondiscrimination provisions in any Federal or state statutes which may apply to the
parties to, or the subject matter of, this Agreement.
8.16 COVENANT OF NO INTEREST
CONTRACTOR and COUNTY covenant that neither presently has any interest, and shall
not acquire any interest,which would conflict in any manner or degree with its performance
under this Agreement, and that only interest of each is to perform and receive benefits as
recited in this Agreement.
8.16 CODE OF ETHICS
COUNTY agrees that officers and employees of the COUNTY recognize and will be
required to comply with the standards of conduct for public officers and employees as
delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation
or acceptance of gifts; doing business with one's agency; unauthorized compensation;
misuse of public position, conflicting employment or contractual relationship; and
disclosure or use of certain information.
In accordance with Section 5 (b) Monroe County Ordinance No. 010-1990,
CONTRACTOR warrants that Wit had not employed, retained or otherwise had act on
his/its behalf any former County officer or employee subject to the prohibition of Section 2
of Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of
Ordinance No. 020-1990. For breach or violation of this provision the County may, in its
discretion, terminate this contract without liability and may also, in its discretion, deduct
from the contract 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."
8.17 NO SOLICITATION/PAYMENT
The CONTRACTOR and COUNTY 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 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.
8.19 PUBLIC ACCESS.
Public Records Compliance. CONTRACTOR must comply with Florida public records
laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of article I
of the Constitution of Florida. The County and CONTRACTOR shall allow and permit
reasonable access to, and inspection of, all documents, records, papers, letters or other
"public record" 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 contract and related to contract performance. The County shall
have the right to unilaterally cancel this contract upon violation of this provision by the
CONTRACTOR . Failure of the CONTRACTOR to abide by the terms of this provision
shall be deemed a material breach of this contract and the County may enforce the terms
of this provision in the form of a court proceeding and shall, as a prevailing party, be
entitled to reimbursement of all attorney's fees and costs associated with that proceeding.
This provision shall survive any termination or expiration of the contract.
The CONTRACTOR is encouraged to consult with its advisors about Florida Public
Records Law in order to comply with this provision. Pursuant to F.S. 119.0701 and the
terms and conditions of this contract,the CONTRACTOR 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
CONTRACTOR 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 CONTRACTOR or keep and maintain public records that
would be required by the County to perform the service. If the CONTRACTOR transfers
all public records to the County 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 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 CONTRACTOR of the request, and the
CONTRACTOR must provide the records to the County or allow the records to be
inspected or copied within a reasonable time.
If the CONTRACTOR 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 CONTRACTOR . A CONTRACTOR 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 CONTRACTOR 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,BRUN BRADLEY AT PHONE#305-292-3470
BRADLEY-BRIANQMONROECOUNTY-FL.GOV, MONROE
COUNTY ATTORNEY'S OFFICE 1111 12TH Street, SUITE 408, KEY
WEST, FL 33040.
8.20 NON WAIVER OF IMMUNITY
Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the
CONTRACTOR and the COUNTY 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 contract entered into by the COUNTY be required to
contain any provision for waiver.
8.21 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.
8.22 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 CONTRACTOR and
the COUNTY agree that neither the CONTRACTOR nor the COUNTY 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.
8.23 ATTESTATIONS AND TRUTH IN NEGOTIATION
CONTRACTOR agrees to execute such documents as COUNTY may reasonably require,
including a Public Entity Crime Statement, an Ethics Statement, and a Drug-Free
Workplace Statement. Signature of this Agreement by CONTRACTOR shall act as the
execution of a truth in negotiation certificate stating that wage rates and other factual unit
costs supporting the compensation pursuant to the Agreement are accurate, complete,
and current at the time of contracting. The original contract fee and any additions thereto
shall be adjusted to exclude any significant sums by which the agency determines the
contract price was increased due to inaccurate, incomplete,or concurrent wage rates and
other factual unit costs.All such adjustments must be made within one year following the
end of the Agreement.
8.24 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.
8.25 EXECUTION IN COUNTERPARTS
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 the parties hereto may execute this Agreement by signing any such
counterpart.
8.26 E VERIFY SYSTEM
In accordance with F.S.448.095, the Contractor and any subcontractor shall register
with and shall utilize the U.S. Department of Homeland Security's E-Verify system to
verify the work authorization status 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 work authorization status of all new
employees hired by the subcontractor during the Contract term.Any subcontractor shall
provide an affidavit stating that the subcontractor does not employ, contract with, or
subcontract with an unauthorized alien. The Contractor shall comply with and be subject
to the provisions of F.S.448.095
8.27 UNCONTROLLABLE CIRCUMSTANCE
Any delay or failure of either Party to perform its obligations under this Agreement will be
excused to the extent that the delay or failure was caused directly by an event beyond
such Party's control, without such Party's fault or negligence and that by its nature could
not have been foreseen by such Party or, if it could have been foreseen,was unavoidable:
(a) acts of God; (b) flood, fire, earthquake, explosion, tropical storm, hurricane or other
declared emergency in the geographic area of the Project; (c) war, invasion, hostilities
(whether war is declared or not), terrorist threats or acts, riot, or other civil unrest in the
geographic area of the Project: (d) government order or law in the geographic area of the
Project; (e) actions, embargoes, or blockades in effect on or after the date of this
Agreement; (f) action by any governmental authority prohibiting work in the geographic
area of the Project;(each, a "Uncontrollable Circumstance"). CONTRACTOR'S financial
inability to perform, changes in cost or availability of materials, components, or services,
market conditions, or supplier actions or contract disputes will not excuse performance by
Contractor under this Section. Contractor shall give County written notice within seven (7)
days of any event or circumstance that is reasonably likely to result in an Uncontrollable
Circumstance, and the anticipated duration of such Uncontrollable Circumstance.
Contractor shall use all diligent efforts to end the Uncontrollable Circumstance, ensure
that the effects of any Uncontrollable Circumstance are minimized and resume full
performance under this Agreement. The County will not pay additional cost as a result of
an Uncontrollable Circumstance. The Contractor may only seek a no cost extension for
such reasonable time as the Owners Representative may determine.
IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its duly
authorized representative on the day and year first above written.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA Approved as to form and legal sufficiency:
Digitally signed by Robert B.Shillinger
Digitally signed by Roman Gastesi Robert B. DN'cn=Robert B.Shillinger,o=Monroe County BOCC,
By: Roman Gastesl Date:2023.04.13 08:06:11-04'00' ou—Monroe County Attorney,email—shillinger-
bob@ononroecourty-fl.gw,C-us
County Administrator or designee Shillinger Date:2023 03.28 14:39:28-04'00'
Date:'
CONTRACTOR
By: \No -"' . vim . C.,,. / °
Signatur
Print Name: o
Title N
Date: 9-0 4 3
END OF AGREEMENT
Attachment A
200-Year July 3 Celebration
NTE Scope:
Fireworks Upgrade $10,000.00 Adds 15 minutes to the firework show for a total of a 30 minutes
Laser Light Show $9,400.00 Will happen simultaneously with fireworks
materials and construction of a 13.14-foot key lime pie to set world
Key Lime Pie $10,500.00 record of largest key lime pie
Shirts,hats,and other items with the 200-year logo on them to
Promotional Items $2,000.00 give to attendees
napkins,plates,forks,and other materials needed to serve key
Key Lime Pie Supplies $2,000.00 lime pie to event attendees
set up and operation of a photo booth that will text photos to
Photo Booth $1,700.00 attendees
set up and breakdown of 2 bounce houses for additional children's
Bounce Houses $650.00 activities
World Record Verification $2,000.00 sets official record on World Record Academy
Advertising of Event $2,900.00 Advertising the event in the Florida Keys and South Florida
Music
Bryan Roberts $4,500.00 Providing live music from 5-9 p.m.
singing the Natl Anthem,Happy Birthday to Monroe County,and
Kristen McNamera $2,000.00 filling in sets during breaks
Sound System $2,310.00 provision and set up of sound system for bands
$49,960.00