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08/21/2024 Agreement Monroe County Purchasing Policy and Procedures ATTACHMENT n COUNTY ADMINISTRATOR CONTRA,-CT SUMMARY FORM FOR CONTRACTS $100,000.00 and Under Marathon Elks Club Inc. Contract 4 Key West- S-006001 Effective Date: 08/21/2024 Expiration Date: 08/21/2024 Contract Purpose/Description: Facility/site and services for ELKS Lodge/Marathon 2024 Employee Health&Wellness Fair. Event established and recognized by County's Wellness Program Resolution. Contract is Original Agreement Contract Amendment/Extension Renewal Contract Manager: Bryan Cook 4458 Employee Services/Stop#1 CONTRACT COSTS Total Dollar Value of Contract: $ 375.00 Current Year Portion: $ 375.00 (must be$100,000.00 or less) (If multiyear agreement then requires BOCC approval,unless the toud cumulaanve amount s $100,000.00 or less) Budgeted?Yes❑■ No ❑ Grant: $N/A County Match: $ Fund/Cost Center/Spend Category: 502-08005-sc_00368 ADDITIONAL COSTS Estimated Ongoing Costs: $ /yr For: (Not included in dollar value above) (e.g.maintenance,utilities,janitorial,salaries,etc.) Insurance Required: YES O NO 8 CONTRACT REVIEW Revievvery Bryan Cook Date In Bryan Cook Date 2024 06 25 12 45 15 Department Head Signature: -0400 County Attorney Signature: �� f Risk Management Signature: , Lisa Abreu Dgtallysgned by Date 2024 O6 25 16 0 41 6 41 Purchasing Signature: 0400 OMB Signature: John Quinn Digitate 2lly i,el6y083952 Cum Dates 202406..m....................m,.,,,,,,,,,,,,,, ,,,,,,,,,_........... Comments: Revised BOCC 4/19/2023 Page 84 of 105 MARATHON ELKS USE OF LODGE AGREEMENT THIS USE OF LODGE AGREEMENT (hereinafter "Agreement") is entered into, this 12th day of 3une 2024 for the date of Use of Lodge for to hold the Monroe County Health Fair Event for the date of August 21, 2024. The Provider of Lodge Room: Marathon Elks Club, Inc 8239 Overseas Hwy Marathon, FL 33050 (Hereinafter "Lodge") and the Event Coordinator: Monroe County c/o Benefits Services 1100 Simonton Street, Suite 2-268 Key West, FL 33040 (Hereinafter "Coordinator") In regard to the Use of Lodge Room for an Event located at 8239 Overseas Highway Marathon, FL 33050 (Hereinafter "Room") The Lodge and Coordinator do hereby agree to abide by the terms set out in this Agreement. The terms of this Agreement are as follows: 1. In consideration of the donation to be paid by Coordinator and of the other covenants and agreements herein contained, the Lodge provides to Coordinator the Room on August 21s' from 7:30 am to 5 pm. Coordinator can set up the evening before. Coordinator shall use the Room only for purposes agreed to by Lodge and within the legal requirements approved by the city and county zoning laws. Coordinator shall not use or allow the use of the Room in any way that interferes with use and enjoyment of the Room or neighboring Room. Coordinator shall not use the Room for any illegal or improper use. Additionally, the Coordinator shall comply with all Zoning Ordinances, Protective Covenants and Deed Restrictions. Coordinator will additionally be responsible for any city or state licenses for business and Room use. The Coordinator agree that the Room shall be a non-smoking environment. No smoking is allowed anywhere inside of the Room. 2. PAYMENT SCHEDULE AND DETAILS The Coordinator agree to provide a donation of$375.00 dollars and due on the day of use. A flat rate of$375.00 (includes room from 7:30am-5pm, tables, chairs and linens to cover tables). Set up on the evening of August 20tn 3. COORDINATOR RESPONSIBILITIES The Coordinator shall maintain the Room in good condition during the use of the lodge and shall neither cause nor allow any abuse of the facilities therein. 4. ALTERATIONS Coordinator shall make no alterations, additions or improvements to the Room (including the application of paints, stains, nails or screws to the woodwork, walls, S. INSURANCE Coordinator is hereby advised to obtain his own insurance policy to cover any liability and personal losses. Coordinator must add Lodge as additionally insured. A copy must be submitted with the contract. 6. LIABILITY Coordinator agrees to hold Lodge, harmless for any accidents, damages, or any lawsuits accruing from or on the Room or premise during said event.This includes any persons visiting the Room. 7. POSSESSION AND SURRENDER OF THE ROOM At the end of the day of use, Coordinator shall immediately surrender the Room to the Lodge in the same condition as at the start of the day. Coordinator is responsible for leaving Room in tidy condition upon departure. 8. LEGAL FEES If the Coordinator is in breach of this Agreement, and the Lodge finds it necessary to enforce this Agreement, or collect other damages,through an attorney or in a legal action,the Lodge shall be indemnified by the Coordinator for any reasonable attorneys'fees and out-of-pocket costs which in any way relate to, or were precipitated by,the breach of this Agreement by the Coordinator. 9. WAIVER The Lodge's failure to enforce or insist on compliance with any provisions of this Agreement shall not be deemed a waiver nor a limitation of the Lodge's right to enforce or insist on compliance with the provisions of this Agreement. 10. HEADINGS Headings are inserted for the convenience of the parties only and are not to be considered when interpreting this Agreement. 11. ASSIGNMENT, SUB-LET AND LICENSE The Coordinator shall not assign, sub-let or license any part of the Room. An assignment, sub-letting or license without the prior written consent of the Lodge or an assignment or sub-letting by operation of law shall be absolutely null and void and shall,at the Lodge option, terminate this Agreement. 12. ENTIRE AGREEMENT This Agreement constitutes the entire agreement between the parties and supersedes any prior written or oral covenants or representations relating thereto and not set forth herein shall be binding on either party hereto.This Agreement may not be amended, modified, extended, or supplemented except by written instrument executed by the Lodge and Coordinator.The Lodge has made no representation or warranty to Coordinator except as herein expressly set forth. 13. SEVERABILITY Should any conflicts arise between any party of this Agreement and the applicable legislation of the State of Florida, the State Laws will prevail,and such provisions of the Agreement will be amended or deleted as necessary in order to comply with the State Laws. Furthermore, any provisions that are required by State Laws may be subsequently incorporated into this Agreement. In the event any of the provisions of this Agreement are held to be invalid or unenforceable in whole or in part, those provisions to the extent enforceable and all other provisions will nevertheless continue to be valid and enforceable as though the invalid or unenforceable parts had not been included in this Agreement. 14. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of Florida. 15. Addendum A is incorporated into this agreement. The hereby indicate ir°signatures be1 that they have read and with the terms and conditionsf this Agreement In Its entiretY. Marathon Elks Lodge E71 .... Dates ...._ cretary, Signature Monroe County Representative Digitally signed by Kevin Kevin Wilson Wilson Date:2024.06.26 09:27:14-04'00' pate Representative,Signature Approved as to form and legal sufficiency: Monroe County Attorney's Office 6-15-2024 ADDENDUM A (State and Local Clauses Only) The following clauses are added into the attached Agreement as if fully set forth therein: 1. Florida Public Records law(F.S. 119.0701). RECORDS- ACCESS AND AUDITS: Pu suant records laws of the State,of Florida, including r and its subcontractors shall comply with al public 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. 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, hr brian(&.monroeco r ty-f-go°v, c/o Monroe County Attorney's Office, 1111 121h St, Suite 408, Key West FL 33040. C�- 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 BOCC. 3. Insurance Requirements (Monroe County Risk Manual): The vendor is required to provide the following insurance coverage: NIA Prior to or at time of execution of the agreement, the vendor shall provide a certificate of insurance evidencing current coverage in this amount. Therefore, the vendor shall provide updated certificates whenever the coverage is renewed. 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. 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. 8. Payment: Invoices will be paid in accordance with the Florida Local Government Prompt Payment Act, F.S. 218.70 of seq. Invoices must be submitted to the Clerk with supporting documentation acceptable to the Clerk. Acceptability to the Clerk is based on generally accepted accounting principles and such laws, rules, and regulations as may govern the Clerk's disbursal of funds.