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10/01/2024 Agreement Monroe County Purchasing Policy and Procedures ATTACHMENT D.5 COUNTY ADMINISTRATOR CONTRACT SUMMARY FORM FOR CONTRACTS LESS THAN $100,000.00 Contract with: Mr, Andrea,,ICO'Q"coli,ni,, contract# N/A Effective Date: Expiration Date: Dec'efnber 19" 20 24 Contract Purpose/Description: Andrea-C'e22ojjnjJs,g keYnate s eaker,who,011 be s eakinq t climate . . . . .......... at,the Climate Summit hosted bv,M' 'hibe ,06,unty on December 16-18, Rhonda Haag Contract is Origir a Agreement Contract Amvrldme xtension Renewal Contract Manager: Rhonda H a""g"q............................. 3957 9928.......... (Name) (Ext.) (Department/Stop#) CONTRACT COSTS . . . . . . . . ......Total Dollar Value of Contract: $ = Current Year Portion: $ (must be less than$50,000) (If multiyear agreement then 51000 requires BOCC approval,unless the 5,00,0 totil ewinidathe airwim�is: �ess: than Budgeted?YesN No F] Account Codes: 00405051 - Grant: $ County Match: $ ADDITIONAL COSTS Estimated Ongoing Costs: $_/yr For: Not Applicable e oired- YFS F-1 NO X (ex.maintenance,utilities ianitorial,salaries,etc.) CONTRACT REVIEW Changes Date In Needed Reviewer Date In DigRally signed Rhonda Haag f3 38:50 Department Head YesONoE:] Rhonda Haag Digitally signed by Joseph X. Joseph X. DlNovo 10/28/2024 County Attorney Yes[-]Nol[:] Date:2024.10.28 16:38:03 -EliblQuQ M.. Di ty.'-1,1.—1, Risk Management YesF-]NoIF-I 10/29/2024 si,ned 1,LisaAlb Lisa Abreu Date all,:2024.10.30 09:1553r.. F-]O.M.B./Purchasing YesNoF� -04001 Comments: &vised ROCC 04/19/23 Page 84 of 105 AGREEMENT BETWEEN BOARD OF COUNTY COMMISSIONERS AND ANDREA CECCOLINI TO SPEAK AT CLIMATE LEADERSHIP SUMMIT This Agreement is made and entered into this 30th day of ,October _ 2024, between MONROE COUNTY, FLORIDA ("COUNTY"), a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040, and Andrea Ceccolini ("SPEAKER")whose address is 12 Hengrave Road, London SE23 3NW,United Kingdom. WHEREAS, the COUNTY desires to have the SPEAKER present at the 16th Annual Regional Climate leadership Summit, hereinafter referred to as the "Summit", in Key West on December 16-18;and WHEREAS, it serves a public purpose for the COUNTY to host the Summit, as a partner of the Four County Compact "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 exhibits only. 2. SCOPE OF WORK. SPEAKER agrees to speak at the Summit, as requested by the COUNTY. The speaker shall provide an onsite presentation approximately 30 minutes in length and shall provide a copy of the presentation to the County two weeks in advance of the event. Speaker agrees to allow the County to post the presentation and recorded video of the presentation on the County and Summit websites. 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 Five Thousand Dollars($5,000)after the event. 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'. No payment shall be made if the speaker does not speak or if the event is cancelled due to unforeseen conditions. Invoices will be paid in accordance with the Florida Local Government Prompt Payment Act, (Section 218.70 et. seq., Florida Statutes). SPEAKER shall submit invoices to the County with supporting documentation that is acceptable to the Office of Monroe County Clerk and Comptroller (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. __ _ Page 1 4. MAINTENANCE OF RECORDS. SPEAKER 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 seven (7) years from the termination of this agreement or in accordance with the State of Florida retention schedules (https://dos.fl.gov/library-archives/records-management/general- records-schedules/), whichever is greater. 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 the applicable retention period following the termination of this Agreement. 5. TERM OF AGREEMENT. This Agreement shall commence on October 1, 2024, and end December 19,2024. 6. HOLD HARMLESS AND INDEMNIFICATION. SPEAKER covenants and agrees to indemnify and hold harmless COUNTY and the COUNTY's elected and appointed officers and employees from any and all claims for bodily injury (including death), personal injury, and property damage (including property owned by Monroe 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. 7. INDEPENDENT CONTRACTOR. At all times and for all purposes under this agreement SPEAKER is an independent contractor and not an employee of the Board of County Commissioners of Monroe County (BOCC). 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 BOCC. 8. 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 BOCC and SPEAKER, which approval shall be subject to such conditions and provisions as the BOCC may deem necessary. This paragraph shall be incorporated by reference into any assignment or subcontract and any assignee or subcontractor 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 BOCC. 9. DISCLOSURE AND CONFLICT OF INTEREST. SPEAKER represents that it, its directors, principles 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 Section 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 Monroe 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. A Page 2 10. EMPLOYMENT OR RETENTION OF FORMER COUNTY OFFICERS OR EMPLOYEES. SPEAKER warrants that he has not employed, retained or otherwise had act on his behalf any former County officer or employee in violation of Section 2-149, Monroe County Code of Ordinances or any County officer or employee in violation of Section 2-150, Monroe County Code of Ordinances. 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 pursuant to Subsection 2-152(b), Monroe County Code of Ordinances. 11. NO PLEDGE OF CREDIT. SPEAKER 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. 12. 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,he agrees to forfeit any and all compensation. 13. 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. 14. 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. 15. 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. 16. 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. 17. 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 Page 3 together shall constitute one and the same instrument and any of COUNTY and SPEAKER hereto may execute this Agreement by singing any such counterpart. 18. 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. Each party agrees that it has had ample opportunity to submit this Contract to legal counsel of its choice and enters into this agreement freely, voluntarily and with advice of counsel. 19. LEGAL OBLIGATIONS AND RESPONSIBILITIES. This Agreement is not intended to relieve, nor shall it be construed as relieving, any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. 20. NON-DELEGATION OF CONSTITUTIONAL OR STATUTORY DUTIES. This Agreement is not intended to authorize, nor shall it be construed as authorizing,the delegation of the constitutional or statutory duties of the COUNTY, except to the extent permitted by the Florida constitution, state statute,and case law. 21. NONDISCRIMINATION/EOUAL EMPLOYMENT OPPORTUNITY. The parties 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. The parties agree 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 V11 of the Civil Rights Act of 1964 (PL 88-352), which prohibit discrimination in employment on the basis of race, color, religion, sex, and national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC §§ 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 § 794), which prohibits discrimination on the basis of disability; 4) The Age Discrimination Act of 1975, as amended (42 USC §§ 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, §§ 523 and 527 (42 USC §§690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patent records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC §§ 3601 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 §§ 12101 Note), as may be amended from time to time, relating to nondiscrimination in employment on the basis of disability; 10) Monroe County Code Chapter 14, Article II, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; and 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. Page 4 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 COUNT ty gne d b FLORIDA Christine Christine,SH' y Hurley Date 2024.10.30 By: By: H-urley 12,46,20-04'00' Deputy Clerk County Administrator Date: Date: MONROE COUNTY ATTOMNEYS OrME APPROVED AS TO FORM NWU ASSISTANT COUNTY ATTORNEY DATE: 9-27-2024 Witnesses for SPEAKER: ANDREA CECCOLINI By By:_ Sigh' ature of person authorized to Signature legally bind INDIVIDUAL Date: t,� Date: JD 12,?4U 2-� A - t IQ i)t' C)\ -4�I-,(P4 Print Name By: Address: i Signature Date:--- Telephone Numbcr: �.. °4 ��} 2-4'91--c Page 5 Exhibit"A" INVOICE December 19, 2024 To: haag-rhonda@monroecounty-fl.gov From: Andrea Ceccolini whose address is 12 Hengrave Road, London SE23 3NW United Kingdom Due: $5,000 Please pay the sum of $5,000 for travel expenses related to my participation as a speaker at the 4th Annual Regional Climate Leadership Summit held December 16-18, 2024. There shall be no additional charges for travel, lodging, per diem 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 include presenting at the Summit. By: Page 7 Exhibit "B" LOBBYING AND CONFLICT OF INTEREST CLAUSE SWORN STATEMENT UNDER ORDINANCE NO. 010-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE (Company) "...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." gnature) C, /_Date: '2�,, STATE OF: COUNTY Ol': ----------—------- Subscribed and sworn to (or affirmed) before me, by means of ;physical presence or 1:1 online notarization. on I 1�: I / L)_� (date) by Y-)j\,j-j).a-L 1,-� 6) 1 (name ofal"fiant).�N- /She is personally known to me or has produced (type of identification) as----------- identification. KRYSTAL ANSON GOMEZ Notary Public-State of Florida NOTARY KJ'41-IC Commission 0 HH 105516 My Comm Expires Jul 6,2025 -n Sonded through National Notary Assn. My Con -mssion Expires: Page 8