HomeMy WebLinkAbout05/01/2025 Agreement Monroe County Purchasing Policy and Procedures
ATTACHMENT D.5
COUNTY ADMINISTRATOR
CONTRACT SUMMARY FORM FOR CONTRACTS $1„00,000.00 and Under
Contract with- James, F. Wirle
Effective Date: December 15', 2024
Expiration Date: March 80,20 6
Contract Purpose/Description:
Speaker contract to authorize James F.Murley to speak at the Climate Summit on,December 16,,2024 anal to be —
paid A,Yee
Contract is Original Agreement Contract Amendment/Extension Renewal
Contract Manager: Rhonda Haag I 8774 26,
CONTRACT COSTS
Total Dollar Value of Contract: $ 890,00 Current Year Portion: $
(must be$100,000.00 or less) (If multiyear agreement then
requires BOCC approval,unless the
gos�fl cuwuk e�m,auw c
E'd00,000 00 or
Budgeted? Yes❑■ No ❑
Grant: $ County Match: $
Fund/Cost Center/Spend Cate o : 001-050,51
ADDITIONAL COSTS
Estimated Ongoing Costs: $ /yr For: N/A
(Not included in dollar value above) (e.g. maintenance,utilities,janitorial,salaries,etc.)
Insurance Required: YES ❑NO ❑
CONTRACT REVIEW
Reviewer Date In
Rhonda Haag Dlglta l ly signed by Rhonda Haag
Department Head Signature: Data 2025.03.191632,57-04•00•
Joseph X. DiNovo Digitally signed by Joseph X.DiN-.
County Attorney Signature: Date_2025.03 20 072237-04•00•
Risk Management Signature: Gaelan P Jones Digitally signedby 9372'PJones
Dace:zozssa 2s os3zzs-oa so
Purchasing Signature: Lisa Abreu 4/28/2025
�}.�
John Quinn Digitally signed by John oulnn
OMB l lT/{�) Signature: Date:2025 04 28 1248 51-04•00•
Comments: GPJ - Insurance waiver approved. Contract covers reimbursement for event that took place prior to
contract routing
Revised BOCC 4/19/2023
Page 84 of 105
AGREEMENT BETWEEN
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
AND
JAMES F. MURLEY
TO SPEAK AT
CLIMATE LEADERSHIP SUMMIT
This Agreement is made and entered into this - / 2L4day of March 2025, between MONROE
COUNTY, FLORIDA ("COUNTY"), a political subdivision of the State of Florida, whose
address is 1100 Simonton Street, Key West, Florida 33040, and James F. Murley (SPEAKER)
whose address is 1890 SW 21s' Street, Miami, Florida 33145.
WITNESSETH:
WHEREAS, the COUNTY desires to have the SPEAKER present at as a panelist at the 10"
Annual Regional Climate leadership Summit, hereinafter referred to as the "Summit", in Key
West on December 16-18, 2024; 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. The SPEAKER agrees to speak at the Summit, as requested by the
COUNTY. The speaker shall provide an onsite presentation approximately 10 minutes in length
and shall provide a copy of the presentation to the COUNTY two weeks in advance of the event.
The 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 THE 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 Eight Hundred, Ninely Dollars ($890.00) after
the event. Invoices must be submitted to the Office of Monroe County Clerk and Comptroller
("County Clerk") with supporting documentation acceptable to the County Clerk. Acceptability
to the County Clerk is based on generally accepted accounting principles and such laws, rules,
and regulations as may govern the County Clerk's disbursal of funds. There shall be no
additional expenses for travel, lodging, per them or any other expenses, as they are included in
the stated total compensation.
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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.
4. TERM OF AGREEMENT. This Agreement shall be retroactive to December 15, 2024,
and terminate March 30, 2025.
5. 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.
6. INDEPENDENT CONTRACTOR. At all times and for all purposes under this
agreement the SPEAKER is an independent contractor and not all 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 her employees, subcontractors, servants, or
agents to be employees of the BOCC.
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 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.
8. DISCLOSURE AND CONFLICT OF INTEREST. SPEAKER represents that he, his
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 he may have in any and all programs in Monroe County
which the SPEAKER sponsors, endorses, supervises, or requires for counseling, assistance,
evaluation, or treatment. This provision shall apply whether such program is required by statute,
as a condition of probation, or is provided on a voluntary basis.
9. 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 2-1.50, 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
.............---- ........................ --.-—----------------- -- Page 2
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.
10. NO PLEDGE OF CREDIT. SPEAKER shall not pledge the CO'UNTY'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 he 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, 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 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.
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 o 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.
16. 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 either of the patties hereto may execute
this Agreement by singing any such counterpart.
17. 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.
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18. LEGAL OBLIGATIONS AND RLSPONSIBILTT iii ,"L� ia°'Agree�xnett"' s/,fi% /,';'f
intende to re leve, nor shall it, be construed as ,elieuzng, and partidipating ez�i
obligation or,responsibility imposed ipon,the entity by lam except
timely performance thereof by'any participating entity, i,nyki:cl� ease tisror "acy° /% %%
offered in satisfaction of the obligation or responsibility
19, NON-DELEGATION OF CONSTITETIONAL 4R 'I`A'�"Y1'rnR
A reement is not intended to,authorize or shall i1,be construed as autho 'zin the t�,�?
the constitutional or statuto duties of the-CO
ry U;�1
Florida constitution State Statute„'and.case"
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