01/29/1992 Agreement
F!LED r- or r~copn
CONTRACTOR AGREEMENT
-n....1III 1 -._
......-, ""',n 11
u; \.+-L
~J l.. ~ l_ ~_:
r\ 8 :1 E
THIS AGREEMENT, made and entered into this 29th day of
January, A.D., 1992 by and between Monroe County Board of County
Commissioners (hereinafter referred to as "COUNTY") and Mr. Joe
Beuchat (hereinafter referred to as "CONTRACTOR").
WHEREAS, the County intends to employ a contractor who shall
exercise independent professional judgment to develop software to
continue to implement and Integrated Criminal Justice Information
System (CJIS); and
WHEREAS, the Contractor has the necessary technical skills
and experience to develop the computer programs necessary to
develop an Integrated CJlS.
NOW, THEREFORE, in consideration of the mutual covenants,
understandings and conditions herein contained, the County does
hereby employ the Contractor and Contractor does hereby accept
the employment in accordance with the understandings and
covenants which are reflected hereinafter.
Article I.
SCOPE OF SERVICES
1. The Contractor shall serve as the principle advisor to
the
Monroe
County
CJIS
Subcommittee.
The
specific
responsibilities of the Contractor shall include the following:
a) Making recommendations to the CJIS Subcommittee on
computer programming priorities.
b) Making recommendations to the CJIS Subcommittee on
the most effective ways to develop a computer interface
between the Clerk of the Court's NCR mainframe and the
Sheriff's Office Data General Computer and effectuate
that interface.
c) Making recommendations to the CJIS Subcommittee on
future hardware/software purchases which may be needed
to operate an Integrated CJIS.
d) Provide periodic reports to the CJIS Subcommittee
on the progress made in developing an Integrated CJIS
in Monroe County.
e) Review and evaluate computer software that may be
developed in other counties for possible replication in
Monroe County.
2. Develop computer programs as specified in the document
entitled, "Monroe County Criminal Justice Information System,
Functional Specifications", a copy of which is attached and
incorporated by reference, as well as other programming as
directed by the CJIS Subcommittee.
3. Serve as a liaison between the Monroe County CJIS
Subcommittee and the NCR Corporation, as well as other vendors
which may be utilized to complete the development of an
Integrated CJIS.
4. Any software which is developed or changed will include
detailed documentation to enable programmers other than the
developer to understand and/or make changes in the future.
Article II. METHOD OF PAYMENT
In consideration of the performance of the basic services
described in Article 1, the County will pay the Contractor a fee
of $800. per week payable every two (2) weeks. Compensation will
2
be made to the the Contractor based on presentation of an invoice
to the County.
Article III AMENDMENTS
This contract may be amended, from time to time, when such
changes are mutually agreed upon in writing by both the County
and the Contractor.
Article IV. CONTRACT PERIOD
This contract will commence on January 29, 1992, and will
terminate on September 30, 1992, although the County may
terminate the contract without liability at any time upon giving
the Contractor 15 days written notice. The County shall have an
option to extend this agreement for a period of one year upon the
same terms as set forth in Articles I, III and TV. In order to
exercise the option the County shall provide written notice to
the Contractor of its intent to extend the agreement on or before
September 30, 1992.
Article V. MISCELLANEOUS
The agreement shall not be assignable in whole or in part without
the written consent of the parties hereto, and it shall extend to
and be binding upon the heirs, administrators, executors,
successors and assigns of the parties hereto.
The contractor warrants that no person has been employed or
retained to solicit or secure this agreement upon an agreement or
understanding for a commission, percentage, brokerage, or
contingent fee and that no member of the County has any interest,
financially or otherwise, in the contractor. For breach or
violation of this warranty, the County shall have the right to
annul this agreement without liability or its discretion, to
3
deduct from the Contract price or consideration, the full amount
of such commission, percentage, brokerage or contingent fee.
The Contractor also warrants that he/it has 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. 010-1990. For breach or
violation of this provision the County may, in its discretiont
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.
The Contractor agrees to hold harmless and indemnify the County
against all claims of whatever nature arising out of the
performance of work under this agreement whether in contract,
tort or otherwise and whether claimed by third parties or the
Contractor themselves.
The Contractor agrees that he will not discriminate against any
of his employees or applicants for employment because of their
race, color, religion, sex, or national origin, and to abide by
all Federal and State laws regarding non-discrimination.
The Parties agree that the proper venue for any disputes arising
out of the contract shall be Monroe County, Florida.
Article VI. TERMINATION
If performance is unsatisfactory to the County, the County may
terminate this agreement upon five (5) days prior written notice.
4
The Contractor shall not perform any further services except as
specifically may be set forth by the County in a
written notice of termination. Nothing in this article shall
prevent the County from seeking damages or other relief from the
Contractor due to the unsatisfactory performance.
ARTICLE VII.
INDEPENDENT CONTRACTOR STATUS.
The parties agree that the Contractor's status under this
agreement is that of an independent contractor and that in no
event shall the Contractor be considered an employee of Monroe
County.
IN WITNESS WHEREOF, the parties hereto have executed this
contract on the date first above written.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY~_'~;~=~
(SEAL)
Attest: DANNY L. KOLHAGE, CLERK
By
By
APPRove:) /s T'.~ r()p~,1
~f!"'" , ,"':"r C':. :r::-::--.",.'.rrE'A.'/~V
. ' ~,~./ ~. ""_ ....., ~ _ ~ vII ,,, "" 1 ,w
6y :' , _.. ,!.-
i', .." 'f"/"; O"ICS
C:1t:J Z-G - 9 0