1. 02/21/2018 Agreement�.�� - a='��� ;�° :� r �- Ilk G.E tl, '.°' :'.., R�, 4 ,. •'.; e. �, ".I" ..... �.:i� "" �,Y a � �g�i
DATE: February 28, 2018
TO: Alison Smith, Executive Assistant
Planning & Environmental Resources
FROM: Pamela Hancock, D.C.
SUBJECT: February 21st BOCC Meeting
Attached are electronic copies of the following items:
J4 Resolution No. 089 -2018 renouncing and disclaiming any right of the County and
public in and to that portion of the easement between lots 8 and 9 Block 2, Sunrise Cay, Ocean
Reef Plat No. 15, according to the Plat Book 7, Page 20, of the public records of Monroe County,
Florida.
J10 Agreement for Professional Services between Mayte Santamaria and Monroe
County. I've also attached a W9 for Mrs. Santamaria to complete. Accounts payable cannot
pay any invoices, which may come in, without this form.
R3 Resolution No. 091 -2018 allowing the placement of temporary emergency housing at
mobile home parks and RV parks for the temporary occupancy by residents displaced by
Hurricane Irma, pursuant to the Planning Director and Building Official approving the locations
for the temporary emergency housing, for an additional 180 days to end of August 31, 2018;
initially adopted via BOCC Resolution No. 218 -2017 for 180 days, pursuant to Section 103 -
1(b) of the Monroe County Land Development Code.
Should you have any questions, please feel free to contact me at extension 3130.
cc: County Attorney
Finance
File
AGREEMENT FOR SERVICES
THIS AGREEMENT is made as of this 21st day of February ,
2018, between Monroe County ( "COUNTY "), a political subdivision of the State of
Florida, whose address is 1100 Simonton Street, Key West, Florida 33040 and Mayte
Santamaria, ( "CONSULTANT "), whose address is 601 East Easy Street, Fort Pierce, FL
34982, for expert witness and consulting services, and other matters.
WHEREAS, CONSULTANT was the Senior Director of Planning and
Environmental Resources for Monroe County until February 21, 2018, and has specific
knowledge and ability which the COUNTY may need in connection with future planning
and land use matters; and
WHEREAS, CONSULTANT desires to render these Services as described in
SECTION I, Scope of Services;
NOW, THEREFORE, COUNTY and CONSULTANT in consideration of the
mutual covenants contained herein, agree as follows:
SECTION I. SCOPE OF SERVICES
CONSULTANT will provide assistance to.County as agreed to by both parties for any
and all matters so requested by the County.
SECTION II. COMPENSATION
Compensation for CONSULTANT'S Services under this Agreement shall be at the rate
of $200.00 per hour.
SECTION III. PAYMENT
Consultant shall be reimbursed for travel and other expenses only to the extent and in the
amounts authorized by Florida Statute 112.061 and Local Code Sections 2- 106 -117 of the
Monroe County Code; payment will be made periodically, but no more frequently than
monthly, in arrears. Expenses and documentation of work performed shall be submitted
by CONSULTANT and authorized by the COUNTY in writing with backup
documentation as required by the Clerk of Court.
The COUNTY'S performance and obligation to pay under this Agreement is contingent
upon an annual appropriation by the Board of County Commissioners and the approval of
the Board members at the time of contract initiation and its duration.
If the CONSULTANT'S duties, obligations and responsibilities are materially changed
by written amendment to this Agreement after execution of this Agreement,
compensation due to the CONSULTANT may be equitably adjusted, either upward or
downward.
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SECTION IV. PERIOD OF SERVICE
This Agreement shall become effective upon execution by all parties and shall continue
in effect for one year or until the services are completed or terminated. This Agreement
may be terminated by either party, with or without cause, upon seven days written notice
to the other party. This agreement may be extended for additional one year periods by
written consent of both parties.
SECTION V. LIABILITY
CONSULTANT is to be, from a liability perspective, treated as an agent working for the
County under this Agreement and is to be held harmless from any liability for any work
undertaken as a result of the Agreement.
SECTION VI. CONTROLLING LAW
This Agreement is to be governed by the law of the State of Florida. Venue shall be in
Monroe County.
SECTION VII. SEVERABILITY
If any provision of this Agreement is held invalid or unenforceable, the remaining
provisions shall be valid and binding upon the parties. One or more waivers by either party
of any provision, term or condition shall not be construed by the other party as a waiver of
any subsequent breach of the same provision, term or condition.
SECTION VIII. NONDISCRIMINATION
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 VII 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
handicaps; 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 patient records; 8) Title VIII of the
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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 §§ 1201), as 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.
SECTION IX. NOTICE
Any notices sent by the parties shall be deemed to have been duly served if delivered in
person to the individuals and addresses listed below, or if delivered or sent by first class
mail, certified, return receipt, or by courier with proof of delivery. All written
correspondence to the COUNTY shall be dated and signed by an authorized
representative of the CONSULTANT. The correspondence shall be directed to:
FOR COUNTY:
County Attorney
1111 12" Street, Suite 408
Key West, Florida 33040
FOR CONSULTANT:
Mayte Santamaria
601 East Easy Street
Fort Pierce, FL 34982
SECTION X. NO THIRD PARTY BENEFICIARIES
Nothing contained herein shall create any relationship, contractual or otherwise, with or
any rights in favor of, any third party.
SECTION XI. BINDING EFFECT
The terms, covenants, conditions, and provisions of this Agreement shall bind and inure
to the benefit of the COUNTY and CONSULTANT and their respective legal
representatives, successors, and assigns.
SECTION XII. 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.
SECTION XIII. ADJUDICATION OF DISPUTES OR DISAGREEMENTS
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COUNTY and CONSULTANT 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. COUNTY and CONSULTANT specifically agree that
no party to this Agreement shall be required to enter into any arbitration proceedings
related to this Agreement.
SECTION XIV. COVENANT OF NO INTEREST
CONSULTANT 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.
SECTION XV. 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.
SECTION XVI. EXECUTION
This Agreement, including any exhibits included herein, constitutes the entire Agreement
between CONSULTANT and COUNTY, and supersedes and controls over all prior written
or oral understandings. This Agreement may be amended, supplemented or modified only
by a written instrument duly executed by the parties.
SECTION XVII. PUBLIC RECORDS COMPLIANCE
Consultant 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 Consultant 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 Consultant 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 Consultant. Failure of the Consultant
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.
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The Consultant 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
Consultant 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
Consultant 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 Consultant or keep and maintain public records that would be
required by the County to perform the service. If the Consultant transfers all public
records to the County upon completion of the contract, the Consultant shall destroy any
duplicate public records that are exempt or confidential and exempt from public records
disclosure requirements. If the Consultant keeps and maintains public records upon
completion of the contract, the Consultant 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 Consultant of the request, and the Consultant must
provide the records to the County or allow the records to be inspected or copied within a
reasonable time.
If the Consultant 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 Consultant. A Consultant 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 Consultant 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. CONSULTANT HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 11.9, FLORIDA STATUTES, TO THE
CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN
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OF PUBLIC RECORDS, BRIAN BRADLEY AT PHONE# 305 -292-
3470 BRADLEY- BRIAN(&,MONROECOUNTY- FL.GOV, MONROE
COUNTY ATTORNEY'S OFFICE 1111 12 Street, SUITE 408, KEY
WEST, FL 33040.
HEREOF, the parties hereto have executed this Agreement as of the day
tten above.
MADOK, Clerk
By:
Deputy Clerk
K 110 OUNTY ATTO�tNEY
ST 0i
JAWS
ASSIg ANT CO NTY ATTORNEY
Date _ .2 ?Z 7 t P
STATE OF FLORIDA
COUNTY OF MONROE
BOARD OF COUNTY
COMMISSIONERS OF
MONROE COUNTY, FLORIDA
On this day of 'U4Y, 2018, before me, the undersigned notary public, personally
appeared Mayte Santamaria known to me to be the person whose name is subscribed
above or who produced as identification, and acknowledged
that he is the person who executed the above Agreement for the purposes therein
cont 'ned. On
Notar Public
Print Name
My commission expires: O I I lai —
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JACLYNFLATT
Notary Public -State of Florida
Commission NGG075567
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Signature
Date: 21
On this day of 'U4Y, 2018, before me, the undersigned notary public, personally
appeared Mayte Santamaria known to me to be the person whose name is subscribed
above or who produced as identification, and acknowledged
that he is the person who executed the above Agreement for the purposes therein
cont 'ned. On
Notar Public
Print Name
My commission expires: O I I lai —
Seal
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JACLYNFLATT
Notary Public -State of Florida
Commission NGG075567
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My Comm. Expires Feb 21, 2021
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