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04/10/2018 Agreement Monroe County Purchasing Policy and Procedures j ATTACHMENT D.6 COUNTY ADMINISTRATOR CONTRACT SUMMARY FORM FOR CONTRACTS LESS THAN$50,000.00 Contract with: Paul Witkiewitz Contract# Effective Date: 4-10-2018 Expiration Date: None Contract Purpose/Description: Paralegal services. Contract is Original Agreement Contract Amendment/Extension Renewal Contract Manager: ynthia Hall 3174 County Attorney(7) (Name) (Ext.) (Department/Stop#) CONTRACT COSTS Total Dollar Value of Contract: $ Current Year Portion: $ SKrr (must be less than$50, 000 up to$5,000) (If multiyear agreement then requires BOCC approval,unless the h ,10 total cumulative amount is less than "1,J !" s 50,000.00). ,_5-30.3/� Budgeted?Yes[l No ❑ Account Codes: ©0 I-tP DSO- - - Grant: $ - - - - County Match: $ - - - - ADDITIONAL COSTS Estimated Ongoing Costs: $ /yr For: (Not included in dollar value above) (e.g.maintenance,utilities,janitorial,salaries,etc.) CONTRACT REVIEW Changes Date Out Dat Needed ev. Department Head /�� es❑No " ya/ie Risk Management Lf 1 3_1 8Yes❑Noa O.M.B./Purchasing 4)1 L1 1 1� Yes❑ akkriav 4 /10//&' County Attorney 3 `Ic‘Yes❑No XI L t ' 4-13-aP 6 Comments: Page 67 of 70 PROFESSIONAL SERVICES AGREEMENT THIS ; AGREEMENT ( "Agreement ") is made and entered into this 10TH_day of _ APRIL , 2018 by and between MONROE COUNTY, hereinafter referred to as Client, and PAUL WITKIEWITZ, hereinafter referred to as Contractor: WHEREAS, the Client requires certain professional paralegal services; and, WHEREAS, the Contractor represents that it is capable of providing such Services: NOW THEREFORE, in consideration of the promises contained herein, the parties hereto agree as follows: ARTICLE 1 - EFFECTIVE DATE The effective date of this Agreement shall be April 10, 2018. ARTICLE 2 - SERVICE TO BE PERFORMED The Contractor shall provide paralegal services with respect to various matters as requested by Monroe County, up to a maximum of five thousand dollars ($5,000.00). The County shall issue a task order for each matter. Task Order # 1 consists of the following: Up to 200 hours of research and drafting, to prepare contracts and /or procurement documents as necessary, for specified vendors selling goods or services to Monroe County during the pre -storm or immediate post -storm recovery period. The contracts and procurement documents must comply with the federal Super Circular provisions contained in 2 C.F.R. part 200. The County shall supply the list of vendors. ARTICLE 3 - COMPENSATION The Client shall pay the Contractor as follows: FEES: For all services performed by the Contractor, the hourly rates of twenty -five dollars ($25.00) will be paid for services, upon presentation of a proper invoice. COSTS: The above fee is all inclusive of all costs. There shall be no additional reimbursement for any costs, including but not limited to travel, per diems, photocopies, facsimiles, mail, postage or telephones. BILLING All invoices shall be sent to the Client on a periodic basis, not less than once per month. All bills shall be paid in accordance with Florida Government Prompt Payment Act unless there are disputed charges. All invoices shall bill for time in .10 hour increments. 1 Each bill shall contain enough detail to allow the Client to see the work that was done, per day, and a total number of hours and dollars for the time period covered by the invoice. ARTICLE 4 - COMPLIANCE WITH LAWS In performance of the Services, the Contractor will comply with applicable regulatory requirements including federal, state, and local laws, rules regulations, orders, codes, criteria and standards. ARTICLE 5 - TERMINATION OF AGREEMENT This Agreement shall continue until terminated by one of the parties as provided herein or until the spending cap in Article 2 is reached, whichever comes first. Either party has the right to terminated this Agreement, with or without cause, upon five (5) days' written notice to the other party. ARTICLE 6 - UNCONTROLLABLE FORCES Neither the Client nor the Contractor shall be considered to be in default of this Agreement if delays in or failure of performance shall be due to Uncontrollable Forces, the effect of which; by the exercise of reasonable diligence, the non - performing party could not avoid. The term "Uncontrollable Forces" shall mean any event which results in the prevention or delay of performance by a party of its obligations under this Agreement and which is beyond the reasonable control of the non - performing party. It includes, but is not limited to fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage, and governmental actions. Neither party shall, however, be excused from performance if nonperformance is due to forces which are preventable, removable, or remediable and which the non - performing party could have, with the exercise of reasonable diligence, prevented, removed, or remedied with reasonable dispatch. The non - performing party shall, within a reasonable time of being prevented or delayed from performance by an uncontrollable force, give written notice to the other party describing the circumstances and uncontrollable forces preventing continued performance of the obligations of this Agreement. ARTICLE 7 — CONFLICTS The Contractor warrants that he is not aware of any conflicts that would prohibit him from undertaking this work. If any legal conflicts arise, the Contractor will notify the County, and th'e parties will mutually agree on a resolution, or on a termination of this Agreement. ARTICLE 8 — INDEPENDENT CONTRACTOR RELATIONSHIP The parties agree that at all times and for all purposes herein, the Contractor is an independent contractor and not an employee of the Monroe County Board of County Commissioners. ARTICLE 9 — PUBLIC RECORDS 2 The following language is included as required by F.S. 11 .0701. Contractor and its subcontractors shall comply with all public records laws of the State of Florida, including 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 publiciagency 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, bradley- brian(a�monroecounty- fl.gov, c/o M,onroe County Attorney's Office, 1111 12th St., Suite 408, Key West FL 33040. ARTICLE 10 -- MISCELLEANEOUS This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. The prevailing party in any proceeding to resolve a dispute under this Agreement shall be entitled to recover reasonable expenses, including attorney's fees and costs. 3 d , ^s IN WITNESS WHEREOF, the Client and the Contractor have executed this Agreement as of the day and year first above written PAUL WITKIEWITZ MONROE COUNTY BOARD OF COUNTY COMMISSION By: By: `L Acting County Administrator Name: Paul Witkiewitz Name: 2 F yL 6kAthisit. Title: Ar_ au. -/ - M�cAlis'ritPr'tag— MONROE COUNTY ATTORNEY A' • ROV a AS O� YNTHIA L. HALL ASSIST NT COUNTY ATTORNEY Date -1 3 -ZD f q 4