Item M4 M.4
G BOARD OF COUNTY COMMISSIONERS
County of Monroe Mayor Sylvia Murphy,District 5
The Florida Keys l'U � � Mayor Pro Tern Danny Kolhage,District 1
�pw° Michelle Coldiron,District 2
Heather Carruthers,District 3
David Rice,District 4
County Commission Meeting
August 21, 2019
Agenda Item Number: M.4
Agenda Item Summary #5873
BULK ITEM: No DEPARTMENT: BOCC District 4
TIME APPROXIMATE: STAFF CONTACT: Tamara Lamarche(305) 289-6000
9:OOAM
AGENDA ITEM WORDING: Approval of agreement with Brandon A. Cooper to provide both
technology and administrative support services to the Duck Key Security District and its Advisory
Board as it relates to their security system devices, including security cameras, tag readers, speed
readers and related equipment.
ITEM BACKGROUND: Over the past few years, the Advisory Board has approved purchase and
installation of security cameras at the bridges and several electronic radar speed signs on the
residential islands of Duck Key. The IT demands of the equipment and tracking maintenance
servicing by the vendor under contract, and Comcast, have surpassed the ability of the Chair and
board to handle. Also miscellaneous administrative support duties as assigned.
PREVIOUS RELEVANT BOCC ACTION: BOCC approved the independent contractor, Susan
Ward, to perform administrative support functions for the advisory board.
CONTRACT/AGREEMENT CHANGES:
NA
STAFF RECOMMENDATION: Approval.
DOCUMENTATION:
Brandon_Cooper_Resume_7-19-19 copy
EXECUTED AND STAMPED Consultant Agreement Brandon Cooper 8 2 19
Minutes DKSDAB Jul 22 2019 Project Mgr
FINANCIAL IMPACT:
Effective Date: August 21, 2019
Expiration Date: N/A
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M.4
Total Dollar Value of Contract: Lump Sum Amount of$49,999.99 (at a rate of$25 per hour
and 10 hours weekly). This amount may only be modified by BOCC approval.
Total Cost to County: $49,999.99 maximum (10 hrs. week at$25.00 an hour)
Current Year Portion: $13,000.00 per year (estimated at$25 x 10 hours weekly)
Budgeted: Yes
Source of Funds: Duck Key Security Taxing District#001-04501-530-540
CPI: N/A
Indirect Costs: N/A
Estimated Ongoing Costs Not Included in above dollar amounts: N/A
Revenue Producing: No If yes, amount:
Grant: No
County Match: NA
Insurance Required: No
Additional Details:
Duck Key Security District fund 4001-04501. Funds have been identified. The District paid for
administrative secretariial assistance in the past. Expense will be $25.00, at approximately 10
hrs. per week/40 hours a month. Additional time required will be approved by Board Chair as
needed. Not to exceed $49,999.99 annually, modified beyond this total amount only by BOCC
approval.
REVIEWED BY:
David Rice Skipped 07/29/2019 3:55 PM
Christine Limbert Completed 08/02/2019 2:34 PM
Kathy Peters Completed 08/02/2019 3:39 PM
Board of County Commissioners Pending 08/21/2019 9:00 AM
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Contact
Brandon A. Cooper
Tel:33 6.4 .0000
!!,l;wci I t l,,ace ei L„ Ieei, email: brandonacooper@gmaii.com
117 Nassau Street, Marathon, FL 33050
Objective
Detail and team oriented networking professional,that is results driven and strives for technical excellence.
Continuously brings designs or technology solutions to the meet business objectives.Excels at taking complex projects
and breaking them into executable steps to achieve the end business goal,while working with diverse teams both
large and small.
Specific Technology Experience:
IL
as
➢ IP Surveillance Systems:Axis and Mobotix
➢ Switches:All models of Arista switches,Cisco Nexus and Catalyst 6500,3800,3700,and 3500 series
➢ Routers: Cisco 7200,3900,3800,2900 2
➢ Firewalls/etc:Cisco ASA, Fortinet Fortigate, PAN, Radware Linkproof,Cisco IOS Firewall, IPTables
➢ Protocols: BGP,OSPF, ISIS, EIGRP, Multicast, PIM,STP, LACP, MPLS,VXLAN, EVPN, PTP, BFD
➢ Management:Solarwinds,SNMP,sFlow, Netflow,Syslog,AAA, Radius
➢ 1-1/1-2: 1/10/25/40/50/100Gb/400Gb Ethernet, Metro Ethernet, PoE,802.11,Token Ring
➢ Other: QOS,VoIP(Cisco IP Phones, UCM,Cisco Unity, Interactive Intelligence ACD),CUBE
➢ Storage: EMC Clarion,Cisco MDS and Brocade fiberchannel switches, iSCSI, NFS
➢ Virtualization:VMWare ESXi/vSphere, KVM
➢ Security: RSA SecurlD, PKI, IPSec
➢ OS Experience: Linux,Windows, Mac
CL
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Professional Experience:
Arista Networks May 2014—Present
Technical Solutions Engineer
CL
Responsible for bringing solutions to customers with their product and technology needs,to bring the highest level of end
customer satisfaction with Arista's hardware and software of �3
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➢ Takes ownership of high priority technical issues of critical customers,in complex multivendor datacenter environments
➢ Leveraged lab and test environments to re-create customer networks to bring resolution to customers
➢ Worked along with Arista's internal teams as needed to bring the correct resources to customers
➢ Performs protocol and process analysis to isolate issues in multivendor-multiprotocol customer networks
➢ Reviewing of low level debugging and log analysis to isolate hardware and software faults E
➢ Continuously keeping abreast of Arista's pipeline of new hardware and software offerings
➢ Produces custom solutions to customer's needs and requests
➢ Designated Engineer for the largest ISP in the US
➢ Provides expert level analysis of BGP,OSPF, ISIS
➢ Deep knowledge on packet/frame forwarding pipelines in various hardware and software architectures
➢ Subject matter expert on L1 technologies and PHY
➢ Production of training materials on new technologies
Allegacy Federal Credit Union July 2001—May 2014
Network Engineer 111—Winston-Salem,NC
Senior lead network team member, responsible for all aspects of datacenter, LAN/WAN,and security architecture and
engineering.
M.4.a
➢ Made planning and design recommendations for the credit union,and other business units of the credit union as
applicable to current and future needs to meet business objectives
➢ Provided budgeting and long range planning in regard to network hardware,software,and service needs
➢ Established and maintained processes to document network architecture/design that were also used to bring
satisfaction of various regulatory and audit requirements
➢ Maintained relationships with strategic technology business partners,and developed new relationships to bring the
best technologies to the company.
➢ Translated complex business needs into the network architecture
➢ Implemented VoIP SIP trunks for toll free, long distance,and local calling
➢ Managed Interaction Intelligence IVR Contact Center Platform
➢ Performed all upgrades and installs of CUCM,Cisco Unity and related components.
➢ Engineered and managed VMWare Cluster using HP blades, Brocade FC switches and EMC SAN
Computer Credit Inc— Winston-Salem, NC Dec 2000— Jul 2001
Systems Administrator
L_
Administered and supported a wide variety of business critical networks, hardware and software. CL
➢ Managed and supported many custom business applications
➢ Exposure various legacy networking technologies
➢ Maintained and supported system backups
➢ Continuously looked for new solutions to meet business needs
Education and Professional Certifications
➢ Forsyth Technical Community College,AAS, Network Administration and SupportCL
➢ Cisco CCNP 0
➢ Cisco Certified Network Associate (CCNA),7/01
➢ Microsoft Certified Professional (MCP), 1/00
➢ Cisco Network Academy Curriculum,Winston-Salem, NC(1999-2000)
➢ A+Certified Technician,9/00
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AGREEMENTFOR
CONSULTING SERVICES
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The Duck Key Security District
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This Agreement ("Agreement") made and entered into this 21st day of August 2019 by and!
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between Monroe County, a political subdivision of the State of Florida, whose address is 1100
Simonton Street, Key West, Florida, 33040, its successors and assigns, as the governing body of
the Duck key Security District, hereinafter referred to as "COUNTY," through the Monroe County
Board of County Commissioners ("BOCC"),
AND
Brandon A. Cooper, an individual, whose address is 117 Nassau Street, Marathon, FL
33050, hereinafter referred to as "CONSULTANT",
WITNESSETH:
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WHEREAS, COUNTY desires to employ the services of CONSULTANT for consultation and W
assistance with the Duck Key Security District's security system and devices, including but not C)
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limited to security cameras, tag readers, speed readers and technology support as it relates to N
those systems and as set forth in more detail in Attachment A; and 00
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WHEREAS, CONSULTANT has agreed to provide professional services, which shall be 0
collectively referred to as the "Project";
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NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements
stated herein, and for other good and valuable consideration, the sufficiency of which is hereby
acknowledged, COUNTY and CONSULTANT agree as follows:
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ARTICLE 1 2
1.1 REPRESENTATIONS AND WARRANTIES
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By executing this Agreement, CONSULTANT makes the following express representations and r-
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warranties to the COUNTY:
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1.1.1 The CONSULTANT shall maintain all necessary licenses, permits or other authorizations
necessary to act as CONSULTANT for the Project until the CONSULTANT'S duties
hereunder have been fully satisfied;
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1.1.2 The CONSULTANT has become familiar with the Project site and the local conditions under
which the work is to be completed.
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1.1.3 The CONSULTANT shall prepare all documentation required by this Agreement in such a U
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manner that they shall be accurate, coordinated and adequate for use in verifying work X
completed by CONSULTANTs and associated costs and shall be in conformity and comply W
with all applicable law, codes and regulations. The CONTRACTOR warrants that the
documents prepared as a part of this Agreement will be adequate and sufficient to E
document costs in a manner that is acceptable for reimbursement by government agencies,
therefore eliminating any additional cost due to missing or incorrect information;
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1.1.4 The CONSULTANT assumes full responsibility to the extent allowed by law with regards to
his performance and those directly under his employ.
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1.1.5 The CONSULTANT'S services shall be performed as expeditiously as is consistent with
professional skill and care and the orderly progress of the Project. In providing all services .2
pursuant to this agreement, the CONSULTANT shall abide by all statutes, ordinances, rules A
and regulations pertaining to, or regulating the provisions of such services, including those
now in effect and hereinafter adopted. Any violation of said statutes, ordinances, rules and
regulations shall constitute a material breach of this agreement and shall entitle the or
to terminate this contract immediately upon delivery of written notice of termination to the (n
CONSULTANT.
1.1.6 At all times and for all purposes under this agreement the CONSULTANT is an independent
contractor and not an employee of the Board of County Commissioners for Monroe County.
No statement contained in this agreement shall be construed to find the CONSULTANT or
any of his/her employees, contractors, servants, or agents to be employees of the Board of
County Commissioners for Monroe County. .2
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1.1.7 The CONSULTANT shall not discriminate against any person on the basis of race, creed, W
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color, national origin, sex, age, or any other characteristic or aspect which is not job related,
in its recruiting, hiring, promoting, terminating, or any other area affecting employment
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under this agreement or with the provision of services or goods under this agreement.
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1.1.8 The effective date of this AGREEMENT shall be August 21, 2019. 0
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ARTICLE 11
SCOPE OF BASIC SERVICES
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2.1 DEFINITION E
CONSULTANT'S Scope of Basic Services consists of those described in Attachment A. The
CONSULTANT shall commence work on the services provided for in this Agreement promptly.
2.2 CORRECTION OF ERRORS, OMISSIONS, DEFICIENCIES
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The CONSULTANT shall, without additional compensation, promptly correct any errors, omissions,
deficiencies, or conflicts in the work performed by the CONSULTANT. W
2.3 NOTICE REQUIREMENT
All written correspondence to the COUNTY shall be dated and signed by an authorized Z
representative of the CONSULTANT. Any notice required or permitted under this agreement shall
be in writing and hand delivered or mailed, postage pre-paid, to the COUNTY by certified mail, W
return receipt requested, to the following:
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Roman Gastesi, County Administrator X
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1100 Simonton Street
Key West, Florida 33040
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For the CONSULTANT:
Brandon A. Cooper
117 Nassau Street 2,
Marathon, FL 33050
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ARTICLE III A
ADDITIONAL SERVICES
3.1 The services described in Article III that may be provided by the CONSULTANT (provided
for example purposes only) and are not included in Basic Services-Attachment A. If
requested by the COUNTY they shall be paid for as an addition to the compensation paid
for the Basic Services but only if approved by the COUNTY before commencement.
A. Providing services of CONSULTANT for other than the previously listed scope of the
Project provided as a part of Basic Services.
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3.2 If Additional Services are required, such as those listed above, the COUNTY shall issue a >
letter requesting and describing the requested services to the CONSULTANT. The W
CONSULTANT shall respond with a fee proposal to perform the requested services. Only M
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after receiving an amendment to the Agreement and a notice to proceed from the N
COUNTY shall the CONSULTANT proceed with the Additional Services.
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ARTICLE IV 0
COUNTY'S RESPONSIBILI U
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4.1 The COUNTY shall provide full information regarding requirements for the Project including
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physical location of work or other information as needed upon request by the T
CONSULTANT.
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4.2 The COUNTY shall designate a representative to act on the COUNTY's behalf with respect 2
to the Project. The COUNTY or its representative shall render decisions in a timely manner
pertaining to documents submitted by the CONSULTANT to avoid unreasonable delay in
the orderly and sequential progress of the CONSULTANT'S services.
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0.3 Prompt written notice shall be given by the COUNTY and its representative to the U
CONSULTANT if they become aware of any fault or defect in the Project or non- a
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conformance with the Agreement Documents. Written notice shall be deemed to have been
duly served if sent pursuant to paragraph 2.3.
4.4 The COUNTY shall furnish the required information and services and shall render
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approvals and decisions as expeditiously as necessary for the orderly progress of the
CONSULTANT'S services and work of the contractors.
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4.6 The COUNTY's review of any documents and work product prepared by the CONSULTANT
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shall be solely for determining whether such documents are generally consistent with the X
COUNTY's criteria, as, and if, modified. No review of such documents shall relieve the W
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CONSULTANT of responsibility for the accuracy, adequacy, fitness, suitability or
coordination of its work product. E
4.6 The COUNTY shall provide copies of necessary documents required to complete the work.
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4.7 Any information that may be of assistance to the CONSULTANT that the COUNTY has
immediate access to will be provided as requested,
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ARTICLE V
INDEMNIFICATION AND HOLD HARMLESS .2
A
The CONSULTANT covenants and agrees to indemnify, hold harmless and defend COUNTY, its
commissioners, officers, employees, agents and servants from any and all claims for bodily injury,
including death, personal injury, and property damage, including damage to property owned by
Monroe County, and any other losses, damages, and expenses of any kind, including attorney's (n
fees, court costs and expenses, which arise out of, in connection with, or by reason of services
provided by CONSULTANT.
The first ten dollars ($10.00) of remuneration paid to the CONSULTANT is consideration for the
indemnification provided for above.
This indemnification shall survive the expiration or earlier termination of the Agreement.
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ARTICLE VI W
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COMPENSATION It-
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6.1 PAYMENTSUM 00
The COUNTY shall pay the CONSULTANT in current funds for the CONSULTANT'S performance 0
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of this Agreement, in a not to exceed lump sum amount of$49,999.99, at a rate of$25 per hour. It
is anticipated that the CONSULTANT will perform no more than 10 hours of work per week.
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6.2 PAYMENTS
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6.2.1 For its assumption and performances of the duties, obligations and responsibilities set forth 0
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herein, the CONSULTANT shall be paid monthly.
(A) As a condition precedent for any payment due under this Agreement, the
CONSULTANT shall submit monthly, unless otherwise agreed in writing by the
COUNTY, a proper invoice to COUNTY requesting payment for services properly
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rendered and reimbursable expenses due hereunder. The CONSULTANT'S invoice r-
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shall describe with reasonable particularity the service rendered. The
CONSULTANT'S invoice shall be accompanied by such documentation or data in
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support of expenses for which payment is sought at the COUNTY may require,
including but not limited to back up documentation sufficient for reimbursement of
expenses by FEMA or other governmental agencies.
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(B) Payment shall be made pursuant to the Local Government Prompt Payment Act,
218.70, Florida Statute.
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(C) Rates shall be inclusive of all reimbursable expenses, including travel.
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6.3 BUDGET W
6.3.1 The CONSULTANT may not be entitled to receive, and the COUNTY is not obligated to E
pay, any fees or expenses in excess of the amount budgeted for this contract in each fiscal
year (October 1 - September 30) by COUNTY's Board of County Commissioners. The
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budgeted amount may only be modified by an affirmative act of the COUNTY's Board of
County Commissioners.
6.3.2 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. .2
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ARTICLE VII
MISCELLANEOUS
7.1 SECTION HEADINGS
Section headings have been inserted in this Agreement as a matter of convenience of
reference only, and it is agreed that such section headings are not a part of this Agreement
and will not be used in the interpretation of any provision of this Agreement.
7.2 OWNERSHIP OF THE PROJECT DOCUMENTS
The documents prepared by the CONSULTANT for this Project belong to the COUNTY and
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may be reproduced and copied without acknowledgement or permission of the .T
CONSULTANT.
7.3 SUCCESSORS AND ASSIGNS
The CONSULTANT shall not assign or subcontract its obligations under this agreement, 00
except in writing and with the prior written approval of the Board of County Commissioners
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for Monroe County and the CONSULTANT, which approval shall be subject to such 0
conditions and provisions as the Board may deem necessary. This paragraph shall be
incorporated by reference into any assignment or subcontract and any assignee or 0
subcontractor shall comply with all of the provisions of this agreement. Subject to the
provisions of the immediately preceding sentence, each party hereto binds itself, its
successors, assigns and legal representatives to the other and to the successors, assigns
and legal representatives of such other party.
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7.4 NO THIRD-PARTY BENEFICIARIES
Nothing contained herein shall create any relationship, contractual or otherwise, with or any
rights in favor of, any third party.
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7.6 TERMINATION 0
A. In the event that the CONSULTANT shall be found to be negligent in any aspect of
service, the COUNTY shall have the right to terminate this agreement after five days W
written notification to the CONSULTANT.
B. Either of the parties hereto may cancel this Agreement without cause by giving the (n
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other party sixty (60) days written notice of its intention to do so. z
7.6 CONTRACT DOCUMENTS W
This contract consists of this Agreement, including and attachment A, and modifications
made after execution by written amendment. In the event of any conflict between any of W
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the Contract documents, the one imposing the greater burden on the CONSULTANT will W
control.
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7.7 PUBLIC ENTITIES CRIMES
A person or affiliate who has been placed on the convicted vendor list following a conviction 2
for public entity crime may not submit a bid on contracts to provide any goods or services to
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M.4.b
a public entity, may not submit a bid on a contract with a public entity for the construction or
repair of a public building or public work, may not submit bids on leases of real property to
public entity, may not be awarded or perform work as a contractor, supplier, subcontractor,
or CONSULTANT under a contract with any public entity, and may not transact business
with any public entity in excess of the threshold amount provided in Section 27. 17 of the °
Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being
placed on the convicted vendor list.
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By signing this Agreement, CONSULTANT represents that the execution of this Agreement
will not violate the Public Entity Crimes Act (Section 287.133, Florida Statutes). Violation of
this section shall result in termination of this Agreement and recovery of all monies paid
hereto and may result in debarment from COUNTY's competitive procurement activities.
In addition to the foregoing, CONSULTANT further represents that there has been no
determination, based on an audit, that it or any subcontractor has committed an act defined
by Section 287.133, Florida Statutes, as a "public entity crime" and that it has not been
formally charged with committing an act defined as a "public entity crime" regardless of the U)
amount of money involved or whether CONUSULTANT has been placed on the convicted
vendor list.
CONSULTANTill promptly notify the COUNTY if it is formally charged wi n act
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defined "public entity crime" or has been placed on the convicted vendor list.
MAINTENANCE7.8
CONSULTANT 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 five years from the
termination of this. 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 four years following
the termination of this Agreement. If an auditor employed by the COUNTY or Clerk
determines that monies paid to CONSULTANT pursuant to this Agreement were spent for
purposes not authorized by this Agreement, or were wrongfully retained by the
CONSULTANT, the CONSULTANT shall repay the monies together with interest calculated
pursuant to Sec. 5 .03, of the Florida Statutes, running from the date the monies were paid U)
by the COUNTY.
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GOVERNING7.9
, INTERPRETATION, COSTS, AND FEES W
This Agreement shall be governed by and construed in accordance with the laws of the
State of Florida applicable to contracts made and to be performed entirely in the State. In
the event that any cause of action or administrative proceeding is instituted for the
enforcement or interpretation of this Agreement, COUNTY and CONSULTANT agree that
venue shall lie in the 16t' Judicial Circuit, Monroe County, Florida, in the appropriate court
or before the appropriate administrative body. This agreement shall not be subject to
arbitration. Mediation proceedings initiated and conducted pursuant to this Agreement shall
be in accordance with the Florida Rules of Civil Procedure and usual and customary W
procedures required by the circuit court of Monroe County.
7.10 SEVERABILITY
If any term, covenant, condition or provision of this Agreement (or the application thereof to
any circumstance or person) shall be declared invalid or unenforceable to any extent by
court of competent jurisdiction, the remaining terms, covenants, conditions and provisions
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M.4.b
of this Agreement, shall not be affected thereby; and each remaining term, covenant,
condition and provision of this Agreement shall be valid and shall be enforceable to the
fullest extent permitted by law unless the enforcement of the remaining terms, covenants,
conditions and provisions of this Agreement would prevent the accomplishment of the
original intent of this Agreement. The COUNTY and CONSULTANT agree to reform the °
Agreement to replace any stricken provision with a valid provision that comes as close as
possible to the intent of the stricken provision.
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7.11
ATTORNEY'ATTORNEY'S FEES AND COT
The COUNTY and CONSULTANT agree that in the event any cause of action or
administrative proceeding is initiated or defended by any party relative to the enforcement
or interpretation of the Agreement, the prevailing party shall be entitled to reasonable
attorney's fees and court costs, as an award against the non-prevailing party, and shall
include attorney's fees and courts costs in appellate proceedings.
7.12 BINDING F T
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.
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7.13 AUTHORITY
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Each party represents and warrants to the other that the execution, delivery and
performance of this Agreement have been duly authorized, as required by law.
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7.15 ADJUDICATIONF DISPUTES OR DISAGREEMENTS
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. This Agreement is not subject to arbitration. Any claim or dispute that the
parties cannot resolve shall be decided by the Circuit Court, 1th Judicial Circuit, Monroe
County, Florida. This provision does not negate or waive the provisions of paragraph 7.
concerning termination or cancellation.
COOPERATION7.16 U)
In the event any administrative or legal proceeding is instituted against either party relating 0
to the formation, execution, performance, or breach of this Agreement, COUNTY and
CONSULTANT agree to participate, to the extent required by the other party, in all
proceedings, hearings, processes, meetings, and other activities related to the substance of
this Agreement or provision of the services under this Agreement. COUNTY and
CONSULTANT specifically agree that no party to this Agreement shall be required to enter (n
into any arbitration proceedings related to this Agreement.
7.17 NONDISCRIMINATION
The parties agree that there will be no discrimination against any person, and it is expressly M
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 196 (PL 8-352)1
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
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§§ 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 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), as
amended from time to time, relating to nondiscrimination in employment on the basis of
disability; 10) Monroe County Code Chapter 14, Article 11, 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 U)
Agreement.
7.18 COVENANT OF NO INTEREST
CONSULTANT and COUNTY covenant that neither presently has any interest, and shall
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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. 0
7.19 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.
7.20 NO SOLICITATIONIPAYMENT
The CONSULTANT and COUNTY warrant that, in respect to itself, it has neither employed U)
nor retained any company or person, other than a bona fide employee working solely for it,
or-
to solicit or secure this Agreement and that it has not paid or agreed to pay any person,
company, corporation, individual, or firm, other than a bona fide employee working solely
for it, any fee, commission, percentage, gift, or other consideration contingent upon or
resulting from the award or making of this Agreement. For the breach or violation of the
provision, the CONSULTANT agrees that the COUNTY shall have the right to terminate this
Agreement without liability and, at its discretion, to offset from monies owed, or otherwise
recover, the full amount of such fee, commission, percentage, gift, or consideration.
7.21 PUBLIC .
Public Records Compliance. CONSULTANT must comply with Florida public records W
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
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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.
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: �s
(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 U)
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
00
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 0
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. U)
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If the CONSULTANT does not comply with theCounty's request for records, the County
shall enforce the public records contract provisions in accordance with the contract,
notwithstanding theCounty'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. W
IF THE CONSULTANT HAS QUESTIONSREGARDING
APPLICATION I E
PROVIDECONSULTANT'S DUTY TO I
RELATING1CUSTODIAN
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33040.
7.22 NON-WAIVER F IMMUNITY
Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the
CONSULTANT and the COUNTY in this Agreement and the acquisition of any commercial
liability insurance coverage, self-insurance coverage, or local government liability insurance
pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage,
nor shall any contract entered into by the COUNTY be required to contain any provision for
waiver.
7.23 PRIVILEGES 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
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outside the territorial limits of the COUNTY.
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7.24 LEGAL OBLIGATIONS AND RESPONSIBILITIES
Non-Delegation of Constitutional or Statutory Duties. This Agreement is not intended to,
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
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offered in satisfaction of the obligation or responsibility. Further, this Agreement is not 0
intended to, nor shall it be construed as, authorizing the delegation of the constitutional or E
statutory duties of the COUNTY, except to the extent permitted by the Florida constitution,
state statute, and case law.
7.25 NON-RELIANCE NON-PARTIES
No person or entity shall be entitled to rely upon the terms, or any of them, of this
Agreement to enforce or attempt to enforce any third-party claim or entitlement to or benefit 0
of any service or program contemplated hereunder, and the CONSULTANT and the
COUNTY agree that neither the CONSULTANT nor the COUNTY or any agent, officer, or
employee of either shall have the authority to inform, counsel, or otherwise indicate that any
particular individual or group of individuals, entity or entities, have entitlements or benefits
under this Agreement separate and apart, inferior to, or superior to the community in (n
general or for the purposes contemplated in this Agreement.
ATTESTATIONS7.26 IN NEGOTIATION
CONSULTANT agrees to execute such documents as COUNTY may reasonably require, M
including a Public Entity Crime Statement, an Ethics Statement, and a Drug-Free
Workplace Statement. Signature of this Agreement by CONSULTANT shall act as the
execution of a truth in negotiation certificate stating that wage rates and other factual unit
costs supporting the compensation pursuant to the Agreement are accurate, complete, and
current at the time of contracting. The original contract price and any additions thereto shall
be adjusted to exclude any significant sums by which the agency determines the contract
price was increased due to inaccurate, incomplete, or concurrent wage rates and other
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Packet Pg. 1642
factual unit costs. All such adjustments must be made within one year following the end of
the Agreement.
0
7.27 NO PERSONAL LIABILITY
No covenant or agreement contained herein shall be deemed to be a covenant or .2-
agreement of any member, officer, agent or employee of Monroe County in his or her A
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.
7.28 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 any of the parties hereto may execute this Agreement by signing any such
counterpart.
IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its duly
authorized representative on the day and year first above written. >
MONROE COUNTY
(SEAL) Board of County Commissioners 00
Attest: Kevin Madok, Clerk of Monroe County
0
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Deputy Clerk Mayor/Chairman
MONROE COUNTY ATTORNEY
0 D AS T FORM- T
CONSULTANT
CMUSTINE LIMBERT-BARROWS E
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By: ASSISTANT C AJr ATTORNEY 2
DATE:w.w _L
Brand&A. Cooper
The forego ng instrument was acknowledged before me this dav of 2019, by
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CV 40 0-1_` r_6Leh2lorl A Who is personally known to me oT pro a 0
driver's license as identificAtion.
W
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NOTARY PUBLIC, STATE OF FLORIDA
TAMW LWARCK
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Print, type of stamp commissioned name of W
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END OF AGREEMENT
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ATTACHMENT A TO AGREEMENT
SCOPE OF WORK 2,
.2
Approach &Scope of Work A
The CONSULTANT will perform the following Scope of Work/Duties:
• Monitoring cameras to make sure they are recording properly, reporting any malfunctions
and meeting with camera repair or Comcast repairmen;
• Checking the speed radars to make sure they are functioning properly; reporting any
malfunction, coordinating meeting with repairmen, printing reports from the speed radars
online software for Monroe County Sheriff's Office (MCSO) and to share at the Duck Key
Security District's (DKSD) advisory board meetings;
• Searching the Monroe County website (monroecounty-fl.gov) for Duck Key related business
• Coordinating closely with the DKSD advisory board's Chairperson and Commissioner
.2
Rice's office; T
• Attending DKSD advisory board meeting every other month;
• Other miscellaneous duties to support the activities of the DKSD.
Approach 00
• It is undersood that CONSULTANT's scope of work/duties requires an average of 10 hours
of work per week but it may vary from week to week. The CONSULTANT will be required to 0
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submit a invoice in accordance with the provisions set forth in this Agreement. Hours work U
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in access of 10 hours per week will require special approval of the advisory board. 0
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• The CONSULTANT has experience in working in the Microsoft PC environments and has
adequate Wi-Fl service to perform the scope of work/duties.
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For: Dave Maki
Against: Rick Sherman
MOTION CARRIED
C. Chair Hernandez reported that the application for"Slow Speed in all Duck Key
Canals" has already been sent to FWC Tallahassee by Rich Jones, Marine Resources
for Monroe County. We are hoping to hear soon that it has been approved.
NEW BUSINESS
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A. Privatization of cul-de-sacs L_
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At Bill Grayden's request, the privatization of the cul-de-sacs was discussed. Bill was
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concerned with the aesthetics of the privatized cul-de-sac. He also expressed concern with a
debris on the cul-de-sac after a hurricane. Jay Miller and Chair Hernandez did not feet it
was a security issue. Bill's main concern was that someone needs to go over the BOCC
Agenda so we do not miss issues of importance to Duck Key in the future. Chair Hernandez (n
said she was planning to take care of this. Comments were made by Chris Waddill, DKPOA
Secretary, Manny Pascal, resident, and Ron Oestreicher, DKPOA treasurer, indicating that
everything had been done legally,and we needed to concentrate on future issues discussed
by BOCC that affected Duck Key.
B. Guard house:
Chair Hernandez read a statement from County Attorney Christine Lim bert stating that a
guard house or gate is not allowed in public roads. If we were to privatize the roads, we
would be responsible for all the costs of repairs and maintenance of roads and bridges.
75
C. Description of duties for Duck Key Security- Rick Sherman offered corrections and
suggestions and will email them to the Chair.
D. New Assistant:
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Chair Hernandez said she had found someone to replace Susie Ward who could help us
with our cameras, radar signs, BOCC agendas, and many other technical issues.
MOTION: To hire Brandon Cooper as Project Manager at$2S.00 per hour, for an average of E
10 hours per week, to monitor and supervise the cameras, the radar signs, and to assist
with other DKSAB related business. Z
First by Sylvia Hernandez; seconded by Rick Sherman.
MOTION CARRIED
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