08/21/2019 Agreement GV�S COURTq c
Kevin Madok, CPA
Clerk of the Circuit Court& Comptroller— Monroe Count Florida
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DATE: October 17, 2019
TO: Maria Guerra
IT Department
FROM: Pamela G. Hancock, D.C.
SUBJECT: August 21" BOCC Meeting
Attached is an electronic copy of the following item for your handling:
C2I Professional Services Agreement with Ricardo Castro for a year to provide
Information Technology consulting services in an annual amount not to exceed$36,000.00.
Should you have any questions,please feel free to contact me at ext. 3130.
cc: Countv Attorney_
Finance
File
KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING
500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road
Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florida 33070
305-294-4641 305-289-6027 305-852-7145 305-852-7145
AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT is made as of this 21 st day of August, 2019, between Monroe
County ("COUNTY"), a political subdivision of the State of Florida, whose address is 1100
Simonton Street, Key West, Florida 33040 and Ricardo Faber Castro Perez ("CONSULTANT"),
whose address is 17001 King James Way Apt 102, Gaithersburg, Maryland 20877, for expert
application development and IT consulting services.
WHEREAS, CONSULTANT was an employee for Monroe County for approximately
5 years until August 91h 2019, and has specific knowledge which the COUNTY may need in
connection with Information Technology (IT) systems including internal/external web
applications, and backup versioning systems for these applications that are operated and
maintained by the COUNTY, and other items of importance to Monroe County; and
WHEREAS, COUNTY desires to engage CONSULTANT to provide consulting
services in matters where his experience and knowledge of County IT web applications
will provide significant assistance to the Director of Information Technology and IT staff in
carrying out their responsibilities to and representation of Monroe County;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 IT consulting services as requested by the Director of Information
Technology or his designee or the County Administrator or his designee, and necessary related
research and investigation solely on behalf of COUNTY.
SECTION II. COMPENSATION
Compensation for CONSULTANT'S Services under this Agreement shall be at the rate of
$60.00 per hour, for a not to exceed amount of$36,000.00 per year.
SECTION III. PAYMENT
Payment will be made periodically, but no more frequently than monthly, in arrears, upon
presentation of an invoice in accordance with the Local Government Prompt Payment Act.
Consultant shall be reimbursed for travel and other expenses only to the extent and in the
amounts authorized by Section 2-106 et. seq. of the Monroe County Code. 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.
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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.
SECTION IV. PERIOD OF SERVICE
This Agreement shall become effective upon execution by all parties and shall continue in effect
for one year. This Agreement may be terminated as set forth in Section XVII
TERMINATION of this Agreement. This Agreement maybe modified or extended only in
writing and if approved by the Board of County Commissioners. Any extension hereof may be
subject to such changes in terms as the parties agree.
SECTION V. NON-WAIVER OF IMMUNITY AND HOLD HARMLESS
COUNTY and CONSUTLANT acknowledge that COUNTY does not waive immunity nor does
COUNTY agree to hold the CONSULTANT harmless; 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.
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
Ifany 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
CONSULTANT and COUNTY 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. CONSULTANT or COUNTY agrees to
comply with all Federal laws 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 prohibits discrimination on the basis of race, color religion, sex a n d
national origin; 2) Title IX
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of the Education Amendment of 1972, as amended (20 USC ss. 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 s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age
Discrimination Act of 1975, as amended (42 USC ss. 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, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of
alcohol and drug abuse patent records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s s.
360let seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9)
The Americans with Disabilities Act of 1990 (42 USC s. 12101 ), as maybe amended from time to
time, relating to nondiscrimination 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; 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: FOR CONSULTANT:
Mr. Robert Shillinger County Ricardo Faber Castro Perez
Attorney 17001 King James Way
P.O. Box 1026 Apt 102
Key West, Florida 33041 Gaithersburg, MD 20877
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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
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.
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SECTION XVII. TERMINATION
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 written notification to
the CONSULTANT.
B. Either of the parties hereto may cancel this Agreement without cause by giving the other party
sixty(60)days written notice of its intention to do so.
C. For Contracts of any amount, if the County determines that the Consultant has submitted
a false certification under Section 287.135(5), Florida Statutes or has been placed on the
Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel, the
County shall have the option of (1) terminating the Agreement after it has given the
Consultant written notice and an opportunity to demonstrate the agency's determination
of false certification was in error pursuant to Section 287.135(5)(a), Florida Statutes, or
(2) maintaining the Agreement if the conditions of Section 287.135(4), Florida Statutes,
are met.
SECTION XVIII. PUBLIC RECORDS
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.
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
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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 119, FLORIDA STATUTES, TO THE
CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO
THIS CONTRACT CONTACT THE CUSTODIAN OF PUBLIC RECORDS
BRIAN BRADLEY AT PHONE# 305-292-3470 BRADLEY-
B:R1AN 0NROECOUNTY-FL.GOV MONROE COUNTY ATTORNEY'S
OFFICE 1111 12TH Street SUITE 408 KEY WEST FL 33040.
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WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and
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