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11/10/2019 Agreement '1i! Monroe County Purchasing Policy - : . . • . -- ATTACHMENT D.5 COUNTY ADMINISTRATOR CONTRACT SUMMARY FORM FOR CONTRACTS LESS THAN $50,000.00 Contract with: ` i4ai a bit ru.iCL2tt±/ Contract# Effective Date: 7///2 0'9 Expiration Date: /2/3 rf/20/9 Contract Purpose/Description: de) 05 g-wn2 fI t_.tC he,4/407(44:4-c.%t rr, V QLeiti Contract is Original Agreement Contract Amendment/Extension Renewal Contract Manager: az/2-'1510 d oc .3l ,S'P te,vcceS 4'/ (Mime) (Ext.) (Department/Stop#) CONTRACT COSTS Total Dollar Value of Contract: $ 135/hote2. Current Year Portion: $ (must he less than S50 000) (If multiyear agreement then rrquues BOCC approval,unless the C total cumulattse amount is less than t 4 5 so ,Ol10 00) Budgeted? YesU No ❑ Account Co es: L3--121-Q/-// 7 -- 530 el90 Grant: $ /00 To 66zara 'guided ———— County Match: $ _ — ADDITIONAL COSTS Estimated Ongoing Costs: S_/yr For: Sf{(P '4A1i-11N. (Not included in dollar value above) (e.g. maintenance,utilities,janitorial,salaries,etc.) CONTRACT REVIEW Changes Date Out Date In Needed Reviewer Department Head YellMs❑Noll _ r0/Z3/2.0/9 111� "�� Risk Management Yes No(t J{)o�-1? 0.M.B./Purchasing Yes❑No( 13 \f g L J County Attomey YesO Norea Comments: Revised BOCC 7/17119 Page 73 of 86 A oRiGINAL VENDOR AGREEMENT Between Monroe County Social Services 1100 Simonton Street,Key West,Fl 33040 And Marie Brouillette This agreement is made for State Housing Initiatives Partnership Program (SHIP) Coordinator services between Monroe County Social Services (the Agency) and Marie Brouillette(the SHIP Coordinator or Vendor or Contractor). The parties hereto, for the considerations herein set forth, mutually agree as follows: 1) The SHIP Coordinator agrees to assume full responsibility for the following SHIP Coordinator services as follows: Responsibilities and functions shall include,but are not limited to,the following: • Review applicant documents to determine eligibility • Transmit emails and/or follow up contacts to applicants to obtain further required documents • Correspondence to applicants,realtors, closing agents, and other agencies • Contacts the staff at the Florida Housing Coalition(FHC) and Florida Housing Finance Cooperation(FHFC) • Create and prepare Promissory Notes and Mortgages, Income Certification Worksheets, Commitment Letters and Pay Request • Process Satisfaction of Mortgages • Participate in FHC webinars and workshops • Complete SHIP annual reports • Prepare and complete(Local Housing Assistance Plan) LHAP for BOCC agendas • Prepare SHIP budgets and work with the Finance Department of the Clerk of the Courts office. 2) This agreement ensures that these services are clearly and narrowly drafted in respect to the matters covered above. This agreement enters into consideration of the mutual covenants set forth herein and intending to be legally bound, the parties hereto agree as set forth herein. 3) Method of Payment: Monroe County Social Services agrees to pay the SHIP Coordinator at the rate of $35.00 per hour. A. COUNTY'S performance and obligation to pay under this agreement, is contingent upon annual appropriation by the Board of County Commissioners. B. COUNTY shall pay in accordance with the Florida Local Government Prompt Payment Act; payment will be made after delivery and inspection by COUNTY and upon submission of invoice by SHIP Coordinator. C. SHIP Coordinator shall submit to COUNTY invoices with supporting documentation acceptable to the Clerk, on a MONTHLY schedule in arrears. Acceptability to the Clerk is based on generally accepted accounting principles and such laws,rules and regulations as may govern the Clerk's disbursal of funds. 4) Term of Agreement. This agreement is entered into effective this July 1, 2019 and expires December 31, 2019. The SHIP Coordinator agrees to perform the Responsibilities and Duties of the SHIP Coordinator as related to SHIP Program requirements. 5) Vendors Financial records Vendor shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Each party to this Agreement or their 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 six years following the termination of this Agreement. If an auditor employed by the County or Clerk determines that monies paid to Vendor pursuant to this Agreement were spent for purposes not authorized by this Agreement, the Vendor shall repay the monies together with interest calculated pursuant to Sec. 55.03, FS, running from the date the monies were paid to Vendor. 6) Public Access Public Records Compliance. Vendor 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 Vendor 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 Vendor 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 Vendor. Failure of the Vendor 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 Vendor 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 Vendor 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 contractor 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 Vendor or keep and maintain public records that would be required by the County to perform the service. If the Vendor transfers all public records to the County upon completion of the contract, the Vendor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Vendor keeps and maintains public records upon completion of the contract, the Vendor 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 Vendor of the request, and the Vendor must provide the records to the County or allow the records to be inspected or copied within a reasonable time. IF THE VENDOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE VENDOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY,AT(305)292-3470 7) Non-Waiver of Immunity Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the County and the Vendor 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. 8) Independent Contractor At all times and for all purposes under this agreement the Vendor is an independent contractor and not an employee of the Board of County Commissioners of Monroe County. No statement contained in this agreement shall be construed so as to find the. Vendor or any of his employees, contractors, servants, or agents to be employees of the Board of County Commissioners of Monroe County. 9) 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 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 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. 10) Assignment/Subcontract The Vendor shall not assign or subcontract its obligations under this agreement, except in writing and with the prior written approval of the Board of County Commissioners of Monroe County which approval shall be subject to such 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 subcontractor shall comply with all of the provisions of this agreement. Unless expressly provided for therein, such approval shall in no manner or event be deemed to impose any additional obligation upon the board. 11) Compliance with law In providing all services/goods pursuant to this agreement, the Vendor shall abide by all statutes, ordinances, rules 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 Board to terminate this contract immediately upon delivery of written notice of termination to the Vendor. The Vendor shall possess proper licenses to perform work in accordance with these specifications throughout the term of this contract. 12) Disclosure and conflict of interest The Vendor represents that it, its directors, principles and employees, presently have no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required by this contract, as provided in Sect. 112.311, et. seq., Florida Statutes. 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. Upon execution of this Agreement, and thereafter as changes may require, the Vendor shall notify the County of any financial interest it may have in any and all programs in Monroe County which the Vendor sponsors, endorses, recommends, or supervises. Vendor currently supervises the Monroe County Community Development Block Grant Disaster Recovery — Tropical Storm Faye and DREF and the Monroe County Small Cities 2010 awards on behalf of the County. The County and Vendor warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it,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 Vendor 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. 13) No pledge of credit The Vendor shall not pledge the County's credit or make it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien, or any form of indebtedness. The Vendor further warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of this contract. 14) Notice requirement Any notice required or permitted under this agreement shall be in writing and hand delivered or mailed, postage prepaid, to the other party by certified mail, returned receipt requested,to the following: FOR COUNTY: Monroe County and County Attorney Sheryl Graham, Sr. Director 1111 12th Street Suite 408 1100 Simonton Street 2-257 Key West, FL. 33040 Key West, FL. 33040 305-292-3173 305-292-4510 FOR CONTRACTOR: Marie Brouillette 107 Hillcrest Drive Longwood, Florida 32779 407-462-6890 15) Taxes The County is exempt from payment of Florida State Sales and Use taxes. The Vendor shall not be exempted by virtue of the County's exemption from paying sales tax to its suppliers for materials used to fulfill its obligations under this contract, nor is the Vendor authorized to use the County's Tax Exemption Number in securing such materials. The Vendor shall be responsible for any and all taxes, or payments of withholding, related to services rendered under this agreement. 16) Termination The County may terminate this contract for cause with seven (7) days' notice to the Vendor. Cause shall constitute a breach of the obligations of the Vendor to perform the services enumerated as the Contractor's obligations under this contract. Either of the parties hereto may terminate this contract without cause by giving the other party sixty (60) days written notice of its intention to do so. 17) Governing law, venue, interpretation, costs and fees A. 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. B. In the event any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, County and Vendor agree that venue will lie in the appropriate court or before the appropriate administrative body in Monroe County. C. The County and Vendor agree in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of them, the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. D. 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 a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and 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 Vendor 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. E. Attorney's Fees and Costs. The County and Vendor 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 this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, court costs, investigative, and out-of-pocket expenses, as an award against the non-prevailing party, and shall include attorney's fees, courts costs, investigative, and out-of-pocket expenses in appellate proceedings. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. F. Adjudication of Disputes or Disagreements. County and Vendor 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 no resolution can be agreed upon within 30 days after the first meet and confer session, the issue or issues shall be discussed at a public meeting of the Board of County Commissioners. 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. G. Cooperation. In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, County and Vendor 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 Vendor specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. 18) Binding effect The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the County and Vendor and their respective legal representatives, successors, and assigns. 19) Privileges and 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 outside the territorial limits of the County. 20) 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 offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the County, except to the extent permitted by the Florida constitution, state statute, and case law. 21) Non-reliance by 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 of any service or program contemplated hereunder, and the County and the Vendor agree that neither the County nor the Vendor 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 general or for the purposes contemplated in this Agreement. 22) No personal liability No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her 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. 23) 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. 24) 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. 25) Mutual review • This agreement has been carefully reviewed by the Vendor and the County. Therefore, this agreement is not to be construed against any party on the basis of authorship. 26) Ethics Clause SHIP Coordinator 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. 020-1990. For breach or violation of this provision the County may, in its discretion, 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. 27) Attestations SHIP Coordinator agrees to execute such documents as the County may reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug-Free Workplace Statement. IN WITNESS WHEREOF, the parties here Monroe County Social Services, Sheryl Graham and the SI-IIP Coordinator, Marie Brouillette have understood, negotiated and accepted the terms listed in this Agreement as of the date and year above to execute and renew this agreement. Marie Bro llette Roman Gastesi Vendor/SI- Coordinator County Administrator,Monroe County Date I)�"j 20 19 Date 11. IJ•en q ON EC PEDRO MIERCADO ASSISTA Date_.__ o. !` i q Request For Waiver of Insurance Requirements It is requested that the insurance requirements,as specified in the County's Schedule of insurance Requirements,be waived or modified on the following contract: Respondent: v\ A LTh Rom l 1 eTTC� Contract for: S1+1 P ezo►vic-Aa 12 SeLrLcL&) Address of Respondent: \ G \A \\c kc st �2� Phone: LWA - '\�, — l� O Scope of Work: 5\\\ Reason for Waiver. • Policies Waiver will apply to: Signature of Respondent: ,. LQ Approv d Not Approved Risk Management: Date: U'mil iq County Administrator appeal: Approved Not Approved Date: Board of County Commissioners appeal: Approved Not Approved Meeting Date: Respondent SIGNATURE -12-