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05/26/2020 Agreement ATTACHMENT-D.6 COUNTY ADMINISTRATOR CONTRACT SUMMARY FORM FOR CONTRACTS LESS T 50,000.00 Contract with: Madin SeLftrft Contract ffWA Effective Date: Upon Retirement Expiration Date: 1 year Contract Purpose/Description: --- The Co ty's pending arbitration regarding reimbursement for Base Camp expenditures o.CBCA-67I f-F other areas relating to Hurricane Irma. Contract is Original Agreement ContractAmendment/Extension Renewal Contract Manager: Christine Lim rt 3475 C Y/97 Barrows (Name) (Ext.) (Department/Stop ) CONTRACT COSTS Total Dollar Value of Contract: 49,9 -99 Current Year Portion:$ $10,OW.00 (must be ins thm$50X0) (frmui t rha,requires estimated Bocc ammnL unkss im tobi mm ulafi e mwmt is I=em ,OW 00) Budgeted?YesN NoEl Account Codes: 01-00101-530310- - t: No - County Match: ADDITIONAL COSTS Estimated Ongoing Costs: /A/yr For: NIA of included in dollar value above e. .maintenance,utilities,janitorial,salaries,etc. CONTRACT REVIEW Changes Date Out Date In Needed � � 5122120 Department d 5122120 Yes o P `` Risk Management 6j ,Yes o O.M. ./Purchasin 5122120 Yes[] 5/22/20 Christinei.imbert- County Attorney 512=0 Yes No Barrom 5r2no Comments: Please note that Arbitration Costs are not FEMA reimbursable;The arbitration hearina is to be held remotely.No insurance is r uired. c i n y to is _- or AGREEMENT FOR PROFESSIONAL SERVICES A THIS AGREEMENT ("Agreement") is made as of this &!day of May, 2020, between Monroe County ("COUNTY"), a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040 and Martin Senterfitt ("CONSULTANT") for consulting services. WHEREAS, CONSULTANT began employment with Monroe County May 16, 2016 as the Emergency Management Director and served in that position during Hurricane Irma, and has specific knowledge which the COUNTY may need, particularly relating to the County's pending arbitration regarding reimbursement for Base Camps (Case No. CBCA-6716-FEMA) and other areas relating to Hurricane Irma; and WHEREAS, CONSULTANT intends to retire from County employment on or about June 1, 2020 and the County is scheduled to hold an arbitration hearing on June 2 and 3, 2020 in which CONSULTANT's expertise and testimony will necessary; and WHEREAS, COUNTY desires to engage CONSULTANT after retirement to provide consulting services on matters where his expertise and knowledge of County issues will provide significant assistance to the County Attorney and the County Administrator in carrying out their responsibilities to and representation of Monroe County; and WHEREAS, CONSULTANT desires to render these Services as described in SECTION 1, 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 such document preparation, consultations, testimony, work product and advice as may be requested by the County Administrator or his designee and/or the County Attorney or his designee solely on behalf of COUNTY, in the following subject matter areas: • The County's pending arbitration regarding reimbursement for Base Camp expenditures (Case No. CBCA-6716-FEMA) and other areas relating to Hurricane Irma SECTION 11. COMPENSATION Compensation for CONSULTANT'S Services under this Agreement shall be at the rate of Ninety dollars and zero cents ($90.00) per hour. Travel time and time for attendance at meetings, including meetings with staff and also appearances at Board of County I Commissioner meetings or hearings, shall be included within hours billed. The number of hours required may vary depending upon the scope of work, but it is anticipated that the total amount of compensation under this Agreement shall not exceed forty-nine thousand nine hundred and ninety-nine dollars and ninety-nine cents ($49,999.99). The compensation to be paid for CONSULTANT's. services under this Agreement are in the form of self-employment income and will be reported on a 1099 at the end of each calendar year. CONSULTANT shall not be eligible for any employment benefits, and no employment taxes will be withdrawn or remitted. 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 and using the procedure set forth in 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. 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, the Agreement shall be amended in a writing signed by both parties. SECTION IV. PERIOD OF SERVICE This Agreement shall become effective upon retirement of the CONSULTANT and shall continue in effect for one year. This Agreement may be terminated by either party only for cause, upon seven days written notice to the other party. This Agreement may be modified or extended only in writing. Any extension hereof may be subject to such changes in terms as the parties agree. The CONSULTANT understands and agrees that if he retires from a Florida Retirement System (FRS)-participating employer during the term of this agreement, FRS rules allow the CONSULTANT to have an independent contractor relationship with an FRS- participating employer, if approved by the Florida Division of Retirement, but could be disqualified from retirement benefits should the FRS determine that the relationship is one of employer-employee. The responsibility will be on the CONSULTANT to speak with FRS regarding the effect of this agreement, if any, on the contractor's retirement benefits. 2 SECTION V. NON-WAIVER OF IMMUNITY AND HOLD HARMLESS COUNTY and CONSULTANT 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. In the event of any proceedings to resolve any issues arising out this Agreement, venue shall be in Monroe County. SECTION VII. SEVERABILITY If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall be valid and binding upon the parties. One or more waivers by either party of any provision, term or condition shall not be construed by the other party as a waiver of any subsequent breach of the same provision,term or condition. SECTION VIII. NONDISCRIMINATION The parties agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. The parties agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VII of the Civil Rights Act of 1964 (PL 88-352), which prohibits 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 3 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 Agreement. SECTION IX. NOTICE Any notices sent by the pat-ties 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 Martin Senterfitt County Attorney 315 Wolf Creek Trail 1111 12 1h St., Suite 408 Mineral Bluff, GA Key West, Florida 33040 30559 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 I. RELATIONSHIP OF THE PARTIES The parties agree that the relationship between the CONSULTANT and the COUNTY is one of an independent contractor and not an employee, common law or otherwise. To that end, the parties agree that the COUNTY will have the right to define the work product that is required or services to be delivered, but the CONSULTANT shall set his own hours and days; the CONSULTANT will provide his own tools; the CONSULTANT will be paid a gross amount, and the COUNTY will have no obligation to collect and remit either the employer's share or any employee's share of any employment taxes, Florida Retirement System contributions, or other employment taxes or benefits; and the CONSULTANT will have the obligation to report self-employment income and remit such self-employment taxes as are necessary. The parties agree that this is not an exclusive arrangement, and CONSULTANT is free to enter into other agreements with other persons or entities for the delivery of the same services. 4 SECTION XII. NON-ASSIGNMENT This Agreement is personal to the CONSULTANT. As a result, this Agreement cannot be assigned or sub-contracted without the express written permission of the County Administrator or his designee. SECTION XIII. 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 XIV. 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 V. 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 XVI. FLORIDA 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 1 12.3 13, 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 VII. 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. 5 IN W'lWL SS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above- BOARD OF COUNTY COMMISSIONERS OF ONROE COUNTY,FLORIDA By: MONROE COWtV ATTORNEY Roman ma.: l o ,ty lln'Vstrator �� BASTu 9 � �� esJa � r>mar7 C"HRaST€NF,LMMERTHARROWS ASSISTANTLOg7y ��r Date: - CONSULTANT: Martin Senterfitt S1 �ahirc Date: ,�' .