08/19/2020 Agreement A ✓ +r\ ' Kevin Madok, CPA
a,.w
i a3'.
..-e Clerk of the Circuit Court& Comptroller—Monroe County, Florida
DATE: August 26, 2020
TO: Commissioner David Rice
District 4
ATTN: Tamara Lamarche
1
FROM: Pamela G. Han .4"*1 t.C.
SUBJECT: August 1.9t BOCC Meeting
Attached is an electronic copy of the following item for your handling:
M4 Agreement for Consulting Services with Frank Jackson to provide IT Assistant
Services for die Duck Key Security District.
Should you have any questions please feel free to contact me at (305) 292-3550.
cc: County 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 330
305-294-4841 305-289-6027 305-852-7145 305-852-7145
AGREEMENT FOR
CONSULTING SERVICES
FOR
The Duck Key Security District
This Agreement("Agreement)made and entered into this 19 ., day of August 2020 by and
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
Frank Jackson, an individual, whose address is 320 East Seaview Drive, Marathon, FL
33050, hereinafter referred to as"CONSULTANT',
WITNESSETH:
WHEREAS, COUNTY desires to employ the services of CONSULTANT for consultation and
assistance with the Duck Key Security District's security system and devices,including but not limited
to security cameras, tag readers, speed readers and technology support as it relates to those
systems and as set forth in more detail in Attachment A; and
WHEREAS, CONSULTANT has agreed to provide professional services, which shall be
collectively referred to as the"Project";
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:
ARTICLE 1
1.1 REPRESENTATIONS AND WARRANTIES
By executing this Agreement, CONSULTANT makes the following express representations
and warranties to the COUNTY:
1.1.1 The CONSULTANT shall maintain all necessary licenses, permits or other authorizations
necessary to act as CONSULTANT for the Project until the CONSULTANTS duties
hereunder have been fully satisfied;
1.1.2 The CONSULTANT has become familiar with the Project site and the local conditions under
which the work is to be completed.
1.1.3 The CONSULTANT shall prepare all documentation required by this Agreement in such a
manner that they shall be accurate, coordinated and adequate for use in verifying work
completed by CONSULTANTs and associated costs and shall be in conformity and comply
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 document
costs in a manner that is acceptable for reimbursement by government agencies, therefore
eliminating any additional cost due to missing or incorrect information;
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.
1.1.5 The CONSULTANTS 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
pursuant to this agreement, the CONSULTANT 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
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.
1.1.7 The CONSULTANT shall not discriminate against any person on the basis of race, creed,
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 under
this agreement or with the provision of services or goods under this agreement.
1.1.8 The effective date of this AGREEMENT shall be August 19, 2020.
ARTICLE II
SCOPE OF BASIC SERVICES
2.1 DEFINITION
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
The CONSULTANT shall, without additional compensation, promptly correct any errors,
omissions, deficiencies, or conflicts in the work performed by the CONSULTANT.
2.3 NOTICE REQUIREMENT
All written correspondence to the COUNTY shall be dated and signed by an authorized
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, return receipt requested, to the following:
Roman Gastesi, County Administrator
1100 Simonton Street
Key West, Florida 33040
For the CONSULTANT:
Frank Jackson
230 East Seaview Drive
Marathon, FL 33050
2
ARTICLE III
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.
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
CONSULTANT shall respond with a fee proposal to perform the requested services. Only
after receiving an amendment to the Agreement and a notice to proceed from the COUNTY
shall the CONSULTANT proceed with the Additional Services.
ARTICLE IV
COUNTY'S RESPONSIBILITIES
4.1 The COUNTY shall provide full Information regarding requirements for the Project including
physical location of work or other information as needed upon request by the CONSULTANT.
4.2 The COUNTY shall designate a representative to act on the COUNTY's behalf with respect
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 CONSULTANTS services.
4.3 Prompt written notice shall be given by the COUNTY and its representative to the
CONSULTANT if they become aware of any fault or defect In the Project or non-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 approvals
and decisions as expeditiously as necessary for the orderly progress of the CONSULTANTS
services and work of the contractors.
4.6 The COUNTY's review of any documents and work product prepared by the CONSULTANT
shall be solely for determining whether such documents are generally consistent with the
COUNTY's criteria, as, and if, modified. No review of such documents shall relieve the
CONSULTANT of responsibility for the accuracy, adequacy,fitness,suitability or coordination
of its work product.
4.6 The COUNTY shall provide copies of necessary documents required to complete the work.
4.7 Any Information that may be of assistance to the CONSULTANT that the COUNTY has
immediate access to will be provided as requested.
3
ARTICLE V
INDEMNIFICATION AND HOLD HARMLESS
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 attomey's
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.
ARTICLE VI
COMPENSATION
6.1 PAYMENT SUM
The COUNTY shall pay the CONSULTANT in current funds for the CONSULTANTS
performance 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.
6.2 PAYMENTS
6.2.1 For its assumption and performances of the duties, obligations and responsibilities set forth
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
rendered and reimbursable expenses due hereunder. The CONSULTANT'S invoice
shall describe with reasonable particularity the service rendered. The
CONSULTANTS invoice shall be accompanied by such documentation or data in
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.
(B) Payment shall be made pursuant to the Local Government Prompt Payment Act,
218.70, Florida Statute.
(C) Rates shall be inclusive of all reimbursable expenses, including travel.
6.9 BUDGET
6.3.1 The CONSULTANT may not be entitled to receive, and the COUNTY is not obligated to pay,
any fees or expenses in excess of the amount budgeted for this contract in each fiscal year
(October 1 - September 30) by COUNT 's Board of County Commissioners. The budgeted
amount may only be modified by an affirmative act of the COUNTY's Board of County
Commissioners.
4
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.
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
may be reproduced and copied without acknowledgement or permission of the
CONSULTANT.
7.3 SUCCESSORS AND ASSIGNS
The CONSULTANT 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
for Monroe County and the CONSULTANT, 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. 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.
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.
7.5 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 thirty (30)days written notice of its intention to do so.
7.6 CONTRACT DOCUMENTS
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 the
Contract documents,the one imposing the greater burden on the CONSULTANT will control.
7.7 PUBLIC ENTITIES CRIMES
A person or affiliate who has been placed on the convicted vendor list following a conviction
for public entity crime may not submit a bid on contracts to provide any goods or services to
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
5
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 287.017 of the Florida
Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on
the convicted vendor list.
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
amount of money involved or whether CONUSULTANT has been placed on the convicted
vendor list.
CONSULTANT will promptly notify the COUNTY If It is formally charged with an act
defined as a"public entity crime"or has been placed on the convicted vendor list.
LB MAINTENANCE OF RECORDS
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.
55.03, of the Florida Statutes, running from the date the monies were paid by the COUNTY.
7.9 GOVERNING LAW,VENUE, INTERPRETATION, COSTS,AND FEES
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 Ile in
the 1811' 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 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 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 shall be enforceable to the fullest extent
permitted by law unless the enforcement of the remaining terms, covenants, conditions and
6
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.
7.11 ATTORNEY'S FEES AND COSTS
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 attomey'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 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.
7.13 AUTHORITY
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.
7.15 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. This Agreement is not subject to arbitration. Any claim or dispute that the
parties cannot resolve shall be decided by the Circuit Court, 16th Judicial Circuit, Monroe
County, Florida. This provision does not negate or waive the provisions of paragraph 7.5
concerning termination or cancellation.
7.16 COOPERATION
In the event any administrative or legal proceeding Is instituted against either party relating
to the formation, execution, performance, or breech 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
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
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
7
(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 §§ 3801 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.
7.18 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.
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 ones agency; unauthorized compensation; misuse of public
position, conflicting employment or contractual relationship; and disclosure or use of certain
information.
7.20 NO SOLICITATION/PAYMENT
The CONSULTANT and COUNTY 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
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 ACCESS.
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
8
a court proceeding and shall, as a prevailing party, be entitled to reimbursement of all
attorneys 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
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
9
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-
BRIANOMONROECOUNTY-FL.GOV. MONROE COUNTY
ATTORNEY'S OFFICE 1111 12TM Street. SUITE 408. KEY WEST. FL
33040.
7.22 NON-WAIVER OF 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 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.
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 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.
7.25 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 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 general or for the purposes
contemplated In this Agreement.
7.26 ATTESTATIONS AND TRUTH IN NEGOTIATION
CONSULTANT agrees to execute such documents as COUNTY may reasonably require,
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
10
1
of contracting. The original contract pia and any additions thereto shall be adjusted to
exclude any significant sums by which the agency detennlnes the contract price was
increased due to i aaurete, Incomplete, or concurrent wage rem and other factual unit
costs. All such adjustments must be made within one yew following the end of the
Agreement.
7.27 NO PERSONAL LIABILITY
,, No covenant or agreement contained herein shall be deemed to bee covenant or agreement
of any member,officer,agent or employee of Monroe County In his or her Individual capacity,
end 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.
7.21 EXECUTION IN COUNTERPARTS
This Agreement may be executed M 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 end any of the parties hereto may execute this Agreement by signing any such
counterpart.
T with
TNESS WHEREOF, party has caused this Agreement to be executed by Its duly
�, � representative on the day and year first above written.
I{• •UNTY
`�.' Bard of Commissioners "
m iuu
/r o Madok, Clerk of Monroe Co - a
g
.� As Deputy Clerk Mayor al N o
CONSUL ANTS MW�
Frank J' on MINSTAtffn
The foregoin nstrument was acknowl el before me by means of 0 ph presence or❑
online notarization,this 31 day of 41 v 2020, by i'r Ill fL J coo I4-...v1
` who is❑personally known to me crta rod a driver's license as IdentifK�.
• F f_ ra t-� Y25O- 2at{- 5I- 344 Ci• i3ni4a &`�a+na4N kg—
,, NOTARYPUBLIC, STATE OF FLORIDA
t 4ens. awwtwwaa m r
l[ t 3 3 r-a bind Ca hx—
[+ aw, Ciek•s 'rate°° Print,type of stamp commissioned name of
Erns*MOM notary
�e r.,rwwynrrrr
•
END OF AGREEMENT
ATTACHMENT A TO AGREEMENT
II
Security Board's Tech Assistant Job Description
I. Traffic Logix Speed Radars
a. Replace Sim cards on Traffic Logbc speed radars if needed.
b. Replace batteries or parts as needed.
c. Take 30-min online training with Traffic Logix to become familiar with reports.
d. Report any problems to Traffic Lop. Try to work with Tech Support to see if problems can be
improved remotely.
e. Print reports from Streets on Cloud(Traffic Logix)for meetings. Present them to board members
and MCSO.
f. Check the area of the speed radars and report any obstruction of plants and trees to John Glista,
Road Supervisor, Monroe County.
II. Bosch CCTV system
a. Download Bosch Video Management Software and download any software updates.
b. If needed,take the video courses at Bosch website on the BVMS software.
c. Learn to make motion search,forensic search,export video to MCSO when necessary.
d. Check cameras and LPRs on live view and playback daily.
e. Report any malfunctions to Comcast or Johnson Controls. (I will email you instructions with phone
numbers, account numbers,etc).
f. Report any obstructions from trees to John Glists, Monroe County Road Supervisor.
g. Get the Bosch viewing app for phone or Mad. Teach board members how to download app and view
cameras in their tablets or phones.
h. Check camera views after repairs to make sure they are working correctly.
i. Meet with vendor for Installation of new equipment Make sure the cameras are the ones specified in
the contract. Retrieve old cameras and return to County. Check cameras on live mode and playback
mode before repairman leaves.
j. Keep a log of maintenance issues.
k. Call Comcast Business to review our Internet Plan yearly.
I. Research and recommend options for a back-up battery for the cameras so we do not lose
connectivity when the electricity is down.
m. Power cycle cameras when necessary.
III. Miscellaneous
a. Attend meetings every other month on the first Tuesday of the month. Meetings are held in Hawks
Cay or via Zoom.
b. Produce minutes from audio recording.
c. Since the Sunshine Law does not allow Board members to discuss topics that will be taken up at the
meeting, serve as liaison between board members, such as distributing materials via email.
d. Check BOCC Agendas monthly for Duck Key related topics and post them In NextDoor Duck Key.
e. Keep chairperson updated on any technical problems that arise from CCTV system or speed radars.
f. Keep record of hours and submit them to Chairperson monthly for approval and payment.
12
SWORN STATEMENT UNDER ORDINANCE NO. 0110 1990
MONROE COUNTY, FLORIDA
ETHICS CLAUSE
(Company)
"...warrants that he/it has not employed, retained or otherwise had act on his/her behalf any
former County officer or employee in violation of Section 2 of Ordinance No. 010-1990 or any
County officer or employee in violation of Section 3 of Ordinance No. 010-1990. For breach or
violation of this provision the County may, in its discretion, terminate this Agreement without
liability and may also, in its discretion, deduct from the Agreement 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,"
e-
(Signature)
Date:
STATE OF: an
COUNTY OF: Mj ii rz)e—
Subscribed and sworn to (or affirmed) before me, by means of/91physical presence or 11 online
notarization, on 12 (date)
")
by 4 0, V a , " (1 (name of affiant). He/She is personally
known to me or has produced pe of identification) as
identification.
i il,14 3
NOTARY PUBLIC
My Commission Expires:
DRUG-FREE WORKPLACE FORM
The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that:
(Name of Business)
I. Publish a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the workplace
and specifying the, actions that will be taken against employees for violations of such
prohibition.
2. inform employees about the dangers of drug abuse in the workplace, the business' policy
of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and
employee assistance programs, and the penalties that may be imposed upon employees
for drug abuse violations.
3, Give each employee engaged in providing the commodities or contractual services that
are under bid a copy of the statement specified in subsection (1).
4. In the statement specified in subsection (1), notify the employees that, as a condition of
working on the commodities or contractual services that are under bid, the employee will
abide by the terms of the statement and will notify the employer of any conviction of, or
plea of guilty or nolo contenders to, any violation of Chapter 893 (Florida Statutes) or of
any controlled substance law of the United States,or any state, for a violation occurring in
the workplace no later than five (5) days after such conviction.
5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance
or rehabilitation program if such is available, in the employee's community, or any
employee who is so convicted.
6. Make a good faith effort to continue to maintain a drug-free workplace through
implementation of this section.
As the person authorized to sign the statement, I certify that this firm complies fully with the above
requirements.
Date:
STATE OF.
COUNTY OF: V-,Ae--
Subscribed and sworn tp (or affirmed) before me, by means of physicalpresence or EJ online
notarization, on .77 26) (date)
by (name of affiant). He/She is personally
,
known to me or has produced F V L I (type of
identification) as identification.
NOTARY PUBLIC
My Commission Expires: 71eq 2,0.2
X
TAMAAA UV0XW,_
GG 116820
PUBLIC ENTITY CRIME STATEMENT
"A person or affiliate who has been placed on the convicted vendor list following a conviction for
public entity crime may not submit a bid on a contract to provide any goods or services to 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 CONTRACTOR
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 287.017, for CATEGORY TWO for a period
of 36 months from the date of being placed on the convicted vendor fist,"
I have read the above and state that neither (Respondent's name)
- _ kSZ'±S"'
nor any Affiliate has been placed on the convicted vendor list within the last 36 months.
Date:
STATE OF: T—ler I aa
COUNTY OF:. I
Subscribed and sworn to (or affirmed) before me, by means of, physical presence or 0 online
A
notarization, on (date)12 1
by �iL (name of affiant). Hef8he is personally known
to me or has produced EL j (type of identification) as
identification.
NOTARY PUBLIC
'7 My Commission Expires:
T�LAAWCNE
Co"06m#GG-MW
Ew".h*4,2021