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Item M4 � M.4 � � �, BOARD OF COUNTY COMMISSIONERS County of Monroe � ��r�i �r � s�� Mayor Heather Carruthers,District 3 The Florida.Keys Mayor Pro Tem Michelle Coldiron,District 2 Craig Cates,District 1 David Rice,District 4 Sylvia J.Murphy,District 5 County Commission Meeting August 19, 2020 Agenda Item Number: M.4 Agenda Item Summary #7188 BULK ITEM: No DEPARTMENT: BOCC District 4 TIME APPROXIMATE: STAFF CONTACT: Tamara Lamarche (305) 289-6000 NA AGENDA ITEM WORDING: Approval of consultant contract agreement with Frank Jackson to provide IT Assistant services for the Duck Key Security District. ITEM BACKGROUND: The Duck Key Security District Advisory Board is in need of an IT assistant to work with maintenance vendors to schedule maintenance, work with vendor invoicing and records, and troubleshoot the security-related equipment installed on the residential islands of Duck Key, and other administrative related duties as required. PREVIOUS RELEVANT BOCC ACTION: In August 2019, BOCC approved the consultant contract for a Project Manager to assist the Security District Board. This is a renaming of the position. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Approval. DOCUMENTATION: REV Jackson IT Assistant Contract Aug 19 2020 FJackson_Resume_FL FINANCIAL IMPACT: Effective Date: August 19, 2020 Expiration Date: August 19, 2024* (approximately) Total Dollar Value of Contract: 49,999.99* Total Cost to County: 49,999.99 Current Year Portion: 4,500.00 Packet Pg. 2442 M.4 Budgeted: Yes Source of Funds: Duck Key Security Taxing District fund 4152-04501 CPI: No. Indirect Costs: No Estimated Ongoing Costs Not Included in above dollar amounts: None Revenue Producing: No If yes, amount: Grant: No County Match: No Insurance Required: No Additional Details: $25.00 per hour, 10 hours a week. $250.00 week, 200 weeks payable under contract.* $49,999.99 Duck Key Security Beneficial Use Taxing District 08/19/20 152-04501 - DUCK KEY SECURITY SP DIS $49,999.00 REVIEWED BY: David Rice Skipped 07/31/2020 2:08 PM Steve Williams Completed 08/03/2020 1:32 PM Kathy Peters Completed 08/03/2020 5:17 PM Board of County Commissioners Pending 08/19/2020 9:00 AM Packet Pg. 2443 M.4.a AGREEMENT FOR CONSULTING SERVICES FOR The Duck Keys Security District This Agreement ("Agreement") made and entered into this day of August 2020 by and between Monroe County, a political subdivision of the Mate 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 N Board of County Commissioners("BOCC") y AND Frank Jackson, an individual, whose address is 320 East Seaview thrive, Marathon, FL 33050, hereinafter referred to as "CONSULTANT", WWITNESSETH: 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 �i 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 76 2 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: 5 ARTICLE: I N 1.1 REPRESENTATIONS AND WARRANTIES By exe!cutcng this Agreement, CONSULTANT makes the fallowing 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 CONSULTANT'S duties 0 hereunder have been fully satisfied; 1.1.2 The CONSULTANT has become familiar with the Project site and the local conditions, under N which the work is to be completed. y 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 y 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 ¢' Packet Pg. 2444 11-11A The CONSULTANT assumes full responsibility to the extent slimed by low with regards to U) his performance and those directly under his employ. 1.1.5 The CONSULTANT'S servicesshall be performed as expid fitiou M y as Is conslt#nt with professional sicill,ai d care and the orderly progress of the Project In providing all services pursuant to this agreement,thb CONSULTANT shall abide by all statutes,Ordinances,rules and regulations pertaining to, or regulating the provislops of such services, iriou0ing the now irl effect and hereinafter adopted.Ahy violation of sold statutes, ordinincia, rules and T regulations shall cons a material this agreement and shall entifte the Board to terminate this contract Immediately upon delivery of written notice oftermination to the CONSULTANT, 1.1.6 At all times and for all p_urposes Under this agreement the CON LT Is an independent contractor and pot'an employee of the Board of County Commissioners for Mon me Q ounty. 0 No statement"Ifted In t*agreement shall be construed to"the CONSULTANT or any of hisihot employees, gontractors, servants, or agents to be employees of the and of Count y CoromissiOnbre for Man me Cgunly. 1.1.7 Tite CONSU,�'TANT shall not des crniq.,'pte against_any person on the basis of race, creed. 0 U color,nations origin,sex, age,qr �V characteristic or aspect which Is not job related, ny Other - in Its recruiting,hiring,promoting,jorminstin or any other area affecting employment under 0 this agreement or with the Mvisloti of serve .s or goods qyider this agreement. 'ru > 0 11A.If The eftctlVe dote of this AGREEMENT shall be August 19, 2020. &R�_t&LIE 11 SCOPt OF IRASIC OERVICES .2 9 M DEFINMON CONSULT Scope of is Services corlsists of those described in Attachment A.The CONSULTANT shall commence work on the selvices provided for in this Agreement 2.2 CORRECTION Or,ERRORS,01111111681IONSO DEFICIENCIES The CONSULTANT shall, out additional componsed6n, promptly correct any errors, omissions.deftlenoles,or oonflick in the work pefformed by,the CCU NSULTXW. Z3 WPTICE REQUIREMENT 0 All written correspondence to the COUNTY shall be dated and jigned by an outhorized representative of1hs COMSULTANT.Any notice required Or permitted under this agreetnent shall be In wfiting arid hand delivered or mailed,postage pro-paid,to the COUNTY by ceAed mail, reWrn rw*Ipt requestdol,to the following: Roman Gastesi, County Administrator 11 61monjon Street 0 Key West (n Florida 3SO40 For the CONSULTANT: F70 Jackegn 2 0 east S_qavlew Drive Marathon, FL 33050 E 2 Packet Pg. 2445 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. N 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 0 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, 0 ARTICLE IV c, COUNTY"S RESPONSIBILITIES 0 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 CONSULTANT'S services. 4..3 Prompt written notice shall be even b the COUNTY and its representative to the p 9� y p 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 CONSULTANT'S services and work of the contractors. 0 4.5 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 y COUNTY's criteria, as, and if, modified. No review of such documents shall relieve the y 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 Packet Pg. 2446 ARTICLE 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 dearth, personal injury, and property damage, including damage to property owned by Monroe. County, and any other fosses, damages, and expenses of any kind, including attorney's fees, court costs and expenses, which ;.arise out of, in connection with, or by reason of services provided by CONSULTANT, y 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 0 The COUNTY shall pay the CONSULTANT in current funds for the CONSULTANT'S performance of this Agreement, in a not to exceed lump sum,amount of$49,999.9�9, at a 0 p 9 P rate of$25 per hour. It is anticipated that the CONSULTANT will perform no more than 10 > 0 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 CONSULTANT'S 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. 0 (B) Payment shall be made pursuant to the Local Government 'Prompt Payment Act, 218.70, Florida Statute y (C) Fates shall be inclusive of all reimbursable expenses, including travel. 6.3 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 Lu Lu (October 1 - September 30) by COUNTY's Board of County Commissioners. The budgeted amount may only be modified by an affirmative act of the COUNTY's Board of County Commissioners. E Packet Pg. 2447 M.4.a 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 T) 7.1 SECTION HEADINGS v 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 Uc 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 r, 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 2 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 `V rights in favor of, any third party. 7�6 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. (8) Either of the parties hereto may cancel this Agreement without cause by giving the ether party thirty (30)days written notice of its intention to do so. v, 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 Packet Pg. 2448 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 y 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 2 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 opublic 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, 0 '7.8 MAINTENANCE OF 'FtECORDS > 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 He in the 16t�' Judicial Circuit, Monroe County, Florida, in the appropriate court or before the appropriate administrative body,This agreement shall not be subject to arbitration Mediation v, proceedings initiated'and conducted pursuant to this,Agreement shall be in accordance with y the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. 0 7.10 SEVERAIBILITY If any terra, 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 judsdiction, 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 Packet Pg. 2449 M.4.a 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 y interpretation of the Agreement, the prevailing party shall be entitled to reasonable attorney's N fees and court costs, as an award against the non-prevailing.. party, and shall include attorney's fees and courts costs in appellate proceedings. 7A2 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. 0 7A5 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 arbitratiion. 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 a concerning termination or cancellation. cv 7,16 COOPERATION cv 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 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 y The parties agree that there will be no discrimination against any person, and it is expressly n 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 y and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. � These include but are not limited to: 1) Title V1I 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 Packet Pg. 2450 (42 USC 6101-6107), which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 19,72 (PL 92-2 5), 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- 1 ), 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 V111 of the Civil (tights Act of 1968 (42 USC §§ 3601 et seq.), as amended, relating to nondiscrimination in y the sate, rental or financing of housing; 9) The Americans with Disabilities Act of 199© (42 'USC §§3 12101), as amended from time to time, relating to nondiscrimination in employment y 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. 7.18 COVENANT OF NO INTEREST CONSULTANT and COUNTY covenant that neither presently has any interest, and shall not y 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 one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; end disclosure or use of certain .0 information. > 7,20 NO 5OLICITATION1PAYMIENT ' The CONSULTANT and COUNTY warrant that, in respect to itself, it has neither employed CD 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-, y 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 Lu 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 c 8 Packet Pg. 2451 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 Pubic 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 y is required to: y (1) Keep and maintain public records that would be required by the County to perform t= 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 y records disclosure requirements are not disclosed except as authorized by law for th+e duration of the contract term and following completion of the, contract if the CONSULTANT does not transfer the records to the County, 76 (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 D 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. cv (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. 0 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 y of this provision by the CONSULTANT.. A CONSULTANT who fails to provide the public y 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. 0 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 11_9 FLORID A STATUTES, TO THE E 9 Packet Pg. 2452 CONSULTANT' TO PROVIDE PUBLIC RECORDS RELATING TO THIS CON RACT +CONTACT THE, TODIAw.N OF PUBLIC RE OR B I N B A► LEY AT PH0NE;1 306-292-3470 BRA►DLEY- BRIAN(&_ 0NR0EC0UNTY- _!,.Q0V, MONROE ATTORN Y'S OFFICE 1111 12TH Street SUITE 408 KEY WEST FL 33040. 7.22 NON-WAIVER OF Ili MUNITY y 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 1ES 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 0 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 the76 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 r the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be `V 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. 7.26 NON-RELIANCE BY NOWPARTIES 2 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 thilyd-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 y group of individuals, entity or entities, have entitlements or benefits under this Agreement separate andi 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 rather factual unit costs supporting the compensation pursuant to the Agreement are accurate, complete, and current at the time lit Packet Pg. 2453 of contracting. The original contract price and any additions thereto shall be adjusted to exclude any significant sums by which the :agency determines the contract price wa-s increased due to inaccurate, incomplete, or concurrent wage rates and other factual unit costs. All such adjustments must be made within one year following the end of the Agreement. 7.27 NO PERSONAL LIABILITY No covenant or agreement contained herein shall be deemed to be a covenant or agreement y of any member, officer, agent or employee of Monroe County in his or her individual capacity, y and! no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 7.28 EXECUTION IN COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. v 0 IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its duly authorized representative on the day and year first above written, o 0 MONROE COUNTY (SEAL) Board of County Commissioners Attest: Kevin Madnk, Clerk of Monroe County `✓ 9 Deputy Clerk Mayor/Chairmancomm cv 04 CONSULTANT VC By. a Frank J do �fla ATTOOW The foregoing `nstrument was acknowled ed before me by means of physical presence or online notarization, this 3 j day t2{7 of t b y ; � who is (❑ personally known to me or "roduced fiver"s license as identification. NOTARY PUBLIC, STATE OF FLORIDA � it — o Print, type of stamp commissioned name of notary END OF AGREEMENT' ATTACHMENT A TO AGREEMENT' flfl Packet Pg. 2454 Security Board's Tech Assistant Job Description ) 1. Traffic Logix Speed Radars a. Replace Sim cards on Traffic Logix speed radars if needed. b, Replace batteries or parts as needed. c. Take 0-min online training with Traffic Logix to become familiar with reports. y d. Report any problems to Traffic Logix Try to work with Tech Support to see if problems can be y 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, o IL 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 BUMS software. 0 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 Glista, Monroe County Road Supervisor. g. Get the Bosch viewing app for phone or ipad, Teach board members how to download app and view cameras in their tablets or phones. .2 . 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 CD mode before repairman leaves. j. Keep a log of maintenance issues. k. Call Comcest Business to review our Internet Plan yearly. 1. Research and recommend options for a back-up battery for the cameras so we do not lose- connectivity when the electricity is down. 0 m. Power cycle cameras when necessary. ca III. Miscellaneous a. Attend meetings every other month on the first Tuesday of the month. Meetings are held in Hawks T) 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 y 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 NextRoor 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 Packet Pg. 2455 c c c c cv cv 7 R * ry t� W; c � tit tiY Vc/ C Packet Pg. 2456 M.4.b Frank Jackson Marathon, FL 33050 Ph: 936-718-9429 Fjackson9429(tt ginail.com PROFESSIONAL SUMMARY.• I have been a resourceful IT Support Engineer working with the IT department as a team without any direct supervision for years. I have great interpersonal skills and can communicate with anyone verbally and in writing. I have been very organized with company equipment and users assisting with setup and repair of computer equipment, including software application issues from software engineers to the CEO. I have been efficient with planning and multi-tasking several technical configurations,while troubleshooting issues to complete user satisfaction,both local and remote. I am very analytical and am proficient with personal computers. I also have Office 365 administration experience. U) EXPERIENCE: IT Support Engineer at Pivot3,Inc. February 2005 —March 2020 IT Support for all local and remote employees including CEO, Executives and Sales personnel Expert in PC Hardware configurations including related peripherals and associated drivers Thorough knowledge of Windows operating systems up to 10 Excellent documentation and communication skills,both written and verbal Customer service and problem-solving skills including the ability to provide diligent,prompt, and courteous responses to user's questions or PC issues 0 Working knowledge of Microsoft Office Suite(s)including and up to Office365 client, Office365 administration Provide technical assistance and support for computer systems, software, and hardware Managing IT ticketing system 5 Engineering computer lab support/setup/configuration of servers for software development Installation and configuration of multiple software applications onto company owned equipment, locally and remote Manage internal phone system for all employees c Purchasing and setup of server and laptop systems for employee use Setup and manage Active Directory accounts 0. Strong support experience of virtual environment(s), AV Conference systems t Server lab installation and setup of multiple servers and switches for software development Testing for software development. Customer contact including shipping/receiving/tracking for company equipment _I Monitor online employee systems for anti-virus updates, online backups, and storage space E Phone system configuration/setup new employees Purchasing of engineering equipment/supplies i Asset tracking/monitoring of employee equipment W Owner/Operator—Showcase Lawns&Landscape Ensure customer satisfaction, schedule lawn maintenance, manage employees, create quotes for new and existing .. customers. Create billing and manage customer accounts. E Compaq Computer Corp. -Systems Engineer/Electrical Engineer Texas Instruments -Electronics Technician EDUCATION. Self Employed - Owner/Operator University of Houston - Continuing Education Electronics Instutite -Electronics Diploma Miami High School - High School Diploma Packet Pg. 2457