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Item C15 C.15' i�` County of Monroe �y,4 ' ?, "tr, BOARD OF COUNTY COMMISSIONERS Mayor David Rice,District 4 �1 `_ll Mayor Pro Tem CraigCates,District 1 The Florida Keys ��� `� � Michelle Coldiron,District 2 Eddie Martinez,District 3 w � Holly Merrill Raschein,District 5 County Commission Meeting December 8, 2021 Agenda Item Number: C.15 Agenda Item Summary #9969 BULK ITEM: Yes DEPARTMENT: Information Technology TIME APPROXIMATE: STAFF CONTACT: Alan MacEachern (305) 295-5110 NA AGENDA ITEM WORDING: Approval of Second Renewal and Amendment to Professional Services Agreement with Ricardo Castro to extend his contract for an additional one (1) year period beginning August 19, 2021. His hourly rate is $75 an hour and this authorizes us to use him on an as needed basis for up to 480 hours. ITEM BACKGROUND: Mr. Castro was a valued IT resource for almost 5 years and was critical in the creation of several Monroe County applications — most importantly MCeSearch, the web- based permit and code enforcement activity application linked to Community Plus permitting system. It has been live for several years and periodically needs maintenance, updates or functionality enhancements. Mr. Castro has continued to support Monroe County applications on an as needed, time and material basis as a contractor. This support is critical to the continued maintenance and management of MCeSearch and other applications. PREVIOUS RELEVANT BOCC ACTION: August 21, 2019-Approved original Agreement (Agenda Item Number C. 21/4 5869) August 19, 2020- Approved First Renewal (Agenda Item Number C. 33/47212) CONTRACT/AGREEMENT CHANGES: Contract for Ricardo Castro STAFF RECOMMENDATION: Approval DOCUMENTATION: SECOND RENEWAL AND AMENDMENT TO AGREEMENT RICARDO CASTRO PEREZ RICARDO CASTRO CONTRACT- BOCC APPROVED AUGUST 212019 C21 RICARDO CASTRO RENEWAL CONTRACT- BOCC APPROVED 8-19-2020 Item C33 FINANCIAL IMPACT: Effective Date: August 19, 2021 Packet Pg. 1073 C.15 Expiration Date: August 19, 2022 Total Dollar Value of Contract: $36,000.00 Total Cost to County: $36,000.00 Current Year Portion: $4500.00 1.5 months in FY 2021 Budgeted: Yes Source of Funds: CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: N/A If yes, amount: Grant: County Match: Insurance Required: N/A-No Additional Details: 08/19/20 001-05002 - TECHNICAL SERVICES $36,000.00 REVIEWED BY: Maria Guerra Completed 11/19/2021 12:36 PM Alan MacEachern Completed 11/19/2021 12:40 PM Assistant County Administrator Christine Hurley Skipped 11/19/2021 12:29 PM Christine Limbert Completed 11/19/2021 1:03 PM Purchasing Completed 11/19/2021 1:18 PM Budget and Finance Completed 11/22/2021 2:50 PM Maria Slavik Completed 11/22/2021 7:48 PM Liz Yongue Completed 11/23/2021 8:37 AM Board of County Commissioners Pending 12/08/2021 9:00 AM Packet Pg. 1074 C.15.a r- 0 SECOND RENEWAL AND AMENDMENT OF AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN MONROE COUNTY AND RICARDO FABER CASTRO PEREZ THIS AGREEMENT is made and entered into this 8" day of December 2021 between the COUNTY OF MONROE (herein after referred to as "County") and RICARDO FABER w CASTRO PEREZ (hereinafter referred to as "Consultant"), in order to renew and amend the ' 0 Agreement between the parties dated August 21, 2019. WHEREAS, the Agreement allows for Monroe County to renew this agreement for an additional 0 period; and e� WHEREAS, the compensation rate under this Agreement is being revised from $60 per hour to LU $75 per hour but the not to exceed amount of$36,000.00 per year will remain unchanged; and W w CL WHEREAS, the Agreement also needs to be revised to update the address of the Consultant and to add language pertaining to the Florida Retirement System; e( NOW,THEREFORE,in consideration of the mutual covenants contained herein the parties agree U to the renew and amend the Agreement as follows: c, 1. In accordance with Section IV PERIOD OF SERVICE of the 2019 Agreement, the County hereby exercises its option to renew the Agreement for an additional one (1) w year term beginning August 19, 2021. w w 2. Section H COMPENSATION will be revised to read as follows: Compensation for CONSULTANT'S Services under this Agreement shall be at the rate of$75.00 per hour, for a not to exceed amount of$36,000.00 per year. w 3. Section IX Notice shall be revised to update the address of Consultant as follows: FOR CONSULTANT: Ricardo Faber Castro Perez 20612 Pruitt Ct Montgomery Village, MD 20886 z 4. The Agreement shall be revised to include the following: SECTION XIX FRS DISCLOSURE The contractor understands and agrees that if he retires from a Florida Retirement System (FRS)-participating employer during the term of this agreement, FRS rules E 1 Packet Pg. 1075 C.15.a r_ 0 allow the contractor to have an independent contractor relationship with an FRS- participating employer, if approved by the Florida Division of Retirement, but could U) be disqualified from retirement benefits should the FRS determine that the relationship is one of employer-employee. The responsibility will be on the contractor to speak with FRS regarding the effect of this agreement, if any, on the contractor's retirement benefits. x 5. This renewal and amendment is retroactively approved to August 19, 2021 to avoid , an interruption of services under this agreement. 2 6. In all other respects, the Agreement between the parties dated August 21, 2019, 0 remains in full force and effect. Uj IN WITNESS WHEREOF, the parties have hereunto set their hands and seal, the day and year Uj first written above. 0.. (SEAL) BOARD OF COUNTY COMMISSIONERS Attest: KEVIN MADOK, Clerk OF MONROE COUNTY, FLORIDA c, By By As Deputy Clerk Mayor WITNESSES: RICARDO FABER CASTRO PEREZ 0 By: Witness 1 Signature z Print Name: uo Printed Name/Title Witness 2 �t Print Name: Date: U LU Packet Pg. 1076 GV�S COURTq c o. Kevin Madok, CPA ' �.b Clerk of the Circuit Court& Comptroller— Monroe County Florida 0z coo ®®0y VuJ DATE: October 17, 2019 c0. TO: Maria Guerra � IT Department FROM: Pamela G. Hancock, D.C. SUBJECT: August 21" BOCC Meeting i Attached is an electronic copy of the following item for your handling: C2I Professional Services Agreement with Ricardo Castro for a year to provide 0 Information Technology consulting services in an annual amount not to exceed$36,000.00. Should you have any questions,please feel free to contact me at ext. 3130. cv CL CL cv cv U cc: County Attorney Finance e( 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 Plan 305-294-4641 305-289-6027 305-852-7145 305- Packet Pg. 1077 C.15.b AGREEMENT FOR PROFESSIONAL SERVICES 0 THIS AGREEMENT is made as of this 21 st day of August, 2019, between Monroe County ("COUNTY"), a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040 and Ricardo Faber Castro Perez ("CONSULTANT"), whose address is 17001 King James Way Apt 102, Gaithersburg, Maryland 20877, for expert application development and IT consulting services. WHEREAS, CONSULTANT was an employee for Monroe County for approximately 5 years until August 91h 2019, and has specific knowledge which the COUNTY may need in connection with Information Technology (IT) systems including internal/external web LU applications, and backup versioning systems for these applications that are operated and , maintained by the COUNTY, and other items of importance to Monroe County; and WHEREAS, COUNTY desires to engage CONSULTANT to provide consulting services in matters where his experience and knowledge of County IT web applications will provide significant assistance to the Director of Information Technology and IT staff in carrying out their responsibilities to and representation of Monroe County;and W WHEREAS, CONSULTANT desires to render these Services as described in SECTION I, Scope of Services; N NOW, THEREFORE, COUNTY and CONSULTANT in consideration of the mutual �t covenants contained herein, agree as follows: SECTION I. SCOPE OF SERVICES CONSULTANT will provide IT consulting services as requested by the Director of Information Technology or his designee or the County Administrator or his designee, and necessary related research and investigation solely on behalf of COUNTY. SECTION II. COMPENSATION Compensation for CONSULTANT'S Services under this Agreement shall be at the rate of $60.00 per hour, for a not to exceed amount of$36,000.00 per year. SECTION III. PAYMENT Payment will be made periodically, but no more frequently than monthly, in arrears, upon presentation of an invoice in accordance with the Local Government Prompt Payment Act. Consultant shall be reimbursed for travel and other expenses only to the extent and in the amounts authorized by Section 2-106 et. seq. of the Monroe County Code. Expenses and documentation of work performed shall be submitted by CONSULTANT and authorized by the COUNTY in writing with backup documentation as required by the Clerk of Court. Ricardo Faber Castro Perez Consulting Agreement RRW Packet Pg. 1078 C.15.b The COUNTY'S performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Board of County Commissioners and the approval of the Board members at the time of contract initiation and its duration. If the CONSULTANT'S duties, obligations and responsibilities are materially changed by written amendment to this Agreement after execution of this Agreement,compensation due to the 2 CONSULTANT may be equitably adjusted,either upward or downward. SECTION IV. PERIOD OF SERVICE This Agreement shall become effective upon execution by all parties and shall continue in effect °' X for one year. This Agreement may be terminated as set forth in Section XVII Lu TERMINATION of this Agreement. This Agreement maybe modified or extended only in writing and if approved by the Board of County Commissioners. Any extension hereof may be subject to such changes in terms as the parties agree. 0 SECTION V. NON-WAIVER OF IMMUNITY AND HOLD HARMLESS COUNTY and CONSUTLANT acknowledge that COUNTY does not waive immunity nor does COUNTY agree to hold the CONSULTANT harmless; notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the CONSULTANT and the COUNTY in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the COUNTY be required to contain any °® provision for waiver. SECTION VI. CONTROLLING LAW This Agreement is to be governed by the law of the State of Florida. Venue shall be in Monroe County. 0. SECTION VII. SEVERABILITY Ifany provision of this Agreement is held invalid or unenforceable, the remaining provisions shall be valid and binding upon the parties. One or more waivers by either party of any provision, term or condition shall not be construed by the other party as a waiver of any subsequent breach of the same provision,term or condition. U SECTION VIII. NONDISCRIMINATION CONSULTANT and COUNTY agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. CONSULTANT or COUNTY agrees to comply with all Federal laws and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VII of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color religion, sex and national origin; 2) Title IX Ricardo Faber Castro Perez Consulting 2 Agreement RRW Packet Pg. 1079 C.15.b of the Education Amendment of 1972, as amended (20 USC ss. 1681- 1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107)which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention,Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to 2 nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patent records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s s. 360let seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 12101 ), as maybe amended from time to time, relating to nondiscrimination on the basis of disability; 10) Monroe County Code Chapter 14, Article 11, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; 11) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. SECTION IX. NOTICE cv U Any notices sent by the parties shall be deemed to have been duly served if delivered in person to the individuals and addresses listed below, or if delivered or sent by first class mail, certified, c� 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 I® correspondence shall be directed to: FOR COUNTY: FOR CONSULTANT: Mr. Robert Shillinger County Ricardo Faber Castro Perez Attorney 17001 King James Way P.O. Box 1026 Apt 102 Key West, Florida 33041 Gaithersburg, MD 20877 U Ricardo Faber Castro Perez Consulting 3 Agreement RRW Packet Pg. 1080 C.15.b SECTION X.NO THIRD PARTY BENEFICIARIES Nothing contained herein shall create any relationship, contractual or otherwise, with or any rights in favor of, any third party. SECTION XI. BINDING EFFECT The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the COUNTY and CONSULTANT and their respective legal representatives, successors, and assigns. X SECTION XII.AUTHORITY ' 0 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 0 corporate action, as required by law. SECTION XIII.ADJUDICATION OF DISPUTES OR DISAGREEMENTS cv COUNTY and CONSULTANT agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If the issue or issues are still not resolved to the satisfaction of the parties,then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. COUNTY and CONSULTANT specifically agree that no party to this Agreement shall °® be required to enter into any arbitration proceedings related to this Agreement. SECTION XIV. COVENANT OF NO INTEREST CONSULTANT and COUNTY covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under 0. 0. this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. SECTION XV. CODE OF ETHICS COUNTY agrees that officers and employees of the COUNTY recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in °® Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts;doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. 1-- SECTION XVI. EXECUTION This Agreement, including any exhibits included herein, constitutes the entire Agreement between CONSULTANT and COUNTY, and supersedes and controls over all prior written c, or oral understandings. This Agreement may be amended, supplemented or modified only by a written instrument duly executed by the parties. Ricardo Faber Castro Perez Consulting 4 Agreement RRW Packet Pg. 1081 C.15.b SECTION XVII. TERMINATION A. In the event that the CONSULTANT shall be found to be negligent in any aspect of service, the COUNTY shall have the right to terminate this agreement after five days written notification to the CONSULTANT. B. Either of the parties hereto may cancel this Agreement without cause by giving the other party sixty(60)days written notice of its intention to do so. C. For Contracts of any amount, if the County determines that the Consultant has submitted a false certification under Section 287.135(5), Florida Statutes or has been placed on the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel, the County shall have the option of (1) terminating the Agreement after it has given the Consultant written notice and an opportunity to demonstrate the agency's determination , of false certification was in error pursuant to Section 287.135(5)(a), Florida Statutes, or (2) maintaining the Agreement if the conditions of Section 287.135(4), Florida Statutes, are met. 0 SECTION XVIII. PUBLIC RECORDS Public Records Compliance. CONSULTANT must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of article I of the Constitution of Florida. The County and CONSULTANT shall allow and permit reasonable access to, and inspection of, all documents, records,papers, letters or other"public record"materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and CONSULTANT in conjunction with this contract and related to contract performance. The County shall have the right to unilaterally cancel this contract upon violation of this provision by the CONSULTANT. Failure of the CONSULTANT to abide by the terms of this provision shall be deemed a material breach of this contract and the County may enforce the terms of this provision in the form of a court proceeding and shall, as a prevailing party, be entitled to reimbursement of all attorney's fees and costs associated with that proceeding. This provision shall survive any termination or expiration of the contract. c, 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. c� (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 Ricardo Faber Castro Perez Consulting cJ Agreement RRW Packet Pg. 1082 C.15.b 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 0 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 c CONSULTANT must provide the records to the County or allow the records to be inspected or copied within a reasonable time. cv 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 cv 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. CL CL IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS BRIAN BRADLEY AT PHONE# 305-292-3470 BRADLEY- B:R1AN 0NR0EC0UNTY-FL.G0V MONROE COUNTY ATTORNEY'S OFFICE 1111 12TH Street SUITE 408 KEY WEST FL 33040. Ricardo Faber Castro Perez Consulting 6 Agreement RRW Packet Pg. 1083 C.15.b WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and rstwritten above. 'EVEN MADOK.Clerk Board of County Commissioners of Monroe unty ida 4rh8gIrM0DT GOUN•+ ___..._ -. eputy Clerk May r Ricardo Faber Castro Perez ' Date ±�; o r-� 0 1 he fioneauing insuru iciit%,%�•%Dckfltl%%1cdLetl h(:forc me this ;• '. C' '� 1'ho is( )personally lutrnvn td me ark )produce s driver's license as identificatiun.- ' NOTARY PX]B1.IC,STATE OF _ r I'�{�BICIk3Nfii►mp crnnu is+inncc�a�rtt;ly'iSY•:ti>�)irn car District of Columbia Notary Public •,••''�ti�. p�y'.;,, My Commission Expiroi Joy 31.20M y r try r V ,• AJ3L C' e' �`f••....••.'� Uj CL CL ''. a� 4�r.'•, i MONROE COUNTY ATTORNEY RO ED AS TP FORM: CYiRIS E L.IMBERT BARROWS ASSISTANT DATE: Q TY A RNEY F® ®y N': 3 W4 o Q= -� t� Fn j CD Ali i, RI[a-d,!i•.ttnj(a•Ir, Pace C,m%14 n ' kgreemew RRN' F 7 Packet Pg. 1084 coukr, C.15.c Kevin Madnk, CPA . .:. Clerk of the Circuit Court&Comptroller—Monroe County, Florida DATE: August 25, 2020 TO: Alan MacEaclrern, Director Information Technology LU ATTN: Maria Guerra, Executive Assistant c FROM: Parnela G. Hanc k* .C. 0 SUBJECT: August 19' BOCC Meeting Altached is an clectrorlrc copy of the following ilern for your handling: fJ C33 Professional Services Agreement witli Ricardo Castro to extend 1us contract for an E additional one-year period beginning August 19, 2020. His hourly rate is$60.00 an hour; and flu's CD authori7cs us to use trim on an as needed basis for up to 600 hours. CD cv Should you lrave any questions please feel free to contact me at (305) 292-3.550. co CL CL LU cc: County Attorney Finance File �? KEY WEST MARATHON PLANTATION KEY PKIROTH BUILDING 500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florida 33070 305-294-4641 305-289-6027 305-852-7145 305 Packet Pg. 1085 C.15.c 0 FIRST RENEWAL QF.AGREEMENT FAR RUFESSIONAL SERVICES BETWEEN MONRUE COUNTY AND RICARDO FABER CASTRO PEREZ THIS AGREEMENT is made and entered into this 19" day of August 2020 between the COUNTY OF MONROE and RICARDO FABER CASTRO PEREZ, in order to renew the Agreement between the parties dated August 21,2019. WHEREAS, the Agreement allows for Monroe County to renew this agreement for an additional period;and 0 NOW, THEREFORE, in consideration of the mutual covenants contained herein the parties agree to the renew: 1. In accordance with Section IV PERIOD OF SERVICE of the 2019 Agreement,the County hereby exercises its option to renew the Agreement for an additional one{I} year term beginning August 19,2020. N 2. In all other respects,the Agreement between the parties dated August 21,2019, remains in full force and effect. 00 E55 WHEREOF,the parties have hereunto set their hands and seal,the dad±and ye4 'tten above. 2' CL BOARD OF COUNTY COMM LSSIOI .S VIN MADOK, Clerk OF MONROE COUNTY,FLOkIDA �. a �n ceur•' ]�] y cJ By co 1i; As Deputy Clerk Mayor MONROE COUNTY ATTORNEY ntia,�„° M I� F THICIlL7 CHRISTrNE UMBERT-BARROW S ASSISTANT COUNTY ATTORNEY DATE: 89429 _ W[�.— RICARDO BER CAS O P U) By: wine � signet Print Name: �'r CJI� o /70 Printed NamelTitle Witness 2 h Print Name: Date: Packet P0. 1086