Item T11 County of Monroe BOARD OF COUNTY COMMISSIONERS
r `� � Mayor David Rice,District 4
The Florida Ke S Mayor Pro Tem Craig Cates,District 1
Y �, Michelle Coldiron,District 2
ti Vacant,District 3
Holly Merrill Raschein,District 5
County Commission Meeting
February 16, 2022
Agenda Item Number: T.11
Agenda Item Summary #10233
REVISED AC -U : Replaced contract with signed version.
BULK ITEM: Yes DEPARTMENT: County Attorney's Office
TIME APPROXIMATE: STAFF CONTACT: Bob Shillinger(305) 292-3470
N/A
AGENDA ITEM WORDING: Approval of agreement for Professional Services between Mayte
Santamaria and Monroe County.
ITEM BACKGROUND: Mayte Santamaria was the Senior Director of Planning & Environmental
Resources from December 10, 2014, through February 21, 2018. She then worked as the Senior
Planning Policy Advisor through February 4, 2022. The unique knowledge and skill sets Mayte
possesses would be a tremendous loss to the County if the County were unable to continue to work
with her. The proposed Agreement for Services will allow Mayte and the County to continue to
work together, as the parties may agree. As comports with her skills and abilities, the scope of the
Agreement is expansive and is not limited to specific projects or tasks. This is intentionally drafted
so as to allow Mayte to assist in all manners related to planning and land use. As the Agreement is
drafted, Mayte may assist or not assist on any matter as she and the County may agree upon.
The agreement is effective upon execution by all parties and shall continue until terminated.
PREVIOUS RELEVANT BOCC ACTION: Previously under contract, starting in February 2018.
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Recommend approval.
DOCUMENTATION:
M Santamaria Agreement for Services.
43783 date corrected
FINANCIAL IMPACT:
Effective Date: Upon execution.
Expiration Date: Upon termination.
Total Dollar Value of Contract: $200/hour as needed.
Total Cost to County:
Current Year Portion:
Budgeted:
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: If yes, amount:
Grant:
County Match:
Insurance Required:
Additional Details:
N/A
REVIEWED BY:
Bob Shillinger Completed 02/08/2022 2:50 PM
Bob Shillinger Skipped 02/08/2022 2:38 PM
Purchasing Completed 02/08/2022 3:20 PM
Budget and Finance Completed 02/08/2022 3:25 PM
Maria Slavik Completed 02/08/2022 4:54 PM
Liz Yongue Completed 02/08/2022 5:02 PM
Board of County Commissioners Pending 02/16/2022 9:00 AM
T71
County f � .�� ��� BOARD OF COUNTY COMMISSIONERS
Mayor David Rice,District 4
Mayor Pro Tem Craig Cates,District 1
The Florida Keys '
Y � �F' Michelle Coldiron,District 2
Vacant,District 3
--' Holly Merrill Raschein,District 5
County Commission Meeting
February 16, 2022
Agenda Item Number: T.11
Agenda Item Summary #10283
BULK ITEM: Yes DEPARTMENT: County Attorney's Office
TIME APPROXIMATE: STAFF CONTACT: Bob Shillinger(305) 292-3470
N/A
AGENDA ITEM WORDING: Approval of agreement for Professional Services between Mayte
Santamaria and Monroe County.
ITEM BACKGROUND: Mayte Santamaria was the Senior Director of Planning & Environmental
Resources from December 10, 2014, through February 21, 2018. She then worked as the Senior
Planning Policy Advisor through February 4, 2022. The unique knowledge and skill sets Mayte
possesses would be a tremendous loss to the County if the County were unable to continue to work
with her. The proposed Agreement for Services will allow Mayte and the County to continue to
work together, as the parties may agree. As comports with her skills and abilities, the scope of the
Agreement is expansive and is not limited to specific projects or tasks. This is intentionally drafted
so as to allow Mayte to assist in all manners related to planning and land use. As the Agreement is
drafted, Mayte may assist or not assist on any matter as she and the County may agree upon.
The agreement is effective upon execution by all parties and shall continue until terminated.
PREVIOUS RELEVANT BOCC ACTION: Previously under contract, starting in February 2018.
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Recommend approval.
DOCUMENTATION:
M Santamaria Agreement for Services.
43783 date corrected
FINANCIAL IMPACT:
Packet Pg. 3627
T71
Effective Date: Upon execution.
Expiration Date: Upon termination.
Total Dollar Value of Contract: $200/hour as needed.
Total Cost to County:
Current Year Portion:
Budgeted:
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: If yes, amount:
Grant:
County Match:
Insurance Required:
Additional Details:
N/A
REVIEWED BY:
Bob Shillinger Completed 02/08/2022 2:50 PM
Bob Shillinger Skipped 02/08/2022 2:38 PM
Purchasing Completed 02/08/2022 3:20 PM
Budget and Finance Completed 02/08/2022 3:25 PM
Maria Slavik Completed 02/08/2022 4:54 PM
Liz Yongue Completed 02/08/2022 5:02 PM
Board of County Commissioners Pending 02/16/2022 9:00 AM
Packet Pg. 3628
T.17.a
AGREEMENT FOR SERVICES
THIS AGREEMENT is made as of this day of
2018, between Monroe County ("COUNTY"), a political subdivision of the State of
Florida, whose address is 1100 Simonton Street, Key West, Florida 33040 and Mayte
Santamaria, ("CONSULTANT"), whose address is 601 East Easy Street, Fort Pierce, FL
34982, for expert witness and consulting services, and other matters.
WHEREAS, CONSULTANT was the Senior Director of Planning and 0
Environmental Resources for Monroe County until February 21, 2018, and has specific
knowledge and ability which the COUNTY may need in connection with future planning 2
and land use matters; and 0
WHEREAS, CONSULTANT desires to render these Services as described in
SECTION I, Scope of Services;
C
NOW, THEREFORE, COUNTY and CONSULTANT in consideration of the 2
mutual covenants contained herein, agree as follows:
06
SECTION I. SCOPE OF SERVICES
CONSULTANT will provide assistance to County as agreed to by both parties for any and
all matters so requested by the County. The County Attorney and the Senior Director of �-
Planning and Environmental Resources shall authorize the Consultant via email to perform
assignments for the County. �?
SECTION II. COMPENSATION
2
0
Compensation for CONSULTANT'S Services under this Agreement shall be at the rate of
$200.00 per hour. E
2
SECTION III. PAYMENT
Consultant shall provide a monthly invoice detailing the project(s) she worked on, the
amount of hours worked for each project, the County department assigning that project,
and the total amount in compensation sought. The County Department assigning tasks to
the consultant shall be responsible for payment for those tasks.
Consultant shall be reimbursed for travel and other expenses only to the extent and in the E
amounts authorized by Florida Statute 112.061 and Sections 2-106-117 of the Monroe
County Code;payment will be made periodically,but no more frequently than monthly, in
arrears. 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.
1
Packet Pg. 3629
T.17.a
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 CONSULTANT may be equitably adjusted, either upward or downward.
SECTION IV. PERIOD OF SERVICE y
0
This Agreement shall become effective upon execution by all parties and shall continue
until terminated. This Agreement may be terminated by either party,with or without cause,
upon seven days written notice to the other party. �
SECTION V. LIABILITY
CONSULTANT is to be, from a liability perspective, treated as an agent working for the
County under this Agreement and is to be held harmless from any liability for any work C
undertaken as a result of the Agreement. .2
SECTION VI. CONTROLLING LAW
This Agreement is to be governed by the law of the State of Florida. Venue shall be in
Monroe County.
SECTION VIL SEVERABILITY
If any provision of this Agreement is held invalid or unenforceable,the remaining provisions
shall be valid and binding upon the parties. One or more waivers by either party of any 0
provision, term or condition shall not be construed by the other party as a waiver of any
subsequent breach of the same provision,term or condition.
SECTION VIII. NONDISCRIMINATION
The parties agree that there will be no discrimination against any person, and it is expressly
understood that upon a determination by a court of competent jurisdiction that
discrimination has occurred, this Agreement automatically terminates without any further
action on the part of any party, effective the date of the court order. The parties agree to U)
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 a�
Rights Act of 1964 (PL 88-352),which prohibit discrimination in employment on the basis
of race, color, religion, sex, and national origin; 2) Title IX of the Education Amendment
of 1972, as amended (20 USC §§ 1681-1683, and 1685-1686), which prohibits
discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as
amended(20 USC § 794),which prohibits discrimination on the basis of handicaps; 4)The
Age Discrimination Act of 1975, as amended (42 USC §§ 6101-6107), which prohibits
discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972
(PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The
2
Packet Pg. 3630
T.11.a
Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation
Act of 1970 (PL 91616), 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 VHI of the Civil Rights Act of 1968 (42 USC §§ 3601 et seq.), as
amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The
Americans with Disabilities Act of 1990 (42 USC §§ 1201), as amended from time to time,
relating to nondiscrimination in employment on the basis of disability; 10)Monroe County
Code Chapter 14,Article H,which prohibits discrimination on the basis of race, color, sex,
religion, national origin, ancestry, sexual orientation, gender identity or expression, c
c,
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. 2
0
SECTION IX. NOTICE
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 C
mail, certified, return receipt, or by courier with proof of delivery. All written
correspondence to the COUNTY shall be dated and signed by an authorized representative
of the CONSULTANT. The correspondence shall be directed to: 06
FOR COUNTY:
County Attorney
1111 12t' Street, Suite 408
Key West, Florida 33040
FOR CONSULTANT:
Mayte Santamaria 0
601 East Easy Street
Fort Pierce, FL 34982
E
CD
2
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.
�t
3
Packet Pg. 3631
T.17.a
SECTION XII. AUTHORITY
Each party represents and warrants to the other that the execution, delivery and
performance of this Agreement have been duly authorized by all necessary County and
corporate action, as required by law.
SECTION XIII. 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 0
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 2
Agreement or by Florida law. COUNTY and CONSULTANT specifically agree that no 0
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 this Agreement, and that only interest of each is to perform and receive benefits as
recited in this Agreement.
SECTION XV. CODE OF ETHICS
v,
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 0
or acceptance of gifts; doing business with one's agency; unauthorized compensation;
misuse of public position, conflicting employment or contractual relationship; and
E
disclosure or use of certain information.
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
or oral understandings. This Agreement may be amended, supplemented or modified only
by a written instrument duly executed by the parties. �.
SECTION XVII. 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
4
Packet Pg. 3632
T.17.a
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.
The Consultant is encouraged to consult with its advisors about Florida Public Records
Law in order to comply with this provision. 0
Pursuant to F.S. 119.0701 and the terms and conditions of this contract,the Consultant
is required to: 2
(1) Keep and maintain public records that would be required by the County to 0
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 r-
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 0
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
E
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. U)
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 sectionl 19.10, Florida Statutes.
5
Packet Pg. 3633
T.17.a
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.
SECTION XVIII. E-VERIFY SYSTEM
Beginning January 1, 2021, in accordance with F.S. 448.095, the Contractor and any
subcontractor shall register with and shall utilize the U.S. Department of Homeland
Security's E-Verify system to verify the work authorization status of all new employees
hired by the Contractor during the term of the Contract and shall expressly require any 0
subcontractors performing work or providing services pursuant to the Contract to likewise
utilize the U.S. Department of Homeland Security's E-Verify system to verify the work 2
authorization status of all new employees hired by the subcontractor during the Contract 0
term. Any subcontractor shall provide an affidavit stating that the subcontractor does not
employ, contract with, or subcontract with an unauthorized alien. The Contractor shall
comply with and be subject to the provisions of F.S. 448.095.
E
r-
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-BRIAN(&,MONROECOUNTY-FL.GOV, MONROE
COUNTY ATTORNEY'S OFFICE 1111 12TH STREET, SUITE 408,
KEY WEST, FL 33040. )
2
0
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day
and year first written above. 2
(SEAL) BOARD OF COUNTY
COMMISSIONERS OF E
Attest: KEVIN MADOK, Clerk MONROE COUNTY,FLORIDA
By: By:
Deputy Clerk Mayor David Rice
ADA MAYA SANTAMARIA
Consultant
6
Packet Pg. 3634
L11.b
AGREEMENT FOR SERVICES
THIS AGREEMENT is made as of this day of
2022, between Monroe County ("COUNTY"), a political subdivision of the State of
Florida, whose address is 1100 Simonton Street, Key West, Florida 33040 and Mayte
Santamaria, ("CONSULTANT"), whose address is 601 East Easy Street, Fort Pierce, FL
34982, for expert witness and consulting services, and other matters.
WHEREAS, CONSULTANT was the Senior Director of Planning and
Environmental Resources for Monroe County until February 21, 2018, and has specific
knowledge and ability which the COUNTY may need in connection with future planning
and land use matters; and c
t�
WHEREAS, CONSULTANT desires to render these Services as described in
SECTION I, Scope of Services; 0
NOW, THEREFORE, COUNTY and CONSULTANT in consideration of the
mutual covenants contained herein, agree as follows:
E
SECTION I. SCOPE OF SERVICES
CONSULTANT will provide assistance to County as agreed to by both parties for any and
06
all matters so requested by the County. The County Attorney and the Senior Director of
Planning and Environmental Resources shall authorize the Consultant via email to perform
assignments for the County.
a.
SECTION II. COMPENSATION
Compensation for CONSULTANT'S Services under this Agreement shall be at the rate of 2
$200.00 per hour.
SECTION III. PAYMENT
co
Consultant shall provide a monthly invoice detailing the project(s) she worked on, the
amount of hours worked for each project, the County department assigning that project,
and the total amount in compensation sought. The County Department assigning tasks to
the consultant shall be responsible for payment for those tasks.
Consultant shall be reimbursed for travel and other expenses only to the extent and in the
amounts authorized by Florida Statute 112.061 and Sections 2-106-117 of the Monroe
County Code;payment will be made periodically,but no more frequently than monthly, in
arrears. 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.
1
Packet Pg. 3635
L11.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 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
until terminated. This Agreement may be terminated by either party,with or without cause,
upon seven days written notice to the other party. 0
c,
SECTION V. LIABILITY y
2
CONSULTANT is to be, from a liability perspective, treated as an agent working for the
County under this Agreement and is to be held harmless from any liability for any work
undertaken as a result of the Agreement.
a�
SECTION VI. CONTROLLING LAW
0
This Agreement is to be governed by the law of the State of Florida. Venue shall be in
Monroe County. 06
SECTION VIL SEVERABILITY
If any provision of this Agreement is held invalid or unenforceable,the remaining provisions
shall be valid and binding upon the parties. One or more waivers by either party of any 2
provision, term or condition shall not be construed by the other party as a waiver of any a
subsequent breach of the same provision,term or condition. 0
SECTION VIII. NONDISCRIMINATION
co
The parties agree that there will be no discrimination against any person, and it is expressly
understood that upon a determination by a court of competent jurisdiction that
discrimination has occurred, this Agreement automatically terminates without any further
action on the part of any party, effective the date of the court order. The parties agree to
comply with all Federal and Florida statutes, and all local ordinances, as applicable,
relating to nondiscrimination. These include but are not limited to: 1)Title VII of the Civil
Rights Act of 1964 (PL 88-352),which prohibit discrimination in employment on the basis
of race, color, religion, sex, and national origin; 2) Title IX of the Education Amendment
of 1972, as amended (20 USC §§ 1681-1683, and 1685-1686), which prohibits
discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as
amended(20 USC § 794),which prohibits discrimination on the basis of handicaps; 4)The
Age Discrimination Act of 1975, as amended (42 USC §§ 6101-6107), which prohibits
discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972
(PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The
2
Packet Pg. 3636
L11.b
Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation
Act of 1970 (PL 91616), 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 VHI of the Civil Rights Act of 1968 (42 USC §§ 3601 et seq.), as
amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The
Americans with Disabilities Act of 1990 (42 USC §§ 1201), as amended from time to time,
relating to nondiscrimination in employment on the basis of disability; 10)Monroe County
Code Chapter 14,Article H,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.
0
SECTION IX. NOTICE
2
Any notices sent by the parties shall be deemed to have been duly served if delivered in 0
person to the individuals and addresses listed below, or if delivered or sent by first class
mail, certified, return receipt, or by courier with proof of delivery. All written
correspondence to the COUNTY shall be dated and signed by an authorized representative
of the CONSULTANT. The correspondence shall be directed to: C
2
FOR COUNTY:
County Attorney
1111 12t' Street, Suite 408
Key West, Florida 33040 �
FOR CONSULTANT:
Mayte Santamaria 2
601 East Easy Street a
Fort Pierce, FL 34982 0
SECTION X. NO THIRD PARTY BENEFICIARIES
co
Nothing contained herein shall create any relationship, contractual or otherwise,with or any
rights in favor of, any third party.
a�
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.
3
Packet Pg. 3637
L11.b
SECTION XII. AUTHORITY
Each party represents and warrants to the other that the execution, delivery and
performance of this Agreement have been duly authorized by all necessary County and
corporate action, as required by law.
SECTION XIII. ADJUDICATION OF DISPUTES OR DISAGREEMENTS
COUNTY and CONSULTANT agree that all disputes and disagreements shall be
attempted to be resolved by meet and confer sessions between representatives of each of
the parties. If the issue or issues are still not resolved to the satisfaction of the parties,then
any party shall have the right to seek such relief or remedy as may be provided by this
Agreement or by Florida law. COUNTY and CONSULTANT specifically agree that no 0
party to this Agreement shall be required to enter into any arbitration proceedings related
to this Agreement. 2
0
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 r-
under this Agreement, and that only interest of each is to perform and receive benefits as
recited in this Agreement.
06
SECTION XV. CODE OF ETHICS
COUNTY agrees that officers and employees of the COUNTY recognize and will be
a.
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; a
misuse of public position, conflicting employment or contractual relationship; and 0
disclosure or use of certain information. cu
SECTION XVI. EXECUTIONco
This Agreement, including any exhibits included herein, constitutes the entire Agreement
between CONSULTANT and COUNTY, and supersedes and controls over all prior written
or oral understandings. This Agreement may be amended, supplemented or modified only
by a written instrument duly executed by the parties.
�t
SECTION XVII. 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
4
Packet Pg. 3638
L11.b
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.
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: y
(1) Keep and maintain public records that would be required by the County to 0
perform the service.
(2) Upon receipt from the County's custodian of records, provide the County with a 2
copy of the requested records or allow the records to be inspected or copied within a 0
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 C
the duration of the contract term and following completion of the contract if the Consultant c
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. a
All records stored electronically must be provided to the County, upon request from the 0
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 `O
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
E
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 sectionl 19.10, Florida Statutes.
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L11.b
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.
SECTION XVIII. E-VERIFY SYSTEM
Beginning January 1, 2021, in accordance with F.S. 448.095, the Contractor and any
subcontractor shall register with and shall utilize the U.S. Department of Homeland
Security's E-Verify system to verify the work authorization status of all new employees
hired by the Contractor during the term of the Contract and shall expressly require any
subcontractors performing work or providing services pursuant to the Contract to likewise
utilize the U.S. Department of Homeland Security's E-Verify system to verify the work
authorization status of all new employees hired by the subcontractor during the Contract 0
term. Any subcontractor shall provide an affidavit stating that the subcontractor does not
employ, contract with, or subcontract with an unauthorized alien. The Contractor shall 2
comply with and be subject to the provisions of F.S. 448.095. y
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-BRIAN(-,MONROECOUNTY-FL.GOV, MONROE
COUNTY ATTORNEY'S OFFICE 1111 12TH STREET, SUITE 408,
KEY WEST, FL 33040.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day
and year first written above.
(SEAL) BOARD OF COUNTYco
COMMISSIONERS OF r
Attest: KEVIN MADOK, Clerk MONROE COUNTY,FLORIDA
By: By:
Deputy Clerk Mayor David Rice
ADA MAYTE SANTAMARIA
Consultant
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