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03/28/2023 Agreement & Task Orders 1 to 3
Monroe County Purchasing Policy and Procedures jJITACHMENT D.5 COUNTY ADMINISTRATORCONT /fin eirrrrr,.>>fJr/r/%I%///11/ylrlOGllll��r)vrTl7vw4'S0 000•00 �R t� / MMARY /FORM FOR CONTRACTS LESS THAN /f7Flllll'LC .S`l(111'1i�/ %', # 1 ,.1 uolr'IIIYf( ' tf l'!„Ili.i'ili "4;rrri;a 9y` , to ract with.,,; ���� �� �111 fir`°l�/ »plop rvr unir�y r J r rr r r// aNA, Effective Date: r Expiration Date Contract Purpose/Description: r f / tl,,° ItIK f�Ifll i, i1r y rI, '4t Ilrls ,r (�I'//f�/f ty,r,r � ,r9r , // ,:., i / /%///%��JU l�,/% r, �1 s I1�i,� , ldil , '6., r � pl, �//rrf�f�/�%o, ✓fa/y�lfrrh,� 11J1�r1Jr„ l//�/� Contract is Original Agreement Contract Amendment/Extension Renewal rio irtwlicre" it� �r i n „ 'o r, ��syrr H17�iv yNmnr ii i i �1/i i yrrr ",a ml Jh�J��)Y�1%r Contract Manager: �� ill, /1G///G�rvlD/�J 1� J//,�1 ��,yo/JY�y) �r���t g `rh8fl% �7iVt1Uf`r �,li!ra�/ lll/ �Ivdv/ m Ext.1 a artmen t CONTRACT COSTS Total Dollar Value of Contract: $ l /� �!l' ' MIM °� /� � � Current Year Portion: $ (must be less than$50,000) ��' �����° (if multiyear agreement Chen requires BOCC approvak unless the tr u,d of m tdwm 1 e xmwmwo unt ms� „�s Ilya Budgeted? Yes❑1■ No ❑ Grant: $NIA County Match: io Fund/Cost Center/Spend Category. ADDITIONAL COSTS �, � �%f����� ��� �i%ji��� Estimated Ongoing Costs: $ yr For: �(Nd';/ „//ii/,,;_/�/r%iM//i�/ ,,ur .;,/r ,:r (Not included in dollar value above) (e.g.maintenance,utilities,janitorial,salaries,etc.) Insurance Required: YES N NO CONTRACT REVIEW Reviewer Date In James K. Callahan N"'O'um°ooh Department Head Signature n�,.TOM CK MID m0040 m406 _._........ .............................Ihpt11ur Vmmd!my Cmm"am K'o rrCounty Attorney Signature: Christina Cory r-,- mn W tlm ma 17 4a .._..................................................................... ................................................................................................................................................. Risk Management Signature: ...................................................................................................................................I".-.,,....-._.-.............................................. ou Purchasing Signature: Lisa Abreu V,'m°"',2012m'ro�ol1!!!"&$sy'.0 ..................................................................................................... hm OMB Signature: John Quinn D"'���'p2305°D20027,07 ^ ......................................................................................................................................................�.�^�...:w��m�..„m�� .�.® .!m�.w� Comments: Revised BOCC 2/15/2023 Page 85 of 106 PROFESSIONAL SERVICES AGREEMENT MONROE COUNTY,FLORIDA AND HRTM CONSULTING THIS AGREEMENT is made and entered into this" day of 2023, by and between MONROE COUNTY ("County"), a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040 and HRTM Consulting, ("Contractor"),whose address is 676 Franklin Blvd,Somerset,.NJ 08873. Section 1.SCOPE OF SERVICES Contractor shall do, perform, and carry out in a professional and proper manner the professional services described in the Exhibit attached hereto and made a part of this agreement, as well as any future Proposals. In the event of a conflict in terms between the Exhibit, or future Proposals, THE TERMS OF THE AGREEMENT SHALL PREVAIL, EXCEPT WITH RESpECT TO THE SUBJECT WORK DESCRIBED THEREIN. WITH RESPECT TO THE SUBJECT WORK DESCRIBED,THE PROPOSAL WILL PREVAIL. Contractor and County may from time to time execute additional Proposals, each of which shall be deemed to be part of this Agreement. The Proposals shall be for the acquisition of additional professional services hours or for project work from Contractor and may include travel expenses on occasions where travel is required. Upon receipt of any future Proposals, the requesting department shall prepare and submit a Task Order to be approved and executed according to the Monroe County Purchasing Policy. Contractor warrants that it is authorized by law to engage in the performance of the activities herein described,subject to the terms and conditions set forth in these Agreement documents. The Contractor shall, at all times, exercise independent, professional judgment and shall assume professional responsibility for the services to be provided. Contractor shall provide services using the following standards, as a minimum requirement: A. The Contractor shall maintain adequate staffing levels to provide the services required under this Agreement. B. To the extent that Contractor uses cmployecs,subcontractors or independent contractors, this Agreement specifically requires that the employees, subcontractors and independent contractors shall not be an employee of or have any contractual relationship with County. C. All personnel engaged in performing services under tWs Agreement shall be fully qualified, and, if required, to be authorized or permitted under State and local law to perform such services. Section 2.COUNTY'S RESPONSIBILITIES 2.1 The County will provide any equipment and resources required in the attached Exhibit or future Proposals. After receipt of any future Proposals, the requesting department shall prepare and submit a Task Order to be approved and executed according to the Monroe County Purchasing Policy. 2.2 The County will make payments as outlined in Section 4 of this Agreement. Section 3.TERM OF AGREEMENT/RENEWAL 3.1 This Agreement shall be fora period of three(3)years, commencing March 28 2023,and terminating MarcL2Z_,2026. 3.2 After the County utilizes the hours the Exhibit attached hereto,the Contractor shall submit a new Proposal upon request by the County to purchase additional professional service hours.Upon receipt of any future Proposals,the requesting department shall prepare and submit a Task Order to be approved and executed according to the Monroe County Purchasing Policy. 3.3 Ile hourly rate for additional professional services hours will remain at$140.00 per hour for the duration of the Agreement. 3.4 The maximum to dollar amount of the attached Exhibit and future Proposals that can be charged under this Agreement is$49,999.99. Section 4.PAYMENT TO CONTRACTOR 4.1 The lump sum fees that will be paid by the County are as shown in the attached Exhibit and shall be contained in any future Proposal. The County is exempt from sales and use taxes. 4.2 The lump sum fees are inclusive of all actual costs incurred,including by way of example and not limitation, photocopies, long distance telephone charges and overnight delivery services. 4.3 Payment will be made according to the Florida Local Government Prompt Payment Act, Sections 218.70-218.80, Florida Statutes. Contractor shall submit to the County an invoice with supporting documentation in a form acceptable to the Clerk. Invoices may be submitted upon completion of the services. Acceptability of the invoice to the Clerk is based on generally accepted accounting principles and such laws,rules and regulations as may govern the Clerk's disbursal of funds. Invoices shall be sent to the County's Fire Rescue Department who will review the documents and route them to appropriate County Staff for approval. Upon receiving all required approvals, the invoice(s) will be forwarded to the County Clerk's office for payment. Section 5.CONTRACT TERMNATION The County reserves the right to terminate this Agreement by written notice given 48 hours prior to the date the services listed the Exhibit or future Proposals are provided. In the event of such termination, any services provided by Contractor up to the effective date of termination shall be due to the Contractor. Section 6. NOTICES Any notice required or permitted under this agreement shall be in writing and band delivered or mailed, postage prepaid,to the other party by certified mail, returned receipt requested,to the following: To the County; Roman Gastesi,Monroe County Administrator Monroe County Attorney's Office 1100 Simonton Street and I I I I 121'Street,Suite 408 Key West,Florida 33040 Key West,Florida 33040 2 ........... To the Contractor: HRTM Consulting 676 Franklin Blvd Somerset,NJ 08873 Attn: Carlton M Section 7. PUBLIC RECORDS COMIPLIANCE Contractor 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 Contractor 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 Contractor in conjunction with this contract and related to contract performarim The County shall have the right to unilateraNy cancel this contract on violation of Us provision by the Contractor. Failure of the Contractor to abide by the to of this provision shall be deemed a material breach of this contract and the County may enforce the to 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. Ttds provision shall survive any termination or expiration of the contract. The Contractor is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. Contractor shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Each party to this Agreement and their authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records and auditing purposes during the to of the Agreement and for five (5) years following the termination of this Agreement. If an auditor employed by the County or Clerk determines that monies paid to Contractor pursuant to this Agreement were spent for purposcs not authorized by this Agreement,the Contractor shall repay the monies together with interested calculated pursuant to Section 55.03 the Florida Statutes, running from the date the monies were paid to Contractor. Pursuant to F.S. 119.0701,Contractor and its subcontractors shall comply with all public records laws of the State of Florida,including but not limited to: a. Keep and maintain public records required by Monroe County in order to perform the service. b. Upon request from the public agency's custodian of public records,provide the public agency 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 Florida Statutes, Chapter 119 or as otherwise provided by law. c. 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 to and following completion of the contract if the contractor does not transfer the records to the public agency. 3 d, Upon completion of the contract,transfer,at no cost,to Monroe County all public records in possession of the contractor or keep and maintain public records required y the public agency to perform the service. If the contractor transfers all public records to the public agency upon completion of the contract, the contractor shall destroy any duplicate public records that are exempt or confidential exempt from public records disclosure requirements. If the contractor keeps and maintains public records n completion of the contract,the contractor shall meet all applicable requirements for reudning public records. All records stored electronically must be provided to Monroe County, upon request from the publicagency's custodian of records, in a format that is compatible with the information technology systems of Monroe County. If the contractor does not comply with e Co ty's request for records,the County shall enforce the public records contract provisions in accordance with the contract notwithstanding e Co ty's option and right to unflaterally cancel this contract upon violation of this provision by the Contractor. A Contractor 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 Section 119.10,Florida Statutes. Contractor 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 CONTRACTOR HAS QUESTIONSII CHAPTER 11 , FLORIDA STATUTES, 'S DUTY TO PROVIDE PUBLIC RECORDS RELATING , CONTACT THE CUSTODIAN U IC RECORDS, BRIAN BRADLEY, AT (3 ) 2- 7 , l - b clo Monroe County Attorney's Office, 1111 12tb St.,Suite 408, Key West FL 340. Section S SUBJECT COUNTY ORDINANCE .00 AND 020-10 e Contractor warrants that it has not employed, retained or otherwise had act on its behalf y former County officer or employee subject to the prohibition of Section 2 of Ordinance No.. 0 10-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 020- 1990. For breach or violation of this provision the County may, in its discretion, terminate this agreement without liability and may also, in its discretion, deduct from the agreement or purchase price, or otherwise mover the full amount of any fee, co ission, percentage, gift, or consideration paid to the former County officer or employee. Section 9.CONVICTED VENDOR y signing this agreement, Contractor represents that the execution of this Agreement will not violate the Public Entities Crime Act(Section 27.133,Florida Statutes).Violation of this section shall result in termination of this Agreement and recovery of all monies paid hereto, and may result in debarment from Co ty's competitive procurement activities. 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 an Agreement with a public entity for the construction or repair of a public building or public work, may not perform work as a Contractor, supplier, subcontractor, or Contractor under Agreement with any public entity, d may not transact business with any public entity in excess of the threshold amount 4 provided in Section 287.017 of the Florida Statutes,for the Category Two fora period of 36 months from the date of being placed on the convicted vendor list. Section 10.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. In the event that any cause of action or administrative proceeding is instituted for the enforcement,or interpretation of this Agreement,the County and Contractor agree that venue shall lie in the appropriate court or before the appropriate administrative body in Monroe County,Florida. Section 11. SEVERABrLflrY If any term,covenant, condition or provision of this Agreement(or the application thereof to any circumstance or person) shall be declared invalid or unenforcmble to any extent by a court of competent jurisdiction,the remaining terms, covenants,conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement sh&H be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement.The County and Contractor 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. Section 12.ATTORNEY'S FEES AND COSTS The County and Contractor agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement,the prevailing party shall be entitled to reasonable attorneys fees,and court costs, as an award against the non-prevailing party. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the Circuit Court of Monroe County. Section 13.BINDING EFFECT The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the County and Contractor and their respective legal representatives,successors, and assigns. Section 14. AUTHORITY Each party represents and warrants to the other that the execution, delivery and perfon-nance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. Section 15.ADJUDICATION OF DISPUTES OR DISAGREEMENTS County and Contractor 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 no resolution can be agreed upon within 30 days after the first meet and confer session,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 shall not be subject to arbitration. Section 16.COOPERATION 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 Contractor agree toparticipate, 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 Contractor specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. Section 17.NONDISCRIMNATION The parties agree that the 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 out any further action on the part of any party,eflective the date ofthe court order. The parties agree to comply withal I Federal and Florida statutes,and all local ordinances, as applicable,relating to nondiscrimination.These include but are not limited to: 1) Title V11 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 discrin-driation 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 ofl 970(PL 91616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of1912,§§523 azid,527 (42 USC§§ 690ddl and 290ee-3),as arnendcd, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC. ff 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 ff 12101), as amended from time to time, relating to nondiscrimination in employment on the basis of disability; 10)Monroe County Code Chapter 14, Article 11, which prohibits discrimination on the basis of race,color, sex, religion,national origin,ancestry, sexual orientation, gender identity or expression,familial status or age;and 11)any other nondiscrimination provisions in any federal or state statutes which may apply to the parties to,or the subject matter of,this Agreement. Section 18. COVENANT OF NO INTEREST County and Contractor 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. 6 Section 19.CODE OF ETHICS The parties understand that officers and employees of the County are 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 certaininformation. Section 20.NO SOLICITATION/PAYMEENT The County and Contractor warrant that,in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person,company,corporation,individual,or firm, other than a bona fide employee working solely for it,any fee, commission,percentage,gift,or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation ofthe,provision,the Contractor agrees thatthe County shall have the rightto 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. Section 21.NON-WAIVER OF UMMUNITY Notwithstanding the provisions of See.768.28,Florida Statutes,the participation of the County and the Contractor 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 Agreement entered into by the County be required to contain any provision for waiver. Section 22.PRIVILEGES AND IMMUNITIES All of theprivileges and immunities from liability,exemptions from laws,ordinances,and rules and pensions and relief,disability,workers'compensation,and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the County, when performing their respective functions under this Agreement within the territorial limits of the County shall apply to the same degree and extent to the performance of such functions and duties of such officers,agents,volunteers,or employees outside the territorial limits of the County. Section 23.LEGAL OBLIGATIONS AND RESPONSIBILUIES Non-Delegation ofConstitutional 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,inwhichcase the performance may be offered in satisfaction ofthe obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the County,except to the extent permitted by the Florida constitution, state statute,and case law. Section 24.NON-REL)[ANCE BYNON-PARTIES No person or entity shall be entitled to rely upon the terms,or any of them, of this Agreement to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or program contemplated hereunder,and the County and the Contractor agree that neither the County northe Contactor or any agent,officer,or employee ofeither shall have the authority to inform, .............. .................... ............. counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. Section 25.ATTESTATIONS Contractor agrees to execute such documents as the County may reasonably require, including, but not being limited to,a Public Entity Crime Statement, an Ethics Statement, and a Drug-Free Workplace Statement,and Non-Collusion Agreement. Section 26.NO PERSONAL LIABILITY No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of County in his or her individual capacity, and no member, officer,agent ore loyee of County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of thisAgreement. Section 27.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. Section 28. SECTION HEADINGS Section headings have been inserted in this Agreement as a matter of convenience of reference only,and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. Section 29. INSURANCE POLICIES 29.1 General Insurance Requirements for Other Contractors and Subcontractors. As a pre-requisite of the work governed, the Contractor shall obtain, at his/her own expense, insurance as specified in any attached schedules, which are made part of this contract. The Contractor will ensure that the insurance obtained will extend protection -to all Subcontractors engaged by the Contmctor As an alternative, the Contractor may require all Subcontractors to obtain insurance consistent with the attached schedules;however,Contractor is solely responsible to ensure that said insurance is obtained and shall submit proof of insurance to County. Failure to provide proof of insurance shall be grounds for termination of this Agreement. The Contractor will not be permitted to commence work governed by this contract until satisfactory evidence of the required insurance has been furnished to the County asspecified below.Delays in the commencement of work,resulting from the fa'lure of the Contactor to provide satisfactory evidence of the required insurance,shall not extend deadlines specified in this contract and any penalties and failure to perform assessments shall be imposed as if the work commenced on the specified to and time,except for the Contractor's failure to provide satisfactory evidence. The Contractor shall maintain the required insurance throughout the entire to of this contract and any extensions specified in the attached schedules.Failure to comply with this provision may result in the immediate suspension of all work until the required insurance has been reinstated or replaced and/or termination of this Agreement and for damages to the County. Delays in the completion of work resulting from the failure of the Contractor to maintain the required insurance ............ ................ shall not extend deadlines specified in this contract and any penalties and fifflure to perform assessments shall be imposed as if the work had not been suspend except for the Contractor's failure to maintain the required insurance. 1. The Contractor shall provide, to the County, as satisfactory evidence of the required insurance,either: • Certificate of Insurance or • A certified copy of the actual insurance policy. The County, at its sole option, has the right to request a certified copy of any or all insurance policies required by this contract. All insurance policies must spec4 that they are not subject to cancellation,non-renewal,material change, or reduction in coverage unless a minimum of thirty (30)days prior notification is given to the County by the insurer. Tlie acceptance and/or approval of the Contractors insurance shall not be construed as relieving the Contractor: from any liability or obligation assumed under this contract or imposed by law. The Monroe County Board of County Commissioners,its employees and officials will be included as "Additional Insured" on all policies, except for Workers' Compensation and Professional Liability. 29.2 Insurance Requirements For Contract Between County And Contractor Policies shall be written by companies licensed to do business in the State of Florida and having an agent for service of process in the State of Florida. All insurance companies shall have an A.M. Best rating of A- or better. The required insurance shall be maintained at all times while Contractor is providing service to County. Workers'Compensation Statutory Limits Employers Liability Insurance Professional Liability $500,000 per Occurrence $1.000,000 Aggregate Section 30.Indemnification,Defend,Hold Harmless The Contactor does hereby consent and agree to indemnify,defend and hold harmless the County,its Mayor,the Board of County Commissioners,appointed Boards and Commissions, Officers, and the Employees,and any other agents,individually and collectively,from all fines, suits,claims,demands, actions,costs,obligations,attorney's fees.or liability of any kind arising out of the sole negligent actions of the Contract or substantial and unnecessary delay caused by the willful nonperformance of the Contractor and shall be solely responsible for any and all 9 .................................................................. accidents or injuries to persons or property arising out of its performance of this contract. The amount and type of insurance coverage requirements set forth hereunder shall in no way be construed as limiting the scope of indemnity set forth in this paragraph. Further the Contractor agrees to defend and pay all legal costs of the County for claims or acts attributable to the sole negligent act of the Contractor or any of the Contractor's employees or representatives. At all times and for all purposes hereunder,the Contractor is an independent contractor and not an employee of the Board of County Commissioners.No statement contained in this agreement shall be construed so as to find the Contractor or any of his/her employees,contractors, servants or agents to be employees of the Board of County Commissioners for Monroe County. As an independent contractor the Contractor shall provide independent,professional,judgment and comply with all federal,state,and local statutes,ordinances,rules and regulations applicable to the services to be provided. THE REMAINDER OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK. l IN WITNESS WHEREOF,the parties hereto have caused these presents to be executed on the-1 Oth day of_Mpy 2023. ON BEHALF OF MONROE COUNTY AWowd as to form md k-W B ,�4 05.10.2023 Mwoe Coorey Ammy's Ofte Ong=Cory Asustaid Comfy Aftmey Roman Gastesi, inistrator Date:416/23 STATE OF COUNTY OF Swom to(or affirmed)and subscribed before me this day of 2023,by .Personally Known—OR Produced Identification— Type of Identification Produced (Signature of Notary Public- State of Florida) (Prim,Type,or Stamp Commissioned Name of Notary Public) HRTM CONSULTING Title-, 0 STATE OF COUNTY OF Swom to or affimed)and subscribed before me this ?A day of 2023,by .-Personally,Known ---OR Produced Identification V" Type of Identification Producedh23__DA ."Signature of Notary Public- State of Florida) (Print,Type,or Stamp Commissioned Name of Notary Public) My Conunission Expires: TYRONE B. SHORTER COMMINS160#50049757 Note Public,slate of Now jersev carnmisslaft Expires October 31,2026 TASK ORDER THREE FOR BIDDING CONFIGURATION WORK BETWEEN MONROE COUNTY, FLORIDA AND HRTM CONSULTING in accordance with the Professional Services Agreement made and entered on the 28 day of March. 2023 ("AgE22MIknt")") by and between Monroe County hereinafter referred to as the and HRTM Consulting hereinafter referred to as"Consultant". All terms and conditions of the referenced Agreement apply to the Task Order, unless the Task Order modifies an Article of the Contract of which will be specifically referenced in this Task Order and the modification shall be precisely described. County has requested bidding configuration work for our TeleStaff environment. Bidding configuration is configuring the bidding part of the application to automate the bidding shifts and vacation throughout the organization based upon the rules of the department. • Consultant is tasked with performing the following TeleStaff services In accordance with the Exhibit to the Agreement,Scope of Work and Pricing; • Consultant will work with County to review rules, current set up and implement changes and training for this functionality. • Configuration is 25 hours. • The tasks above shall be performed in accordance with Section 1 of the Agreement. • This Task Order shall be effective as of March 28, 2023 and shall remain in effect until such services are no longer required, • The Task Order is not to exceed the estimated cost for the Optimization Services based upon the pricing as set forth in Exhibit A-Scope of Work and Pricing to the Agreement dated March F"ira'esgilcun„u1';"»vm %ices;,¢, eciineni N usk Ordcr"r%o f)aaea . IN WITNESS WHEREOF, each party caused the Task Order to be executed by its duly authorized representative- MONROE COUNTY HRTM CONSULTING By: By: County Administrator CEO Title Title Appm"d w w mm"'Comsy oluk""'s Offin,v cbmimm cwy hsgf�tw f'4wj'JILU..T Oat&4IN23 Scii vickes Agrelemicull'rmii�Oii dcr h%o 1.)a1ed 4? Human Resources Time Management 100 West Street 732-447-5724 Belle Mead, New Jersey 08502 United States HRTM kEPNSULTING (; I, Prepared For Proposal Date Proposal Number Monroe County 01/03/2023 0000306 County Administrator 490 83rd Street,Ocean, Suite 140 Marathon, Florida 33050 United States Scope of Work Monroe County has requested bidding configuration work for TeleStaff environment. Bidding configuration, configure the bidding part of the application to automate the bidding for shifts and vacation throughout the organization based upon the rules of the department. Consultant Mark Cirillo will work with department to review rules, current set up and implement changes and training for this, Pricing Description Rate Qty Line Total TeleStaff Configuration14 . 3, 0 Bidding Subtotal 3,500.00 Tax 0.00 Proposal Total (USD) $3,500.00 Terms t 30 days HRTM bills for hours used andi- l 05.10.2023 ...... Monroe County, ..................................................... -—---------------------County Administrator TASK ORDER TWO FOR OPTIMIZATION SERVICES BETWEEN MONROE COUNTY,FLORIDA AND HRTM CONSULTING in accordance with the Professional Services Agreement made and entered on the ' 28 day of March. 2023 ('Agreement') by and between Monroe County hereinafter referred to as the and HRTM Consulting hereinafter referred to as"Consultant". All terms and conditions of the referenced Agreement apply to the Task Order, unless the Task Order modifies an Article of the Contract of which will be specifically referenced in this Task Order and the modification shall be precisely described, County has requested Optimization services for our TeleStaff environment. Fill By Rules provides an automated list of qualified candidates for the purpose of manual staffing. Variable levels of automation are available using Fill By Rules,Outbound,Auto-Hire,and Auto-Assign. • Consultant is tasked with performing the following TeleStaff services in accordance with the Exhibit to the Agreement,Scope of Work and Pricing: • Consultant will go through all of the rules and clean out any that are no longer being used or pertinent, Further,Consultant will firm up some of the current ones and configure new ones to maximize all the fill by rules to adhere to current business rules. In the initial review of the rules and list, there are numerous ones that are repetitive or need to be reconfigured. • Optimization is 50 hours. • The tasks above shall be performed in accordance with Section 1 of the Agreement. This Task Order shall be effective as of March 28,2023 and shall remain in effect until such services are no longer required. • The Task Order is not to exceed the estimated cost for the Optimization Services based upon the pricing as set forth in Exhibit A Scope of Work and Pricing to the Agreement dated March 28.2023, Pruf'�ssioinal c�wlb¢.,s ;�u :unror: it"IC"¢agile, ..pug:�s°u° arn IN WITNESS WHEREOF, each party caused the Task Order to be executed by its duly authorized representative. MONROE COUNTY HRTM CONSULTING By: BY!�.......................................................................................... County Administrator CEO Title Title WJA Ao��In q ad*w ftfAwV Z"w C�wr Amww%Q&* CbW=Cwy,AAmw Coal Aftowy Pircidinsimm,all'iell ices Agreement Task Q I T 311,N ;AA3 .................. Human Resources Time Management 100 West Street 732-447-5724 Belle Mead,New Jersey 08502 United States HRTM k:E�ONSUL1(11 III Prepared For Proposal Date Proposal Number Monroe County 01/03/2023 0000307 County Administrator 0 83rd Street, Ocean, Suite 10 Marathon, Florida 05 United States Scope of Work Monroe County has requested Optimization services for their TeleStaff environment. Fill By Rules provides an automated list of qualified candidates for the purpose of manual staffing. Variable levels of automation are available using Fill By Rules, Outbound, Auto-Hire, and Auto-Assign. Fill By Rules&Optimization: We will go through all of the rules and clean out any that are no longer being used or pertinent. We will firm up some of the current ones and configure new ones to m ize all the fill by rules to adhere to current business rules. In the initial review of the rules and list there are numerous ones that are repetitive or need to be reconfigured. Pricing Description Rate Qty Line Total TeleStaff Consultant $140.00 50 $7,000.00 Opt izstion Subtotal.. 7,000,00 Tax 0.00 Proposal Total(USD) $7,000.00 Terms Net 30 days HUM bills for hours used and bi-weekly ;, .. 05.10.2023 Monroe County, County Administrator TASK ORDER ONE FOR ONSITE TRAINING BETWEEN MONROE COUNTY, FLORIDA AND HRTM CONSULTING In accordance with the Professional Services Agreement made and entered on the ' 28 day of _MAML2QZLiiQMffafflQ by and between Monroe County hereinafter referred to as the and HRTM Consulting hereinafter referred to as"Consultant". All terms and conditions of the referenced Agreement apply to the Task Order, unless the Task Order modifies an Article of the Contract of which will be specifically referenced in this Task Order and the modification shall be precisely described. • Consultant is tasked with performing the following additional TeleStaff services in accordance with the Exhibit to the Agreement,Scope of Work and Pricing: * Areas of training including the following: • Admin and system admin training • Job assignments • Building profiles to include certifications,skills,etc. • Adding a new employee • Making an old employee inactive • Accruals and la ins • Best practices * HRTM will provide training for all levels of the management and administrator of TeleStaff. Currently the subject matter expert of TeleStaff required. HRTM will bring the administrators taking over those responsibilities up to speed with the configuration and how to maintain the application. * Onsite time will be utilized for in person training through each of the above sections. * Training:32 hours * Onsite.onsitedk,oringeach phase 2 days each time 8 haii.h i's per day,plus expenses. • The tasks above shall be performed in accordance with Section 1 of the Agreement. • This Task Order shall be effective as of March 28, 2023 and shall remain in effect until such services are no longer required, • The Task Order is not to exceed the estimated cost for the Onsite Training based upon the pricing as set forth in Exhibit A-Scope of Work and Pricing to the Agreement dated March 28,2023. Ser%Gcies AgrecukemCFask,Ordicir Ovic Elated IN WITNESS WHEREOF, each party caused the Task Order to be executed by its duly authorized representative. MONROE COUNTY HRTM CONSULTING ° _. ... T County Administrator �'� Tutle T'll d B Date VC23 Prr?,Ilrusskimia9'sevvic^s %u irew:imicint, �� �ualli m Oinc, Human Resources Time Management 100 West Street 732.447-5724 Belle Mead, New Jersey 08502 United States (HRTM ktEONSULTING iio Prepared For Proposal ©ate Proposal Number Monroe County 12/09/2022 0000301 County Administrator 490 83rd Street, Ocean, Suite 140 Marathon, Florida 33050 United States Scope of Work Monroe County has requested additional TeleStaff Services. Afeas of traininginclude llo in : -Admin and system itraining assignments -Building r l to include certifications, skills, etc. -Adding a new employee -Makingold employeeinactive -Accruals leggings -Best practices We ill provide training for all levels of the management and administrator of TeleStaff, Currently the subject matter expert of TeleStaffretired n will bring the administratorstaking y r those responsibilities up to speed,oAth the configurationn o to maintain the application. Onsite time ill be utilized or in persontraining through eachof the abovesections. Training: ours n it : onsite duringphase-2 daysc i hours per day plus expenses. Pricing Description t Line Total TeleStaff Consultant $140,00 32 $4,480.00 Training -11---I. ............. ............I...............................................................................................................................................-,- Onsite Travel Expenses $1.500.00 1 $1,500.00 Estimate(could be more or less)for travel food,flight,transportatton, time Subtotal 5.980.00 Tax 0.00 Proposal Total(USD) $5,980.00 Terms Net 30 days HRTM bills for hours used and bi-weekly 05.10.2023 Monroe County, County Administrator ATTACHMENT D.8 .A person or affiliates been placed on the convicted vendor list following a convi 'on for public entity of submit a bid, proposal,or reply on a contractto provide any goods or services to public entity,may not submit a bid,proposal,or reply on a contract withpublic entity for the construction r repair of a public building or public work, may not submit bids on leases of real property to a public entity, y not be awardedor perform work as a CONTRACTOR,supplier,subcontractor, r consultant under a contract with any public entity,and may not transact businessi npublic entity In f the threshold in Section287.017, Florida Statute,for T for a period of 96 months from the date of being placedI liste4 ® r .. I have r o 'state r (Respondents nor any Affiliate n placed an the convicted vendor list within the lastmonths. 00 ( i t Date: SubscribedSTATE OF. n to ( r s before em by means of physical presence r D online notarization, an / at y ( s f n ). HelShe is personally to me or hw-, produced ifi tin s identification. TYRQ 1° UBLIC Commission 500�9T67 Not y Publlo6 Stale of Now Jora Y Y Commis i n I KPIfoa y Commission Expires: October Page of 106 MGnroe County Purchasing Policy and Procedures ATTACHMENT D.9 SWORN STATEMENT UNDER ORDINANCE NO.010-1 90 COUNTY,MONROE FLORIDA ETHICS s (Company) n—warrants that heAt has not employed, retainedor otherwise had act on hwher behalf any former County officer or employee In violation of Section f Ordinance No.010-19 0 or any County officeror employee in violation f Section 3 of Ordinance No. 010-1990. For breach or violation of this prevision the County ®In Its discretion,terminate thls Agreement without liability and may also,in Its discretion, deduct from the Agreement or purchase rl , or otherwise recover, the full amount of any fee, commission, percentage, I , or consideration paid to the former County officer or employee." ." rrtu } Date: STATE OF: COUNTY OF: Subscribed and sworn to(or affirmed) before use, by means of 91physical presence or 0 online notarization, on lr (dater)by y � ' (nano of ant), he/she Is personally own to me or has pre u t �t ._(type of identification) Identification, Commission 04 TER TYRONE 8, Srte 876 NONI PUblisa taloor Now Jprsf M Commission Expirss PUBLIC October 1.202E y Commission Expires: Page 90 of 106 Monroe County Purchasing PaUcy and Procedures The undersigned vendor in accordanceFloridaion 287.087 hereby certifies ( Business) Publish statement noUlying employeesthat the unlawful manufacture, distribution, dispensing, possession, r use of a controlledn Is prohibited in Ispecifying actions that will be taken against employees forviolations of such I iti ° 2. Inform employees about the dangers of drug abuse n the workplace, t iness' policy o maintaining a drfr Iace, any available drug counseling, rehabilitation, assistance programs, the penaltiesy be Imposed upon employeesr drug abuse violations. employee3. Give each n n providing the commoditiesr contractual services that are under bid a copy of the statementspecifiedIn u ( )° 4. In nt specified In (1), notify the employeest.as a conditionof working an the commodities r contractual servicest are under bid, t ill abide terms n will noWy the employer of any conviction of, or plea of gulftyr n to contenders to, any violation of Chapt r (Floridato )or of any controlledlaw f the Unitedt r any state,for a violation c n In I no later than five( ) conviction.days after such 5. Impose a sanction on, or require the satisfactoryparticipation ssist r rehabilitation program If such Is it l in the employee'scommunity,or any employeeIs so convicted. & Make a good faith effort to continueto maintainm rk ! through Implementation of this i As the person authorizedto sign the statement, I certify that this firm complies fully with the above requirements. �hz-� ( intr ) Date: STATE OF. Lt� 4 . Subscribed n am to (or r ) before me, by means of 5Y physical presence or 0 online notarization, on 9°- (date) n e t ( Merit). FiefShe Fief is personally knowno me or has producedi icy (ty f °fi tin)as Identification. ET mle.BIG li� ONE B.ssion blic,Stag pl New Jars Y ob sS1 . .._.. ......mm. mm.... .........r Revised 117 2 Page 92 f 106, ° Monroe County Purchasing Policy and Procedures ATTACHKENT D.12 111 r1in L llti 11h IN Project Description(s): .................... Respondent Vendor Nnne: ................ ..................... Vendor FEIK- —'I'LOZ--� 2.(Yum-u Vendor's Authorized Representative Name and Title: .................... i ---------- C tatell A-$V zp:ty- ................................ i Phone Number- ell( Email Addres& ................0 -—---------.................................. .......................... Section 281.135,Florida Statutes prohibits a company from bidding on,'s7b;i�t'mg a proposal for,or entering into or renewing a contract for goods or services of any amolixt if,at the time of contracting or renewal,the company is on the Scrutinized Companies that Boycott Israel List,created pursuant to Section 215.4725, Florida Statutes, or is engaged in a Boycott of Israel.Section 287.135,Florida Statutes,also prohibits a company from bidding on, submitting a proposal for,or entering into or renewing a contract for goods or services of S 1,000,000 or more,that are an either the Scrutinized Companic3 with Activities in Sudan List or the Scrutinized Companies with Activities in the Irun Petroleum Energy Sector Lids which were created pursuant to a.215,473,Florida Statutes,or is engaged in business operations in Cuba or Syria, As the person authorized to sign on behalf of Respondent, I hereby certify that the company identified above in the Section entitled"Respondent Vendor Name"is not listed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel and for Projects of S 1,000,000 or more is not listed on either the Scrutinized Companies with Activities in Sudan List,the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List,or engaged in business operations in Cuba or Syria. I understand that pursuant to Section 287.135,Florida Statutes,the submission of a false certification may subject company to civil penalties,attorney's fees, and/or costs. I flifther tinderstand that any contract with the County may be terminated,at the option of the County,if the company is found to have submitted a false certification or has been placed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel or placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activitie's in the Iran Perroleum.!�M,S rsat or bFT,!Ma in bus ..........in Cuba or§rj�. C who is authorized to sign e;afl............. on behalf of the above referenced company. Authorized Signature: 1 6 Print Name:-. _ ,,' Title: Note- The List are available at the following Department of Management Services Site: &I—.41sed PIQLIC-1 I/i—812ON Pagii-;93 of'106 H w•„i ymlllllllllllllll�µ, I „ IFICAT E OF LIABILITYINSURANCE j.!I412022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIPICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER($), AUTHORIZED REPRESENTATNE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED.the policy(les)must have ADDITIONAL INSURED provlslons or endorsed. If SUBROGATION IS WAIVED,Subject to the terms and condition*of the policy,certain policies may require an endorsement. A statement on this certificate does not conf®r r1 h to the Certificate holder in lieu of such and err�nll s. PRODUCER ........................................................................................... E .� _,,,.,..,..................................................... Hiscox Inc Hm i )202-3407 A......" B Concourse Parkway 9 k L Contact h1scox c Suite2150 ..A...Rll,1, :!.......... .—..__...................:.....°m......................... Atlanta GA.30328 ................... RISY I ta,I,A gopDu c coveRAOE NAIC9 ............................... IUHIeURER A: Hlscox Insurance Company Inc 10200 .................................................................... INSURED INbu a: Hurnan Resource''i°me Management ........................................................................._..._ 2137 Humphrey Street 100E IRU4 C, ............... ... .... .......................................... East Elmhurst,NY 11369 UIIaUIRER,Hb C INSURER E: .. ..... _,,........................................... INS RE a COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE P()LICIElr OF IN'91lRANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REC,IWREME.NT„TERM OR CAND1T0N OF ANY CONTRACT(:)Ft OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSI„9RANICE AFFORDED BY THE PCXJCIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS„ EXCLUSIONS AND CONDITIONS OF,�-.WC'H POLICIIE:S.'iLIMITS SHOWN MAY HAVE.BEEN REDI,ICED BY PAID CLAIMS. R ..__. I'°i111iL ,,,,,,,,,,...,,,,,,._....................,..... kl,.l Flu "11 Ir TYPS OF INEURANC6 P�YI'ay IIIU ERLIMITS hMMIM Amu COMMERCIAL.GENERAL LIABILITY EACH OCCURRENCE S EH ...... 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AC(::1rtD 25(20111, 09) "The ACORID rmarne and Imi ,o.are regll'Iltered rnadw 0 ACCORD 2018 ftfion MONROE COUNTY,FLORIDA REQUEST FOR WAIVER OF INSURANCE REQUMEMENTS It is aquested tbat the insurance requimments,as specified in the County's Schedule of knurance Requirements,be waived or modified on the following contract. CoutnictorNmdor. HRTM Consulting Project or Savice. Support for Telestaff Contoctaq/Vendor 100 West Street Belle Mead,NJ 08502 Address&Phwe N.- 732-447-5424 l Multiple TeleStaff services-training,optimization and configuration Genera Scope of Work- .................... ............... .......... Room for Waiver or Exception for one million in professional llabilit�insurance ............ .................. Modification: . .... ........... .......... ............ Policia Waiver or Modification will Wly to: Sivmture of Coutud orNradov.., (,ad6h bhamet-V .................. Data 2J15123 ApprovrA Not Apiwoved Risk Pdangement Signature.................. Counily AdWanistralor appeal-. Approved: Not Approved,, Date- Bwd of County Corrmiissioners appeal Approve-4 ltrylot Approved. meating Dam: Adialinalrdivc Instruction 750D.7 104 2018 Rd" MONROE COUM,FLOREDA REQUEST FOR WAIVER OF INSURANCE REQUMEMIENTS It is requested Ut the insurance requirements,as specified in the County's Schedule of Insurance Requiranents,be waived or modified on the h1lowing contract. CoutractorNandor HRTM Consulting Project or Service: Suppod for Telestaff Contractor/Vendor 100 West Street Belle Mead,NJ 08502 Address&Phone P� 732-447-5424 General Scope of Work: Multiple TeleStaff services.training,optimization and configuration .......................... ............. ........... Reason for Waiver or Exception for workers compensation insurance Modificadow. Policies Walver or Modification Wdl spply ko: Contract in lace sipature omcatmcworNecdor, cad6 bhorrat�-V, Date: 2/21;23 Approved Not Approved .............. Risk Management Signature- Dawc-__ZL21LD County Administrator appeal.- Approved, Not Approved, Date:. ................................................................. Board of County Comrnhisioncrs appe caul. Approved: Not Approved. .......... macs ng Daw Adminuitnitive ins trucUon.7500.7 144