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Item C39BOARD OF COUNTY COMMISSIONERS Meeting Date: April 15, 2009 Bulk Item: Yes X No AGENDA ITEM SUMMARY Division: Budget and Finance Department: Purchasing AGENDA ITEM WORDING: Approval to amend the existing contract with Buccaneer Courier to add 2 additional courier stops at the request of the Monroe Couft Health Department. ITEM BACKGROUND: The Health Department has requested additional courier stops daily for the Roth Buildings in Tavernier and the Ruth Ivins Clinic in Marathon (see letter attached) PREVIOUS REVELANT BOCC ACTION: N/A CONTRACTIAGREEMENT CHANGES: Yes, additional courier stops. STAFF RECOMMENDATIONS: Approve - TOTAL COST: $11,400.00 ear year will Pay) (Full contract amount is $77,520.00 BUDGETED: Yes No (Health Department COST TO COUNTY: $0.00 CgpMs Contract Portion Remains Unchanged REVENUE PRODUCING: Yes No X AMOUNT PER MONTH Year APPROVED BY: County Ant DIVISION DIRECTOR APPROVAL: DOCUMENTATION: DISPOSITION: Revised 2/27/01 OMB/Purchasing Risk Management�C�— Debbie Fredricks Included X To Follow_ Not Required AGENDA ITEM # MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Buccanner Courier Contract # Effective Date: 4/16/2009 Expiration Date: 3/15/2011 Contract Purpose/Description: Approval to amend the existing contract with Buccaneer Courier to add 2 addt: onal couri at the request of the Monroe County Health Department. Contract Manager: Carlos Victores x4466 Purchasing/Stop #1 (Name) (Ext.) (Department/Stop #) for BOCC meeting on 4/15/2009 Agenda Deadline: 3/31/2009 CONTRACT COSTS Total Dollar Value of Contract: $ $ 72,960.00 Current Year Portion: $ $36.480.00 Budgeted? Yeses No ❑ Account Codes: 001-06030-530340_ - - Grant. $ - - County Match: $ * State funds/Health Deft. pay $ 11,400.00 Of total cost per year: ( $ 190.00 per stop x 3 Stops ner month = $ 950.00 per mo x 12 mos. ADDITIONAL COSTS Estimated Ongoing Costs: $ /yr For: (Not included m dollar vatue above) (eg maintenance, utilities, janitorial, salaries, etc. CONTRACT REVIEW Changes Date In Needed Division Director � /-Uq YesO NoEg---,' Risk Management YesQ Nop/ Pam. O.M.B_/Purchasing YesQ No[ v� i County• • l .. IA %n,n • Comments: OMB Form Revised 2/27101 MCP #2 Date Out r stops COURIER SERVICE AGREEMENT ADDENDUM NO. I AND AMENDMENT THIS AMENDMENT is entered into this 16'h day of ApriL2009, between the Monroe County Board of County Commissioners ( COUNTY) and Buccaneer Courier ( BUCCANEER ) in order to amend that certain agreement between the parties dated January 28, 2009 as follows: 1. Additional courier stops for the Health Department in Marathon and Tavernier. 2. Two additional delivery and pick-up at the Ruth Ivins Clinic in Marathon and the Roth Building in Tavernier on the evening county mail run, Monday through Friday, on days of county operation only for the sum of $ 380.00 per month. The Health Department will pay for the additional stops. This change will increase the number of stops for the Health Dept. from 3 to 5 monthly stops at a cost of $ 950.00 per month. In all other respects, the Agreement entered January 28, 2009, shall remain in full Force and effect. IN WITNESS WHEREOF, the parties have caused these presents to be executed in their respective names. Attest: By: _ BOARD OF COUNTY COMMISSIOERS OF MONROE COUNTY, FLORMA Deputy Clerk A Mayor George Neugent MONROE COUNTY ATTORNEY PPROV D AS TO FORM: m:, Dil4JL ATdad CHRIS7INE M. LIMBERT-BARROWS ASSISTANT COUNTY ATTORNEY Date 1146 Victores-Carlos From: Aundria VenBourgondien@doh.state.fl.us Sent: Friday, March 20, 2009 8:17 AM To: Victores-Carlos Subject: Courier Good Morning, The MCHD would like to add two stops to the courier contract. We will have lock boxes at the following two locations: • Roth Building - 50 High Point Rd, Tavernier • Ruth Ivins Clinic - 3333 Overseas Hwy, Marathon Please let me know what other information you may need from me in order to have this request placed on the next BOCC agenda. Thanks, 5unntj VangourgonJicn Monroe County Health Department Contract Administrator Gato Building 1100 Simonton Street Key West, Florida 33041 305 293-7545 Telephone 305-849-7167 Cellular 305-292-6872 Fax 3/20/2009 =Tley r7 CQUF two t logo P L EXHIBIT A (34 Courier Stops) i forgot the stop number... Monroe County Courier Service Stops j STOP #1 The Historic Gato Cigar Factory 1100 Simonton Street The Mail Room Key West, Florida 33040 OUT TO KEY WEST 10:45 AM and 2:30 PM OUT TO KEYS NORTH 5:00 PM from Keys North to Key West 8:00 AM STOP #2. Monroe County Health Dept. The Historic Gato Cigar Factory 1100 Simonton Street, V Floor Key West, Florida 33040 STOP #2 A Monroe County Health Care Center (Depoo Hospital) Kennedy Drive Key West, Florida 33040 CAD County Administrator SAF Safety Office ART Monroe Council of the Arts GRP Group Insurance WKC Workers Compensation PER Personnel Office OMB Budget Office PUR Purchasing Office GRT Grants Office CDF Code Enforcement CSD Community Service Division EXS Extension Services SSD Social Services Dept. PWD Public Works Division CMD Construction Management ENG Engineering Department SWM Solid Waste Management ART Monroe Council of the Arts DOH Department Of Health DOH Department Of Health EXHIBIT A (34 Courier Stops) STOP#,.cd B DOH Department Of Health Monroe County Roosevelt Sands Center Olivia Street Key West, Florida 33040 1201 White Street, Suite 102 TDC Tourist Development Council Key West, Florida 33040 STOP #4. 3583 S. Roosevelt Blvd. FMS Fleet Management Service Key West, Florida 33040 PFM Public Facility Maintenance RDS Road Department STOP #51 3491 S. Roosevelt Blvd. APK Airport Director's Office Key West, Florida 33040 STOP #5-B The Harvey Govt. Center TSD located in the Historic Truman Building VAD 1200 Truman Avenue TAX Key West, Florida 33040 LAT STOP #6 Technical Services Dept. Veteran Affairs Dept. Tax Collector, 1" floor Land Authority 700 Fleming Street LIB Key West Library Key West, Florida 33040 EXHIBIT A (34 Courier Stops) 502 Whitehead Street Key West, Florida 33040 sibil a I -- I I Monroe County Courthouse 500 Whitehead Street Key West, Florida 33040 STOP #9 5:10 PM Monroe County Bayshore Manor 5200 College Road Key West, FL 33040 STOP #9 B 5:10 PM Juvenile Justice Building 5503 College Road Key West, FL 33040 STOP #10 5:40 PM Cudjoe Key Transfer Station MM #21.5 Blimp Road Cudjoe Key, Florida 33042 CAY County Attorney RSK Risk Management WIG Commissioner Wigington CAR Commissioner Carruthers CTA Court Administrator CLK Clerk of the Courts PAO Property Appraiser Office FIN Finance Department PAY Payroll Department SOE Supervisor of Elections STA State Attorney SSB Bayshore Manor SHF Sheriff Dept. BLD Building Dept. (RM #2030) NDF New Detention Facility MPC Marine Projects (RM #2024) GAL Guardian Ad Litem PTS Pre -Trail Services HAZ EXHIBIT A (34 Courier Stops) Hazardous Waste Transfer Station STOP #10-A Mast stop on way back) 425 Ships Way Big Pine Key, FL 33043 STOP #10-B 6:00 PM Big Pine Key Library Big Pine Key Shopping Center 213 Key Deer Blvd. Big Pine Key, FL 33043 STOP #11 6:30 PM Monroe County Regional Service Ctr. 2798 Overseas Highway, MM 47.5 (gulf) Marathon, Florida 33050 STOP #12. 6:35 PM Marathon Sheriffs Office 3101 Overseas Highway, MM 48 (ocean) Marathon, Florida 33050 STOP #13, 6:40 PM NUG Commissioner Neugent LIB Big Pine Key Library FIR Big Pine Key Fire Rescue GMD Growth Management BLD Building Dept. PLN Planning Dept. MRD Marine Resources EVR Environmental Resources CDF Code Enforcement PFM Facility Maint. (Bldg. Super.) PAO Property Appraiser Office EXS Extension Service EMC Emergency Communications SHF Sheriffs Department CTH Courthouse TAX Tax Collector CLK Clerk Marathon Library LIB 3251 Overseas Highway, MM 48 (ocean) Marathon, Florida 33050 EXHIBIT A (34 Courier Stops) Marathon Library STOP ## 13A Ruth Ivins Clinic 3333 Overseas Hwy Marathon, Florida. 33050 STOP #14 6:50 PM Marathon Government Annex 490 63rd Street (ocean) Marathon, Florida 33050 STOP #15 7:00 PM Marathon Airport 9000 Overseas Highway, MM 51.5 Marathon, Florida 33050 STOP #16 7:10 PM Marathon Public Works 10600 Aviation Blvd. Marathon, Florida 33050 STOP# 17 7:35 PM Long Key Transfer Station MM 68 U.S. Al (gulf) DOH Department of Health FMD Fire Marshall EMS Emergency Medical Services EMG Emergency Management FRD Fire Rescue SSD Social Services VAD Veteran Affairs TRS Translator SOE Supervisor of Elections APM Airport Manager's Office PSD Public Safety Division Office HRS Health Department RIC Commissioner DiGennaro RDS Road Department PFM Facility Maintenance ENG Engineering FMS Fleet Management Service EXHIBIT A (34 Courier Stops) Transfer Station only Long Key, Florida 33001 f 7:50PM Islamorada Library MM 81.5 U.S. #1 (gulf) Islamorada, Florida 33036 STOP #19, 8:10 PM Plantation Key Public Works PWD 186 Key Heights Dr, MM 88-89 (gulf) EMG Plantation Key, Florida 33070 HMS FMS ENG STOP #20 8:15 PM Ellis Building BLD 88800 Overseas Hwy, MM 88-89 (gulf) TAX Plantation Key, Florida 33070 PAO PLN STOP #21 8:20 PM Plantation Government Center 88820 Overseas Hwy, MM 88-89 (gulf) Plantation Key, Florida 33070 SOE STOP #22 8:35 PM Key Largo Volunteer Ambulance Corp. 98600 Overseas Hwy, MM 98.6 (median) Key Largo, Florida 33037 Islamorada Library Public Works Emergency Management Health Department Fleet Management Service Engineering Building Dept Tax Collector Property Appraiser Office Planning Dept. SSD Social Services VAD Veteran Affairs Supervisor of Elections CDF Code Enforcement CLK Clerk of Court KLV Key Largo Volunteer Amb. UKT Upper Keys Trauma Center CXHIM A (34 Courier Stops) STOP #z.3 8:45 PM Tradewinds Plaza. LIB 101485 Overseas Hwy, MM 101.485 (ocean)TAX Key Largo, Florida 33037 STOP #24 9:00 PM Key Largo Transfer Station 1180 State Road 905 (gulf) Key Largo, Florida 33037 STOP #25 9:15 PM Cardsound Toll Bridge County Road 905A US #AIA STOP #26 9:40 PM Damaron Building 99198 Overseas Id'ighway, Suite R Key Largo, FL 33037 Approx. 11:00 PM STOP # 27 Health Dept. Roth Building 50 High Point Road Tavernier, Florida 33070 CDS MUR EXS DOH EXHIBIT A (34 Courier Stops) Key Largo Library Tax Collector's Office Transfer Station only Card Sound Bridge Commissioner Murphy Extension Service Department of Health w P Courier Stop List EXHIBIT A (32 Courier Stony) I forgot the stop number— Monroe Coun STOP #1 The Historic Gato Cigar Factory 1100 Simonton Street The Mail Room Key West, Florida 33040 OUT TO KEY WEST 10:45 AM and 2:30 PM OUT TO KEYS NORTH 5:00 PM from Keys North to Key West 8:00 AM STOP #2 Monroe County Health Dept. The Historic Gato Cigar Factory 1100 Simonton Street, 1" Floor Key West, Florida 33040 STOP #2 A Monroe County Health Care Center (Depoo Hospital) Kennedy Drive Key West, Florida 33040 Courier Service CAD County Administrator SAF Safety Office ART Monroe Council of the Arts GRP Group Insurance WKC Workers Compensation PER Personnel Office OMB Budget Office PUR Purchasing Office GRT Grants Office CDF Code Enforcement CSD Community Service Division EXS Extension Services SSD Social Services Dept. PWD Public Works Division CMD Construction Management ENG Engineering Department SWM Solid Waste Management ART Monroe Council of the Arts DOH Department Of Health DOH Department Of Health EXRIBIT A (32 Courier Stops) STOP #2 B Monroe County Roosevelt Sands Center Olivia Street Key West, Florida 33040 STOP #3 1201 White Street, Suite 102 Key West, Florida 33040 STOP , #4 3583 S. Roosevelt Blvd. Key West, Florida 33040 STOP #5 3491 S. Roosevelt Blvd. Key West, Florida 33040 STOP #5-B DOH Department Of Health TDC Tourist Development Council FMS Fleet Management Service PFM Public Facility Maintenance RDS Road Department APK Airport Director's Office The Harvey Govt. Center TSD located in the Historic Truman Building VAD 1200 Truman Avenue TAX Key West, Florida 33040 LAT STOP #6 Technical Services Dept. Veteran Affairs Dept. Tax Collector, 1" floor Land Authority 700 Fleming Street LIB Key West Library Key West, Florida 33040 EXHIBIT A (32 Courier Stops) STOP #7 502 Whitehead Street CAY County AttorneyRSK Key West, Florida 33040 WIG Risk Management Commissioner Wigington CAR Commissioner Carruthers STOP #S Monroe County Courthouse 500 Whitehead Street CTA Court Administrator Key West, Florida 33040 CLK PAO Clerk of the Courts Property Appraiser Office FIN Finance Department PAY Payroll Department SOE Supervisor of Elections STA State Attorney STOP #9 5:10 PM Monroe County Bayshore Manor SSB Bayshore Manor 5200 College Road Key West, FL 33040 STOP #9 B SHF Sheriff Dept. p 5:10 PM Juvenile Justice Building BLD NDF Building Dept. (RM #2030) 5503 College Road MPC New Detention Facility Key West, FL 33040 GAL Marine Projects J (#2024) Guardian Ad Litem PTS Pre -Trail Services STOP #10 5:40 PM Cudjoe Key Transfer Station HAZ Hazardous Waste MM #2I.5 Transfer Station Blimp Road Cudjoe Key, Florida 33042 EXHBrr A (32 Courier Stops) STOP #10-A (last stop on way back) #25 Ships Way Big Pine Key, FL 33043 STOP #10-B 6:00 PM Big Pine Key Library Big Pine Key Shopping Center 213 Key Deer Blvd. Big Pine Key, FL 33043 STOP #11 6:30 PM Monroe County Regional Service Ctr. 2798 Overseas Highway, MM 47.5 (gulf) Marathon, Florida 33050 STOP #12 6:35 PM Marathon Sheriffs Office 3101 Overseas Highway, MM 48 (ocean) Marathon, Florida 33050 STOP #13 6:40 PM NUG Commissioner Neugent LIB Big Pine Key Library FIR Big Pine Key Fire Rescue GMD Growth Management BLD Building Dept. PLN Planning Dept. MRD Marine Resources EVR Environmental Resources CDF Code Enforcement PFM Facility Maint. (Bldg. Super.) PAO Property Appraiser Office EXS Extension Service EMC Emergency Communications SHF Sheriffs Department CTH Courthouse TAX Tax Collector CLK Clerk Marathon Library LIB 3251 Overseas Highway, MM 48 (ocean) Marathon, Florida 33050 EXAIBIT A (32 Courier Stops) Marathon Library STOP #14 6:50 PM Marathon Government Annex 490 63rd Street (ocean) Marathon, Florida 33050 STOP #15 7:00 PM Marathon Airport 9000 Overseas Highway, MM 51.5 Marathon, Florida 33050 STOP #16 7.10 PM Marathon Public Works 10600 Aviation Blvd. Marathon, Florida 33050 STOP# 17 7:35 PM Long Key Transfer Station MM 68 U.S. #1 (gulf) Long Key, Florida 33001 STOP #18 7: 50PM Islamorada Library MM 81.5 U.S. # 1 (gulf) Islamorada, Florida 33036 FMD Fire Marshall EMS Emergency Medical Services EMG Emergency Management FRD Fire Rescue SSD Social Services VAD Veteran Affairs TRS Translator SOE Supervisor of Elections APM Airport Manager's Office PSD Public Safety Division Office HRS Health Department RIC Commissioner DiGennaro RDS Road Department PFM Facility Maintenance ENG Engineering FMS Fleet Management Service LIB EXIIBIT A (32 Courier Stops) Transfer Station only Islamorada Library STOP #19 8:10 PM Plantation Key Public Works 186 Key Heights Dr, MM 88-89 (gulf) Plantation Key, Florida 33070 HRS STOP #20 8:15 PM Ellis Building 88800 Overseas Hwy, MM 88-89 (gul fl Plantation Key, Florida 33070 PAO STOP #21 8:20 PM Plantation Government Center 88820 Overseas Hwy, MM 88-89 (gulf) Plantation Key, Florida 33070 SOE STOP #22 PWD Public Works EMG Emergency Management Health Department FMS Fleet Management Service ENG Engineering BLD Building Dept TAX Tax Collector Property Appraiser Office PLN Planning Dept. SSD Social Services VAD Veteran Affairs Supervisor of Elections CDF Code Enforcement CLK Clerk of Court 8:35 PM Key Largo Volunteer Ambulance Corp. KLV 98600 Overseas Hwy, MM 98.6 (median) UKT Key Largo, Florida 33037 STOP #23 8:45 PM Tradewinds Plaza LIB 101485 Overseas Hwy, MM 101.485 (ocean)TAX Key Largo, Florida 33037 EXHIBIT A (32 Courier Stops) Key Largo Volunteer Amb. Upper Keys Trauma Center Key Largo Library Tax Collector's Office STOP #24 9:00 PM Key Largo Transfer Station 1180 State Road 905 (gulf) Key Largo, Florida 33037 STOP #25 9:15 PM Cardsound Toll Bridge County Road 905A US #AlA STOP #26 9.40 PM Damaron Building 99198 Overseas Ifiighway, Suite 11 Key Largo, FL 33037 Approx. 11:00 PM CDS MUR EXS EXHIBIT A (32 Courier Stops) Transfer Station only Card Sound Bridge Commissioner Murphy Extension Service CONTRACT THIS AGREEMENT, made and entered into this 28thday of January2009, A.D., by and between MONROE COUNTY, FLORIDA, (hereinafter also referred to as "owner"), and Buccaneer Courier, (hereinafter referred to as "contractor"). WITNESSED: That the parties hereto, for the consideration hereinafter set forth, mutually agree as follows: 3.01 THE CONTRACT DOCUMENTS The contract documents consist of this agreement, the RFP, and any addenda issued hereafter, any other amendment hereto executed by the parties hereafter, together with the bid proposal and all required insurance documentation. 3.02 SCOPE OF THE WORK The Contractor shall provide courier service as specified below. A. The locations to be serviced are attached in Exhibit A- B. Times specified in Exhibit A for pick up and deliveries by Contractor are approximate with the exception of the locations in Key West which remain firm. C. Deliveries- Deliveries to Stop # I made will include opening the bags and distributing mail in department mail boxes in the Mailroom. Pick up and delivery is required Monday through Friday with the exception of holidays. A list of holidays will be provided to the Contractor and the Contractor will be notified should changes to the Iist occur. Deliveries to all location en route from the Key Largo area west (south) to Key West Gato Building and including Monroe County Courthouse and Harvey Government Building, Key West will be made prior to 8:00 AM daily. Daily service will be available when needed from Key Largo to Key West with delivery in the afternoon. D. Materials to be transported. Contractor will be required to transport mail, cast, computer printouts, office supplies, etc. contained in colored courier bags and general office supplies so long as they are boxed sealed and weigh no more than 50 pounds per box. Boxes being used for the transportation of copy machine paper and general office supplies may be no longer than 18" wide, 15" deep and 10" high. E. Provision of Lock Boxes. Lock boxes for the purpose of temporarily storing items until such time as they are picked up by the Contractor will be installed at each location. Exceptions: Stop #1 through Stop #8 will not need a lock box as they are services during normal office hours. Owner will be responsible for the purchase of Lock Boxes to be installed at each location serviced, and such purchases will be made in accordance with Monroe County Purchasing Policies and Procedures. Lock Boxes will be a minimum of 24" wide, 17" deep and 48" high. Contract Bucanna Courier Page 1 of 7 BOCC 12mg F. Provision of mail bags. Mail bags are to be used as the transportation media of choice and are to be provided by Owner. Mail bags being used for transportation may be no larger than 18" wide, 5" deep and 30" high. 3.03 THE CONTRACT SUM The County shall pay to the Contractor for the faithful performance of said service on a per month in arrears basis on or before the 3e day of the following month in each of twelve (12) months. The Contractor shall provide an invoice to the County on a monthly basis for services render in accordance with the rates in Exhibit A. 3.03.1 CONTRACTOR'S ACCEPTANCE OF CONDITIONS A. All specifications have been read and carefully considered by the Contractor, who understands the same and agrees to their sufficiency for the work to be done. Under no circumstances, conditions, or situations shall this Contract be more strongly construed against the Owner than against the Contractor. B. Any ambiguity or uncertainty in the specifications shall be interpreted and construed by the Owner, and his decision shall be final and binding upon all parties. C. The passing, approval and/or acceptance by the Owner of any of the services furnished by the Contractor shall not operate as a waiver by the Owner of strict compliance with the terms of this Contract, and specifications covering the services. Failure on the part of the Contractor, immediately after Notice to Correct shall entitle the Owner, if it sees fit, to correct the same and recover the reasonable cost of such replacement and/or repair from the Contractor, who shall in any event be jointly and severally liable to the Owner for all damage, loss and expense caused to the Owner by reason of the Contractor's breach of this Contract and/or his failure to comply strictly and in ail things with this Contract and with the specifications. 3.04 TERM OF CONTRACT/RENEWAL A. This contract shall be for a period of two (2) years, commencing March 166 2009 and terminating March 15'b 2011, unless the option to renew is exercised by the Owner and Contractor. B. The County shall have the option to renew this agreement for two (2) additional two (2) year Periods. The Contract amount agreed to herein may be adjusted annually in accordance with the percentage change in the Consumer Price Index for all urban consumers (CPI-U) for the most recent twelve (12) months available. 3.05 HOLD HARMLESS The Contractor covenants and agrees to indemnify and hold harmless Monroe County Board of County Commissioners from any and all claims for bodily injury (including death), personal injury, and property damage (including property owned by Monroe County) and any other losses, damages, and expenses (including attorney's fees) which arise out of, in connection with, or by reasons of services provided by the Contractor or any of its Subcontractor(s) in any tier, occasioned by the negligence, errors, or other contract Bucanner courier Page 2 of 7 BOCC M2W wrongful act of omission of the contractor or its subcontractor in any tier, their employees or agents. In the event that services are delay or suspended as a result of the Contractor's failure to purchase or maintain the required insurance, the Contractor shall indemnify the County from any and all increased expenses resulting from such delay. The first ten dollars ($10.00) of the remuneration paid to the Contractor is for the indemnification provided for above. The extent of liability is in no way limited to, reduced or lessened by the insurance requirements contained elsewhere within this agreement. 3.06 INDEPENDENT CONTRACTOR At all times and for all purposes under this agreement the Contractor is an independent contractor and not an employee of the Board of County Commissioners for Monroe County. No statement contained in this agreement shall be construed 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. 3.07 ASSURANCE AGAINST DISCRVVnNATION The Contractor shall not discriminate against any person on the basis of race, creed, color, national origin, sex, age, or any other characteristic or aspect which is not job related, in its recruiting, hiring, promoting, terminating, or any other area affecting employment under this agreement or with the provision of service or goods under this agreement. The Contractor agrees 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 terminated without any further action on the part of any party, effective the date of the court order. The Contractor 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 VU of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX 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 I975, 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 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. et seq.), as Conte Buena Courier Page 3 of 7 B DCC umq amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as maybe amended from time to time, relating to nondiscrimination on the basis of disability; 10) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. 3.08 ASSISGNMENT/SUBCONTRACT The Contractor shall not assign or subcontract its obligations under this agreement, except in wiring and with the prior written approval of the Board of County Commissioners for Monroe County and Contractor, which approval shall be subject to such conditions and provisions as the Board may deem necessary. This paragraph shall be incorporated by reference into any assignment or subcontract and any assignee or subcontractor shall comply with all of the provisions of this agreement. Unless expressly provided for therein, such approval shall in no manner or event be deemed to impose any obligation upon the board in addition to the total agreed -upon price of the services/goods of the contractor. 3.09 COMPLIANCE WITH LAW In providing all services/goods pursuant to this agreement, the contractor shall abide by all statutes, ordinances, rules and regulation pertaining to, or regulating the provisions of such services, including those now in effect and hereinafter adopted. Any violation of said statutes, ordinances, rules and regulations shall constitute a material breach of this agreement and shall entitle the Board to terminate this contract immediately upon delivery of written notice of termination to the Contractor. The Contractor shall possess proper licenses to perform work in accordance with these specifications throughout the term of this contract. 3.10 INSURANCE Prior to the execution of this agreement, the contractor shall furnish the Owner Certificates of Insurance indicating the minimum coverage limitation as indicated by an "V on the attached forms identified as INSCKLST 1-5, as further detailed on forms WC1, GL1, and VL1, each attached hereto and incorporated as part of this contract document and all other requirements found to be in the best interest of Monroe County as may be imposed by the Monroe County Risk Management Department. 3.11 FUNDING AVAR ABILM In the event that funds from Purchasing Office Contractual Services are partially reduced or cannot be obtained or cannot be continued at a level sufficient to allow for the purchase of the services/goods specified herein, this agreement may then be terminated immediately at the option of the Board of County Commissioners by written notice of termination delivered in person or by mail to the Contractor. The Board shall not be obligated to pay for any services provided by the contractor after the contractor has received written notice of termination. Page 4 of 7 Contract Bucanner Courier BOCC 1/2W 3.12 PROFESSIONAL RESPONSIBILITY The Contractor warrants that it is authorized by law to engage in the performance of the activities encompassed by the services herein described, subject to the terms and conditions set forth in these contract documents. The Contractor shall at all time exercise independent professional judgment and shall assume professional responsibility for the services to be provided. Continued funding by the Owner is contingent upon retention of the appropriate local, state and/or federal certification and or licensure of contractor. 3.13 NOTICE REQUIREMENT Any notice required or permitted under this agreement shall be in writing and hand delivered or mailed, postage prepaid, to the other party by certified mail, returned receipt requested, to the following: FOR COUNTY: FOR CONTRACTOR: Monroe County Purchasing Office Buccaneer Courier 1100 Simonton Street, Suite 1-213 P. O. Box 430763 Key West, FL 33030 Big Pine Key, FL 33043 3.14 GOVERNING LAWS This agreement is governed by the law of the State of Florida. Venue for any litigation arising under this agreement must be in Monroe County, Florida. In the event of any litigation, the prevailing party is entitled to attorney's fees and costs. 3.15 CANCELLATION A. The County may cancel this contract for cause with seven (7) days notice to the Contractor. Cause shall constitute a breach of the obligations of the Contractor to perform the services enumerated as the Contractor's obligations under this contract. B. Either of the parties may cancel this agreement without cause by giving the other party sixty (60) days written notice of its intention to do so. 3.16 CONTINGENCY STATEMENT Monroe County's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Monroe County Board of County Commissioners. 3.17 RECORDS AND PUBLIC ACCESS The Contractor shall maintain all books, records, and documents directly pertinent to performance under this Agreement. Each party to this Agreement or their authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for four years following the termination of this Agreement. Contract Bucanner Courier Page 5 of 7 BOCC 1n8/a9 3.18 ATTORNEY'S FEES AND COSTS The county and the 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 attorney's fees, court costs, investigative, and out-of-pocket expenses, as an award against the non -prevailing party, and shall include attorney's fees, courts costs, investigative, and out-of-pocket expenses in appellate proceedings. 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. 3.19 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 Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 3.20 NON -WAIVER OF IMMUNITY Notwithstanding the provision of Sec. 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 extent of liability coverage, nor shall any contract entered into by the County be required to contain any provision for waiver. 3.21 ADJUDICATION OF DISPUTES OR DISAGREEMENTS The County and the 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, the issue or issues shall be discussed at a public meeting of the Board of County Commissioner. 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. 3.22 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 the Contractor agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this agreement or provision of the services under this agreement. The County and the Contractor specifically agree that no party to this agreement shall be required to enter into any arbitration proceedings related to this agreement. Page 6 of 7 Contract Bucanner Courier BOCC 1/2&" IN WPTNESS WHEREOF the parties hereto have executed this Agreement on the day and date r fi above in four (4) counterparts, each of which shall, without proof or accounting for *W4arts, be deemed an original contract. E; BOARD OF COUNTY COMMISSIONERS .. K LHAGE, CLERK OF MO OE COUNTY, FLORIDA n Clerk Mayor/Chairman Date: JAN 2 $ 2009 (SEAL) Attest: Witness G ri05 dc&TOres By: -Uv a4-A w' G�a� vrsc y Q 0 J 1 jj ram, AM 0- MONROE COUNTY ATTORNEY c w v APPROVED AS TO FORM: Y' .� CD CHRISTINE M. LIMBERT•BARROWS -. ASSISTANT COUNTY ATTORNEY Date I /R//X c-, Page 7 of 7 Contract Bucanner Courier BOCC 128ft