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10/16/2002 Agreement Clerk of Ole Circul Coun Danny L. KoIhage Clerk ofthe Circuit Court Phone: (305) 292-3550 FAX: (305) 295-3663 e-mail: phancock@monroe-clerk.com Memnrandum TO: James Malloch, Director Community Services ATTN: Anne Layton Rice Library Administrator FROM: Pamela G. Hanco&,Zt., Deputy Clerk a DATE: October 21,2002 At the October 16, 2002, Board of County Commissioner's meeting the Board granted approval and authorized execution of a Service Agreement between Monroe County and Literacy Volunteers of America-Monroe County, Inc. for literacy services. Enclosed is a duplicate original of the above mentioned for your handling. Should you have any questions please do not hesitate to contact this office. Cc: County Administrator wlo document County Attorney Finance File ./ -- ~-----.._--.__._~._----_._- SERVICE AGREEMENT THIS AGREEMENT is made and entered into by and between the Board of County Commissioners of Monroe County, Florida, (hereinafter referred to as the "County") and Literacy Volunteers of America-Monroe County, Inc. (Hereinafter referred to as "L V A"); WHEREAS, the County has received grant funding from the Florida Department of State, Division of Library and Information Services, which specifies that monies will be provided to LV A for literacy services; THEREFORE; in consideration of the mutual pronuses contained herein, the parties agree as follows: 1. County shall pay a sum not to exceed $70,000.00 for literacy services as described in the grant application "Library Service for Limited English Proficient Hospitality Workers" (attached hereto). Payment will be made only after LV A submits invoices and support documentation acceptable to the County's Finance Department. 2. LV A also understands that the grant process through which this funding was made available requires LV A to submit their payment requests as timely as possible and to finalize all such requests before the end of the grant period. LV A agrees to submit by September 20, 2003, all invoices and support documentation as required by the County's Finance Department rules and policies. LV A shall not be reimbursed nor will LV A's vendors be paid directly for any invoices received by the County after September 30, 2003. 3. LV A shall reimburse County for any audit exceptions identified by County should the records be audited through the availability and access described in paragraph 5. 4. LV A 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 reason of the services provided, or other activities and funding associated with this agreement. 5. LV A shall maintain records pursuant to generally accepted accounting principles for three (3) years after the grant period and shall permit County and its agents and employees access to said records at reasonable times. 6. County may terminate this agreement without cause upon providing written notice to LV A no less than sixty (60) days prior to the event and may terminate for breach upon providing to LV A notice at least seven (7) days prior to the effective date of the termination. 7. LV A is an independent contractor and shall disclose any potential conflicts of interest as defined by Florida Statutes, Chapter 112 and Monroe County Code, Article XXI. 8. LV A warrants that he/ she/ it has not employed, retained or otherwise had act on his/her/its behalf any former County officer or employee in violation of Section 2 or Ordinance No. 10-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 10-1990. For breach or violation of the provision the County may, at its discretion terminate this contract without liability and may also, at its discretion, deduct from the contract or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former or present County officer or employee. 9. 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 a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the constrUction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287,017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. IN WITNESS WHEREOF, each party has caused this Agreement to be executed by }lthorized representative, the ,I-/A. day of ~ , 2002. ,",,','i> ../', f County Commissioners of Monroe County Attest: By. ~~Ja e . iJs IRA ./ "" 03: .-, g .." ~ r ~~" c:> f'Tl 0("") c-> a r'ii;:' _: --t (J' f" N .." on- - 0 . C:;Q :;,', ?J Literacy V ~n~rs ]> ;0 of America-Monroe Cou~:f:'nc. ~ rr1 '"T1 1> c:> 0 /1(J,f /7 j;: ~ ,:;, ~ BY'lrL~t1 ~ Cl (SEAL) ;?t/J4 Witness ~ OR .=-