O. County Administrator
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: June 20, 2007
Division: County Administration
Bulk Item: Yes X No
Staff Contact PersonlPhone #: Tom Willi X4741
AGENDA ITEM WORDING: Approval/Confirmation of the County Administrator's appointment
of Andrew Trivette as the Division Director of Growth Management effective upon approval.
ITEM BACKGROUND: Florida Statute 125.74(1)(k) requires the BOCC confirmation of
department head appointments made by the County Administrator.
PREVIOUS RELEVANT BOCC ACTION: N/ A
This item was tabled at the May 16,2007 BOCC meeting at the request of Commissioner Neugent.
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS: Approval.
TOTAL COST:
$110,000 yr
BUDGETED: Yes X No
COST TO COUNTY: $110,000 yr
SOURCE OF FUNDS: Growth Management
REVENUE PRODUCING: Yes
No X AMOUNTPERMONTH Year
APPROVED BY: County Atty _ OMBIPurchasing _ Risk Management _
DOCUMENTA TION:
Included X
Not Required_
DISPOSITION:
AGENDA ITEM #
Revised 8/06
26945 ANGELFISH ROAD' RAMROD KEY, FL 33042
PHONE 305.872.4851' FAX 305.872.4851' E-MAIL ATRIVETTE@MSN.COM
ANDREW OMER TRIVETTE
OBJECTIVE
To obtain a leadership position within local government.
EDUCATION
1999-2001 University of Virginia Charlottesville, VA
BS / Environmental Science
· Four year program covering the major disciplines of physical science
WORK EXPERIENCE
February 2003 - Current* Acting Growth Management Division Director: Monroe County, Florida
.:. Supervision of 90 employees in four departments
.:. Write and present staff reports to county commissions
.:. Draft conservation planning tools and policies
January 2000 - February 2003
GIS Specialist 1: County of Albemarle Virginia
.:. Maintained county wide building locator system in GIS environment
.:. Maintained and distributed county addressing
.:. Created information management tools as well as custom mapping
January 2001 - February 2003 Acid Rain Data Analyst/Researcher: University of Virginia
.:. Constructed a single manageable dataset from various datasets and types
.:. Created a single document for publication in conjunction with two full professors
.:. Processed three final reports to be published
SPECIAL ACCOMPLISHMENTS
Published and Presented, Point Sample Analysis for Mercury Contamination of the North
Fork of the Holston River and Small Scale Tests of EPA Encapsulation Methods; Virginia
Water Resources Research Center South West Virginia Water Symposium.
Co- Authored, Virginia Acid Precipitation Network Analysis of Data nom Hampton, VA;
(including another for Luray and Rockbridge Virginia) University of Virginia Department of
Environmental Science in conjunction with the Virginia Department of Environmental Quality
OTHER SKILLS
Computer: GPS, ArcGIS, Microsoft Office Suite including Access, Web Design, Mainframe,
Various Project Tracking Software
* Several positions held during this time
Andrew Orner Trivette
26945 Angelfish Road
Ramrod Key, FL 33042
Phone: (305) 872-4851
Fax: (305) 289-2836
Ernail: atrivette@rnsn.com
Wednesday April 25, 2007
County Administrator
Employee Services Division
Human Resources
1100 Simonton Street, 2nd Floor
Key West, FL 33040
RE: Director of Growth Management Division
Dear Mr. Willi:
I have the tremendous opportunity to serve Monroe County in the role of Acting Growth
Management Division Director since January 22, 2007. During this time I have made a considerable
effort to make a difference while I have the chance. I have made many strides in the direction of
improving both customer service as well as public perception of the Division. I have listed below
several initiatives which I have pioneered:
. Provide a firm structure ofleadership throughout the Division
. Reinstate the "open door" policy within the Division for all leadership personnel
. Provide structure for reviewing and improving our current revenue streams
. Create positive relationships between Division leadership and County leadership
. Increase availability of staff to internal customers
. Provide a more approachable face to Growth Management with our many committees and
teams
. Change customer service attitude from negative to positive, provide additional solutions
. Encourage staff creativity within the framework of Monroe County Code
. Provide the creative solutions required to resolve many long pending issues within the
Division
I have set a course for the Division within the concept of the "Seven Seas" provided by the Sterling
process. This course is a Division wide improvement campaign called "The Essential Piece". The
Division has adopted a mission statement for the campaign which reads as follows:
Mission Statement: To propel the Growth Management Division into a position of perfOrmance
excellence through the creation of a stronger team in which every employee is an
essential piece.
The course will steer the Division through five essential areas of improvement. The first is team
construction, which requires the creation of leadership teams within the departments and the
fostering of team concepts in daily work schedules. The second is the creation of a continuous
improvement program (CIP) which revolves around our qualified staff members providing employee
development opportunities geared toward employee growth within the Division. Third is an
intensified customer outreach program. I have created a team to serve as a customer outreach
committee who are tasked with specific goals to achieve throughout the year. The fourth component
of the campaign is to centralize the administration of the Division. This will allow us to recognize
inefficiencies and allow us to capitalize on individual employee strengths. The final component is a
I
total review of our fee schedules. In this years budget preparation I initiated a different approach to
looking at the numbers. I added a small visual component which, even though it seemed small, the
impacts were readily apparent through the newfound departmental understanding of budget issues.
In summary, improvements are already being realized. Goals are already being achieved and the
Division has embraced my ideas and welcomed the changes I have implemented. We are functioning
as a team and our goal is to become a model for other Divsions.
Sincerely,
L
~~~
Andrew Orner Trivette
Enclosures:
Resume
cc: File
MS
II
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: June 20, 2007
Division: County Administrator
Bulk Item: Yes X No
Department:
County Administrator
Staff Contact PersonlPhone#:Connie Cyr #4441
AGENDA ITEM WORDING: Approval for the running ofthe 27th Annual 7-Mile Bridge Run for
Saturday, April 19, 2008 from 6:45 A.M. to 9:00 A.M.
ITEM BACKGROUND: Since the bridge run began in 1982, local youth have benefited in excess
of $200,000 from proceeds. See attached letter dated May 8, 2007 from the Marathon Runners Club,
Inc.
PREVIOUS RELEVANT BOCC ACTION:
CONTRACT/AGREEMENT CHANGES:
STAFF RECOMMENDATIONS:
TOTAL COST:
N/A
BUDGETED: Yes
NoL
COST TO COUNTY:
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes
No
AMOUNTPERMONTH_ Year
APPROVED BY: County Atty _ OMB/Purchasing _ Risk Management _
DOCUMENTATION:
Included x
Not Required_
DISPOSITION:
AGENDA ITEM #
Revised 2/05
l'1a~ UU Uf uU::::l.::Ja
van a LnJ.J.U
-LJU""'-''T..:.J L.""T.J..u
,.......
IIIIBI/HHIIIIIMARATHON RUNNERS CLUB INe.
..
P.o. Box 500110
Marathon~ Florida 33050-0110
(305) 743-8513
May 8, 2007
A TTN: Connie
FAX: 292-4544
Momoe County Mayor and Commissioners
Momoe County, Marathon, FL
305-292-4441
Re: 27th Annual 7 Mile Bridge Run
Dear Mayor and Commissioners,
The Marathon Runners Club respectfully requests to be added to the agenda for the next
scheduled meeting. We are requesting approval for the running of the 27th Annual 7 -Mile
Bridge Run for Saturday, Apri119, 2008 from 6:45 A.M. to 9:00 A.M. We are very
proud to say that our local youth. benefit in excess of $200,000.00 from proceeds from the
7-Mile Bridge Run since it began in 1982. We are very proud of our annual event and
thankful to participants, sponsors, volunteers and the continued support of our
community .
We will be acquiring all the necessary permits, insurances and certificates which will be
provided to you upon completion and receipt.
We are anxious to hear from you following the outcome of your next meeting so we can
proceed with planning next year's running event. Please acknowledge the approval of the
7 -Mile Bridge Run by the commission by email tobaylesb@earthlink.net.
1ba:nk you, Mayor and Commissioners, in advance, for your time, consideration and
continued support for this fine local event to benefit our local youth.
Sincerely.
, /'
~ , \...1// ~'.. o.
\ ,-;;.t-{.-!Llt. / ~?--z'~LtLL,L--~'
Denise Pankow and Bobbi Bayles (bavlesb@earthlink.net)
Event Coordinators
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: June 20. 2007 - MAR
Division: County Administrator
Bulk Item: Yes XX
No
Staff Contact Person: Debbie Frederick
AGENDA ITEM WORDING:
Approval of First Amendment to Advanced Data Solutions, Inc. Agreement #101-555-2566A for the
purposes of amending the payment section of the Agreement to allow for use of privately or corporately
owned aircraft for transportation of ADS personnel so long as the use conforms to Florida Statute,
Monroe County Code, and is approved by the County Administrator. There is no change in the total
contract amount due to this amendment.
ITEM BACKGROUND:
This Amendment will allow the Contractor to use privately or corporately owned aircraft for
transportation of ADS personnel to the Keys, requires the Contractor to charge a fixed rate, to
demonstrate that the rate is lower than the rate of a commercial flight on the same date, to conform to
applicable laws and will require the County Administrator to verify that he has reviewed the relevant
information and determined that this flight is the most efficient and economical means of travel,
considering time of the traveler, impact on the productivity of the traveler, cost of transportation and
per diem subsistence requires (pursuant to Florida Statute 112.061).
PREVIOUS RELEVANT BOCC ACTION:
This is the first amendment to an Agreement #101-555-2566A for County-wide Database Management
offiles, servers, platforms and training of staff The Agreement was approved in Apri12006. It is one
of three contracts ADS has currently with the County.
CONTRACT/AGREEMENT CHANGES:
This Amendment will allow the Contractor to use privately or corporate owned aircraft for
transportation of ADS personnel at a fixed rate for each authorized person of $300.00 per person round
trip or $175 per person one way, so long as that amount is less than the same flight would cost on a
commercial carrier, is authorized by the County Administrator, conforms to Florida Statutes and
Monroe County Code, and documentation is provided demonstrating the cost is less than a commercial
carrier.
STAFF RECOMMENDATIONS:
Approval
TOTAL COST: $183.885.75
BUDGETED: Yes -L No
COST TO COUNTY: $183.885.75
SOURCE OF FUNDS:
Ad Valorem
REVENUE PRODUCING: Yes
No X
AMOUNTPERMONTH~ Year
APPROVED BY: County Atty,/" OMBlPurchasing _ Risk Management _
DOCUMENTATION:
DISPOSmON:
Revised 2/05
Included
X
Not Required =
AGENDA ITEM #
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Advanced Data Solutions Contract #_ 101-555-2566A
Effective Date: Retro to 04-19-06
Expiration Date: 9-30-09
Contract Purpose/Description:
Agreement for County wide data base management of files, servers, platforms and
training of staff. This amendment amends the payment section of the Agreement to
allow for use of privately or corporately owned aircraft for transportation of ADS
personnel.
Contract Manager: Debbie Frederick 4741 CAD/Stop 1
(Name) (Ext. ) (Department/Stop #)
for BOCC meeting on 6-20-07 Agenda Deadline: 6-5-07
CONTRACT COSTS
Total Dollar Value of Contract: $ 183,885.75 Current Year Portion: $
Budgeted? YeslZl No D Account Codes: 001-05004-530340-
Grant: $
County Match: $
Estimated Ongoing Costs: $
(Not included in dollar value above)
ADDITIONAL COSTS
/yr For:
(eg. maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
Date In
Changes
Needed
YesDNo
Date Out
Division Director
Risk Mana&emen~ ~l YesD NoEj'
P.J/.c.. ~t8t
O.M.B./Purchating ?-~'Z. -o1YesD NoD
County Attorney S/93Ai YesD No@
Comments: J..Jo
vncJ ~ .
~L..
FIRST AMENDMENT TO
AGREEMENT BETWEEN MONROE COUNTY
AND ADVANCED DATA SOLUTIONS, INC.
FOR COUNTY WIDE DATA BASE MANAGEMENT OF FILES, SERVERS,
PLATFORMS AND TRAINING OF STAFF
(Contract Number 101-555-2566A)
TillS FIRST AMENDMENT dated the ~ day of . . 2007, to the Agreement,
dated the 19th day of April 2006, between Monroe County ("COt.mTY')and Advanced Data
Solutions, Inc. ("ADS") for County Wide Data Base Management of Files, Servers, Platforms
and Training of Staff is for the purpose of amending the payment section to allow for ADS
personnel to fly to the County using private or corporate aircraft when approved by the County
Administrator.
WITNESSETH:
WHEREAS, on , the COUNTY and ADS entered into an AGREEMENT for County
Wide Data Base Management of Files, Servers, Platforms and Training of Staff dated the 19th day
of April 2006 , said Agreement also referred to as Contract Number 101-555-2566A; and
WHEREAS, COUNTY and ADS agree to clarify the procedure for payment of travel
expenses on privately or corporately owned aircraft;
NOW THEREFORE IN CONSIDERATION of the mutual promises contained herein,
the parties hereby agree as follows:
1. Paragraph 3. Payment to ADS. is amended to read as follows:
"3. PAYMENTS TO ADS
A. COUNTY'S performance and obligation to pay under this agreement, is contingent
upon annual appropriation by the Board of County Commissioners.
B. COUNTY shall pay in accordance with the Local GOvernment Prompt Payment Act;
payment will be made periodically, but no more frequently than monthly, in arrears as hereinafter
set forth.
C. ADS shall submit all invoices to the County with supporting documentation
acceptable to the Clerk based on generally accepted accounting principles and such laws, rules
and regulations as may govern the Clerk's disbursal of funds.
D. The pricing for the different types of work shall be as follows:
1) The labor portion shall be paid at the hourly rate of One Hundred Twenty-
Nine Dollars and Twelve 12/cents ($129.12) per person per hour; and
2) The total contract amount of the Agreement dated April 19, 2006, including
all services and expenses set out in the Amendment are One Hundred Eighty-Three Thousand
Eight Hundred Eighty-Five Dollars and 75/cents ($183,885.75).
(3) The expenses such as travel, per diem, meals, mileage, hotel, or airfare shall
be paid according to Fl. Statute 112.321, Fl.Stat.112.061 and according to Chapter 2
Administration, Article XXVI of the Monroe County Ordinances;
(4) Payment for airfare on privately or corporately owned aircraft shall be paid
reimbursed under the following conditions:
a. the only unpaid invoices for airfare which will be considered for
reimbursement are those incurred after the 19th day of April 2006; and
b. only an authorized person under Fl.Stat.112.061(2)(e) will be eligible
for reimbursement, each invoice shall include documentation which states the name of all persons
providing work under this contract with a description of work performed, days worked, hours
worked, cost of airfare, and other documentation required herein, failure to submit this
information will cause the Clerk to reject that portion of the invoice;
c. County agrees to pay a fixed fee for each authorized person of
$300.00 per person round trip or $175.00 per person one way on a privately or corporately owned
airplane so long as that amount is less than the same flight would cost on a commercial carrier. If
an authorized person flies one way on a private or corporate carrier and one way on a commercial
carrier, the County will pay no more than the $300.00 round trip fixed fee cost on a private or
corporate carrier .
d. Pursuant to Fl. Stat. 112.061(7)(a)2 ADS agrees to make a
determination of the most efficient and economical method available prior to booking air fare on
commercial, privately owned or corporately owned air craft and agrees to abide by the guidelines
as set forth in this Amendment, State law and County Code; and agrees to include documentation
showing that a commercial flight on the same date would have cost more than the fixed fee set
out in this Amendment. This can be accomplished by attaching a copy of the commercial fare for
the same date as the private or corporate carrier flight, and attaching it to the invoice; and
e. Nothing in this amendment shall require an authorized person to fly
on a privately or corporately owned aircraft, and it is meant to encourage the most efficient and
economical method available to the County and to ADS; and
f. When using a privately or corporately owned carrier ADS shall attach
to the invoice submitted for reimbursement a memorandum signed by the County Administrator
or designee authorizing each particular flight and which states that the submitted flight is the most
efficient and economical means of travel pursuant to Fl. Stat. 112.061 (7)( a)2. (Memorandum
Form attached as Exhibit A."
4. The remaining terms of the Agreement Between Monroe County and Advanced Data
Solutions, Inc. for County Wide Data Base Management of files, Servers, Platforms and Training
of staff entered into on April 19th , 2006, not inconsistent herewith, shall remain in full force and
effect.
IN WITNESS WHEREOF COUNTY and ADS hereto have executed this Agreement on the
day and date first written above.
(SEAL)
Attest: DANNY L. KOLHAGE, CLERK
BOARD OF COUNTY
COMMISSIONERS
OF MONROE COUNTY, FLOIDA
By:_
Deputy Clerk
By:
Mayor Mario DiGennaro
Date:
Date:
Si
Date:
Advanced Data Solutions, Inc.
d~~JG
Authorized Signature for Corporation
Ii, S}(/d,ti~ _d~ irtl.F /1
Print Name h h
Date: ~ I p7
MONROE COUNTY ATTORNEY
APPROVED AS T~
~~~ ;2).
; NATILEENE W. CASSEL
ASSISTANT COUNTY ATTORNEY
Date ~j~ Y .:L-ln?
1fT .
Suzanne A. Hutton, County Attorney**
Robert B. Shillinger, Chief Assistant County Attorney **
Pedro J. Mercado, Assistant County Attorney
Susan M. Grimsley, Assistant County Attorney **
Natileene W. Cassel, Assistant County Attorney
Cynthia Hall, Assistant County Attorney
(~.~..--
BOARD OF COUNTY COMMISSIONERS
Mayor, Mario Di Gennaro, District 4
Mayor Pro Tern Dixie M. Spehar, District 1
George Neugent, District 2
Charles "Sonny" McCoy, District 3
Sylvia J. Murphy, District 5
O~~Y3~~~E-
(305) 294-4641
Office of the County Attorney
PO Box 1026
Key West, FL 33041-1026
(305) 292-3470 - Phone
(305) 292-3516 - Fax
** Board Certified in City, County & Local Govt. Law
MEMORANDUM REGARDING USE
OF PRIVATE OR CORPORATE
AIR TRANSPORTATION FOR ADS
DATE:
TO: Clerk of Courts
FROM: County Administrator
Please be advised that I hereby authorize ADS to use a private or corporate air carrier to travel on the
day of , 20_, to Monroe County to provide services to the County under the various contracts
between Monroe County and ADS. Pursuant to Florida Statute 112.061(7)(a)2, I have reviewed the relevant
information and determined that this flight is the most efficient and economical means of travel, considering
time of the traveler, impact on the productivity of the traveler, cost of transportation, and per diem
subsistence requires.
Signature of County Administrator or his designee
Date:
EXIllBIT A
Revised on 5/1712007
305.t{J23516
. . ...,...
.-.....--..-
MONROE COUNTY ATT
0250:26 pm. 04-12-2006
3 J12
AGREEMENT BETWEEN MONROE COUNTY
AND ADVANCED DATA SOLUTIONS, INC.
FOR COUNTY WIDE DATA BASE MANAGEMENT OF FB..Es, SERVERS,
PLATFORMS AND TRAINING OF STAFF
(Contraet number lOl-555-2566A)
TIllS AGREEMENT made and entered into this ,'4 day of APRIL~ 2006, by
and between MONROE COUNTY, a political subdivision of the State of Florida
("COUNTY"), whose address is 1100 Simonton Street, Key West, Florida 33040 and
Advanced Data Solutions, Inc. a Florida Corporatio~ whose address is 141 Scarlet
Boulevard. Suite ~ Oldsmar, Florida 34671 ("ADS").
WHEREAS~ ADS and COUNTY entered into a previous agreement identified as
"Professional Services Agreement between Monroe County and Advanced Data
Solutions, Inc.~ contract number 101-555-2566" ("Contract Number 101-555-2566''),
which was entered into on thel(}1l. day of November, 2005; and
WHEREAS, said Contract Number 101-555-2566 has proven to be problematic
due to numerous difficulties and ambiguities in interpretation of the tenns, clauses and
Exhibits; and
WHEREAS, ADS and COUNTY nn1b1eJ]y agree to terminate Contract Number
101-555-2566; and
WHEREAS, ADS and COUNTY agree to enter into this Agreement far
countywide content management of data including all county servers and platforms, data
base management, and all related file management, and 1raining of county personnel in
all related data base related to Alchemy software, in order to make data bases
communicate with each other; and
NOW THEREFORE, in consideration of the mutual covenants and provisions
contained herein, the COUNTY and ADS agree as follows: That COUN1Y and ADS
hereto, for the oonsideration hereinafter set forth, mutually agree as follow:
1. THE AGREEMENT
The Agreement consists of this document and its exhibit only. Any other Agreements
between ADS and COUNTY are separate independent agreements and shall be read,
interpreted and enforced as separated independent agreements.
2. SCOPE OF THE WORK
ADS 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 this Agreement. ADS
shall at all times exercise independent, professional judgment and shall assume
professional responsibility for the services to be provided.
A ADS shall provide countywide content management of data including all
county servers and platforms, data base management and all related file management
Contract: 'lOl-55S-2S66A
1
--_._-~.__..__.---_.,------_..--. .-.....-......... ..--......-.--...---.-.------.---....- .... ..--. -'" ..-......- .-_.-._---~_..._._--_.-
305::>92351 6
MONROE COUNTY ATT
02:50:59 pm. 04-12-2006
4112
and training of oounty peISOnnel in all related data base related to Alchemy software in
order to make data bases communicate wi1h each other.
B. ADS shall provide training and data base management services throughout all
departments within the County in the Alchemy Server Platform located on the SAN
Server. ADS will train at least 2 persons from each offict; as requested by the County
Administrator~ in the use of the Alchemy Application so that each participant will have a
full und~d-i"8 of the uniform methods to correctly input data into the platform. ADS
will host training sessions bi-weekly in Key West and Marathon alternating locations as
necessary. Thm-e will be two levelS of training thmby requiring approximately 126
training sessions given the numbers above. Additional sessions may be required with
some departments in that there may be staff scanning in 3 locations for some departments
w~ere we have Upper Key, Middle Key and Lower Key locations. These additional
sessions are included in the scope of work. In addition to the classroom training. ADS
personnel win be visiting each department periodically on site to check on the progress of
each. Specific additional assistance will be given to each department on an as needed
basis; Onsite floor training will include our staff visiting every depmtment in an ongoing
basis to check on the progress of their efforts and continually direct and educate all
departments as to the proper procedures and methods
C. ADS shall provide services using the following standards~ as a minimum
requirement, ADS sball maintain adequate staffing levels to provide the services required
under the Agreement, ADS personnel shall not be employees of or have any contractual
relationship with the County, and all personnel engaged in performing services under this
Agreement shall be fully qualified, and, if required, to be authorized or permitted under
State and loca1law to perform such services.
D. This Agreement does not include purchase of hardware or software.
3. PAYMENTS TO ADS
A. COUNTY'S performance and obligation to pay under this agreement, is
contingent upon annual appropriation by the Board of County Commissioners.
B. COUNTY shaD pay in accordance \\ith the Florida Prompt Payment Act;
payment will be made periodically, but no more frequently than moJIth1y~ in arrears as
hereinafter set forth.
C. ADS shall submit all invoices to the County with supporting documentation
acceptable to the Clerk based on genem11y accepted. accounting principles and such laws,
rules and regulations as may govern the Clerk's disbursal of funds.
D. The pricing for the different types of work shall be as follows:
1) the labor portion sba1l be paid at the hourly rate of One Hundred
Twenty-Nine Dollars and Twelve 12lcents ($129.12) per person per hour, and
2) the expenses such as travel, per diem, meals, mileage. hotel, or airfare
shall be paid according to Fl. Statute 112321 and according to Chapter 2 Administration,
Article XXVI of the Monroe County Ordinances;
3) the total contract amount of this Agreement including all services and
expenses is One Hundred Eighty-Three Thousand Eight Hundred Eighty-Five Dollars
and 75fcents ($183~885.75). COUNTY and ADS recognize that there may be outstanding
invoices which should be paid under the previous contract #101-555-2566, and agree that
Contract #101-555-2566A
2
3052~23516
MONROE COUNTY ATT
02:51:41 p.m. 04-12-2006
5112
these shall be submitted to the County Attorney with back-up documentation for review
and shall, where appropriate, be paid under this Agreement: however, the total contract
amount shall remain One Hundred Eighty-Three Thousand Eight Hundred Eighty-Five
Dollars and 75/cents ($183,885.75), including any payment on the outstanding invoices.
4. TERM OF AGREEMENT
This Agreement commences on the date of the execution by all parties, and ends on the
30th day of September, 2009, unless terminated earlier under paragraph 18 of this
Agreement or the total compensation bas been paid whichever comes first.
5. ADS'S ACCEPTANCE OF CONDmONS
ADS bas, and shall maintain throughout the term of this AgIeement, appropriate licenses;
proof of such licenses and approvals shall be submitted to the County upon request.
6. FINANCIAL RECORDS OF ADS
ADS sball maintain all books, records, and documents directly pertinent to performance
under this Agreement in accordance with generally accepted accounting principles
consistently applied. Both COUNTY and ADS or their authorized representatives sball
have reasonable and timely access to such records of the other for public records
purposes during "the term of the Agreement and for four years following the termination
of this Agreement. If an auditor employed by the County or Clerk determines that
monies paid to ADS pursuant to this Agreement were spent for purposes not authorized
by this Agreement, ADS sba1l repay tire monies together with interest calculated pursuant
to Sec. 55.03, FS~ nmning from the date the monies were paid to ADS.
7. PUBLIC ACCESS
COUNTY and ADS shall allow and permit reasonable access to~ and inspection of, all
documents, papers, letters or other materials in its possession or under its control subject
to the provisions of Chapter 119, Florida Statutes, and made or received by County and
ADS in conjunction with this Agreement; and County shalJ have the right to unilaterally
cancel this Agreement upon violation of this provision by ADS.
8. HOLD HARMLESS AND INSURANCE
ADS covenants and agrees to indemnify and hold harmless Monroe County Board of
County Commissioners from any and all claims for bodily injmy (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 services provided. by ADS occasioned by the negligence,
errors~ or other wrongful act of omission of ADS, its employees, or agents.
The extent of liability is in no way limited to, reduced, or lessened by the insurance
requirements contained elsewhere within this agreement.
Prior to execution of this agreement, ADS sball furnish the COUNfY Certificates of
Insurance indicating the minimum coverage limitations in the following amounts:
Contract: 1I101-555-2566A
3
3051923516
MONROE COUNTY ATT
02:5217 p.rn 04-12-2006
6 ;12
WORKERS COMPENSATION AND EMPLOYER'S LIABIL TIY
INSURANCE.
Where applicab1e~ coverage to apply for all employees at a minimum statutory
limits as required by Florida Law.
COMPREHENSIVE AUTOMOBILE VEHICLE LlABlLITY INSURANCE:
Motor vehicle liability insurance, including applicable no-fault coverage, with.
limits of liability of not less than $1,000,000.00 per occurrence, combined single limit for
Bodily Injury Liability and Property Damage Liability. Coverage shall include all owned
vehicles, all non-owned vehicles, and all hired vehicles.
COMMERCIAL GENERAL LIABILITY. Commercial genera11iability coverage
with limits of liability of not less than $1,000,000.00 per occurrence combined single
limit for Bodily Injury Liability and Property Damage Liability.
PROFESSIONAL LIABn..ITY. ADS shall furnish professiona11iability errors
and omissions insurance coverage in an amount not less than $1,000,000.00, which
covers its employees in executive and or m.anagerial positions with the company.
CERTIFICATES OF INSURANCE. Original Certificates of Insurance shall be
provided to -the COUNTY at the time of execution of this Agreement and certified copies
provided if requested. Each policy certificate shall be endorsed with a provision that not
less than thirty (30) calendar days' written notice shall be provided to the County before
any policy or coverage is canceled or restricted. The underwriter of such insurance shall
be qualified to do business in the State of Florida. If requested by the County
Administrator, the insurance coverage shall be primary insurance with respect to 1he
Com.ty, its officials, employees, agents and volunteers.
9. NON-WAIVER OF IMMUNITY
Notwithstanding the provisions of Sec. 286.28, Florida Statutes., the participation of
Cotmty and ADS 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.
10. INDEPENDENT CONTRACTOR
At all times and for all purposes under this agreement ADS is an independent contractor
and not an employee of the Board of County Comrni~oners ofMomoe County. No
statement contained in this agreement shall be construed so as to find ADS or any of his
employees, subconttactors~ servants. or agents to be employees of the Board of County
Commissioners of Monroe County.
11. NONDISCRIMINATION
County and ADS agree that there will be no discrimination against any person, and it
is expressly understood that upon a determination by a court of competent jurisdiction
that discrimination bas occ~ this Agreement automatically terminates without
any further action on the part of any party. effective the date of the court order.
Contract .#I101-555.2566A
4
3052~23516
MONROE COUNTY ATT
02:5253 p.m. 04-12-2006
7 i12
County and ADS agree to comply with all Federal and Florida statutes, and allloca1
ordinances~ as applicable, relating 10 nondiscrimination. These include but are not
limited to: 1) Title VI of d1e 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 of1972, as amended (20 use 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 ofbandicaps; 4) The Age Discrimination Act of 1975, as
amended (42 use 88. 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 10 nondiscrimination on the hams of drug abuse; 6) The Comprehensive
Alcohol Abuse and Alcoholism Prevention, Treatment and Rebabilitation 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, SSe 523 and 527 (42 USC 55.
69Odd-3 and 29Oee-3), as amended, relating to confidentiality of alcohol and drug
abuse patent records; 8) TItle vm of the Civil Rights Act of 1968 (42 USC s. et seq.),
as amended, relating to nondiscrimination in the sale, nmtal or financing of housing;
9) The Americans with Disabilities Act oft990 (42 USC s. 1201 Note), as maybe
amended from time to time, relating to nondiscrimination on the basis of disability;
10) Any other nondiscriminatioo. provisions in any Federal or state statutes which
may apply to COUNTY and ADS to, or the subject matter ot: this Agreement
12. ASSIGNMENTISUBCONTRACT
ADS shall not assign or subcontract its obligations under this agreement, except in
writing and with the prior written approval of the Board of County Commissioners of
Monroe County, 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 aU of the
provisions of this agreement. Unless ~y provided for therein, such approval shall
in no manner or event be deemed to impose any additional obligation upon the board.
13. COMPLIANCE WIm LAW AND LICENSE REOUlREMMENTS
In providing all services/goods pmsuant to this agreement, ADS shall abide by all
statutes, ordinances, rules and regulations pertaining to, or regulating the provisions of,
such services, including those now in effect and hereinafter adopted. Any violation of
said statutes, ordinances, roles and regulations shall constitute a material breach oftbis
agreement and shall entitle the Board to terminate this Agreement immediately upon
delivery of written notice of termination 10 ADS. ADS shall possess proper licenses to
perform work in accordance with these specifications throughout the term of this
Agreement.
14. DISCLOSURE AND CONFLICT OF IN1EREST
ADS represents that it, its directors, principles and employees, presently have no interest
and shall acquire no interest, either direct or indirect, which would conflict in any manner
with the performance of services required by this Agreement, as provided in Sect
Contract j lOl-555-2566A
5
3052923516
MONROE COUNTY An
02:5333p.m. 04-12-2006
8112
112.311~ et. seq., Florida Statutes. County agrees that officers and employees of the
County recognize and will be required to comply with the standards of conduct for public
officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but
not limited to, solicitation or acceptance of gifts; doing business with one's agency;
unauthorized compensation; misuse of public position, conflicting employment or
contractual relationship; and disclosure or use of certain information.
Upon execution of this Agreement, and thereafter as changes may require, ADS shall
notify the County of any financial interest it may have in any and all programs in Monroe
County which ADS sponsors, endorses, recommends, supervises, or requires for
counseling, assistance, evaluation, or treatment. This provision shall apply whether or
not such program. is required by statute, as a condition of probation, or is provided on a
voluntary basis.
County and ADS warrant that, in respect to itself, it has neither eJDployed nor retained
any company or perso~ 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 otheI consideration contingent upon or resulting
from the award or making of this Agreement. For the breach or violation of the
provision, ADS agrees that the County shaD have the right to terminate 1bis Agreement
without liability an~ at its discretion, to offset from monies owed, or otherwise recover,
the full amount of such fee, commission, percentage, gift. or consideration.
15. NO PLEDGE OF CREDIT
ADS shall not pledge the COlmty~s credit or make it a guarantor of payment or surety for
any contract, debt, obligation, judgment, lien, or any form of indebtedness. ADS further
warrants and represents that it bas no obligation or indebtedness that would impair its
ability to fulfill the terms of this Agreement.
16. NOTICE REOumEMENT
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:
Monroe County Court Adminis1Iator and
1100 Simonton Street
Key West, FL 33040
County Attorney
PO Box 1026
Key West, FL 33040
FOR ADS:
Rob Buell and
Advanced Data Solutions, Inc.
141 Scarlet Boulevard, Suite A
Olsdmar~ Florida 34677
Melody Buell
Advanced Data Solutions. Inc.
141 Scarlet Boulevard, Suite A
Olsdmar, Florida 34677
Contract #lOl-555-2566A
6
3052923516
MONROE COUNTY ATT
02:54:06 p.m. 04-12-2006
9 112
17. TAXES
The County is exempt :from payment of Florida State Sales and Use taxes. ADS shall not
be exempted by virtue of the COlmty's exemption from paying sales tax to its suppliers
for materials used to fulfill its obligations mder this Agreement, nor is ADS authorized
to use the County's Tax Exemption Number in securing such materials. ADS shall be
responsible for any and all taxes, or payments ofwitbholding, related 10 services rendered
under this agreement.
18. TERMINATION
The County may terminate this Agreement with or without cause. The County may
terminate this Agreement for cause with. seven (7) days notice to ADS. Cause shall
constitute a breach of the obligatioDS of ADS to perfonn the obligations enumerated
under this Agreement. Either of COUNTY and ADS hereto may terminate this
Agreement without cause by giving the other party sixty (60) days 'Written notice of its
intention to do so.
19. GOVERNING LAW. VENUE.1NTERPRETATION. COSTS. AND FEE
This Agreement shall be governed by and construed in accordance with the laws of the
State of Florida applicable to Agreements made and to be performed entirely in the State.
In the event that any ca.use of action or administrative proceeding is instituted for the
enforcement or interpretation of this Agreement, the County and ADS agree that venue
will lie in the appropriate court or before the appropriate administrative body in Momoe
County, Florida.
20. MEDIATION
The County and ADS agree that, in the event of conflicting interpretations of the terms or
a term of this Agreement by or between any of them the issue shall be submitted to
mediation prior to the institution of any other administrative or legal proceeding.
Mediation proceedings initiated and conducted pursuant to this Agreement shall he in
accordance with the Florida Rules of Civil Procedure and usual and customary
procedures required by the circuit court ofMomoe County.
21. SEVERABILITY
If any term, covenant, condition or provision oftbis Agreement (or the application
thereof to any circumstance or person) shall be declared invalid or unenforceable to any
extent by a court of competent jurisdiction, the remaining ~ covenants, conditions
and provisions of this Agreement, shall not be affected thereby; and each remaining term,
covenant, condition and provision of this Agreement shall be valid and shall be
enforceable to the fullest extent permitted by law unless the enforcement of the .remaining
terms, covenants, conditions and provisions of1his Agreement would prevent the
accomplishment of the original intent of this Agreement The County and ADS agree to
reform the AgJeement to replace any stricken provision with a valid provision that comes
as close as possible to the intent of the stricken provision.
Contract 4101-555-2566A
7
3052923516
MONROE COUNTY An
02:5441 p.m. 04-12-2006
10 i12
22. ATTORNEY'S FEES AND COSTS
COUNTY and ADS 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 sball be entitled to reasonable
attorney~s fees and attorney's fees, in appellate proceedings. Each party agrees to pay it's
own court costs, investigative, and out-of-pocket expenses whether it is the prevailing
party or not, through all levels of the comt system.
23. ADJUDICATION OF DISPUfES OR DISAGREEMENTS
County and ADS agree that all disputes and disagreements shall be attempted to be
resolved by meet and confer sessions between representatives of each of COUNTY and
ADS. Ifno resolution can be agreed upon within 30 days after1he first meet and confer
session, the issue or issues shall be discussed at a public meeting of the Board of County
Commissioners. If the issue or issues are still not resolved to the satisfaction of
COUNTY and ADS, then any party shall have the right to seek such relief or remedy as
may be provided by this Agreement or by Florida law.
24. COOPERATION
In the event any administrative or legal proceeding is instituted against COUNTY or
ADS relating to the fonnation, execution, perfOIDl8D.Ce, or breach oftbi.s Agreement,
County and ADS 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. County and ADS
specifically agree that Arbitration shall not be entered into under this Agreement.
25. BINDING EFFECT
The terms, covenants, conditions, and provisions of this Agreement shall bind and inure
to the benefit of County and ADS and their respective legal representatives, successors,
and assigns.
26. AUTHORITY
COUNTY and ADS represents and warrants to the other that the execution, delivery and
performance of this Agreement have been duly authQrized by all necessary County and
corporate action, as required by law.
27. CLAIMS FOR FEDERAL OR STATE AID
COUNTY and ADS agree that each shall be, and is. empowered to apply for, seek, and
obtain federal and state funds to further the purpose of this Agreement; provided that all
applications, requests, grant proposals, and funding solicitations shall be approved by
each party prior to submission.
28. PRIVILEGES AND IMMUNITIES
All of the privileges 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
Contract #101-555-2566A
8
3G52;}23516
MONROE COUNTY All
02:5515p.m. 04-12-2006
11 ,'12
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 tenitoriallimits of the County.
29. LEGAL OBLIGATIONS AND RESPONSffiILITIES
This Agreement is not intended to, nor sball 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 perfonnance thereof by any participating entity, in which case
the performance may be offered in satisfaction of the 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
pennitted by the Florida constitution, state statute, and case law.
30. NON.RELIANCE BY NON-PARTIES.
No person or entity shall be entitled 10 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 County and ADS agree
that neither County nor ADS or any agent, officer, or employee of either shall bave 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
31. ATIESTATIONS
ADS agrees to execute such documents as County may reasonably require, to include a
Public Entity Crime Statement, an Ethics Statement, and a Dmg-Free Workplace
Statement.
32. NO PERSONAL LIABILITY
No covenant or agreement contained herein shall be deemed to be a covenant or
agreement of any member,of6.cer, agent or employee of Momoe County in bis 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
accolUltability by reason of the execution of this Agreement
33. EXECUTION IN COUNTERPARTS
This Agreement may be executed in any number of counterparts, each ofwbich shall be
regarded as an original, aU of which taken together sball constitute one and the same
instrument and any of COUNTY and ADS hereto may execute this Agreement by signing
any such counterpart.
Conttact 4/10 1-555-2566A
9
3G52923516
Advanced Data Solutions, Inc.
d'4 A/L
Sign8ture .
DATE: ,/):tltt/
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Print Name :J: 0 ~
Address: ~ )> ~
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MONROE COUNTY An
02:5547 p.m 04.12.2006
34. 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 he8dings are not a part of this
Agreement and will not be used in the interpretation of any provision of this Agreement.
IN WITNESS WHEREOF, COUNTY and ADS hereto have executed this
Agreement on the day and date first written above in four (4) counterparts, ~h ofwmch
sball, without proof or accounting for the other counterparts, be deemed an original
Agreement.
(SEAL)
BOARD OF COUNTY
COMMISSIONE
OF MONROE ~ FLOIDA
By:
Mayor Charles .SQ yO' McCoy
DATE: "'/I f /.,
Witnesses:
~~lG.cxd
DATE:c..--{ -I d- - 0C0
1I0NRoe COUNTY ATTORNEY
--%ROVEO AS TO FORM'
k"'V"I( J) aF~
ATllEENE W. CASSEL
ASSISTANT COUNTY ATTOANey
Date 1~ /2 -/ /J .L
,
Contract 4l101-555-2566A
10
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Public Entitv Crime Statement
"A person of affiliate who has been placed on the .convicted vendor list following a
convection 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 a 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 of36 months from the
date of being placed on the convicted vendor list,"
LOBBYING AND CONFLIer OF INTEREST CLAUSE
SWORN STATEMENT UNDER ORDINANCE NO. 010-1990
MONROE COUNTY, FLORIDA
ETHICS CLAUSE
Guy Robert Bucll of Advanced Data Solutions. Inc. warrants that he/it has not employed,
retained
or otherwise had act on his/its behalf any fonner County officer or employee in violation of
Section 2 of 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 this provision the County
may, in its discretion, terminate this contract without liability and may also, in its discretion,
deduct from the contract or pmchase price, or otherwise recover, the full amount of any fee,
commission, percentage, gift, or consideration paid to the former County officer or employee.
c!~ //!A;/~(.// (
- - -- . (signature)
Date: If ~~.-
STATEOF i\c-~D.u..
COUNTY OF \\\r~utL
PERSONALLY APPEARED BEFORE ME, the undersigned authority,
.~\ .~~ ruLll
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signature (name of individual signing) in the space provided above on this
who, after first being sworn by me, affixed hislher
h;-k
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NOTARY PUBLIC
My commission expires:
PAMiLAL;UMAR..H""~
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OMB - MCP FORM #4
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: June 20. 2007 - MAR
Division: County Administrator
Bulk Item: Yes XX No
Staff Contact Person: Debbie Frederick
AGENDA ITEM WORDING:
Approval of Second Amendment to Advanced Data Solutions, Inc. Agreement #101-555-2567 A for the
purpose of amending the payment section of the Agreement to allow for use of privately or corporately
owned aircraft for transportation of ADS personnel so long as the use conforms to Florida Statute,
Monroe County Code, and is approved by the County Administrator. There is no change in the total
contract amount due to this amendment.
ITEM BACKGROUND:
This Second Amendment will allow the Contractor to use privately or corporately owned aircraft for
transportation of ADS personnel to the Keys, requires the Contractor to charge a fixed rate, to
demonstrate that the rate is lower than the rate of a commercial flight on the same date, to conform to
applicable laws and will require the County Administrator to verify that he has reviewed the relevant
information and determined that this flight is the most efficient and economical means of travel,
considering time of the traveler, impact on the productivity of the traveler, cost of transportation and
per diem subsistence requires (pursuant to Florida Statute 112.061).
PREVIOUS RELEVANT BOCC ACTION:
This is the second amendment to an Agreement #101-555-2567A for IT Consulting, Support and
Service. The Agreement was approved in April 2006. The Agreement was approved in April 2006 and
amended May 16, 2006.
CONTRACT/AGREEMENT CHANGES:
This Amendment will allow the Contractor to use privately or corporate owned aircraft for
transportation of ADS personnel at a fixed rate for each authorized person of $300.00 per person round
trip or $175 per person one way, so long as that amount is less than the same flight would cost on a
commercial carrier, is authorized by the County Administrator, conforms to Florida Statutes and
Monroe County Code, and documentation is provided demonstrating the cost is less than a commercial
carner.
STAFF RECOMMENDATIONS:
Approval
TOTAL COST: $185.435.25
BUDGETED: Yes -L No
COST TO COUNTY: $185.435.25
SOURCE OF FUNDS:
Ad Valorem
REVENUE PRODUCING: Yes No X AMOUNTPERMONTH_ Year
APPROVED BY: County Atty 1# \"l OMB/Purchasing _ Risk Management _
DOCUMENTATION:
DISPOSmON:
Revised 2/05
Included
X
Not Required =
AGENDA ITEM #
I ,c
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Advanced Data Solutions Contract #_ 101-555-2567 A
Effective Date: Retro to 04-19-06
Expiration Date: 9-30-09
Contract Purpose/Description:
Agreement for IT consulting, and support and service. This amendment amends the
payment section ofthe Agreement to allow for use of privately or corporately owned
aircraft for transportation of ADS personnel.
Contract Manager: Debbie Frederick 4741 CAD/Stop 1
(Name) (Ext. ) (Department/Stop #)
for BOCC meeting on 6-20-07 Agenda Deadline: 6-5-07
CONTRACT COSTS
Total Dollar Value of Contract: $ 185,435.25
Budgeted? YeslZl No D Account Codes:
Grant: $
County Match: $
Current Year Portion: $
001-05002-530340-
- -
---
Estimated Ongoing Costs: $
(Not included in dollar value above)
ADDITIONAL COSTS
/yr For:
(eg. maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
Changes
Date In Needed
Division Director YesD No L
Date Out
County Attorney
Comments: ~~~jI"J ~ Cod ~/Z1_
jJt) L:fY\..c.s .fc::>....1'Y' 0'- .st~~r'\-t- inc..J~J.
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OMB FonnRevised 2/27/01 MCP #2
SECOND AMENDMENT TO
AGREEMENT BETWEEN MONROE COUNTY
AND ADVANCED DATA SOLUTIONS, INC.
FOR IT CONSULTING, AND SUPPORT AND SERVICE
(Contract Number lOl-555-2567A)
TillS SECOND AMENDMENT dated the I day of 2007 to the
Agreement between Monroe County ("COUNTY")and Advanced Data Solullons, Inc. ("ADS")
for IT Consulting, and Support and Service, dated the 19th day of April 2006, and to the First
Amendment to that Agreement dated 16th day of May 2006, is for the purpose of amending the
payment section to allow for ADS personnel to fly to the County using private or corporate
aircraft when approved by the County Administrator.
WITNESSETH:
WHEREAS, on April 19 , 2006, the COUNTY and ADS entered into an Agreement for
IT Consulting, Service and Support, said Agreement also referred to as Contract Number 101-
555-2567 A; and
WHEREAS, on May 16 2006 COUNTY and ADS entered into a First Amendment to
that Agreement to correct a scrivener's error in the Agreement; and to clarify the procedure for
payment of certain expenses: and
WHEREAS, COUNTY and ADS want to further clarify the procedure for payment of
certain expenses by allowing ADS to travel on and be reimbursed for air travel on privately or
corporately owned aircraft;
NOW THEREFORE IN CONSIDERATION of the mutual promises contained herein,
the parties hereby agree as follows:
1. Paragraph 3. Payment to ADS is amended to read as follows:
"3. PAYMENTS TO ADS
A. COUNTY'S performance and obligation to pay under this agreement, is
contingent upon annual appropriation by the Board of County Commissioners.
B. COUNTY shall pay in accordance with the Local Government Prompt
Payment Act; payment will be made periodically, but no more frequently than monthly, in arrears
as hereinafter set forth.
C. This Agreement falls under the "piggy back" provisions of Monroe County
Purchasing Policy, therefore all payments shall match payments under the State Contract #973-
561-04-2; and
D. ADS shall submit to County an invoice with supporting documentation
acceptable to the Clerk on a schedule as set forth in the Agreement, invoices shall include
documentation to support expenses (including but not limited to travel, hotel, per diem costs) and
services under price sheets outlined in the State Contract Area 3 and Area 4. Invoices shall
delineate enough information so that the Clerk can match the Job Family, Job Number, Job Title
and hourly rate to the State Contract.
E. The hourly rate paid to ADS shall be, at a maximum, the mid rate figure as
set out on the State price sheets or if no mid rate is available at the next rate below the top Tate,
Page 1 of 3
and at no time shall COUNTY pay the top rate for any service under the State Contract.
Acceptability to the Clerk is based on provisions of the State Contract, generally accepted
accounting principles and such laws, rules and regulations as may govern the Clerk's disbursal of
funds.
F. Total Compensation to ADS under this Agreement shall not exceed One
Hundred and Eighty-Five Thousand and Four hundred Thirty-Five Dollars and 25/cents
($185,435.25). COUNTY and ADS agree that there are outstanding unpaid invoices for privately
or corporately owned airfare which shall, where appropriate, be paid under this Agreement when
accompanied by appropriate documentation and so long as the travel occurred on or after April
19,2006.
G. The expenses such as travel, per diem, meals, mileage, hotel, or airfare shall
be paid according to Florida Statute 112.321, Florida Statute 112.061 and according to Chapter 2
Administration, Article XXVI of the Monroe County Code;
H. Payment for airfare on privately or corporately owned aircraft shall be
reimbursed under the following conditions:
a. the only unpaid invoices for airfare which will be considered for
reimbursement are those incurred on or after the 19th day of April 2006; and
b. only an authorized person under Florida Statute 112.061(2)(e) will be
eligible for reimbursement, each invoice shall include documentation which states the
name of all persons providing work under this contract with a description of work
performed, days worked, hours worked, cost of airfare, and other documentation required
under paragraph 3D above, failure to submit this information will cause the Clerk to
reject that portion of the invoice;
c. County agrees to pay a fixed fee for each authorized person of
$300.00 per person round trip or $175.00 per person one way on a privately or
corporately owned airplane so long as that amount is less than the same flight would cost
on a commercial carrier. If an authorized person flies one way on a private or corporate
aircraft and one way on a commercial carrier, the County will pay no more than the
$300.00 round trip fixed fee cost on a private or corporate aircraft.
d. Pursuant to Florida Statute 112.061(7)(a)2, ADS agrees to make a
determination of the most efficient and economical method available prior to booking air
fare on commercial, privately owned or corporately owned air craft and agrees to abide
by the guidelines as set forth in this Amendment, State law and County Code; and agrees
to include documentation showing that a commercial flight on the same date would have
cost more than the fixed fee set out in this Amendment. This can be accomplished by
attaching a copy of the commercial fare for the same date as the private or corporate
aircraft flight, and attaching it to the invoice; and
e. Nothing in this amendment shall require an authorized person to fly
on a privately or corporately owned aircraft, and it is meant to encourage the most
efficient and economical method available; and
f. When using a privately or corporately owned aircraft ADS shall attach
to each individual invoice submitted for reimbursement a memorandum signed by the
County Administrator or designee authorizing each flight individually and stating that the
flight as submitted is the most efficient and economical means of travel pursuant to
Florida Statute 112.061 (7)(a)2. (Memorandum Form attached as Exhibit A)"
Page 2 of 3
4. Nothing in this Second Amendment shall be construed to change the total contract
amount which shall not exceed One Hundred and Eighty-Five Thousand and Four hundred
Thirty-Five Dollars and 25/cents ($185,435.25), including payment on the outstanding invoices.
5. The remaining terms of the Agreement entered into on the 19th of April, 2006, and the
First Amendment entered into on the 16th of May, 2006, not inconsistent herewith shall remain in
full force and effect.
IN WITNESS WHEREOF COUNTY and ADS hereto have executed this Agreement on the
day and date first written above.
(SEAL)
Attest: DANNY L. KOLHAGE, CLERK
BOARD OF COUNTY
COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:_
Deputy Clerk
By:
Mayor Mario DiGennaro
Date:
Date:
Advanced Data Solutions, Inc.
P/f~
07
Signature J
Date: S' /:lJ ) B '1
I
~~ Eu.t:I/
Print Name .
Address: 1'1' s~'-/l1f /1/1/) Sh A.
t9'tI.s,i.4AI' ~I.. $'1'-')?
Telephone Number:
?J..1~(,J K'-sv.)().
MONROE COUNTY ATTORNEY
PPROVED AS TO ORM:
ATILEENE W. CASSEL
ASSISTANT COUNTY ATTORNEY
Date ~ -"'1-(/7
Page 3 of 3
, .
Suzanne A. Hutton, County Attorney**
Robert B. Shillinger, Chief Assistant County Attorney **
Pedro J. Mercado, Assistant County Attorney
Susan M. Grimsley, Assistant County Attorney **
Natileene W. Cassel, Assistant County Attorney
Cynthia Hall, Assistant County Attorney
,,--..... ..----..
,
BOARD OF COUNTY COMMISSIONERS
Mayor, Malio Di Gennaro, District 4
Mayor Pro Tern Dixie M. Spehar, District 1
George Neugent, District 2
Charles "Sonny" McCoy, District 3
Sylvia J. Murphy, District 5
O~~y ~o~!;!~E-
(305) 294-4641
Office of the County Attorney
PO Box 1026
Key West, FL 33041-1026
(305) 292-3470 - Phone
(305) 292-3516 - Fax
** Board Certified in City, County & Local Govt. Law
MEMORANDUM REGARDING USE
OF PRIVATE OR CORPORATE
AIR TRANSPORTATION FOR ADS
DATE:
TO: Clerk of Courts
FROM: County Administrator
Please be advised that I hereby authorize ADS to use a private or corporate air carrier to travel on the _
day of , 20_, to Monroe County to provide services to the County under the various contracts
between Monroe County and ADS. Pursuant to Florida Statute 112.061(7)(a)2, I have reviewed the relevant
information and determined that this flight is the most efficient and economical means of travel, considering
time of the traveler, impact on the productivity of the traveler, cost of transportation, and per diem
subsistence requires.
Signature of County Administrator or his designee
Date:
EXHIBIT A
Revised on 5/17/2007
3052~~:\5!6
MONROE COUNTY ATT
10:09.00am. 04-12-2006
2 ;10
AGREEMEIfT BIliT\fdI' MOllROB COUNTY
AND ADVAlICED DATA SOLUTIO.a, life.
FOR IT COBBULTlIfG AIm IT SUPPORT AIID SERVICE
(Contract Number lOl-555-2567A)
TInS AGREEMENT, made and entered into this 1'IJt...da.y of April, 2006, by and between
MONROE COUNTY, a political subdivision of the State of Florida f'COUNTYj, whose
address is 1100 Simonton Street, Key West, Florida 33040, and Advanced Data
Solutions, Inc., a Florida Corporation. whose address is 141 Scarlet Boulevard. Suite A,
Oldsmar. Florida 34677 ("ADS").
WHEREAS. ADS and COUNTY entered into a previous agreement identified as
"Professional Services Agreement between Monroe County and Advanced Data
Solutions, Inc., contract number 101-555-2567"' ("Contract Number 10l-555-2567"),
which was entered into on the16th day of November. 2005; and
WHEREAS, said Contract Number 101-555-2567 has proven to be problematic
due to numerous difficulties and ambiguities in interpretation of the terms, clauses
and Exhibits; and
WHEREAS, ADS and COUNTY mutually agree to terminate Contract Number
101-555-2567; and
WHEREAS, ADS has entered into a contract with the State of Florida, known as
State Contract '973-651.04-02, entitled IT Consulting Services ('"State Contract"). and
which can be located at MyFlorida.com; and
WHEREAS, ADS is a qualified vendor under Project Area. 3 and Project Area 4 of
the State Contract. and
WHEREAS, ADS and COUNTY agree to enter into this Agreement to provide IT
support and service to the various County departments relating to the mechanical
aspects of IT applications and ;
NOW THEREFORE, in considem.tion of the mutual covenants and provisions contained
herein, the COUNTY and ADS agree as follows: That COUNTY and ADS hereto, for the
consideration hereinafter set forth. mutually agree as follow:
I. THE AGREEMENT
The Agreement consists of this document and its exhibits only. Any other Agreements
between ADS and COUNTY are separate independent agreements and shall be read,
interpreted ~d enforeed as separated independent agreements.
This Agreement replaces that Contract entered into between ADS and COUNTY on the
16th day of November, 2005, also known as contract number 101-555-2567, said
contract being terminated by mutual agreement of ADS and the COUNTY.
2. SCOPE OF THE WORK
ADS will provide IT support and service to the county wide applications end
infrastructure which support the County's IT related platforms and hardware. This
Agreement relates to the mechanical aspects of IT, including installation, design and
delivery of the actual systems.
Contract tllOl-5S5-2567A
1
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MONROE COUNTY ATT
10:09'32 a.m. 04-12-2006
ADS will provide 1 to 2 employees two times a month. ADS will also provide the County
Administrator with a monthly report which will detail progress in the County IT
Department, the goal is for the County IT Department to become self sufficient. The
Report shall be turned in within 30 days of the last day of each month, unless written
extension of the time for submission is given by the County Administrator prior to the
time the report is due.
3. PAYMENTS TO ADS
A. COUNTY'S performance and obligation to pay under this agreement, is
contingent upon annual appropriation by the Board of County Commissioners.
B. COUNTY shall pay in accordance with the Florida. Prompt Payment Act;
payment will be made periodically, but no more frequently than monthly, in arrears as
hereinafter set forth.
c. This Agreement falls under the "piggy back" provisions of Monroe Coun1y
Purchasing Policy. therefore all payments shall match payments under the State
Contract #973-651-04-02; and
D. ADS shall submit to County an invoice with supporting documentation
acceptable to the Clerk on a schedule as set forth in the Agreement, invoices shall
include documentation to support expenses (including but not limited to travel, hotel,
per diem costs) and services under price sheets outlined in the State Contract Area 3
and .Area 4. Invoices shall delineate enough information so that the Clerk can match
the Job Family, Job Number, Job Title and hourly rate to the State Contract.
E. The hourly rate paid. to ADS shall be; at a maximum, the mid rate figure as
set out on the price sheets or if no mid rate is available at the next rate below the top
rate, and at no time shall COUNTY pay the top rate for any service under the State
Contract. Acceptability to the Clerk is based on provisions of the State Contract,
generally accepted accounting principles and such laws, rules and regulations as may
govern the ClerICs disbursal of funds.
F. Total Compensation to ADS under this Agreement shall not exceed One
Hundred and Eighty-Five Thousand and Four hundred Thirty-Five Dol1ars and
251 cents ($185,435.25~. COUNTY and ADS recognize that there are outstanding
invoices which should be paid under the previous contract, end agree that these $hall
be submitted to the County Attorney with back-up documentation for review and sbaJl,
where appropriate, be paid under this Agreement: however, the total contract amount
shall not exceed. One Hundred and Eighty-Five Thousand and Four hundred Thirty-Five
Dol1ars and 25/cents ($185,435.25), including any payment on the outstanding
invoices.
4. TERM OF AGREEMENT
The term of this Agreement commences on the date of execution of the Agreement by all
the parties, 2006, and ends on the 30th day of September. 2009 unless terminated
earlier under paragraph 18 of this Agreement or the total compenaation. bas been paid
whichever comes first.
5. ACCEPfANCE OF CONDITIONS BY ADS
ADS has, and shall maintain throughout the tenn of this Agreement, appropriate
licenses; and shall at all times remain an approved vendor under State Contract
number 973-561-04-2, Project Area 3 and Project Area 4. Proof of such licenses and
approvals shall be submitted to the County upon request.
The ADS agrees that the County Administrator may designate representativets) to visit
the ADS facility(ies) periodically to conduct random open file evaluations during the
normal business hours.
Contract IIOl-S55-2567A
2
. ....:..::"'..:..:::.:..'...
3:10
30529~~5~ 6
MONROE COUNTY ATT
10:1011 a.m. 04-12-2006
4,'10
The ADS has, and shall maintain throughout the term of this contract, appropriate
licenses and approvals required to conduct its business, and that it will at all times
conduct its business actiVities in a reputable manner. Proof of suclllicenses and
approvals shall be submitted to the County upon request.
6. FINANCIAL RECORDS OF ADS
ADS shall maintain all books, records, and documents directly pertinent to performance
under this Agreement in accordance with generally acrepted accounting principles
consistently applied. 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
yeats fonowing the termination of this Agreement. If an auditor employed. by the
County or Clerk determines that monies paid to ADS pursuant to this Agreement were
spent for purposes not authorized by this Agreement, the ADS shall repay the monies
together with interest calculated pursuant to Sec. 55.03, FS, running from the date the
monies were paid to ADS.
7. PUBLIC ACCESS
The County and ADS shall allow and permit reasonable access to, and inspection of, all
documents, papers, letters or other 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 ADS in conjunction with this .Agreement; and the County shall have the
right to unilaterally cancel this Agreement upon violation of this provision by ADS.
8. HOLD HARMLESS AND INSURANCE
ADS 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. anc:i expenses (including attorney's feesl which arise out
of, in connection with, or by reason of services provided by ADS occasioned by the
negligence~ errors, or other wrongful act of omission of ADS, its employees, or agents.
The extent of liability is in no way limited to, reduced, or lessened by the insurance
requirements contained elsewhere within this agreement. Failure of ADS to comply with
the requirements of this section shall be cause for immediate termination of this
agreement.
Prior to execution of this agreement, ADS shall furnish the COUNTY Certificates of
Insurance indicating the minimum coverage limitations in the following amounts:
WORKERS COMPENSATION AND EMPLOYER'S LIABILTlY INSURANCE.
Where applicable, coverage to apply for all employees at a minimum statutoty limits
as required by Florida Law.
COMPREHENSIVE AUfOMOBILE VEmCLE LIABILITY INSURANCE:
Motor vehicle liability insurance, including applicable no--fault coverage, with limits of
liability of not less than $1.000,000.00 per occurrence, combined single limit for Bodily
Injury Liability and Property Damage Liability. Coverage shall include all owned.
vehicles, all non-owned vehicles, and all hired vehicles.
COMMERCIAL GENERAL UABIUTY. Commercial general liability coverage with
limits of liability of not Jess than $1.000,000.00 per occurrence combined single limit
for Bodily Injury Liability and Property Damage Liability.
Con1ract #101-555-2567 A
3
3052;:;23516
MONROE COUNTY ATT
10:1049a.m 04-12-2006
5 ii0
PROFESSIONAL UABILlTY. ADS shall furnish professional liability errors and
omissions insurance coverage in an amount not less than $1,000,000.00, which covers
its employees in executive and or managerial positions with the company.
CERTIFICATES OF INSURANCE. Original Certificates of Insurance shall be
provided to the COUNTY at the time of execution of this Agreement and certified copies
provided if requested. Each policy certificate shall be endorsed with a provision that not
less than thirty (30) calendar days' written notice shall be provided to the County before
any policy or coverage is canceled or restricted. The underwriter of such insurance shall
be qualified to do business in the State of Florida. If requested by the County
Administrator, the insurance coverage shall be primary insurance with respect to the
County, its officials, employees, agents and volunteers.
9. NON-WAIVER OF IMMUNI'lY
Notwithstanding the provisions of Sec. 286.28. Florida Statutes, the participe:tion of
County and ADS 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.
10. INDEPENDENT CONTRACTOR
At all times and for all purposes under this agreement ADS is an independent
contractor and not an employee of the Board of County Commissioners of Monroe
County. No statement contained in this agreement shall be construed so as to find ADS
or any of his employees, subcontractors, servants, or agents to be employees of the
Board of County Commissioners of Monroe County.
11. NONDISCRIMINATION
County and ADS agree that there will be no discrlmination against any person, and it is
expressly understood that upon a determination by a court of competent jurisdiction
that discrimination has oCCUlTed, this Agreement automatically terminates without any
further action on the part of any par1;y, effective the date of the court order. County or
ADS agree to comply with all Federal and Florida statutes. and a1l1oce1 ordinances. as
applicable, relating tQ nondiscrimination. These include but are not limited to; 1) Title
VI of the Civil Rights Act of 1964 (PL 88-352) which proht'bits discrimination on the
basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972,
as amended (20 USC S8. 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
use s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age
Discrimination Act of 1975. as amended (42 USC SSe 6101- 6107) which prohibits
discrimination on the basis of age; 5) The Drug Abuse Office and T.reatment Act of 1972
(PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6)
The Comprehensive Akohol Abuse and Akoholism 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, as.
523 and 527 (42 USC 88. 69Odd-3 and 290ee-3). as amended, relating to confidentiality
of alcohol and drug abuse patent records; 8) TItle vm of the Civil Rights Act of 1968 (42
use s. et seq.), as amended, relating to nondiscrimination in the sale. rental or
fmancing of housing; 9) The Americans with Disabilities Act of 1990 (42 use 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 COUNTY and ADS to. or the subject matter of, this
Agreement.
Contract #lOl.555-2567A
4
30529"~1:.16
MONROE COUNTY An
10:1132a.m 04-12-2006
6 i10
12. ASSIGNMENT I SUBCONTRACT
ADS shall not assign or subcontract its obligations under this agreement, except in
writing and with the prior v.Titten approval of the Board of County Comntissioners of
Monroe County and ADS, which approval shall be subject to such conditions and
provisions as the Board may deem necessary. This paragraph shaD. be incorporated by
reference into any assignment or subcontract and any assignee Or subcontractor shall
comply with all of the provisions of this agreement. Unlese e1q)ressly provided for
therein, such approval shall in no manner or event be deemed to impose any additional
obligation upon the board.
13. COMPtJ,ANCE WITH lAW AND LICENSE REOillImMMENTS
In providing all services{ goods pursuant to this agreement, ADS shall abide by all
statutes, ordinances, rules and regulations 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 Agreement ADS shall
possess proper licenses to perfonn work in accordance with these specifications
throughout the term of this Agreement.
14. DISCLOSURE AND CONFLICT OF INTEREST
ADS represents that it, its directors, principles and employees, presently have no
interest and shall acquire no interest, either direct or indirect, which would conflict in
any manner with the performance of services required by this contract, as provided in
Sect. 112.311, et. seq., Florida Statutes. County agrees that officers and employees of
the County recognize and will be required to comply with the standards of conduct for
public officers and employees as delineated in Section 112.313, Florida Statutes,
regarding, but not limited to, solicitation or acceptance of gifts; doing business with
one's agency; unauthorized compensation; misuse of public position, conflicting
employment or contractual relationship; and disclosure or use of certain information.
Upon execution of this contract, and thereafter as changes may require, the ADS shall
notify the County of any financial interest it may have in any and all programs in
Monroe County which the ADS sponsors, endorses, recommends, supervises, or
requires for counseling. assistance, evaluation, or treatment. 1bis provision shall apply
whether or not such program. is required by statute, as a condition of probation, or is
provided on a voluntary basis.
The Count;y and ADS 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 ~ 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 of the provision, the ADS agrees that the County sball have the right to
terminate this Agreement without liability and, at its discretion, to offset from roonies
owed, or otherwise recover, the fu1l amount of such fee, commission, percentage, gift, 01'
consideration.
15. NO PLEDGE OF CREDIT
ADS shall not pledge the Countyts credit or make it a guarantor of payment or surety
for any contract, debtt obligation, judgment, lien, or any form of indebtedness. ADS
further warrants and represents that it has no obligation or indebtedness that would
impair its ability to fulfill the terms of this contract.
Contract #lOI-55S-2567A
5
30529i3!il.1j
....... .........n_ .___..... ....~_
MONROE COUNTY An
10.12:13a.m. 04-12-2006
7110
16. 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 certifi.ed mail, returned
receipt requested, to the following:
FOR COUNTY
Monroe County Court Administrator
1100 Simonton Street
Key West, FL 33040
and County Attorney
PO Box 1026
Key West, FI. 33041-1026
FOR ADS:
Rob Buell
Advanced Data Solutions, Inc.
141 Scarlet Boulevard, Suite A
Oldsmar. Florida 34677
and Melody Buell
Advanced Data Solutions, Inc.
141 Scarlet Boulevard, Suite A
Oldsmar, Florida 34677
17. TAXES
County is exempt from payment of Florida State Sales and Use taxes. ADS shall not be
exempted by virtue of the County's exemption from paying sales tax to its suppliers for
materials used to fulfill ita obligations under this contract, nor is ADS authorized to use
the County's Tax Exemption Number in securing such materials. ADS shall be
responsible for any and all taxes, or payments of withholding, related to services
rendered under this agreement.
18. TERMINATION
The County may tenninate this Agreement with or without cause. The County may
terminate this Agreement for cause with seven (7) days notice to ADS. Cause shall
constitute a breach of the obligations of ADS to perform the obligations enumerated
under this Agreement. Either of COUNTY and ADS hereto may terminate this
Agreement without cause by giving the other party sixty (601 days written notice of its
intention to do so.
19. 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 applicable to Agreements made and to be performed entirely in the
State. In the event that any cause of action or administrative proceeding is instituted
for the enforcement or interpretation of this Agreement, the County and ADS agree that
venue will1ie in the appropriate court or before the appropriate administrative body in
Monroe County. Florida.
20. MEDIATION
The County and ADS agree that, in the event of conflicting interpretations of the tenns
or a ten:Q of this Agreement by or between any of them the issue shall be submitted to
mediation prior to the institution of any other administrative or legal proceeding.
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.
Contract 1l01-555-2567A
6
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MONROE COUNTY All
10:12:43 a.m. 04-12-2006
8 {10
21. SEVERABILl'IY. If any term, covenant, condition or provision of this Agreement
(or the application thereof to any circumstance or person) shall be declared invalid or
unenforceable 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 shall 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 ADS 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.
22. A1TORNEY'S FEES AND COSTS
COUNTY and ADS 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 and attorney's fees, in appellate proceedings. Each party agrees to pay
its own court costs, investigative, and out-or-pocket expenses whether it is the
prevailing party or not. through all levels of the court system.
23. ADJUDICATION OF DISPUTES OR DISAGREEMENTS.
County and ADS agree that all disputes and disagreements shall be attempted to be
resolved by meet and confer sessions between representatives of each of COUNTY and
ADS. 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 Conunissioners. If the iS$Ue or issues are still not resolved to the satisfaction of
COUNlY and ADS, then any party shall have the right to seek such relief or remedy as
may be provided by this Agreement or by Florida law.
24. 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 ADS 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. County
and ADS specifically agree that no party to this Agreement shall be required to enter
into any arbitration proceedings related to this Agreement.
25. BINDING EFFECT
The terms, covenants. conditions, and provisions of this Agreement shall bind and
inure to the benefit of County and ADS and their respective legal representatives,
successors, and assigns.
26. AUTHORITY
Each party represents and warrants to the other that the execution, delivery and
performance of this Agreement have been duly authorized by all necessaIy County and
corporate action, as required by law.
27. CIAIMS FOR FEDERAL OR STATE AID
ADS and County agree that each shall be, and is, empowered to apply for, seek, and
obtain federal and state funds to further the purpose of this Agreement; provided that
all applications, requests, grant proposals, and funding solicitations shall be approved
by each party prior to submission.
Contract flOl-555-2567A
7
. 30529231516
MONROE COUNTY An
10:13.21 a.m. 04-12-2006
9 110
28. PRIVILEGES AND IMMUNITIES
All of the privileges and immunities from liability, exemptions from laws, ordinances,
and rules and pensions and relief, disability. workers' compensation, and other benefits
whi~h 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.
29. LEGAL OBLIGATIONS AND RESPONSIBILITIES
This Agreement is not intended to, nor shall it be construed as, relieving ~y
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, in which case the performance may be offered in saqsCaction of the obligation or
responsibility. Further, this Agreement is not intended to, nOT sball it be construed as,
authorizing the delegation of the constitutional OT statutory duties of the County, except
to the extent permitted by the Florida constitution, state statute, and case law.
30. NON-REUANCE BY NON-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 ADS
agree that neither the County nor the ADS or any agent, officer, or employee of either
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.
31. ATrESTATlONS
ADS agrees to execute such documents as the County may reasonably require, to
include a Public Enti~ Crime Statement, en Ethics Statement, and a Drug-Free
Workplace Statement.
32. NO PERSONAL LlABIlJTY
No co~t 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.
33. EXECUTION IN COUN'l'ERPARTS
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 COUNlY and ADS hereto may execute this Agreement by singing
any such counterpart.
34. SECTION HEADINGS
Section headings have been inserted in this Agreement as a matter of convenience for
Contract 41101-555-2567 A
8
305292~.5j 6
MONROE COUNTY ATT
10: 13.56 a.m. 04-12-2006
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.
IN WITNESS WHEREOF COUNTY and ADS hereto have executed this Agreement on
the day and date first written above in four (4) counterparts, each of which shall,
without ptoof or accounting for the other counterparts, be deemed an original contract.
{seal}
Attest:
Danny L. Kohlage, Clerk
Board of Coun
Of Monroe Co
. ssioners
.~~
Deputy Cler.k I ,
Date: "I".
For Advanced Data Solutions, Inc.
Witnesses for
Advanced Data Solutions, Inc.
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Signature
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Date: '1/ t1./Pf-
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Signature
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MONROE COUNTY ATTORNEY
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Public Entity Crime Statement
"A person of affiliate who has been placed on the convicted vendor list following a
convection 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 con1ract with a public
entity for the construction or repair of a public building or a 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,"
LOBBYING AND CONFLICt OF INTEREST CLAUSE
SWORN STATEMENT UNDER ORDINANCE NO. 016-1990
MONROE COUNTY, FLORIDA
Ennes CLAUSE
Guv Robert Buell of Advanced Data Soluuons. Inc. warrants that he/it has not employed,
retained
or otherwise had act on his/its behalf any fonner County officer or employee in violation of
Section 2 of Ordinance No. 10-1990 or any COWlty officer or employee in violation of
Section 3 of Ordinance No. 10-1990. For breach or violation of this provision the COWlty
may, in its discretion, termirnite this contract without liability and may also, in its discretion,
deduct from the contract or purchase price, or otherwise recover, the fun amoWlt of any fee,
conunission, percentage, gift, or consideration paid to the fanner County officer or employee.
~ Mhj(~
.- '(signature)
Date: 4.)4~j, r'
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STATE OF .i\.~~ ~.~
COUNTY OF ~\lli \~L
PERSONALLY APPEARED BEFORE ME, the undersigned authority,
~~ ~~~ ~l\. ~_
who, after first being sworn by me, affixed hislher
signature (name of individual signing) in the space provided above on this
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day of
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NOTARY PUBLIC
My commission expires:
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OMB - MCP FORM #4
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: June 20_ 2007 - MAR
Division: County Attorney
Bulk Item: Yes XX No
Staff Contact Person: Pedro Mercado
AGENDA ITEM WORDING:
Authorization to institute collection proceedings and/or enter settlement negotiations with Jerome
Pfahning in Code Enforcement Case No. CE05020266.
ITEM BACKGROUND:
On March 3, 2005 Mr. Pfahning was cited for violation of County Code 15.6-21 for failing to connect
to the Stock Island Central Sewerage System. The case was brought before the Special Magistrate on
September 29, 2005. The Special Magistrate found a violation and ordered that the property be brought
into compliance by October 20, 2005; otherwise fines of $100.00 per day would begin to run on that
day. As of March 31,2007, the property has not been brought into compliance and fines and costs total
$52,700.
PREVIOUS RELEVANT BOCC ACTION:
5/16/2007 BOCC continued to 6/20/2007
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATIONS:
Approval
TOTAL COST:
BUDGETED: Yes
No
COST TO COUNTY:
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes
No
AMOUNTPERMONTH_ Year
APPROVED BY: County Atty...1L- OMBlPurchasing_ RiskManagement_
DOCUMENTATION:
Included
Not Required XX
DISPOSITION:
AGENDA ITEM #
Revised 2/05
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: June 20_ 2007
Division: County Attornev
Bulk Item: Yes XX No
Staff Contact Person: Pedro Mercado
AGENDA ITEM WORDING:
Authorization to institute collection proceedings and/or enter settlement negotiations with Alice
Pastuck Colpetsir in code enforcement case CE06020191.
ITEM BACKGROUND:
On November 1, 2005 Ms. Colpetsir was cited for violation of County Code 6-4, unsafe building, due
to the damage her mobile home suffered as a result of Hurricane Wilma flooding. The case was
brought before the Special Magistrate on July 27, 2006, at which time she was found in violation. The
Special Magistrate set compliance for August 25, 2006, after which a fine would begin to run in the
amount of $150.00 per day. The case has not been brought into compliance and as of April 26, 2007,
the fines and costs have accrued to a total of$36,718.50 and are continuing to accrue at $150 per day.
PREVIOUS RELEVANT BOCC ACTION:
None
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATIONS:
Approval
TOTAL COST:
BUDGETED: Yes
No
COST TO COUNTY:
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes
No
AMOUNTPERMONTH_ Year
APPROVED BY: County Atty _ OMB/Purchasing _ Risk Management_
DOCUMENTATION:
Included
Not Required XX
DISPOSITION:
AGENDA ITEM #
Revised 2/05