Item F2
BOARD OF GOVERNORS FIRE AND AMBULANCE DISTRICT
AGENDAITEMSU~RY
Meeting Date: October 17, 2007
Bulk Item: Yes No X
Division: Emergency Services
Department: Fire Rescue
Staff Contact PersonlExt: Camille Dubroff X 6010
AGENDA ITEM WORDING: Request approval from the Board to terminate the service agreement
between Palm Beach Credit Adjustors Incorporated d/b/a Focus Financial Services and Monroe County
Board of County Commissioners and the Board of Governors for the Lower and Middle Keys Fire and
Ambulance District effective midnight October 17, 2007 and enter into a new service agreement
between Gila Corporation d/b/a Municipal Services Bureau and Monroe County Board of County
Commissioners and Monroe County Board of Governors Fire and Ambulance District 1 effective
October 18,2007 for the collection of outstanding ground and air ambulance account receivable
balances.
ITEM BACKGROUND: Palm Beach Credit Adjustors Inc. d/b/a Focus Financial Services has been
our ambulance collection agency since April 17, 1996. On December 8, 2006, Focus Financial
delivered a letter that stated that they no longer will be available to provide collection services due to
the cost effectiveness of percentage of returns. (See attachment) The collections percentage average is
5% recovery from placement which just covers the postage, credit reporting and phone contacts. In the
interim, while we were locating a new agency to take their place, Focus Financial continued to work
the existing accounts but no longer accepted any new account business from us.
The average annual cost of this contract has been $3202.79 per year. As per the purchasing policy, two
(2) or more written price quotes and proposals have been obtained. Municipal Services Bureau was
selected due to cost effectiveness and quality of services required for our type of collections.
PREVIOUS RELEVANT BOGACTION: On April 17, 1996 the Board granted approval and
authorized execution of an Agreement between Monroe County and Palm Beach Credit Adjustors Inc.
d/b/a Focus Financial Services to assist in collection of delinquent Emergency Medical Services (EMS)
accounts receivables for District 1 ambulance service.
CONTRACT/AGREE:MENT CHANGES: Termination of Palm Beach Credit Adjustors Inc. d/b/a
Focus Financial service agreement effective midnight October 17,2007 and approval to enter into a
new service agreement with Municipal Services Bureau effective October 18, 2007.
STAFF RECOMMENDATIONS: Staff recommends terminating the Palm Beach Credit Adjustors
Inc. d/b/a Focus Financial agreement and entering into a new agreement with Municipal Services
Bureau.
TOT AL COST: $3,300.00/year * BUDGETED: Yes X No
*Estimate based on average amount paid over the past four (4) years to our previous collection agency
for ground ambulance collections.
COST TO COUNTY: same as above.
SOURCE OF FUNDS: 13001-530-340 and 11001530340
REVENUE PRODUCING: Yes~o AMOUNT PER MONTH Year
APPROVED BY: County Atty ~ OMBlPurchasing ../ Risk Management ~
DOCU:MENTATION: Included X Not Required
DISPOSITION: AGENDA ITEM #
Revised 8/06
MONROE COUNTY BOARD OF GOVERNORS FIRE AND AMBULANCE DISTRICT
CONTRACT SUMMARY
Contract with:
Municipal Services
Bureau
Contract #_
Effective Date:
Expiration Date:
10/1812007
09/30/2008
6010
(Ext. )
Contract Purpose/Description:
Contract with Municipal Services Bureau for the collection of ground and air ambulance
outstanding account receivable balances.
Contract Manager: Camille Dubroff
(N ame)
for BOG meeting on
10/1712007
Emen~ency Services 1 Stoo 14
(Department/Stop #)
Agenda Deadline: 1010212007
CONTRACT COSTS
FY 08- $3,300.00
FY 09 - $3,300.00
FY 10- $3,300.00
Account Codes: 13001530340 - PY 08IFY 09IFY 1O-$1650.00/year
11001 530 340 - PY 08IFY 09IFY 10 -$ 1 650.00/year
Total Dollar Value of Contract $
Budgeted? Yes[Z]
Grant: $
County Match: $
NoD
Current Year
Portion: $
- - - -
~----
ADDITIONAL COSTS
Estimated Ongoing Costs: $_/yr For:
(Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
Division Director
Changes
Date In Needed
YesD NoD
lO,r~'"'VJYesD NoD
Risk Manag;;..,ent
O.M.B.lPur~sing
~YeSDNO~
~f YesDNo[f]
County Attorney
Comments:
OMB Form Revised 2/27/01 MCP #2
C1~1.M
Date Out
rz-~r-O?
D rd. tS1
(0
,...,r--16
8UBSCPJPTKOl\j AGP.EJElvlliNT FOR SERViCES
nons AGPJ3EI\/ffil\!T~ made Hns -1..1- day of April X 996~ by and between PALM
REACH CPJ3DIT ADJUSTORS~ Il\TCOPJ?>ORth TED doing business as POCUS
FINANCIAL SERVICES~ a Florida corporation with ias principal place of business at
500 Gulfstream Boulevard Suite 209 Dekay Beach, Florida 33483 (hereinafter refened to
as "Agency"), and l\10NROE COUl\fTY BOARD OF COUNTY COMMISSIONERS
AND THE BOARD OF GOVER.1\TORS FOR THE LOWER AND MIDDLE KEYS FIRE
AND AMBULANCE DISTRICT (hereinafter referred to as IICHentn).
VVITI\TESSETH
WHEREAS, Client wishes to avail itself of the services of FOCUS FINA!\TCIAL,
Incorporated an iIldependent collector for assistance ill collecting various uncollected
accounts receivable which it now has or \viU in the future have, and,
'WHEREAS, Agency wishes to prQvide the necessary s~rvices as hereinafter more
specifically enumerated to the Client for said accounts receivable:
NOW THEREFORE, in consideration 'of the promises and the mutual covenants
and agreements contained hereh"'1, the parties agree as foUows:
'\,
L GENERAL PROVISIONS
1. Agency agrees to work diligently and to put forth a professional effort to coUeet
all monies due to Client on accounts receivable which are placed into the hands of the
Agency.
2. Agency agrees to familiarize itself, its agents", servants, and employees with the
provisions aillie Florida Consumer Collection Practices act, Sees. 559.55-559.785, F.S.,
and aU other applicable state laws. the Fair Debt Collection Practices Act ( 15 USCA
1692), the Truth and Lending Act, 15 USCA Sec. 1601. et seq., the Fair Credit Reporting
Act, 15 USCA Sec. 1681, et seq., l:ll1d all the United States Code, including but not
limited to, debtor-creditor relations, creditor's remedies, harassment, invasion of privacy,
and m..unerous other torts. Agency further agree3 to abide by 8111d not violate any ten.ns or
provisions of said statutes and not to commit any torts or violate the civil rights of any
person in its attempt to properly coHect said accounts.
:3. Agency agrees to indemnify and save harrllless and defend CHent at its Ov...'11
expense from any and every claim, demand, suit, loss, damage, cost and expense which
Client may hereafter suffer or incur by reason of a claim asserted against Client as a result
of Agency's acts, omission, or conduct under this agreement.
--
I ~
c.L Agct1CY ",viR! s1..lhrnhtoJ CHen:i: on OR' befCPJi.'<:;;~h!e R 5dll day of each lTI(i1.DiWh during the
. ~ i'" . ':': C I ''2 ., .f"4] i! ,. -,~ -'] . -;; ~ /I "". '1. ,'-'
ic~'hl .01." OillXS 8gn;:'~rn;;:om:~z1e SffiiUS 0j[ at~ a';:;ot{jii1l(o~.K5 ~{j1RReGK<.ea OK!! cm.i'ling OUJ:.e pIi.'llOf nHonUl or
Agency for CHeJl1t This repmt "VviH lndud@ ~he fbHm'l.r!.Jl1g iIrrl'oR1118iikm:
(a) Debtor's Narne
(b) Debtor's Account Number
( c) .Amount paid on the account during the preceding mon~h
including amounts received by cHent as reported to Agency
(d) Unpaid balance of account
(e) Amount of commission due Agency
5. Agency will remit to Client .on or before the 15th of each month, llie proceeds~ of
ALL monies collected by it on Client's accounts receivable during tbe preceding month.
6. Agency and Client covenant and agree that Client may receive payments on
accounts receivable held by Agency, whether over the counter or by mail, and shall not be.
required to refuse any such payment Client shall notify Agency of all such monies
received on a daily basis.
7. Client will remit to Agency within thirtY (30) days of receipt of Agency monthly
statement, the total mnount of commission due 81..nd sfall be computed as foHows:
24% of total momes coHect,::d on regulrul' collection accmURS which are
less than 365 days since date of-service.
33% of tot a! monies collected on regular collection aCC01}J1ts which are
greater than 365 days since date of service.
35% of total monies collected on accounts referred to art attorney for
legallett~r service. '0
50% oftotal monies collected on accounts referred to an attorney. Agency
will pay all custol11al'Y court c~sts and attorneys' fees.
8. Agency shall maintain records in such a manner t.lsat it CElll provide to the Client9
witl1in a reasonable length of time, the present status of and the collection efforts
expended on Ol.!."'1Y and/or aU accounts receivable held by it for Client The Agency shaH
hire at their expense an independent certified public accountant and provide to the client
an audit report by the first day of August within each twelve month pedod the agreement
is in place. Client reserves the right to audit all financial records of the Agency, to assure
Client that proper reporting and remittance is being made. Said auditing may be made by
Client's personal or independent accountants at the sole expense_~f ~lient.
"-~ ;Clii.ell'~ ~\~cognizililg (r~e li11I)Ori:a.ilce of '~lIte a(~CFJ1IaCJl {oil ilie lli]itil]j11l&~ioR1t c-~r'!:if~es tllat
aU h1formadon gi"veni.c, Agency ns i!iue and COfi",ect Once a blemish is placed on a credit
report the CHent 'win not be able '~o request ~hat dl'~ Agency ii."emoves the blemish nWl1 ihe
credit report. If the Client adjusts an account after a blemish has been placed on a credit
report, the Agency will indicate that the aCCOtLi1t has been paid and satisfied.
10. Agency shaH make no settlement foi' less that the total principal amount owed
without the prior approval of Client.
11. Agency will place accounts with an attorney for legal action, only with the written
authorization of Client.
12. Client will only place those accmmts with Agency that have not been previously
placed with any other agency or collection service other then their own in~house billing
servIce.
13. Client agrees that once an account is placed with Agency~ Agency is to receive all
commissions due in the event that monies are conected. Agency agrees that if the
continued collection of am account would damage the reputation of the Client or if suH is
seriously threatened or filed, the Client m.ay request; in writing, the immediate return of
the account. '
n. RELATIONSHIP OF PARTIES
14. Each of the parties to the Agreement are independent conn-actors and nothing
contained in this Agreement shall be construed as creating a joint venture, partnership,
principal-agent or mutual agency relationship between or among the parties hereto and no
party shaH, by vhtue of the Agreement, have a right or "'power to create any obligation,'
express or implied, on behalf of any other party. No party, nor any employee of a party,
shall be deemed to be an employer or employee of another party by virtue of this
agreement.
nt ENTiRE AGRE,EMENT
15.; This agreement shaH constitute :the entire agreement between the parties and any
prior understanding or representation of any kind preceding the date of the Agreement
shall not be binding upon either party except to the extent incorporated in this agreement.
IV. MODIFICATION OF AGREEMENT
16. &lY modification of this agreement or additional oblig-ation assumed by either
party in cOl1..nection "vith this agreement shall be bind.ing only if placed in wdting and
signed by each party Of an authorized repR'esentatR-tle of each party.
, \
V, l^<TO VifAKVER
17. TIl'z raHul'e of either p:fIX'i:y '~iO this ilg1'~emerrt to RHsist upon the peii'fm1TIBll:ce of a!lY
of the tenns and conditions of this Agreement, or the waiver of any breach of any of the
teims lliid conditions of this Agreement, shall not be construed as thereafter waiving any
such terms atid conditions, aU of which shaH continue and remain in fun force and effect
as ifno such forbearance or waiver had oecuned.
VI. EFFECT OF PARTIAL INV AUDITY
18. The invalidity of any portion of this agreement will not fu,d shall not be deemed to
effect the validity of any other provision. In the event that any provision of this
agreement is held to be invalid, the parties agree that the remaining provisions shall be
deemed to be in fun force and effect as if they had been executed by both pcuties
subsequent to the expungement of the invalid provision.
vn. HEADft\JGS
,
19. The titles to the paragraphs of this Agreement are solely for the convenience of
the parties and. shaH not be used to explain, moclify~ simpllifYl or aid in the interpretation
of the provisions of this agreement. .
VIII. VENUE
20. In the event of litigation, the parties agree that all proceedings shall he vem.JJed
exc1usivelYI in a State or Federal Couit sitting in Monroe County, Florida.
IX. EXHIBITS
21. All exhibits attached hereto are a pat1 of this Agreement a:ld am expressly
incorporated herein and all bla.11ks in such exhibits, if any; will be comphted &s required
in order to consum.mate the transactions contemplated and in aCCOl"Cl!inCe with this
Agreement.
X. TERM AND TERMINATION
22. This Agreement shall not be binding on either party until it has Lt :., f :ecuted by
both parties.
-;-
I \
23. An notic6s~, l'equesisl aeiuailcb,. i'!Hd (~H16i' (;Ofi',]Imnka~io!.1s ~h6i\;;Mlilcler shan be in
~ . c'< ., '! ~ . ~ , ~ 1 '~" ~ -'3 .,i I ) , _
vVi"illng e}~cepi ,18 e]~pifeSS!Y SCaie{1 H:k~!il'5 l"igi\~8li(1,;;.ni:~ :Bi.H(t sk18!li iDe ueertJleru !13Ve iJe.elil amy
given 'when l'ecelved upon ck:Hvex:Y' by celtified mail, add.ressed I:1S foHows:
CLIENT: MONROE COm\JTY EMERGENCY MEDICAL SERVICES
490 63rd Street, .ocean
M~.rathon, Florida 33050
AGENCY: FOCUS FINiLNCIAL SERVICES
500 Gulfstream Boulevard, Suite 209
Delray Beach, Florida 33483
24. Without cause, Client may terminate t~is Agreement at any time upon thirty (30)
days, written notice to Agency. In such event, Agency will no longer actively pursue
collection of accounts in its possession, and will not assume new accounts, but shaH be
paid its regular compensation for any accounts collected up to the date of the contract
termination. AU money received on accounts, by the Agency, after the termination date
will be forwarded to the Client without regular compensation being: p3lid to the Agency.
Without cause, Agency may terminate this agreement upon sixty (60) days written notice
to Client. '
Il\T TESTIMONY Vt1HEREOF witness the signature bfthe parties hereto on day and date
first above entered.
CLiENT: BY: MONROE COUNTY BOARD OF COUNTY COMM . lONERS AND
THE BOARD OF GOVERNORS FOR THE LOWER _ D vIIDD ~S
FIRE AND AMBULANCE DISTRICT
BY:
~@1f 1~1l1\~ ~@~mf1
S~\~~ FIi@~~~
(Name Please Print)
AGENCY: FOCUS Ffl\.TANCIAL SERVICES
BY
~
(Signanrre) ~
JobelfT 13'- _ l'lf
(Name Please Print)
DAn
E}:~]KB~RI> /~~
~ ~, . ,co' ~ " A"?h 1- 1! " ,''I .~_ ' n. ~ .
1~ocus tman.CRS! .:'lel'Vwes iV@..1!TaniS ~!lm u uas r!1yJ~ ~.il.npn(i;ye<Ct, rg1!.unlle'~ Of (i;,m~li'vV]se a1.aU 8Cl;
011 its behalf an,y former 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 liabilit-y and may also, in its discretion deduct
from the contract or purchase price, or otherwise recover, the full amoWlt of any fee, .
commission, percentage, gift, or consideration paid to the former County officer or
employee.
(signature)
Date:
,
State of li!:v 'Ze-5,t(
.
,.:} . f~ v:;
County of /t:Lh...... ,1Zt,"",."e- Lt. 0::.._
,...;-
~I
PERSP~ALL Y AP~EARED BEFORE ME, the undersigned authority,
,<:(:; tD?' Il 7' 0 II de who, after first bei~ sworn by me, affixed his/her
signature in the space provided on the [ 3 (] day of // ;7/2 I ( . 1996.
My commission expires:
;r.:.
-^o{fJ$i.~I""'J: .
f~i!"';~~ . r.. 'fflaA J. SMO
. MV ct!WiBslOO D 00 2W~
1m"fPa: ~ 211, 1m
Bm-~~ ~P.~~i\'ff~m
A person. or n placed on the convicted vendor Ust fonowing a
conviction for public entiry crime may not submit a bid on a contract to provide any
goods or services to a public entity, may not submit a bid 011 a contract with a public
entit-y for the construction or repair of a public building or public work, may not submit
bids on leases of real property to a 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 <?f the threshold amount
provided in Section 287.017 for CATEGORY TWO for a periocr o{36 months from the
date of being placed on the convicted vendor Hs-i
.~#i I
.r,' .'?,
Notary Public W..:;;. .~ _.? ,/P!t.-z::
~7 '
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EjCH!B IT :8;
EMPLOYEE DISHONESTY
INSURANCE REQUIREMENTS
FOR
COLLECTION OF DELINQUENT ACCOU1\fTS
BETWEEN
MONROE COUNTY, FLORIDA
AND
FOCUS FINANCIAL SERVICES
The Contractor, Focus Financial Services shall purchase and maintain, throughout the
tenn ofthe contract, Employee Dishonesty/Errors & Omissions lLiabilil:y ~ns'Unl.JJ.ce which
will pay for losses to County property or inon~y caused by the fraudulent of dishonest
acts of the Contractor's employees or its agents, whether acting alone or in collusion. of
others.
"'.
The minimum limits shaH be:
$100,000 per Occurrence
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3800 South Cong-!'esB kve:n1..le 0 Suii:e 3 (') Boynton Beach" Florida 3g.,:126
(561) 265-0402.:, (GOO) B52~1248
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ouU\rrv lQJ h MONROE
I<E'f WEST yO FLORIDP. 330'10
(305) 294-4641
OFFICE of
FIRE RESCUE
490 63rd Street
~arathon,Fl. 33050
PHONE: (305) 289-6010
FAX: (305) 289-6013
September 18, 2007
Focus Financial Services
Danielle Castellanos, Client Service Manager
3800 South Congress Avenue
Suite 3
Boynton Beach, Florida 33426
RE: Termination of Contract
Dear Ms. Castellanos,
[iM}l&rr:.~1 U:;'~'])J~JUV v-;:':cm!;Jl~mX$$E'i:QIL1r;[(:r:
[Viayoi" 1'1ario Di Gennaro, Disb-iet-1
~qayor Pro Tem Di}(ie PIi. Spehar, District 1
George Neugent, District 2
Charles "Sonny" McCoy, District 3
Sylvia J. Murphy, District 5
As per your letter dated December 8, 2006, Focus Financial has requested to tenninate the contract dated April 17 , 1996
between Palm Beach Credit Adjustors Inc. doing business as Focus Financial Services and Monroe County Board of
County Commissioners and the Board ofGovemors for the Lower and Middle Keys Fire and Ambulance District. This
contract provides independent assistance in collecting various uncollected accounts receivables from ambulance
transports.
Per the contract, you have the right to terminate this agreement upon sixty (60) days written notice to us, which you have
provided. On October 17, 2007 we will be presenting the termination of your contract before our Board of County
Commissioners and upon their approval this will officially terminate the contract. With this termination Focus will no
longer actively pursue collection of accounts in its possession, and will npt assume new accounts, but shall be paid its
regular compensation for any accounts collected up to the date of the contract termination. All money received on
accounts, by Focus Financial, after the termination date of October 17, 2007 shall be forwarded to Monroe County
without regular compensation being paid to Focus Financial. (See section 24 of the contract attached).
Upon cancellation of the contract we respectfully request the following items:
1. A final detail report for October 2007 with any money collected through the termination date.
2. A final invoice for October 2007 with monies owed for the final month of service ending on October 17, 2007.
3. A detailed list of all patients with a date of service of 2004 through 2005 to include account number, contact
information, collections and the CU11'ent balance which will be used to pass off to the new agency.
We appreciate the hard work and efforts that Focus Financial has provided us since 1996 and appreciate your cooperation
in the change over. Thank you for your patience while we have been searching for a new collection agency. If you have
any questions, please do hesitate to contact me at 305-289-6010.
Enclosures
fCiB2
CCmlp8i1Sation: ~~% of the aiilowlt collected
MSB provides all of our services on a contingency fee basis with no up-front m'
additional costs associated with those services. We have included a graph
below outlining our unique services that are included in our contingency fee:
~
1;';'<
;'::~f~:;~::~{~.~;~~[fl~~~~/;~:.~;;?}.,~::;~:~~~:'
0::
PROPOSED RATES FOR
MONROE COUNTY FIRE RESCUE
}- 28.5% ~ All accOlmts placed less than 365 days from date of service.
)>> 30% - All accounts placed greater than 365 days from date of service.
)>> 30% - All skip accounts.
AGREEMENT BETWEEN
THE BOARD OF COUNTY COMMISSIONERS
AND
THE BOARD OF GOVERNORS
FIRE AND AMBULANCE DISTRICT 1
OF MONROE COUNTY, FLORIDA
AND
GILA CORPORATION d/b/a MUNICIPAL SERIVCES BUREAU
FOR COLLECTION OF OUTSTANDING AMBULANCE ACCOUNTS
THIS AGREEMENT, ("AGREEMENT") made and entered into this ISth day of October, 2007
by and between the Board of County Commissioners and the Board Govemors of Fire and
Ambulance District 1 of Monroe County, Florida, (herein referred to as the "COUNTY") and
Gila Corporation d/b/a Municipal Services Bureau (herein referred to as "MSB");
WITNESSETH:
WHEREAS, MSB represents that they wish to provide services as hereinafter more specifically
enumerated to the COUNTY for collections of said outstanding accounts receivables from ground
and air ambulance transports;
WHEREAS, the COUNTY wishes to enter into an Agreement with MSB for collecting various
uncollected ground and air ambulance accounts receivables;
NOW, THERFORE, in consideration of the promises contained herein, the parties agree as
follows:
1. DEBT COLLECTION SERVICES - MSB will mail notices, telephone or otherwise contact
debtors with outstanding accounts with the COUNTY in order to attempt to collect those monies
owed by the Debtors. Demand for payment of each collection item will be in a non-threatening
mallller and subject to all applicable Federal, State and local laws, rules and regulations. As
payment of collection items are collected by MSB, it shall be remitted to the COUNTY by the
fifteenth of the month for the previous month's activity. Each remittance shall include a statement
for the commission due and shall be accompanied by a dated report which, as to each collection
time included in the remittance, shall state the name of the person from whom it was collected,
the amount remitted and identifying account number.
2. RESPONSIBILITY OF THE COUNTY - The COUNTY will provide, in addition to the
names and last known addresses of the Debtors, all infonnation regarding the date( s) of the
alleged debt(s), the amount of such debt(s) and the date the judgment was entered against the
debtor, if applicable. The information supplied to MSB by the COUNTY must be in an ANSI file
fonnat which is acceptable to MSB and shall be provided not less frequently than monthly. The
COUNTY will update and correct any information it has provided MSB as soon as it is
practicable. The COUNTY will notify MSB of any payment of other satisfaction of judgment
made directly to the COUNTY. The COUNTY may provide this information in either hard copy
or electronically.
3. CONTRACT PERIOD AND RENEWAL - The effective date ofthis Agreement shall be
October 18,2007 through September 30,2008. This Agreement may be renewed annually for one
(1) year terms, not to exceed two (2) renewals, subject to approval of the Fire Chief of Monroe
County Fire Rescue, the Office of Management and Budget and the Monroe County Board of
County Commissioners and the Monroe County Board of Govemors Fire and Ambulance
Districtl.
4. CONTRACT TERMINATION - Either party may terminate this agreement by providing
ninety (90) days written notice. Upon notice oftennination MSB shall take all steps necessary to
close out any accounts with an open balance and will be responsible for complying with all
provisions of this contract until the termination date. MSB will not assume new accounts after
such notice oftennination. MSB will be paid for its services through the termination date and
MSB will not incur any expenses after notice of termination except those necessary to properly
wind up its obligations under this contract and properly perform this contract. All money received
on accounts, by MSB, after the termination date will be forwarded to the COUNTY without
regular compensation being paid to MSB. MSB will further cooperate with any successor, debt
collection service provider by tuming over all records and any other documents or equipment in
hard copy to useable electronic format to the COUNTY or the debt collection service provider.
MSB will pay the COUNTY all funds due and owing to it as of the termination date of this
contract. The provision for MSB to tum over documents and to provide all funds due and owing
the COUNTY will survive the termination ofthis contract.
5. CAPABILITY TO PROVIDE SERVICE - MSB represents that it is an established debt
collection service provider licensed to do business in the State of Florida and capable of
providing all services required pursuant to this contract and that MSB has all necessary permits,
occupational licenses or any other license or permits required to provide services under this
agreement required by any local, state, government or the federal government. MSB further
represents that it has experience with debt collection practices and it has the requisite financial
resources, personnel and experience to perform all services required under this agreement.
6. REPORTS ~ MSB shall provide the COUNTY with monthly aging reports as of the last day of
each month, by the twenty-first day of the following month reflecting the status of all accounts
that are currently active and MSB's collection results. This report will include the following
information:
a. Debtor's Name
b. Debtor's Account Number
c. Amount paid on the account during the preceding month including amounts received by
COUNTY as reported to MSB.
d. Unpaid balance of account
e. Amount of commission due Agency.
The COUNTY has the absolute right to audit any and all financial records of MSB pertaining to
the collection activities carried on by MSB pursuant to this contract. MSB shall retain such
records not provided to the COUNTY for a period of three (3) years after the termination of this
contract unless such records are required for pending litigation then such records shall be
maintained until at least ninety (90) days after the conclusion oflitigation including appeals.
7. VALID DEBTS - The COUNTY agrees that accounts placed with MSB for collection are
valid and legally enforceable debts and are not disputed or subject to any bankruptcy proceedings,
unless otherwise disclosed in writing by the COUNTY.
2
8. COIvlMISSlON RATES - For all accounts refelTed by the COUNTY to MSB for collection for
which the COUNTY is paid, regardless of whether payment is accepted directly by the COUNTY
or by MSB on the COUNTY'S behalf, the COUNTY will pay to MSB a twenty-five (25) percent
rate on the gross amount collected.
Service will be provided on a contingency fee basis with no up-front or additional costs
associated with the services.
The following services will be provided at no additional costs: On line access to accounts, bi-
lingual collection notices and staff, letter creation and distribution, background
checkslfingerprints scans for all cun-ent and future MSB employees, National Skip tracking
services, toll-free telephone numbers for debtors, independent security audit, and electronic
interface (in-house programmers).
The COUNTY will not be responsible to MSB for any commissions or fees for payments
returned to the COUNTY or MSB for insufficient funds.
9. NOTIFICATION OF COLLECTION - The COUNTY will immediately notify MSB of
accounts referred to MSB for collection that have been paid or disputed by the Debtors directly to
the COUNTY whenever that payment or dispute occurs. MSB agrees that once an account is
placed, that the COUNTY is to receive all commission due in the event that monies are collected.
By the fifteenth of each month, MSB will provide a detailed reporting to the COUNTY to
identify all accounts known to be collected during the prior month and to remit monies collected
on the County's behalf. MSB is required to invoice the COUNTY for commissions due; the
COUNTY agrees to review the invoice and forward payment to MSB in accordance with the
Florida Local Government Prompt Payment Act.
MSB makes no warranties or representation, expressed or implied, about the amount of funds that
will be collected, and MSB shall have no liability for any amounts uncollected. The only liability
ofMSB will be to forward any funds collected to the COUNTY subjected to MSB collecting its
commission amount.
10. LEGAL ACTION - MSB shall make no settlement for less than the total principal amount
owed without prior approval of the COUNTY.
MSB may not affect any debtor's credit history as a result of unsuccessful collection efforts.
MSB will place accounts for litigation only with prior written consent of County.
MSB agrees that if the continued collection of an account would damage the reputation of the
COUNTY or if suit is seriously threatened or filed, the COUNTY may request, in writing, the
inmlediate retum of the account.
If the COUNTY has been given legal authOlization to write-off obligations which have been
referred to MSB, MSB will not collect any fees from the COUNTY relative to the accounts which
have been withdrawn from MSB's collection efforts.
11. NOTICES - All notices specified pursuant to this contract shall be sent to the following:
COUNTY:
Monroe County Emergency Services
490 63rd Street Ocean
Marathon, Fl 33050
3
MSB:
Municipal Services Bureau
6505 Airport Blvd., Suite 100
Austin, TX 78752
12. INDEPENDENT CONTRACTOR - Neither MSB, nor any of its employees, agents, or
subcontractors are employees of the COUNTY. MSB is solely responsible and liable for any
action taken or made by MSB its' employees, agents or subcontractors.
13. HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT of 1996
(HIP AA) - MSB will cany out its obligations under this contract in compliance with the privacy
regulations pursuant to Public Law 104-191 of August 21, 1996, mown as the Health Insurance
Portability and Accountability Act of 1996, Subtitle F - Administrative Simplification, Section
261, et seq., as amended ("HIPAA"), to protect the privacy of any personally identifiable
protected health information (PHI) that is collected, processed or learned as a result of the
Collection services provided hereunder.
In confonnity therewith, MSB agrees that it will:
a. Not use or further disclose PHI except as pennitted under this contract or required by law;
b. Use appropriate safeguards to prevent use or disclosure of PHI except as pennitted by this
contract;
c. To mitigate, to the extent practicable, any harmful effect this is known to MSB of a use or
disclosure of PHI by MSB in violation of this contract;
d. Report to Mom-oe County any use or disclosure of PHI not provided for by this contract of
which MSB becomes aware;
e. Ensure that any agents or subcontractors to whom MSB provides PHI, or who have access
to PID, agree to the same restrictions and conditions that apply to MSB with respect to such
PHI;
f. Make PHI available to Monroe County and to the individual who has a right to access as
required under HIP AA within 30 days of the request by Mom-oe County regarding the
individual;
g. Incorporate any amendments to PHI when notified to do so by Monroe County;
h. Provide an accounting of all uses or disclosures of PHI made by MSBH as required under
HIP AA privacy rule within sixty (60) days;
i. Make their intemal practices, books and records relating to the use and disclosure of PHI
available to the Secretary of the Department of Health and Human Services for purposes of
detennining MSB' s and Monroe County's compliance with HIP AA; and
j. At the tennination of the contract, return or destroy all PHI received from, or created or
received by MSB on behalf of Mom-oe County, and if return is infeasible, the protections of
this contract will extend to such PHI.
4
The specit1c uses 8nd disclosures of PH! that may be made by MSB on behalf of Monroe County
include:
a. Preparation of invoices and reminder notices and documents pertaining to collections of
overdue accounts to patients and others who are responsible for payment of the services
provided by Momoe County;
b. Uses required for the proper management ofMSB as a business associate.
c. Other uses or disclosures of PHI as pem-ritted by the HIP AA privacy rule.
Notwithstanding any other provisions of this contract may be tenninated by Momoe County if
MSB has violated a telID or provisions of this contract pertaining to MSB' s material obligations
under the HIP AA privacy rule, or ifMSB engages in conduct which would, if committed by
Monroe County, result in a violation of the HIP AA privacy rule by Momoe County.
14. INDEMNIFICATION - MSB covenants and agrees to indemnify, hold harmless and defend
the Monroe County Board of County Conunissioners and the Momoe County Board of
Governors District 1, its commissioners, officers, employees, agents and servants from any and
all claims for bodily injury, including death, personal injury, and property damage, including
damage to property owned by Mom-oe County, and any other losses, damages, and expenses of
any land, including attorney's fees, court costs and expenses, which arise out of, in connection
with, or by reason of services provided by MSB or any of its Subcontractors in any tier,
occasioned by the negligence, en'ors, or other wrongful act or omission of MSB or its
Subcontractor(s) in any tier, their officers, employees, servants or agents.
In the event that the service is delayed or suspended as a result ofMSB's failure to purchase or
maintain the required insurance, MSB shall indemnify the County from any and all increased
expenses resulting from such delay.
The extent of liability is in no way li1nited to, reduced, or lessened by the insurance requirements
contained elsewhere within this agreement.
This indemnification shall survive the expiration or earlier termination of the Agreement. (See
Attachment A).
15. INSURANCE - During the term of this Agreement, MSB must keep in force and affect the
following insurance:
Worker~s COllioensation- Prior to the commencement of work governed by this contract, MSB
shall obtain Worker's Compensation Insurance with limits sufficient to respond to Chapter 440,
Florida Statutes. In addition, MSB shall obtain Employer's Liability Insurance with limits not less
than:
$100,000 Bodily Injmyby Accident
$500,000 Bodily Injury by Disease, policy limits
$100,000 Bodily Injury by Disease, each employee
Coverage shall be maintained throughout the entire term of the contract.
Coverage shall be provided by a company or companies authorized to transact business in the
state of Florida.
5
If !VISB has been approved by the Florida's Department of Labor, as an authorized self-insurer,
the County shall recognize and honor MSB's status. MSB may be required to submit a Letter of
Authorization issued by the Department of Labor and a Ce11ificate of Insurance, providing details
on MSB's Excess Insurance Program.
IfMSB pm1icipates in a self-insurance fund, a Certificate of Insurance will be required. In
addition, MSB may be required to submit updated financial statements from the fund upon
request from the County.
General Liability - Prior to the commencement of work governed by this contract, MSB shall
obtain General Liability Insurance. Coverage shall be maintained throughout the life of the
contract and include as a minimum:
Premises Operations
Products and Completed Operations
Blanket Contractual Liability
Personal Injury Liability
Expanded Definition of Property Damage
The minimum limits acceptable shall be:
$300,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$100,000 per Person
$300,000 per Occurrence
$ 50,000 Property Damage
An Occurrence FOlm policy is preferred. If coverage is provided on a Claims Made policy, its
provisions should include coverage for claims filed on or after the effective date of this contract.
In addition, the period for which claims may be reported should extend for a minimum of twelve
(12) months following the acceptance of work by the County.
The Monroe County Board of County Commissioners shall be named as Additional Insured on all
policies issued to satisfy the above requirements.
Professional Liabilitv Insurance - Recognizing that the work governed by this contract involves
the furnishing of advice or services of a professional nature, MSB shall purchase and maintain,
throughout the life of the contract, Professional Liability Insurance which will respond to
damages resulting from any claim arising out of the performance of professional services or any
error or omission ofMSB arising out of work governed by this contract.
The minimum limits ofliability shall be:
$250,000 per Occurrence/$500,OOO Aggregate
Monroe County shall be named as an Additional insured on all policies.
The provisions of Attachment B are attached and incorporated into this agreement.
16 . PAYMENTS - Payments shall be made by the COUNTY pursuant to the Florida Local
Government Prompt Payment Act after the completion of the rendered services and proper
invoicing by MSE.
6
17. CONTINGENCY - Monroe County's perfonnance and obligation to pay under this
Agreement is contingent upon an annual appropriation by the Board of County Conmlissioners.
18. SECTION HEADINGS - Section headings have been inserted in this Agreement as a matter
of convenience of reference only, and it is agreed that such section headings are not a pati of this
Agreement and will not be used in the interpretation of any provision of this Agreement.
19. OWNERSHIP OF THE PROJECT DOCUMENTS - The documents prepared by
MSB for this Project belong to the COUNTY and may be reproduced and copied
without acknowledgement or pennission ofMSB.
20. SUCCESSORS AND ASSIGNS - MSB shall not assign its right hereunder, except its right to
payment, nor shall it delegate any ofits duties hereunder without the written consent of the
COUNTY. MSB will not employ any subcontractor to perform any duties under this agreement
unless such fact is made known to the COUNTY and prior written permission is granted. The
COUNTY shall have the right to prohibit a subcontractor from performing any part of the
contract; such right shall be reasonable exercised. Subject to the provisions of the immediately
preceding sentence, each party hereto binds itself, its successors, assigns and legal representatives
to the other and to the successors, assigns and legal representatives of such other party.
21. NO THIRD PARTY BENEFICIARIES - Nothing contained herein shall create any
relationship, contractual or otherwise, with or any rights in favor of, any third party.
22. PUBLIC ENTITIES CRIMES - A person or affiliate who has been placed on the convicted
vendor list following a conviction for public entity crime may not submit a bid on contracts to
provide any goods or services to a public entity, may not submit a bid on a contract with a public
entity for the construction or repair of a public building or public work, may not submit bids on
leases of real property to public entity, may not be awarded or perform work as a MSB, supplier,
subcontractor, or MSB 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 of the
Florida Statutes, for CATEGORY TWO for a period of36 months from the date of being placed
on the convicted vendor list.
By signing this Agreement (including Attachment C), MSB represents that the execution of this
Agreement will not violate the Public Entity Crimes Act (Section 287.133, Florida Statutes).
Violation of this section shall result in termination of this Agreement and recovery of all monies
paid hereto, and may result in debarment from COUNTIES competitive procurement activities.
In addition to the foregoing, MSB further represents that there has been no determination, based
on an audit, that it or any subcontractor has committed an act defined by Section 287.133, Florida
Statutes, as a "public entity crime" and that it has not been fonnally charged with committing an
act defined as a "public entity crime" regardless of the amount of money involved or whether
CONUSUL T ANT has been placed on the convicted vendor list.
MSB will promptly notify the COUNTY if it or any subcontractor is formally charged with an act
defined as a "public entity crime" or has been placed on the convicted vendor list.
23. MAINTENANCE OF RECORDS - MSB shall maintain all books, records, and documents
directly pertinent to performance under this Agreement in accordance with generally accepted
accounting principles consistently applied. Each party to this Agreement or its authorized
representatives shall have reasonable and timely access to such records of each other party to this
Agreement for public records purposes during the tenn of the Agreement and for four years
7
following the termination of this Agreement. If an auditor employed by the COUNTY or County
Clerk detemunes that monies paid to MSB pursuant to this Agreement were spent for purposes
not authorized by tIus Agreement, the MSB shall repay the monies together with interest
calculated pursuant to Sec. 55.03, of the Florida Statutes, lUnning from the date the monies were
paid by the COUNTY.
24. GOVERNING LAW, VENUE, INTERPRETATION, COSTS AND FEES - This Agreement
shall be governed by and constlUed in accordance with the laws of the State of Florida applicable
to contracts made and to be perfoll11ed 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, COUNTY and MSB agree that venue shall lie in Monroe
County, Florida, in the appropriate court or before the appropriate administrative body. The
Parties waive their rights to a trial by jUlY. Tlus Agreement is not subject to arbitration.
25. SEVERABILITY - 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 tins 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 pennitted 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 MSB 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.
26. ATTORNEY'S FEES AND COSTS - The COUNTY and MSB 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 tins Agreement, the prevailing party shall be entitled to
reasonable attomey's fees, court costs, investigative, and out-of-pocket expenses, as an award
against the non-prevailing party, and shall include attorney's fees, courts costs, investigative, and
out-of-pocket expenses in appellate proceedings. Mediation proceedings initiated and conducted
pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and
usual and customary procedures required by the circuit court of Monroe County.
27. BINDING EFFECT - The terms, covenants, conditions, and provisions of this Agreement
shall bind and inure to the benefit of the COUNTY and MSB and their respective legal
representatives, successors, and assigns.
28. AUTHORITY - Each party represents and warrants to the other that the execution, delivery
and performance of this Agreement have been duly authorized by all necessary County and
corporate action, as required by law.
29. CLAIMS FOR FEDERAL OR STATE AID - MSB 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.
30. ADJUDICATION OF DISPUTES OR DISAGREEMENTS - COUNTY and MSB agree that
all disputes and disagreements shall be attempted to be resolved by meet and confer sessions
between representatives of each of the parties. If no resolution can be agreed upon within 15 days
after the 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
8
of the parties, then any party shall have the right to seek such relief or remedy as may be provided
by this Agreement or by Florida law.
31. COOPERATION - In the event any administrative or legal proceeding is instituted against
either party relating to the fomlation, execution, perfOlmance, or breach of this Agreement,
COUNTY and MSB agree to pmiicipate, to the extent required by the other patty, in all
proceedings, headngs, processes, meetings, and other activities related to the substance of this
Agreement or provision of the services under this Agreement. COUNTY and MSB specifically
agree that no party to tlus Agreement shall be required to enter into any arbitration proceedings
related to this Agreement.
32. NONDISCRIMINATION - MSB and COUNTY agree that there will be no disclimination
against any person, and it is expressly understood that upon a determination by a court of
competent jurisdiction that discrimination has occurred, this Agreement automatically terminates
without any further action on the part of any party, effective the date of the court order. MSB or
COUNTY agrees to comply with all Federal and Florida statutes, and all local ordinances, as
applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VI of the
Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis ofrace, color or
national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-
1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the
Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the
basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107)
which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act
of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6)
The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation
Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse
or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3
and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patent records; 8)
Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to
nondiscdmination in the sale, rental or financing of housing; 9) The Americans with Disabilities
Act of 1990 (42 USC s. 1201 Note), as maybe amended from time to time, relating to
nondiscrimination on the basis of disability; 10) Monroe County Code Chapter 13, Article VI,
which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry,
sexual orientation, gender identity or expression, familial status or age; 11) Any other
nondiscrimination provisions in any Federal or state statutes wlrich may apply to the parties to, or
the subject matter of, this Agreement.
33. COVENANT OF NO INTEREST - MSB and COUNTY covenant that neither presently has
any interest, and shall not acquire any interest, which would conflict in any manner or degree
with its performance under this Agreement, and that only interest of each is to perform and
receive benefits as recited in this Agreement.
34. CODE OF ETHICS - 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. (Attachment D).
35. NO SOLICITATION/PAYMENT - MSB and COUNTY 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
9
any person, company, corporation, individual, or finn, 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 malting of this Agreement. For the breach or violation of the
provision, MSB agrees that the COUNTY shall have the right to temunate this Agreement
without liability and, at its discretion, to offset from monies owed, or othenvise recover, the filII
amount of such fee, commission, percentage, gift, or consideration.
36. PUBLIC ACCESS - MSB and COUNTY 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 MSB and
COUNTY in connection with this Agreement; and the COUNTY shall have the right to
unilaterally cancel tlus Agreement upon violation of this provision by MSB.
37. NON-WAIVER OF IMMUNITY - Notwithstanding the provisions of Sec. 768.28, Florida
Statutes, the participation ofMSB and the COUNTY 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 contract entered into by the COUNTY be required to contain any
provision for waiver.
38. 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 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 perfonnance of such functions and duties of such officers, agents, volunteers, or
employees outside the territorial limits of the COUNTY.
39. LEGAL OBLIGATIONS AND RESPONSIBILITIES - no Delegation of Constitutional or
Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any
participating entity from any obligation or responsibility imposed upon the entity by law except to
the extent of actual and timely performance thereof by any participating entity, in which case the
perfonnance 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 permitted by the Florida
constitution, state statute, and case law.
40. NON-RELIANCE BY NON-PARTIES - No person or entity shall be entitled to rely upon the
temls, 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 MSB and the
COUNTY agree that neither MSB nor the COUNTY or any agent, officer, or employee of either
shall have the authority to inform, counsel, or othenvise 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.
41. ATTESTATIONS AND TRUTH IN NEGOTIATION - Coincident with execution of this
Agreement, MSB agrees to execute a Public Entity Crime Statement, Ethics Statement, and a
Drug-Free Workplace Statement (Attachments C-E).
42. NO PERSONAL LIABILITY - No covenant or agreement contained herein shall be deemedsto be a covenant or agreement of any member, officer, agent or employee of Monroe County in
10
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 Agre~ment.
43. EXECUTION IN COUNTERPARTS - This Agreement may be executed in any number of
counterparts, each of which shall be regarded as an original, all of which taken together shall
constitute one and the same instrument and any of the parties hereto may execute this Agreement
by signing any such counterpmi.
IN WITNESS WHEREOF, each party hereto has caused this Agreement to be executed by its
duly authorized representative.
Attest: DANNY L. KOLHAGE, CLERK
MONROECOUNTYBOARDOFCOUNTY
COMMISSIONERS
By:
Deputy Clerk
WITNESS:
I !Io...,\,~~I~1f~",
';;"'~~.._4!t"."'"
!~l .~'%
- . . -
- . 4 ..
::,....,;. ..,,~
'1t;,,;/'iOF'\.t~
- 1""JJlU'\\
TIM M. YANTES
Notary Public. State of Texas
My Commission Expires
October 19. 2008
By:
Mayor/Chairman
GILA CORPORATION INC. d/b/a
MUNICIPAL SERVICES BUREAU
BY~
Date: '1 /1 7 /0 7
Title: C: Ii/I 0
MO ROE COUNTY ATTORNEY
, PRQ'{EQ AS T 0
~ 'J-.
CYNTHIA L. HALL
ASSISTANT COUNTY ATTORNEY
Date OJ - 1- 0 9-
11
MONROE COUNTY, FLORIDA
RISK MANAGEMENT
POLICY AND PROCEDURES
CONTRACT ADMINISTRATION
MANUAL
Indemnification and Hold Harmless
for
Other Contractors
The Contractor covenants and agrees to indemnify, hold harmless and defend the Monroe
County Board of County Commissioners and the Monroe County Board f Governors District 1,
its conullissioners, officers, employees, agents and servants from any and all claims for bodily
injury, including death, personal injury, and
property damage, including damage to property owned by Monroe County, and any other losses,
damages, and expenses of any kind, including attomey's fees, COUlt costs and expenses, which
arise out of, in connection with, or by reason of services provided by the contractor or any of its
Subcontractors in any tier, occasioned by the negligence, errors, or other wrongful act or
omission of the contractor or its Subcontractor(s) in any tier, their officers, employees, servants or
agents.
In the event that the service is delayed or suspended as a result of the contractor failure to
purchase or maintain the required insurance, MSB shall indemnify the County from any and all
increased expenses resulting from such delay.
The extent ofliability is in no way limited to, reduced, or lessened by the insurance requirements
contained elsewhere within this agreement.
This indemnification shall survive the expiration or earlier termination of the Agreement
~rure
1 /2 7 It) '/
Date
TCS
Attachment A
(1 of 1)
12
WORKERS' COMPENSATION
INSURANCE REQUIREMENTS
FOR
CONTRACT
BETWEEN
MONROE COUNTY, FLORIDA
AND
f\Il S e:,
Prior to the commencement of work governed by this contract, the Contractor shall obtain
Workers! Compensation Insurance with limits sufficient to respond to Florida Statute
440.
In addition, the Contractor shall obtain Employerst Liability Insurance with limits of not
less than:
$100,000 Bodily Injury by Accident
$500,000 Bodily Injury by Disease, policy limits
$100,000 Bodily Injury by Disease, each employee
Coverage shall be maintained tlu'oughout the entire term of the contract.
Coverage shall be provided by a company or companies authorized to transact business in
the state of Florida.
If the Contractor has been approved by the Florida's Department of Labor, as an
authorized self-insurer, the County shall recognize and honor the Contractorts status. The
Contractor may be required to submit a Letter of Authorization issued by the Department
of Labor and a Certificate of Insurance, providing details on the Contractor1s Excess
Insurance Program.
If the Contractor participates in a self-insurance fund, a Certificate ofInsurance will be
required. In addition, the Contractor may be required to submit updated financial
statements from the fund upon request from the County.
we1
Attachment B
(lof3)
13
GENERAL LIABILITY
INSURANCE REQUIREMENTS
FOR
CONTRACT
BETWEEN
MONROE COUNTY, FLORIDA
AND
\\1\ S g
Prior to the commencement of work governed by this contract, the Contractor shall obtain
General Liability Insurance. Coverage shall be maintained throughout the life of the
contract and include, as a minimum:
III Premises Operations
III Products and Completed Operations
III Blanket Contractual Liability
· Personal Injury Liability
· Expanded Definition of Property Damage
The minimum limits acceptable shall be:
$300,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$100,000 per Person
$300,000 per Occurrence
$ 50,000 Property Damage
An Occurrence Form policy is preferred. If coverage is provided on a Claims Made
policy, its provisions should include coverage for claims filed on or after the effective
date of this contract. In addition, the period for which claims may be reported should
extend for a minimum of twelve (12) months following the acceptance of work by the
County.
The Monroe County Board of County Commissioners shall be named as Additional
Insured on all policies issued to satisfy the above requirements.
GLl
Attachment B
(2 of 3)
14
PROFESSIONAL LIABILITY
INSURANCE REQUIREMENTS
FOR
CONTRACT
BETWEEN
MONROE COUNTY, FLORIDA
AND
\'J\ Sib
Recognizing that the work governed by this contract involves the furnishing of advice or
services of a professional nature, the Contractor shall purchase and maintain, throughout
the life of the contract, Professional Liability Insurance which will respond to damages
resulting from any claim arising out of the performance of professional services or any
error or omission of the Contractor arising out of work governed by this contract.
The minimum limits of liability shall be:
$250,000 per Occurrence/$500,000 Aggregate
PR01
Attachment B
(30f3)
15
PUBLIC ENTITY CRIME STATEMENT
<LA person or affiliate who has been placed on the convicted bidder list following a
conviction for public entity crime may not contract to provide any goods or services to a
public entity, may not submit a bid on a contract with a public entity for the construction
or repair of a public building or public work, may not submit bids on leases of real
property to public entity, may not be awarded or perform work as a bidder, supplier,
subbidder, or contractor 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 bidder list."
By executing this fonn, I acknowledge that limy company is in compliance with the
above.
..-:--
STATE OF Ie..yo.s.
"
~I '
COUNTY OF 'lAV11
Date q/'li'Dt
PERSONALLY APPEARED BEFORE ME, the undersigned authority,
\3 rVc..E Co W\ ~VJ (,... S who, after first being sworn by me, (name of
individual signing) affixed his/her signature in the space provided above on this
'). 7 lp.
day of 5t:p+ L:..W\ bLr
,20 Dc .
10/1<1 (0]5
,..\\\~~l~':r",-,:
.:-..~...........#t:~
:Jl:r.... .t'f.:.e
; : : i
\:{;'i ..;~~i
~1'lf,g~,~'L'''''
TIM M. YANTES
Notary Public, State of Texas
My Commission Expires
October 19, 2008
Attachment C
16
LOBBYING AND CONFLICT OF INTEREST CLAUSE
SWORN STATEMENT UNDER ORDINANCE NO. 10-1990
MONROE COUNTY, FLORIDA
ETHICS CLAUSE
\\1\ S 0 warrants that he/it has not employed,
retained or otherwise had act on his/its behalf any former 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, tenninate this contract without liability and
may also, in its discretion, deduct from the contract or purchase price, or otherwise
recover, the full amount of any fee, commission, percentage, gift, or consideration paid to
the former Co lcer or employee.
q I:L 1 /O}
Date:
~
STATE OF 1 eYt15
COUNTY OF JRAJ I S
PERSONALLY APPEARED BEFORE ME, the undersigned authority,
B n}c r-: C l hV\ VV'\~ v'\j 5 who, after first being sworn by me, affixed
his/her signature (name of individual signing) in the space provided above on this
27'1~ dayof Sep~~1VI 'o,,-r ,20S4-.
~y~
My commission expires: 10/ J 'i (o'2(
OMS - MCP FORM #4
,;-"",~~I~:rl,;...
-$.....~~.. "!'~
~~... .""'a
if t : ~
\~~+...~~'tl
"",f,f.~.~,\"'~
TIM M. VANTES
Notary Public, State of Texas
My Commission Expires
October 19, 2006
Attachment D
17
DRUG-FREE WORKPLACE FORM
The undersigned contractor in accordance with Florida Statute 287.087 hereby certifies
that:
.
(1\\(0 CO(?' cl16/ CL \'\\AY\\tlpo--l SQ,yV lCf5 BUritll^. (MS(])
(Name of Business)
1. Publishes a statement notifying employees that the unlawful manufacturej distribution,
dispensingj possessionj or use of a controlled substance is prohibited in the workplace
and specifying the actions that will be taken against employees for violations of such
prohibition.
2. Informs employees about the dangers of drug abuse in the workplacej the business's
policy of maintaining a drug-free workplace, any available drug counseling,
rehabilitation, and employee assistance programs, and the penalties that may be imposed
upon employees for drug abuse violations.
3. Gives each employee engaged in providing the commodities or contractual services
that are under bid a copy of the statement specified in subsection (1).
4. In the statement specified in subsection (1), notifies the employees that, as a condition
of working on the commodities or contractual services that are under bid, the employee
will abide by the terms of the statement and will notify the employer of any conviction
of, or plea of guilty or nolo contendre to, any violation of Chapter 893 (Florida Statutes)
or of any controlled substance law of the United States or any state, for a violation
occurring in the workplace no later than five (5) days after such conviction.
5. hnposes a sanction on, or require the satisfactory participation in a drug abuse
assistance or rehabilitation program if such is available in the employee's community, or
any employee who is so convicted.
6. Makes a good faith effort to continue to maintain a drug-free workplace through
implementation of this section.
As the person authorized to sign the statement, I certify that this firm complies fully with
the above requirements. ~
co~ature
1 /;t 7 / 0 "7
Date
OMB - Mer FORM #5
Attachment E
18