Item L1
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: February 20, 2008 Division: JUDICIAL/ COURT
ADMINSTRATION
Bulk Item: Yes No Staff Contact Person: Holly Elomina
Telephone #292-3644
AGENDA ITEM WORDING:
Approval for additional funding for the travel and expenses to be incurred by Thomas W. Ruff
and Company, for assembly and installation of furnishings for the Freeman Justice Building. All
funding will come from Court Facilities Fund not from the County general fund.
ITEM BACKGROUND: .
Furniture for the Freeman Justice Building is being paid for by the Court. The furniture has been
stored in the building awaiting the completion of the building construction,
PREVIOUS RELEVANT BOCC ACTION:
Monroe County entered into an Agreement on October 18, 2006 with Thomas W. Ruff to provide
furnishings for the Freeman Justice Center and a subsequent agreement related to delay in the
completion of the building.
CONTRACT/AGREEMENT CHANGES:
Provides for additional money to pay for the travel, lodging and expenses for Thomas W. Ruff
personnel to assemble furnishings for the Freeman Justice Building.
STAFF RECOMMENDATIONS:
Approval
TOTAL COST: Additional $20,000 BUDGETED: YES
COST TO COUNTY: $ SOURCE OF FUNDS: Courthouse Facilities Fund
REVENUE PRODUCING: YES NO X AMOUNT PER MONTH_ Year
-
APPROVED BY: County AttyL O~rchaSing _ Risk Management
DOCUMENTATION: Included X Not Required
--
DISPOSITION: AGENDA Item#
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Thomas W. Ruff & Contract #_
Company Effective Date: October 18, 2006
Expiration Date: Upon completion
Contract Purpose/Description:
Amend Contract to provide for $20,000 in additional travel expenses for assembly of
Freeman Justice Center building furnishings. Vendor needed to make an additional trip
due to construction delays.
Contract Manager: Holly Elomina 3644 Court Administration
(Name) (Ext.) (Department/Stop #)
for BOCC meeting on 2-20-08 Agenda Deadline: 2-5-08
CONTRACT COSTS
Total Dollar Value of Contract: $ 764,010.62 Current Year Portion: $
Budgeted? Yes xD No D Account Codes: 81501-530400
Grant: $ Money to come entirely fromCourt Facilities V
Fund not from County -
County Match: $ 0 -_-_-_-_
- - - -
-----
ADDITIONAL COSTS
Estimated Ongoing Costs: $/yr For:
(Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
Changes Date Out
Date In Needed
Division Director ~dO YesD NoD
Risk Manageme~t i-Jb'O~ YesD Nol&fiJ3vOY
fJkzs -o"if . ,
O.M.B./Purchasi g I !:J.~(D<i YesD Nocgl' ---r==- ~ ) 2- tIt
County Attorney 1:.J.1:j)~YesD No[]}-- ~~ aJCJ:$J) /-
Comments:
OMB Form Revised 2/27/01 MCP #2
FIRST AMENDMENT TO
AGREEMENT TO PURCHASE FURNISHINGS
FOR FREEMAN JUSTICE COURTHOUSE
t1
This First Amendment is made and entered into the L day of f/r1VJJM1'
2008, to the Agreement to Purchase Furnishings for Freeman Justice Courthouse dated
October 18,2006, between the BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA ("COUNTY"), whose address is 1100 Simonton Street,
Key West, Florida 33040, and THOMAS W. RUFF & COMPANY ("RUFF"), whose
address is 7830 Byron Drive, West Palm Beach, Florida 33404.
WHEREAS, COUNTY purchased furnishings made by the Stee1case and The
Gunlocke Company LLe for the new Freeman Justice Center: and
WHEREAS, RUFF is the authorized dealer for the Stee1case and The Gunlocke
Company LLe furnishings; and
WHEREAS, RUFF is a provider of those furnishings under contract with the
State of Florida, known as State Contract #425-001-06-1; and
WHEREAS, the funding for the furnishings shall come out of the existing
Courthouse Facilities Fund; and
WHEREAS, it serves a legitimate public purpose to furnishing the Freeman
Justice Center for the visitors and personnel who will use the center for years to come,
now therefore,
IN CONSIDERATION of the mutual promises and covenants contained herein, it
is agreed as follows:
1. The parties agree that Section 3. PAYMENTS TO CONTRACTOR,
subparagraph F, shall be amended to read as follows:
"F) Expenses for travel, lodging, per diem and other authorized expenses shall
be paid pursuant to Florida Statute 112.061 and Monroe County Ordinance and shall be
increased to provide for an additional TWENTY THOUSAND DOLLARS ($20,000).
The parties recognize that this provision will control over any inconsistent provision,
attachment or addendum."
2 The remaining terms of the Agreement, not inconsistent herewith, shall remain in
full force and effect.
IN WITNESS WHEREOF COUNTY and RUFF have executed this First
Amendment to the Agreement on the day and date first written above in four (4)
counterparts, each of which shall, without proof or accounting for the other counterparts,
be deemed an original contract.
BOARD OF COUNTY
(SEAL) COMMISSIONERS
Attest: DANNY L. KOLHAGE, CLERK OF MONROE COUNTY,
FLORIDA
By: By:
Deputy Clerk Mayor Charles "Sonny" McCoy
Date: Date:
Thomas W. Ruff South Florida
,~6' ~
Signature of person authorized to
Signature legally bind Corporation
Date: j- ~o.fY Date: ~fi~/og
/4.NAFE77/ 6. 4yVJ1,.1A
,
OfdJ ~. ~kJJ-. Print Name ;1~N!
Address:J 24/ c,,,,,,,,,,,,, ~.4" z
Signature . 1 j'tI1 r pt /-I?Yr rf ~I ,h.. ? sozr
Date: /- if-{} Telephone Number:
'7..[''1- f3.r-7J'CD
Date: I/~~/ l' t
MONROE COUNTY ATTORNEY
A. PROVED t\S TO ~:
. .~
NATILEP,IE W CASSEL
ASSISTP,NT COUNTY ATTORNEY
Date /-//- of
30[.'923516 MONROE COUNTYATT 10:49:11 a.m 10-02-2006 2/9 I
I
i
AGREEMENT TO PURCHASE FURNISHINGS
FOR FREEMAN JUSTICE COIlRmOUSE
This Agreement is made and entered into this I$~ day of j~ . 2006,
between the BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA I
(''COUNTY''), whose address is 1100 Simonton Street, Key West, Florida 33040, and I
THOMAS W. RUFF & COMPANY, whose address is 7830 Byron Drive, West Palm Beach,
Florida 33404 ("").
WHEREAS, COUN1Y desires to purchase furnishings made by the Steelcase and The
Gunlocke Com:pany LLC for the new Freeman Justice Center: and
WHEREAS, is the authorized dealer for the Steelcase and The Gunlocke Company LLC I
furnishings; and
WHEREAS, is a provider of those furnishings under contract with the State of Florida.
known as State Contract #425-00 1-06- I; and
WHRERAs; the funding for the furnishings shall come out of the existing Courthouse
Facilities Fund; and
WHEREAS. it serves a legitimate public purpose to furnishing the Freeman Justice I
Center for the visitors and personnel who will use the center for years to come. now therefore, i
J
IN CONSIDERDATION of the mutual promiSes and covenants contained herein, it is I
agreed as follows:
1. THE AGREEMEN(
The Agreement consists of this document, and its exhibits including the tenns of the products
price list # 156 under State Contract #425-00 1-06.1.
2. SCOPE OF THE WORK
CONTRACTOR will provide new furnishings to COUNTY in assembled, undamaged and in
working order and acceptable to COUNTY after inspection. CONTRACTOR shall provide
installation and assembly of furnishings at the Freeman Justice Center, description of furnishings
is attached hereto and made a part hereof as Exhibit A (quote #104217) and Exhibit B (quote
#104227). This Agreement specifically supersedes the Additional Tenns and Conditions ofSaIes
Proposal and Conditional Sales Agreement which may be attached to any quotations.
3. PAYMENTS TO CONTRACTOR
A. COUN1Y'S performance and obligation to pay under this agreement, is contingent
upon annual appropriation by the Board of COUNTY Commissioners.
B. COUN'IY shall pay in accordance with the Florida Local Government Prompt
Payment Act; payment wiU be made after delivery and inspection by COUNTY and upon
submission of invoice by CONTRACTOR.
C. This Agreement falls under the ''piggy back" provisions of Monroe COUNTY
Purchasing Policy.
D. CONTRACTOR shall submit to COUNTY an invoice with supporting
documentation acceptable to the Clerk. Invoiced amounts shall comply with the amounts quoted
in product price list # 156 of the State Contract attached hereto and made a part hereof as Exhibit
C.
I
", --.. ."-.,
3052923516 MONROE COUNTY ATT 10;49;43 a.m. 10-02-2006 3/9
E) Total Compensation to under this Agreement shall not exceed SEVEN HUNDRED
TfHRTY -EIGHT THOUSAND TEN DOLLARS and SIXTY-TWO CENTS($738,OlO.62).
F) Expenses for trave~ lodging, per diem and other authorized expenses shall he paid
pursuant to Florida Statute 112.061 and Monroe County Ordinance and shall not exceed SIX
rnOUSAND DOLLARS ($6,000.00). The parties recognize that this provision will control over
any inconsistent travel provision which is set out in the attached quotations.
4. TERM OF AGREEMENT
This Agreement shall commence on the date of execution by all parties, and ends upon
completion of satisfactory delivery, assembly and acceptance of the goods and services, unless
terminated earlier under paragraph 18 of this Agreement.
5. ACCEPTANCE OF CONDITIONS BY CONTRACTOR
CONTRACTOR has, and shall maintain throughout the term of this Agreement, appropriate
licenses; and shall at all times remain an approved vendor under State Contract #425-001-06-1.
Proof of such licenses and approvals shall be submitted to the COUNTY upon request
6. FINANCIAL RECORDS OF CONTRACTOR
CONTRACTOR shall maintain all books, records, and documents directly pertinent to
performance under this Agreement in accordance with generally accepted accounting prmciples
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 tenn of the Agreement and for four years following the tennination
of this Agreement. If an auditor employed by the COUNTY or Clerk determines that monies.
paid to CONTRACTOR PW'SUant to this Agreement were spent for purposes not authorized by
this Agreement, the CONTRACTOR shall repay the monies together with interest calculated
pursuant to Sec. 55.03, FS, running from the date the monies were paid to CONTRACTOR.
7. PUBLIC ACCESS
The COUNTY and CONTRACTOR shaD allow and pennit reasonable access to, and inspection
ot; 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
CONTRACTOR in conjunction with this Agreement; and the COUNTY shall have the right to
unilaterally cancel this Agreement upon violation of this provision by CONTRACTOR.
8. HOLD HARMLESS AND INSURANCE
CONTRACTOR covenants and agrees to indemnify and hold harmless Monroe County Board of
Coun1y Commissioners from any and all claims for bodily injury (including death), personal
injury, and property damage (including property owned by Monroe County) and any other losses,
damages, and expenses (including attorney's fees) which arise out of, in connection with, or by
reason of seIVices provided by CON'IRACTOR occasioned by the negligence, errors, or other
wrongful act of omission of CONTRACTOR, 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 CONTRACTOR to comply with the
requirements of this section shall be cause for immediate tennination of this agreement
Prior to execution of this agreement, CONTRACTOR shall furnish the COUN1Y Certificates of
Insurance indicating the minimum coverage limitations in the following amounts:
WORKERS COMPENSATION AND E:MPLOYER'S LIABILTIY INSURANCE.
2
.... . on. ...... _....~.___
305?923516 MONROE COUNTY A TT 10:50:25 a.m_ 10-02-2006 4/9
Where applicable, coverage to apply for all employees at a minimum statutory limits as required
by Florida Law.
COMPREHENSIVE AUTOMOBILE VEHICLE 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 lnjUly Liability and Property
Damage Liability. Coverage shall include all owned vehicles, all non-owned vehicles, and all
hired vehicles.
COMMERCIAL GENERAL LIABILITY. 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.
CERTIFICATES OF lNSURANCE. Original Certificates ofInsuran_ce shan 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 10 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 insW'ance with respect to the COUNTY, its officials, employees, agents and volunteers.
9. NON-WANEROFIMMUN1TY
Notwithstanding the provisions of Sec. 286.28, Florida Statutes, the participation of COUNTY
and CONTRACTOR in this Agreement llnd 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 imoumity to the extent of liability coverage, nor shall any Agreement
entered. into by the COUNTY be required to contain any provision for waiver.
10. JNDEPENDENT CONTRACTOR
At all times and for all pwposes under this agreement CONTRACTOR is au independent 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 CONTRACTOR or any of his
employees, subs, servants, or agents to be employees of the Board ofCOUNlY Commissioners
of Monroe COUNTY.
11. NONDISCRlMINATION
COUNTY and CONTRACTOR agree that there wiD be no discrimination against any person, and
it is expressly understood that upon a determination by a court of competent jurisdiction that
discrimination has occUl1'ed, this Agreement automatically terminates without any further action
on the part of any party, effective the date of the court order. COUN1Y or CONTRACTOR
agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable,
relating to nondiscrimination. These include but are not limited to: I) Title VI of the Civil
Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or
national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-
. 1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the
Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the
basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC S8. 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
3
.....- _u .'..... ...... __0. . -.,..--..
3052923516 MONROE COUNTY A TT 10:51 :07 a.m. 10-02-2006 5/9
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, S5. 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 I
nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities
Act of 1990 (42 USC s. 120] Note), as maybe amended from time to time, relating to
nondiscrimination on the basis of disability; 10) Any other nondiscrimination provisions in any I
Federal or state statutes which may apply to COUNTY and CONTRACTOR to, or the subject !
matter of, this Agreement i
]2. ASSIGNMENT/SUBCONTRACT
CONTRACTOR shall not assign or subcontract its obligations Wlder this agreement to others,
except in writing and with the prior written approval of the Board of County Commissioners of
Monroe County and CONIRACTOR, which approval shall be subject to such conditions and
provisions as the Board may deem necessary. This paragraph shall be mcorpomted by reference
into any assignment or subcontract and any assignee or sub shall comply with all of the
provisions of this agreement. Unless expressly provided for therein, such approval shall in no
manner or event be deemed to impose any additional obligation upon the board.
13. COMPUANCE WITH LAW AND LICENSE REOlHREMMENTS
In providing all services/goods pursuant to this agreement:, CONTRACTOR shall abide by all
statutes, ordinances, roles and regulations pertaining to, or regulating the provisions of, such
services, including those now in effect and hereinafter adopted. Any violation of said statures,
ordinances, rules and regulations shall constitute a material breach of this agreement and shall
entitle the Board to tenninate this Agreement. CONTRACTOR shall possess proper licenses to
perfonn work in accordance witb these specifications throughout the term of this Agreement.
14. DISCLOSURE AND CONFLICT OF lliTEREST
CONTRACTOR 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 contmct, as provided in &:let. 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 infonnation.
Upon execution oftbis contract, and thereafter as changes may require, the CONTRACTOR shall
notify the COUNTY of any financial interest it may have in any and all programs in Monroe
County which the CONTRACTOR 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 CONTRACTOR warrant that, in re$peCt 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 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 making oftbis Agreement. For the breach or violation of the provision, the CONTRACTOR
agrees that the COUNTY shall bave the right to terminate this Agreement without liability and, at
4
.. ,. . ......-....-..
3052923516 MONROE COUNTY A TT 10:51 :53 a.m. 10-02-2006 6/9
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
CONTRACTOR shall not pledge the COUNTY's credit or make it a guarantor of payment or
surety for any contract, debt, obligation, judgment, lien, or any fonn of indebtedness.
CONTRACTOR further warrants and represents that it has no obligation or indebtedness that
would impair its ability to fulfill the tenus of this contract.
16. NOTICE REQUIREMENT
Any notice required or pennitted 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
16tb Judicial Circuit Court Administrator
502 Whitehead Street
Key West, Fl. 33041~1026
FOR CONTRACTOR:
Lisa Zion Lowe
ACCOUNT REPRESENTATIVE
7830 Byron Drive
West Palm Beach, Florida 33404
17. TAXES
COUNTY is exempt Horn payment of Florida State Sales and Use taxes. CONTRACTOR shall
not be exempted by virtue oftbe COUNTY'S exemption from paying sales tax to its suppliers for
materials used to fulfill its obligations under this contract, nor is CONTRACTOR authorized to
use the COUNlY'S Tax Exemption Number in securing such materials. CONTRACTOR shall
be responsible for any and aU taxes, or payments of withholding, related to services rendered
under this agreement.
18. TERMINATION
The COUNTY may terminate this Agreement with or without cause prior to the beginning of the
manufacture of the furnishings. The COUNTY or CONTRACTOR may tenninate this Agreement
for cause with seven (7) days notice to CONTRACTOR. Cause shan constitute a breach of the
obligations of either party to perfonn the obligations enumerated under this Agreement.
19. GOVERNlNG LA W. 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 perfonned 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 CONTRACTOR agree that venue will lie in
tile appropriate court or before the appropriare administrative body in Monroe COUNTY, Florida.
20. MEDIATION
The COUNTY and CONTRACTOR agree that, in the event of conflicting interpretations of tile
tenns or a tenn 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
5
-. -. ""'-.'. -- '" .............. ... .... , .... ...,....,... .. .-.~~.....~....
305':<'923516 MONROE COUNTY A TT 10:52 24 a.m. 10-02-2006 7/9
Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court
of Monroe County.
21. SEVERABILITY. If any tenn, 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 tenn, covenant,
condition and provision of this Agreement shall be valid and shall be enforceable to the fullest
extent pennitted by Jaw unless the enforcement of the remaining terms, covenants. conditions and
provisions of this Agreement would prevent the accomplishment of the original intent of this
Agreement. The COUNTY and CONTRACTOR agree to reform the Agreement to replace My
stricken provision with a valid provision that comes as close as possible to the intent of the
stricken provision.
22. AITORNEY'S FEES AND COSTS
COUNTY and CONTRACTOR agree that in the event any cause of action or administrative
proceeding is initiated or defended by any party relative to the enforcement or. interpretation of
this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and attorney's
fees. in appellate proceedings. Each party agrees to pay its own court costs, investigative, and
out-of-pocket expenses whether it is the prevailing party or not, through all levels of the court
system.
23. ADJUDICATION OF DISPUTES OR DISAGREEMENTS.
COUNlY and CONTRACTOR agree that a1l disputes and disagreements shall be attempted to be
resolved by meet and confer sessions between representatives of each of COUNlY and
CONTRACTOR. Ifno 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
Commissioners. If the issue or issues are still not resolved to the satisfaction of COUNTY and
CONTRACTOR" 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
fonnation, execution, perfonnance, or breach of this Agreement, COUNTY and CONTRACTOR
agree to participate. to the extent required by the other party. in all proceedings, hearings,
procesSes, meetings, and other activities related to the substance of this Agreement or provision
of the services under this Agreement. COUNTY and CONTRACTOR specifically agree tbat 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 CONTRACTOR and their respective legal representatives. successors.
and assigns.
26. AUTHORITY '.
Each party represents and warrants 19 the other that the execution. delivery and perfonnance of
this Agreement have been duly authorized by all necessary COUNTY and corporate action. as
required by law.
6
. ~... _ ...h
305"2923516 MONROE COUNTY ATT 10:53:03 a.m. 10-02-2006 B 19
27. CLAIMS FOR FEDERAL OR STATE AID
CONTRACTOR 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.
28. PRIVILEGES AND IMMUNITIE~
All of the privileges and immunities nom 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 IDlder this Agreement within the tenitoriallimits 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 RESPONSffiILITIES
This Agreement is not intended to, nor shall it be cons1rued as, relieving any participatiQg 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 entify, in which case the performance
may be offered in satisfaction of tIle obligation or responsibility. Further, this Agreement is not
intended to, nor shall it be construed as, authorizing the delegation of the con!ltitutionaI or
statutory duties of the COUNTY, except to the extent permitted by the Florida constitution. state
statute, and case law.
30. NON~RELIANCE BY NON-PARTIES.
No person or entity shall be entitled to rely upon the tenns, or any of them, of this Agreement to
enforce or attempt to enforce any third~party claim or entitlement to or benefit of any service or
program contemplated hereunder, and the COUNTY and the CONTRACTOR agree that neither
the COUNTY nor the CONTRACTOR or any agent:, officer, or employee of either shall have the
authority to infonn, counsel, or otherwise indicate that any particular individual or group of
individuals, entity or entities, have entitlements or benefits under this Agreement sepamte and
apart, inferior to, or superior to the community in general or for the purposes contemplated in this
Agreement
31. AlTESTATIONS
CONTRACTOR agrees to execute such documents as the COUNTY may reasonably require, to
include a Public Entity Crime Statement, an Ethics Statement, and a Drng-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, 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 ex.ecution of
this Agreement.
33. EXECUTION IN COUNTERPARTS
This Agreement may be executed in any number of counterparts, eacb of which shall be regarded
as an original, all of which taken together shall constitute one and the same instrument and any of
COUNTY and CONTRACTOR hereto may execute this Agreement by singing any such
counterpart.
7
............." .
30521)23,516 MONROECOUNTYATT 10:53:42a.m. 10-02-2006 9/9
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 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 CONTRACTOR hereto have executed this
Agreement:~4ay and date fll'St written above in four (4) counterparts. each of which shall,
with()~~J1ting for the other counterparts. be deemed an original contraet.
..' ,~,\i~~~'50~\,::.'
.. \ \,/ \" ." :':. BOARD OF COUNTY
(SEAL>' \ . COMMISSIONE
zt;~ :MONROEC ,FWIDA
Deputy Clerk Mayor Charles "Sonn ' McCoy
Date: OCT 1 8 2006 Date: OCT l' e, _
,..,
Thomas W. Ruff South Florida ~ ~ ~ ~
Wi~forCONTRAcroR: IL. 16' ~ ~~~ ~ ~
qd~./ 13. ~ Signature of person authorized to g~ ~ ~ ~
Signature legally bind Co);Iation ~: 53 ::;,:~~ ,:0
_ Date: /oj? d " ~c-):~: . ~ ~
Date: I (J / t) 2... / ~ L, , ;'-;-j5~ co g
. g 'I /' A "Tl C' .. _.....
~ E".J;V'~p., (. - 1-";1,/4"",, r- r11 ,f:'" ......
PrinN ' :> 0
t ame en
't:it'~ Address:7pJo 'i.,- /fl",
Sign _ (NEsr hI-I>> jJ" h .JJ'I~r/
Date: /d/, ?/h.6 Tel~hOneNUmber:
- , SLf~ '1.J,r:, 73 6V
MONROE COUNTY ATTORNEY
z%:i"OVEO AS TO FORM,
, . .;,~ -W c?a<3-dJ I
. NATILEENE W. CASSEL
ASSISTANT COUNTY ATTORNEY
Date 10--). .at. - I()":;).y_ {)b
8