Loading...
3. 03/15/2017 to 09/15/2017County of Monroe Ile Florida Keys Monroe County Board of County Commissioners Office of the County Administrator The Historic Gato Cigar Factory 1100 Simonton Street, Suite 205 Key West, FL 33040 (305) 292 -4441 — Phone (305) 292 -4544 - Fax MEMORANDUM BOARD OF COUNTY COMMISSIONERS Mayor George Neugent, District 2 Mayor Pro Tern David Rice, District 4 Heather Carruthers, District 3 Danny L. Kolhage, District 1 Sylvia J. Murphy, District 5 TO: Pamela Hancock — Executive Assistant FROM: Lindsey Ballard, Aide to County Administrator DATE: March 24, 2017 SUBJECT: Small Contracts for your records These small contract are for your records only. Enclosures: ✓Xerox — 1 Copy Coastal Systems International, Inc. — 1 Copy ✓Worxtime LLC — 1 Copy of each Contract Advanced Data Solutions, Inc. — 1 Copy .— I Ee- " all i 117 Thank you, Lindsey MONROE COUNTY CONTRACT FOR PROFESSIONAL SERVICES PROFESSIONAL SERVICES FOR THE SCANNING AND DIGITIZING OF RECORDS THIS CONTRACT is made and entered into this d3 TA day of lPAl'TU , A6l - t , by MONROE COUNTY ( "COUNTY "), a political subdivision of the State of Florida, whose address is Marathon Government Center, 2798 Overseas Highway, Marathon, Florida, 33050, and Advanced Data Solutions, Inc. ( "CONTRACTOR "), whose address is 141 Scarlet Boulevard, Suite A, Oldsmar, Florida 34677. Section 1. SCOPE OF SERVICES The CONTRACTOR shall do, perform and carry out in a professional and proper manner certain duties as described in the Scope of Services on Exhibit A. Section 2. COUNTY'S RESPONSIBILITIES Package the permit files for transport to the CONTRACTOR'S scanning facility. Section 3. TERM This contract is effective until September 15, 2017. Section 4. COMPENSATION Compensation shall be according to the rates shown on Exhibit B, attached. The maximum compensation available to the CONTRACTOR under this agreement is $49,900.00. The COUNTY agrees to pay the CONTRACTOR based on completion of work within the Scope of Services according to product delivered. Compensation shall be only for the amount of work completed, regardless of the cause of any delay. Section 5. PAYMENT TO CONTRACTOR Payment will be made after delivery of digitized documents is received according to the Local Government Prompt Payment Act. Any request for payment must be in a form satisfactory to the County Clerk (Clerk). The request must describe in detail the services performed and the payment amount requested. Section 6. CONTRACT TERMINATION Either party may terminate this contract because of the failure of the other party to perform its obligations under the Contract. COUNTY may terminate this contract for any reason upon fifteen (15) days notice to the CONTRACTOR. COUNTY shall pay CONTRACTOR for work performed through the date of termination. ADS Contract March, 2017 Page 1 of 11 /2C? Co tractor County Initials Initials Section 7. AUTHORIZATION OF WORK ASSIGNMENTS 7.1 Additional authorizations may contain additional instructions or provisions specific to the authorized work for the purpose of clarifying certain aspects of this Agreement pertinent to the work to be undertaken. Such supplemental instruction or provisions shall not be construed as a modification of this Agreement. Authorizations shall be dated and serially numbered. 7.2 The CONTRACTOR shall not assign, sublet, sub - contract or transfer any rights under or interest in (including, but not without limitations, moneys that may become due or moneys that are due) this agreement or subsequent Work Assignment without the written consent of the COUNTY, except to the extent that any assignment, subletting, or transfer is mandated by law or the effect of this limitation may be restricted by law. Unless specifically stated to the contrary in any written consent to any assignment, no assignment will release or discharge the assignor from any duty or responsibility under this agreement. Section 8. NOTICES All notices, requests and authorizations provided for herein shall be in a signed document and shall be hand delivered, or mailed, certified / registered / return receipt requested, or sent by courier service with a signed receipt, to the addresses as follows: To the COUNTY: Christine Hurley, Assistant County Administrator Monroe County BOCC 2798 Overseas Highway, Suite 410 Marathon, Florida 33050 Roman Gastesi, County Administrator 1100 Simonton Street, Suite 205 Key West, FL 33040 To the CONTRACTOR: Melody Engle Advanced Data Solutions, Inc. 141 Scarlet Boulevard, Suite A Oldsmar, FL 34677 or addressed to either party at such other addresses as such party shall hereinafter furnish to the other party in writing. Each such notice, request, or authorization shall be deemed to have been duly given when so delivered, or, if mailed, when deposited in the mails, registered, postage paid. Section 9. RECORDS CONTRACTOR 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 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 ADS Contract March, 2017 Page 2 of 11 k( - 7 Con actor County Initials Initials term of the agreement and for five years following the termination of this Agreement. If an auditor employed by the COUNTY or Clerk determines that moneys paid to CONTRACTOR pursuant to this Agreement were spent for purposes not authorized by this Agreement, the CONTRACTOR shall repay the moneys together with interest calculated pursuant to Sec. 55.03, FS, running from the date the monies were paid to CONTRACTOR. Section 10. EMPLOYEES SUBJECT TO COUNTY ORDINANCE NOS. 010 AND 020 -1990 The CONTRACTOR warrants that it has not employed, retained or otherwise had act on its behalf any former County officer or employee subject to the prohibition of Section 2 of Ordinance No. 010 -1990 or any County officer or employee in violation of Section 3 of Ordinance No. 020 -1990. For breach or violation of this provision the COUNTY may, in its discretion, terminate this agreement without liability and may also, In its discretion, deduct from the agreement or purchase price, or otherwise recover the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee. Section 11. CONVICTED VENDOR A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not perform work as a CONTRACTOR, supplier, subcontractor, or CONTRACTOR under 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 the Category two for a period of 36 months from the date of being placed on the convicted vendor list. Section 12. GOVERNING LAW, VENUE, INTERPRETATION, COSTS AND FEES This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the COUNTY and CONTRACTOR agree that venue shall lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. 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. Both parties specifically waive their right to a trial by jury. This Agreement is not subject to arbitration. Section 13. 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 this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and pFraictor s of this Agreement would ADS Contract March, 2017 Page 3 of 11 e C County Initials Initials prevent the accomplishment of the original intent of this Agreement. The COUNTY and CONTRACTOR 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. Section 14. ATTORNEY'S FEES AND COSTS The 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, 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. Section 15. BINDING EFFECT The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the COUNTY and CONTRACTOR and their respective legal representatives, successors, and assigns. Section 16. 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. Section 17. ADJUDICATION OF DISPUTES OR DISAGREEMENTS COUNTY and CONTRACTOR agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If no resolution can be agreed upon within 30 days after the first meet and confer session, the issue or issues shall be discussed at a public meeting of the Board of County Commissioners. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. Section 18. COOPERATION In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, COUNTY and 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 that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. Section 19. NONDISCRIMINATION COUNTY and CONTRACTOR agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. COUNTY or CONTRA R agree to comply with all ADS Contract March, 2017 Page 4 of 11 7 Cont actor County Initials Initials Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: Title VII of the Civil Rights Act of 1964 (PL 88 -352) which prohibits discrimination on the basis of race, color or national origin; 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; Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; The Age Discrimination Act of 1975, as amended (42 USC ss. 6101 -6107) which prohibits discrimination on the basis of age; The Drug Abuse Office and Treatment Act of 1972 (PL 92 -255), as amended, relating to nondiscrimination on the basis of drug abuse; 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; 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; Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as may be amended from time to time, relating to nondiscrimination on the basis of disability; Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. Section 20. COVENANT OF NO INTEREST COUNTY and CONTRACTOR 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. Section 21. 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. Section 22. NO SOLICITATION /PAYMENT The COUNTY and CONTRACTOR warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the CONTRACTOR agrees that the COUNTY shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. Section 23. PUBLIC ACCESS The COUNTY and CONTRACTOR shall allow and permit reasonable access to, and inspection of, all documents, papers, letters or other materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the COUNTY and ADS Contract March, 2017 Page 5 of 11 P-6 Con ractor County Initials Initials 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. Section 24. NON - WAIVER OF IMMUNITY Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the COUNTY and the CONTRACTOR in this Agreement and the acquisition of any commercial liability insurance coverage, self- insurance coverage, or local 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. Section 26. 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 performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the COUNTY. Section 26. LEGAL OBLIGATIONS AND RESPONSIBILITIES Non - 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 performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the COUNTY, except to the extent permitted by the Florida constitution, state statute, and case law. Section 27. NON - RELIANCE BY NON - PARTIES No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third -party claim or entitlement to or benefit of any service or program contemplated hereunder, and the COUNTY and the CONTRACTOR agree that neither the COUNTY nor the CONTRACTOR or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. Section 28. ATTESTATIONS CONTRACTOR agrees to execute such documents as the COUNTY may reasonably require, including a Public Entity Crime Statement, an Ethics Statement, and a Drug -Free Workplace Statement. Section 29. 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 he4indi ual capa city, and no member, ADS Contract March, 2017 Page 6 of 11 12.7 ctor County Initials Initials officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. Section 30. 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 counterpart. Section 31. 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. Section 32. INSURANCE POLICIES 32.1 GENERAL INSURANCE REQUIREMENTS FOR CONTRACTORS AND SUBCONTRACTORS As a pre- requisite of the work governed, or the goods supplied under this contract (including the pre - staging of personnel and material), the CONTRACTOR shall obtain, at his /her own expense, insurance as specified in any attached schedules, which are made part of this contract. The CONTRACTOR will ensure that the insurance obtained will extend protection to all Subcontractors engaged by the CONTRACTOR. As an alternative, the CONTRACTOR may require all Subcontractors to obtain insurance consistent with the attached schedules. The CONTRACTOR will not be permitted to commence work governed by this contract (including pre - staging of personnel and material) until satisfactory evidence of the required insurance has been furnished to the COUNTY as specified below. Delays in the commencement of work, resulting from the failure of the CONTRACTOR to provide satisfactory evidence of the required insurance, shall not extend deadlines specified in this contract and any penalties and failure to perform assessments shall be imposed as if the work commenced on the specified date and time, except for the CONTRACTOR's failure to provide satisfactory evidence. The CONTRACTOR shall maintain the required insurance throughout the entire term of this contract and any extensions specified in the attached schedules. Failure to comply with this provision may result in the immediate suspension of all work until the required insurance has been reinstated or replaced. Delays in the completion of work resulting from the failure of the CONTRACTOR to maintain the required insurance shall not extend deadlines specified in this contract and any penalties and failure to perform assessments shall be imposed as if the work had not been suspended, except for the CONTRACTORS failure to maintain the required insurance. The CONTRACTOR shall provide, to the COUNTY, as satisfactory evidence of the required insurance, either: • Certificate of Insurance or A Certified copy of the actual insurance policy. ADS Contract March, 2017 Page 7 of 11 Rb Or Co tractor County Initials Initials The County, at its sole option, has the right to request a certified copy of any or all insurance policies required by this contract. All insurance policies must specify that they are not subject to cancellation, non - renewal, material change, or reduction in coverage unless a minimum of thirty (30) days prior notification is given to the County by the insurer. The acceptance and /or approval of the Contractor's insurance shall not be construed as relieving the Contractor from any liability or obligation assumed under this contract or imposed by law. The Monroe County Board of County Commissioners, its employees and officials will be included as "Additional Insured" on all policies, except for Workers' Compensation. 32.2 INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN COUNTY AND CONTRACTOR 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: Premises Operations Bodily 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. 32.3 VEHICLE LIABILITY INSURANCE REQUIREMENTS Recognizing that the work governed by this contract requires the use of vehicles, the CONTRACTOR, prior to the commencement of work, shall obtain Vehicle Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum, liability coverage for: • Owned, Non - Owned, and Hired Vehicles The minimum limits acceptable shall be: ADS Contract March, 2017 Page 8 of 11 94 C tractor County Initials Initials $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 The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. 32.4 WORKERS' COMPENSATION INSURANCE REQUIREMENTS Prior to commencement of work governed by this contract, the CONTRACTOR shall have proof of Workers' Compensation Insurance with limits sufficient to respond to the applicable state statutes. In addition, the CONTRACTOR shall obtain Employers' 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 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. 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 CONTRACTOR's 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 CONTRACTOR's Excess Insurance Program. If the CONTRACTOR participates in a self- insurance fund, a Certificate of Insurance will be required. In addition, the CONTRACTOR may be required to submit updated financial statements from the fund upon request from the County. Section 33. INDEMNIFICATION Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement, the CONTRACTOR covenants and agrees that he shall defend, indemnify and hold the COUNTY and the COUNTY'S elected and appointed officers and employees harmless from and against (i) any claims, actions or causes of action, (ii) any litigation, administrative proceedings, appellate proceedings, or other proceedings relating to any type of injury (including death), loss, damage, fine, penalty or business interruption, and (iii) any costs or expenses that may be asserted against, initiated with respect to, or sustained by, any indemnified party by reason of, or in connection with, (A) any activity of CONTRACTOR or any of its employees, agents, contractors in any tier or other invitees during the term of this Agreement, (B) the negligence or willful misconduct of CONTRACTOR or any of its employees, agents, contractors in any tier or other invitees, or (C) CONTRACTOR'S default in respect of any of the obligations that it undertakes under the terms of this Agreement, except to the extent the claims, actions, causes of action, litigation, proceedings, costs or expenses arise from the intentional or sole ADS Contract March, 2017 Page 9 of 11 e- C-7 C ntractor County Initials Initials negligent acts or negligent acts in part or omissions of the COUNTY or any of its employees, agents, contractors or invitees (other than CONTRACTOR). Insofar as the claims, actions, causes of action, litigation, proceedings, costs or expenses relate to events or circumstances that occur during the term of this Agreement, this section will survive the expiration of the term of this Agreement or any earlier termination of this Agreement. In the event the completion of the project (including the work of others) is delayed or suspended as a result of the Contractor's failure to purchase or maintain the required insurance, the Contractor shall indemnify the County from any and all increased expenses resulting from such delay. The first ten dollars ($10.00) of remuneration paid to the Contractor is for the indemnification provided for above. Section 34. INDEPENDENT CONTRACTOR At all times and for all purposes hereunder, the CONTRACTOR is an independent contractor and not an employee of the Board of County Commissioners. No statement contained in this agreement shall be construed so as to find the CONTRACTOR or any of his /her employees, contractors, servants or agents to be employees of the Board of County Commissioners for Monroe County. As an independent contractor the CONTRACTOR shall provide independent, professional judgment and comply with all federal, state, and local statutes, ordinances, rules and regulations applicable to the services to be provided. The CONTRACTOR shall be responsible for the completeness and accuracy of its work, plan, supporting data, and other documents prepared or compiled under its obligation for this project, and shall correct at its own expense all significant errors or omissions therein which may be disclosed. The cost of the work necessary to correct those errors attributable to the CONTRACTOR and any damage incurred by the COUNTY as a result of additional costs caused by such errors shall be chargeable to the CONTRACTOR. This provision shall not apply to any maps, official records, contracts, or other data that may be provided by the COUNTY or other public or semi - public agencies. Section 35. DELAY The CONTRACTOR agrees that no charges or claims for damages shall be made by it for any delays or hindrances attributable to the COUNTY during the progress of any portion of the services specified in this contract. If possible, such delays or hindrances, if any, shall be compensated for by the COUNTY by an extension of time for a reasonable period for the CONTRACTOR to complete the work schedule. Such an agreement shall be made between the parties based on funding availability. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed on the a'K' day of ft?, tln 20 0 . MONROE C NTY BOAR U C MISSIONERS By Roman Gastesi, County Administrator ADS Contract March, 2017 Page 10 of 11 1<4-6 Contractor County Initials Initials (CORPORATE SEAL) ATTEST: By Or � US A ��� o d—W Print Name: e fC — L R ES Hfnr'y - ADVANC DATA By Melody S. r ONS, INC. President STATE OF FLO IDA COUNTY OF k The foreg ing instrument was acknowledged before me this day of L 20� by as President of and for Advanced Data Solutions, Inc. who is [ personally known to me, or who [ ] has produced a drivers license as identification. SEAL j. CARQL L ORWBlQ. . MY COMM8SIOM * PF24390 EXPIRES JWS.26.209 Mo�� y4!-0�6J .cwn ADS Contract March, 2017 Page 11 of 11 K11 •. •' i , . Notary Public My commission expires: ( �2-'t'<on) 4 Z C � Contractor County Initials Initials EXHIBIT A SCOPE OF SERVICES Scanning and Digitizing of Records 1. Introduction Contractor to provide document imaging services including scanning, indexing, and associated work to process hardcopy documents into digital formats. Hardcopy Documents included in this scope range from index card sizes to Architectural E (36" x 48 ") sized plans. Digital images generated by these services will be loaded into the County's existing Captaris Alchemy Search Document Management System Version 8.3. Data generated including digital images from scanned documents and metadata, shall be in delivered in formats as specified in Section 3.g. below for inclusion in that system. 2. Definitions Contractor— Advanced Data Solutions, Inc. County — Monroe County Job Order — A document issued to provide specific instructions to have a particular set of documents prepared, scanned, and delivered back to the County for loading into the Document Management System. Job Orders are not limited as to size and will generally be composed of a particular set of documents that can be managed through a common set of indexes. Document Management System — Refers to the County's Captaris Alchemy Search Document Management System Version 8.3. Hardcopy Document — Refers to original format of documents given by County to Contractor to be scanned which can include various types of paper, drafting film (typically polyester), and photographs. 3. Scope of Services The scope of these services shall include the following: a. Hardcopy Document Pickup, Temporary Storage, and Return of Hardcopy Documents Pickup of Hardcopy Documents to be scanned shall be initiated by issuance of a Job Order by the County that will provide the name of the County's designated coordinator. Contractor should be prepared to provide a minrntractor f one (1) trip per two weeks for Page 1 of 6 lZ - 7 County Initials Initials pickup of Hardcopy Documents and delivery of scanned images. Each trip shall include one (1) hour minimum to meet with the designated County representative at the County offices located at 102050 Overseas Highway in Key Largo ( "Key Largo ".) The Contractor shall confirm inventory of the Hardcopy Documents to be transported to the Contractor's facility for temporary storage, scanning, and return to County offices in Key Largo. The turnaround time for return shall be a maximum of fourteen (14) calendar days unless a longer turnaround time for the Job Order is deemed acceptable to the County's designated coordinator. Routing /Box control sheets provided by the County will be used to ensure documents removed are tracked and returned. The Contractor shall be responsible for all Hardcopy Documents taken off County property. At a minimum, the Contractor's temporary storage facility shall include locks, security access, fire alarms, extinguishers, and a disaster recovery plan. Pickup and return costs shall include trip costs between Contractor's facility and County offices in Key Largo, meeting time with County's representative, and temporary storage of the Hardcopy Documents to be scanned. b. Preparation of Hardcopy Documents to be Scanned The Contractor shall coordinate with County staff to have a pre - performance meeting on preparation for the Large and Small Format Hardcopy Documents for each Job Order issued. Assigned County staff will be present, if deemed necessary by the County, during the initial preparation work on the documents to ensure protocols developed meet County standards. The Contractor will perform document preparation tasks, which shall include removal of folders and binders from boxes, extraction of pages from folders and binders, Hardcopy Document type identification, removal of staples, clips, fasteners, relocate Post -It note(s) reference specific aspects of a document, shading of seals, insertion of document control sheets, stamping "Original not Legible ", and other actions necessary to ensure that a legible image is produced. All raised seals will be embossed so as to not interfere with the original signatures or other original information. The Contractor shall conduct minor repairs as part of preparation, as required, to Hardcopy Documents so that they are ready for scanning. These repairs include, but are not limited to, unfolding of Hardcopy Documents, repair of torn Hardcopy Documents, smoothing of creases, and other tasks necessary to ensure clear scanning of images. The price per page for both Large and Small Format scanning shall include preparation of Hardcopy Documents. Unusual items will be identified which require special attention such as illegible records, misfiled items, unusual color schemes, photo negatives, and dark highlighted items. Such items will be discussed by Contractor and designated County representative to ensure resolution. Page 2 of 6 — �t C o ractor County Initials Initials c. Hardcopy Document Scanning, Software, Reports, and Ad -hoc Retrieval 1) Scanning. The County requires that all Hardcopy Documents shall be scanned into a format and indexing scheme as specified by the County. Scanning shall be performed at a minimum 300 dpi resolution including maps and engineering drawings. All documents shall be scanned in compliance with the Florida Department of State's General Records Schedule GS1 -SL for State and Local Government Agencies (Florida Records Retention Schedule), and Florida Statutes - Chapter 119 (Florida Public Records Act). Different size pages may need to be merged into one document depending on the Job Order specifications. The size of pages for this effort will include a minimum index card size up to Architectural E size or similar. An output file will be provided as specified for the scanned images and index. a) Hardcopy Documents shall be scanned and reviewed in batches. b) All Hardcopy Documents shall be scanned at a minimum of 300 dpi (higher dpi resolutions shall be used only when deemed necessary by the County or recommended by the Contractor.) c) Where stipulated in a Job Order, scanning shall be required at 100% scale. d) Various scan thresholds shall be adjusted to obtain the highest image quality possible. e) Duplicate scans shall be made in cases where legibility on sections of Hardcopy Documents can only be obtained with certain settings such as part of a document is damaged requiring settings which deem the remainder of the Hardcopy Document illegible. This shall also apply where Post -It notes reference specific sections of a Hardcopy Document and this can only be captured using multiple scans. f) Hardcopy Documents may need to be scanned using unique file names preventing the possibility of duplicate source image file names. Such file named shall be determined before project commencement in conjunction with designated County representative. g) Damaged Hardcopy Documents shall be stamped "Original not Legible" indicating to County that a best effort was made to obtain legibility. h) The use of VRS (Virtual Rescan) or a similar scan fixing technology shall be deployed when necessary. i) Hardcopy Documents shall be scanned utilizing both County Document Keyword Indices including permit numbers, County Property Appraiser real estate numbers, and permit owner name for Building Department records; and Contractor control numbers. j) Control logs shall be signed off and dated at time of pickup and again after each batch /box of records is scanned. k) Contractor shall review scanned Hardcopy Documents of each Job Order during the beginning, work -in- progress, and completion stages of production. Any Page 3 of 6 KCB C ntractor County Initials Initials unusual or problem area shall be discussed immediately and the designated County representative will be contacted to ensure resolution. 2) Deliverables. The Contractor shall provide images and an agreed upon indexing scheme, output file on CD- ROM /DVD discs to County upon completion of scanning procedures. In specific cases, certain Hardcopy Documents may need to be delivered using external hard drive media due to document size. a) Hardcopy Documents shall be delivered to the County Key Largo facility, unless otherwise agreed upon. b) Hardcopy Documents shall not be destroyed by the Contractor unless otherwise specified and proper document destruction documentation is provided to the County and complies with the applicable requirements of the above - referenced Florida Public Records Act and the Florida Records Retention Schedule. c) Reports: The Contractor shall provide County with reports (to accompany each submitted batch of data) that detail all index field information and source image file names. Such reports can be used by County for quality control purposes of comparing Hardcopy Document control logs to the electronic "end product" of each batch. Also, these reports can be used and retained by County to support records disposition requirements in the event that County chooses to destroy the records digitized by the Contractor. d) Ad -Hoc Retrieval Requests: There are often documents that need to be seen immediately by a County customer and /or staff. To circumvent potential problems with the documents being stored and scanned off -site during the project, the Contractor shall coordinate daily with authorized County staff for ad- hoc requests from authorized County staff for specific Hardcopy Documents and shall scan, index, and transmit them to County within one (1) working day of receipt of the request. Expedited delivery of documents shall be at the discretion of the County's representative and can be made by overnight shipping, courier, fax, CD, DVD, email or FTP as deemed appropriate. d. Indexinq Files shall be indexed by permit number and other Keyword Index values as required by the Job Order specifications and as described in 1) i). County will provide a detailed protocol and instructions for each Job Order to ensure contract standards are met. Protocols may vary as necessary to meet unique County requirements; but will generally follow this format and be to a similar level of detail. The Document Keyword Index prices quoted shall include all indexing costs. All three (3) indices as described in 1) i) are required. Page 4 of 6 1 9-6 C tractor County Initials Initials Index schemes used shall be based upon agreed upon fields determined at the beginning of each Job Order by the designated representative of County and the Contractor. Index scheme rules for each Job Order shall be documented before the order starts and be approved and signed off on by both County and the contractor to ensure understanding and agreement of project specifications. Index quality control measures shall be taken to achieve the highest accuracy such as total digit field comparisons (8 characters vs. 10.) Control sheets shall be approved and signed off and dated by the Contractor after each batch /box of records is scanned. Contractor shall review indexed data during the beginning, work -in- progress, and completion stages of production. Any unusual or problem areas such as unsystematic number or alpha schemes or misfiled records shall be discussed and the designated County representative shall be contacted to ensure resolution. Any issues identified shall be documented by the Contractor and discussed with the County representative assigned to handle the project. e. Quality Control and Quality Assurance The Contractor shall establish and perform a quality control /quality assurance process during scanning and prior to product delivery similar to the following. The Contractor shall initially examine all original documents for legibility. Originals that are not legible shall be stamped "Original not Legible" prior to scanning. Imaged data shall be compared to Hardcopy Document one file at a time to ensure record completeness, overall clarity, and legibility. Images of legible originals must be legible. All pages shall be viewed for legibility and all blank pages shall be deleted. Documents shall be reviewed in batches by at least two (2) Contractor staff to provide adherence to quality control. Re- scans, if necessary, shall be identified and performed during this quality control stage. Indexed profile fields and file names shall be exported into a file format as mutually agreed to during the Job Order and transmitted to County with the electronic images. Some deliveries may require special instructions per output file /text file. After final review data shall be transferred to County by CD -ROM / DVD media. f. Image Cleanup At a minimum, Contractor shall be required to perform the following cleanup on scanned images as part of its quality control process: 1) Remove image edged (paper extents); 2) De -skew images; 3) De- speckle blank areas; and 4) Orient images correctly (rotate as necessary) Page 5 of 6 I�C7 qCt County Initials Initials g. Delivery Format Documents shall be scanned and delivered in PDF format. 300 dpi or higher to comply with current State of Florida record keeping standards. Metadata shall be delivered in ASCII /text format, comma delimited specification. h. Acceptance To determine acceptance of a delivery of scanned documents, County will perform a random review of a fixed percentage of delivered scans to evaluate the accuracy, quality, and completeness of the product relative to the Hardcopy Documents. Acceptance of the delivery will be based on this review meeting the Contractor's written guarantee submitted with their bid as to product quality. Should this review not meet those written guaranteed requirements, County, at its discretion, may increase the percentage of reviewed scans to determine if the review is consistent across the delivery, and /or discuss the results of the review with the Contractor. Should this review and discussion process not resolve the quality issue to the satisfaction of the County, then County may return the delivery for rework by the Contractor. i. Subcontractors In the event that the Contractor, during the course of the work, requires the services of any subcontractors or other professional associates in connection with services authorized to be performed, the Contractor shall first secure the prior express written approval of County. If subcontractors of other professional associates are required, then the Contractor shall remain fully responsible for the services of subcontractors or other professional associates. j. Ownership and Access to Records and Audits All records, books, documents, maps, data, deliverables, papers, and information that result from the Contractor providing services to the County shall be the property of County. Records management practices and regulations shall be applied and integrated into this project as stated in the Florida Administrative Code, Chapter 1 B- 26.003 "Records Management — Standards and Requirements, Electronic Recordkeeping ", as governed by the Florida Department of State, Division of Library and Information Services. Page 6 of 6 Co tractor County Initials Initials EXHIBIT B PAYMENT RATES Scanning and Digitizing of Monroe County Records 1. Color Conversion of Small Format (Index Card / Letter / Legal / Ledger) Documents 2. Color Conversion of Large Format (larger than Ledger up to and including Architectural Size E) Documents 3. Document Keyword Index 4. Pickup, Temporary Storage, and Return of Documents — (Maximum of 125 Boxes per Trip) $0.032 per Image $0.320 per Image $0.0025 per Keystroke $150.00 per Trip ($300.00 per Round Trip To /From County Offices in Key Largo) 5. Database Management No Charge (Ongoing File, Folder, Index, Profile Organization, Cumulative and Consecutive Discs Created Within Alchemy Platform / No Batch Import Requirement by County IT Professionals or Database Management) 6. Disc Copies $15.00 per Disc Page 1 of 1 e�'�)uo Contractor County Initials Initials