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Item C12BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date:_ January 16, 2013 Bulk Item: Yes x No Division: Emergency Services Department: Fire Rescue 289 - Staff Contact Person: Ma Navali ext. 60 10 AGENDA ITEM WORDING: Approval of an Amendment to the Gila LLC dlbla Municipal Services Bureau ("MSB") Agreement with Monroe County Board of County Commissioners ("County") for collections of outstanding account receivables from ground and air ambulance transports. ITEM BACKGROUND: On October 1, 2010 the County entered into an Agreement between the Monroe County Board of County Commissioners and the Board of Governors Fire and Ambulance District 1 of Monroe County with Gila LLC d/b/a Municipal Services Bureau (MSB). The original agreement provides for two additional one (1) year terms, with approval of the District's governing Board. Monroe County Board of County Commissioners approved the first renewal option effective from October 1, 2011 through September 30, 2012 with Gila LLC dlb/a Municipal Services Bureau (MSB). The Agreement as renewed subsequently expired on September 30, 2012. The amendment to the Agreement between MSB and the County will extend the agreement on a month -to -month basis to allow the County an opportunity to assess its future needs with respect to ground and air ambulance collections. PREVIOUS RELEVANT BOCC ACTION: On October 1, 2010 the County entered into a new service agreement between Gila LLC d/b/a Municipal Services Bureau (MSB) and Monroe County Board of County Commissioners and Monroe County Board of Governors Fire and Ambulance District 1 effective October 1, 2010 for the collection of outstanding ground and air ambulance account receivable balances. On September 21, 2011 the Board of County Commissioners and Monroe County Board of Governors Fire and Ambulance District 1 approved the first renewal option effective from October 1, 2011 through September 30, 2012 with Gila LLC d/b/a Municipal Services Bureau (MSB). The Agreement as renewed subsequently expired on September 30, 2012. CONTRACT/AGREEMENT CHANGES: Agreement will be on a month -to -month basis until terminated by either party by providing ten days written notice. STAFF RECOMMENDATIONS: Approval. TOTAL COST: $4,300.00/year INDIRECT COST: BUDGETED: Yes X No *Estimate based on avera a amount paid over the past year to MSB for ground ambulance collections. COST TO COUNTY: See above SOURCE OF FUNDS: 13001-530-340 and 11001 530 340 REVENUE PRODUCING: Yes �No X AMOUNT PER MONTH Year APPROVED BY: County Atty V OMB/Purchasing Risk Managemen DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM # MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Contract with: Gila LLC dlbla CONTRACT SUMMARY Contract #� Municipal Services Effective Date: 10/01 /2012 Bureau (MSB) Expiration Date: - Contract Purpose/Description: Retroactively renew and extend Agreement on a month -to -month basis for collections of outstanding account receivables from ground and air ambulance transport. T 1 1 1 1 w • • ^I •ww�w�n���+Y•wnr••�•wn••wwww�l r�l�r Contract Manager: Mary Napoli (Name) for BOCC meeting on 0111 612013 6010 Emergency Services /Stop 14 (Ext.) (Department/Stop #) Agenda Deadline: 01/02/2013 CONTRACT COSTS Total Dollar Value of Contract: $ $4,300.00/ year Current Year Portion: $ Budgeted? Yes® No F-1 Account Codes: 13� 001-530-340 - - Grant: $ 11001-530-340 - - County Match: $ - - - - ADDITIONAL COSTS Estimated ongoing Costs: $ lyr For: (Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.) CONTRACT REVIEW Changes Date In Needed ,aR✓`—r Division Director /-,:P /3 Yes[:] No�--'� Risk Management Yes[—] No O.M.B./Purchasing dY Yes❑ No[]' �(%�� County Attorney 1 12,017- Yes❑ No[g/ Cc OMB Form Revised 2.27/01 MCP #2 Date Out �Ilnni I2AIlIA 4 Af%-Il a r-f%D ACORD. CERTIFICATE OF LIABILITY INSURANCE DATE(MWDDNYYY) 3107/2012 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING 1NSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lleu of such endorsement(sj. PRODUCER Wortham Insurance & Risk Mgt TACT E: PH2NE , 512 453-0031 FAX AJC No Ext . Alc Na ; 512 453-0041 221 West Sth St #1400 Austin, TX 78701 512 453-0031 E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC A INSURER A: Hartford Casualty Insurance Co. 29424 INSURED Gila, LLC dba: Municipal Service Bureau & Gila Group 8325 Tuscany Way, Building 4 Austin, TX 78754 INSURER B : INSURER C : INSURER D INSURER E INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OF INSURANCE S L WVD SUB POLICY NUMBER M! EFF 1NMOfDDIYYYYPY LIMITS A GENERAL LIABILITY 65UUNJW4586 3/0112012 031012013 EACH OCCURRENCE $1,000,9000 X COMMERCIAL GENERAL LIABILITY 0 f a , $ 300 000 P �� CLAIMS -MADE 5x]OCCUR MED EXP (Any one parson) S10,000 PERSONAL a ADV INJURY $1 000 000 GENERAL AGGREGATE s2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS - COMPIOP AGG s2,000,000 7 POUCYF_1 PRD LOC JE _ S A AUTOMOBILE LIABILITY 65UUNJW4586 310112012 03/01/201 Ea aercdenl SINGLE LIMIT 1,0009000 ANY AUTO BODILY INJURY (Par person) 5 ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ H RED AUTOS V NON -OWNED AUTOS PROPERTY DAMAGE $ Par accident F $ A X UMBREf_LA LIAB X OCCUR 65RHUJW1423 3/01/2012 03/0112013 EACH OCCURRENCE S6,000,000 EXCESS UAS CLAIMS -MADE AGGREGATE $5000 000 ❑ED I X1 RETENTION S10,000 $ A WORKERS COMPENSATION 65WEZU1313 3101l2012 03l011201 )[ WC STATU- OTH- T 1r= R AND EMPLOYERS, LIABILITYlim-l-lulT, YIN ANY PROPRIETORIPARTNERIEXECUTIVE E L EACH ACCIDENT $1 000 000 OFFICERIMEMBER EXCLUDED? (Mandatory In NH) N I A E L DISEASE - EA EMPLOYEE S1 O00000 If yas, describe under DESCRIPTION OF OPERATIONS below El DISEASE - POLICY LIMIT 151,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Addition! Remarks Schedule, if more space Is reel Forms and Endorsements Schedule: Commercial General Liability Coverage a Form #HG0001 0605 Ail }� - Commercial Automobile Broad Form Endorsement #HA9916 0910 F-4'�'.r.� f }. 1 CERTIFICATE HOLDER CANCELLATION RE Monroe County Board of County SH THE SHOULD EXPIRATION DATE ABOVE THEREOF, DESCRIBED NOTICE I 1MES LL BE CANCELLED tEEL VEREO� N Commissioners ACCORDANCE WITH THE POLICY PROVISIONS. 490 63rd Street Ocean Marathon, FL 33060 AUTHORIZED REPRESENTATIVE S QD 1933-2010 ACORO CORPORATION. All rlgntS reserved- ACORD 25 (2010105) 1 of 1 The ACORD name and logo are registered marks of ACORD #S2942391M293194 14UT AMENDMENT TO AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE BOARD OF GOVERNORS OF FIRE AND AMBULANCE DISTRICT 1 OF MONROE COUNTY, FLORIDA, AND GILA CORPORATION d/b/a MUNICIPAL SERVICES BUREAU FOR COLLECTION OF OUTSTANDING AMBULANCE ACCOUNTS THIS AMENDMENT to agreement, dated the day of 2012, is entered into by and between the Board of County Commissioners and the Board of Governors of Fire and Ambulance District 1 of Monroe County, Florida (hereinafter collectively called the County), and Gila LLC dlbla Municipal Services Bureau (hereinafter called MSB). WHEREAS, on September 15, 2010, the County entered into an agreement with MSB for collections of outstanding accounts receivables from ground and air ambulance transports ("Agreement"); and WHEREAS, the Agreement was subsequently renewed on October 19, 201 '1; and WHEREAS, this Agreement as renewed subsequently expired on September 30, 2012, but WHEREAS, the parties wish to extend the agreement on a month -to -month basis to allow the County an opportunity to assess its future needs with respect to ground and air ambulance collections; NOW, THEREFORE, in consideration of the mutual covenants contained herein the parties agree to the amended agreement as follows: '1. Paragraph 3 of the Agreement is amended and replaced with the following: "The Agreement dated September 15, 2010, as subsequently renewed, is retroactively renewed as of October'1, 2012 and extended on a month to month basis." 2. The first sentence in paragraph 4 of the Agreement is amended to read as follows: "This agreement shall continue, month to month, until terminated by either party by providing ten (10) days written notice in accordance with paragraph 11." 3. In all other respects, the provisions of the Agreement dated September 15, 2010, as subsequently renewed, remain in full force and effect. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK IN WITNESS WHEREOF, the parties have set their hands and seal on the day and year first above written. (SEAL) Attest: Amy Heavilin, Clerk Deputy Clerk (SEAL) Attest: Amy Heavilin, Clerk Deputy Clerk (CORPORATE SEAL) Attest: By Secretary Print Name Date: Board of County Commissioners of Monroe County Mayor/Chairman Board of Governors, Fire and Ambulance District No. 1 Mayor/Chairman Gila LLC dlbla Municipal Services Bureau rrint name Date: I I-- OR TWO WITNESSES (only necessary if the President does not sign) (1) (1) Print Name Date: (2) (2) Print Name Date: YASF0 5�T A-� Nam( .4Tl�2iJt�j (Z-i3--- ao)a- AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE BOARD OF GOVERNORS FIRE AND AMBULANCE DISTRICT I OF MONROE COUNTY, FLORIDA AND GILA CORPORATION d/b/a MUNICIPAL SERVICES BUREAU FOR COLLECTION OF OUTSTANDING AMBULANCE ACCOUNTS THIS AGREEMENT, ("AGREEMENT") is made and entered into this 15"' day of September 2010, by and between the Board of County Commissioners and the Board of Governors of Fire and Ambulance District 1 of Monroe County, Florida, (herein referred to collectively as the "COUNTY") and Gila Corporation dlbla Municipal Services Bureau (herein referred to as "MSB"), W ITN ES S ETH WHEREAS, MSB represents that it wishes to provide services as hereinafter more specifically enumerated to the COUNTY for collections of said outstanding accounts receivables from ground and air ambulance transports; and 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 manner and will comply with 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 acid last known addresses of the Debtors, all information regarding the date(s) of the alleged debts), 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 format 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 of this Agreement shall be October 1, 2010 through September 30, 2011. 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 Governors Fire and Ambulance District1. 4. CONTRACT TERMINATION -- Either party may terminate this agreement by providing ninety (90) days written notice. Upon notice of tennination 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 of tennination. MSS will be paid for its services through the tennination date and MSB will not incur any expenses after notice of tennination except those necessary to properly wind up its obligations under this contract and properly perform this contract. All inoney received on accounts, by MSB, after the tennination 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 turning 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 tennination date of this contract. The provision for MSB to turn over documents and to provide all funds due and owing the COUNTY will survive the tennination of this 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 pennits, 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 by the twenty-first day of the following month reflecting the status of all accounts that are currently active and MSB's collection results as of the last day of the previous month. This report NN ill include the following information: a. Debtor's blame b. Debtor's Account Number c. Amount paid on the account during the preceding month including ainounts 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 of litigation 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. 8. COMMISSION RATES -- For all accounts referred 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 oil 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 checks/fingerprints scans for all current and future MSB employees, National Skip tracking services, toll -free telephone numbers for debtors, independent security audit, and electronic interface (in-house prograinmers). 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. MSS 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 MSS shall have no liability for any amounts uncollected. The only liability of MSB will be to forward any funds collected to the COUNTY subjected to MSB collecting its commission amount. 10. LEGAL ACTION - MSB shall snake 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. MSS 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 immediate return of the account. If the COUNTY has been given legal authorization 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 53'd Street Ocean Marathon, F133050 MSB: Municipal Services Bureau 6505 Airport Blvd., Suite 100 Austin, TX 78752 12. INDEPENDENT CONTRACTOR -- Neither MSS, 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 (HIPAA) -- MSB will carry out its obligations under this contract in compliance with the privacy regulations pursuant to Public Law 104-191 of August 21, 1996, known as the Health Insurance Portability and Accountability Act of 1996, Subtitle F -- Administrative Siinplification, Section 261, cal 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 conformity therewith, MSB agrees that it will: a. Not use or further disclose PHI except as permitted under this contract or required by law; b. Use appropriate safeguards to prevent use or disclosure of PHI except as penmitted by this contract; c. To initigate, 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 Monroe 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 PHI, 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 HIPAA within 30 days of the request by Monroe 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 HIPAA privacy rule within sixty (60) days; i. Make their internal practices, books and records relating to the use and disclosure of PH I available to the Secretary of the Department of Health and Human Services for purposes of determining MSB's and Monroe Couilty's compliance with HIPAA; and j. At the termination of the contract, return or destroy all PHI received from, or created or received by MSB on behalf of Monroe County, and if return is infeasible, the protections of this contract will extend to such PHI. The specific uses and disclosures of PHI 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 Monroe County; b. Uses required for the proper management of MSB as a business associate. c. Other uses or disclosures of PHI as pennitted by the HIPAA privacy rule. Notwithstanding any other provisions of this contract may be tenninated by Monroe County if MSB has violated a term or provisions of this contract pertaining to M S B's material obligations under the HIPAA privacy rule, or if MSB engages in conduct which would, if committed by Monroe County, result in a violation of the HIPAA privacy rule by Monroe County. 14. INDEMNIFICATION - MSB covenants and agrees to indemnify, hold harmless and defend the Monroe County Board of County Commissioners and the Monroe 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 Monroe County, and any other losses, damages, and expenses of any kind, including attorneys 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, errors, or other wrongful act or omission of M SB 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 MSB'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 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. (See Attachment A). 15. INSURANCE - During the tern of this Agreement, MSB must keep in force and affect the following insurance: Worker's Comp ensation- 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 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 MSB has been approved by the Florida's Department of Labor, as an authorized self -insurer, the Collllty shall recognize and honor MSB's status. MSB may be required to subiiiit a Letter of Authorization issued by the Department of Labor and a Certificate of Insurance, providing details on MSB's Excess Insurance Program. If MSB participates 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 coimimencement 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 tminiimum: 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 iminimum 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. Professional Liabilily 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 of MSB arising out of work governed by this contract. The minimum limmits of liability shall be: $250,000 per Occurrence/$500,000 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 - Payiments 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 MSB. 17. CONTINGENCY- Monroe County's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Board of County Commissioners. 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 part 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 permission of MSB. 20. SUCCESSORS AND ASSIGNS - MSB shall not assign its right hereunder, except its right to payment, nor shall it delegate any of its 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 penmission 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 of 36 months from the date of being placed on the convicted vendor list. By signing this Agreement (including Attachment Q, 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 formally charged with committing an act defined as a "public entity cringe" regardless of the amount of money involved or whether CONUSULTANT 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 tern of the Agreement and for four years following the termination of this Agreement. If an auditor employed by the COUNTY or County Clerk determines that ironies paid to MSB pursuant to this Agreement were spent for purposes not authorized by this Agreement, the MSB shall repay the monies together with interest calculated pursuant to Sec. 55.03, of the Florida Statutes, running 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 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, 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 jury. This Agreement is not subject to arbitration. 25. SEVER.ABILITY - if any tern, 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 pennitted by law unless the enforcement of the remaining terns, 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. 25. ATTORNEYS 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 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. 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 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 formation, execution, performance, or breach of this Agreement, COUNTY and MSB 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 MSB specifically agree that no party to this 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 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. 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 V1 of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin; 2) Title 1X 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) Tile 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 V1I1 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; 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 V1, 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 which 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 perfonnance 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 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 of this Agreement. For the breach or violation of the provision, MSB 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. 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 this Agreement upon violation of this provision by MSB. 37. NON -WAIVER OF IMMUNITY - Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of MSB 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, "porkers' 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 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 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 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. 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 deemed to be a covenant or agreement of any inember, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 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 counterpart. IN WITNESS WHEREOF, each party hereto has caused this Agreement to be executed by its duly authorized representative. Attest: DANNY L. KOLHAGE, CLERK By:��.l.0 kiUw(ctv-o Deputy Clerk Attest: DANNY L. KOLHAGE, CLERK By: � ad�-tt C ("yo� Deputy Clerk WITNESS: Print Name: ichael E . Epstein, CFO Print Name and Title MONROE COUNTYBOARD OF COUNTY COMMISSIONERS 4M4ay�±o_rtehairman BOARD OF GOVERNORS, MONROE COUNTY FIRE AND AMBULANCE DIS ICT 1 Y' Mayor/Chairman GILA CORPORATION INC. dlb a MUNICIPAL SERVICES BUREAU By: Date: 7 .2 9 .2 010 Title: CEO MONROE COUNTY ATTORNEY A t wmn SM OV is -D ASTX _AJ f A.VM YNTHiA L. ALL ASSISrNT COUNTY ATTORNEY D a t e ____ eY! U10 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 han mess and defend the Monroe County Board of County Commissioners and the Monroe County Board f 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 Monroe County, and any other losses, damages, and expenses of any kind, including attorney's fees, court 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 of liability 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 7 .29 .2010 Date TCS Attnc'Il11JL'!7l A (1 o%'I) ll WORKERS' COMPENSATION INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN MONROE COUNTY, FLORIDA AND Oita Corporation dlbla Municipal Services Bureau 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 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. WCl AItrlchnient B I� (1 gf3) GENERAL LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN MONROE COUNTY, FLORIDA AND Gila Corporation dlbla Municipal Services Bureau 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 ■ 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 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 ( 1 2) 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. GLI Attachment B I-4 (?of3) PROFESSIONAL LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN MONROE COUNTY, FLORIDA AND Gila Corporation dlbla Municipal Services Bureau 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 PRO 1 Attachment B (3 of 3) 15 PUBLIC ENTITY CRIME STATEMENT "A person or affiliate m1ho has been placed on the convicted bidder- list follo« ing 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 of 36 months from the date of being placed on the convicted bidder list.'' By executing this form, I acknowledge that I/my company is in compliance with the above. STATE OF Texas (Signatur6actor) COUNTY OF Travis Bate 7 .2 9. 2 0 1 0 PERSONALLY APPEARED BEFORE ME, the undersigned authority, Bruce Cummings who, after first being sworn b me, (name of y individual signing) affixed his/her signature in the space provided above on this 2 9 th day of July 20 1 MAIDELM f� cowfflafficE20 t4b My c mmission expire . / 9 - d O �*• �T vg�'1f'., NOTARY PUBLIC Attachment C 16 LOBBYING AND CONFLICT OF INTEREST CLAUSE SWORN STATEMENT UNDER ORDINANCE NO. 10-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE Gila Corporation d/b/a Municipal services Bureau 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, terminate 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 icer or employee. _7j i S ignafte ne.,.,� Date: 7 .2 9 .2 0 1 0 STATE OF Texas COUNTY OF Travis PERSONALLY APPEARED BEFORE ME, the undersigned authority, Bruce Cummings who, after first being sworn by me, affixed his/her signature (name of individual signing) in the space provided above on this 29th day of July NOTARY PUBLIC My commission expires: OMB - MCP FORM #4 .20 10 . A tfachment D Y NORA L1D1A DELGADO .� ROTARY pUBLIC STATE OF TEXAS y Coww"O l WIRES o6_ 18-20 14 -0- wmj DRUG -FREE WORKPLACE FORM The undersigned contractor in accordance with Florida Statute 287.087 hereby certifies that: Gila Corporation d/b/a Municipal services Bureau (Name of Business) 1. Publishes a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, 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 workplace, 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 polo 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. Imposes 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. d. 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 fine complies fully with the above requirement . Contr ctor's Sig ature 7.29.2010 Date OMB - MCP FORM #5 A ttach1l ent E I� ti J ACORN„ ER`rIFI ATE F L!,►4F3 LITY �NSUF�AN E OP ID WIBA -DATE(MMIDDfYYYY) PRODUCER GILAc-1 02 25 10 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION PIA --Pathfinder/ LL&D Ins Grp ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 1160 Dairy Ashford, Suite 220 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, Houston TX 77079 Phone: 281-556-9999 Fax:2e1--556-9609 INSURERS AFFORDING COVERAGE NAIL # INSURED INSURER A Hartford Lloyds Insurance Camp 38253 Gila Cv rpora t ion INSURER B Hartford Casualty Inxur&nce Ca 29424 a Municipal Services Bure u 6 05 Airpport Blvd. INSURER C Federal Insurance Company , Suite 180 Austin TK 78752 INSURER Hartford -Twin Tin City Fire in;, c 29459 INSURER E COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICAT ANY REQUIREMENT, TERM OR CDNDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE h MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS TR NSR TYPE OR INSURANCE POLICY NUMBER DATE MN fDO1YY MI DATE MDDma GENERAL LIABILITY A x COMMERCIAL GENERAL LIABILITY 61 SBQRS 8 5 0 0 03/01/10 03/01/11 CLAIMS MADE a] OCCUR GEN'L AGGREGATE LIMIT APPLIES PER POLICY-F-] CT LOC AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS X HIRED] AUTOS X NON -OWNED AUTOS 61SBORS850O 4u 0 03/01/101 03/01/11 GARAGE LIABILITY ]( ANY AUTO r Lk (� u 1 r 1 .. EXCESSIUMBRELLA LIABILITY A OCCUR CLAIMS MADE 61SBQRS8500 03/01/10 03/01/11 DEDUCTIBLE X RETENTION $10 0 0 0 WORKERS COMPENSATION AND . B EMPLOYERS' LIABILm 61WE CRT7 9 4 7 ❑ 3 ANY PROPRIETORIPARTNERIEXECUTIVE / 01 / 1 ❑ 03/01/11 OFFICERIMEMBER EXCLUDEO7 If yes, describe under SPECIAL PROVISIONS below OTHER C Professional Liab 8197-6649 03/01/10 03/01/11 D Crime OOKBO241339-10 03/01/10 03/01/11 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT 1 SPECIAL PROVISIONS Certificate holder is named as Additional Insured with respects on policies as required by written contract. This certificate replac all previously issue certificateds for the certificate holder as p Subject to policy terms, conditions and exclusions. CERTIFICATE HOLDER Monroe County Board of County Commissioners 490 63rd Street Ocean Marathon FL 33050 ACORD 25 (2001/08) CANCELLATION MONRO-- 3 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATIO DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. Au D REPRE ENTATNE '-D. NOTWITHSTANDING AY BE ISSUED OR "OONOITIONS OF SUCH LIMITS EACH OCCURRENCE $10 0 0 0 0 0 PREMISES Ea occurenca} $ 1000000 MED EXP (Any one parson) $ 10 0 0 0 PERSONAL & ADV INJURY $ excluded GENERAL AGGREGATE ' $ 2 0 0 0 0 0 0 PRODUCTS - COMPIOP AGG s 2 0 0 0 0 0 0 COMBINED SINGLE LIMIT (Ea accident) S 10 ❑ 0 0 ❑ 0 BODILY INJURY (Per persan) BODILY INJURY S (Per ridden!} PROPERTY DAMAGE $ (Paraccident) AUTO ONLY - EA ACCIDENT S OTHER THAN EA ACC S AUTO ONLY AGG $ EACH OCCURRENCE $ 4 0 0 0 0 0 0 AGGREGATE $4 0 0 0 0 0 0 i S VM SIAIU- I 7T x TORY LIMITS T E.L EACH ACCIDENT $10 0 0 0 0 0 E.L DISEASE -EA EMPLOYE $ 1000000 E.L. DISEASE -POLICY LIMIT S 1000000 Limit 2000000 Limit 1000000 all 3 a any and artains. 0 ACORD CORPORATION 1988 RENEWAL AGREEMENT This AGREEMENT dated the -day of A, 2011, by and between the Board of County Commissioners and the Board of Governors of Fire and Ambulance District 1 of Monroe County, Florida, hereinafter called the "County" and Gila LLC dlb?'a Municipal Services Bureau, hereinafter called MSB, WITNESSETH WHEREAS, the parties hereto did enter into an agreement dated October 1, 2010 for collections of outstanding account receivables from ground and air ambulance transports; and WHEREAS, said agreement provided an option to the County to renew the contract for two additional one (1) year terms, not to exceed two (2) renewals; and WHEREAS, the County has elected to exercise said first one (1) year renewal option for the continuation of collections of outstanding account receivables from ground and air transports; now therefore IN CONSIDERATION of the mutual convenants and obligations contained herein, the parties agree as follows: 1. The County elects to renew the contract for an additional year pursuant to paragraph 3 of the agreement entered into on October 1, 2010. 2. The effective date of this amendment is October 1, 2011 and shall extend through September 30, 2012, under the same terns and conditions of the contract dated October 1, 2010. 3. All other terms and conditions of the contract dated October 1, 2010 shall remain in full force and effect. "L ttest: i L. KOLH.AGE CLERK am Deputy Clerk WITNESS: MON OE COUNTY ATTORNEY A jhuvp ASgQrjF0 NTHIA L. HALL ASSISTANT COUNTY ATTORNEY Date '7.O I� BOARD OF UN Y COMMISSIONERS of MONROE BY: ._ M4or/C&Mfnian GI,*C DB/A MUNICIPAL SERVICES BldREAAJ (N�SW Apow-. 7oned -Signature Print Name & Title MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Gila LLC dlbla Contract # Municipal Services Effective Date: 10101 /2011 Bureau (MSB) Expiration Date: 09/30/2012 Contract Purpose/Description: First Renewal of agreement dated 10/1111 for collections of outstanding account receivables from gound and air ambulance transport. Contract Manager: Camille Dubroff (Name) for BOCC meeting on 10//9 6010 Emergency Services / Sto (Ext.) (Department/Stop #) Agenda Deadline: t 91 CONTRACT COSTS Total Dollar Value of Contract: $ $4,300.001 year Current Year Portion: $ Budgeted? YesX No ❑ Account Codes: 13001-530-340 - - Grant: $ 11001-530-340 - - County Match: $ ADDITIONAL COSTS Estimated Ongoing Costs: $ lyr For: (Not included in dollar value above) (e . maintenance, utilities, janitorial, salaries, etc.) 14 CONTRACT REVIEW Changes Date Out Date In Needed vi Fir. Division Director YesO No� �/ // _ Risk Manag m nt ��. Yes❑ No� l O.M.B./Purc asing� � ( Yes❑ NoZ _ � _ � $ If it County Attorney Yes � � Yes[-]NoC[� Comments: OMB Form Revised 2.27 01 MCP -2 Client#: 84884 14GILACOR 1 DATEACORD. CERTIFICATE UA&UT'rh4SUR NCE 3107/2011 FTHIS CERTIFICATE IS ISSUED AS A MATTER OF INFOR ATION ONLY AND CONFERS NO RIGHT UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATI LY AME , O ER THE C VERAGE AFFORDED BY THE POLICIES BELOW, THIS CERTIFICATE OF INSURANCE DOES NOT ONSTIT�A CdNf�ETWEEN E ISSUING INSURERS AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFIC TE HOLDER. IMPORTANT: if the certlficate holder Is an ADDITIONAL I SURED, the poilc ies mu a endorse . if SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies m require 144M� 4�taternent n this certificate does not confer rights to the P Y� P Y q 9 certificate holder In lieu of such endorsement{s}. RISK �fANAGEMFNI T F221Weest R al�iE CT m insurance Risk Mgt t►cNNo mot;. 51 453-0031KAX fith St #1400 E_�L IAIc Noy 512 453-0041 ADDRESS wpagel��wortham-austin.com Austin, TX 78701 INSURER(S) AFFORDING COVERAGE NAIC 0 512 453-0031 INSURER A Hartford Underwriters ins Co 30104 INSURE(] INSURERS Sentinel Insurance Co Ltd 11000 Gila, LLC dba: Hartford Casualty insurance Co 29424 INSURER C : ` Municipal Service Bureau � Gila Group 6505 Airport Boulevard, Suite 100 INSURER a Austin, TX 78752 INSURER E INSURER F . COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE LTR ADDL NS S1I8 WVD POLICY NUMBERMMIDL7IYYYY � ^ POLICCY EFF POLICY EXP LIMBS MM1001YYY1f 3101/2011 03101/2012 EACH OCCURRENCE 15300,000 A GENERAL LIABILITY 65UUNJW4586 51,000,000 X COMMERCIAL GENERAL LIABILITY 11 PREjNj E� EaE�uEr n e CLAIMS -MADE is OCCUR MED EXP Anyone pars n S10,000 S 1 000 000 PERSONAL & ADV INJURY GENERAL AGGREGATE s2 000,000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS COMP OP AGG 52 000,000 POLICY pjgPRO- LOC S B AUTOMOBILE LIABILITY 65UUNJW4586 3/01 J2011 03/01/2012 COMBINED SINGLE LIMIT _(Ea accident) $1,000,0❑0 ANY AUTO BODILY INJURY Per perso S ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per a c dent S x NON OWNED PROPERTY DAMAGE S HIRED AUTOS AUTOS S C x UMBRELLA uAB OCCUR 65RHUJW1423 3J01 J2011 03101/2012 EACH OCCURRENCE S4,000,1000 s4,000,000 EXCESS I" CLAIMS -MADE AGGREGATE DED I x RETENTION 510,000 S WORKERS COMPENSATION B5YVE2±U1313 3l0i J20i i 03J01120i j( WC STATU- OTH- AND EMPLOYERS' LIABILITY YIN ANY PRO PRIETORIPARTNERIEXECUTIVE OFRCERIMEMBER EXCLUDED? N ; N I A E L EACH ACCIDEN r 51 000 000 (Mandatary in NH) E L DISEASE - EA EMPLOYEE 51,000 000 If yyes, describe under ❑ESCRIPTION OF OPERATIONS be ow� ��. _.�.._. _ r E L. DISEASE - POLICY LIMIT S1 000t000 Ilk DESGRIPTtON OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Scheduis, If more space Is requirod) �J ; U �� General Liability, Auto Liability, and Umbrella include blanket additional insured and blanket waiver of � dp- subrogation when required by written contract. Workers Compensation includes blanket waiver of subrogation when required b written contract. Insurer cannot a insurer first � R.• ' q y w tt nn t change or cancel coverage without the Insu giving 30 days written notice to Certificate Holder of such change, cancellation or termination. Subject to policy terms, conditions and exclusions. CERTIFIGATE HOLDER CANCELLATION Monroe County Board of County Commissioners 490 63rd Street Ocean Marathon, FL 33050 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS AUTHORIZED REPRESENTATIVE f (D 1988-2010 ACORD GORPURATION. All rights reserved. ACORD 25 (2010!05) 1 of 1 The ACORD name and logo are registered marks of ACORD #S2143841M214323 14LJT