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Item C29aglow a BY -IN Meeting Date: September 21, 2012 Bulk Item: Yes X No Division: Emergencv Services Department: Fire Rescue Staff Contact Person: Mary Napoli ext. 6010 AGENDA ITEM WORDING: Approval of the second Renewal Agreement effective from October 1, 2012 through September 30, 2013, with Gila LLC d/b/a Municipal Services Bureau (MSB) for collections of outstanding account receivables from ground and air ambulance transports. ITEM BACKGROUND: On October 1, 2010 the Board 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. We are requesting approval to exercise the second renewal option, commencing on October 1, 2012 and ending on September 30, 2013. PREVIOUS RELEVANT BOCC ACTION: On October 1, 2010 the Board 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 Iapproved the first renewal option effective from October 1, 2011 through September 30, 2012 with Gila LLC d/b/a Municipal Services Bureau (MSB). CONTRACT/AGREEMENT CHANGES: Contract will be extended and the new expiration date will be September 30, 2013. STAFF RECOMMENDATIONS: All conditions of the contract have been met and services provided have been satisfactory. Staff recommends renewal of the contract. TOTAL COST: $4,300.00/year INDIRECT COST: BUDGETED: Yes X No _ *Estimate based on average amount paid over the past year to the current collection agency for ground ambulance collections. COST TO COUNTY: See above SOURCE OF FUNDS: 13001-530-340 and 11001 530 340 REVENUE PRODUCING: Yes y No X (AIMQUNT PER MONTH Year APPROVED BY: County AttyO BlPure ra✓sing Risk Management DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM # Revised 1/09 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Gila LLC d/b/a Contract # Municipal Services Effective Date: 10/01/2012 Bureau (MSB) Expiration Date: 09/30/2013 Contract Purpose/Description: Second Renewal of agreement dated 10/1/12 for collections of outstanding account receivables from ground and air ambulance transport. I Contract Manager: Mary Napoli (Name) I for BOCC meeting on 09/19/2012 6010 Emergency Services / Sto (Ext.) (Department/Stop #) .genda Deadline: 09/04/2012 CONTRACT COSTS Total Dollar Value of Contract: $ $4,300.00/ year Current Year Portion: $ Budgeted? Yes® No ❑ Account Codes: 13001-530-340 -_ Grant: $ _ 11001-530-340 -® County Match: $ - - -_ ADDITIONAL COSTS Estimated Ongoing Costs: $ /yr For: (Not included in dollar value above) (eg. maintenance, utilities, janitor CONTRACT REVIEW etc. 14 Changes Date Out Date In Needed vi w r Division Director /1- Yes[] No❑ Risk Manage ent Yes❑ No❑ O.M.B./P asing -kZ Yes❑ NoZ /j County Attorney Yes❑ NoZ Comments: OMB Form Revised 2/27/01 MCP #2 This AGREEMENT dated the —.—day of 1 2012, by and between the Board of County Commissioners and the Board of Governors of Fire and Ambulance District I of Monroe r, County, Florida, hereinafter called the "County" and Gila LLC d/b/a Municipal Services Bureau, hereinafter called MSB, VINVION1 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 second 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 t agreement entered into on October 1, 2010. 1 2. The effective date of this amendment is October 1, 2012 and shall extend through September 30, 2013, under the same terms 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. Attest: DANNY L. KOLHAGE, CLERK BOARD OF GOVERNORS of MONROE COUNY, FLORIDA By: - By: Deputy Clerk MOUSE= [W P3191 1111111010 ik] 1 1E U&NA-021 (W2311161 MONO Print Name & Title W• . ACO- INSURANCE . �c01 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT • ' NEGATIVELY AMEND, EXTEND OR •'.VERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(les) 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 lieu of such endorsement(s). CONTACT ■. 11 1/• 1t ADDRESS:„1 AFFORDING +V'. INSURER A: Hartford Casualty Insurance- Cz. •'REVISION . u. 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 LTR TYPE OF INSURANCE ADDL INSR SUB WVD POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MMIDDIYYYY LIMITS A GENERAL LIABILITY 65UUNJW4586 3/01 /2012 03/0112013 EACH OCCURRENCE $1 000 000 X COMMERCIAL GENERAL LIABILITY PREMISES E® ®ccu D nce 000 000,000 CLAIMS -MADE ® OCCUR MED EXP (Any one person) $1 O 000 PERSONAL BADVINJURY S1,000,000 GENERAL AGGREGATE s2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS - COMP/OPAGG s2,000,000 $ POLICY nPRO LOC JECT A AUTOMOBILE LIABILITY 6 UU J 4586 3/01/2012 03/01/201 COMBINED Ea accident SINGLE LIMIT $1,000,000 BODILY INJURY (Per person) S ANY AUTO BODILY INJURY (Per accident) S ALL OWNED SCHEDULED AUTOS AUTOS X HIRED AUTOS X NON-OWNED AUTOS DAMAGE t Per accident S s A X UMBRELLA LIAB OCCUR 65RHUJW1423 0310112012 03/0112013 EACH OCCURRENCE $5 000 000 AGGREGATE $5 000 000 EXCESS LIAB CLAIMS -MADE DIED RETENTION $1 O 000 S A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y 1 N OFFICER/MEMBER EXCLUDED? ❑ (Mandatory In NH) N I A 6 1313 3/01/2012 03/01/201 - wCsTAMIj OTHER EL EACH ACCIDENT $1 000 000 E L DISEASE - EA EMPLOYEE S1,000,000 E L DISEASE - POLICY LIMIT $1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required) Forms and Endorsements Schedule: Commercial General Liability Coverage Form #HG0001 00 Commercial Automobile Broad Form Endorsement #HA9916 010 Monroe County THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Commissioners ACCORDANCE WITH THE POLICY PROVISIONS. 490 63rd Street Ocean ALA ITT` This AGREEMENT dated the jfday of 2011, by and between the Board of County Commissioners and the Board of Governors of Fire and Ambulance District I of Monroe County, Florida, hereinafter called the "CounW' and Gila LLC d/b/a Municipal Services Bureau, hereinafter called MSB, EVIEWS1W VMEREAS, 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 VMEREAS, 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 terms and conditions of the contract dated October 1, 2010. A MUNICIPAL SERVICES Muthoriied Signature 0 r"6 Min i Contract with: Gila LLC d/b/a. [OrQ kq 0 01,A1,06 W91 LVA I • Municipal Services Effective Date: 10/01/2011 Bureau (MSB) Expiration R. 09/30/2012 Contract Purpose/Description: First Renewal of agreement dated 10/ 1 /2011 for collections of outstanding account receivables from ground and air ambulance transport. 010 Emergency Services / Stop 1,a (Department/Stop e-endaDeadline: J01q./jj Total Dollar Value of Contract: $ $4,300.00/ year Cur -rent 'Tear Portion: $ Budgeted? YesM NoM Account Codes: 13001-530-340 Grant: $ 11001-530-340 County Match: $ ADDITIONAL COSTS Estimated Ongoing Costs: (Not included in dollar value above) (eg. mai i �� �,"'ufifities, jMi�toi Changes Date Out Date In Needed view Division Director yl Yes[:] Noa Risk Manage ent � Yes[] NQD1 - --------- --- O.M.B./Purc; iasing Yes[] N& County Attorney Yes[:] No Comments: [0000,107MIAM WMA110816111-UN Client#:84884 14GILACOR DATE (MMIDONYYY) 3/07/2011 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFOR ATION ONLY AND CONFERS NO RIGHT UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT BELOW. HIS CERTIFICATE OF INSURANCE NCE DOES NOT ONST T CT Ni0 ER THE C VE GE AFFORDED BY THE POLICIES EEN E ISSUING INSURERIS), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFIC TE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL 1 SURED, the alic les a endorse . If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies m y require tatement n this certificate does not confer rights to the certificate holder In Ileu of such endorsemenl(s). RISK MANAGEMFVT PRODUCER N GUTACT Wortham insurance & Risk Mgt PHONE 512 453- 31 KAX 512 453.0041 (AtC221 West 6th St 1400 MAIL Ea sac N®I ADDRESS wpage(@wortham-austin.com Austin, TX 78701 INSURER(S) AFFORDING COVERAGE NAIC a 512 453-0031 INSURER Hartford Underwriters Ins Co 30104 INSURED INSURER B Sentinel Insurance Co Ltd 11000 Gila, LLC dba: I INSURER Hartford Casualty insurance Co 29424 Municipal Service Bureau & Gila Group 6505 Airport Boulevard, Suite 100 INSURERo _ 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 ADDL SUBR POLICY EFF POLICY EXP L'rR TYPE OF INSURANCE O POLICY NUMBER MM/DDfYYYY MM10off Y LIMITS A GENERAL LIABILITY 65UUNJW4586 3/01/2011 03/01/201 EACH OCCURRENCE $1000000 COMMERCIAL GENERAL LIABILITY RWAI E EaEE enee) s300 000 CLAIMS -MADE X OCCUR MED EXP (An one person) $10 000 PERSONAL & ADV INJURY S 1 000 000 GENERAL AGGREGATE s2,000000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS - COMPIOP AGG s 2,000,000 POLICY jE� LOC S B AUTOMOBILE LIABILITY 65UUNJW4586 3/01/2011 03/01/201 °®adennl5e"GLELIM°r" s1,000,000 ANY AUTO BODILY INJURY (Per person) S ALL OWNED SCHEDULED BODILY INJURY (Per accident) S AUTOS AUTOS S X HIRED AUTOS X AUTOSWNED PPa ae Ilot GE S C X UMBRELLA LIAR OCCUR 65 HUJ 1423 3101/2011 03/01/201 EACH OCCURRENCE s4,000,000 EXCESS LIAR HCLAIMS-MADE AGGREGATE s4 000 000 DIED I X1 RETENTION S10 000 S C WORKERS COMPENSATION 65WEZU13i3 3/01/2011 03/01/201 wcsTAru- oTw. AND EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNERIEXECUTIVE Y I N EL EACH ACCIDENT S1,000,000 OFFICERIMEMBER EXCLUDED7 N N / A / (Mandatory In NH) E L DISEASE • EA EMPLOYEE S1,000,000 If yes, descr be under DESCRIPTION OF OPERATIONS be ow r L EL DISEASE - POLICY LIMIT S1,000,000 k (1 ., DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101. Additional Remarks Schadule, if more space Is required) General Liability, Auto Liability, and Umbrella include blanket additional insured and blanket waiver of subrogation when required by written contract. Workers Compensation includes blanket waiver of subrogation when required by written contract. Insurer cannot change or cancel coverage without the insurer first giving 30 days written notice to Certificate Holder of such change, cancellation or termination. Subject to L` policy terms, conditions and exclusions. Monroe County Board of County TTHEUEXP RATIONHDATE VTHEREOF,ENOTICEIES BE WILL CBECDELIVDEREED IN Commissioners ACCORDANCE WITH THE POLICY PROVISIONS 490 63rd Street Ocean Marathon, FL 33050 AUTHORIZED REPRESENTATIVE • ® f m 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010!05) 1 Of 1 Tho ACORD name and logo are registered marks of ACORD S214384/214323 14LJT AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE BOARD OF GOVERNORS FIRE AND AM13ULANCE DISTRICT I OF MONROE COUNTY, FLORIDA AND GILA CORPORATION d/b/a MUNICIEPAL SERVICES BUREAU luo 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 I of Monroe County, Florida, (herein referred to collectively as the "COUNTY") and Gila Corporation d1b/a Municipal Services Bureau (herein referred to as "MS1311). rJUMPffim 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 and last known addresses of the Debtors, all information regarding the date(s) of the alleged debt(s), the amount of such debt(s) and the date the judgment was entered against the debtor, if applicable. The information supplied to MSB by the COUNTY must be in an ANSI file 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 District 1. 4. CONTRACT TERM NATION —Either party may terminate this agreement by providing ninety (90) days written notice. Upon notice of termination 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 tenilination. MSB will be paid for its services through the termination date and MSB will not incur any expenses after notice of termination except those necessary to properly 14"fWP 'W' on accounts, by MSB, after the termination date will be forwarded to the COUNTY without regular compensation being paid to MSB. MSB will further cooperate with any successor, debt collection service provider by turning over all records and any other documents or equipment in hard copy to useable electronic forniat 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 termination oo-f tract. I log A Moffmil 1 1111 01 -oil 111 occupational licenses or any other license or pen -nits required to provide services under this agreement required by any local, state, goverm-nent 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. 1. REPORTS — MSB shall provide the COUNTY with monthly aging reports by the twenty-first :fay 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 will include the following information: M-IM b. Debtor's Account Number c. Amount paid on the account during the preceding month including amounts received by COUNTY as reported to MSB. d. Unpaid balance of account WIrW=l 1 • r - - 1 -7• J! !!!11'11111111111111111l!!P�P�iiiiiiiiI V the collection activities carried on by MSB pursuant to this contract. MSB shall retain such M—d­ffjj LOeu Ur -1 1 1 A roydrifflel 1;1*14101OW-A JPrIMECT-11mr, S eCt LU Udfr;l L unless otherwise disclosed in writing by the COLTNTY. 6 W11,14-11101 J �01 �- 1 0 amal"41915 Wall", I 111111=41MINIMMS - w6r,rfs,5 dmfm Tri '' pily LU 1113D d LAMM J I-L17t: k1_J17M"r rate on the gross amount collected. 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 programmers). The COUNTY will not be responsible to MSB for any commissions or fees for payments returned to the COUNTY or MSB for insufficient funds. 9. NOTIFICATION OF COLLECTION — The COUNTY will immediately notify MSB of aG4-tynts refe—nof tv MSB fru-c@ffectii, �nhzt'hzyek-en­pa� �,' py �,ty-ffie46tI)rs firec4y a the COUNTY whenever that payment or dispute occurs. MSB agrees that once an account is placed, that the COUNTY is to receive all commission due in the event that monies are collected. By the fifteenth of each month, MSB will provide a detailed reporting to the COUNTY to identify all accounts known to be collected during the prior month and to remit monies collected on the County's behalf. MSB is required to invoice the COUNTY for commissions due; the COUNTY agrees to review the invoice and forward payment to MSB in accordance with the Florida Local Government Prompt Payment Act. of MSB will be to forward any funds collected to the COUNTY subjected to MSB collecting its coi-r,i-f,issio-f alTOUTt. 10. LEGAL ACTION - MSB shall make no settlement for less than the total principal arnount twed 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. COUNTY or if suit is seriously threatened or filed, the COUNTY may request, in writing, the immediate return of the account. M Milk have been withdrawn from MSB's collection efforts. 1111IRS46COWMI I I M . I I =- COUNTY: Monroe County Emergency Services 490 63d Street Ocean Marathon, F] 33050 MSB: Municipal Services Bureau 6505 Airport Blvd., Suite 100 Austin, TX 78752 110161 fill tile) 1101 '1 1 LO 1 0 N 11 K141*0111mr-KV4 11941 a IW to UvEOFAIj m aw I I.Mg all I I 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 Simplification, Section 26 1, el seq., as amended ("H IPAA'*), to protect the privacy of any personally identifiable protected health infon-nation (PHI) that is collected, processed or learned as a result of the Collection services provided hereunder. In confon-nity therewith, MSB agrees that it will: a. Not use or further disclose PHI except as pen-nitted under this contract or required by law; b. Use appropriate safeguards to prevent use or disclosure of PHI except as permitted by this contract; c. To mitigate, to the extent practicable, any harmful effect this is known to MSB of a use or disclosure of PHI by MSB in violation of this contract; d. Report to 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; ��, ?7PAkV.WM 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; HIPAA privacy rule within sixty (60) days; ietermining MSB's and Monroe County's compliance with HIPAA; and 11 . . 0 . WMINONW, 0 rece7eci ujr ff=P�NM= rhunrue unu 11 leLLM IS lilledslule, tile PI TICU U1111 this contract will extend to such PHI. t 1' — 1 �, . ! 1 1 .: ', 1 1 .:. 1,. - - 1., i ► 1 1 . — 1 I - — , 1'. 1 f' 1 I R -. 1. 1 1 — ■ �' 1 — #- �� c,.. 1 1 f i f 1 # 1 1 - 1 f. '... 1 �' " 1 i 1.# • l '.. f I 1 '. 1 1 •— 1 i 1. 1 #' I. • 1 1 i. 1. 1 1 •. 1 .. • 1 1 1 1 -, 1. 1 1 .. is / 1 1. 1 1 1 • •' 1 1 1 '.. # 1. 1 ! 1! ` A ► _ 1 ! `. # 1 1 #, 1 I 1 ,. i 1 1 " ! 1 .. #....: — 1'. — a #' 1 1 — J'::- 1 1 �' 1 1 1 1 .. 1 '. # 1. !; — 1 is 1 4111 NO Pill•- guilt on MSB's Excess Insurance Program. request from the County. YNTI-51-17 - &M-51-ell 9-11, "1• ju-N inII obtain General Liability Insurance. Coverage shall be maintained throughout the life of the contract and include as a minirnum: ?remises Operations [�roducts and Completed Operations Blanket Contractual Liability Personal Injury Liability M= MMUM $ 100,000 per Person $300,000 per Occurrence An Occurrence Forrn 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. Jiommissioners shal) be named as Additional Insured on all policies issued to satisfy the above requirements. The minimum limits of liability shall be: IIII�IIIIII I•I is invoicing by MSB. 17. CONTINGENCY- Monroe County's perfonnance and obligation to pay under this b f az&a1nqJA :L57num 9 4 [oil - ral4ggalgilml III 11mill, I I I 1 11 1 19. OWNERSHIP OF THE PROJECT DOCUMENTS - The documents prepared by MSB for this Pro ect belong to the COUNTY and may be reproduced and copied j 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 pen-nission is granted. The COUNTY shall have the right to prohibit a subcontractor from perfon-ning any part of the contract; such right shall be reasonable exercised. Subject to the provisions of the immediately ,qv_!amd_Ir_gaI reyresentativeim 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 yerson or affiliate who has been vlaced on the convicted vendor list following a conviction for public entity crime may not submit a bid on contracts to k ­4� — - — ubi-nit a bid on a contract with a ,�,ublic entity for the construction or repair of a public building or public work, may not submit bids on leaqen--tf real nrone-tv to nublic e PGA to 4 IN Mo I I on ta iftes, lor CAI LUUA�1' 'FITU tor a penod ot 36 montris trom ine date of Deing p1aceG 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 -oir—sx-mi-di-whal-it n a Statutes, as a "public entity crime" and that it has not been formally charged with conimitting an act defined as a "public entity crime*' 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 fon-nally charged with an act defined as a "public entity crinie" 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 authorizeLi representatives shall have reasonable and timely access to such records of each other party to this of me parlies, Men any parly snaii 11MU Lne ngm by this Agreement or by Florida law. 3 1. COOPERATION - In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, perforinance, 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 detennination by a court of without any further action on the part of any party, effective the date of the court order. MSB or COUNTY agrees to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VI of the Title VIII of the Civil Rights Act of 1968 (4i USC s. et seq.), as amended, relating to in the sale rental or financing, of housin i, The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as inaybe amended from time to time, relating to nondiscrimination on the basis of disability; 10) Monroe County Code Chapter 13, Article VI, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; 11) Any other or the subject matter of, this Agreement. 33. COVENANT OF NO INTEREST - MSB and COUNTY covenant that neither presently h any interest, and shall not acquire any interest, which would conflict in any manner or with its perforinance under this Agreement, and that only interest of each is to perforin a receive benefits as recited in this Agreement. 34. CODE OF ETHICS - COUNTY agrees that officers and employees of the COUN recognize and will be required to comply with the standards of conduct for public officers a employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited A s*licitzti*n*r ?cce7,t?.Ace Vf gifts;4*ixg �usixess witk*xels 2gexey; L1x21jtkiiizei c+i-x1exs,2t�1A misuse of public position, conflicting employment or contractual relationship; and disclosure use of certain inforination. (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 firrn, 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 pen -nit 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 commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the COUNTY be required to contain any provision for waiver. 38. PRIVILEGES AND IMMUNITIES - All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers* compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the COUNTY, when performing their respective functions employees outside the territorial limits of the COUNTY. 3.,. 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 perfon-nance 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. 40. NON -RELIANCE BY NON-PARTIES - No person or entity shall be entitled to rely upon the tenris, 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 9 Drug -Free Workplace Statement (Attachments C-E). ff 42. NO PERSONAL LIABILITY - No covenant or agreement contained herein shall be deem to be a covenant or agreement of any member, officer, agent or employee of Monroe County I Isk *AtRo6fd-Wi &ZkK. ?1'aWW"7 shl be liable personally on this Agreement or be subject to any personal liability or accountability reason of the execution of this Agreement. i 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 A&r-cxyvra* by signing any such counterpart. UN 11T1T-i1ESS-4T&E.W-*F, each party hereto has caused this Agreement to be executed by R9 duly authorized representative. Deputy Clerk B AA Deputy Clerk WITNESS:'49Z Print Name: /ichael E. Epstein, CFO Print Name and Title �Tf"o,ryrlorE,Clo�IIT%Yll]Yqlt4one7m�9�l; , COMMISSIONERS +Maylor. hairman 11-107.1113OX4311 ;y Mayor/Chairman By: Date: 7.29.2010 III ♦I "to] R M r"s 0 MUM" M 0 IN 1601 A W I " I - N"'M, MANUAL Indemnification and Hold Harmless for Otbxb6lk-0�0"- Ta�� The Contractor covenants and agrees to indernnify, hold han-nless 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 mik-sit it * f4 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 indernnify the County froin any and all increased expenses resulting from such delay. --hr 4r.wwi'.z• .* �igk.iiu-tsAvaAviinited to.. reduced- or lessened bjAr the insurance re,1ruirements contained elsewhere within this agreement. This indemnification shall survive the expiration or earlier termination of the Agreement WINESM I= Im i2 Gila Corporation d/b/a Municipal Services Bureau Prior to the comrnencement 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. I I (Jo .f 3) GENERAL LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN MONROE COUNTY, FLORIDA AND Gila Corporation d/b/a Municipal Services Bureau • Premises Operations • Products and Completed Operations • Blanket Contractual Liability • Personal Injury Liability • Expanded Definition of Property Dama�p The minimum limits acceptable shall be: If split limits are provided, the minimum limits acceptable shall be: 0•no N NO 1 to N 04 1 1. lial,ii'lilinlo, I 'NOW 01111 At e ,01 County. I 'TIMAR M--TI Insured on all policies issued to satisfy the above requirements. PROFESSIONAL LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN ;,t*VR*E C4)UVTY, FL*Ma.A. AND Gila Corporation d/b/a Municipal Services Bureau IRA• 0 11M, ! IM 1001, Y.1 N i 111 14 H i I• tom HAIIJI 11-ROK•U-NHptt--.Llm 15 PUBLIC ENTITY CRIME STATEMENT "A person or affiliate who 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 Xublic entitp maVA not submit a bid on a contract with a i�tublic entitrA 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 perforrn 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 2Z7-310-709m* TUORY TWO for a iXeriod of 36 months from the date of bein on the convicted bidder list.- 1XVIUMV1 above. COUNTY OF Travis Date 7.29.2010 Bruce Cummings who, after first being sworn by me, (name individual signing) affixed his/her signature in the space provided above on this i 29th day of J"y — 1�&,4,-� - My c6mmission expire§-/ 4, - /J? - dc' 01-1 NOTARY PUBLIC [in FT371 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 t1l, the former (�t��ficer or employee. (Signatqtfeh_---,� RTVIWSI�� Bruce Cummings who, after first being sworn by me, affixed his/her signature (name of individual signing) in the space provided above on this 2 9th day of July 120. NOTARY PUBLIC My commission expires: Iut F.In"WRM 17 DRUG -FREE WORKPLACE FORM The undersigned contractor in accordance with Florida Statute 287.087 hereby certifi that: i Gila Corporation d/b/a municipal Services Bureau ....... ........ ... ......... �'I'll",�ll,�ll-,��"'"','',-,��,,�,�"--'',-�,."-,�""� . . .... .... ... ... ... ... .................. . ... .. ................ . .. . ...... . .... (Name of Business) =t—uffl-s =es a statement noiNying empiolees inat ine 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. Inforins 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 conu-nodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendre to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Imposes a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabtation program if such is available in the employee's community, or any employee who is so convicted. 6. Makes a good faith effort to continue to maintain a drug -free workplace through implementation of this section. 1R-MPU7rx %2.1a the above requirement.A11110hiii, 7.29.2010 on Attachment E I � r ■ AUTOMOBILE LIABILITY AUTO 61SBQRSBSOO +r 'ANY (Ea + 1.11•k ■ ALL OWNEDAUTOSBODILY lSCHI!OULEDAUTOS INJURY (Per p. R AUTOS ©NON -OWNED AUTOS , (Per acciderd) PROPERTYcDAMAGE r. 3AR.AGE LIABILITY ■ ANY AUTO R ' EA ACC OTHER THAN / AUTOONLY AGO EXCESSIUMBRELLALIABILITY Is, OCCUR EICLAIMS MADE ■ DEDUCTIBLE $10000 WORKERSRETENTION • -ANY EMPLOYERS ',,. r EXCLUDED? S ECIAL PROVISIONS below 03/01/10 Limit 1000000 -----"�nsureY`with respects on all Certificate holder is named as Addi��onai policies as required by written contract. This certificate replaces any a all previously issue certificateds for the certificate holder as pertains. Subject to policy terms, conditions and exclusions. I Monroe County Board of CountM Commissioners • 1 1Ocean CANCELLATION ENDEAVORDATE THEREOF, THE ISSUING INSURER MLL 1 DAYS WRITTEN IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER ITS AGENTS OR 25 (2001108) CACO D CORPORATION 1988