Item C20BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY -
Meeting Date: 4/16/2008
Bulk Item: Yes X No
Division: Community Services
Department: Social Services/IHIVS
Staff Contact /Phone #: Sheryl Graham
305-292-4592 JJJAAAV%�
AGENDA ITEM WORDING:
Approval of amendment to Agreement between G.A. Food Service, Inc. and Monroe Board of County
Commissioners (Social Services/Nutrition Program) to change the April — October 2008 Congregate
Meal menu at an additional cost per meal, as required by the Alliance for Aging, Inc.
ITEM BACKGROUND:
The amendment provides for the service of frozen meals for the Nutrition Programs Title III C-1
Congregate Meal Program and Title III C-2 Hot Home Delivered Meal Program. The Agreement
Amendment is necessary to comply with a requirement of the Alliance for Aging, Inc. that fruit be
provided with each meal, raising the cost per meal from $3.11 to $3.17.
PREVIOUS RELEVANT BOCC ACTION:
Approval of the G.A. Food Service, Inc. 2008 contract renewal on December 19, 2007.
CONTRACT/AGREEMENT CHANGES:
The cost per meal changes from $3.11 to $3.17.
STAFF RECOMMENDATIONS:
Approval
TOTAL COST: _Not to exceed _$42,000
for this portion of the contract
BUDGETED: Yes X No
COST TO COUNTY: Grant Funded SOURCE OF FUNDS: Older Americans Act
REVENUE PRODUCING: Yes o X AMOUNT PER MONTH Year
APPROVED BY: County A MB/Purchasing Risk Management
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DOCUMENTATION: Included Not Required
DISPOSITION:
AGENDA ITEM #
Revised 11/06
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: G.A. Food Service, Inc. Contract #
Effective Date: 04/01/08
Expiration Date: 12/31/08
Contract Purpose/Description:
Approval of amendment to Agreement between G.A. Food Service, Inc. and Monroe
Board of County Commissioners (Social Services/Nutrition Program) to change the
April — October 2008 Congregate Meal menu at an additional cost per meal, as required
by the Alliance for Aging, Inc.
Contract Manager: Sheryl Graham 4592 Social Services/INNS Stop #1
(Name) (Ext.) (Department/Stop #)
for BOCC meeting on 4/16-4/17 2008 Agenda Deadline: 4/l/08
CONTRACT COSTS
Total Dollar Value of Contract: $ not to Current Year Portion: $ 200,000
Budgeted? Yes®
Grant: $
County Match: $
exceed
$200,000.
Account Codes: 125-6153108-530491-_
125-6153208-530491-
ADDITIONAL COSTS
Estimated Ongoing Costs: $ /yr For:
(Not included in dollar value above) (e . maintenance;
Date In
Division Director 4t A a
Risk Management���
O.M.B./Purchasing
County Attorney .��ov
Comments:
CONTRACT REVIEW
etc.
Changes Date Out
Needed Reviewer
Yes❑ No[]� C� 103
Yes❑ NoEg/
Yes❑ Nog"'�r�CLcti ` y 1 6,?
Yes❑ No� 28 Ci
AMENDMENT TO AGREEMENT
Monroe County Nutrition Program
THIS AMENDMENT made this 16t' day of April 2008, by and between the Board of County
Commissioners of Monroe County, Florida, a political subdivision of the State of Florida, hereinafter
called the County, and GA Food Service, Inc., a Florida corporation whose mailing address is 12200 32°d
Court North, St. Petersburg, Florida, hereafter called the Contractor.
WITNESSETH
WHEREAS, the parties hereto did enter into an agreement dated March 15, 2006, for the
provision of meals for the Monroe County hi -Home and Nutrition Services congregate and home -
delivered meals programs operated by Monroe County; and
WHEREAS, said agreement provided an option to the County to renew the contract twice each
time for an additional year; and
WHEREAS, the County has exercised said option to renew the contract with the Contractor for
the benefit for the benefit of the Monroe County Nutrition Program in an Amendment to Agreement dated
December 19, 2007; and
WHEREAS, the Alliance for Aging, Inc., who provides grant funding to the County for said
Nutrition Program has instituted an additional requirement that will increase the cost per meal; now
therefore,
IN CONSIDERATION of the mutual covenants and obligation contained herein, the parties agree
as follows:
The effective date of this amendment is April 1, 2008, and shall extend through December
31, 2008.
2. Paragraph 4 of the contract entered into March 15, 2006, shall be amended to provide for the
cost per meal to be $3.17 for the period covered by this amendment.
3. All other terms and condition of the contract dated March 25, 2006, as previously amended
shall remain in full force and effect.
(SEAL)
Attest: DANNY L. KOLHAGE CLERK
By:
Deputy Clerk
(SEAL)
Attest:
By:
Secretary
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
go
Mayor/Chairman
GA FOOD SERVICE, INC.
M OE COUNT TT NEY Pre t
P VED RM:
PE
STANT OUNTYATTORNEY 6?r
n�to
AMENDMENT TO AGREEMENT
Monroe County Nutrition Program
THIS AMENDMENT made this 19th day of December 2007„ by and between the Board of
County Commissioners of Monroe County, Florida, a political subdivision of the State of Florida,
hereinafter called the County, and GA Food Service, Inc., a Florida corporation whose mailing address is
12200 32❑d Court North, St. Petersburg, Florida, hereinafter called the Contractor.
WITNESSETH
WHEREAS, the parries hereto did enter into an agreement dated March 15, 2006 for the provision
of meals for the Monroe County In -Home and Nutrition Services Program Congregate and Home -
Delivered Meals operated by Monroe County; and
WHEREAS, said agreement provided an option to the County to renew the contract twice, each
time for an additional year; and
WHEREAS, the Sponsor has elected to exercise said option for the benefit of the Monroe County
Nutrition Program; now, therefore,
IN CONSIDERATION of the mutual covenants and obligations contained herein, the parties agree
as follows:
1. The Sponsor elects to renew the contract for an additional year pursuant to the contract
entered into on March 15, 2006.
2. The effective date of this amendment is January 1, 2008 and shall extend through
December 31, 2008.
3. Paragraph 4 of the contract, entered into March 15, 2006, shall be amended to provide for
the cost per meal to be $3.11 for the period covered by this amendment
4. GA Food Service shall provide evidence of insurance, which names the Board of County
Commissioners (BOCC) as additional insured for the year 2008.
5, All other terms and conditions of the contract dated March 15, 2006, as previously
a, amended shall remain in full force and effect.
1
L. KOLHAGE, CLERK
Depu Clerk
(SEAL)
Attest:
ME
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
Mayor/Chai"n
GA FOOD SERVICE, INC.
By:.
Secretary Presiden
€VI OE COUNT ATTORNEY'
P OVED 0�2
RM:
i .� � may.
/ASSISTANT OUNTYATTORNEY iZ1L�/U�
Date j
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CONTRACT (AGREEMENT)
FOR FOOD SERVICE
AGREEMENT
THIS AGREEMENT, made and entered into this _15_th_day of March , 2006, by and between
MONROE COUNTY, a political subdivision of the State of Florida, 1100 Simonton Street, Key West,
FL. 33040 (hereinafter called "County"), and G.A. Food Service, Inc. , a
_Florida corporation whose address is 12200 32°d Court North, St. Petersburg Florida
(hereinafter called "Contractor")
WITNESSETH:
WHEREAS, County desires to utilize the food preparation facilities and delivery systems of the
Contractor for the purpose of providing meals for senior citizens participating in the Older Americans
Act Title III-C Nutrition Program (hereinafter called "Program"); and
WHEREAS, Contractor desires and is qualified to provide the meals and services needed by County for
the Program;
NOW, THEREFORE, the parties agree as follows:
1. THE CONTRACT
The contract between the County and the contractor, of which this agreement is a part, consists
of the contract documents, as specified in paragraph 2.
2. THE CONTRACT DOCUMENTS
The contract documents consist of this Agreement, the specifications, all change orders and/or
substitutions, and any addenda issued hereafter, any other amendments hereto executed by the
parties hereafter, together with the Contractor's bid proposal dated February 22, 2006
and all required insurance documentation.
3. SCOPE OF THE WORK
The Contractor shall provide all necessary supplies and equipment required and perform all of
the work and services described in the Request for Bids entitled:
2006 FOOD SERVICE MEAL CATERING
which shall include
A. Providing meals according to the specifications which are attached hereto and incorporated by
reference. The Contractor may, upon request of the County, make substitution for the items on the
regular menu, according to the terms specified herein. The number of meals shall not exceed 50% above
the maximum estimated number. If the County desires additional meals over and above the 50%, County
shall notify Contractor in advance.
B. Providing individual service site orders no later than Friday two weeks prior to the delivery date.
C. Deliveries of frozen meals will be made to each designated meal site weekly. County shall notify
contractor if the sites change.
D. Delivery schedule will be subject to the holidays of the County and the Program shall notify
Contractor of the dates.
E. Contractor shall train County's staff on any new equipment or special handling of meals
necessitated because of packaging or other requirements.
4. THE CONTRACT AMOUNT
The County shall pay to the Contractor for the faithful performance of the Contract, in lawful
money of the United States, as follows:
$2.93 per meal for all meals
5. CONTRACTOR'S ACCEPTANCE OF CONDITIONS
A. All specifications have been read and carefully considered by the Contractor, who
understands the same and agrees to their sufficiency for the description of the meals to be
provided and the service to be provided. Under no circumstances, conditions, or situations
shall this Contract be more strongly construed against the County than against the
Contractor.
B. The passing, approval, and/or acceptance by the County of any of the services furnished by
the Contractor shall not operate as a waiver by the County of strict compliance with the
teens of this Contract, and specifications covering the services. Failure on the part of the
Contractor, i mmediately after N otice t o Correct s hall e ntitle t he C ounty, i f i t s ees fit, t o
correct the same and recover the reasonable cost of such replacement from the Contractor,
who shall in any event be jointly and severally liable to the County for all damage, loss, and
expense caused to the County by reason of the Contractor's breach of this Contract and/or
his failure to comply strictly and in all things with this Contract and with the specifications.
6. TERM OF CONTRACT/RENEWAL
A. This contract shall be for a period of nine (9) months, commencing April 1, 2006, and
terminating December 31, 2006.
B. The County shall have the option to renew this agreement with 30 days notice to contractor
prior to the end of the term. This option may be exercised twice for one-year terms.
C. The Contract amount shall be adjusted annually in accordance with the percentage change in
the U.S. Department of Commerce Consumer Price Index (CPI) for all Urban Consumers as
reported by the U.S. Bureau of Labor Statistics for the previous year using the month of
October closest to the renewal date.
7. HOLD HARMLESS
The Contractor covenants and agrees to i ndemnify and hold harmless Monroe County Board of
County Commissioners from any and all claims for bodily injury (including death), personal injury,
and property damage (including property owned by Monroe County) and any other losses, damages,
and a xpenses ( including a ttorney's f ees) w hich a rise o ut o f, in c onnection w ith, o r b y r eason o f
services provided by the Contractor or any of its Subcontractor(s) in any tier, occasioned by the
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negligence, errors, or other wrongful act of omission of the Contractor or its Subcontractors in any
tier, their employees, or agents.
In the event the completion of the project (to include the work of others) is delayed or suspended as a
result of the Contractor's failure to purchase or maintain the required insurance, the Contractor shall
indemnify the County from any and all increased expenses resulting from such delay.
The first ten dollars ($10.00) of remuneration paid to the Contractor is for the indemnification
provided for above. The extent of liability is in no way limited to, reduced, or lessened by the
insurance requirements contained elsewhere within this agreement. The provisions of this section
shall survive the expiration or earlier termination of this agreement.
8. INDEPENDENT CONTRACTOR
At all times and for all purposes under this agreement the Contractor is an independent contractor
and not an employee of the Board of County Commissioners for Monroe County. No statement
contained in this agreement shall be construed so as to find the contractor or any of his/her
employees, contractors, servants, or agents to be employees of the Board of County Commissioners
for Monroe County.
9. ASSURANCE AGAINST DISCRIMINATION
The Contractor shall not discriminate against any person on the basis of race, creed, color, national
origin, sex, age, or any other characteristic or aspect which is not job related, in its recruiting, hiring,
promoting, terminating, or any other area affecting employment under this agreement or with the
provision of services or goods under this agreement.
10. ASSIGNMENT/SUBCONTRACT
The Contractor shall not assign or subcontract its obligations under this agreement, except in writing
and with the prior written approval of the Board of County Commissioners for Monroe County and
Contractor, which approval shall be subject to such conditions and provisions as the Board may
deem necessary. This paragraph shall be incorporated by reference into any assignment or
subcontract and any assignee or subcontractor shall comply with all of the provisions of this
agreement. Unless expressly provided for therein, such approval shall in no manner or event be
deemed to impose any obligation upon the board in addition to the total agreed -upon price of the
services/goods of the contractor.
11. COMPLIANCE WITH LAW
In providing all services/goods pursuant to this agreement, the contractor shall abide by all statutes,
ordinances, rules and regulation pertaining to, or regulating the provisions of, such services,
including those now in effect and hereinafter adopted. Any violation of said statutes, ordinances,
rules and regulations shall constitute a material breach of this agreement and shall entitle the Board
to terminate this contract immediately upon delivery of written notice of termination to the
contractor. The contractor shall possess proper licenses to perform work in accordance with these
specifications throughout the term of this contract.
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12. INSURANCE
Coverage shall be provided by a company or companies authorized to transact business in the
State of Florida and the company or companies must maintain a minimum rating of A -VI, as
assigned by the A.M. Best Company. Prior to execution of this agreement, and maintained
throughout the life of the contract, the contractor shall furnish to the County Certificates of
Insurance indicating the minimum coverage limitation as listed below:
A. General Liability — 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
If split limits are provided, the minimum limits acceptable shall be: $100,000 per person;
$300,000 per Occurrence; and $50,000 Property Damage.
An Occurrence Form policy is preferred. If coverage is changed to or 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 48 months following the termination or expiration of the
contract.
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS MUST BE NAMED AS
ADDITIONAL INSURED.
B. Vehicle Liability — include as a minimum:
• Owned, Non -Owned, and Hired Vehicles
The minimum limits acceptable shall be $100,000 Combined Single Limit.
If split limits are provided, the minimum limits acceptable shall be: $50,000 per Person;
$100,000 per Occurrence; and $25,000 Property Damage.
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS MUST BE NAMED
AS ADDITIONAL INSURED.
C. Workers Compensation — 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
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I r t �
All coverages shall be provided.
If the Contractor has been approved by 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
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.
13. PROFESSIONAL RESPONSIBILITY
The Contractor warrants that it is authorized by law to engage in the performance of the activities
encompassed b y t he p roj ect h erein d escribed, s ubj ect t o t he t erms a nd c onditions s et f orth i n
these contract documents. The Contractor shall at all times exercise independent, professional
judgment and shall assume professional responsibility for the services to be provided. Continued
funding by the County is contingent upon retention of appropriate local, state, and/or federal
certification and/or licensure of contractor.
14. NOTICE REQUIREMENT
Any notice required or permitted under this agreement shall be in writing and hand delivered or
mailed, postage prepaid, to the other party by certified mail, returned receipt requested, to the
following:
FOR COUNTY F R O RA(�T —I—
County Administrator o� 0 t v . C v-1 V%C
Gato Building „L - a o -aA,/ o d' n
1100 Simonton Street c e ,5 v �` L-3 _ R iv
Key West, Fl 33040
and
Janice Drewing, Director
Monroe County Social Services Senior Nutrition Program
1100 Simonton Street, First Floor, Room 1-202
Key West, FL 33040
15. CANCELLATION
A) In the event that the contractor shall be found to be negligent or deficient in any aspect of
operation maintenance, repair, or service, the County shall have the right to terminate this
agreement after five (5)days written notification to the Contractor.
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B) Either of the parties hereto may cancel this agreement without cause by giving the other
party thirty (30) days written notice of its intention to do so.
16. GOVERNING LAWS, VENUE, INTERPRETATION, COSTS, 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 the Agreement, the County and Contractor agree that venue
shall lie in the appropriate court or before the appropriate administrative body in Monroe
County, Florida. This Agreement shall not be subject to arbitration.
The County and Contractor agree that, in the event of conflicting interpretation of the terms or a
term of this agreement by or between any of them the issue shall be submitted to mediation prior
to the institution of any other administrative or legal proceeding.
17. RECORDKEEPING
Contractor shall maintain all books, records, and documents directly pertinent to performance
under this Agreement in accordance with generally accepted accounting principles consistently
applied. All such documents shall be retained for a period of 5 years. Each party to this
Agreement or their authorized representatives shall have reasonable and timely access to such
records of each other party to this Agreement for public records purposes during the term of the
Agreement and for four years following the termination of this Agreement. If an auditor
employed by the County or Clerk determines that monies paid to Contractor or not paid to
County pursuant to this Agreement were spent for purposes not authorized by this Agreement or
wrongfully retained by Contractor, the Contractor shall repay the monies together with interest
calculated pursuant to Sec. 55.03, FS, running from the date the monies were to have been paid.
18. SEVERABILITY
If any term, covenant, condition or provision of this Agreement (or the application thereof to any
circumstance or person) shall be declared invalid or unenforceable to any extent by a court of
competent jurisdiction, the remaining terms, covenants, conditions and provisions of this
Agreement, shall not be affected thereby; and each remaining term, covenant, condition and
provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted
by law unless the enforcement of the remaining terms, covenants, conditions and provisions of
this Agreement would prevent the accomplishment of the original intent of this Agreement. The
County and Contractor agree to reform the Agreement to replace any stricken provision with a
valid provision that comes as close as possible to the intent of the stricken provision.
19. ATTORNEY'S FEES AND COSTS
The County and Contractor agree that in the event any cause of action or administrative
proceeding is initiated or defended by any party relative to the enforcement or interpretation of
this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, court costs,
investigative, and out-of-pocket expenses, as an award against the non -prevailing party, and shall
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include attorney's fees, court 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.
20. BINDING EFFECT
The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the
benefit of the County and Contractor and their respective legal representatives, successors, and
assigns.
21. 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.
22. CLAIMS FOR FEDERAL OR STATE AID
Contractor and County agree that each shall be, and is, empowered to apply for, seek, and obtain
federal and state funds to further the purpose of this Agreement; provided that all applications,
requests, grant proposals, and funding solicitations shall be approved by each party prior to
submission.
23. ADJUDICATION OF DISPUTES OR DISAGREEMENTS
County and Contractor agree that all disputes and disagreements shall be attempted to be
resolved by meet and confer sessions between representatives of each of the parties. If no
resolution can be agreed upon within 30 days after the first meet and confer session, the issue or
issues shall be discussed at 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. This
provision does not negate or waive the provisions of Paragraph 15 concerning cancellation.
24. COOPERATION
In the event any administrative or legal proceeding is instituted against either party relating to the
formation, execution, performance, or breach of this Agreement, County and Contractor agree to
participate, to the extent required by the other party, in all proceedings, hearings, processes,
meetings, and other activities related to the substance of this Agreement or provision of the
services under this Agreement. County and Contractor specifically agree that no party to this
Agreement shall be required to enter into any arbitration proceedings related to this Agreement.
25. NONDISCRIMINATION
County and Contractor agree that there shall be no discrimination against any person, and it is
expressly understood that upon a determination by a court of competent jurisdiction that
discrimination has occurred, this Agreement automatically terminates without any further action
on the part of any party, effective the date of the court order. County or Contractor agree to
comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to
nondiscrimination. These include but are not limited to: 1) Title VI of the Civil Rights Act of
1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin; 2)
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Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-
1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation
Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of
handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which
prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of
1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The
Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of
1970 (PL 91-616) as amended, relating to nondiscrimination on the basis of alcohol abuse or
alcoholism;; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3
and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patent records; 8)
Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.) as amended, relating to
nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities
Act of 1990 (42 USC s. 1201 NoteO, as maybe amended from time to time, relating to
nondiscrimination on the basis of disability; 10) Any other nondiscrimination provisions in any
federal or state statutes which may apply to the parties to, or the subject matter of, this
Agreement. Monroe County Code Ch. 13, Art. VI, prohibiting discrimination on the basis of
race, color, sex, religion, disability, 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.
26. COVENANT OF NO INTEREST
County and Contractor covenant that neither presently has any interest, and shall not acquire any
interest, which would conflict in any manner or degree with its performance under this
Agreement, and that only interest of each is to perform and receive benefits as recited in this
Agreement.
27. 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 Statues, 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.
28. NO SOLICITATION/PAYMENT
The County and Contractor warrant that, in respect to itself, it has neither employed nor retained
any company or person, other than a bona fide employee working solely for it, to solicit or
secure this Agreement and that it has not paid or agreed to pay any person, company,
corporation, individual, or firm, other than a bona fide employee working solely for it, any fee,
commission, percentage, gift, or other consideration contingent upon or resulting from the award
or making of this Agreement. For the breach or violation of the provision, the Contractor agrees
that the County shall have the right to terminate this Agreement without liability and, at its
discretion, to offset from monies owed, or otherwise recover, the full amount of such fee,
commission, percentage, gift, or consideration.
8
29. PUBLIC ACCESS
The County and Contractor shall allow and permit reasonable access to, and inspection of, all
documents, papers, letters or other materials in its possession or under its control subject to the
provisions of Chapter 119, Florida Statues, and made or received by the County and Contractor
in conjunction with this Agreement; and the County shall have the right to unilaterally cancel
this Agreement upon violation of this provision by Contractor.
30. NON -WAIVER OF IMMUNITY
Notwithstanding the provisions of Sec. 768.28, Florida Statues, the participation of the County
and the Contractor in this Agreement and the acquisition of any commercial liability insurance
coverage, self-insurance coverage, or local government liability insurance pool coverage shall
not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract
entered into by the County be required to contain any provision for waiver.
31. 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 of any public agents or employees of the County,
when performing their respective functions under this Agreement within the territorial limits of
the County shall apply to the same degree and extent to the performance of such functions and
duties of such officers agents, volunteers, or employees outside the territorial limits of the
County.
32. LEGAL OBLIGATIONS AND RESPONSIBILITIES
Non -Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor
shall it be construed as, relieving any participating entity from any obligation or responsibility
imposed upon the entity by law except to the extent of actual and timely performance thereof by
and 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.
33. NON -RELIANCE BY NON-PARTIES
No person or entity shall be entitled to rely upon the terms, or any of them, of the Agreement to
enforce or attempt to enforce any third -party claim or entitlement to or benefit of any service or
program contemplated hereunder, and the County and the Contractor agree that neither the
County nor the Contractor or any agent, officer, or employee of either shall have the authority to
inform, counsel, or otherwise indicate that any particular individual or group of individuals,
entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior
to, or superior to the community in general or for the purposes contemplated in this Agreement.
34. ATTESTATIONS
Contractor agrees to execute such documents as the County may reasonably require, to include a
Public Entity Crime Statement, An Ethics Statement, and a Drug -Free Workplace Statement.
35. NO PERSONAL LIABILITY
No covenant or agreement contained herein shall be deemed to be a covenant or agreement of
any member, officer, agent or employee of Monroe County in his or her individual capacity, and
no member, officer, agent or employee of Monroe County shall be liable personally on this
Agreement or be subject to any personal liability or accountability by reason of the execution of
this Agreement.
36. 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. Any of
the parties hereto may execute this Agreement by signing such counterpart.
37. 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.
38. CONTINGENCY STATEMENT
Monroe County's performance and obligation to pay under this contract is contingent upon an
annual appropriation by the Monroe County Board of County Commissioners and the obtaining
of grant funding for the Program.
fN WITNESS WHEREOF the parties hereto have executed this Agreement on the day and date first
written 1.a bove i n s ix ( 6) c ounterparts, e ach o f w hich s hall, w ithout p roof o r a ccounting f or t he o ther
cbunterparts, be deemed an original contract.
BOARD OF COUNTY COMMISSIONERS
Attest: `DANNY L. KOLHAGE, CLERK OF MONROE CO Y, FLORIDA
By. By:
Deputy Clerk Mayor/Ch irman
Date: 141nat,� 4 Zoa
(SEAL)
Attest/Witness
By:
Name Printed:
By:
Name Printed:
MONROE COUNTY ATTORNEY
APPROVED AS TO FORM:
SUSAN M. G SLEY
ASSISTANT COUN ATTORNEY
10