Item H9 H.9
County f � .�� ",�, 1 BOARD OF COUNTY COMMISSIONERS
Mayor Craig Cates,District 1
Mayor Pro Tem Holly Merrill Raschein,District 5
The Florida Keys
Michelle Lincoln,District 2
James K.Scholl,District 3
David Rice,District 4
County Commission Meeting
December 7, 2022
Agenda Item Number: H.9
Agenda Item Summary #11485
BULK ITEM: Yes DEPARTMENT: Airports
TIME APPROXIMATE: STAFF CONTACT: Richard Strickland(305) 809-5200
N/A
AGENDA ITEM WORDING: Ratification of small contract totaling $49,175.00 with Florida
State College (FSCJ) as executed by the County Administrator for FAA Part 139 required training
for Marathon Airport's Aircraft Rescue and Fire Fighter(ARFF)personnel.
ITEM BACKGROUND: Under the County's Purchasing Policies and Procedures Section 2F, the
county entered into a small contract for $2,950.00 with FSCJ on June 19, 2020 which expired on
December 31, 2020. Thereafter, a new five-year small contract was entered into with FSCJ for
$49,175.00 for the term of January 1, 2021 through December 31, 2025. The current contract
requires BOCC ratification because the cumulative amount of the expired contract added to the new
contract exceeds the $50,000.00 threshold
PREVIOUS RELEVANT BOCC ACTION: N/A
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval.
DOCUMENTATION:
FSCJ small contract(1.1.2022-12.31.2025)
FSCJ small contract(6.19.2020-12.31.2020)
FINANCIAL IMPACT:
Effective Date: Upon approval
Expiration Date: December 31, 2025
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H.9
Total Dollar Value of Contract: $52,125.00 ($2,950.00 for expired contract plus $49,175.00
for current contract).
Total Cost to County: -0-
Current Year Portion: $9,905.00
Budgeted: Yes
Source of Funds: Marathon Airport Operating Fund 403
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: If yes, amount:
Grant:
County Match:
Insurance Required: No
Additional Details:
REVIEWED BY:
Beth Leto Completed 11/18/2022 3:47 PM
Richard Strickland Completed 11/18/2022 4:08 PM
Pedro Mercado Completed 11/18/2022 4:09 PM
Purchasing Completed 11/18/2022 4:11 PM
Budget and Finance Completed 11/21/2022 9:50 AM
Brian Bradley Completed 11/21/2022 9:53 AM
Lindsey Ballard Completed 11/21/2022 12:24 PM
Board of County Commissioners Pending 12/07/2022 9:00 AM
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H.9.b
Monroe County Purchasing Policy and Procedures
COUNTY ADMINISTRATOR
CONTRACT SUMMARY FORM FOR CONTRACTS LESS THAN $50,00
Contract with: FL State College SCD Contract
at Jax (Fire Academy) Effective Date: 6-19- 020
Expiration ate: 12-31-2020
Contract Purpose/Description:
Master Training and Education Services Agreement for FAA required Aircraft Rescue
Firefighting (ARFF)Live Burn Refresher training tuition and certifications
Course#PSR0084 ARFF and hotel costs
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ContractManager: April Pearson 6002 Marathon 'Airport 1 Sto' #15
(Name) (Ext.) (Department/Stop
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CONTRACT COSTS
Total Dollar Value of Contract: $ i"080. 0 Current Year Portion: $ 2,950.6b
(must be less than$50.000) (1rmultiyear agreement then
requires SOCC approval,unless the
total cumulative arnourn is less than �
$50,000 00)
Budgeted?YcsZ NoElAccount Codes: 403- 3501-53050- -
t: 03-63501-5300 - -
County Match: $ - - - -
ADDITIONAL COSTS
Estimated Ongoing Costs: $ /A For: /A CN
of included in dollar value above e. .maintenance,utilities, 'anitorial,salaries,etc.
CONTRACT VIEW
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Changes Date Out
Date In Needed ev'
Department He w Yes o U)
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Risk Management _ es N _. _____
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./ chasing Yes No[:,,,-,
County Attorney q- Yes No 0
Comments:
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Florida State College
at Jacksonville
Training Agreement E
This Training Agreement is entered into this by (date) e dD,4'D and between Florida <
State College at Jacksonville ("FSCJ") and Florida Keys Marathon Airport—Monroe
County pursuant to and in accordance with the terms of(the"Agreement') previously entered
into between the parties dated the JxuL&,,j&k This Agreement will expire December 31,
2020.
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Terms X
The terms of the Agreement are hereby incorporated by reference and shall govern the
provision course and training services under this proposal.
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Description of Courses and/or Training Services L)
FSCJ Fire Academy of the South agrees to provide instruction for Aircraft Rescue Firefighting 2
(ARFF) Refresher Program to Customers employees as defined in this training agreement. 2
Training will be delivered on mutually agreed upon dates to be conducted at FSCJ South U-
Campus, Fire Academy of the South, 2700 Firefighter Memorial Drive, Jacksonville, FL
32246. Delivery of instruction shall be scheduled and delivered in accordance with the terms
and conditions herein.
FSCJ Fire Academy of the South agrees to provide the following:
• Five hours of Aircraft Rescue Firefighting (ARFF) refresher
• Highly qualified instructor
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• Participant evaluations
• Attendance records
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• ARFF Certificate for each firefighter completing training N
Customer shall commit to the following: NQ
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• Provide Firefighting Gear—if Firefighting Gear is unavailable must rent from the Fire 0)
Academy of the South
• Provide student enrollment information via hard copy enrollment forms or the FSCJ
Continuing Education website
• Maintain open lines of communication with Florida State College at Jacksonville's, Fire
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Academy of the South, representative throughout the training process.
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Points of Contact n
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FSCJ U-
Workforce Operations E
Urban Resource Center
601 West State Street, Suite 314, Jacksonville, FL 32202
workforceops0fspi.edu
(904) 633-8130
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H.9.b
F.H. (Rick) Lewis, Director
Fire Academy of the South
2700 Firefighter Memorial Drive, Jacksonville, FL 32246
flewis@fsci.edu
( 0 ) 7-43
Customer/Billing
April Pearson
Florida Keys Marathon Airport-Monroe County
9400 Overseas Highway, Suite 200
Marathon, FL 300
305-289-602
Pearson-april@monroecounty-fl.gov
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Fees, Costs and Payment Terms
Tuition and fees for all students must be paid by the following schedule:
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Contact Proposed Number Tuition Cost per
Course Hours of Participants Person' °
PSR0084 ARFF 5 T 6 .00
The tuition for PSR#0084is four hundred sixty-five dollars ($ 65,00) per person. College will
bill for the exact number of firefighters that attend each training session. Customer agrees to
pay College one hundredtwenty-five dollars ($15.00) per night(double occupancy) for the
required number of hotel rooms for one (1) night. College will make efforts to inform customer
prior to training sessions if tuition and/or cost increase. LU
Within one(1)week from the date of class, FSCJ will invoice customer. Customer shall pay N
invoice within ( 0) days of the invoice date. Payments should be direct to: �!
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Florida State College at Jacksonville
Finance Department
Attention: Accounts Receivable Q
501 West State Street, Jacksonville, FL 320
Accounts ec ivble _ c°,edu
(90 ) 6 -3003
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The secured payment link is:
tt s f/ uikpaya p.com/f ci/ orr merce Mpaacerlcay r. c crderT ce= on or°1� Thir %20Paq �
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Cancellation Policy
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Cancellations must be made two (2)week prior to the proposed start date. Cancellation ..
requests may be made via email to FSCJ Online and Workforce Operations Team:
orkforceops scj.eu, or via phone (904) 633- 130. If your organization fails to submit a E
written cancellation request within the specified time frame, FSCJ will invoice for all materials
purchased and services rendered.
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Student Enrollment and Registration
Customer agrees to provide enrollment information for all students. A student may complete a
paper enrollment form or submit enrollment information via the FSCJ online application portal.
hftps://apply.fscj.edu/apply.aspx?id=CEC No student may participate in training without being
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registered.
Customer reserves the right to replace a student during the first week. If a student drops <
following the first week, no replacements will be allowed and no refunds will be issued.
Customer will be invoiced accordingly.
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Customer agrees not to disclose to others, copy or use for any purpose unrelated to FSCXs <
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business, directly or indirectly, any trade secret or confidential or proprietary information or data
of or relating to FSCJ or its business or operations that Customer obtains as a result of, or in
connection with, the performance of the Services ("Confidential Information"), provided that the
foregoing shall not apply to information that Customer possessed prior to the commencement of
this Agreement or that is generally known to the public other than as a result of Customer's breach 0
of this Agreement. U
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By my signature below, I accept this proposal and all associated terms and conditions.
Florida State College at Jacksonville Florida Keys Marathon Airport-Monroe County
Dr. Cedric Gibson
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Entrepreneurship Sign:
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Date:
Title:
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Florida State College
at Jacksonville
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Master Training and Education Services agreement zsr
This Master Training and Education Services Agreement("Agreement") is hereby entered into as of
the date of last signature below by and between Florida State College at Jacksonville("FSCJ"),and
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Florida Keys Marathon Airport—Monroe County(hereinafter"Customer"). U-
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WHEREAS, FSCJ is a postsecondary educational institution that offers instruction and training services
to students as well as educational training services for employees of its regional industry partners;and
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WHEREAS, FSCJ,as part of its mission and goals,offers educational and training services to respond
to workforce development needs of employers;and 2
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WHEREAS,Customer is in need of,and desires to obtain,educational services from FSCJ:
NOWTHEREFORE,the parties hereby agree as follows:
1. Educational Services.All educational services and training courses to be provided by FSCJ to Customer
("Services") shall be documented in a mutually agreed to educational services agreement signed by
authorized representatives of both parties ("Training/Services Agreement"). Each Training/Services
Agreement shall reference this Agreement and set forth,at a minimum,the educational services to be ,
provided,any fees for the training and/or educational services and a schedule describing the location N
and dates of the services and when the associated fees shall be paid.
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2. Fees and Payment.
2.1 Payment Procedures. Payment arrangements for educational service or training fees will be
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determined prior to the commencement of each training or educational service provided and
specified in the appropriate Training/Services Agreement.
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2.2 FSCJ shall submit to Customer invoices with supporting documentation acceptable to the U
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Customer on a MONTHLY schedule in arrears. Acceptability to the Customer is based on LL
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generally accepted accounting principles and such laws, rules and regulations as may govern the
Customer's disbursal of funds. E
2.3 FSCJ shall maintain all books,records,and documents directly pertinent to performance under
this Agreement in accordance with generally accepted accounting principles consistently
applied. Each party to this Agreement or their authorized representatives shall have reasonable
and timely access to such records of each other party to this Agreement for public records
WF Form-001:Master Services Agreement.030419
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purposes during the term of the Agreement and for four(4) years following the termination of
this Agreement. If an auditor employed by the Customer determines that monies paid to FSCJ
pursuant to this Agreement were spent for purposes not authorized by this Agreement, FSCJ
shall repay the monies together with interest calculated pursuant to Sec.55.03,FS, running from E
the date the monies were paid to FSCJ.
3. Term and Termination
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3.1 Term.This Agreement shall be effective when signed by the Parties and thereafter shall remain in
effect until December 31,2020.The parties may enter into multiple Training/Services Agreements X
provided that this Agreement remains in effect.
3.2 Termination. Either party may terminate this Agreement upon thirty (30) days written notice.
Individual Training/Services Agreements may be terminated separately according to their 0
respective terms without affecting this Agreement. However,termination of this Agreement will U
serve to terminate any open Educational Services Agreements. Upon receiving such notice, FSCJ
shall immediately cease providing any additional Services under any open Training/Services
Agreements. Upon any termination or expiration of this Agreement, Customer shall pay all U-
reasonable documented costs and expenses incurred up to the effective date of termination or
expiration of this Agreement.
License and Proprietary Rights. Unless otherwise provided in a Training/Services Agreement, FSCJ
owns all rights, including all intellectual property rights, in all original materials it provides to the
Customer or its students during the delivery of this training, including any curriculum materials. N
Customer agrees that it shall not permit anyone either to duplicate or reproduce any materials in any
manner without FSCJ's prior written permission. N Ci
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Notice.Any notice required or permitted by this Contract shall be given to the following representative
of each party, at the address set forth below, by hand delivery; by registered mail, return receipt
requested; or by overnight mail or courier service, signed acknowledgement of receipt required.
Notice shall be deemed as given on the day of receipt of the notice, as indicated on the signed and
dated receipt of acknowledgement,or on the date of hand delivery:
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FSCJ: Workforce Operations U)
FSCJ Urban Resource Center U
601 West State Street,Suite 314,Jacksonville, FL 32202 U-
(904)633-8130/workforceops@fsci.edu
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With a copy to: Office of General Counsel
Florida State College at Jacksonville
500 West State Street,Suite 403
Jacksonville,FL 32202
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Client's Contact Person April Pearson
Florida Keys Marathon Airport—Monroe County E
9400 Overseas Highway,Suite 200
Marathon, FL 330SO
305-289-6002
Pearson-april@monroecounty-fl.gov E
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6. Political Subdivision. The parties hereto acknowledge and agree that FSCJ is a political subdivision of
the State of Florida. As such, FSCA performance under this contract and any amendments hereto or
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attachments connected herewith, shall at all times be subject to any and all state laws, state
regulations and District Board of Trustee Rules which are applicable to FSCJ's operations,
commitments and/or activities in furtherance of any terms specified herein. Furthermore, nothing
contained herein shall be construed or interpreted as: (i)denying to either party any remedy or defense
available to such party under the laws of the State of Florida;(ii)the consent of the College to be sued;or 0
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(iii)a waiver of sovereign immunity of the College beyond the waiver provided in Section 768.28,F.S.As
College is a political subdivision of the State of Florida, this Agreement is subject to the applicable
provisions of Florida Statutes regarding public access and other issues. This Agreement is executed
and entered into in the State of Florida,and shall be construed,performed and enforced in all respects u-
in accordance with the Florida law including Florida provisions for conflict of law.
7. Miscellaneous.
7.1 Sovereign Immunity.
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Indemnification. FSCJ,as a political subdivision defined in Section 768.28,Florida Statutes,agrees to
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be fully responsible to the limits set forth in such statute for its own negligent acts or omissions,or Ci
intentional tortuous actions,which result in claims or suits against either County or FSCJ,and agrees N
to be liable to the statutory limits for any damages proximately caused by said acts or omissions,or
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intentional tortious acts. Q
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The Customer,as a political subdivision of the State of Florida,as defined in Section 768.28,Florida
Statutes,agrees to be fully responsible to the limits set forth in such statute for its own negligent
acts or omissions,or intentional tortuous acts,which result in claims or suits against either the FSCJ
or Customer,and agrees to be liable to the statutory limits for any damages proximately caused by 0
said acts or omissions,or intentional tortious acts.
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Nothing contained in this Section shall be construed to be a waiver by either party of any protections U)
under sovereign immunity,Section 768.28 Florida Statutes,or any other similar provision of U
law. Nothing contained herein shall be construed to be a consent by either party to be sued by third u-
parties in any matter arising out of this or any other Agreement.
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7.2.Public Records.
FSCJ must comply with Florida public records laws,including but not limited to Chapter 119, Florida
Statutes and Section 24 of article I of the Constitution of Florida.The Customer and FSCJ shall allow E
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and permit reasonable access to,and inspection of, all documents, records, papers, letters or other
"public record" materials in its possession or under its control subject to the provisions of Chapter
119, Florida Statutes, and made or received by the Customer and FSCJ in conjunction with this
contract and related to contract performance. The Customer shall have the right to unilaterally
cancel this contract upon violation of this provision by FSCJ. Failure of FSCJ to abide by the terms of
this provision shall be deemed a material breach of this contract and the Customer may enforce u-
the terms of this provision in the form of a court proceeding and shall,as a prevailing party, be u-
entitled to reimbursement of all attorney's fees and costs associated with that proceeding.This
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provision shall survive any termination or expiration of the contract.
FSCJ is encouraged to consult with its advisors about Florida Public Records Law in order to comply
with this provision.
Pursuant to F.S. 119.0701 and the terms and conditions of this contract, FSCJ is required to:
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(1) Keep and maintain public records that would be required by the County to perform the
service.
(2) Upon receipt from the Customer's custodian of records, provide the Customer with a copy of u-
the requested records or allow the records to be inspected or copied within a reasonable time at a
cost that does not exceed the cost provided in this chapter or as otherwise provided by law.
(3) Ensure that public records that are exempt or confidential and exempt from public records
disclosure requirements are not disclosed except as authorized by law for the duration of the >-
contract term and following completion of the contract if FSCJ does not transfer the records to the
Customer. a
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(4) Upon completion of the contract,transfer,at no cost,to the Customer all public records in
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possession of FSCJ or keep and maintain public records that would be required by the Customer to N
perform the service. If FSCJ transfers all public records to the Customer upon completion of the
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contract, FSCJ shall destroy any duplicate public records that are exempt or confidential and Q
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exempt from public records disclosure requirements.If FSCJ keeps and maintains public records
upon completion of the contract, FSCJ shall meet all applicable requirements for retaining public
records.All records stored electronically must be provided to the County, upon request from the
Customer's custodian of records,in a format that is compatible with the information technology
systems of the Customer. 0
(5) A request to inspector copy public records relating to a Customer contract must be made E
directly to the Customer, but if the Customer does not possess the requested records,the U)
Customer shall immediately notify FSCJ of the request,and FSCJ must provide the records to the L)
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Customer or allow the records to be inspected or copied within a reasonable time. u-
If FSCJ does not comply with the Customer's request for records,the Customer shall enforce the E
public records contract provisions in accordance with the contract, notwithstanding the Customer's
option and right to unilaterally cancel this contract upon violation of this provision by FSCJ.
FSCJ shall not transfer custody, release,alter,destroy or otherwise dispose of any public records
unless or otherwise provided in this provision or as otherwise provided by law.
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H.9.b
IF FSCJ HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119,FLORIDA STATUTES,TO
THE FSCPS DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT,CONTACT THE
CUSTODIAN OF PUBLIC RECORDS,BRIAN BRADLEY,AT(305)292-3470,BRADLEY-
B IAN&MONROECOU TY-FL.GOV.MONROE COUNTY ATTOR EY'S OFFICE, 1111 12th STREET,
SUITE 40 ,KEY WEST, FL 33040.
7.3 Independent Contractors. The parties are independent contractors and neither party shall have
supervision or control over the other party's employees, faculty, staff,students, representatives
or volunteers in the performance of their duties.
7.4 Authority.Each person signing on behalf of the parties to the Agreement represents and warrants <
that he/she has full authority to execute the Agreement on behalf of such party and that the
Agreement will constitute a legal and binding obligation of such party.
7.5 Force Maleure. No default, delay or failure to perform on the part of the either party shall be 0
considered a default,delay or failure to perform otherwise chargeable,hereunder, if such default,
delay or failure to perform is due to causes beyond either party's reasonable control including,but
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not limited to, strikes, lockouts or inactions of governmental authorities; epidemics; acts of
terrorism; war; embargoes; fire; earthquake; acts of God; or default of common carrier. In the
event of such default, delay or failure to perform, any date or times by which either party is
otherwise scheduled to perform shall be extended automatically for a period of time equal in
duration to the time lost by reason of the excused default,delay or failure to perform.
7.6 Governing Law. This Agreement shall be governed by and construed in accordance with the laws
of the State of Florida without giving effect to its choice of law provisions.Venue for any litigation,
mediation, or other action proceeding between the parties arising out of this Agreement lies in
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Jacksonville,Florida. N
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7.7 Counterparts/Facsimile/Electronic Signatures. The Parties agree that this Agreement may be
executed and delivered by facsimile, electronic mail,or any other suitable electronic means, and
the Parties agree that signatures delivered by any of the aforementioned means shall be deemed
to be original,valid,and binding upon the Parties.This Agreement may be executed in one or more
counterparts,each of which shall be deemed an original, but all of which together shall constitute
one and the same Agreement.
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7.8 Media Release.Customer hereby consents to the use by FSCJ,and those actingwith permission and ..
authority of FSCJ,to list the Customer as a partner, in any and all media including the Internet,
without limitation,including promotion,solicitation,advertising or trade.Customer is fully aware E
that the Customers name and logo may appear in materials available to students,parents,faculty
or staff of FSCJ, and individuals outside of the FSCJ community. Customer waives any right to °
inspect or approve the finished images or other content, including advertising copy or printed
matter,in which they may be used.Customer understands that any distribution of the images will
be fully compliant with FSCJ policies, statements and values. Customer understands that all
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images,including film,photographic prints,digital files or video are the exclusive property of FSCJ
and Customer grants to FSCJ the unrestricted right to copyright,publish and republish the images.
7.9 Nondiscrimination. E
The parties 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. The parties agree to
comply with all Federal and Florida statutes,and all local ordinances,as applicable, relating
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to nondiscrimination. These include but are not limited to: 1)Title Vil of the Civil Rights Act u-
of 1964(PL 88-352),which prohibit discrimination in employment on the basis of race,
color, religion,sex,and national origin;2)Title IX of the Education Amendment of 1972,as X
amended(20 USC§§ 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§794),
which prohibits discrimination on the basis of handicaps;4)The Age Discrimination Act of
1975,as amended(42 USC§§6101-6107),which prohibits discrimination on the basis of 0
age;5)The Drug Abuse Office and Treatment Act of 1972(PL 92-255), as amended, relating U
to nondiscrimination on the basis of drug abuse;6)The Comprehensive Alcohol Abuse and
Alcoholism Prevention,Treatment and Rehabilitation Act of 1970(PL 91616),as amended,
relating to nondiscrimination on the basis of alcohol abuse or alcoholism;7)The Public u-
Health Service Act of 1912,§§523 and 527(42 USC§§690dd-3 and 290ee-3),as amended,
relating to confidentiality of alcohol and drug abuse patient records;8)Title Vill of the Civil
Rights Act of 1968(42 USC§§ 3601 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§§12101),as amended from time to time, relating to nondiscrimination in employment >-
on the basis of disability;10) Monroe County Code Chapter 14,Article 11,which prohibits
discrimination on the basis of race,color,sex,religion, national origin,ancestry,sexual N
orientation,gender identity or expression,familial status or age;and 11)any other N
nondiscrimination provisions in any federal or state statutes which may apply to the parties
to,or the subject matter of,this Agreement. `Ni
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7.10Ethics Clause.
FSCJ warrants that he/it had not employed, retained or otherwise had act on his/its behalf
any former Customer/County officer or employee subject to the prohibition of Section 2 of
Ordinance No.010-1990 or any Customer/County officer or employee in violation of Section
3 of Ordinance No.020-1990. For breach or violation of this provision the Customer may, in 0
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,
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commission, percentage,gift,or consideration paid to the former Customer/County officer U)
or employee. U
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7.11 Public Entity Crime Statement.
A person or affiliate who has been placed on the convicted vendor list following a conviction E
for public entity crime may not submit a bid on a 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 CONTRACTOR,
supplier,subcontractor,or CONTRACTOR under a contract with any public entity,and may
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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 vendor list.
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7.12 Accreditation Information.
Florida State College at Jacksonville is accredited by the Commission on Colleges of the
Southern Association of Colleges and Schools(SACSCOC). Per SACSCOC policy,at least 25
percent of the credit required to earn a credential must be earned through instruction
offered by the institution awarding the credit while the student is officially enrolled at FSCj.
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By their duly authorized signatures below,the parties hereby enter into this Services Agreement:
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Florida State College at Jacksonville Client: Florida Keys Marathon Airport Monroe
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Monroe County Purchasing Policy and Procedures
ATTACI3MENT ,5
COUNTY ADMINISTRATOR
CON T T C"T' SUMMARY FORM FOR. CONTRACTS LESS 'I HAN$50,1000.00
Contract with: FSCJ R :date ColleC.e.:-- w�Contract# NA _
._w ,.. _.. ". .._ .. ... _...�� . .._ .._. Effective Date:
1-1'- 0 1
Expiration Datr
Contract Purpose/Description:
Yedr Thr e alerrcier Year 023)Agrdernent of the Master Training and M'Education Services Argreenlent to providenM�
µ,F Bark 139 required training�to Marathon Airport's Aircraft Rescue and Firs Fighter(ARFF)personnel.
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Contract as � , ,-_ ,,. .., .-...,.,..
Original. Agreement Contract Amerxdn"went/Extension Renewal
Michael i Legere�.._ ... .- _
Contract Manager: M 53C12 Marathon Airport, Stop #15
(Name) (Ext.) (Department/Stop 4)
CONTRACT COSTS
Total Dollar Value of Contract: $ Current Year Portion: $
(must be less than$.50,000 � t,Of...uihy rr�agruLment trim
t 5� requires CSC atpprcrval unlos the 9,190.00
lohd i�ui [III L,'tive Vs iusd owl"
Budgeted`? Yesz] No t_-_.I
Grant: $ County Match: $
Fund/Cost Center/S rend Cate rorv: 403-63501-SC-00035
ADDITIONAL COSTS
Estimated Ongoing Costs: $ /yr For: NA
(Not included in dollar value above) (e.g.maintenance,utilities;janitorial,salaries, etc.)
Insurance Required: YES ❑ NOf 2
CONTRAC`['REVIEW
Changes
Date In Needed Rev" " r ��te Out
Department Head 11.3.22 Yes❑ N.[2' 11.3.22
County Attorney 11/4/22 Yes❑Non %�`9° 11/4/22
Risk_Management Yes E]No LX] -� 11/7/2022
Julie C u n eo Digitally signed by Julie Cuneo
Purchasing Yes�NO Date:2022.11.07 12:55:55-05'00'
OM
B
r� Tina Boan Digitally signed by Tina Bean
OM.B Yest____t No Date:2022.11.07 14:37:41-05'00'
Comments:
Revised 1 " C " 1If2022
Page 85 cif`106
Florida State College
FSCjatjacksonville
Training Agreement
This Training Agreement is entered into this 3rd day of November, 2022 by and
between Florida State College at Jacksonville ("FSCJ") and Florida Keys Marathon
Airport- Monroe County ("Customer")
Terms
The terms of the Agreement are hereby incorporated by reference and shall govern the
provision course and training services under this proposal, This Agreement will expire on
December 31, 2023.
FSCJ agrees to provide instruction for forty (40) hour ARFF Certification and five (5) hour
ARFF Recertification to Customer's employees as defined in this training agreement.
Training will be delivered on mutually agreed upon dates to be conducted at the Fire
Academy of the South, 2700 Firefighter Memorial Drive,Jacksonville, FL. Delivery of
instruction shall be scheduled and delivered in accordance with the terms and conditions
herein.
FSCJ agrees to provide the following:
• Highly qualified instructor
• Course materials
• Classroom and Laboratory Facilities
• PPE Gear
• Participant evaluations
• Attendance records
• Individual Certificates of Completion
• Lunch upon request
Customer shall commit to the following:
• Identify training participants
• Provide student enrollment information via hard copy enrollment forms or the FSCJ
Continuing Education website
• Maintain open lines of communication with Florida State College at Jacksonville's
instructor(s) and representatives throughout the training process.
I
Points of Contact
F�
Workforce Operations
Urban Resource Center
601 West State Street, Suite 314,Jacksonville, FL 32202
.WMkf().[C=A@-f .Lai m
(904) 633-8130
M.Jason Carpenter
Fire Academy of the South
2700 Firefighter Memorial Drive
Jacksonville, FL 32246
(904) 997-4953
rniCaE enftfscl.edu
co er
April Pearson
Florida Keys Marathon Airport-Monroe County
9400 Overseas Highway,Suite 200
Marathon, FL 33050
305-289-6002
Pearso0-@ raI MUionroerow rat fI. ov
illin
April Pearson
Florida Keys Marathon Airport-Monroe County
9400 Overseas Highway,Suite 200
Marathon, FL 33050
305-289-6002
earson-gprii ruor r egqunty — ov,
Pro
9 M Tevin, Cow
Coons i"
Hoots per sIldo"t
Pqr f
ARFF Certification 40 TBD $8.9_�.. .mwu..,
.. 95,ao
ARFF Recertification 5 TBD $465.a0
2
The college will bill for the exact number of Firefighter's trained at each session. If the
customer wishes to use accommodation, the customer agrees to pay the college one
hundred twenty-five dollars ($125.00) per room per night (double or single occupancy).
This is to house the number of personnel sent by the customer.
Tuition and fees for all students must be paid by the following schedule:
FSCJ will invoice customer within thirty(30) days from training. Customer shall pay invoice
within thirty(30)days of the invoice date. Payments should be directed to:
Florida State College at Jacksonville
Finance Department
Attention: Accounts Receivable
501 West State Street,Jacksonville, FL 32202
1
(904) 632-3003
The secured payment link is:
Cancellations must be made one (1)week prior to the proposed start date. Cancellation
requests may be made via email to micarpen@fscj.edu, or via phone (904) 997-4953. If
your organization fails to submit a cancellation request within the specified time frame,
FSCJ will invoice for minimum fee listed above
Student iegistrajOgn
Customer agrees to provide enrollment information for all students. A student may complete
a paper enrollment form or submit enrollment information via the FSCJ online application
portal. No student may participate in training without being registered.
anfidentiriity. Customer agrees not to disclose to others, copy or use for any purpose
unrelated to FSCJ's business, directly or indirectly, any trade secret or confidential or
proprietary information or data of or relating to FSCJ or its business or operations that
Customer obtains as a result of, or in connection with, the performance of the Services
("Confidential Information"), provided that the foregoing shall not apply to information that
Customer possessed prior to the commencement of this Agreement or that is generally
known to the public other than as a result of Customer's breach of this Agreement.
3
By my signature below, I accept this proposal and all associated terms and conditions.
Florida State College atjacksonville Florida Keys Marathon Airport- Monroe county
Dr. Cedrick Gibson Print: Roman Gastesi
Sign: Sign:
AVP, Workforce Development& Titleµ.. Monroe County Administrator
Entrepreneurship
Date: _ Date: 11/8/2022
ArqOV
rtFOAI_M
AI8 UNTY ATTORNPEY
Data 11/4/22
4
Financial Information for Invoicing and Resolution
1 Accounts payable contact information:
Name: Enter Text
Phone: Enter Text
Email Address: Enter I A
Invoice Address: LEntg,i IQKt
2. Do you require FSCJ to submit invoices into an online portal? E]Yes nNo
If no, skip to Question 5. If yes, please provide submission process:
Enter Text
3. Will a login/password be needed for submitting invoices? nYes E]No
4. Is there any training required for access to online portal? DYes E]No
5. Do you have payment terms that are outside of FSCJ's stated due upon
receipt terms? E]Yes E]No
If so, please provide terms: EqLQL,je.At
7. Is other documentation required with an invoice?Enter Je2Lt
8. Please provide additional billing requirements not included above:
E ate r Text
Financial Information for Invoicing and Resolution
1. Accounts payable contact information:
Name: Enter Text
Phone: Enter Text .
..............—Email Address: Enter Text
Invoice Address: E-_OjeLT " :
2. Do you require FSQ to submit invoices into an online portal? E]Yes E]No
If no, skip to Question 5. If yes, please provide submission process:
Enter Text
3. Will a login/password be needed for submitting invoices? E]Yes E]No
5
4. Is there any training required for access to online portal? ❑Yes ❑No
5. Do you have payment terms that are outside of FSQ's stated due upon
receipt terms?
❑Yes ❑No If so, please provide terms: Enter Text
6. Is other documentation required with an invoice? Erater .Fe xt
7. Please provide additional billing requirements not included above:
Ent jr Text
6
Monroe County Purchasing Policy and Procedures
ATTACHMENT D.6
COUNTY ADMINISTRATOR
CONTRACT RENEWAL FORM FOR CONTRACTS LESS THAN $50,000.00
Contract with: Contract# NA
Renewal Date: 1;- 20,21
Expiration Date: 12-31=20.25
Contract Renewal Notes:
FAILURE TO MEET ONE OR MORE OF THE CONDITIONS SET FORTH BELOW
WILL REQUIRE APPROVAL BV THE BOCC
❑The BOCC approved agreement provided for a renewal subject to the terms and conditions set
forth in in the initial contract.
✓❑The Contractor has performed in a satisfactory manner and the contract manager has verified
satisfactory performance
❑✓ The Contractor has requested and agrees to renewal (renewal agreement should first be
signed by Contractor)
❑ The renewal period is set forth in the BOCC approved agreement
Q The total cumulative value, including any Consumer Price Index(CPI) increase, of the
renewal is less than$50,000.00
The following Contract Manager has verified that the above conditions have been met.
Contract Manager: 6002 Mar tho Ai,rpo,, t; Stop #15
(Name) (Ext.) (Department/Stop #)
Revised BOCC 7/17/19
Page 86 of 106
FY 2023 MTH estimated Florida State Colle a at lax Fire Academy
14 - 5 Hour Live Burns 465 14 6510
1 - 40 Hour Initial Training 895 1 895
20 - Nights Hotel 125 20 2500
9905
Monroe County P Irchasing Policy and Procedures
COUNTY ADMINISTRATOR
CONTRACT SUMMARY FORM FOR CONTRACTS LESS THAN $50,000
Contract with: FL 3H ��Co 1111 e -e at J a x Contract 9 NA
Effective Date: 1-1-2021
1 Expiration Date: 12-31-2025
Contract Purpose/Descriptiow
Master Training and Education Services Agreement to provide FAA Part 139 required
trai to Marathon A° ort Aircraft Rescue and FiLx!Fi titer.LARFF)fie sonnel.
Contract Manager: Michael Legere 302 Marathon Ai ort/Sto #15
(Name) i—E—xt.) ( epartment/Stop#)
COT CT COSTS
Total Dollar Value of Contract: $ 49,175.00 Current Year Portion: $ 9,835.00
(must be ttql than$50,000) (U f mulfiyeas sgreemw when
mqu rcs BOX approval,unless(hc
too CullinA6vc amoulol Is lcss thmi
S.50,0001 00)
Budgeted?Yes Z NoE] Account—Codes: 403-63501-530540
Grant: $
County,Mi�i*' $ .............................................................................................
.......... ............
.................................... ................................ ...................
ADDITIONAL COSTS.................... ....................................
Estimated Ongoing Costs:NA For: NA
2�ot included in dollar value above 2 (e.g.maintenance,ufflities,lani(ofial salaries,cue.)
CONTRACT REVIEW
Changes Date Out
Date In Neede4 eviewer
Department Head h-b�/;O YesEl Noff stdzy
Risk Management 12-22-2020 YesEl NO 12-22-2020
O.M.B./Purchasing 12/22/20 Yes[]NojD ChrC4Vuvial 13 rtckeU 12/22/20
12/22/20
County Attorney 12/11/20 YesEj NoM
Comments: Based on 10-5 hour training sessions at$465 ea; 3 -40 hour!tra�ini ..
sessions at $95 ;20,nights,hotel_@,$l25 eager year.
Florida State College at Jacksonville-Fire Academy of the South
Marathon Airport Aircraft Rescue Fire Fighter(ARFF)personnel
FAA Part 139 required training
Master Agreement Small Contract Value based on:
10-5 hour Live Burn training sessions at$465 each 4,650
3-40 hour Initial training sessions at$895 each 2,685
20 nights hotel at$125 each 2,500
9,835
5 years 9,835
(January 1,2021 through December 31, 2025) x 5
49,175
..........
T
D 'FIREF1AIRCRAFT` �g� E
W/11,
g,
V,
TRAtNt'
F
UF,THE SQUTH
/f
The Florida State College atjacksonville Fire Academy of the
vas �/riiaoi //%�'��/%/'
South (FAS) provides a wide range of training and educational
opportunities to emergency respondersin'both the public
and private sector. Training levels range'from basic skills and '
�G ,/G//��r �/ii rMY"
certifEcation to advanced education with specif�c techn:cal training,
including shipboard firefighting and'airceaft rescue firefighting % j �., %, �i
The Fire emy of the South is`home to`a newstate=of-the-art
ARFF tratnin center, including a 727 fuselage for search
l ,, , ,,,
737 mockup with 11 different fire scenar�os`and
crash°.truck
/ / / : it _ �/ ✓i/ / /
/
AM
a / r/
/�ar,i�/ro„ / // / /
�////ii/i/G/,r/����i,///,,,,
This class meets all FAA standards for initial training for includes gooks, lunch far four days,
airport firefighters, The clan} emphasizes the lecture bt:rkergear and SCBA
+Fef;�rvtdii cl•.Itr:ehrtt��t, 29-O class
materials by reinforcing; with practical applications in a
varietyofscenarios including rescue,a�irportfarniliarie.,30on,
and fire-fighting techniques. Students will receive live lire V P C O M I N G CLASSES
experience and training in accordance with FAR 139. anuary 27-31, 2020
Participants who sur.cessfully complete the course, pass w February 24--28, 2020
the written and skills test, and meet all pi ereciuisite.5 as e April 20-24, 2020
eligible for the National Board on Fire Service Professional July 13-17, 2020
QJalifications(Pro Board)certification. October 5--9, 2020
;November 2-6, 2020
this,fmv hour classy meets all FAR standards for roc-eri.,ficat,nn
In r
13
under FAR 139. Students will refresh their skili sets 117 risr^
7f l�fpUl �`rl��y Ji lyi ,jr� r/f '�9jr�,���
of extin�,uishers, aircraft rescue technicIues, and opi-rat�on, 11, f�D� s� 1",,/# I � ��,
of haml line; in rontrolling an aircraft-re(atod ',re, t�19104) 997-4953 6vAP ARFP." fscj.ed
FloridaState College FS '
at Jacksonville
FSCRorida SUO College
jatjacksonville
Master Training and Education Services Agreement
This Master Training and Education Services Agreement("Agreement"') is hereby entered into as of
the date of last signature below by and between Florida State College at Jacksonville('^FSCJ"),and
Florida Keys Marathon Airport—Monroe County(hereinafter"Customer").
-
WHEREAS, FSCJ is a postsecondary educational institution that offers instruction and training services
to students as well as educational training services for employees of its regional industry partners;and
WHEREAS, FSCJ, as part of its mission and goals,offers educational and training services to respond
to workforce development needs of employers;and
WHEREAS,Customer is in need of,and desires to obtain,educational services from FSCJ:
N0VVTHEBEFORE'the parties hereby agree asfollows:
l. Educational Services.All educational services and training courses to be provided by FSCJ to Customer
("Services") shall be documented in a mutually agreed toeducational services agreement signed by
--`authorized'reppesentath/es'of'both port(es"("Tre|nlno/Serv|ces'AQpeenment`)�EachTra|niog/'Sen/ices~—�-~---�---~
Agreement shall reference this Agreement and set forth,at a minimum,the educational services to be
provided,any fees for the training and/or educational services and a schedule describing the location
and dates of the services and when the associated fees shall hepaid.
2. Fees and Payment.
2.1 Payment Procedures. Payment arrangements for educational service or training fees will bm
determined prior to the commencement of each training or educational service provided and
specified in the appropriate Training/Services Agreement.
2.2F5[]shall submit to Customer invoices with supporting documentation acceptable tothe
Customer ona MONTHLY schedule|narrears. Acceptability tothe Customer is based on
generally accepted accounting principles and such laws, rules and regulations as may govern the
Customer's disbursal offunds.
Monroe C , performance and obligation to pay under this contract is contingent upon an
annual appropriation by the BOOC,
2.3 FSCJ shall maintain all books, records,and documents directly pertinent to performance under
this Agreement in accordance with generally accepted accounting principles consistently
applied. Each party to this Agreement or their authorized representatives shall have reasonable
and timely access to such records of each other party to this Agreement for public records
xxFpo,m'ooz:Master Services An,eement.os0«z9
purposes during the term of the Agreement and for four(4) years following the termination of
this Agreement. /yon auditor employed by the Customer determines that monies paid UzFS[]
pursuant to this Agreement were spent for purposes not authorized by this Agreement, FSCJ
shall repay the monies together with interest calculated pursuant to Sec.55.03, FS, running from
the date the monies were paid to FSCJ.
3. Term and Termination
3'1Telm This Agreement shall be effective when signed by the Parties and thereafter shall remain in
effect forfive(5)years.The parties may enter into multiple Training/Services Agreements provided
that this Agreement remains|neffect.
3.2TelOilnatiln. Either party may terminate this Agreement upon thirty (30) days written notice.
Individual Training/Services Agreements may be terminated separately according to their
respective terms without affecting this Agreement, However, termination of this Agreement will
serve to terminate any open Educational Services Agreements. Upon receiving such notice, FS[]
shall immediately cease providing any additional Services under any open Train ing/Services
Agrnemmnbo. Upon any termination or expiration of this Agreement, Customer shall pay all
reasonable documented costs and expenses incurred op to the effective date of termination or
expiration of this Agreement.
4. License and Proprietary Rights. Unless otherwise provided in aTroinino/Sen/ices Agreement, FS[]
owns all rights, including all intellectual property rights, in all original materials it provides to the
CV uoqmms~du thi�tr�hm��
Customer agrees that it shall not permit anyone either to duplicate or reproduce any materials in any
manner without FS[J's prior written permission.
5. Noticg.Any notice required or permitted by this Contract shall be given to the following representative
of each party, at the address set forth below, by hand delivery; by registered noa||, return receipt
requested; or by overnight mail or courier service, signed acknowledgement of receipt required.
Notice shall be deemed as given on the day of receipt of the notice, as indicated on the signed and
dated receipt of acknowledgement,oron the date of hand delivery:
I'SICk: Workforce Operations
PSCJ Urban Resource Center '
60l West State Street,Suite 314,Jacksonville, pL322UI
(904)633-8130/
With a copy to: Office of General Counsel
Florida State College a1Jacksonville
SOO West State Street,Suite 4O3
Jacksonville, PL322O2
vv;ru,m'ooz:master Services^g,eement.nsnuz*
Client's Contact Person April Pearson
Florida Keys Marathon Airport—Monroe County
94OO Overseas Highway,Suite 200
Marathon, FL33O5O
305-I89-6002
Pearson-apM|@mnonroeu»unty' |.Qo*
6. Political Subdivision.The parties hereto acknowledge and agree that FS[] is political subdivision of
the State of Florida.As such, FSC]'s performance under this contract and any amendments hereto or
attachments connected herewith, shall at all times be subject to any and all state laws, state
regulations and District Board of Trustee Rules which are applicable to FSCJ's operadooy,
commitments and/or activities in furtherance ofany terms specified herein. Furthermore, nothing
contained herein shall be construed or interpreted as: (i) denying to either party any remedy or defense
available to such party under the laws of the State of Florida;(ii)the consent of the College to be sued;or
(iii)a waiver of sovereign immunity of the College beyond the waiver provided in Section 768.28, F.S.As
College is o political subdivision of the State of Florida, this Agreement is subject to the applicable
provisions of Florida Statutes regarding public access and other issues. This Agreement is executed
and entered i nto in the State of Florida,and shall be construed, performed and enforced in all respects
in accordance with the Florida law including Florida provisions for conflict of law.
7. Miscellaneous.
'
7'l Sovereian Immunity.
6rdilrWhif iZgf k6ch" I��bdliViiio� f
-
be fully responsible to the limits set forth in such statute for its own negligent acts or omissions,or
intentional tortuous actions, which result in claims or suits against either County or FSCJ, and agrees
to be liable to the statutory limits for any damages proximately caused by said acts or omissions,or
intentional tqrdouoacts.
The Customer, oyo political subdivision of the State of Florida,as defined |n Section 768.28, Florida
Statutes,agrees to6e fully responsible to the limits set forth in such statute for its own negligent
acts or omissions,or intentional tortuous acts, which result in claims or suits against either the FSC.J
or Customer,and agrees to be liable to the statutory limits for any damages proximately caused by
said acts oromissions,or intentional tnrtiouyacts.
Nothing contained |n this Section shall 6e construed to bea waiver by either party of any protections
under sovereign immunity,Section 768.28 Florida Statutes,or any other similar provision of
law. Nothing contained herein shall be construed to be a consent by either party to be sued by third
parties|n any matter arising out of this or any other Agreement,
xxp[orm'VVl:master Services Agreement.03041g
7.2 Public Records.
FS[J must comply with Florida public records laws, including but not limited to Chapter 119, Florida
Statutes and Section 24 of article I of the Constitution of Florida.The Customer and FSC.J shall allow
and permit reasonable access to, and inspection of,all documents,records, papers,letters orother
"public record" materials in its possession or under its control subject to the provisions of Chapter
119, Florida Statutes, and made or received by the Customer and FSCJ in conjunction with this
contract and related ha contract performance. The Customer shall have the right tounilaterally
cancel this contract upon violation of this provision by FSCJ. Failure of FSCJ to abide by the terms of
this provision shall be deemed a material breach of this contract and the Customer may enforce
the terms of this provision in the form of a court proceeding and shall,as a prevailing party, be
entitled to reimbursement of all mttorney's fees and costs associated with that proceeding.This
provision shall survive any termination or expiration of the contract.
FSCJ is encouraged to consult with its advisors about Florida Public Records Law in order to comply
with this provision.
Pursuant to F.S. 119.0701 and the terms and conditions of this contract, FSCJ is required to:
(1) Keep and maintain public records that would be required by the County to perform the
service,
(2) Upon receipt from the Customer's custodian of records, provide the Customer with a copy of
the requested records or allow the records to be inspected or copied within a reasonable time at a
cost that does not exceed the cost provided in this chapter or as otherwise provided by law.
(3) Ensure that public records that are exempt or confidential and exempt from public records
disclosure requirements are not disclosed except ay authorized by law for the duration ofthe
contract term and following completion of the contract if FSCJ does not transfer the records to the
Customer.
..
(4) Upon completion of the contract,transfer, atnocost,tV the Customer all public records in
_ possession ofFSCJor keep and maintain public records that would be required by the Customer to
perform the service. if FSO transfers all public records to the Customer upon completion of the
contract, F6C]shall destroy any duplicate public records that are exempt o,confidential and
exempt from public records disclosure requirements. If FSCJ keeps and maintains public records
upon completion pf the contract, FS[J shall meet all applicable requirements for retaining public
records.All records stored electronically must be provided to the County,upon request from the
Customer's custodian of records, in a format that is compatible with the information technology
systems of the Customer.
(5) A request to inspect or copy public records relating to a Customer contract must be made
directly to the Customer,but if the Customer does not possess the requested records,the
Customer shall immediately notify FSCJ of the request,and FSCJ must provide the records to the
Customer or allow the records to be inspected or copied within a reasonable time.
|fFSC.J does not comply with the Customer's request for records,the Customer shall enforce the
public records contract provisions in accordance with the contract,notwithstanding the Customer's
option and right to unilaterally cancel this contract upon violation of this provision by FSCJ,
FSCJ shall not transfer custody, release, alter,destroy or otherwise dispose of any public records
unless or otherwise provided in this provision or as otherwise provided by law.
vvp Fo,m'oOz:Master Services Agmmme"t.ouo«zy
IF FSCJ HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES,TO
THE FSCJ'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT,CONTACT THE
CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY,AT(305) 292-3470,BRADLEY-
BRIAN@MONROECOUNTY-FL.GOV. MONROE COUNTY ATTORNEY'S OFFICE, 1111 12th STREET,
SUITE 408, KEY WEST, FL 33040.
7.3 Independent Contractors. The parties are independent contractors and neither party shall have
supervision or control over the other party's employees, faculty, staff, students, representatives
or volunteers in the performance of their duties.
7.4 Authority. Each person signing on behalf of the parties to the Agreement represents and warrants
that he/she has full authority to execute the Agreement on behalf of such party and that the
Agreement will constitute a legal and binding obligation of such party.
7.5 Force Maieure. No default, delay or failure to perform on the part of the either party shall be
considered a default,delay or failure to perform otherwise chargeable, hereunder,if such default,
delay or failure to perform is due to causes beyond either party's reasonable control including,but
not limited to, strikes, lockouts or inactions of governmental authorities; epidemics; acts of
terrorism; war; embargoes; fire; earthquake; acts of God; or default of common carrier. In the
event of such default, delay or failure to perform, any date or times by which either party is
otherwise scheduled to perform shall be extended automatically for a period of time equal in
duration to the time lost by reason of the excused default,delay or failure to perform.
7.5 Governing Law. This Agreement shall be governed by and construed in accordance with the laws
„w„,,,,,,,,,,,,, ,a,,, ,,, ,, ,,,,,,,,,,,of,the•State•o�Florida,without,givingeffect-to•itschoice,oflaw,provisions,•Venueforwany-litigation�4 unNau�,�,m
mediation, or other action proceeding between the parties arising out of this Agreement lies in
Jacksonville, Florida.
7.7 Counteroaris/FacsimilelElectronic Signatures. The Parties agree that this Agreement may be
executed and delivered by facsimile, electronic mail, or any other suitable electronic means, and
the Parties agree that signatures delivered by any of the aforementioned means shall be deemed
to be original,valid,and binding upon the Parties.This Agreement may be executed in one or more
counterparts,each of which shall be deemed an original, but all of which together shall constitute
one and the same Agreement.
7.8 Media Release.Customer hereby consents to the use by FSCJ,and those acting with permission and
authority of FSCJ, to list the Customer as a partner, in any and all media including the Internet,
without limitation,including promotion,solicitation,advertising or trade.Customer is fully aware
that the Customer's name and logo may appear in materials available to students,parents,faculty
or staff of FSCJ, and individuals outside of the FSCJ community. Customer waives any right to
inspect or approve the finished images or other content, including advertising copy or printed
matter,in which they may be used.Customer understands that any distribution of the images will
be fully compliant with FSCJ policies, statements and values. Customer understands that all
WF Form-001:Master Services Agreement.030419
images,including film,photographic prints,digital files or video are the exclusive property ofF5{]
and Customer grants hmFSC1 the unrestricted right to copyright,publish and republish the images.
7.9
The parties 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. The parties 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 VUof the Civil Rights Aut
of1964 (PL88`353),which prohibit discrimination |n employment on the basis ofrace,
color, religion,sex,and national origin; 2\Title |Xof the Education Amendment of1972,as
amended (2OUSC§§ 1581-168],and 1685-l68G),which prohibits discrimination onthe
basis ofsex;3)Section 5D4of the Rehabilitation Act of197],am amended (2OUSC§794),
which prohibits discrimination on the basis of handicaps;4)The Age Discrimination Act of
1875,as amended(42USC§§G1O1-61O7),which prohibits discrimination on the basis pf
age 5)The Drug Abuse Office and Treatment Act pf1973(PL92'2S6), 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 91616), as amended,
relating to nondiscrimination on the basis of alcohol abuse or alcoholism;7>The Public
Health Service Act of1912,§§523 and 5J7(42USC§§ S80dd-3 and 29Oee-]),esamended,
relating to confidentiality of alcohol and drug abuse patient records;8)Title Vill of the Civil
Rights Act of1968(4JUSC§§ 3601etseq.),as amended, relating to nondiscrimination in
the sale, rental or financing of housing;9)The Americans with Disabilities Act of 1990(42
W5[§§ 1I1O1),as amended from time to time, relating tp nondiscrimination|nemployment
on the basis ofdisability; 1O) Monroe County Code Chapter 14,Article ||,which prohibits
discrimination on the basis ofrace, co|o�uex' neOQion' madona|ori�in'ancestry,sexual
orientation,ge. . _~�~~
nondiscrimination provisions in any federal or state statutes which may apply to the parties
to,or the subject matter of,this Agreement.
7.10Ethics Clause.
F5[J warrants that he/it had not employed, retained or otherwise had act mn his/its behalf
any former Customer/County officer or employee subject tothe prohibition of Section 2of
Ordinance No.010-1990 or any Customer/County officer or employee in violation of Section
3 of Ordinance No.020-1990. For breach or violation of this provision the Customer may, in
its discretion,terminate this contract without liability and may also, |n 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 Customer/County officer
or employee.
'
7.%I Public Entity Crime Statement.
A person or affiliate who has been placed on the convicted vendor list following a conviction
for public entity crime may not submit a bid on a contract 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 CONTRACTOR,
supplier,subcontractor,or CONTRACTOR under a contract with any public entity,and may
xxpro,m'ooz:Master Services»mreemcnt.O38uz9
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 vendor list.
7.12 Accreditation Information.
Florida State College at Jacksonville is accredited by the Commission on Colleges of the
Southern Association of Colleges and Schools(SACSCOC). Per SACSCOC policy,at least 25
percent of the credit required to earn a credential must be earned through instruction
offered by the institution awarding the credit while the student is officially enrolled at FSCJ.
By their duly authorized signatures below,the parties hereby enter into this Services Agreement:
Florida State College at Jacksonville Client: Florida Keys Marathon Airport — Monroe
Signed by: .. County
[..�'
Print: ca.r-11 t O„sopt Signed by:
Title:A UP D rzk cozee, 19el). C7 -rtrz `
Print:
Date: J �_ j ���' Title: a a!"'
Date:
NFIOE COUfM ATTORNEY; .
HOVE FORM
P
ASSI; NTY ATTORNEY
De{e 12f 11/20
wF Form-001:Master Services Agreement.03D419