Item P08
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date April 19, 2006
Bulk Item:-L Yes _No
Division: COUNTY ADMINISTRATOR
Staff Contact Person: Debbie Frederick
AGENDA ITEM WORDING:
Approval ofan Agreement with Advanced Data Solutions, Inc., Contract #101-555-
2565A for IT consulting, survey of all County departments, IT design and, if necessary,
assessments related to the Sterling Project.
ITEM BACKGROUND:
On October 19,2005 the County entered into a similar Agreement with Advances Data
Solutions, Inc. It became evident that the initial agreement was ambiguous and difficult
to interpret when the Clerk of Court began to attempt to pay the invoices. Therefore the
initial Agreement had to be terminated and a new agreement put in its place. This
contract is a piggyback on State Contract #973-651-04-02.
PREVIOUS RELEVANT BOCC ACTION:
On October 19, 2005 the County entered into a similar Agreement with Advances Data
Solutions, Inc. for IT consulting, survey of County departments, IT design and
assessments.
CONTRACT/AGREEMENT CHANGES
This Agreement is to clear up any payment issues under the State Contract and to clarify
the contract and make payment fall under the State Contract requirements.
STAFF RECOMMENDATIONS:
Approval
TOTAL COST: $162,568.00
BUDGETED: YES l NO
COST TO COUNTY: $162,568.00
SOURCE OF FUNDS: Ad Valorem
REVENUE PRODUCING: YES
N01L.AMOUNTPERMONTH_ Year
APPROVED BY: County Atty ~ O~IB/Purchasing ~ Risk Management X
DIVISION DIRECTOR APPROVAL:
9JeIli1ie [j~
(Debbie Frederick)
DOCUMENTATION:
Included -L
Not Required
DISPOSITION:
AGENDA Item#
ADS Contract 101-555-2565A
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SlJMMARY
Contract with: Advanced Data Solutions Contract #_ 101-555-2565A
Effective Date: 04-19-06
Expiration Date: 09-30-09
Contract Purpose/Description:
Approval of an Agreement with Advanced Data Solutions, Inc., Contract #101-555-
2565A for IT consulting, survey of all County departments, IT design and, if necessary,
assessments related to the Sterling Project.
Contract Manager: Debbie Frederick 4741 CAD/Stop #1
(Name) (Ext. ) (Department/Stop #)
for BOCC meeting on 04-19-06 Agenda Deadline:
CONTRACT COSTS
Total Dollar Value of Contract: $ 162,568.00 Current Year Portion: $
Budgeted? Yesl8J No 0 Account Codes: 001-05001-530340-_-_
Grant: $ _-_-_-_-_
County Match: $ _ _ _ __
- - - -
-----
ADDITIONAL COSTS
Estimated Ongoing Costs: $~yr For:
(Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
Changes
Date In Needed
Division Director YesO
Date Out
County Attorney
YesONoO
YesO NoO
YesD
RIsk Management
O.M.BJPurchasing
Comments:
OMB Form Revised 2/27/01 MCP #2
305292,1516
MONROE COUNTY ATT
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AGREEMENT BETWEEN MONROE COUNTY
AND ADVANCED DATA SOLUTIONS, INC.
FOR IT CONSULTING, SURVEY, IT DESIGN
(and necessary assessm.ents related to tile Sterling Project)
(Co:u.tract Number lOl-55S-2565A)
THIS AGREEMENT, made and entered into this _ day of April, 2006, by and
between MONROE COUNTY, a political subdivision of the State of Florida
{"COUNTY"L whose address is 1100 Simonton Street, Key West, Florida 33040,
and Advanced Data Solutions, Inc., a Florida Corporation, whose address is 141
Scarlet Boulevard, Suite A, Oldsmar, Florida 34677 ("ADS"~.
WHEREAS, ADS and COUNTY entered into a previous agreement
identified as "Professional Services Agreement between Monroe County and
Advanced Data Solutions, Inc., contract number 101-555-2565" ("Contract
Number 101-555-2565"), which was entered into on the 19th day of October,
2005; and
WHEREAS, said Contract Number 101-555-2565 has proven to be
problematic due to numerous difficulties and ambiguities in interpretation of
the terms, clauses and Exhibits; and
WHEREAS, ADS and COUNTY mutually agree to terminate Contract
Number 101-555-2565; and
WHEREAS, ADS has entered into a contract with the State of Florida,
known as State Contract #973-651-04-02, entitled IT Consulting Services
("State Contract"}, and which can. be located at MyFlorida.com; and
WHEREAS, ADS is a qualified vendor under Project Area 3 of the State
Contract; and
WHEREAS, ADS and COUNTY agree to enter into this Agreement for ADS
to survey the County's various software, applications, servers, hardware, overall
network and infrastructure to effect a more efficient IT plan and Structure, and
to attend and actively participate in the Sterling Orientation IT related meetings
and Level IV Engagements; and
NOW THEREFORE, in consideration of the mutual covenants and provisions
contained herein, COUNTY and ADS agree as follows: That COUNTY and .IDS,
for the consideration hereinafter set forth, mutually agree as follows:
1. THE AGREEMENT
The Agreement consists of this document only. Any other Agreements bet-.veen
ADS and COUNTY are separate independent agreements and shall be read,
interpreted and enforced as separated independent agreements.
This Agreement replaces that Contract entered into between ADS and COUNTY
on the 19th day of October, 2005, also known as contract number 101-555-
Contract 11 101-55S-2565A
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2565, said contract being terminated by mutual agreement of ADS and the
COUNTY.
2. SCOPE OF THE WORK
ADS will survey the County's software and PC environment, business
application software, servers, primary hardware, overall network and
infrastructure on a department by department basis in order to effectuate an IT
design and framework that will provide COUN1Y with a more efficient IT plan
and structure. In addition, ADS will attend and actively participate in the
Sterling Orientation IT related. meetings and Level IV Engagements, when
necessary to facilitate the IT portion as it impacts the Sterling Project.
3. PAYMENTS TO ADS
A. COUNTY'S performance and obligation to pay under this agreement,
is contingent upon annual appropriation by the Board of County
Commissioners.
B. COUNTY shall pay in accordance with the Florida Prompt Payment
Act; payment will be made periodically, but no more frequently than monthly,
in arrears as hereinafter set forth.
C. This Agreement falls under the "piggy back" provisions of Monroe
County" Purchasing Policy, therefore all payments shall match payments under
the State Contract #973-651-04-02; and
D. ADS shall submit to County an invoice with supporting
documentation acceptable to the Clerk ou a schedule as set forth :in the
Agreement, invoices shall include documentation to support expenses
(including but not limited to travel, hotel, per diem costs) and services under
price sheets outlined in the State Contract Area 3 and Area 4. Invoices shall
delineate enough information so that the Clerk can match the Job Family, Job
Number, Job Title and hourly rate to the State Contract.
E. The hourly rate paid to ADS shall be, at a maximum, the mid rate
figure as set out on the price sheets or if no mid rate is available at the next
rate below the top rate, and at no time shall COUNTY pay the top rate for any
service under the State Contract. However, nothing in this Agreement shall
prohibit ADS from charging less than the above stated rate. Acceptability to the
Clerk is based on provisions of the State Contract, generally accepted
accounting principles and such laws, rules and regulations as may govern the
Clerk's disbursal of funds.
F) Total Compensation to ADS under this Agreement shall not exceed
One Hundred and Si.xty~ Two Thousand Five Hundred Sixty~ Eight Dollars
($162,568-00). COUNTY and ADS recognize that there are outstanding invoices
which should be paid under the previous contract, and agree that these shall be
submitted to the County Attorney with back-up documentation for review and
shall, where appropriate. be paid under this Agreement: however, the total
contract amount shall not exceed One Hundred Sixty-Two Thousand and Five
Hundred Sixty-Eight Dollars ($162,568.00), including any payment on the
outstanding invoices.
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4. TERM OF AGREEMENT
This Agreement shall commence on the date of execution by all parties, and
ends on the 30th day of September, 2009, unless terminated earlier under
paragraph 18 of this Agreement, or the total compensation has been paid
whichever comes first.
5. ACCEPTANCE OF CONDITIONS BY ADS
ADS has, and shall maintain throughout the term of this Agreement,
appropriate licenses; and shall at all times remain an approved vendor under
State Contract number 973-561-04-2, Project Area 3. Proof of such licenses and
approvals shall be submitted to the County upon request.
The ADS agrees that the County Administrator may designate representative(s)
to visit the ADS facility periodically to conduct random open file evaluations
during the normal business hours.
The ADS has, and shall maintain throughout the term of this contract,
appropriate licenses and approvals required to conduct its business, and that it
will at all times conduct its business activities in a reputable manner. Proof of
such licenses and approvals shall be submitted to the County upon request,
6. FINANCIAL RECORDS OF ADS
ADS shall maintain all books, record~ and documents directly pertinent to
performance under this Agreement in accordance with generally accepted
accounting principles consistently applied. Each party to this Agreement or
their authorized representatives shall have reasonable and timely access to
such records of each other party to this Agreement for public records purposes
during the 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 ADS pursuant to this Agreement were spent for purposes not
authorized by this Agreement, the ADS shall repay the monies together with
interest calculated pursuant to Sec. 55.03, FS. running from the date the
monies were paid to ADS.
7. PUBLIC ACCESS
The County and ADS shall allow and pennit reasonable access to, and
inspection of, all documents, papers, letters or other materials in its possession
or under its control subject to the provisions of Chapter 119, Florida Statutes,
and made or received by the County and ADS in conjunction with this
Agreement; and the County shall have the right to unilaterally cancel this
Agreement upon violation of this provision by ADS.
8. HOLD HARMLESS AND INSURANCE
ADS covenants and agrees to indemnify and hold harmless Monroe County
Board of County Cormnissioners from any and all claims for bodily injury
(including death), personal injury, and property damage (including property
o~'lled by Monroe County) and any other losses, damages, and expenses
(including attorney's fees) "Which arise out of, in connection with, or by reason of
services provided by ADS occasioned by the negligence, errors, or other
wrongful act of omission of ADS, its employees, or agents.
Contract 'it 10 1 ~555.2565A
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The extent of liability is in no way limited to, reduced, or lessened by the
lnsurance requirements contained elsewhere within this agreement. Failure of
ADS to comply with the requirements of this section shall be cause for
immediate termination of this agreement.
Prior to execution of this agreement. ADS shall furnish the COUNTY Certificates
of Insurance indicating the minimum coverage limitations in the following
amounts:
WORKERS COMPENSATION AND EMPLOYER'S LIABILTIY INSURANCE.
Where applicable, coverage to apply for all employees at a minimum statutory
limits as required by Florida Law.
COMPREHENSIVE AUTOMOBILE VEHICLE LlABIUTY INSURANCE:
Motor vehicle liability insurance, including applicable no-fault coverage, with
limits of liability of not less than $1,000,000.00 per occurrence, combined
single limit for Bodily Injury Liability and Property Damage Uability. Coverage
shall include all owned vehicles, all non-owned vehicles, and all hired vehicles.
COMMERCIAL GENERAL LIABILITY. Commercial general liability coverage
with limits of liability of not less than $1,000,000.00 per occurrence combined
single limit for Bodily Injury Liability and Property Damage Liability,
PROFESSIONAL LIABILITY. ADS shall furnish professional liability errors
and omissions insurance coverage in an amount not less than $1,000,000.00,
which covers its employees in executive and or managerial positions with the
company.
CERTIFICATES OF INSURANCE. Original Certificates of Insurance shall be
provided to the COUNfY at the time of execution of this Agreement and certified
copies provided if requested. Each policy certificate shall be endorsed with a
provision that not less than thirty (3D) calendar days' written notice shall be
provided to the County before any policy or coverage is canceled or restricted.
The underwriter of such insurance shall be qualified to do business in the State
of Florida. If requested by the County Administrator, the insurance coverage
shall be primary insurance with respect to the County, its officials, employees,
agents and volunteers.
9. NON-WAIVER OF IMMUNI1Y
Notwithstanding the provisions of Sec. 286.28, Florida Statutes, the
participation of County and ADS 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 e.uent of liability coverage, nor shall any Agreement entered
into by the County be required to contain any provision for waiver.
10. INDEPENDENT CONTRACTOR
At all times and for all purposes under this agreement ADS is an independent
contractor and not an employee of the Board of COlU1ty Commissioners of
Monroe County. No statement contained in this agreement shall be construed
Contract # 10 1-555-2565A
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so as to find ADS or any of his employees, subcontractors, servants, or agents
to be employees of the Board of County Commissioners of Monroe County.
1 L NONDISCRIMINATION
County and ADS agree that there will be no discrimination against any person,
and it is
expressly understood that upon a determination by a court of competent
jurisdiction that discrimination has occurred, this Agreement automatically
terminates without any further action on the part of any party, effective the
date of the court order. County or ADS agree to comply with all Federal at:ld
Florida statutes, and all10cal 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) Title IX of the Education Amendment of 1972.
as amended (20 use 88. 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 use 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 WL 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 use S8. 690dd-3 and 290ee-3), as amended, relating to confidentiality of
alcohol and drug abuse patent records; 8} Title vm of the Civil Rights Act of
1968 (42 use s. et 8eq.~, as amended, relating to nondiscrimination in the sale,
rental or financing of housing; 9) The Americans with Disabilities Act of 1990
(42 use s. 1201 Note), as maybe amended from time to time, relating to
nondiscrimination on the basis of disability'; 1O} Any other nondisc:r:imination
provisions in any Federal or state statutes which may apply to COUNTY and
ADS to, or the suqject matter of, this Agreement.
12. ASSIGNME}\;'T I SUBCONTRACT
ADS may subcontract portions of this Agreement to Tribridge Inc. However,
ADS shall not assign or subcontract its obligations under this agreement to
other subcontractors, except in writing and with the prior written approval of
the Board. of County Commissioners of Monroe County and ADS, 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
additional obligation upon the board.
13. COMPLIANCE WITH LAW AND LICENSE REQUIREMMENTS
In providing aU services/goods pursuant to this agreement, ADS shall abide by
all statutes, ordinances. rules and regulations 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
Contract #lOl-555-2565A
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constitute a material breach of this agreement and shall entitle the Board to
terminate this Agreement. ADS shall possess proper licenses to perform work
in accordance with these specifications throughout the term of this Agreement.
14. DISCLOSURE At'lD CONFUCT OF INTEREST
ADS represents that it, its directors, principles and employees, presently have
no interest and shall acquire no interest, either direct or indirect, ",'hich would
conflict in any manner '\l\,ith the performance of services required by this
contract, as provided in Sect. 112.311. et. seq., Florida Statutes. County agrees
that officers and employees of the County recognize and will be required to
comply with the standards of conduct for public officers and employees as
delineated in Section 112.313, Florida Statutes, regarding, but not limited to,
solicitation or acceptance of gifts; doing business with one's agency;
unauthorized compensation; misuse of public position, con:flicting employment
or contractual relationship; and disclosure or use of certain information.
Upon execution of this contract, and thereafter as changes may require, the
ADS shall notify the County of any fmancial interest it may have in any and all
programs in Monroe County which the ADS sponsors, endorses, recommends,
supervises, or requires for counseling, assistance, evaluation, or treatment.
This provision shall apply whether or not such program is required by statute,
as a condition of probation, or is provided on a voluntary basis.
County and ADS 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 ADS 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.
15. NO PLEDGE OF CREDIT
ADS shall not pledge the County's credit or make it a guarantor of payment or
surety for any contract, debt, obligation, judgment, lien, or any form of
indebtedness. ADS further warrants and represents that it has no obligation or
indebtedness that would impair its ability to fulfill the terms of this contract.
16. NOTICE REQUIREMENT
Any notice required or pemritted 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
Monroe County Court Administrator
1100 Simonton Street
Key West, FL 33040
and
County Attorney
PO Box 1026
Key West, Fl 33041-1026
Contract 11 10 1-555-2565A
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FOR ADS:
Rob Buell
Advanced Data Solutions, Inc.
141 Scarlet Boulevard, Suite A
OIdsmar, Florida 34677
Melody Buell
Advanced Data Solutions, Inc.
141 Scarlet Boulevard, Suite A
Oldsmar, Florida 34677
17. TAXES
County is exempt from payment of Florida State Sales and Use taxes. ADS
shall not be exempted by virtue of the County's exemption from pa.,ving sales tax
to its suppliers for materials used to fulfill its obligations under this contract,
nor is ADS authorized to use the County's Tax Exemption Number in securing
such materials. ADS shall be responsible for any and all taxes, or payments of
withholding, related to services rendered under this agreement,
18. TERMINATION
The County may terminate this Agreement with or without cause. The County
may terminate this Agreement for cause with seven (7) days notice to ADS.
Cause shall constitute a breach of the obligations of ADS to perform the
obligations enumerated under this Agreement. Either of COUNTY and ADS
hereto may terminate this Agreement without cause by giving the other party
sixty (601 days written notice of its intention to do so.
19, GOVERNING LAW, VENUE. INTERPRETATION. COSTS, AND FEES
This Agreement shall be governed by and construed in accordance with the
laws of the State of Florida applicable to Agreements made and to be performed
entirely in the State. In the event that any cause of action or administrative
proceeding is instituted for the enforcement or interpretation of this Agreement,
the County and ADS agree that venue w:i111ie in the appropriate court or before
the appropriate administrative body in Monroe County, Florida.
20. MEDIATION
The County and ADS agree that, in the event of conflicting interpretations of the
terms or a tenn 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. 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,
21. SEVERABILI1Y. H 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 t.~e 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 ADS agree to reform the Agreement to replace any stricken
Contract #101-555-2565A
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provision with a valid provision that comes as close as possible to the intent of
the stricken provision.
22. ATTORNEY'S FEES AND COSTS
COUNTY and ADS 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 and attorney's fees, in appellate proceedings. Each
party agrees to pay its own court costs, investigative, and out-of-pocket
expenses whether it is the prevailing party" or not, through all levels of the court
system.
23, ADJUDICATION OF DISPUTES OR DISAGREEMENTS.
County and ADS agree that all disputes and disagreements shall be attempted
to be resolved by meet and confer sessions between representatives of each of
COUNTY and ADS. If no resolution can be agreed upon within 30 days after the
frrst meet and confer session, the issue or issues shall be discussed at a public
meeting of the Board of County Commissioners. If the issue or issues are still
not resolved to the satisfaction of COUNTY and ADS, then any party shall have
the right to seek such relief or remedy as may be provided by this Agreement or
by Florida law.
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 ADS 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 ADS specifically agree that no party to this
Agreement shall be required to enter into any arbitration proceedings related to
this Agreement.
25. BINDING EFFECT
The terms, covenants, conditions, and provisions of this Agreement shall bind
and inure to the benefit of County and ADS and their respective legal
representatives, successors, and assigns.
26. 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.
27. CLAIMS FOR FEDERAL OR STATE AID
ADS 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.
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28. PRIVILEGES AND IMMUNITIES
All of the privileges and immunities from liability, exemptions from laws,
ordinances, and rules and pensions and relief, disability; workers'
compensation, and other benefits which apply to the activity of officers, agents,
or employees of any public agents or employees of the County, when performing
their respective functions under this Agreement within the territorial limits of
the County shall apply to the same degree and extent to the performance of
such functions and duties of such officers, agents, volunteers~ or employees
outside the territorial limits of the County.
29. LEGAL OBLIGATIONS A.."ND RESPONSIBILITIES
This Agreement is not intended to~ nor shall it be constrUed as, relieving any
participating entity from any obligation or responsibility imposed upon the
entity by law except to the extent of actual and timely performance thereof by
any participating entity. in which case the performance may be offered in
satisfaction of the obligation or responsibility. Further, this Agreement is not
intended to, nor shall it be construed as, authorizing the delegation of the
constitutional or statutory duties of the County, except to the extent permitted
by the Florida constitution, state statute, and case law.
30. NON-RELIANCE BY NON-PARTIES.
No person or entity shall be entitled to rely upon the tenus, or any of them, of
this Agreement to enforce or attempt to enforce any third-party claim or
entitlement to or benefit of any service or program contemplated hereunder,
and the County and the ADS agree that neither the County nor the ADS 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.
31. ATIESTATIONS
ADS 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.
32. NO PERSONAL LIABIUfY
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.
33. EXECUTION IN COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which
shall be regarded as an original, all of which taken together shall constitute one
and the same instrument and any of COUNTY and ADS hereto may execute this
Agreement by singing any such counterpart.
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34. SECTION HEADlNGS
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.
IN ,~rITNESS WHEREOF COUNTY and ADS hereto have executed this
Agreement on the day and date first written above in four (4) counterparts, each
of which shall, without proof or accounting for the other counterparts, be
deemed an original contract.
BOARD OF COUNTY
COMMISSIONERS
OF MONROE COUNTY, FLOIDA
By:
Mayor Charles "Sonny" McCoy
Date:
(SEAL)
Attest: DANNY L. KOLHAGE, CLERK
By:
Deputy Clerk
Date:_
Witn<'(s $I fDr ADS:
4a.E!;;
Signature
Advanced Data Solutions, luc.
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Date: .0/ !i:L
Signatu~ " ..'\ '; ..../
DMe: Lf'" / L ~..() 0
,.
Print Name .. f i...i .J"
Address: PI J Jtil<le r it}Yy
t::hLg..uu , ;Ci-.JilleJ '7
Telephone Number:
MONROE COUNTY ATTORNEY
A ROVED AS TO FO,M:
Contract fj 101 -S5S-2565A
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LOBBYING AND CONfLICT OF INTEREST CLAUSE
SWORN STATEMENT UNDER ORDINANCE NO. 010-1990
MONROE COUNTY, FLORIDA
ETHICS CLAUSE
Guy Robert Buell of Advanced Data Solutions, Inc. warrants that he/it has not employed,
retained
or otherwise had act on his/its behalf any former County officer or employee in violation of
Section 2 of Ordinance No. 10-1990 or any County officer or employee in violation of
Section 3 of Ordinance No. 10-1990. For breach or violation of this provision the County
may, in its discretion, terminate this contract without liability and may also, in its discretion,
deduct from the contract or purchase price, or otherwise recover, the full amount of any fee,
commission, percentage, gift, or consideration paid to the former County officer or employee.
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STATE OF
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COUNTY OF
PERSONALLY APPEARED BEFORE ME, the undersigned authority,
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who, after first being sworn by me, affixed his/her
signature (name of individual signing) in the space provided above on this
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day of
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OMB - MCP FORM #4
Public Entity Crime Statement
"A person of affiliate who has been placed on the convicted vendor list following a
convection 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 a 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 consultant under a contract with any public entity,
and may not transact business with any public entity in excess of the threshold amount
provided in Section 287.017 for CATEGORY TWO for a period of36 months from the
date of being placed on the convicted vendor list."
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~~C!?!!!!~ CERTIFICAT~ OF LI~_BILITY INSURANCE ADV~~A8 I ~"'=;~5
__ I THlSCERnFlCATE lS ISSUED AS A MAlTER OFINFORMATlON
Brown .. Brovn>. :tnatU-"ance - ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
~'7'757 us Highway 19 N. Ste 660 I HOLDER.THISCERTFlCATEOOESNOTAMENO,EXTENDOR
~'.O' Box 2456 ! ALT!fR~_~_O~GEAFF~O-!!Y!~~-POL~~BElOW.-
C1earwateJ:' 1i"1. 33757-2456 I. I
Phone, 727-461-6044 Fax. 727-442-7695 ,INSURERSAFFORDlNGCOveRAGE i NAte.
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Adv-ancK Data Solutions. Inc_
141 Scarlet Blvd.. Ste. A
01dsmar FL 34677
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I )IQnroe County Board of County Camaiallldonera ill _d _a Addi tin_I InllUrad
i with rellpacta to General Liability.
CANCELLA nON
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CERTIFICATE HOLDER
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Monroe cotlIlty Florida
1100 Simonton Street
Gato Building
Kwy Wallt, FL 33040
NQlI:C:E TO"U1:E ~lE HCILDER-..-m TD THe lEf'T. EWl F'~ 1000 SOIHAU.
_POEm) ~'J1OfI1.oR l.I.II2IIUT'I' Of ANV:fGtIDUPOft~ ~R..-iTSAoevrs [1;1
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@ACORD CORPORATION 1988
ACORD 25 (2001/08)