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Item P09 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date April 19, 2006 Bulk Item:~ Yes _No Division: COUNTY ADMINISTRATOR Staff Contact Person: Debbie Frederick AGENDA ITEM WORDING: Approval ofan Agreement with Advanced Data Solutions, Inc., Contract #101-555- 2566A for countywide content management of data including all county servers and platforms, data base management, and all related file management, and for training of county personnel in all related data bases related to Alchemy software, in order to make data bases communicate with each other. ITEM BACKGROUND: On November 16, 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. Advanced Data Solutions, Inc. is a sole source provider of the Alchemy program. PREVIOUS RELEVANT BOCC ACTION: On November 16, 2005 the County entered into a similar Agreement with Advances Data Solutions, Inc. which had to be terminated due to interpretation of payment issues. CONTRACT/AGREEMENT CHANGES This Agreement takes the contract out of the State Contract since the vendor is a sole source provider for Alchemy and allows the County to pay less on a per diem basis. It also clarifies the payment issues. ST AFF RECOMMENDATIONS: Approval TOTAL COST: $183.885.75 COST TO COUNTY: $183,885.75 BUDGETED: YES -2L NO SOURCE OF FUNDS: Ad Valorem REVENUE PRODUCING: YES NO ~AMOUNTPERMONTH_ Year APPROVED BY: County Atty -K- OMB/Purchasing -1L- Risk Management X DIVISION DIRECTOR APPROVAL: Debbie Frederick (Debbie Frederick) DOCUMENT A TION: Included -L Not Required DISPOSITION: AGENDA ltem# ADS Contract #tOI-555-2566A MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Advanced Data Solutions Contract # - 10l-555-2566A 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- 2566A for countywide content management of data including all county servers and platforms, data base management, and all related file management, and for training of county personnel in all related data bases related to Alchemy software, in order to make data bases communicate with each other. 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: $ 183,885.75 Current Year Portion: $ Budgeted? Yes[8J No 0 Account Codes: 001-05004-530340-_-_ 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 O.M.B./Purchasing YesDNoO YesONoD Risk Management County Attorney YesD Comments: 305iX!2351 () MONROE COUNlY ATT 02"O:26pfl' 04122006 3 /12 AGREEMENT BETWEEN MONROE COUNTY AND ADVANCED DATA SOLUfIONS,. INC. FOR COUNTY WIDE DATA BASE MANAGEMENT OJ' FILES, SERVERSr PLATFORMS AND TRAINING OF STAFF (Contract number lOl-S55-2S66A) 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"), 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 SelVices Agreement between Monroe County and Advanced Data Solutions, Inc., contract number 101-555-2566" ("Contract Number lO 1-555-2566"), which was entered into on thel&L day of November, 2005; and WHEREAS, said Contract Number 10 1-555-2566 bas proven to be problematic due to numerous difficulties and ambiguities in interpretation of the tenus, clauses and Exhibits; and WHEREAS, ADS and COUNTY mutually agree to terminate Contract Number 101-555-2566; and WHEREAS, ADS and COUNTY agree to enter into this Agreement for countywide content management of data including all county servers and platforms, data base management, and all related file management, and. training of county personnel in aU related data base related to Alchemy software, in order to make data bases communicate V\>lth each other; and NOW THEREFORE, in consideration of the mutual covenants and provisions contained herein, the COUNTY and ADS agree as follows: That COUJ\1'fY and ADS hereto, for the consideration hereinafter set forth, mutually agree as follow: 1. THE AGREEMENT The Agreement consists of this document and its exhibit only. Any other Agreements between ADS and COUNTY are separate independent agreements and shall be read, interpreted and enforced as separated independent agreements. 2. SCOPE OF THE WORK ADS warrants that it is authorized by law to engage in the perfonnance of the activities herein described, subject to the teons and conditions set forth in this Agreement. ADS shall at all times exercise independent, professional judgment and shall assume professional responsibiIit)'- for the services to be provided. ^" ADS shaH pro"ide countywide content management of data including all county servers and platforms, data base management, and all related file management, Contract tllOI -555-2566A 1 3052923516 MONROE COUNTY An 0250:59pm 04 j 2-2006 4 ;12 and training of county personnel in all related data base related to Alchemy software in order to make data bases communicate with each other. B. ADS shall provide training and data base management services throughout all departments within the County in the Alchemy Server Platform located on the SAN Server. ADS will train at least 2 persons from each office. as requested by the County Administrator, in the use of the Alchemy Application so that each participant will have a full understanding of the uniform methods to correctly input data into the platform. ADS will host training sessions bi-weekly ~ Key West and Marathon alternating locations as necessary_ There will be two levels of training thereby requiring approximately 126 training sessions given the numbers above. Additional sessions may be required with some departments in that there may be staff scanning in 3 locations for some departments w~ere we have Upper Key, Middle Key and Lower Key locations. These additional sessions are included in the scope of work. In addition to the classroom training, ADS personnel will be visiting each department periodically on site to check on the progress of each. Specific additional assistance ",ill be given to each department on an as needed basis, Onsite floor training will include our staff visiting every department in an ongoing basis to check on the progress of their efforts and continually direct and educate all departments as to the proper procedures and methods C. ADS shall provide services using the following standards. as a minimum requiremen~ ADS shall maintain adequate staffing levels to provide the services required under the Agreemen~ ADS personnel shall not be employees of or have any contractual relationship with the County, and all personnel engaged in performing services under this Agreement shall be fully qualified, ~ if required, to be authorized or permitted under State and local law to perform such services, D. This Agreement does not include purchase of hardware or software. 3. PAYMENTS TO ADS A. COUNTY'S performance and obligation to pay under this agreement. is contingent upon annual appropriation by the Board of Comty Commissioners_ B. COUNTY shall pay in accordance \vith the Florida Prompt Payment Act; payment will be made periodically, but no more frequently than monthly, in arrears as hereinafter set forth. C. ADS shall submit all invoices to the County with supporting documentation acceptable to the Clerk based on generally accepted accounting principles and such la\"\''S, rules and regulations as may govern the Clerk's disbursal of funds. D. The pricing for the different types of work shall be as follows: 1) the labor portion shall be paid at the hourly rate of One Hundred Twenty-Nine Dollars and Twelve 121ccnts ($129.12) per person per hour, and 2) the expenses such as travel, per diem, mea1s~ mileage, hoteL or airfare shall be paid according to Fl. Statute 112.321 and according to Chapter 2 Administration, Article XXVI of the Monroe County Ordinances; 3) the total contract amount of this Agreement including all services and expenses is One Hundred Eighty-Three Thousand Eight Hundred Eighty-Five Dollars and 75fcent<; ($183,885.75). COUNTY and ADS recognize that there may be outstanding invoices which should be paid under the previous contract #101-555-2566, and agree that Contract 1*101-555-2566A 2 30:;2;923516 MONROE COUNTY All 025141 p rn 041? 2006 ~~ ; 12 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 remain One Hundred Eighty-Three Thousand Eight Hundred Eighty-Five Dollars and 75/cents ($183 ,885. 75), including any payment on the outstanding invoices. 4. TERM nF AGREEMENT This Agreement commences on the date of the execution by all parties, and ends on the 30th day of September, 2009, unless terminated earlier under paragraph 18 oftbis Agreement or the total compensation has been paid whichever comes first 5. ADS'S ACCEPTANCE OF CONDITIONS ADS has, and shall maintain throughout the term of this AgTeement, appropriate licenses; proof of such licenses and approvals shall be submitted to the County upon request. 6. FINANCIAL RECORDS OF ADS ADS shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Both COUNlY and ADS or their authorized representatives shaH have reasonable and timely access to such records of the other for public records purposes during the term of the Agreement and for four years following tbe termination of this Agreement. If an auditor employed by the County or Clerk detennjnes that monies paid to ADS pursuant to this Agreement were spent for ptl1poses not authorized by this Agreement, 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 COUNTY and. ADS shall allow and permit reasonable access to, and inspection of, aU 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 County and ADS in conjunction with this Agreement; and COlmty shall have the right to unilaterally cancel this Agreement upon violation of tbis provision by ADS. 8. HOLl! HARMl_ESS AND INSlTRAc~CE ADS covenants and agrees to indemnity and hold harmless Monroe County Board of County Commissioners from any and all claims for bodily injury (including death), personal injury, and property damage (including property owned by Monroe County) and any other losses, damages, and expenses (including attorney's fees) which arise out of, in connection \\lith, 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. The extent ofliability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within 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; Contract til01-555.2566A 3 :lOf}2nns 1 6 MONROE COUNTY All 025211 pm 0412-2006 6112 WORKERS COMPENSAHON AND EMPLOYER'S LIABIL TIY INSURANCE. Where applicable, coverage to apply for all employees at a minimum statutory limits as required by Florida Law. COMPREHENSIVE AUTOMOBILE VEHICLE LIABILITY INSURA,"'fCE: 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 Liability. 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 \\lith the company. CERTIFICATES OF INSURANCE. Original Certificates of Insurance shall be provided to the COUNTY at the time of execution of this Agreement and certified. copies pruvided if requested. Each policy certificate shall be endorsed with a provision that not less than thirty (30) 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 offidals, employees, agents and volunteers. 9. NON-WAIVER OF IMMUNITY 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 extent of liability coverage, nor shall any Agreement entered into by the County he required to contain any provision for waiver, 10. INDEPENDENT CONfRACTOR At aU times and for all pmposes under this agreement ADS is an independent contractor and not an employee of the Board of County Commissioners of Monroe County. No statement contained in this agreement shall be construed so as to find ADS or any of his employees, subcontractors, servants, or agents to be employees of tbe Board of County Connnissioners of Monroe County. 11. 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 tcrminates without any further action on the part of any party, effective the date of the court order. Contract # 10 1-55S-2566A 4 3052,fJ23516 MONROE COUNTY An 02:5253 pm. 0412-2006 I :12 County and ADS agree to comply with all Federal and Florida statutes, and allloca1 ordinances, as applicable, relating to nondiscrimination. These include but are not 1 imited to: I) 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 of1972" as amended (20 use ss, 1681- ]683, 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. 610 l- 6] 07) which prohibits discrimination 00 the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92~255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 use 55. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patent records; 8) Title VIII of the Civil Rights Act of 1968 (42 use s. et seq.), as amended, relating to nondiscrimination In the sale, rental or financing of housing; 9) The Americans with Disabilities Act ofl990 (42 use s. 1201 Note), as maybe amended from time to time, relating to nondiscrimination on the basis of disability; 10) Any other nondiscrimination provisions in any Federal or state statutes which may apply to COUNTY and ADS to, or the subject matter of, this Agreement 12. ASSIGNMENTISUBCONTRACT ADS shall not assign or subcontract its obligations under this agreement. except in writing and with the prior written approval of the Board of County Commissioners of Monroe CO\ll1ty, 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 a<;signment or subcontract and any assignee or subcontractor shall comply '\\1th. 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 REOUIREMMENTS In providing all services! good~ 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, roles and regulations shall constitute a material breach of this agreement and shall entitle the Board to tenninate this Agreement immediately upon delivery of written notice oftennination to ADS. ADS shall possess proper licenses to perform work in accordance with these specifications throughout the term of this Agreement_ 14, DISCLOSURE AND CONFLICT OF INTEREST ADS represents that it, its directors, principles and employees, presently have no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required by this Agreement, as provided in Sect Contract # lOl.555.2566A 5 3052923516 MONROE COUNTY An 02.5333 p rn 04-12-2006 8 i12 112311, 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 compensatio~ misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. Upon execution of this Agreement, and thereafter as changes may require, ADS shall notify the County of any financial interest it may have in any and all programs in Monroe County which 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, ADS agrees that the County sball have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or othernise recover, the full amount of such fee, commission, percentage~ gift. or consideration. 15. NO PLEDGE OF CREDIT ADS shan 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 ftrrther warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of this Agreement. 16. NOTICE REOUiREMENT Any notice required or p<.Wlitted 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 fullowing: FOR COUNTY: Monroe County Court Adminis1rdtor and 1100 Simonton Street Key West, FL 33040 County Attorney PO Box 1026 Key West, FL 33040 FOR ADS: Rob Buell and Advanced Data Solutions, Inc. 141 Scarlet Boulevard, Suite A Olsdmar, Florida 34677 Melody Buell Advanced Data Solutions, Inc. 141 Scarlet Boulevard, Suite A Olsdmar, Florida 34677 Contract #10 1-555-2566A 6 :3051'''23516 M ONROF COUNTY ATT 0254.06 pm 0412-2006 9 !12 17. TAXES The County is exempt from payment of Florida State Sales and Use taxes. ADS shall not be exempted by virtue oftbe County's exemption from paying sales tax to its suppliers for materials used to fulfill its obligations wder this Agreement, nor is ADS authorized to use the County's Tax Exemption Number in securing such materials. ADS shall be responsible for any and aU taxes, or payments of withholding. related to services rendered under this agreement. 18. TERMINATION The County may terminate this Agreement with or v.1thout 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 pmty sixty (60) days "..ritten notice of its intention to do so. 19. GOVERNING LA W. VENUE~ INTERPRETATION. COSTS. AND FEE 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 will lie in the appropriate court or befure 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 term of this Agreement by or between any of them the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. 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, SEVERABILITY If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining tenns, covenants, conditions and provisions of this Agreement; shall not be affected thereby; and each remaining te1J!l, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The County and ADS agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. Contract # 101 ~555-2566A 7 305nl23516 MONROE COUNTY All 025441 p.m. 04-122006 1 (j 112 22. ATIORNtY'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 it's own court costs, investigative, and out-of-pocket expenses whether it is 1he 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 first meet and confer session, the issue or issues shall be discussed at a public meeting of the Board of County Commissioners. If the issue or issues are still not resolved to the satisfaction of 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 COUNTY or ADS 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 acti"ities related to the substance of this Agreement or provision of the services under this Agreement. County and ADS specifically agree that Arbitration shall not he entered into under this Agreement. 25. BfNDING 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 COUNTY and ADS represents and warrants to the other that the execution, delivery and performance oftbis Agreement have been duly authorized by aU necessary County and corporate action, as required by law_ 27. CLAIMS FOR FEDERAL OR STATE AID COUNTY and ADS 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. 28. PRNILEGES 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 Contract #101.555-2566A 8 3C'521.i23516 MONROE COUNIY ATl 02:5515 pm 04 12,2006 11 ;12 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. LEG~ OBLIGATIONS AND RESPONSIBILITIES This Agreement is not intended to~ nor shall it be construed as, relieving any participating entity nom 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~RELfANCE BY NON-PARTlES. No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or program contemplated hereWlder, and County and ADS agree that neither County nor 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. AITESTATIONS ADS agrees to execute such documents as County may reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug-Free Workplace Statement. 32. NQ PERSONAL LIABILITY No covenant or agreement contained herein shall be deemed to be a covenant or agreement of auy 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 ofwrnch 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 signing any such counterpart. Contract 4/101 .555.2566A 9 c~(i5?923516 MONROE COUNTY ATT 02.:,5 if p.fF 04-122006 12/12 34. SECTION HEADINGS Section headings have been inserted in this Agreement a~ 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 Agre..."1Ilcnt. IN W1TNESS 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 Agreement. (SEAL) Attest: DANNY L. KOLHAGE, CLERK BOARD OF COlJNTY COMMISSIONERS OF MONROE COUNTY, FLOIDA By: Deputy Clerk DATE: By: Mayor Charles "Sonny" McCoy DATE: Witnesses: Advanced Data Solutions, Inc. ..' /L . "'.. AJ) / -,/ /( l /' -",- .-/; / . /<?" / ;: j.{,...." ,,"c..__...., Siglliuure j / DATE: tllI.IJr!t( ......J!,\1. ":t6_;i~~.....,._3... '._..,. >,r,. ..~. r.'yc>["{., . ,~ -2 JL .\[. I L.A'" A.,f. ._. r Signature DATE'C"f-~j :=1 ~ , ,~/ /1 /f . ,fJ ,/["(j ,fie j/ il. Print Name Address: Sighature { . .,~, f' . iT r'.. / /... Dff\. E' .........1/ if i 1 i ~~/~.,.-',--. \~.(~':? /I'/! JXL..' ~,-- ,-)'fi/S;t~Zd.f ..} ., II ).--...- Telephone Number: MONROE COUNTY ATTORNEY *:ROVEO AS TO FO. RM: ~d"7~( J} ap~ N TJLeENE W. CASSEL ASSISTANT COUNTY ATTORNEY DalEl_ /12-//11:. / Contract #101-S55-2566A 10 Public Entitv 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." LOBBYING AND CONFLICT OF INTEREST CLAUSE SWORN' STATEMENT UNDER ORDINANCE NO. 010-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE Guv 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. 1 O~ 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. ? ./ c~/<' /?~~/'.. ./J /.,.... . // / [ r ,. > ---:..J.if /'.."' .f~...c'.;4. ~..~'.-" '",'~... ....... "..' (signature) Date: 1/ Jr::;,,- , STATE OF 1-\C'L\(}LL COUNTY OF \\\r,,\~, I0l PERSONALLY APPEARED BEFORE ME, the undersigned authority, , -.. \- '~J. '1 \~\1u~ ~lll who, after first being sworn by me, affixed hislher Signa~e (name of individual signing) in the space provided above on this \ 8 \'1<\ day of ~)~ \A_\"'<~-lY , 20.i..&-. \ '\.. _.f \ \.) / \ W~\)J" \1'\ \ \J\\~ NOTARY PUBLIC OMB ~ MCP FORM #4 r-PAMEJ:~:;::.H\ I dr Expira 11I1trJOO1 i' . Bonded llml (eoo)4U~ : F\oIid3 NIJIaIY Atln" foe . ..............,...........~........." 1I11~ ....11-.. I.. ..1;...1 My commission expires: ACORD_ CERTIFICATE OF LIABILITY INSURANCE OP ID D~ DATE (MMIOOJYYY'f) ADVAN16 12/20/05 PROOlJCER THIS CERTIFICATE IS ISSUED AS A MAlTER OF INFORMATION Brown & Brown Insurance ONLY AND CONfERS NO RIGHTS UPON THE CERTIFICATE 17757 US Highway 19 N, Ste 660 HOLDER. THIS CERTifiCATE DOES NOT AMEND. EXTEND OR P.O. Box 2456 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Clearwater FL 33757~2456 PhoneJ727~461-6044 Fax:727-442-7695 INSURERS AFFORDING COVERAGE NAlC # INSUREO INSURER A: Hartfo~4 Ca.~alty In.uranc. Co 29424 jlNSURER B: Auto Owners 18988 Advanced Data Solutions, Inc. INSURER C: HaxtfQrd 'Onderwrit.r. ::rEJ..~ co. 30104 ~-~ 141 Scarlet Blvd., Ste. A INSURER 0: Oldsmar FL 34677 i INSURER E: THE POLICIES OF INSURANCE liSTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WrTH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERT MN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO All THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR NSR~ TYPE OF INSURANCE i POLICY NUMBER ! DATE IMMlDDNY l"8kfll~M1DIDVVl LIMITS ~NERAL LlABILITY I EACH OCCURRENCE $1,000,000 A X ! X COMMERCIAL GENERAL UABIUTY 21SBAlC00961 07/17/051 07/17/06 ~~~S(E~~~~ncel $300,000 I CLAIMS MADE [j] OCCUR MEO EXP (Anyone person) s10,OOO ~ BPLIJ $5,000 PERSONAL & ArN INJURY sl,OOO,OOO >---- GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER; PRODUCTS.COM~OPAGG $2,000,000 h POLICY n j~8i n LOC ~OMOelLE LIABILITY COMBINED SINGlE LIMIT sl,OOO,OOO B lL ANY AUTO 4625922200 02/25/05 02/25/06 . (Ea accldenl) ~ - ALL OWNED AUTOS 800lL Y INJURY SCHEDULED AUTOS (Per person) $ i---- f-..-. HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS (Per accldenl) i---- - ' PROPERTY DAMAGE S I (Per accident) GARAGE LIABILITY )'1 .s.ec~L~ AUTO ONLY. EA ACCIDENT S =1 ANY AUTO OTHER THAN EA ACC $ IA-.=i..7,(Y::; AUTO ONLY: AGG $ EXCESSlUMBRELI.A LIABILITY '{. EACH OCCURRENCE S ~ OCCUR D CLAIMS MADE 010< 1 1 AGGREGATE $ ;:,2.--- s ==1 OEDUCTIBLE ((:''[ i s RETENTION $ S , WORKERS COMPENSATION AND CtL)Q( V1-tt....r1 X I TORY LIMITS I IU~~.! EMPLOYERS' UABlLITY C ANY PROPRIETORIPARTHER'EXECUTI\IE 2lWBCGA3 77 4 02/21 05 02/21/06 E.L. EACH ACCIDENT s100,OOO OFFICERiMEMBER exCLUDED? E.L. DISEASe - EA EMPLOYEE $100,000 ~~rc:~~~V~~~NS below E.L. OlSEAse - POLICY LIMIT $500,000 OTHER DESCRIPTION OF OPERATIONS J LOCATIONS I VEHICLES J EXCLUSIONS ADDED BY ENDORSEMENT J SPECIAl. PROVISIONS This certificate voids & supercedes the certificate dated 11/29/05. Monroe County Board of County Commissioners is named as Additinal Insured with respects to General Liability. I CERTIFICATE HOLDER COVERAGES Monroe County Florida 1100 Simonton Street Gato Building Key West, FL 33040 CANCELLATION MONRO _ 3 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAlL ~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO 00 SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, rTS AGENTS OR REPRESENTATIVES. AU EDREPRESENTATIV~ . @ACORDCORPORATION 1988 ACORD 25 (2001/08)