Item L1
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: November 18. 2009
Division: Growth Management
Bulk Item: Yes.-L No
Department:
Staff Contact: Susan Grimsley Ext 2519
AGENDA ITEM WORDING:
Approval of Amendment No. 4 extending the existing contract with Advanced Data Solutions (ADS)
for continued scanning, indexing and imaging of Growth Management files and asking for direction to
staff to go out for a Request for Proposals (RFP) for these services.
ITEM BACKGROUND:
ADS have been successfully scanning, indexing and imaging Growth Management files since 1999; the
most recent contract was entered into April 19, 2006. The contract expired on September 20,2009 and
needs to be extended and the contract amount increased by $50,000.00. This increase would allow
scanning services for an additional year. ADS has consistently provided excellent service to the
Building Department and the rates will not increase. The Division will go out for an RFP this year for
these services.
PREVIOUS RELEVANT BOCC ACTION:
April 19, 2006 - Contract approved by BOCe
June 27, 2007 - Amendment # 1 Approved by BOeC
November 14,2007- Amendment #2 Approved by Boec
October 15,2008 - Amendment #3 Approved by Boec
CONTRACT/AGREEMENT CHANGES: Increases the amount by $50,000.00 and extends it for
one year.
STAFF RECOMMENDATIONS: Approval
TOTAL COST:$50.000.00 (This Amendment) INDIRECT COST: _ BUDGETED:Yes X No_
DIFFERENTIAL OF LOCAL PREFERENCE:
COST TO COUNTY:
$50.000.00
SOURCE OF FUNDS: 180-52502-530340
REVENUE PRODUCING: Yes
No X
AMOUNTPERMONTH_ Year
APPROVED BY: eounty Atty ~ OMB/Purchasing ~
Risk Management X
DOCUMENTATION:
Included X
Not Required_
DISPOSITION:
AGENDA ITEM #
Revised 07/09
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARy
Contract with: ADS Contract #_
Effective Date:
Expiration Date: 09/30/2010
Contract Purpose/Description:
4th Amendment to Contract for continued scanning, indexing and imaging of Growth
Mana~ement Files
Contract Manager: Joe Paskalik. 2574 Building Stop # 11
(Name) (Ext.) (Department/Stop #)
for BOCC meeting on 11/18/2009 Agenda Deadline: 11/03/09
CONTRACT COSTS
Total Dollar Value of Contract: $ 231,851
Budgeted? Yes[gJ No D Account Codes:
Grant: $
County Match: $
Current Year Portion: $ 50,000.00
180.52502-530-340._
- - - -
-----
- ~ . -
-----
ADDITIONAL COSTS
Estimated Ongoing Costs: $~yr For:
(Not included in dollar value above) (e~. maintenance, util ities, j anitonal, salaries, ete:)
- - - -
-----
CONTRACT REVIEW
Changes
Date In Needed
Di vision Director 1.I..:J.:....u9 YesD N 0[gJ
Date Out
Risk Mana~met-
~ ~~
O.~~B.lPurch~mg
~
#
County Attorney
/l~ '1.-07
YesDNo
YesDNog~,
Conunents:
OMS Form Revised 2127/01 MCP #2
AMENDMENT NUMBER 4 EXTENDING EXISTING CONTRACT FOR SERVICES
BETWEEN
MONROE COUNTY AND ADVANCED DATA SOLUTIONS. INC.
TIllS FOURTH AMENDMENT TO EXISTING CONTRACT is entered into this day of ,
2009 by MONROE COUNTY, a political subdivision of the state of Florida, whose address is 1100 Simonton
Street, Key West, Florida 33040 ( BOCC or COUNTY), and Advanced Data Solutions, Inc.,(ADS) a Florida
corporation, 141 Scarlet Boulevard, Suite A, Olsdmar, Florida 34677 .
WHEREAS, the parties entered into a contract dated April 19, 2006 which has been extended by Amendment
No.1 on June 20, 2007, by Amendment No.2 on November 14, 2007 which changed the scope of work and
extended the contract to October 31, 2008 and by Amendment No.3 on October 15, 2008 which extended the
contract to September 30, 2009.
WHEREAS, the parties recognize that the services being perfonned are ongoing;
NOW, THEREFORE, the parties agree as follows:
1. The contract dated April 19, 2006 is extended retroactively from October 1,2009 for a period of twelve
(12) months, expiring on September 30,2010.
2. This Fourth Amendment provides for the payment of services on a cumulative basis under all the
amendments, regardless of the date of service. Compensation to ADS under this Contract Renewal shall be for an
amount up to an additional Fifty Thousand Dollars ($50,000.00) so that the total amount available for funding
under the contract pursuant to the tenns of the Second, Third and Fourth Amendments is Two Hundred Thirty
One Thousand Eight Hundred Fifty One and 59/00 Dollars ($231,851.59).
3. This Contract Renewal is intended only to extend the tenn and increase the dollar value of the contract,
and in all other respects, the contract for scanning, indexing and imaging of the Building Deparbnent pennits and
blueprints, between Monroe County and ADS dated April 19tb, 2006 remains in full force and effect.
IN WITNESS WHEREOF, each party hereto has caused this Third Renewal and Amendment to be executed by
its duly authorized representative.
(SEAL)
Attest: DANNY L. KOLHAGE, CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
By
Deputy Clerk
Mayor George Neugent
ADV ANCED DATA SOLUTIONS
By
By
Witness to Melody S. Buell
Melody S. Buell, President
Print Name:
Date
ACORD.. CERTIFICATE OF LIABILITY INSURANCE OP IDct I ..n -'"'YYl
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CERTIFICATE HOLDER
CANCELLATION
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# IOI-555-2493A
THIRD RENEW At AND AMENDMENT OF CONTRACT FOR SERVICES BETWEEN
MONROE COUNTY AND ADVANCED DATA SOLUTIONS. INC.
THIS THIRD RENEW At AND AMENDMENT OF CONTRACT is entered into this J gJ:L day of IJJ.
2008 by MONROE COUNTY. a political subdivision of the state of Florida. whose address is 1100 Simonton
Street, Key West. Florida 33040 ( BOCC or COUNTY). and Advanced Data Solutions. Inc.,(ADS) a Florida
corporation, 141 Scarlet Boulevard, Suite A, Olsdmar, Florida 34677 .
WHEREAS, Section 4 of the contract entered into between the parties on April 19. 2006 provides for three (3)
renewals of one (l) year each; and
WHEREAS, the parties have renewed the contract and amended the compensation on June 20, 2007 and in
addition, the scope of work, on November 14, 2007; and
WHEREAS, the parties recognize that the services being performed are ongoing;
NOW, THEREFORE. the parties agree as follows:
I. The contract dated April 19,2006 is extended and renewed for a period of eleven (II) months, expiring on
September 30.2009.
2. This Third Amendment provides for the payment of services on a cumulative basis under the Second and
Third Amendment, regardless of the date of service. Compensation to ADS under this Contract Renewal shall be
for an amount up to an additional Sixty-three Thousand Seven Hundred Eighty and 00/00 Dollars ($63,780.00)
added to the amount in the Second Renewal and Extension dated November 14, 2007 so that the total amount
available for funding under the contract pursuant to the terms of the Second and Third Amendment is One
Hundred Eighty One Thousand Eight Hundred Fifty One and 59/00 Dollars ($181,851.59).
3. This Contract Renewal is intended only to extend the tenn and increase the dollar value of the contract.
and in all other respects, the contract for scanning, indexing and imaging of the Building Department permits and
blueprints. between Monroe County and ADS dated April 19"', 2006 remains in full force and effect.
IN WITNESS WHEREOF. each party hereto has caused this Third Renewal and Amendment to be executed by
its duly authorized representative.
(SEAL)
Attest: DANNY L. KOLHAGE, CLERK
By ~Q. ~
Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE CO.UNIT ~R[DA
By ~~Ih j
Mayor Mario Di Germaro
By
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Witness to Rob Buell ,
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ADVANCED DATA SOLUTIONS
By
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Rob Buell.
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Print Name:
Date
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.
SECOND AMENDMENT AND EXTENSION
OF AGREEMENT BETWEEN MONROE COUNTY
AND ADVANCED DATA SOLUTIONS. INC.
FOR SCANNING. INDEXING
AND IMAGING OF BUILDING DEPARTMENT FILES
(Contract Number # 10 1-555.2493A)
This Extension and Second Amendment is made and entered into this / V~y
of November 2007. to the AGREEMENT dated 19th day of APRIL. 2006, also known as
Contract # 101.555-2493A. 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 346n ('.ADS").
WHEREAS. ADS and COUNTY entered into an Agreement for scanning and
indexing and imaging of the Building Department pennits and Blueprints using Alchemy
software and known as contract #101-555-2493A ("Contract 2493A"); and
WHEREAS. the Agreement contains the option of renewal for three additional
one year periods, and
WHEREAS, the parties wish to exercise the option to renew the contract for
another year; and
. WHEREAs. the parties agree to amend the Agreement to include all ofth.
Growth Management Department in the contract; and
..~
WHEREAS, the parties agree that along with this extension of time additional
funding will be needed, and
WHEREAS, the parties have entered into another Agreement, known as contract
# 101-555-2565A ('.contract 2565A"); this contract is no longer in use and is being
tenninated. Contract 2565A contained a not to exceed amount in the contract aU of those
funds have not been expended; and
WHEREAS, the parties agree that the remaining funds in contract 2565A should
be transferred to this contract 2493A, where they can be put to a better use for the
COUNTY.
NOW THEREFORE. in consideration of the mutual covenants and provisions
contained herein, the COUNTY and ADS agree as follows:
I. The Agreement kno",n as contract 2493A shall be extended for an additional
one year tenn until October 31, 2008.
Page I of2
.
SECOlm AMBlrDIIEBT
AND EXTENSION
2. The parties agree that any remaining funds being held under contract 2565A
shall be transferred to contract 2493A to be used for scanning, indexing and imaging of
Growth Management Division files.
3. At the present time there $1 J8,071.59 remains unused in contract 2565A, all
of which shaU be transferred to this contract 2493A. The parties agree that this amount
shaU be used to pay for invoices received under this Agreement retroactive to April 19,
2006, in order to capture any unpaid invoices.
4. The parties further agree that the first paragraph of the scope of work shall be
amended to read as foUows:
"ADS shall provide document scanning services for the Growth Management Division of
the County; this job includes scanni~g, indexing, imaging of files and blueprints. This
contract does not provide for the purchase of software"
5. The remaining tenns of the Agreement, not inconsistent herewith, shaJl remain in full
force and effect.
t:A
\iJ/I
IN WITNESS WHEREOF, the parties hereto have been executed this extension as of the
date first written above.
Attest: J h
Danny L. Ko)llage, Clerk
By:~alu Q. c.. ~.g1~
,
Deputy Clerk
Date: I I-I "1 -0,
Board of County Commissioners
Of Monr ounty
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Print Name
Address: 3t'/,,1t/ Zi"" h"1 Ed
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DATE: /I /c/ /1;7
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Print 'Name /..// s". hI A/"J ;'~-"
Address: '1-411 ~~ ~.J ,.s...- ( ..~ ::'
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DATE: ///~/h"j
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AGREEMENT TO TERMINATE AGREEMENT #IOl-SSS-2S6SA
BETWEEN
MONROE COUNTY AND ADVANCED DATA SOLUTIONS, INC.
AND TO TRANSFER REMAINING BUDGETED FUNDS
TO AGREEMENT #lOl-SSS-2493A
This Agreement to Terminate contract #101-S55-2565A. a contract for IT
Consulting Survey .t)lJ.~ IT design, and to transfer remaining budgeted funds is made and
entered into this ~-aay of November 2007, 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. OJdsmar, Florida 34677
("ADS").
WHEREAS. ADS and COUNTY entered into an Agreement for IT Consulting,
Survey, and IT Design, known as contract number 101-555-256SA e'contract 256SAU)
on April 19,2006, as part of the Sterling Project; and
WHEREAS, the parties agree that the this contract should be tenninated, and
WHEREAS, ADS and COUNTY entered into a separate Agreement for scanning.
indexing and imaging ofBuUding Department files on April 19,2006, known as contract
#101-55S-2493A ("contract 2493AU); and
WHEREAS, the parties have agreed that the funds budgeted under contract
2565A for IT Consulting, Survey and IT design wi]] be better used by the Growth
Management Division for sCarming, indexing and imaging.
NOW THEREFORE, in consideration of the mutual covenants and provisions
contained herein, the COUNTY and ADS agree as fo]]ows:
I. The parties agree that contract 2565A for IT Consulting Survey and IT design
shaH be tenninated upon execution by all parties of this agreement to terminate.
2. The parties further agree that any remaining funds being held under contract
2565A shall be transferred to contract 2493A to be used for scanning, indexing and
imaging of Growth Management Division files.
3. At the present time there is $118,071.59 remaining in contract 2565A, which
shall be transferred to contract 2493A.
Page I of2
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AGREEMENT TO TERMINA TE
A:"4D TO TRANSFER Fl~NDS
IN WITNESS WHEREOF, the parties hereto have been executed this agreement
to tenninate and transfer funds as of the date first written above.
Attest: ( h
Danny L. KoMage, Clerk
Board of County Commissioners
Of Mom unty
By:
Ch.Q.( le \ I- ,,~" /'neeDY
Date: II -I 'i - " i
By'
Date:
Witness to ADS:
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Signature
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Print Name
Address: 3(1(/~ ~nv-~.~ o'T:Jd
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DATE: }....'[v. ~ ...J.Cl.'?
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Signature
Print Name
Address: 9'0" ,..~~,;,~f IJ~.". If .
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DATE: "IIII/~~
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1, :~:' .A ':.\ MY COMMISSION' DO 463200
il~:n-~j eXPIRES: Augusr t7 2009
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1# 101-5S5-2493A
-lIi:.T .~"'.1V.6.L., C." ACT D. SEa\ll_S .E"'~
MONROE COUNTY AND ADVANCED DATA SOLUTJ;ON8. INC.
d,..l JJ
nus CONTRACI' RENEWAL is entered into this dO....... day of IJa4..,.t- .2007 by MONROE
?
COUNTY, a political subdivision of the state of Florida. whose address is 1100 Simonton Street, Key West.
Florida 33040 ( BOCC or COUN1Yl. and Advanced Data Solutions, Inc.. a Florida corporation, 141 Scarlet
Boulevard, Suite A. Oldsmar, Florida 34677 (CONTRACTOR).
WHEREAS, Section 4 of the CODtract entered Into between the parties on April 19, 2006 provides for three (3)
renewals of one (I) year each~ and
WHEREAS. the parties desire to enter into this renewal; and
WHEREAS. the parties recognize that the amount of work necessary under the coDtrad: has increased and that
payment should be increased;
NOW, THEREFORE. the parties agree as follows:
I. The contract is extended and renewed for a period of one year. retroactive to October~ 2~, ~n
:;.z: )> -' -
September 30. 2007. ;:7;1 ~ ~ ~
2. Compensation to ADS under this Contract Renewal sball be for an amount up ~~ FIijy
On- en C)
Thousand Dollars and 00/100 cents ($50,000.00). S:?:. . :;;0
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3. This Cotrtract Renewal is intended only to extend the term and dollar value of th~=ihI ig11
ocher respects, the contract for scanning, indexing and imaging of the Building 0eJim' ~ts ~
blueprints. between Monroe County and ADS dated April I glb. 2006 ranains in fuU force and effect. CD
IN..-~~REOF, each party hereto has caused the Agreement to be executed by its duly authorized
. r...... --;........ ~ ,
"'Pres~e;o..,:. , :
~~ . ~
(SEAL} \ .
Attest: DANNY L. .f(OlHAGE. CLERK
G.. ~--4
Deputy Clerk
JUN 2 0 2007
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY. FLORIDA
By ~AJ-~
Date:
Date;
Mayor Mario Di Gamaro
JUN 2 0 200-
Rob Buell, Vice-President Advanced Data Solutions, Inc.
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Witness to Rob Buell
By ~~- /.;~~
Signature
m AY,e It -f-c:.-'3L n' S
Print Witness Name
By
Signature
Date: Cr,/1.. '1/07
Date:
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. MONRO~ COUNTY ^ TT
10 33 26 a m 04 1 2- 20011
AGItEDIENT BETWEEN MONROE COVNI'Y
AND ADVANCED DATA SOLUTIONS, INC.
fOR SCANNING, INDEXING
AND IMAGING 0' BUILDING DEPARTMENT F1LES
(Contr8ct Number fl.IOl-5SS.2493A)
TIllS AGREEMENT made aud entered iDto ibis J ,.dtday of APRIL, 2006, by and
between MONROE COUNTY, a political subdivision of tile State of Florida ("COUNTY"),
whose address is 1100 SimoDtCm Swct, Key West, Florida 33040 md Advanced Data Solutions,
Ine. a Florida Corporation, whose address is 141 Scarlet Boulevard, Suite A, Oldsmar, Florida
346n ("ADS").
WHEREAS, ADS and COUNlY entered into a prmous apeement ida1tified as
"Professional Servkos Agreement between Momoe County and Advanced Data Solutions, Inc.,
contnIct nmnbel' 101-555-2493" ("Contract Number 101-555-2493">, which was entered into on
thelS" day of June, 2005; BOd
WHEREAS, said CODlnIct Number 101-555-2493_ proveD to be problematic due to
~ difficulties lIDCi unbiguities ia inbpil:1bdio.n oftbe tams, clauses and Exhibits; and
WHEREAS, ADS aDd COUNTY mutually agree to terminate Contract Number 101-555-
2493; and
WHEREAS, ADS aDd COUNTY agree to eater into this Agreema1t for ~nni~ and
indexing and imaging of1be Building DepartmaJt pe.uUt, and BIuepriDts using Alchemy
software; aDd
NOW THEREFORE. in consideration of the mutual coven&Dts aDd provisions contained
hereiu, the COUN1Y and ADS agRe U foRows: 1bat COUNTY and ADS ~ for 1be
consideration bereina.tb set forth, mutually agree as follow:
1. THE AGREEMENT
The Agreement consists of this dOCUlDtJDt and its exhibit only. Any other Agreements between
ADS and COUNTY are !CpIiate independem agreemeats and shall be read, interpfeted and
mforced as separated independent agreements.
2. SCOPE OF THE WORK
ADS shaD provide document ~nni. services for BuiJdiDg ~ of the County; this job
includes SCAnning, irWM11g. imagiDg of files and blueprints. This coJJlract does not provide for
the purcbase of software.
ADS warrants that it is authorized by law to engage in the performance of the activities and is
herein described.. subject to the tenDS 8Dd conditions set foJth in this Agreement. ADS shall 81
all times exercise ~~ professicmal juclplent aad sbIII1 assume professioual
respousibility fur the services to be provided. ADS 3baIl provide sc:rvices using the following
standards, as a minimum requiJem.ent
Contract'lOl-5SS-2493A
1
2 :10
305~f"'3S1 ij
MONROE COUNT'Y ATT
1 0 33 58 a IT M 12- 2006
:1;1(1
A. ADS sbaIJ maintain adequate staffing levels to provide the services required under
the Agreement.
B. The ADS persoaneI sbaU not be employees of or have any contractual relationship
with the County.
C. All persmmel engaged in perfodning services UDder1bis Agreement shall be fuRy
qualified, and, if ~ to be authorized or permitted under State and local law to perform
such services.
3. PAYMENTS TO ADS
A. COUNTY'S perfonnance and obliption to pay UDder this agreemc:nt. is contiogent
upon annual appropriation by the Bosrd of CouI1ty Commissioners.
B. ADS shall submit to the County an invoice with supporting dooumr.l'ltation
acceptable to the Clerk bued on genemUy accepted ICCOUDting prlDcipIea aDd such laws, JUles
and regulations as may yovem the Clerk's d.isbunaJ of funds. The COUNTY shall pay ADS in
accordance with the Florida Prompt Paymstt Aet.
C. The priciDg for 1bis service is attad1cd heroto IS Exln1nt A Total compematiOD to
ADS under this agreement shall not exceed Twenty-Bight ThoUJ8Dd One Hundred and Fifty-
Eight Dollars and 19/cents ($28,158.19). COUNTY and ADS recognize 1bat tbete &Ie
outstand.ins invoices whieh should be peid under the previous couhaCt, and agree that these sball
be submitted to the County Attomey wi1b back-up "ut'I~on for review and shall, where
appropriate. be peid UDder this Apeemeot: hoMver, the toGJ contract amount sba1l remain
Twenty-Eight Thousaod ODe HUDdred SlId Fi1ly-Eight Dollars and 19/<:cnts ($28,1$8.19),
indnding any payment on the ou!staDdiD& invoices.
D. No expenses sucla as travel, per diem, meals, mileage, hotel, or air&re shall be paid
under this contract. The only permissible paymeats are lilt out as BXlDBIT A
4. TERM OF AGRP.RMFNT
The term of this Agreement commences on the date of execution of1he Agreement and ends on
tile 30111 day of September, 2006, lIDless tmnillllted earlier under paragraph 18 oftbis Agreement
or the total COOlpeosatioD has been paid wbid1ever comes tint. The County sbaU have the option
of renewing this agRement for 1bree (3) additiODll ODe (1) year periods.. which shaI1 be exercised
by giving written notice of said reuewal10 ADS at least thirty (30) days prior to 1he termiaation
date.
S. ADStS ACCEPTANCE OF CONDITIONS
ADS shall maintain throughout the term of tllis Agreement. appropriate licenses. Proof of such
licenses and approvals shall be submitted to the CollDty upon request.
6. FINANCIAL RECORDS OF ADS
ADS shall maintain all ~ recoJds, and documents directly patineot to performance under
this Agreement in ~ with genenIIy accepted accountiDs principles consistently applied..
Both COUNTY aod ADS or tbeir autborized r~...ac~ltati~es shall have reasonable and timely
access to such records ofbt other tOr public ~ purposes dmiDs the term oftbe Agreement
and for four years following the termination of this Agreemeat. H an audi10r employed by the
County or Clerk detennines 1hat monies paid to ADS pursuant to 1bis Agn::ement were spent for
Contract flOl.555-2493A
2
3li52"ns.16
. MONROE COUNTY ATT
103435 a IT' 04.12 2006
~ ':10
puIp0geS not authorized by this Agreement, ADS shall repay the monies together with interest
calculated pursuant to Sec. SS .03, PS, nmning fiom the date the monies were paid to ADS.
7. PUBLIC ACCESS
COUNTY aod ADS shall allow and pennit reasonable access to, and inspection ot: an
documents, papers, letters or other IDIIterials in its possession or UDder its control subject to the
provisions of CbaptcI- 119. Florida Statu.te8, and made or received by County and ADS in
CODjunctioo with this AgIeemeDt; BOd County sIaall bue the right to UDiJatemJly cancel this
Agreement upoIl violation ofdmJ provision by ADS.
8. HOlD HARMI.P.~S AND INSURANCE
The ADS coveJI8DtS and agrees to i1wIemnify aDd bold harmless MCI:DOO County Board of
County QmunissiollClS from any BOd all claims for bodily iDjury f1DCludiag death), personal
injury, and property damage fmcludias property owned by Moaroe County) 8Dd any other
losses, damages, 8Dd expenses (incllJdioa attomey's fees) which arise out of, in coDDeCtion with,
or by reason of services provided by ADS occasioned by the oegIigmce. ~ or other
wrongful act of omission of ADS, its employees. or agents.
The extent of liability is in no way UmitM to, reduced, or lessened by the insurance requirements
contained elsewhere wi1bin this ~t
Prior to execution of this agreement, ADS shall tbmish the COUNTY Certificates of Insurance
indicating the minimum covenge limitatious in tbo following amounIs:
WORKERS COMPENSATION AND EMPLOYER'S LIABIL TlY INSURANCE.
Where app1icable, coverap to apply for aU employees at a minimum statutory limits as
required by Florida Law.
COMPREHENSIVE AUTOMOBIT.E VElDCIE UABIUfY INSURANCE:
Motor vehicle liability insurance, including applicable DO-fsult coverage, with limits of
liability of DOt less tb80 S 1,o00,ooo.00 per occurreoce, combined single limit for Bodily
Injury Liability and Property Damaae Liability. Covrnge sIudl include all 0WDed
vebicles, aD DOD~ vehicles. &lid all hired vehicles.
COMMERCIAL GENERAL LIABILITY. Commercial genaalliability coverage with
limits of liability of not less than 51,000,000.00 per occwreoce combined single limit for
Bodily Injury Uability and Propedy Damase Liability.
PROFESSIONAL UABIUTY. ADS sbaIl furnish professioaaIliabiIity erron and
omissions insurance <:overage in an amount DOt leas tZ&l $1,000,000.00, which covers its
employees in executive and or m.~ positiODS with the company.
CERTIFICATES OF INSURANCE. OrigiDal Certificates of.lDsunmce sball be provided
to the COUNTY at the time of execution of 1his Agreement and certified copies provided
if requested. Each policy eertifiad:e sbaIl be eodorsed with . proWsiOll that DOt less than
Contract '101-55~2493A
3
.
3GS2923f>16
MOf\,ROI COUNTY ArT
1035 10 II m 04-12-2006
~ ,1 (I
thirty (30) calendar days' written notice sbaJl be provided to tbc County before any policy
or coverage is canceJed or restricted. 'I'be underwriter of sucb iDsunmc:e sbaU be qualified
to do business in dle S1ate of Florida. If Jequested by the County Administrator, the
insurance coverage shaD be primary i.osumlce with respect to the County, its officials.
employees, ageo1B and volunteers.
9. NON-WAlVEROF1MMUNI1Y
NotwitbstaDding the provisions at Sec. 286.28, Florida Statutes, the plIl'tiCipatiOD of County and
ADS in this Apeemcmt and the acquisition ofany ~ liability insmance coverage" self-
iDsurance covemge, or local goYeJ'JllDellt liability insurrmce pool coverage sball not be deemed a
waiver of immUDity to 1bc extent of liability cover8l8, nor sball 88Y Agreement entered into by
the County be required to CCI1tain any provision for waiver.
10. INDEPENDENT CONTRACTOR
At all times and for an purposes 1B1der this apemeIlt ADS is an iDdependart CODtI8CtOr and not
an employee of the BoaId DC County CommissioDen of Monroe County. No statemeDt CODtained
in this agreement shall be construed so as to fiDel ADS or Ill)' ofhis employ. ~tors,
servants, or agents to be employees oftbe Board of County CommissioDers of Monroe County.
11. NONDISCRIMINATION
County BDd ADS ape that there will be no discrimination against any ~ and it is
expressly UDderstood that upon a determiDdion by a court of competel't jurisdictioo tbat
discrimination bas occurred; this~ automsticaDy term;~ without aoy further
action DD the part of any party, effective the date of1be court orda'.
County and ADS agJee to comply with aU Federal aDd Florida at.llt"" aod all local
~ as applicable, relating to DODdiscrimination. These inchLde but are not
limited to: 1) Tide VI oftbe Civil Ripts Act of 1964 (pL 8~352) which prohibits
discrlminatioo on 1he basis of race, color or national ori∈ 2) Title IX oftbe Education
A~men1 of 1972, as amended (20 use ss. 1681- 1683, and 168S-168cS), which
probibits discrimioation on the basis of sex; 3) Section S04 of1l1e .Rehabilitation Act of
1973, as amended (20 use s. 794~ whicb prohibhs discrimioItion DB die basis of
handicaps; 4) The Aae Discrimination Act of 1975, IS ameaded (42 use ss. 6101- 6107)
which prohibits discriminIItioD on the bmris of lip; S) ,. Drua Abuae Office IUd
Treatment Act of 1972 (PL 92-2S5), 18 amend~ rellding to uondi~minAtjOD. on
the basis of drug abuse; 6) The Comprebeosive Alcohol Abuse 8Dd Alcoholilm
Prevention, Treltment aDd R.ebabilltation Act of 1970 (PL 91--616), as amended, relatins
to nondiscriminalion 0Il1be basis of alcohol abuse or alcoholism; 7) The Public Heal1h
Service Act of 1912, IS. 523 m:ad 527 (42 USC 58. 69Odd-3 BDd 29Oee-3), as amended,
relating to CODfidentiality of aIcahoISDd dru& abuse pIIteDt JeCuLds, I) TItle vm oCtile
Civil Rip Act of] 968 (42 use s. et seq.), IS ameoded, Jdating to noudiscrimination
in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of
] 990 (42 use s. 1201 Note), as maybe amef1ded from time to time, relatina to
nondiscrimination on the basis of disability; to) Any other DODdiscrimiDation provisions
in my Federal or Sbde statutes which may apply to COUNTY and ADS to, or the subject
rnatkl' of, this Atpanenl.
Contract #IOl.555-2493A
4
3c)5~923S1 fl
. ~()NRClE COUNTY ATT
103550am 04-12-1006
f ,1()
12. ASSIGNMENTlSUBCONTRACl'
ADS shaD not assign or subcootract its ObliptiODB under this 1IIJCCDlCDt, except in writing and.
with the prior written appnml of the Board of County Cnmmi-ioncrs oC Monroe County, which
approval sbaIl be subject to such conditions and provisioDs as the 80Brd may deem necessary.
This paragaaph shall be iDlmporated by refereute iDto lIDY assJpment or subcootract and any
assignee or suIx:ontractor sbaII comply with aD of the provisiODl of Ibis asreement Unless
expressly provided for ~ such approval ab8Il in DO mRIlTV!r or evc:Dt be deemed to impose
any additional obliption upoCl the boud.
13. COMPLIANCE WITII LAW AND LICENSE REOUIREMMENTS
In providing aU serviceslgoods punuant to dJis ~ ADS shall abide by all ~
ordin~ rules and qalatioDs perI8in.ias to~ or IegUIatiag the provisions of: such services,
including those now in efIbct 8Dd hCRioafter adopted. Any viokdion of Slid ~ ordinances,
rules and regulations sbalI constitute a material bftIach ofdds ~ 8Dd shall entitle tile
Board to terminate this Asreement im"'llClifItP.ly upon delivery ofwri1teD notice of termination to
ADS. ADS sball poaess proper Ikemes to pcri'mm work in accordaoce widt these
specifialtioos throughout the term oftbis ~ent,
14. J>lSCLOSURE AND CONFLICT OF INTEREST
ADS .tepreBCDtS dw it, its directon, principles and. employees, pracntly have no iDteIest and
sball acquire no interest, either direet or ~ wbicll would CODf1ict in any IDIIIUleI' with the
perf01'lD8DCe of services requimJ by this Apemout, as provided in Sect. 112.311, et. seq.,
Florida S18tUteS. COUDty agrees thai officers aDd employees of the County recos;ni.ze and will be
required to comply with 1he sfBDdards of conduct for public officers SlId employees as delineated
in Section 112.313, Florida ~~ regantin& but DOt limited to, solicitation. or acceptance of
gifts; doing business with ODe'S apDCY; unauthorized oompc:Dlldion; misuse of public position,
coD.flictiD& employmcm or contractual relationship; aDd disclosure or use of certain information.
Upon executioo of this Agreement, aDd theIeaftao as cb8nges may require, ADS sbaJl notify the
County of any financial intc:test it may have in my aDd all programs in Monroe County which
ADS spoDS01S., eDdones, JeCOITInH'!IUtg, supervises, or RqUires for counsel~ usistance.,
evaluation, or treatment. This provision shall apply whet:ta or DOt such progtuIn is required by
~ as a condition of probldon, or is provided on a volumary basis.
County aDd ADS wammt that, in respect to itscl( it bas neither employed nor reta;.-f 8DY
company or person, other than a bona fide employee workina solely for it, to solicit or secure
this Agreement 8Dd that it has DOt pUd or sareed to pay my pcnoa, company, corpontiou,
individual, or fum, other than a boaa fide employee wodciDa solely for it, any fee, commission,
pereentage, gift, or other amsidemtiOl1 coDliDaeDt upoo or fWIIlJri"l &om the awant or rnalnl'lg of
this Agrec:mcnt. For the breach or violation of the provision, ADS ~ that the County shall
have the riJbt to tcIminite this Aareemart without liability and, III its discreCioo, to offset from
Contract: '101~555-2493A
5
3(l52923~t&
, MONROE COUNTY A TT
1036 29.. m 0412.2006
7 ;, 0
monies owed. or otherwise recover. the full amouot of such ~ commission, percentage, git\ or
consideratiOlL
15. NO PLEDGE OF CREDIT
ADS shall not pledge che County's credit or mab it a guarantor ofpayment or surety for any
contl8Ct, debt. obliption, jndament, lien. or any fonD of indebtedDr:ss. ADS fintbmo warrants
aod representS that it has no obliption or iDdebcecI.mss that would impair its ability en fulfill the
terms oflbis Aw:eemenL
16. NOTICE REOUIREMENT
Any notice requited or peau.itted under this agreement shaU be in writins and band deHvered or
mailed, post8&e prepaid. to the other party by certified mail, retumed RCeipt requested, to the
following:
FOR COUN1Y:
Monroe County Court Administndor and
1 100 Simonton S1reet
Key West, FL 33040
County Aucmey
PO Box 1026
Key West, FL 33040
FOR ADS:
Rob Buell
Advanced Da1a SoIutiom, .lac.
141 Scarlet Boulevard, Suite A
Olsdmar, Florida 346'n
and
Melody Buell
AdvImced Data Solutions, IDe.
141 Scarlet Boulevard, Suite A
Olsdmar, Florida 34617
17. TAXES
The County is exempt from payment of Florida State Sales and Use taxes. ADS sbaIl DOt be
exempted by virtue oltbe County's exemption from payiDg sales tax to i1s suppliers for materials
used to fWfiU its obliptions uncia' dais Aarecmeot, nor is ADS authorized to use the Comrty's
Tax Exemption Numbs' in securiD& such materials. ADS sbalJ be leSpOOSible fur any and all
taxes, or payments of witbholdiD& related to lICl'Vices renda:ed UDder this agRCJnent.
18. TERMINATION
The County may termiDate this .Apeemeut with or without cause. The County may tcmrinate this
~ for cause with 88YeIl (7) days DOIiee to ADS. Cause 9baD coosti.tute a breach of the
obligations of ADS to perform the obligatiOl18 en11lmlBfed under this Agreement. Either of
COUNTY and ADS hereto may termiDaIe this Agreement without cause by giving the other
party sixty (60) days written notice of its iIItention to do so.
19. GOVERNING LAW. VENUE. INTERPRETATION. COSTS.. AND FEE
This Ap:cmcnt shall be governed by IIDd consbued in KCOI'dance with 1he laws of the &ate of
Florida applicable to Apeemenrs made IIDd 10 be performed entin:ly in the State. In the event
that any cause of action or admioistntive proc-m"l is insti1utod for the enforcement or
Contract tlOl-S55-2493A
6
3052Q23S16
MONA-OF COUNTY An
103659 a m 04 12-2006
~ :to
interpretation of this Agreement. the CoUDty and ADS agree that venue wiI1lie in 1he appropriate
court or before the appropriate administntive body in Momoe County, Florida.
20. MEDIATION
The Couo1y and ADS agree Ibat, in tbe event of conflicting inferpIetaDons of the terms or a tenD
of this Agreement by or between any of them the issue shaD be submitted to mediation prior to
the institution of amy otha' ammn;strBtive 01' Iepl ~I'lg Mediation ~inp initiated
and conducted puI'51I8Dt to this Agreement shall be in 8CCGI'daDce wi1h 1hc Florida Rules of Civil
Proe:edun: and usual 8Dd custtmuy procedures required by 1be ciIeuit court of Monroe County.
21. SEVERABILITY
If any term, covenant, condition or provision of1his Agreenteat (or the application thereof to any
circallTlf2tRn('.e or persoa) shaD be declared invalid or uaenfon:eable to any extent by a court of
competentjurisclicdon, the re&MIn.ng ~ covenants, ccmditious aDd provisions oftbis
Agreement, shaD not be aftb:ted thereby; and each [I!l'1lllini,. temI, covenant, CODdition 8Dd
provision oftbis Agreement shall be valid and !ball be ~ to the fullest extent pennitted
by law unless the eof'oroantm of tile JWnAinil'll ~ covea&DCs, coodi1ions 8Dd provisions of
this Agreement would prevent the accomptishment of tile original intent of1his Agreement. The
County aDd ADS agree to refonn the Agreement to replace any 9trickeo provision with a valid
provision that comes as close as possible to the intent of the stricken provision.
22. ATIORNEY'S FR~ AND COSTS
COUNlY and ADS agree 1hat in the event any cause of aeOOn or administrative pnv-iIing is
initiated or defended by my party relative to the enfotaaum or iDteIprdation of this Agreement,
the prevailing party shaD be entitled to rea&OD8bIe attorney's fees aod attorney's fees, in
appeUate proc.-finp.- Each.party agrees to pay its own court costs, investigative, aDd out-of.
pocket expenses wbdher it is 1hc pevaiIing party or DOt, through all levels oftbe court system.
23. ADJUDICATION OF DISPUTES OR DJSAGR~
County aud ADS agree tbat all disputes and ~~lieDtB sba1I be attempted to be resolved by
meet aodconCa sessiOllS between ~"tati~ ofa1d1ofCOUNTY and ADS. Ifoo
resolution can be agreed upon within 30 days after the first meet aDd confer session, the issue or
issues sball be: discussed at a public IUf'liI'l& of the Board of County Commissioners. lfthe issue
or issues lire still not raoIwd to tbe salis1ictioa of COUNIY and ADS, then any party sbaII
have the right to seek such relief or mncdy as may be provided by this Agreemem or by Florida
law.
24. COOPERATION
In the event any administrative or 1ept proceod"ms is instituted against COUNlY or ADS
relatiug to the formatioo, execution. performance. or breach of this Agreem_ CoUDty and ADS
agree to participase, to the extent required by the otIa' party, in aD pror.-fi'lp, ~
processes, .meMi"P, and other activities ze1atcd to the substmxe of this A.gn:aneut or provision
of the services under this Agreemem. County and ADS spa:ificaJly agn::c that Arbitration shaIl
not be entered into under this Agreement.
Contract 110 1.555-2493A
7"
. .
3<1529235;6
MONROE COUNTY All
1 0 3 r 38 s II' 04 1 2 2006
I? ,1 0
25. BINDING EFFECT
The 1eons, CO~ conditions, 8Dd provisioDS ofdrls AgreemeDt shall bind and inure to the
benefit of County and ADS and their respective legal represeotatjves, successors, and assigns.
26. AUTIJORITY
COUNTY and ADS tqB'eSeIlfs and wama1B to the other that the execution, delivery and
performance of this Apeement have been. duly autborized by all neccMllY Coumy and COIpOIBte
actiOD, as required by law.
27. CLAIMS FOR FEDERAL OR STATE AID
COUNlY and ADS ape dud each sbaIl be, and i, empowered to apply for. seek, aacl obtain
federal aDd state funds to fur1ber the purpose oflbis ~; provided thsl aJl applications,
reques1S, gnmt proposals, 8Dd funding solicitations sba1l be approved by each party prior to
submission.
28. PRIVILEGES AND IMMUNITIES
All of the privileges &ad immunities from liability, exemptious ftom laws, ~ and m1es
and pemions and re1ie( disability, worlcers' compt'!ft~ aud other benetim which apply to the
activity of ofticm, agents, or employees of 8Ily pubJic ageot8 or empJoyees oCtile County, when
performing their respective 1imctioos UDda' this ~ wi1hin 1be territorial limits of the
County shall apply to the same degree and extent to die pa-tbrma.ee of such t\mctions and duties
of such 01liccrs,. agents, vohmteen. or employees outside die 1aritoriallimi1s of the County.
29. LEGAL OBLIGATIONS AND RESPONSIBILITIES
nis Agreement is not inteudtxl to. nor sba1l it be construed lilt JeIieviDg any participatina entity
from any obligation or IeSpOMib~ ~ upon 1be catity by Jaw except to the exteDt of
actual and timely pcdbmumce tlJmx)Cby _ parti~ eatity, in which c::ase tho performance
may be offered in !llIdilZfiadion ofllle obIipdon or Ie8p(mibllity. FW1her, this Agreement is not
intended to. nor shall it be construed 81, authorizing the ~ of 1be constitutional or
SbltIJtory duties of the Cotmty, except to the extent permitted by tile Florida CODStitution, state
statute, and case law.
30. NON-RELIANCE BY NQN-PAR11'RS.
No person or entity sba1J be ~ed to rely upon the 1ams, or any oftbmJ, of1his Apecment to
eof~ or attempt to eoforce any tbinJ..party claim or endtJemeot to or benefit of any service or
program eoatemplated hereunder, aod County and ADS agree that.&either County nor ADS or
any agent, officu, or employee of eida shall have the IIIdbority to iDCorm, counseJ, or otherwise
iodicme that any particular indivicb1 or group of individuaJs, entity or entities. have entitlements
or benefits UDdea- this Agreement sepande and apart, inferior to. or superior to the community in
genera! or for the purposes contemplated in this Agreemeat.
31. A ITESTA nONS
ADS ~ to execute such documen1s as County may reasonably require, including a Public
Entity Crime Statement, an Ethics Statement. and a Drug-Free WorlcpJace StaP"1aJt.
Contract #101-555-2493A
8
3C529235f~
. MONROF COUNTY An
10381,fam 04-122006
1( ;to
32. NO PERSONAL LIABILITY
No covenant or agreement CODtBined hrmD sba1I be ckcmod to be a covenant or agreement of
any member, officer, agent or employee ofMomoe County in his or.her individual capacity, and
DO mmn bert officer, &geI1t or employee of Monroe County sball be liable persooaI.ly on this
Agreement or be subject to any penomalliability or accountability by reason of 1be execution of
this Aareement.
33. EXECUTION IN COUNTERPARTS
This Agreement may be executed in any number of couuteapa&, each of which shall be regarded
as an original. all of which tabn together shall collltitute ODe and the 88DIe instrument and any
of COUNTY aDd ADS hereto may execute this Agreement by siping any such coUDtclpart.
34. SECTION HEADINGS
Section b-dinp ha\'e been inscIted in this Agreement as a DIIdta' of convenience of ~c
only, and it is agreed that such section '-Ii... are not a pert of this Agreement and will not be
WIt.d in the inter~OD of any provision of Ibis Agreement.
IN WITNESS WHEREOF, COUNTY 8Dd ADS hereto have executed this Agreement on
the day "and date first writtm above in four (4) counterparts., each of which shall, without proof or
400)btding for the other coUDl:erparts. be deemed an origiDal Agreement.
(SEAL)
(SEALI
Attest: D~ L.}'OUfAGE.: CLERK
aG-.~
Date: DeWi1t~-r-
BOARD OF COUN1Y
COMMlSSIO
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MONROE COUNTY ATTORNEY
A OVED AS TO FOR
Contract IIOl-555-2493A
9
-- ---_. .-.--. ---
.
3052112351 Ii
NONROE COUNTY A rr
02 SO lOp m 04 " ~006
EXHIBIT A
AGREEMENT BBTWaN MONROE COUNTY AND ADVANCED DATA
SOLurIONS, lNe fOR SCANNING, INDEXING, AND IMAGING
OF BUILDING DEPARTMENT Jl'ILES
PItDt
up to !5OO.000 San1rG &. 1~ dBldg PenrIt RIBs (8 %x $.09
Annually 11,8 %x 14& 11 x 17)
Up 11:) 100,000 Sc:amna & Inr:IBlcq c:l BuIIdhg PennIt BbIprintI $1.25
Annually
Up to 250 Co.Aorn MecIa disc $15.00
Annualfy
12 ~and dBN8ry ofdacurnentS ~ $250.00
chalgld per trip)
- DaI8ll aue MIn8gement (lTlIIQIIlg thcluBtd8 d NIC
18IbI,1egII1IZl8 doCXIm8nta & bkJIprtnIa wlIhln
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1 InIIBf Set-Up & ~ ",.-It of 0. bd. f LB NiC
Fonnst & SIrucb.I8
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AI document prepsnIIlon, Ie:. ~ *tg.1ndIDdrlg &. I8VI8W PMbTnecI bv NJS per&OIn _ DoaJment
turnaround time" not to 8IlICI8d 30" UDnIhIy Ack.lJ1JI tA.dllal8d hcugh ADS driver.
CotnR~T ~ 101-$55- .1YQaA
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