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FY2023-FY2026 11/27/2023 Monroe County Purchasing Policy and Procedures ATTACHMENT D.5 COUNTY ADMINISTRATOR CONTRACT SUM\4ARY, FORM FOR CONTRACTS $1,00,000.00 and Under Charlotte County BOCC NA Effective Date: 10-1-2023 Expiration Date: 9-30 2026 Contract Purpose/Description: Three Year Agreement to provide FAA Part+139 Training to Marathon Airport Rescue and Fire Fighter(ARFF)personnel. Contract is Original Agreement Contract Amendment/Extension Renewal Contract Manager: April Pearson 6002 Marathon Arport#15 CONTRACT COSTS Total Dollar Value of Contract: $ 29,999.00 Current Year Portion: $ 9 999.()() (must be$100,000.00 or less) (If multiyear agreement then ' requires BOCC approval,unless the iowl ainni.hliir c is 1 00.000.00 or I ss). Budgeted? YAK No ❑ Grant: $ County Match: $ Fund/Cost Center/Spend Cate o : 403-63501-530540-SC 00085 ADDITIONAL COSTS Estimated Ongoing Costs: $ /yr For: CPI (Not included in dollar value above) (e.g.maintenance,utilities,janitorial,salaries,etc.) Insurance Required: YES 0 NO ❑ CONTRACT REVIEW Reviewer Date In Department Head Signature: Richard Strickland County Attorney Signature: "' Jaclyn Flatt Digitally signed by Jadyn Flatt Risk Management Signature: Date''2023 11.0108'21''34-04'00' Purchasing Signature: Lisa Abreu Digitally s Date 2023 signed Abreu '. . . 11'.47'.44-04'00' Tina Boan Digitally signed by Tina Boan OMB Signature: Date'.2023.11.09 15'.03'.08-05'00' Comments: Revised BOCC 4/19/2023 Page 84 of 105 Charlotte County Fire Training Services Contract THIS CONTRACT is entered into and effective as of October 1,2023 (the"Effective Date")by and between Charlotte County, a political subdivision of the State of Florida, ("County"), and Monroe County Board of County Commissioners("Customer"). WHEREAS, County desires to offer contract training to respond to workforce development needs of employers through its live fire training facility known as the Charlotte County Public Safety Training Center; and WHEREAS, Customer is in need of, and desires to obtain, contract training services from County; NOW AND THEREFORE,in consideration of these premises and the terms and conditions set forth herein, the parties agree as follows: 1) DESCRIPTION OF SERVICES. County shall provide firefighting training to Customer's employees,or to City of Marathon Fire Rescue employees who provide Airport Rescue and Fire Fighting(ARFF)services to the Florida Keys Marathon International Airport. Training will be scheduled and delivered in accordance with the terms and conditions herein. a) Customer shall pay County Nine Hundred and Fifty dollars($950.00)per student for the Airport Firefighter Basic Forty(40)Hour Certification and Five Hundred dollars($500.00)per student for the Live Fire Aircraft Burn-FAR 139 Requirement.The County Administrator or his/her designee is authorized to provide a discount for either course if 40 or more students from the same agency sign up for either course within a rolling 12-month period. The discount shall not exceed 10%of the total cost for the course. b) In the event Customer cancels a class with less than three(3) days prior written notice,Customer will still be responsible for the payment of the minimum fee noted above.In the event County cancels a class with less than three(3)days prior written notice, County's liability shall be limited to the return of monetary,consideration paid to County under this Contract for the canceled class or,with Customer's approval,the rescheduling of the canceled class. c) Customer shall ensure each of the students attending completes a release form prior to starting training. In the event a student refuses to complete the County release form, the student shall not be permitted to receive training and Customer shall be charged for the training. 2) TRAINING LOCATION. Training will be conducted at 26571 Airport Road,Punta Gorda,Florida 33982. 3) FINANCIAL ARRANGEMENTS. County will submit invoices no later than thirty (30) days after a class is scheduled. Customer,or Customer's Purchasing Agent,shall pay invoices submitted by County within thirty(30) days of the invoice date. Payment will be made by check, credit card, or electronic wire transfer to Charlotte County Board of County Commissioners,26571 Airport Road,Punta Gorda, FL 33982. Page 1 of 4 4) TERM,TERMINATION,AND AMENDMENT. a) TERM. This Contract shall be effective as of the effective date first set forth above for a period of three years,unless terminated by either party as described below. b) TERMINATION.Either party shall have the right to terminate this Contract with our without cause upon thirty(30)days prior written notification to the other party. Provided however,no cancellation shall interrupt or interfere with classes already begun during the term such notice is given. Such termination shall be in writing, signed by the duly authorized officer of the party terminating the Contract,and shall be sent certified mail,return receipt requested,or overnight delivery. c) AMENDMENTS. The terms of this Contract may be amended at any time only by formal written amendment to this Contract executed by both parties. All amendments shall be attached to and become a part of this Contract. 5) POLITICAL SUBDIVISION; FLORIDA LAW. The parties hereto acknowledge and agree that County is a political subdivision of the State of Florida. The parties acknowledge the performance under this Contract is subject to the provisions and limitations of Section 768.28,Florida Statutes(the provisions and limitations of which are not waived, altered, or expanded by anything herein). Nothing contained herein shall be construed or interpreted as: (i)denying to either party any remedy or defense available to such party under the laws of the State of Florida; (ii)the consent of the state of Florida or any party hereunder to be sued; or (iii) a waiver of sovereign immunity beyond the waiver provided in Section 768.28,Florida Statutes. 6) MISCELLANEOUS. a) APPLICABLE LAW. The validity, interpretation, and enforcement of this Contract shall be governed by the laws of the State of Florida,without regard to the principles of conflicts of law. b) USE OF MATERIALS. Unless otherwise provided herein,County owns all rights in all original materials it provides to the Customer or its students during the delivery of this training, including any curriculum materials. Customer agrees that it will not permit anyone either to duplicate or reproduce any materials in any manner without County's prior written permission. c) INSURANCE. The Customer,as a City, County, or other agency in need of County's services, shall ensure that students attending the class are its employees or employees of a Municipality, County, or State agency located with Monroe County,or are employees of a special district within Monroe County that provides fire fighting services to Monroe County pursuant to an Interlocal Agreement„ are participating in the training as part of their employment, and are covered under the Worker's Compensation coverage of their agency at not less than the Florida statutory limits. d) INDEMNIFICATION. Subject to the provisions and limitations of Section 768.28, Florida Statutes,if applicable to the Customer,the Customer agrees to indemnify, defend and hold harmless County,and County's respective officers,agents,representatives and employees from and against any and all claims,liabilities,losses, lawsuits,judgments and expenses, including attorneys' fees and court costs,arising directly or indirectly from any negligent act or failure to act by the Customer or any of its employees which may occur during or arise out of the negligent performance of this Contract,whether foreseeable or unforeseeable. This provision shall continue beyond termination or expiration of this Contract. Page 2 of 4 e) INDEPENDENT CONTRACTORS. It is understood that the parties are independent contractors and shall have neither supervision nor control over the other party's employees, agents, representatives and volunteers in the performance of their duties under this Contract. Neither party shall in any manner use the credit or name of the other party in connection with its business nor affairs except as specifically authorized in this Contract or as approved in writing prior to such use by the other party. f) SEVERABILITY; WAIVER. This Contract is severable such that should any provision of this Contract be or become invalid or unenforceable,the remaining provisions shall continue to be fully enforceable. No waiver or delay in enforcement of any breach of any provision of this Contract shall constitute a waiver of any preceding or succeeding breach or delay in enforcement of any other provision of this Contract. 7) NOTICES.All notices under this Agreement shall be in writing and delivered by personal delivery or United States,certified,return receipt requested,mail. Such notices shall be delivered to the following: If to County: Jason Fair,Public Safety Director 26571 Airport Road Punta Gorda,Florida 33982 (941)833-5600 Email: Jason.Fair@charlottecountyFL.gov Charlotte County Attorney's Office with a copy of 18500 Murdock Circle,Building A,Suite 573 legal notices to: Port Charlotte,Florida 33948 If to Customer: Roman Gastesi,Monroe County Administrator 1100 Simonton Street Key West,Florida 33040 And Monroe County Attorney's Office 1111 12th Street,Suite 408 Key West,Florida 33040 And Florida Keys Marathon International Airport 9400 Overseas Highway,Suite 4200 Marathon,Florida 33050 Page 3 of 4 IN WITNESS WHEREOF,the undersigned authorized representatives of the parties have executed this Agreement as of the day and date first written above, and each agrees to be bound by the provisions hereof. NBoard of County Commissir'hgs• E.... b� ON BEHALF OF MONROE COUNTY . .r ' Charlo nty,Floii47 - { By: 2G C 11.27.2023 By: Title: County Administrator Hector Flores = }' NROE COUNTY ATTORNEY County Administrator. J / ROVE Any FORM "' � ..> � • Q`j Charlotte County BoardCoa�ntymrrssi� ers ASSW� 9/19%23-� y�•ObbO o Oete ATTEST: Roger D.Eaton,Clerk of the Circuit APPROVED AS TO FORM Court and Ex-Officio Clerk to the AND LEGAL SUFFICIENCY: Board of County Commissioners B Deputy Cle an'. S.Knowlton, County Attorney F\G LR2022-0366 3�(PSP) Page 4 of 4 ADDENDUM A The following clauses are added into the agreement between Charlotte County and Monroe County as if fully set forth therein: THIS AGREEMENT is made and entered into this 1 st day of October, 2023,by and between MONROE COUNTY ("Customer" or "County"), a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040 and CHARLOTTE COUNTY ("Contractor"), apolitical subdivision of the State of Florida SECTION 1. Overview and Scope of Services Contractor is a political subdivision of the State that offers various fire related trainings. Monroe County owns and operates the Florida Keys Marathon International Airport (Airport). Airport Rescue and Fire Fighting (ARFF) services at the Airport are provided by City of Marathon Fire Rescue employees who may attend trainings offered by Contractor and may continue to attend trainings with Contractor in the future. Customer may execute additional written orders upon receipt of future proposals, each of which shall be deemed to be part of this Agreement. The orders shall be for trainings that have been properly procured pursuant to Monroe County's Purchasing Policy. In no event will the training services provided by Contractor to Customer exceed a total cost of $29,999.00 during the term of this agreement. Contractor shall do, perform, and carry out in a professional and proper manner the services described in the Fire Training Services Contract, attached hereto and made a part of this agreement, and as authorized from time to time by written orders. SECTION 2.Warranties and Representations Contractor warrants that it is authorized by law to engage in the performance of the activities herein described, subject to the terms and conditions set forth in these Agreement documents. The Contractor shall, at all times, exercise independent, professional judgment and shall assume professional responsibility for the services to be provided. Contractor shall provide services using the following standards, as a minimum requirement: A. The Contractor shall maintain adequate staffing levels to provide the services required under this Agreement. B. To the extent that Contractor uses employees, subcontractors or independent contractors, this Agreement specifically requires that the employees, subcontractors and independent contractors shall not be an employee of or have any contractual relationship with Customer. C. All personnel engaged in performing services under this Agreement shall be fully qualified, and, if required, to be authorized or permitted under State and local law to perform such services. D. The Contractor shall maintain all necessary licenses, permits or other authorizations necessary to act as a Contractor. 1 SECTION 3. County's Responsibilities 3.1 Contractor's scope of basic services consists of those described in the Fire Training Services Contract and in Section 1 of this Addendum. Upon receipt of any future proposals, the requesting department shall prepare and submit a written order to be approved and executed according to the Monroe County Purchasing Policy. 3.2 The Customer shall make payments as outlined in Section 5 of this Agreement. SECTION 4. Term of Agreement 4.1 This Agreement shall continue for three years or until terminated by either Party. SECTION 5.Payment to Contractor 5.1 The fees that will be paid by the Customer are Nine Hundred and Fifty dollars ($950.00) per student for the Airport Firefighter Basic Forty (40) Hour Certification and Five Hundred dollars ($500.00) per student for the Live Fire Aircraft Burn - FAR 139 Requirement and shall be invoiced after completion of each student's training. . The Customer is exempt from sales and use taxes. 5.2 Payment will be made according to the Florida Local Government Prompt Payment Act, Sections 218.70-218.80, Florida Statutes. Contractor shall submit to the Customer an invoice with supporting documentation in a form acceptable to the Clerk. Invoices may be submitted upon completion of the services.Acceptability of the invoice to the Clerk is based on generally accepted accounting principles and such laws, rules and regulations as may govern the Clerk's disbursal of funds. Invoices shall be sent to the Monroe County Florida Keys Marathon International Airport who will review the documents and route them to appropriate County Staff for approval. Upon receiving all required approvals, the invoice(s)will be forwarded to the County Clerk's office for payment. SECTION 6. Contract Termination The Parties reserve the right to terminate this Agreement by written notice with 30 days notice. In the event of such termination, any services provided by Contractor up to the effective date of termination shall be due to the Contractor. SECTION 7. Notices Any notice required or permitted under this agreement shall be in writing and hand delivered or mailed, postage prepaid, to the other parry by certified mail, returned receipt requested, to the following: To the County: Roman Gastesi,Monroe County Administrator 1100 Simonton Street Key West,Florida 33040 And: Monroe County Attorney's Office 2 I I 1112''Street, Suite 408 Key West,Florida 33040 And: Florida Keys Marathon International Airport 9400 Overseas Highway, Suite#200 Marathon,Florida 33050 To the Contractor: Charlotte County Attorney's Office 18500 Murdock Circle,Building A, Suite 573 Port Charlotte,Florida 33948 And: Jason Fair,Public Safety Director 26571 Airport Road Punta Gorda,Florida 33982 (941) 833-5600 Email: Jason.Fair@charlottecountyFL.gov SECTION 8. 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 contracts made and to be performed entirely in the State. SECTION 9. Contract Documents This contract consists of this Addendum, the Fire Training Services Contract provided by Charlotte County, and any future proposals and invoices. In the event of a conflict in terms between the Fire Training Services Contract,Addendum, or future proposals, invoices or task orders, THE TERMS OF THE ADDENDUM SHALL PREVAIL. SECTION 10.Florida Public Records law(Florida Statute 119.0701) Contractor must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of article I of the Constitution of Florida. The Customer and Contractor shall allow and permit reasonable access to, and inspection of, all documents, records, papers, letters or other "public record" materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes,, and made or received by the Customer and Contractor in conjunction with this contract and related to contract performance. The Customer shall have the right to unilaterally cancel this contract upon violation of this provision by the Contractor. Failure of the Contractor to abide by the terms of this provision shall be deemed a material breach of this contract and the Customer may enforce the terms of this provision in the form of a court proceeding and shall, as a prevailing parry, be entitled to reimbursement of all, attorney's fees and costs associated with that proceeding. This provision shall survive any termination or expiration of the contract. The Contractor is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. Contractor shall maintain all books, records, and documents directly pertinent to performance 3 under this Agreement in accordance with generally accepted accounting principles consistently applied. Each party to this Agreement and their authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records and auditing purposes during the term of the Agreement and for five (5)years following the termination of this Agreement. If an auditor employed by the Customer or Clerk determines that monies paid to Contractor pursuant to this Agreement were spent for purposes not authorized by this Agreement, the Contractor shall repay the monies together with interested calculated pursuant to Section 55.03 the Florida Statutes,running from the date the monies were paid to Contractor. Pursuant to F.S. 119.0701, Contractor and its subcontractors shall comply with all public records laws of the State of Florida, including but not limited to: a. Keep and maintain public records required by Monroe County in order to perform the service. b. Upon request from the public agency's custodian of public records,provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Florida Statutes, Chapter 119 or as otherwise provided by law. c. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the public agency. d. Upon completion of the contract, transfer, at no cost, to Monroe County all public records in possession of the contractor or keep and maintain public records required by the public agency to perform the service. If the contractor transfers all public records to the public agency upon completion of the contract,the contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to Monroe County, upon request from the public agency's custodian of records, in a format that is compatible with the information technology systems of Monroe County. If the contractor does not comply with the Customer's request for records, the Customer shall enforce the public records contract provisions in accordance with the contract notwithstanding the County's option and right to unilaterally cancel this contract upon violation of this provision by the Contractor. A Contractor who fails to provide the public records to the County or pursuant to a valid public records request within a reasonable time may be subject to penalties under Section 119.10, Florida Statutes. Contractor shall not transfer custody, release, alter, destroy, or otherwise dispose of any public records unless or otherwise provided in this provision or as otherwise provided by law. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119,FLORIDA STATUTES,TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY, AT (305) 292-3470, bradley- brianAmonroecounty-fl.gov, c/o Monroe County Attorney's Office, 1111 12th St., Suite 408, 4 Key West FL 33040. SECTION 11.Monroe County Purchasing Policy and Florida Statute 287.0582 Monroe County's performance and obligation to pay under this contract is contingent upon an annual appropriation by the BOCC. SECTION 12. Covenant of No Interest County and Contractor covenant that neither presently has any interest, and shall not acquire any interest,which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. SECTION 13.Ethics Clause By entering in this Agreement, the vendor warrants that he/it has not employed, retained or otherwise had act on his/her behalf any former County officer or employee in violation of Section 2 of Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 010-1990. For breach or violation of this provision the County may, in its discretion, terminate this Agreement without liability and may also, in its discretion, deduct from the Agreement 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. SECTION 14.Nondiscrimination The parties agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. The parties agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VII of the Civil Rights Act of 1964 (PL 88-352),which prohibit discrimination in employment on the basis of race, color, religion, sex, and national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC §§ 1681-1683, and 1685-1686),which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC § 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC §§ 6101-6107), which prohibits discrimination on the basis of 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, §§ 523 and 527 (42 USC §§ 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VHI of the Civil Rights Act of 1968 (42 USC §§ 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC §§ 12101), as amended from time to time, relating to nondiscrimination in employment on the basis of disability; 10) Monroe County Code Chapter 14, Article II, which prohibits 5 discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; and 11) any other nondiscrimination provisions in any federal or state statutes which may apply to the parties to, or the subject matter of,this Agreement. SECTION 15. Indemnification,Defend,Hold Harmless,Insurance Both the County and Contractor, as state agencies or subdivisions defined in Section 768.28, Florida Statutes, agree to be fully responsible to the limits set forth in such statute for its own negligent acts or omissions, or intentional tortuous actions, which result in claims or suits against either County or Contractor, and agree to be liable to the statutory limits for any damages proximately caused by said acts or omissions, or intentional tortious acts. Nothing contained in this Section shall be construed to be a waiver by either party of any protections under sovereign immunity, Section 768.28. Florida Statutes, or any other similar provision of law. Nothing contained herein shall be construed to be a consent by either party to be sued by third parties in any matter arising out of this or any other Agreement. The parties to this agreement stipulate that each is a state governmental agency as defined by Florida Statutes and represents to the other that it has purchased suitable Commercial General Liability, Business Automobile Liability, and Workers' Compensation insurance, or is self-insured, in amounts adequate to respond to any and all claims within the limitations of Sections 768.28 and 440,Florida Statutes,arising out of the activities governed by this agreement. The governmental entity parties to this agreement stipulate that the agreement does not contain any provision that requires one party to indemnify or inure the other party for the other parry's negligence or to assume any liability for the other party's negligence. The governmental entities are prohibited from entering into agreements to indemnify another agency or subdivision of the state for the other entity's negligence or to assume any liability for the other entity's negligence. Pursuant to section 6(c) of the Charlotte County Fire Training Services Contract, the Customer ensures that students attending the training classes are its employees or employees of a Municipality, County, or State agency located within Monroe County, or are employees of a special district within Monroe County that provides fire fighting services to Monroe County pursuant to an Interlocal Agreement, and are covered under the Worker's Compensation coverage of their agency at not less than the Florida statutory limits. SECTION 16.Non-Waiver of Immunity Notwithstanding the provisions of Sec. 768.28, Florida Statutes,the participation of the Customer and Contractor in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the County be required to contain any provision for waiver. 6 SECTION 17.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 Customer,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. SECTION 18.Legal Obligations and Responsibilities Non-Delegation of Constitutional or Statutory Duties. This Agreement is not intended to,nor shall it be construed as,relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by 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. SECTION 19.Non-Reliance by Non-Parties 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 hereunder, and the Customer and Contractor agree that neither the Customer nor Contractor nor 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. SECTION 20.Attestations Contractor agrees to execute such documents as the Customer may reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug-Free Workplace Statement (Attachment 1). SECTION 21.No Personal Liability No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member,officer,agent or employee of the parties in his or her individual capacity,and no member, officer, agent or employee of the parties shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 7 SECTION 22. Severability If any term, covenant, condition or provision of this Agreement(or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms,covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The Customer and Contractor agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. SECTION 23.Binding Effect The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the Customer and Contractor and their respective legal representatives, successors, and assigns. SECTION 24.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. SECTION 25.Adjudication of Disputes or Disagreements Customer and Contractor agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. The Customer and Contractor representative shall try to resolve the claim or dispute with meet and confer sessions. If the issue or issues are still not resolved to the satisfaction of the parties,then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. This Agreement is not subject to arbitration. (signatures on next page) 8 Attest: Roger D. Eaton, Clerk of the Circuit Court and Ex-officio Clerk of the Board of County Co ioners B Deputy Clerk IN WITNESS WHEREOF,the parties hereto have caused these presents to be executed on the 27th day of November 2023. ON BEHALF OF MONROE COUNTY NROE COUNTY ATTORNEY iaovE a Forte By 11.27.2023 P o ( Ti le: County Administrator J. ASS UNTY ATTORNEY oah� 9/19/23 Charlotte oufaty�Sg .•••••• b� By Title ! . STATE OF J—jU✓I CIS Cbt/00 . COUNTY OF (,yl . ne-)PrP- SJJwwLor^n to or affirmed) and subscribed before me this day of1ff&MLg-(,2023, by 1kc, "bK 4-1ore� Personally Known OR Produced Identification Type of Identification Produced ( ignature of Notary Public - State of Florida) t►�Y^ JUDITH T FAULY `_°- _• Notary Public-State of Florida rint, Type, or Stamp Commissioned.Name of Notary Public) y• e ommission 4 My Comm.Expires Feb 9,2026 Bonded through National Notary Assn. Approved as to Form and Legal Sufficiency A'4 e3S_1go�vlon, vCity Attorney 9 LL 11 LLZ� (�� PUBLIC ENTITY CRIME STATEMENT "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a CONTRACTOR, supplier, subcontractor, or CONTRACTOR under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." 1 have read the above and state that neither Charlotte County Public Safety Training (Respondent's name) nor any Affiliate has been placed on the convicted vendor list within the last 36 months. ONERS •�. (Signature)_' /,'� F1 , C mt�tso � Date: mil W STATE OF: Florida �;b COUNTY OF: Charlotte Subscribed and sworn to (or affirmed) before me-by means of 4hysical presence or❑ online notarization, on 9�9)(J I'aD23 by(name of affiant). He is personally known to me. y'p�•.: JUDITHTFAULY Notary Public••State of Florida NOTARY PUBLIC Commission A HH 227045 `''•'�oF My Comm.Expires Feb 9,2026 Bonded through National Notary Assn. My Commission Expires: :test: 'oger D. Eaton, Clerk of the .ircuit Court and Ex-officlo :;Ierk of the Board of County Commissioners Approved as to Form and Legal Sufficiency T1 Deputy Cter'e PA -41 1`an ffl Knnnow-J�on �oun rney SWORN STATEMENT UNDER ORDINANCE NO. 010-1990 MONROE COUNTY, FLORIDA ' ETHICS CLAUSE "Charlotte County Fire&EMS" "...warrants that he/it has not employed, retained or otherwise had act on his/her behalf any former County officer or employee in violation of Section 2 of Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 010-1990. For breach or violation of this provision the County may, in its discretion, terminate this Agreement without . liability and may also, in its discretion, deduct from the Agreement 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." g pNERS -. . o vii5 irk (Signature) '�S Date: - R 1 ra �j STATE OF: Florida ":"y�••.,,,,..•''�dp. COUNTY OF: Charlotte "fib 0A Subscribed and sworn to`(or affirmed) before me, by means of Whysical presence or El online notarization, on 21QL, (date) by �Ljmby' '��Dr®L (name of affiant). He is personally known to me. P,& JUDITH:TFAULY Notary Public-Commission5My Comm.Exp026Bonded through Natissn. N TARY PUBLIC I My Commission Expires: r er D.Eaton, Clerk of the :rcuit Court and Ex-officio .ierk of the Board of County .:ommissioners Approved as to Form and Legal Sufficiency •. i_ Deputy Clerk / J l�e�t S. Ki�A�l�ou,Co Attorney VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS Project Description(s): 1 Respondent Vendor Name:\n�OAoAc QM &xxd cC OOUi'l COY► vni SS�� Vendor FEIN: Vendor's Authorized Representative Name and Title: rRon, O b�� , YYII✓►I S i r' Address: �Dy��O�'� V Y6��GVI C- -ed - City.%4 ley `OAAC State: RXD(- GL Zip: 33cI 418 Phone Number: Email Address: Section 287,135, Florida Statutes prohibits a company from bidding on, submitting a proposal for, or entering into or renewing a contract for goods or services of any amount if, at the time of contracting or renewal,the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, Florida Statutes, or is engaged in a Boycott of Israel. Section 287.135, Florida Statutes, also prohibits a company from bidding on,submitting a proposal for,or entering into or renewing a contract for goods or services of$1,000,000 or more,that are on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector Lists which were created pursuant to s.215.473,Florida Statutes,or is engaged in business operations in Cuba or Syria. As the person authorized to sign on behalf of Respondent, I hereby certify that the company identified above in the Section entitled"Respondent Vendor Name"is not listed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel and for Projects of$1,000,000 or more is not listed on either the Scrutinized Companies with Activities in Sudan List,the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List,or engaged in business operations in Cuba or Syria. I understand that pursuant to Section 287.135,Florida Statutes,the submission of a false certification may subject company to civil penalties,attoiney's fees,and/or costs.I further understand that any contract with the County may be terminated, at the option of the County, if the company is found to have submitted a false certification or has been placed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel or placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with t` ies in the Iran Petroleum Energy Sector List or been engaged in business operations in Cuba or Certifiedfy: ' ,who is authorized to sign(i'behalf o - r efpnc company. Auth6riV4 Si a Print �; Title:. ¢l\ V' Note:The Dist are ailabla-' e-following Department of Management Services Site: h :/hvww.�i s.fnflori cc�in/business operations/state purchasing/vendor information/convicted sus Vended discr'rnmftbr . omplaints vendor lists A-cu Js : Boger D. Eaton,Clerk of the Circuit Court and Ex-officio Approved as to Form Clerk of the Board of County and Legal Sufficiency Commissioners E Deputy Clerk ' �a���� tte S. Kpo Iton, Attorney CERTIFICATE OF COVERAGE Certificate Holder Administrator Issue Date 10/5/2023 CHARLOTTE COUNTY BOARD OF COUNTY COMMISSIONERS Florida League of Cities,Inc. 18500 MURDOCK CIRCLE,B-201 Department of Insurance Services PORT CHARLOTTE FL 33948 P.O.Box 538135 Orlando,Florida 32853-8135 COVERAGES THIS IS TO CERTIFY THATTHE AGREEMENT BELOW HAS BEEN ISSUED TO THE DESIGNATED MEMBER FOR THE COVERAGE PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE COVERAGE AFFORDED BY THE AGREEMENT DESCRIBED HEREIN I5 SUBJECT TO ALLTHETERMS, E%C WSIONS AND CONDITIONS OF SUCH AGREEMENT COVERAGE PROVIDED BY: FLORIDA MUNICIPAL INSURANCE TRUST AGREEMENT NUMBER: FMIT 1122 COVERAGE PERIOD: FROM 10/1/23 TCOVERAGE PERIOD: TO 10/1/24 12:01 AM STANDARD TIME TYPE OF COVERAGE-LIABILITY TYPE OF COVERAGE-PROPERTY General Liability © Buildings Miscellaneous QComprehensive General Liability,Bodily Injury,Property Damage, ❑ Basic Farm Inland Marine Personal Injury and Advertising Injury Special Form � Electronic Data Processing 0 Errors and Omissions Liability 0 Personal Property ❑ good 0 Employment Practices Liability ❑ Basic Form Q Employee Benefits Program Administration Liability Q Special Form Q Medical Attendants'/Medical Directors'Malpractice Liability Agreed Amount ❑X Broad Form Property Damage Q Deductible $5,000 ❑ Law Enforcement Liability 0 Coinsurance 90% 0 Underground,Explosion&Collapse Hazard Blanket Limits of Liability ❑ Specific *Combined Single Limit Q Replacement Cost Deductible N/A ❑ Actual Cash Value Automobile Liability Limits of Liability on File with Administrator © All owned Autos(Private Passenger) TYPE OF COVERAGE-WORKERS'COMPENSATION © All awned Autos(Other than Private Passenger) Q Statutory Workers'Compensation Q Hired Autos © Employers Liability $1,000,000 Each Accident Q Non-Owned Autos $1,000,000 By Disease $1,000,000 Aggregate By Disease Limits of Liability ❑ Deductible N/A *Combined Single Limit © $300,000 Self Insured Retention Deductible N/A Automobile/Equipment-Deductible Q Physical Damage Per Schedule-Comprehensive-Auto Per Schedule-Collision-Auto Per Schedule-Miscellaneous Equipment Other The limit of liability is$1,500,000(combined single limit)bodily injury and/or property damage each occurrence in excess of a self-insured retention of$350,000. This limit is solely for any liability resulting from entry of a claims bill pursuant to Section 768.28(5)Florida Statutes or liability/settlement for which no claims bill has been filed or liability imposed pursuant to Federal Law or actions outside the State of Florida. Description of Operations/Locations/Vehicles/Special Items RE: Verification of Coverage THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND,EXTEND OR ALTERTHE COVERAGE AFFORDED BY THEAGREEMENT ABOVE Designated Member Cancellations Charlotte County Board of County Commissioners SHOULD ANY PART OF THE ABOVE DESCRIBED AGREEMENT BE CANCELED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 45 DAYS WRITTEN NOTICE TO THE 18500 Murdock Circle,B-201 CERTIFICATE HOLDER NAMED ABOVE,BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO Port Charlotte FL 33948 OBLIGATION OR LIABILITY OF ANY KIND UPON THE PROGRAM,ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE FMIT-CERT(10/2011)