2. 01/01/2021 to 12/31/2025 Year 4 Monroe County Purchasing Policy and Procedures
ALL I ALLIMEXI MA
COUNTY ADMINISTRATOR
CONTRACT SUMMARY FORM FOR CONTRACTS $100,000.00 and Under
.....C.on.trac.with• FSC - Jacksonville Cnntr:act.....na „
Effective Date: 1-1-2024
Expiration Date 12-31-2025
Contract Purpose/Description:
Year 4(Calendar Year 2024)Agreement of the Master Training and Education Services Agreement
to provide FAA Part 139 required training to Marathon Airport's Aircraft Rescue and Fire Fighter(ARFF)personnel
Contract is Original Agreement Contract Amendment/Extension Renewal
Contract Manager: Michael Legere 6302 Marathon Airport#15
CONTRACT COSTS
Total Dollar Value of Contract: $ 49 175.00 Current Year Portion: $ 9,535.00 (est)
(must be$100,000,00 or less) ' (If multiyear agreement then
requires BOCC approval,unless the
Mal curmu4lsa6ve.UI lOLuili1(ilS
$100,000 00 air Iess).
Budgeted?Yes No ❑
Grant: $ County Match: $
Fund/Cost Center/S end Category: F-403-63501-530540-SC 00085 and F-403 63501-530400-SC 00400
ADDITIONAL COSTS
Estimated Ongoing Costs: $ /yr For:
(Not included in dollar value above) (e.g.maintenance,utilities,janitorial,salaries,etc.)
Insurance Re uired: YES ❑NO W
CONTRACT REVIEW
Reviewer Date In
Department Head Signature: Richard Strickland
w
County Attorney Signature:
Risk Management Signature: Jaclyn Flatt Digitally202405/0 Jaclyn -04
D.L.:z9za.9sm 1sa5:za oa 9a
Lisa Ab DigiallysignedbyLisaAs—
Purchasing Signature: ..................rere..u Data:2024,05 14 09:16:29-04'00'
John Quinn Digitally signed by John Quinn
OMB Signature: Dale:2024,05 14 11:16:40-04'00'
Comments:
Revised BOCC 4/19/2023
Page 84 of 105
Florida State College
FSC) atJacksonville
Training Agreement
This Training Agreement is entered into this 8th day of November, 2023 by and
between Florida State College at Jacksonville ("FSCJ") and Florida Keys Marathon
Airport- Monroe County ("Customer")
Terms
The terms of the Agreement are hereby incorporated by reference and shall govern the
provision course and training services under this proposal. This Agreement will expire
on December 31, 2024.
Description of Courses and/or Training Services
FSCJ agrees to provide instruction for forty(40) hour ARFF Certification and five (5) hour
ARFF Recertification to Customer's employees as defined in this training agreement.
Training will be delivered on mutually agreed upon dates to be conducted at the Fire
Academy of the South, 2700 Firefighter Memorial Drive,Jacksonville, FL. Delivery of
instruction shall be scheduled and delivered in accordance with the terms and conditions
herein.
FSCJ agrees to provide the following:
• Highly qualified instructor
• Course materials
• Classroom and Laboratory Facilities
• PPE Gear
• Participant evaluations
• Attendance records
• Individual Certificates of Completion
• Lunch upon request
Customer shall commit to the following:
• Identify training participants
• Provide student enrollment information via hard copy enrollment forms or the FSCJ
Continuing Education website
• Maintain open lines of communication with Florida State College at Jacksonville's
instructor(s) and representatives throughout the training process.
1
Points of Contact
FSQ
Workforce Operations
Urban Resource Center
bO1 West State Street, Suite 314`Jacksonville, FL322O2
(904) 633'8130
M.Jason Carpenter
Fire Academy Of the South
2700 Firefighter Memorial Drive
Jacksonville, FL32245
(904) 997-4953
Customer
April Pearson
Florida Keys Marathon Airport-Monroe County
94UU Overseas Highway, Suite ZUU
Marathon, FL33U5U
305'289'6002
Billft
April Pearson
Florida Keys Marathon Airport-Monroe County
94UU Overseas Highway, Suite ZUU
Marathon, FL33U5U
305'289'6002
Contact Proposed Training Cost
Course Hours Number of perStudent
Participants
Fees, Costs and Payment Terms
The college will bill for the exact number of Firefighter's trained at each session. If the
customer wishes to use accommodation, the customer agrees to pay the college one
hundred twenty-five dollars ($125.00) per room per night (double or single occupancy).
This is to house the number of personnel sent by the customer.
Tuition and fees for all students must be paid by the following schedule:
FSCJ will invoice customer within thirty(30) days from training. Customer shall pay invoice
within thirty(30) days of the invoice date. Payments should be directed to:
Florida State College atJacksonville
Finance Department
Attention: Accounts Receivable
501 West State Street,Jacksonville, FL 32202
.�::..�::ou�_ant:��. .���:..��„.u.�;.lk�ll_���: .f��.�::,°p�r�u�
(904) 632-3003
The secured payment link is:
h ,//cl�uiilkp yDF l—o—n / -0/oninnlemce_�tt7 n em/ yem.c. c uc me em n emm c n c mGl .��nhiimc. Gl .��f m��
Cancellation Policy
Cancellations must be made one (1)week prior to the proposed start date. Cancellation
requests may be made via email to micarpen@fscj.edu, or via phone (904) 997-4953. If
your organization fails to submit a cancellation request within the specified time frame,
FSCJ will invoice for minimum fee listed above
Student Enrollment and Registration
Customer agrees to provide enrollment information for all students.A student may complete
a paper enrollment form or submit enrollment information via the FSCJ online application
portal. No student may participate in training without being registered.
Confidentiality. Customer agrees not to disclose to others, copy or use for any purpose
unrelated to FSCJ's business, directly or indirectly, any trade secret or confidential or
proprietary information or data of or relating to FSCJ or its business or operations that
Customer obtains as a result of, or in connection with, the performance of the Services
("Confidential Information"), provided that the foregoing shall not apply to information that
Customer possessed prior to the commencement of this Agreement or that is generally
known to the public other than as a result of Customer's breach of this Agreement.
3
By my signature below, I accept this proposal and all associated terms and conditions.
Florida State College at Jacksonville Florida Keys Marathon Airport- Monroe County
Dr. Cedrick Gibson Print: Kevin Wilson
Sign: �2. C' l,�u�a�� Sign: �; ...
AVP, Workforce Development & Title: Acting County Administrator
Entrepreneurship
Date: 11/9/2023 Date: 05/14/2024
C7 E COUNTY ATTOn EY
0 1-o
PE 0 J, ADG
ASSI AP9 0 ATTORNEY
Date 5/9/24
4
Financial Information for Invoicing and Resolution
1 . Accounts payable contact information:
Name: Enter Text
Phone: Enter Text
Email Address: Enter Text
Invoice Address: Enter Text .
2. Do you require FSCJ to submit invoices into an online portal? ❑Yes ❑No
If no, skip to Question 5. If yes, please provide submission process:
Enter Text
3. Will a login/password be needed for submitting invoices? ❑Yes ❑No
4. Is there any training required for access to online portal? ❑Yes ❑No
S. Do you have payment terms that are outside of FSCJ's stated due upon
receipt terms? ❑Yes ❑No
If so, please provide terms: Enter Text
7. Is other documentation required with an invoice? Enter Text
8. Please provide additional billing requirements not included above:
Enter Text
Financial Information for Invoicing and Resolution
1 . Accounts payable contact information:
Name: Enter Text
Phone: Enter Text ,.
Email Address: Enter Text
Invoice Address: Enter Text
2. Do you require FSCJ to submit invoices into an online portal? ❑Yes ❑No
If no, skip to Question 5. If yes, please provide submission process:
Enter Text
3. Will a login/password be needed for submitting invoices? ❑Yes ❑No
4. Is there any training required for access to online portal? ❑Yes ❑No
5. Do you have payment terms that are outside of FSCJ's stated due upon
receipt terms?
❑Yes ❑No If so, please provide terms: Enter Text
6. Is other documentation required with an invoice? Enter Text
7. Please provide additional billing requirements not included above:
Enter Text
5
RCRAFT RESCI...... J
"J"
REFIGH o %.
,,
T R A I
70
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10711
The Florida State College at Jacksonville Fire Academy of they
South (FAS) provides a wide range of training and educational
opportunities to emergency responders in both the public
and private sector. Training levels range from basic skills and
certification to advanced education with specific technical training, , ��r
including shipboard firefighting and aircraft rescue firefighting.
The Fire Academy of the South is home to a new state-of-the-art If
ARFF training center, including a 727 fuselage for search and rescue,
737 mockup with 11 different fire scenarios and an E-One Titan
crash truck. �f
/
e ,o
r
J, 1
TUITION $9 90
This class meets all FAA standards for initial training for includes lunch for four days, bunker
airport if firefighters. The class em ha iz
p 9 P s
materials... b reinforcing with tactical a
Y 9 P
.
vane of scenarios including rescue:..air o variety g, P
and fire-fighting techniques. Students will
xeene and accordance with F��j//e A5,09 2424,,
l r
J l ri101-t1 24 r ; ,
Participants who successfully complete the
the written and skills test and meet all prerequisites are
eligible for the NationalBoard on Fire Service Professional June 1
' : August;Qualifcati Qualifications(Pro Board)certification.
%%r�� f1"1
�� I� ' ,,,Sept4fr 30.IVf f' { (+ IY,. lw ,�� c^y �, ? � � i�////G/; Ilw ��l � j/," /i
�� / / %% /
»' r - 4, », November"1.,8.22 2024 ,
ILIVE BURN
RA. , ' a
This five-hour class meets all FAA standards forte certification � '� "'� '
� , ,
under FAR 139.Students will refresh their skill sets in use
of extinguishers, aircraft rescue techniques and operation � �41
of hand lines in controllingan fir (904) 97-4919 ARFF@fscj"ed4
��11111/%G �r t
Year 4 - CY 2024 MTH estimated Florida State College at Jax Fire Academy
13 - 5 Hour Live Burns 465 13 6,045 F-403-63501-530540-SC_00085
1 - 40 Hour Initial Training 990 1 990 F-403-63501-530540-SC_00085
20- Nights Hotel 125 20 2,500 F-403 63501-530400-SC_00400
9,535
4'RNA"�'���Pv
THE FLORIDA KEYS MARATHON INTERNATIONAL AIRPORT
9400 Overseas Highway, Suite #200, Marathon, Florida 33050
Phone: 305-289-6060 - Fax: 305-743-0396
Memorandum
TO: Roman Gastesi, County Administrator
FROM: April Pearson, Business Manager, Airport
DATE: November 20, 2023
RE: Calendar Year—Training for Marathon Airport Rescue Fire Fighters (ARFF)
This memo is to serve as a request for permission for the City of Marathon / Marathon Airport ARFF Fire Fighters
to attend ARFF Training Classes as required to remain in compliance with FAA Part 139 regulations.
Depending on the City of Marathon's staffing levels, during the Calendar Year of 2024, it is anticipated that at
least fourteen fire fighters will need Annual Recurrent 5 Hour Live Burn Training and others may require Initial
Forty-Hour Training.
Training is anticipated to be held either at the Fire Academy of the South at Florida State College—Jacksonville,
or at the Charlotte County Fire & EMS Training Center in Punta Gorda.
There is a Five-Year Master Training Agreement in place for Florida State College covering the period through
December 2025. (January 1, 2024 through December 31, 2024 is Year 4 of the Agreement.)
A Three-Year Small Contract Training Agreement is pending final approval for Charlotte County covering the
period of October 1, 2023 through September 30, 2026. (October 1, 2023 through September 2024 is Year 1 of
the Agreement.)
Depending on training location, estimated costs are as follows:
40 Hour Initial Training Tuition per fire fighter 950
5 Hour Recurrent Training Tuition, per fire fighter 500
Hotel, per night, double occupancy, plus tax 125
Daily per diem maximum per fire fighter 75
Estimated mileage costs, roundtrip 600
Please sign and date if approval is granted.
Thank you.
Ad.. i November 21, 2023
Co6n�ty�to Date
41
THE FLORIDA KEYS MARATHON INTERNATIONAL AIRPORT
9400 Overseas Highway, Suite #200, Marathon, Florida 33050
Phone: 305-289-6060 - Fax: 305-743-0396
MEMORANDUM
TO: Monroe County Purchasing Department
FROM: Richard Strickland, Executive Director of Airports
THROUGH: Michael Legere, Marathon Airport Manager
DATE: 11-3-2023
RE: Small Contract with Charlotte County for ARFF Training
The Marathon Airport is Certificated as a Part 139 Airport by the FAA. The FAA requires specific
Aircraft Rescue Fire Fighting (ARFF) services to be available at the Airport. This requires each
Fire Fighter to take specialized initial Basic 40 Hour Certification and annual Live Fire Aircraft
Burn Recertification and continuing education.
There are two training facilities in Florida that can provide the FAA-required instruction: Florida
State College at Jacksonville's (FSCJ) Fire Academy of the South, located in Jacksonville,
Florida; and the Charlotte County Public Safety Training Center located in Punta Gorda, Florida.
The training fees at both locations are comparable. The 40 Hour Certification at Jacksonville is
$990.00; and is $950.00 at Charlotte County; the Live Burn Recertification is $465.00 at FSCJ
and $500.00 at Charlotte County.
The training at Jacksonville requires an overnight hotel stay and approximately 950 miles round
trip, with a drive time of around 15 hours. The training at Charlotte County would not require
an overnight hotel stay, is approximately 550 miles round trip, with a total drive time of around
9 hours.
Both facilities meet the FAA training requirements, but each location has different equipment
and instructors, thereby providing a variety of training experiences which enhances the value of
ARFF services for the Airport. We have a multi-year contract in place with FSCJ, and a contract
with Charlotte County is required to allow our ARFF personnel the opportunity to train in Punta
Gorda when this is an option.
Thank you.
Monroe County PIrchasing Policy and Procedures
COUNTY ADMINISTRATOR
CONTRACT SUMMARY FO FOR coN-rRACTS LESS THAN $50,000
Contract with.: FL ST Collegge at Jax Contract 9 NA
Effective Date: 1-1-2021
I Expiration Date- 12-31-62025
Contract Purposeffiescriptiow
Master Training and Education Services Agreement to provide F.A.A Part 139 required
� nqel�e 'I
trab 11 !1"7 to Marathon on Aircraft Rescue and Fire .�,( RFf) rsq .
Contract Manager: is 1 ege . 6302 Marathon p fl 5
...................................... .................
(Name) �K.x t) (D c p artment/Stop#)
CORTRACT COSTS
Total Dollar Value of Contract: $ 49,175.00 Current Year Portion. 'S 9,835.00
(must be�Cs than 350.000) ffmigWyllnu agreemem then
mqiAms RX.0 appmal,urtless the
total culnuNNVr almount 0S Irg's Cm ii;
00)
Budgeted?YesM NoEl AccountCodes: 403-63501-5 3 05 4 0...........................................—
Grant: $ -
,Caunty,Mii�E..........$
ADDITIONii.COS�T—S. .......................... ..........................
Estimated Ongoing Costs:NA For: NA
of included in dollar value above e. .maintenance,tifiliti s .ianitax W sell etc.)
CONTRACT REVIEW
Changes Date Out
Date In Needed Reviewer
No DEl E� SPAX.AU epartment Head I'LL Yes 1-14�- 111L
Risk Management 12-22-2020 Yes[:]Nag] 12-22-2020
O.M.B./Purchasing 12/22J20 Yes Ej NoEl r® 12/22/20
County Attorney 12/11/20 YesE]NoE] 12/22/20
Comments: Based on 10-5 hour training sessions at$465 ea; 3 -40 hour!trMa!iMniSL_
Florida State College at Jacksonville-Fire Academy of the South
Marathon Airport Aircraft Rescue Fire Fighter(ARFF)personnel
FAA Part 139 required training
Master Agreement Small Contract Value based on:
10-5 hour Live Bum training sessions at$465 each 4,650
3-40 hour Initial training sessions at$895 each 2,685
20 nights hotel at$125 each 2,500
9,835
5 years 9,835
(January 1,2021 through December 31, 2025) x 5
49,175
R ME
IR ' 'R F UE,
IID ' FIREF TT ,
(A F)' 'TRAIN"I'�
The Flo State Sout (FAS) provides lagwideJ range of itra ni n A
hanci eau atlonat%/r'
oppo0funrties to emergency responders in`tioth the public i
and private sector. Training levels range from basic skills
mo , .f%%�%�ii�
certification to advanced education with s eufu technical [rainin w��' •, „i, y llli
1, ,,, „ `. '.. ,,,/°i// /l///ti,.�„,,„ /l//�
including shipboard firefightrng and aircraft rescue firefighting
The Fire Academ of the South is
y h met anew state of the art o // aiii,/ / ��1/,
,,,,,, ,ri,
fill/ % /r ///%i,rr
ARFF training center, including a 727 fuselage for search
r. oin'a' -/" �
737 mockupwit h`11 different fire scenarios antl an
<crasharuck
t/
, ,r //r //���r ,r //r,///%/%//////,rr, ✓/l//�%�,�rl������l�ti.,. ,., ,:.,,,,i���/lief////,„/L/�l+m I�iNll((�����GI�91����I'�W�l1i��)q�
INITIAL
7�fri 6r�ou '1ldlpl fl f r'vy1'��ir ')a( * $895
��'�� � ,�r� f f�,f���//�� �1�I„�1 TUITI�f�J
This class meets all FAA standards for initial training for includes books, Minch for four dcrys,
airport firefighters, The class emphasizes the iecture bunkergeor and SCBA
`Fef,°zrarr,r r crvjtd;Chit:urr.^1;7�E)rluss
materials by reinforcing with practical application`; in a
variety of scenarios including rescue,airport familirari-at�oix
and fire-fighting techniques. Students will receive hve fire UPCOMING CLASSES
experience and training in accordance with FAR 139. 41 January 27-31, 2020
Participants who successfully complete the course, pass ` February 24-28, 2020
the written and skills test, and ineet ali prerequisites are ' April 20-24, 2020
eligible for the National Board on Fire Service Professional . July 13-17, 2020
Qualifications(Pro Board) certification. * October 5--9, 2020
November 2-6,2020
��," ��1 / ?r/rl� �y/,0w�/� %�y yi �/rpr/ /' jb �1 ✓ ?r i
F��l rl�, �JN� �'�,,fIIVrF"�,c�11 1111t I�I�°I C%»k e u,)
�1 IIIIII' (/JJ�� �1,���I(I(u tt �L �'/'/ �l� I N I ivl/f/(/
iJ Vlr��UN' 'plF /�l�;f�JJ)°i Ill"f",��I f ��i`ll�l�f,�������]JJ,��fDJf
i his f?ve-hour class meets all FAA standards for recer,ificaunmi
under FAR 1'19. Students will refresh their skilN sets M use C(fi)lJlfr ? /XC T F M Of"'It.E
of extinguishers, �i'ircraft rescue techniques afid opPrai':Ror� 1,N Fill 1,,PV,J" 11 )N
of hand lines in controlling an aircraft-relatf,d tire, y.+I' 04) 997- 993 i�ARFF,I,ifsq.ed
FSCJ
Florida State College
at Jacksonville
SCj Florida
State College
Fatjacksonville
Master Training and Education Services Agreement
This Master Training and Education Services Agreement("Agreement") is hereby entered into as of
the date of last signature below by and between Florida State College at Jacksonville("FSCJ"),and
Florida Keys Marathon Airport—Monroe County(hereinafter"Customer").
WHEREAS, FSCJ is a postsecondary educational institution that offers instruction and training services
to students as well as educational training services for employees of its regional industry partners;and
WHEREAS, FSCJ, as part of its mission and goals,offers educational and training services to respond
to workforce development needs of employers;and
WHEREAS,Customer is in need of,and desires to obtain,educational services from FSCJ:
NOWTHEREFORE,the parties hereby agree as follows:
1. Educational Services.All educational services and training courses to be provided by FSCJ to Customer
("Services") shall be documented in a mutually agreed to educational services agreement signed by
authorized°rep"resentatives-of'both parties'("Trainin /Services�Agreement"):°Each Training[Services "..
Agreement shall reference this Agreement and set forth,at a minimum,the educational services to be
provided,any fees for the training and/or educational services and a schedule describing the location
and dates of the services and when the associated fees shall be paid.
2. Fees and Payment.
2.1 Payment Procedures.Payment arrangements for educational service or training fees will be
determined prior to the commencement of each training or educational service provided and
specified in the appropriate Training/Services Agreement.
2.2 FSCJ shall submit to Customer invoices with supporting documentation acceptable to the
Customer on a MONTHLY schedule in arrears. Acceptability to the Customer is based on
generally accepted accounting principles and such laws, rules and regulations as may govern the
Customer's disbursal of funds.
Monroe County's performance and obligation to pay under this contract is contingent upon an
annual appropriation by the BOCC.
2.3 FSCJ shall maintain all books, records,and documents directly pertinent to performance under
this Agreement in accordance with generally accepted accounting principles consistently
applied. Each party to this Agreement or their authorized representatives shall have reasonable
and timely access to such records of each other party to this Agreement for public records
WF Form-00L Master Services Agreement.030419
purposes during the term of the Agreement and for four(4) years following the termination of
this Agreement. If an auditor employed by the Customer determines that monies paid to FSCJ
pursuant to this Agreement were spent for purposes not authorized by this Agreement, FSCJ
shall repay the monies together with interest calculated pursuant to Sec.55.03, FS, running from
the date the monies were paid to FSCJ.
3. Term and Termination
3.1 Term.This Agreement shall be effective when signed by the Parties and thereafter shall remain in
effect forfive(5)years.The parties may enter into multiple Training/Services Agreements provided
that this Agreement remains in effect.
3.2 Termination. Either party may terminate this Agreement upon thirty (30) days written notice.
Individual Training/Services Agreements may be terminated separately according to their
respective terms without affecting this Agreement. However, termination of this Agreement will
serve to terminate any open Educational Services Agreements. Upon receiving such notice, FSCJ
shall immediately cease providing any additional Services under any open Training/Services
Agreements. Upon any termination or expiration of this Agreement, Customer shall pay all
reasonable documented costs and expenses incurred up to the effective date of termination or
expiration of this Agreement.
4. License and Proprietary Rights. Unless otherwise provided in a Training/Services Agreement, FSCJ
owns all rights, including all intellectual property rights, in all original materials it provides to the
,_.Custj oµits,,,studei0�ts,,duri �gtlne d,e � ery�of this tryipij�0g, iJl,c ud'ung air y�cufril�cu� Uimatfur �k
Customer agrees that it shall not permit anyone either to duplicate or reproduce any materials in any
manner without FSCJ's prior written permission.
5. Notice.Any notice required or permitted by this Contract shall be given to the following representative
of each party, at the address set forth below, by hand delivery; by registered mail, return receipt
requested; or by overnight mail or courier service, signed acknowledgement of receipt required.
Notice shall be deemed as given on the day of receipt of the notice, as indicated on the signed and
dated receipt of acknowledgement,or on the date of hand delivery:
F +CJ: Workforce Operations
FSCJ Urban Resource Center
601 West State Street,Suite 314,Jacksonville, FL 32202
(904)633-8130/wor orceops(c sci.e u
With a copy to: Office of General Counsel
Florida State College at Jacksonville
500 West State Street,Suite 403
Jacksonville, FL 32202
WF Form-001:Master Services Agreement.030419
Client's Contact Person April Pearson
Florida Keys Marathon Airport—Monroe County
9400 Overseas Highway,Suite 200
Marathon, FL 33050
305-289-6002
Pearson-april@monroecounty-fl.gov
6. Political Subdivision.The parties hereto acknowledge and agree that FSCJ is a political subdivision of
the State of Florida.As such, FSCA performance under this contract and any amendments hereto or
attachments connected herewith, shall at all times be subject to any and all state laws, state
regulations and District Board of Trustee Rules which are applicable to FSCJ's operations,
commitments and/or activities in furtherance of any terms specified herein. Furthermore, nothing
contained herein shall be construed or interpreted as: (i) denying to either party any remedy or defense
available to such party under the laws of the State of Florida;(ii)the consent of the College to be sued;or
(iii)a waiver of sovereign immunity of the College beyond the waiver provided in Section 768.28, F.S.As
College is a political subdivision of the State of Florida, this Agreement is subject to the applicable
provisions of Florida Statutes regarding public access and other issues. This Agreement is executed
and entered into in the State of Florida,and shall be construed, performed and enforced in all respects
in accordance with the Florida law including Florida provisions for conflict of law.
7. Miscellaneous.
7.1 Sovereign Immunity.
�indernnri'icatio`n.""°''I'SCJ,°'as"a p'oll'ifica�subdivision`definem m Section 76n8,F5rida Statutes,agrees'"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 FSCJ, and agrees
to be liable to the statutory limits for any damages proximately caused by said acts or omissions,or
intentional tortious acts,
The Customer, as a political subdivision of the State of Florida,as defined in Section 768.28, Florida
Statutes,agrees to be fully responsible to the limits set forth in such statute for its own negligent
acts or omissions,or intentional tortuous acts, which result in claims or suits against either the FSCJ
or Customer,and agrees to be liable to the statutory limits for any damages proximately caused by
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.
WF Form-001:Master Services Agreement.,030419
7.2 Public Records.
FSCJ must comply with Florida public records laws, including but not limited to Chapter 119, Florida
Statutes and Section 24 of article I of the Constitution of Florida.The Customer and FSCJ shall allow
and permit reasonable access to, and inspection of,all documents,records, papers,letters or other
"public record" materials in its possession or under its control subject to the provisions of Chapter
119, Florida Statutes, and made or received by the Customer and FSCJ in conjunction with this
contract and related to contract performance. The Customer shall have the right to unilaterally
cancel this contract upon violation of this provision by FSCJ. Failure of FSCJ to abide by the terms of
this provision shall be deemed a material breach of this contract and the Customer may enforce
the terms of this provision in the form of a court proceeding and shall,as a prevailing party, 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.
FSCJ is encouraged to consult with its advisors about Florida Public Records Law in order to comply
with this provision.
Pursuant to F.S. 119.0701 and the terms and conditions of this contract, FSCJ is required to:
(1) Keep and maintain public records that would be required by the County to perform the
service.
(2) Upon receipt from the Customer's custodian of records, provide the Customer with a copy of
the requested records or allow the records to be inspected or copied within a reasonable time at a
cost that does not exceed the cost provided in this chapter or as otherwise provided by law.
(3) Ensure that public records that are exempt or confidential and exempt from public records
disclosure requirements are not disclosed except as authorized by law for the duration of the
contract term and following completion of the contract if FSCJ does not transfer the records to the
Customer.
(4) Upon completion of the contract,transfer, at no cost,to the Customer all public records in
possession of FSCJ or keep and maintain public records that would be required by the Customer to
perform the service. If FSCJ transfers all public records to the Customer upon completion of the
contract, FSCJ shall destroy any duplicate public records that are exempt or confidential and
exempt from public records disclosure requirements. If FSCJ keeps and maintains public records
upon completion of the contract, FSCJ shall meet all applicable requirements for retaining public
records.All records stored electronically must be provided to the County,upon request from the
Customer's custodian of records, in a format that is compatible with the information technology
systems of the Customer.
(5) A request to inspector copy public records relating to a Customer contract must be made
directly to the Customer,but if the Customer does not possess the requested records,the
Customer shall immediately notify FSCJ of the request,and FSCJ must provide the records to the
Customer or allow the records to be inspected or copied within a reasonable time.
If FSCJ does not comply with the Customer's request for records,the Customer shall enforce the
public records contract provisions in accordance with the contract,notwithstanding the Customer's
option and right to unilaterally cancel this contract upon violation of this provision by FSCJ.
FSCJ shall not transfer custody, release, alter,destroy or otherwise dispose of any public records
unless or otherwise provided in this provision or as otherwise provided by law.
WF Farm-001:Master Services Agreement.030419
IF FSCJ HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES,TO
THE FSCJ'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT,CONTACT THE
CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY,AT(305) 292®3470,BRADLEY-
BRIAN@MONROECOUNTY-FL.GOV. MONROE COUNTY ATTORNEY'S OFFICE, 111112th STREET,
SUITE 408, KEY WEST, FL 33040.
7.3 Independent Contractors. The parties are independent contractors and neither party shall have
supervision or control over the other parry's employees, faculty, staff, students, representatives
or volunteers in the performance of their duties.
7.4 Authority. Each person signing on behalf of the parties to the Agreement represents and warrants
that he/she has full authority to execute the Agreement on behalf of such party and that the
Agreement will constitute a legal and binding obligation of such party.
7.5 Force Maieure. No default, delay or failure to perform on the part of the either party shall be
considered a default,delay or failure to perform otherwise chargeable, hereunder,if such default,
delay or failure to perform is due to causes beyond either party's reasonable control including,but
not limited to, strikes, lockouts or inactions of governmental authorities; epidemics; acts of
terrorism; war; embargoes; fire; earthquake; acts of God; or default of common carrier. In the
event of such default, delay or failure to perform, any date or times by which either party is
otherwise scheduled to perform shall be extended automatically for a period of time equal in
duration to the time lost by reason of the excused default,delay or failure to perform.
7.6 Governing Law. This Agreement shall be governed by and construed in accordance with the laws
�»»»»»>�"� �'of,the-State•ofFiorida,without��giving effect-to•its�choice=of,law,provisionsrVenue•for any-litigat
mediation, or other action proceeding between the parties arising out of this Agreement lies in
Jacksonville, Florida.
7.7 Counterparts/Facsimile/Electronic Signatures. The Parties agree that this Agreement may be
executed and delivered by facsimile, electronic mail, or any other suitable electronic means, and
the Parties agree that signatures delivered by any of the aforementioned means shall be deemed
to be original,valid,and binding upon the Parties.This Agreement may be executed in one or more
counterparts,each of which shall be deemed an original, but all of which together shall constitute
one and the same Agreement.
7.8 Media Release.Customer hereby consents to the use by FSCJ,and those acting with permission and
authority of FSCJ, to list the Customer as a partner, in any and all media including the Internet,
without limitation,including promotion,solicitation,advertising or trade.Customer is fully aware
that the Customer's name and logo may appear in materials available to students,parents,faculty
or staff of FSCJ, and individuals outside of the FSCJ community. Customer waives any right to
inspect or approve the finished images or other content, including advertising copy or printed
matter,in which they may be used.Customer understands that any distribution of the images will
be fully compliant with FSCJ policies, statements and values. Customer understands that all
WF Form-001:Master Services Agreement.030419
images,including film,photographic prints,digital files or video are the exclusive property of FSCJ
and Customer grants to FSCI the unrestricted right to copyright,publish and republish the images.
7.9 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 91616), 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 VIII 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
discrimination on the basis of race, color,sex, religion, national origin,ancestry,sexual
orientation,�gen1' er identity or expression, ��A.. ,„� ».rz""'I. „m, — �,u. ,, ."",<u, Ra. .
ion,famijia'(status or age;a6 11)any of ier
nondiscrimination provisions in any federal or state statutes which may apply to the parties
to,or the subject matter of,this Agreement.
7.10Ethics Clause.
FSCI warrants that he/it had not employed, retained or otherwise had act on his/its behalf
any former Customer/County officer or employee subject to the prohibition of Section 2 of
Ordinance No.010-1990 or any Customer/County officer or employee in violation of Section
3 of Ordinance No.020-1990. For breach or violation of this provision the Customer may, in
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 Customer/County officer
or employee.
7.11Public 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
wF Form-001:Master Services Agreement.030419
not transact business with any public entity in excess of the threshold amount provided in
Section 287.017,for CATEGORY TWO for a period of 36 months from the date of being
placed on the convicted vendor list.
7.12 Accreditation Information.
Florida State College at Jacksonville is accredited by the Commission on Colleges of the
Southern Association of Colleges and Schools(SACSCOC). Per SACSCOC policy,at least 25
percent of the credit required to earn a credential must be earned through instruction
offered by the institution awarding the credit while the student is officially enrolled at FSCJ.
y their duly authorized signatures below,the parties hereby enter into this Services Agreement:
Florida State College at Jacksonville Client: Florida Keys Marathon Airport — Monroe
Signed by: . r County
Print: C46— O4—„ at 14 SOK
— rr ,, 11 /� Signed by:
Title V 0 T W�l Ojeer 19et)
' r ?Print: �"
Date: 1 ?_— j 202D Title: CVUr7Mj
Date: I ,. - )
mvtGYN v'tpit^aam l trcrWXt ,,,d..� ul�..�Ml. i. �O.:vtio / l vrc-... i ali.i<'a�. �rtrt'd rvn animi nr�.�w �m;x�vwrmnmmn ,, .
NROE COUNTY ATTORNEY
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ASSIMI NTY AT1rOFWEY
Date 12/11/20
wF Form-001:Master Services Areement.03 19