1st Revision 04/16/2003
DANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DA TE:
December 2, 2003
TO:
Anne Layton Rice
Library Administrator
Pamela G. Hanco(jf--
Deputy Clerk
FROM:
At the April 16, 2003, Board of County Commissioner's Meeting the Board granted
approval and authorized execution of a Revised Service Agreement between Monroe County and
Literacy Volunteers of America - Monroe County, Inc., for the development of curriculum for
hospitality workplace literacy, tutoring of students in English as a second language, corrections',
facilities, and family literacy.
Enclosed is a duplicate original of the above-mentioned for your handling. Should you
have any questions please do not hesitate to contact this office.
cc: County Administrator w/o document
County Attorney
Finance
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REVISED SERVICE AGREEMENT
1HIS AGREEMENT is made and entered into by and between the Board of
County Commissioners of Monroe County, Florida, (hereinafter referred to as the
"County") and Literacy Volunteers of America-Monroe County, Inc. (Hereinafter referred
to as "LV A");
WHEREAS, the County entered into an agreement with LV A October 16, 2002; and
WHEREAS, it is necessary to revise certain record retention and insurance language;
NOW THEREFORE; in consideration of the mutual promises contained herein, the
parties agree that the Service Agreement entered into October 16, 2002, shall be revised to
read as follows:
1. County shall pay a sum not to exceed $70,000.00 for literacy services as
described in the grant application "Library Service for Limited English Proficient Hospitality
Workers" (incorporated herein by reference). Payment will be made only after LV A submits
invoices and support documentation acceptable to the County's Finance Department.
2. LV A also understands that the grant process through which this funding was
made available requires LV A to submit their payment requests as timely as possible and to
finalize all such requests before the end of the grant period. LV A agrees to submit by
September 20, 2003, all invoices and support documentation as required by the County's
Finance Department rules and policies. LV A shall not be reimbursed nor will LV A's vendors
be paid direcdyfor any invoices received by the County after September 30,2003.
3. LV A shall reimburse County for any audit exceptions identified by County
should the records be audited through the availability and access described in paragraph 5.
4. LV A covenants and agrees to indemnify and hold harmless Monroe County
Board of County Commissioners from any and all claims for bodily injury (including death),
personal injury, and property damage (including property owned by Monroe County,) and
any other losses, damages, and expenses (including attorney's fees) which arise out of, in
connection with, or by reason of the services provided, or other activities and funding
associated with this agreement. LV A covenants and agrees to the attached General Liability
and Workers' Compensation Insurance Requirement.
5. LV A shall maintain records pursuant to generally accepted accounting
principles for five (5) years after the grant period and shall permit County and its agents and
employees access to said records at reasonable times.
6. County may tenninate this agreement, with or without cause, upon providing
written notice to LV A at least seven (7) days prior to the effective date of the tennination.
No new tasks shall be commenced after receipt of notice of tennination.
7. LV A is an independent contractor and shall disclose any potential conflicts
of interest as defined by Florida Statutes, Chapter 112 and Monroe County Code, Article
XXI.
8. LV A warrants that he/she/it has not employed, retained or otherwise had
act on his/her/its behalf any former County officer or employee in violation of Section 2 or
Ordinance No. 10-1990 or any County officer or employee in violation of Section 3 of
Ordinance No. 10-1990. For breach or violation of the provision the County may, at its
discretion terminate this contract without liability and may also, at 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 or present County officer or employee.
9. 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 consultant under a contract with any public entity,
and may not transact business with any public entity in excess of the threshold amount
provided in Section 287.017, for CATEGORY lWO for a period of 36 months from the
date of being placed on the convicted vendor list.
(SEAL)
Board of County Commissioners
I I ~f_Monroe County ~ ."
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Mayor J'"I1~-< ? -r'I
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Literacy ~u~e?~
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Attest:
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Secretary
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GENERAL LIABILITY
INSURANCE REQUIREMENTS FOR
SERVICE AGREEMENT
BETWEEN
MONROE CoUNTY BOARD OF CoUNTY CoMMISSIONERS
AND
LITERACY VOLUNTEERS OF AMERICA, INC.-MONROE CoUNTY
Prior to the commencement of work governed by this contract, the Contractor shall obtain
General Liability Insurance. Coverage shall be maintained throughout the life of the contract
and include, as a minimum:
. Premises Operation
. Products and Completed Operations
. Blanket Contractual Liability
. Personal Injury Liability
. Expanded Definition of Property Damage
The minimum limits acceptable shall be:
$300,000 Combined Single Limit (Q;L)
If split limits are provided, the minimum limits acceptable shall be:
$100,000 per Person
$300,000 per Occurrence
$50,000 Property Damage
An Occurrence Form policy is preferred. If coverage is provided on a Cairns Made policy,
its provisions should include coverage for claims filed on or after the effective date of this
contract. In addition, the period for which claims may be reponed should extend for a
minimum of twelve (12) months following the acceptance of work by the County.
The Monroe County Board of County Commissioners shall be named as Additional Insured
on all policies issued to satisfy the above requirements.
WORKERS' COMPENSATION
INSURANCE REQUIREMENTS FOR
SERVICE AGREEMENT
BETWEEN
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
AND
LITERACY VOLUNTEERS OF AMERICA, INC.-MONROE COUNTY
Prior to the commencement of work governed by this contract, the Contractor shall obtain
Workers' Compensation Insurance with limits sufficient to respond to Florida Statue 440.
In addition, the Contractor shall obtain Employers' Liability Insurance with limits of not less
than:
$100,000 Bodily Injury by Accident
$500,000 Bodily Injury by Disease, policy limits
$100,000 Bodily Injury by Disease, each employee
Coverage shall be maintained throughout the entire term of the contract.
Coverage shall be provided by a company or companies authorized to transact business in
the state of Florida.
If the Contractor has been approved by the Florida Department of Labor as an authorized
self-insurer, the County shall recognize and honor the Contractor's status. The Contractor
may be required to submit a Letter of Authorization issued by the Department of Labor and
a Qrtificate of Insurance, providing details on the Contractor's Excess Insurance Program.
If the Contractor participates in a self-insurance fund, a Qrtificate of Insurance will be
required. In addition, the Contractor may be required to submit updated financial statements
from the fund upon request from the County.
, .
FEB-02-1900 00:24
P.Ol
1996 Editioll
MONROE COUNTY, FLORIDA
Request For Waiver
of
Insurance Requirements
It ii requested tbat the insurance requin:mcnts, as specified in the County's Scl1edulc of Insurance! Requirements, be
waived or modified on tl1e following contract.
Contractor:
I.iteracy Volunteers of America-Monroe County
Contnlet for:
Monroe County Board of County Commissioners
Adclress of Contractor:
812 Southard Street, Buildinlil #3. Key West. FI. 33040
Phone:
(305)294-4352
Scope of Work:
provide literacy services as described in the grant applicatiOt"l "Ubrary S4lrvlces
for Limited English ProfiCilllnt Hospitality Workers."
Reucn for Waiver:
Literacy Volunteers of America-Monroe County does not have staff on payroll.
Policies Waiver
wiU apply to:
General Liability and Workers' Compensation
Date
Not Approved
Signature of Contractor:
Risk l'vla11a&ement
County Administrator appeal:
Approved:
Not Appto'vcd:
Date:
Bom:! of County Commissioners Ilweal:
Approved:
Not Approved:
Meeting Date:
" .}.
Adminilttltior1 Instruction
#4709.3
103
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