Item P10
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date April 19,2006
Bulk Item: --1L Yes _No
Division: COUNTY ADMINISTRATOR
Staff Contact Person: Debbie Frederick
AGENDA ITEM WORDING:
Approval of an Agreement with Advanced Data Solutions, Inc., Contract #101-555-
2567A for IT consulting, support and service of County's IT related platforms and
hardware.
ITEM BACKGROUND:
On November 16, 2005 the County entered into a similar Agreement with Advances Data
Solutions, Inc. It became evident that the initial agreement was ambiguous and difficult
to interpret when the Clerk of Court began to attempt to pay the invoices. Therefore the
initial Agreement had to be terminated and a new agreement put in its place. This
Agreement relates to the mechanical aspects of IT for all County departments including
installation, design and delivery of the actual systems. This contract is a piggyback on
State Contract #973-651-04-02.
PREVIOUS RELEVANT BOCC ACTION:
On November 16, 2005 the County entered into a similar Agreement with Advances Data
Solutions, Inc. which had to be terminated due to problems with the interpretation of
contract payments under the State Contract.
CONTRACTI AGREEMENT CHANGES
This Agreement is to clear up any payment issues under the State Contract and to insure
payment as directed by that State Contract.
ST AFF RECOMMENDATIONS:
Approval
TOTAL COST: $185,435.25
COST TO COUNTY: $185,435.25
BUDGETED: YES -2L NO
SOURCE OF FUNDS: Ad Valorem
REVENUE PRODUCING: YES
NO--1LAMOUNTPERMONTH_ Year
APPROVED BY: County Atty-L OMB/Purchasing -L Risk Management_X_
DIVISION DIRECTOR APPROVAL:
9JeMie !i~
(Debbie Frederick)
DOCUMENT A TION:
Included X
Not Required
DISPOSITION:
ADS contract #101-555-2567A
AGENDA Item#
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Advanced Data Solutions Contract #_ 101-555-2567 A
Effective Date: 04- ] 9-06
Expiration Date: 09-30-09
Contract Purpose/Description:
Approval of an Agreement with Advanced Data Solutions, Inc., Contract #101-555-
2567 A for IT consulting, support and service of County's IT related platforms and
hardware.
Contract Manager: Debbie Frederick 4741 CAD/Stop #l
(Name) (Ext. ) (Department/Stop #)
for BOCC meeting on 04-19-06 Agenda Deadline:
CONTRACT COSTS
Total Dollar Value of Contract: $ 185,435.25
Budgeted? Yesk8J No 0 Account Codes:
Grant: $
County Match: $
Current Year Portion: $
001-05002-530340-_ _
- - - -
-----
- - - -
-------
ADDITIONAL COSTS
Estimated Ongoing Costs: $~yr For:
(Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
Changes //.~....... i ,
/ .
Date In Needed \ / .__", .. (' "Revi~we~. ,! /
Division Director YesO Nog..:--',}",:,/i >"~. C ('~. ~j..l \. ( '.'
Date Out
o .M.B./Purchasing
YesONoD
YesDNoD
Risk Management
County Attorney
YesD
Comments:
OMB Form Revised 2/27/01 MCP #2
~lOfj2~t<\,51 6
MONROE COUN1Y l\Tf
100900 ;U11
04-12 2006
2 ;10
AGREEMENT BETWEEN MONROE COUNTY
AND ADVANCED DATA SOLUTIONS, INC.
FOR IT CONSULTING AND IT SUPPORT AND SERVICE
(Contract Number lOl-555-2567A)
THIS AGREEMENT, made and entered into this _ day of April, 2006, by and between
MONROE COUNTY, a political subdivision of the State of Florida rCOUNTY"), whose
address is 1100 Simonton Street, Key West, Florida 33040, and Advanced Data
Solutions, Inc., a Florida Corporation, whose address is 141 Scarlet Boulevard, Suite A,
Oldsmar, Florida 34677 ("ADS"}.
WHEREAS, ADS and COUNTY entered into a previous agreement identified as
"Professional Services Agreement between Monroe County and Advanced Data
Solutions, Inc_, contract number 101-555-2567" ('"Contract Number 101-555.2567"),
which was entered into on the16th day of November, 2005; and
WHEREAS, said Contract Number 101~555-2567 has proven to be probiematic
due to numerous difficulties and ambiguities in interpretation of the terms, clauses
and Exhibits; and
WHEREAS, ADS and COUNTY mutually agree to tenninate Contract Number
101-555-2567; and
WHEREAS, ADS has entered into a contract with the State of Florida, known as
State Contract #973-651-04-02, entitled IT Consulting Services ("State Contract"), and
which can be located at MyFlorida.com; and
WHEREAS, ADS is a qualified vendor under Project Area 3 and Project Area 4 of
the State Contract; and
WHEREAS, ADS and COUNTY agree to enter into this Agreement to provide IT
support and service to the various County departments relating to the mechanical
aspects of IT applications and ;
NOW THEREFORE, in considerntion of the mutual covenants and provisions contained
herein, the COUNTY and ADS agree as follows: That COUNTY and ADS hereto, for the
consideration hereinafter set forth, mutually agree as follow:
L THE AGREEMENT
The Agreement consists of this document and its exhibits only. Any other Agreements
between ADS and COUNTY are separate independent agreements and shall be read,
interpreted and enforced as separated independent agreements.
This Agreement replaces that Contract entered into between ADS and COUNTY on the
16th day of November, 2005, also known as contract number 101-555-2567, said
contract being tenninated by mutual agreement of ADS and the COUNTYo
2. ~COPE OF THE WORK
ADS \\>il1 provide IT support and service to the county wide applications and
infrastructure which support the County's IT related platforms and hardWare. This
Agreement relates to the mechanical aspects of IT, including installation, design and
delivel}' of the actual systems.
Contract fl101-555-2567A
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MONROE COUNTY AfT
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ADS will pravide 1 to 2 employees two times a month. ADS will also provide the County
Administrator with a monthly report which >ViII detail progress in the County IT
Department, the goal is for the County IT Department to become self sufficient. The
Report shall be turned in within 30 days of the last day of each month, unless written
extension of the time for submission is given by the County Administl"ator prior to the
time the report is due.
3. PAYMENTS TO ADS
A.. COUNTY'S perlormance and obligation to pay under this agreement, is
contingent upon annual appropriation by the Board of County Corrunissioners.
B. COUNTY shall pay in accordance with the Florida Prompt Payment Act;
payment will be made periodically, but no more frequently than monthly, in arrears as
hereinafter set forth..
C.. This Agreement falls under the "piggy back'" provisions of Monroe County
Purchasing Policy, therefore all payments shall match payments under the State
Contract #973~651-04-02; and
D.. ADS shall submit to County an invoice with supporting documentation
acceptable to the Clerk on a schedule as set forth in the Agreement, invoices shall
include documentation to support expenses (including but not limited to travel, hotel,
per diem costs) and services under price sheets outlined in the State Contract Area 3
and Area 4. Invoices shall delineate enough infonnation so that the Clerk can match
the Job Family, Job Number, Job Title and hourly rate to the State Contract.
K The hourly rate paid to ADS shall be, at a maximum, the mid rate figure as
set out on the price sheets or if no mid rate is available at the next rate below the top
rate, and at no time shall COUNTY pay the top rate for any service under the State
Contract. Acceptability to the Clerk is based on provisions of the State Contract,
generally accepted accounting principles and such Jaws, rules and regulations as may
govern the Clerk's disbursal of funds.
F, Total Compensation to ADS under this Agreement shall not exceed One
Hundred anrl Eighty-Five Thousand and Four hundred Thirty-Five DoUars and
25(cents ($185,435.25.. COUNTY and ADS recognize that there are outstanding
invoices which should be paid under the previous contract, and agree that these shall
be submitted to the County Attorney with back-up documentation for review and shall,
where appropriate, be paid under this Agreement: however, the total contract amount
shall not exceed One Hundred and Eighty-Five Thousand and Four hundred Thirty-Five
Dollars and 25/cents ($185,435.25), including any payment on the outstanding
invoices.
4. TERM OF AGREEMENT
The term of this Agreement commences on the date of execution of the Agreement by all
the parties, 2006, and ends on the 30th day of September, 2009 unless tenninated
earlier under paragraph 18 of this Agreement or the total compensation has been paid
whichever comes first.
5. ACCE[YfANCE OF CONDITIONS BY ADS
ADS has, and shall maintain throughout the term of this Agreement, appropriate
licenses; and shall at all times remain an approved vendor under State Contract
number 973~561~04-2, Project Area 3 and Project Area 4. Proof of such licenses and
approvals shalL be submitted to the County upon request.
The ADS agrees that the County Administrator may designate representative(s) to visit
the ADS facility(iesl periodically to conduct random open file evaluations during the
normal business hours.
Contract ~lOl-S55-2567A
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The ADS has, and shall maintain throughout the term of this contract, appropriate
licenses and approvals required to conduct its business, and that it will at all times
conduct its business activities in a reputable manner. Proof of such licenses and
approvals shall be submitted to the County upon request.
6. FINANCIAL RECORDS OF ADS
ADS shall maintain all books, records, and documents directly pertinent to performance
under this Agreement in accordance with generally accepted accounting principles
consistently applied. 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 purposes during the term of the Agreement and for four
years fonowing the termination of this Agreement. If an auditor employed by the
County or Clerk determines that monies paid to ADS pursuant to this Agreement were
spent for purposes not authorized by this ~ment, the ADS shall repay the monies
together with interest calculated pursuant to Sec. 55.03, FS, running from the date the
monies were paid to ADS.
7. PUBLIC ACCESS
The County and ADS shall allow and permit reasonable access to, and inspection of, all
documents, papers, letters or other materials in its possession or under its control
subject to the provisions of Chapter 119, Florida Statutes, and made or received by the
County and ADS in conjunction with this Agreement; and the County shall have the
right to unilaterally cancel this Agreement upon violation of this provision by ADS.
8. HOLD HARMLESS AND INSURANCE
ADS 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 services provided by ADS occasioned by the
negligence, errors, or other wrongful act of omission of ADS, its employees, or agents.
The extent of liability is in no way limited to, reduced, or lessened by the insurance
requirements contained elsewhere within this agreement. Failure of ADS to comply with
the requirements of this section shall be cause for immediate termination of this
agreement.
Prior to execution of this agreement, ADS shall furnish the COUNTY Certificates of
Insurance indicating the minimum coverage limitations in the following amounts:
WORKERS COMPENSATION AND EMPLOYER'S UABILTIY INSURANCE.
Where applicable, coverage to apply for all employees at a minimum statutory limits
as required by Florida Law.
COMPREHENSIVE AUTOMOBILE VEHICLE LIABILITY INSURANCE:
Motor vehicle liability insurance, including applicable no.fault coverage, with limits of
liability of not less than $1,000,000.00 per occurrence, combined single limit for Bodily
Injury Liability and Property Damage Liability, Coverage shall include all owned
vehicles, all non.owned vehicles, and all hired vehicles.
COMMERCIAL GENERAL UABIUTY. Commercial general liability coverage with
limits of liability of not less than $1,000,000.00 per occurrence combined single limit
for Bodily Injury Liability and Property Damage Liability_
Contract #101-S55-2567A
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PROFESSIONAL LIABILITY. ADS shall furnish professional liability errors and
omissions insurance coverage in an amount not less than $1,000,000.00, which covers
its employees in executive and or managerial positions with the company.
CERTIFICATES OF INSURANCE. Original Certificates of Insurance shall be
provided to the COUNTY at the time of execution of this Agreement and certified copies
provided if requested. Each policy certificate shall be endorsed with a provision that not
less than thirty (30) calendar days' written notice shall be provided to the County before
any policy or coverage is canceled or restricted. The underwriter of such insurance shall
be qualified to do business in the State of Florida. If requested by the County
Administrator, the insurance coverage shall be primary insurance ",ith respect to the
County, its officials, employees, agents and volunteers.
9. NON-WANER OF IMMUNITY
Notwithstanding the provisions of Sec. 286.28, Florida Statutes, the participation of
County and ADS in this Agreement and the acquisition of any commercial liability
insurance coverage, self-insurance coverage, or local government liability insurance
pool coverage shall not be deemed a waiver of immunity to the extent of liability
coverage, nor shall any Agreement entered into by the County be required to contain
any provision for waiver.
10. INDEPENDENT CONTRACTOR
At all times and for all purposes under this agreement ADS is an independent
contractor and not an employee of the Board of County Commissioners of Monroe
County. No statement contained in this agreement shall be construed so as to fInd ADS
or any of his employees, subcontractors, servants, or agents to be employees of the
Board of County Commissioners of Monroe County.
11. NONDISCRIMINATION
County and ADS agree that there will be no discrimination against any person, and it is
expressly understood that upon a determination by a court of competent jurisdiction
that discrimination has occurred, this Agreement automatically terminates without any
further action on the part of any party, effective the date of the court order, County or
ADS 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: I} Title
VI of the Civil Rights Act of 1964 (PI.. 88~352) which prohibits discrimination on the
basis of race, (".olor or national origin; 2) Title IX of the Education Amendment of 1972,
as amended (20 USC ss. 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
use s. 794), which prohibits discrimination on the basis of handicaps; 4' The Age
Discrimination Act of 1975, as amended (42 USC 88.6101- 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 1912,88.
523 and 527 (42 use S'S. 69Odd-3 and 290ee-3), as amended, relating to confidentiality
of alcohol and drug abuse patent records; 8) Title VIII of the Civil Rights Act of 1968 (42
use s. et seq.), as amended, relating to nondiscrimination in the sale, rental or
financing of housing; 9} The Americans with Disabiliti.es Act of 1990 (42 use s. 1201
NoteJ, as maybe amended from time to time, relating to nondiscrimination on the basis
of disability; 10j Any other nondiscrimination provisions in any Federal or state
statutes which may apply to COUNTY and ADS to, or the subject matter of, this
Agreement.
Contract # 101 -555.2567 A
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12. ASSIGNMENT/SUBCONTRACT
ADS shall not assign or subcontract its obligations under this agreement, except in
';,.vriting and with the prior ,"vritten approval of the Board of County Commissioners of
Monroe County and ADS, which approval shall be sUbject to such {,,-Onditions and
provisions as the Board may deem necessary. This paragraph shan be incorporated by
reference into any assignment or subcontract and any assignee Or subcontractor shall
comply with all of t.'le provisions of this agreement. Unless expressly provided for
therein, such approval shall in no manner or event be deemed to impose any additional
obligation upon the board.
13. COMPUANCE WITH LAW AND LICENSE REOUJREMMENTS
In providing all services/goods pursuant to this agreement, ADS shall abide by an
statutes, ordinances, rules and regulations pertaining to, or regulating the provisions
of, such services, induding those now in effect and hereinafter adopted. Any violation
of said statutes, ordinances, rules and regulations shall constitute a material breach of
this agreement and shall entitle the Board to terminate this Agreement. ADS shall
possess proper licenses to perform work in accordance with these specifications
throughout the term of this Agreement.
14. DISCLOSURE AND CONFLICT OF INTEREST
ADS represents that it, its directors, principles and employees, presently have no
interest and shall acquire no interest, either direct or indirect, which would conflict in
any manner with the performance of services required by this contract, as provided in
Sect. 112.311, et. seq., Florida Statutes. County agrees that officers and employees of
the County recognize and will be required to comply with the standards of conduct for
public officers and employees as delineated in Section 112.313, Florida Statutes,
regarding, but not limited to, solicitation or acceptance of gifts; doing business with
one's agency; unauthorized compensation; misuse of public position, conflicting
employment or contractual relationship; and disclosure or use of certain information.
Upon execution of this contract, and thereafter as changes may require, the ADS shall
notify the County of any financial interest it may have in any and all programs in
Monroe County which the ADS sponsors, endorses, recommends, sUpe1Vises, or
requires for counseling, assistance, evaluation, or treatment. This provis.ion shall apply
whether or not such program is required by statute, as a condition of probation, or is
provided on a voluntary basis.
The County and ADS warrant that, in respect to itself, it has neither employed nor
retained any company or person, other than a bona fIde employee working solely for it,
to solicit or secure this Agreement and that it has not paid or agreed to pay any person,
company, corporation, individual, or fIrm, other than a bona flde employee working
solely for it, any fee, commission, percentage, gift, or other consideration contingent
upon or resulting from the award or making of this Agreement, For the breach or
"violation of the provision, the ADS agrees that the County shall have the right to
terminate this Agreement without liability and, at its discretion, to offset from monies
owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or
consideration.
15. NO PLEDGE OF CREDrT
ADS shall not pledge the County's credit or make it a guarantor of payment or surety
for any contract, debt, obligation, judgment, lien, or any form of indebtedness. ADS
further warrants and represents that it has no obligation or indebtedness that would
impair its ability to fulfill the terms of this contract.
Contract #lOI-555-2567A
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MONROE COUNTY ATf
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16. NOTICE REQUIREMENT
Any notice required or permitted under this agreement shall be in writing and hand
delivered or mailed, postage prepaid, to the other party by certified mail, returned
receipt requested, to the following:
FOR COUNTY
Monroe County Court Administrator
1100 Simonton Street
Key West, FL 33040
and County Attorney
PO Box 1026
Key West. Fi. 33041-1026
FOR ADS:
Rob Buell
Advanced Data Solutions, Inc.
141 Scarlet Boulevard, Suite A
Oldsmar, Florida 34677
and Melody Buell
Advanced Data. Solutions, Inc.
141 Scarlet Boulevard, Suite A
Oldsmar, Florida 34677
17. TAXES
County is exempt from payment of Florida State Sales and Use taxes. ADS shall not be
exempted by virtue of the County's exemption from paying sales tax to its suppliers for
materials used to fulfill its obligations under this contract, nor is ADS authorized to use
the County's Tax Exemption Number in securing such materials. ADS shall be
responsible for any and all taxes, or payments of withholding, related to services
rendered under this agreement.
18. TERMINATION
The County may terminate this Agreement with or without cause, The County may
terminate this Agreement for cause with seven (7) days notice to ADS. Cause shall
constitute a breach of the obligations of ADS to perform the obligations enumerated
under this Agreement. Either of COUNTY and ADS hereto may terminate this
Agreement without cause by giving the other party sixty (601 days written notice of its
intention to do so.
19. 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 Agreements made and to be performed entirely in the
State. In the event that any cause of action or administrative proceeding is instituted
for the enforcement or interpretation of this Agreement, the County and ADS agree that
venue will lie in the appropriate court or before the appropriate administrative body in
Monroe County, Florida
20. MEDIATION
The County and ADS agree that, in the event of conflicting interpretations of t.1te tenns
or a term of this Agreement by or between any of them the issue shall be submitted to
mediation prior to the institution of any other administrative or legal proceeding.
Mediation proceedings initiated and conducted pursuant to this Agreement shall be in
accordance with the Florida Rules of Civil Procedure and usual and customary
procedures required by the circuit court of Monroe County.
Contract #101-55S-2567A
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MONROE COUN1Y ATT
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21. SEVERABILITY. If any term, covenant, condition or provision of this Agreement
(or the application thereof to any circumstance or person) shall be declared invaJid 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 County and ADS agree to reform the Agreement to replace any stricken provision
with a valid provision that comes as close as possible to the intent of the stricken
provision.
22. ATTORNEY'S FEES AND COSTS
COUNTY and ADS agree that in the event any cause of action or administrative
proceeding is initiated or defended by any party relative to the enforcement or
interpretation of this Agreement, the prevailing party shall be entitled to reasonable
attorney's fees and attorney's fees, in appellate proceedings. Each party agrees to pay
its own court costs, investigative, and out-of-pocket expenses whether it is the
prevailing party or not, through all levels of the court system.
23. ADJUDICATION OF DISPUTES OR DISAGREEMENTS.
County and ADS agree that all disputes and disagreements shall be attempted to be
resolved by meet and confer sessions between representatives of each of COUNTY and
ADS. If no resolution can be agreed upon within 30 days after the first meet and confer
session, the issue or issues shall be discussed at a public meeting of the Board of
County Commissioners. If the issue or issues are still not resolved to the satisfaction of
COUN'IY and ADS, then any party shall have the right to seek such relief or remedy as
may be provided by this Agreement or by Florida law.
24. COOPERATION,
In the event any administrative or legal proceeding is instituted against either party
relating to the formation, execution, perlonnance, or breach of this Agreement, County
and ADS agree to participate. to the extent required by the other party, in all
proceedings, hearings, processes, meetings, and other activities related to the
substance oftms Agreement or provision of the services under this Agreement. County
and ADS specifically agree that no party to this Agreement shall be required to enter
into any arbitration proceedings related to this Agreement.
25. BINDING EFFECI'
The terms, covenants, conditions, and provisions of this Agreement shall bind and
inure to the benefit of County and ADS and their respective legal representatives,
successors, and assigns.
26. AUTHORITY
Each party represents and warrants to the other that the execution, delivety and
performance of this Agreement have been dilly authorized by all necessary County and
corporate action, as required by law.
27. CLAIMS FOR FEDERAL OR STATE AID
ADS and County agree that each shall be, and is, empowered to apply for, seek, and
obtain federal and state funds to further the purpose of this Agreement; provided that
all applications, requests, grant proposals, and funding solicitations shall be approved
by each party prior to submission.
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28. PRMLEGES AND IMMUNITIES
All of the privileges and immunities from liability, exemptions from laws, ordinaJ.1ces,
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 County, when performing their respective functions under this
Agreement within the territorial limits of the County shall apply to the same degree and
extent to the performance of such functions and duties of such officers, agents,
volunteers, or employees outside the teni.toriallimits of the County.
29. LEGAL OBLIGATIONS AND RESPONSIBll.I1'IES
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 perfurmance may be offered in 8aQsfaction of the obligation or
responsibility. Further, this Agreement is not intended to, nor shall it be construed as,
authorizing the delegation of the constitutional or statutory duties of the County, except
to the extent permitted by the Florida constitution, state statute, and case law.
30. NON-RELIANCE BY NON-PARTIES.
No person or entity shall be entitled to rely upon the tenns, 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 hereunderl and the County and !heADS
agree that neither the County nor the ADS or any agent, offIcer, or employee of either
shall have the authority to infonn, counsel, or otherwise indicate that any particular
individual or group of individuals, entity or entities, have entitlements or benefits under
this Agreement separate and apart, inferior to, or superior to the community in general
or for the purposes contemplated in this Agreement.
31. ATTESTATIONS
ADS agrees to execute such documents as the County may reasonably require, to
include a Public Entity Crime Statement, an Ethics Statement, and a Drug-Free
Workplace Statement
32. NO PERSONAL LIABILITY
No covenant or agreement contained herein shall be deemed to be a covenant or
agreement of any member, OfflCer, agent or employee of Monroe County in his or her
individual capacity, and no member, officer, agent or employee of Monroe County shall
be liable personally on this Agreement or be subject to any personal liability or
accountability by reason of the execution of this Agreement.
33. EXECUTION IN COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which shall be
regarded as an original, all of which taken together shall constitute one and the same
instrument and any of COUNTY and ADS hereto may execute this Agreement by singing
any such counterpart.
34. SECTION HEADINGS
Section headings have been inserted in this Agreement as a matter of convenience for
Coo.tract # 101-55S-2567A
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reference only, and it is agreed that such section headings are not a part of this
Agreement and will not be used in the interpretation of any provision of this .I\grecmellt.
IN WITNESS WHEREOF COUNTY and ADS hereto bave executed this Agreement (m
the day and date ftrst .....'litten above in four (4) counterparts, each of which shall,
without proof or accounting for the other counterparts, be deemed an original contract,
(seal)
Attest:
Danny L Kohlage, Clerk
Board of County Commissioners
Of Monroe C01111ty
By:
Charles ~SonnY' McCoy, Mayor
Date:
By:
Deputy Clerk
Date:
For Advanced Data Solutions, Inc.
Witnesses for
Advanced Data Solutions, Inc.
+DJ1~\2:rlLl\OO {/
Sig~ature
Date: L}~. 1/) ..:i,<
/1// J .. //#7.'
/ <"if/{!:f / >/;..</7,
r;; ,
Signature ----.-
Ai hike";/
Print Namy! i
Date: '1/tl/C~~
Address:
/0// ~~:r:;/.I r.:f II /t:/
/1/1 . r'~ ., ..-"'..
t/l//JM.Ai'. rL._;y", I
Telephone Nllmber: ?'i7~'?:fJ:.
Contract #101-555~2567A
9
Public Entity Crime Statement
"A person of affiliate who has been placed on the convicted vendor list following a
convection for public entity crime may not submit a bid on a contract to provide any
goods or services to a public entity. may not submit a bid on a contract with a public
entity for the construction or repair of a public building or a public work, may not submit
bids on leases of real property to public entity, may not be awarded or perform work as a
contractor. supplier. subcontractor, or consultant under a contract with any public entity,
and may not transact business with any public entity in excess of the threshold amount
provided in Section 287.017 for CATEGORY TWO for a period of36 months from the
date of being placed on the convicted vendor list."
LOBBYING AND CONFLICT OF INTEREST CLAUSE
SWORN STATEMENT UNDER ORDINANCE NO. OlOM1990
MONROE COUNTYt FLORIDA
ETHICS CLAUSE
Guv Robert Buell of Advanced Data Solutions. Inc. warrants that helit has not employed,
retained
or otherwise had act on his/its behalf any former County officer or employee in violation of
Section 2 of Ordinance No. 10-1990 or any County officer or employee in violation of
Section 3 of Ordinance No. 10-1990. For breach or violation of this provision the County
may, in its discretion, terminate this contract without liability and may also, in its discretion,
deduct from the contract or purchase price, or otherwise recover, the full amount of any fee,
commission, percentage, gift, or consideration paid to the former County officer or employee.
4, ,4i4V;;i/4
'Z-~- (signature)
Date: 4,j{j: S'"
!
STATE OF 'itGQ'\ ~.~.
COUNTY OF \\ \,~~ \.b-l-
PERSONALLY APPEARED BEFORE ME, the undersigned authority,
~~ ~t\~ 'b..)L\. \ who, after first being sworn by me, affixed his/her
o -
signature (name of individual signing) in the space provided above on this \~i h day of
N \~)\.\~\cl ~. , 20 C5 .
'1 .. !j
'\~~\"- ~ ~',-W{}.(
NOTARY PUBLIC
OMB - MCP FORM #4
rllM.........................t',.............
pAMELA L. PuMAR \
: ~ , comm' cOO2$3lS2A
E ~~l Expires 1111S12OO7 t
: to:. ,jg Sc,,>1d tnl'lJ (800}432-4254i
. ~~ -cr:i~ "
~ ~"'I;/JF_r_\~$'v. p.-.'. ~+:bry As-ton.. !(!C i
1,.,...~'~~~~..... ~~ II' ....~. .,," ~"""I\. W 01"'.........
My commission expires:
, ACORD.. CERTIFICATE OF LIABILITY INSURANCE OP 10 ,,~ DATE (MMfDDI'f!'YYI
ADVA!116 12/20105
PRooUCER THIS CERTIFICATE IS ISSUED AS A MATIER OF INFORMATION
Brown & Brown Xnsurance ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
17757 US Highway 19 N, Ste 660 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
P.O. Box 2456 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Clearwater FL 33757-2456
Phone: 727-461-6044 Fax:727-442-76g5 INSURERS AFFORDING COVERAGE NAle #
INSUReD INSURER A: Hartto:r4 C..u.a.l'ty IQ..urmc. -Co 29424
c~c___~_
INSURER B: Auto Owners 18988
Advanced Data Solutions, Inc. INSURER C: Har~ford nAderwrlter. t~.~ COr 30104
141 Scarlet Blvd., Ste. A INSURER 0:
oldsmar FL 34677
INSURER 10:
COVERAGES
THE POLICIES OF INSURANCE LISTEO BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
!lNY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN. THE INSURANCE AFFORDEO BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO !ILL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
!.Tit iNsRn TYPE OF INSURANCE POLICY NUMBER ~,;!i1MM1D ! DATE IMMtoOrNl' UMlTS
T ~ERAL UABILITY ! EACH OCCURRENCE 51,000,000
A ' X ~M<RC~G<""""""'-''''. 21SIWtOO.61 07/17/05 I 07/17/06 I pReMISES (Ea OCClJt/ll'lce' 5300,000
CLAIMS MADE [!] OCCUR I MED EXP (Any 0011 person) 510,000
X JlPL:I z $ 5 , 00 0 PERSONAL & ADV INJURY 51,000,000
GENERAL AGGREGATE 52,000,000
, GEN'L AGGREGATE LIMIT APPliES PER: PRODUCTS. COMPIOP AGG 52,000,000
n POLICY n ~ n lOC
AUTOMOBILE I..lABlLITY COMBINED SINGlE LIMIT
I-- $1,000,000
B ~ ANY AUTO 4625922200 02/25/05 02/25/06 (Ea accld/ll'lt)
i-- ALL OWNED AUTOS BODILY INJURY
I $
, SCHEDULED AUTOS ; (Per PIIrson)
i--
i--. HIRED AUTOS BODILY INJURY
NON.QWNED AUTOS (Pill" accldllrll) $
i--
i-- PROPERTY DAMAGE $
. (Per accldllrll)
GARAGE LIA8IUTY )11 .~j~ AUTO ONLY - EA ACCIDENT 5
R ANY AUTO . "U EA ACC $
1~-;~71~ OTHER THAN
AUTO ONLY: AGG 5
EXCES$IUMBRELLA LIABILITY . 'I EACH OCCURRENCE $
o OCCUR 0 CLAIMS MADE <<p1( ~ AGGREGATE 5
NO' r '-P ~ 5
R DEOUCTI81E (( : };Lfl $
RETENTION $ $
WORKERS COMPENSATION AND Cf:LF yi ,.....~r1 X ITORYllMmi I JOJ~
C I EMPLOYERS' LlA8IUTY 21WBCGA3774 02/21 05 02/21/06 E.l. EACH ACCIDENT 5100,000
. ANY PROPRIETORlPARTNERlEXECUTl\IE
OFFICERiMEMB!R EXCLUDED? E.L DISEASE. EA EMPLOYEE 5100,000
~~rc;t1t.~~V1~S below E.L. OlSEASE . POLICY lIMIT 5500,000
OTHER
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
This certificate voids &: supercedes the certificate dated 11/29/05.
Monroe County Board of County Commissioners is named as Additinal Insured
with respects to General Liability.
!
CERTIFICATE HOLDER
Monroe County Florida
1100 Simonton Street
Gato Building
Key West, FL 33040
CANCELLATION
MONRO - 3 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAlL 30 DAYS WRmEN
NOTICE TO THE CERTIFICATE HOLDER NAMeD TO TItE LEFT, aUT FAILURE TO DO SO SHALL
IMPOSE NO OBLIGATION OR LlASlLlTY OF ANY KINO UPON THE INSURER, ITS AGENTS OR
REPRESENTATIVES.
EO REPRESENTAT~ .
@ACORDCORPORATION 1988
ACORD 25 (2001/08)