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F. Bulk Approvals BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: 11/15-11/16/06 Division: Community Services Bulk Item: Yes ~ No Department: Social Services/Nutrition Staff Contact Person: Janice Drewing AGE1;"'DA ITEM WORDING: Approva!of Ameridrrient003 to Older American's Act 'Contract AA.;629 2006. between.the Alliance for Aging of Dade alldMotlroe Counties and the Monroe County Board of County Cofumissioners (Social ServiceslNutrition Program). ITEM BACKGROUND: The OAAeolltractfundsmealsfor o-lderadult clientsoverpQy~sofage. The expenses ofthe Home- l)elivetedNI~a1Pf()gram,.C-2 'areex2eedingthose oftl1e(;OngregateM~alPro~. ..C4 whicheovers 1tl~sservedat...the.Meal.'.Sites. .,..Appr()\f81..ofthe Agreemellt...will.Provide'f()rthe..tr@sfer of'.$.lS.,484.'from 'f.itleF~1.F9n.gr~gateMea1sto'f.itleC';2H()rne Delivere4h4eais'Wl1ieh wi~helpenablethe.~"utriti()I1' Prpgranl to(:()I1tinll~seryi11g h()11le-deliveredmeals.. Inadditio~ the Amendrilent pt{lyides for the . allocation of an additional. $5,187 to the C~ 1 ,Congregate Meal Program to purchase shelf-stable food foruseduringe11lergencies or for regular meals. Alsoineluded under this Amendment are fun(ling amounts for In..Hotl1e Services Program OAA Title III-B, Support Services and OAA Title ID-E Services. Fun.dingforthese services does not change. The total amount of OAA funding is increased to$388,63(jj)(j, PREVIOUSlIELEYANT BOCC ACTION: :prio-r~ppmV~()f()~9~rt\t11eri~s'..A.g; S()ntra.et~Ai\-629.. ~ppr?ved 3/1$/0(j, ..Amendl11ellt 001 to ... ....(2Qntr~(;t#M..g2~;f1ppf()yed$/17/Q(),i81l4~eI1tln1~ritOOftQ#AA,.6+9appr()"\1ecl6/21/06. ... .'. CQN'J'R..\CTfi-\GJlEEl\IENTCHANGES: ...... ...... .'. '................ The~gr~l11~fi~m(;f~a~esthe amountpfOAAfundingfOfthe :NutritionProgramby $5,187 for a total 'arn()U1lt()f$3$~;~30:00atidpfovide~forth~ttansfer .of$15;484 .00rrom OM Title C-1;'Congr~gate Meals to ()~i'I'itleg;2.H{lm~~J::)~liveredM~lils. . Grantamc)Unts forspeciflc OAA Programs follow: Tit~"III,.B, .~llPportServices$79;600;Title'iIII C-l, Congregate Meals $1 08,653.60; TitleID C-2 I-Iome;.Deliver. e.d.iMe. als$154;076;and TitleID-E Services $46,301. .. .. . STAFF RECOMMEM>ATlONS: Appro-val. TOTAL COST: $431;811.00 COST TOCOUNTY:$ . 43.181 REVENUE PRODUCING: Yes BUDGETED: Yes -X..- No SOURCE OF FlJNDS: Ad Valorem Taxes AMOUNTPERMONTH Year - - APPROVED BY: County Atty !Purchasing _ Risk Management _ DOCUMENTATION: Not Required_ Included X DISPOSITION: AGENDA ITEM # Revised UQ;5 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Alliance for Aging, Inc. Contract Contract AA-629 Amendment 003 Effective Date: 4/01/06 Expiration Date: 12/31/06 Contract PurposelDescription: Provides for thetninsfer of$15,484 from Title C-l to Title C-2 to cover the cost of home-delivered meals and allocates and additional $5,187 to Title C-1 to purchase additional meals. Contract Manager: 4583 (Ext. ) I (Departm~nt/Stop #) CONTRACT COSTS . -' . . -.-. . .., . -. for BOCC meeting()n 11/15/06 Agenda Deadline: 10/31/06 Total Dollar Value of Contract: $ 431,811 Currerit Year Portion: $ 143,937 Account Codes: _-615-3106 _-61573206_-_-_ ~..t}l~-39Pp,i-~7---'-'- ----.-:..:6T5..34()6----.-:~ _ - _-_ ADDITIONAL COSTS "Estim(ltedOllgoil1gCosts: ,$~yr For: . (lNbtmc1llde4iJl(j()llar value above) ,,' '(eg.' maiIlteI1ii:n<:e;utiUties,janitorial,saJaries,etc,)' Budgeted? Yes X No 0 Grant: $ 388,630 p()1lri.ty~tch:$i'...,.',43,181,',' Changes D te tn NeedfM Division Director I iJ i ,vi oft YesO l'toO{ Risk Management O~B.lPurChaSingl'{)f~{o(q YesD N~ County Attorney YesO NoB Date Out Comments: ,. ONiB Fonn Revised 2/27/01 MCP #2 0, UNlY oLMONROE KEY WEST ~ I~ORIDA 33040 (305} 294--4&41 MEMORANDU.M BOARD Of COUNTY COMMISSIONERS Mayor Charles "Sonny" McCoy, District 3 Mayor Pro Tern Dixie M. Spehar, District 1 George. Neugent, District 2 Mario DiGennaro, District 4 Glenn Patton, District 5 , , .. - - . . - - .. - . -: ,. .... . ..' ... .,Monroe Countr..BoMd()fCountrGort1nllssiov-ers . - -- ' . ,',' -. ., -. ,. -- - .. - '-." ., '''..... . "'...' . ,"-- - , - .,' .. .,-' - . ", . -.'. ' .-- .'.' - - . , '" ,. .." . ",..-'-.- -- '. '.- -,--. . ,. . ' . ... ' , ""-',, , - . , ".. .' '-,-:" -,"- -.," -' -- ".. .' , . --- - - ," ., --. . . '. '. -- . -.' . .c- ... . -. - ., .. .. _ .. --. . _ - '. . . .--., . . - . . .. .,." '.....'.....'.' .... '- -' .-..'.. ... '..... .. .,". ........ ' .-. --- .- -. - - ... -.. -- - - - - .. - - . -. .. . " " .' Jallic~Drewing,~e!~or AdIninistrat()f, Monroe C()untyNutritionProgram Agenda Itemre:Approval of Ametidmenf003 tOOAA Contract AA-629 1\.pprovalofthe Amendment will provide forthe transfer of $15,484 from OAATitleIII C-l, Congregate Meals to ()MTitlellI C-+,tl(}tn~DeIiy~re{l]\~~ls\Vherethedetnandforservi~s ,is greatest., . The Amenqment also pr9yide!~foratl~4giti()ll.iilfl1l()p~tioll..pf~??1~7toth~C~I,. C{)ngf(~g(lteM~a1Program for th~ 'Pllfchase' of sljelf-., stablemeillsforemefgenciesotrc,grihlrfueals. ' ,. , . . . - ,. ,.-.',',. -' - -. . -' " .' -. ' .... .... , . . . .. .. . .', '. . - "",""" -,' -., - .. ." '. --. . . - ' . -. . ,'... " . ..-.,.... ." ..'. -,", ',,,.,-.' ','.. . . .. '. . --.- -.','. -' -. . ." . , -- -. - . . - ' " . .", .. ., . '.,- ,-' -,--'-' ......-.._- . . ,---.-. -..---.--.---,..,-, ',-,-,' ,... , .. . . , .-- .-._'. -. "', '-.'. " .'-" - . . , , -. . - , . , , - " ", - . 'Tl1eNutntioI1Pro8fat11$ery~selq~rs()yer60y~ars()fage. byprovidingtnetilservices" Nutrition ,Education, ,and. actiyitiesatFour:Nutriti()l1SitestJll-()l1~OufMOri1'oe CoUnty. Italsoprovideshofue~delivered tneals to people Over 60 who,are.'qualifiedasmedicallyneedy. A primary source of funding forthe Program is the Older Americans' Act (OM) Grant, ,Reitribursements through this Program assist the Monroe County Nutrition Program to pay for the cost of meals for older adults. Ja::nicePrewjllg 'Nutrition Program Director ' Monroe County NutritionProgr~m I 100 Simonton Street,Itoom 1-203 Key West, FL. 33040 (30S) 292,,4522 phone, (305) 292-4483 fax Amendment 003 CONTRACT AA~629 Page 1 THIS AMENDMENT, entered into between the Alliance fOf Aging, Inc. hereinafter referred to as the "Alfiance", and Monroe County Board of Commissioners The purpose of this amendment is to increase TitleC1 by $ 5,187 thereby increasing the OAA Title C1 contract amount to$108,653and to reflect the requested title transfer in the amou nl of $15,484frorntitleC1 toJitleS2.. The tot.d pAAcontractwiH be $ 388,630. The unit rate is nofamended therefore theprovidermusfadjust the number 6funits 6f services toM provided under the affected title, accordingly. 1" Section ft, Paragraph C,Sources of Funds, is hereby amended to read: The funds awarded to the recipient are as fol tows: ! I $108,6531 ,Prpgram ;rifle OAA TitleJIIB SupportServiees , FuriclingS DS Department of " 'l"rIcalth & Hlullan Services . IOAATitleIIICl Congregate 2006 i 93.045 i Meals .." _____.L~____J_ i OAA Title III C2H()11;e 2006 !" i 93.1)45 . $ 154,076 Lpe1i vcred Meals __..m'_m_____+---~__~_~_~_m~m~____~_;...~m-mm.... i OAA Title WE Services I 2006 i " ..! 93.052 $46,301 TOTAL FUNDS CONTAINED.lN THIS AGREEMENT: 1$388,630 2. This amendment shall begin on April 1 , 2006 or the date it has been sign ed by both parties, whichever is earlier. ..' . .'. ,-'-',' - ' . . . - ,'.. '" . -'. . ..'. ....,,'. ,"". .. .,' . '. -.... ."', . '-., :. .' '-"- --. .,' _._". '. '.'.'.- .-- '." ,". ", '.',' ,. -., .' . .,...--...:-.'..-.....'.'.'..-..-..:.-.......-.--:..'..:.-.,.,',--....:-.'-'".:--"-. "'-"'. :'"'-' ......:-., -'-... ,.' -.,. '-," :-::.", .,' , . ,. - -.-. - --.- -' - .. ," ,. -.- --....--... - " -'.-_.- ':-'-'-',-.':.. 'Alliprd~i~i()h$lh,th~'...'c()l1tr~ctaf1d~ny.attat;hMents 'thereto '1r16onfJittwithfh.lSarnendmenf shall be and are hereby changed t6 conform with this amendment. . . '- '.. AHptqVision#nqtin. (;qnflictwith thi~ ameflcfmel1t~re .stillin effect andaretobepE!rfOrmed at.,.., the, level specified in th ecqntr~ctare herebyamendedt6conform with this amendment. . ': . . '.. - . -. . -. . This~rnendl11entandallits attachments are heteby made a partof the contract. IN WITNESS WHEREOF, the parties hereto have caused this i-page amendment to be executed als as duly authorized. PROVIDER: Monroe County Board of Commissioners ALLIANCE FOR AGING, iNC. SIGNED BY: SIGNED BY: NAME: NAME: Pedro Jove TITLE: TITLE: President & CEO DATE: DATE: MEMORANDUM October 31, 2006 TO: FROM: Deb Barsell, MS Community Servic SUBJECT: Approval of Agenda Item to Amend OM Contract M-629 The purpose of this request is to ensure that available funds from the Alliance for Aging can quickly be received by Monroe County to provide services for the elderly within a short period of time. During a meeting with the Alliance for Aging earlier this month, it was made clear that no additional funding in this contract period would be forthcoming to Monroe County unless assurance could be provided that a quick turnaround amendment could be negotiated to allow for the dollars to be spent by the end of the contract period (12131/06). Consequently, this request is proffered to allow the County Administrator to sign the amendment and to obligate the 10% match. Once fully executed, the amendment will be submitted to the BOCC for ratification at a regularly scheduled meeting. It is essential that the Alliance for Aging knows that the BOCC supports the quick turnaround of OM contract amendments in order to spend funds that are reallocated to Monroe County from Miami-Dade providers that are unable to spend all of their allocated dollars within the contract period. Monroe County has previously missed out on opportunities for additional money at the end of a contract period due to adherence in obtaining approval for amendments at regularly scheduled BOCC meetings rather than seeking the action requested herein. The Alliance for Aging will complete an analysis of available funds on 11130/06 and seek amendments for providers that will be able to spend money within the last 4 weeks of the contract period. Monroe County needs to be poised to accept OM dollars that may be available. A 10% County match is required. It is expected that no more than $10,000 will be available to Monroe County, requiring a match of $1,111.11. Your positive consideration of this request is appreciated. J(J a-n..- iv / 17 fi - &;? 9 Amendment 002 CONTRACT NUMBER AA--629 Page 1 THIS AMENDMENT, entered into between the Alliance for Aging, Inc. hereinafter referred to as the "Alliance", and Monroe County Board of Commissioners. The purpose of this amendment is to increase the amount under contract for the 9 month contractperiodendingOecember 31,2006by $ 5,722 for a total of $ 383,443. This increase is non-recurring and will' not affect the contract allocation in subsequent periods. The breakdown by Title Will be as followirig: Title IIIB:$ 79,600 Title C1 : $ 1181950 Title C2:$138,592 Title IffE:$ 46,301 .-' '- . " . ".--' . . .. 1. .Thfsamen~ll1ent shall begin on Apri/1, 2006 orthe date it has been signed by both parties, , whicneverJs<earlier. .. -. ," ". ' .,-: .'." " .' - " . .-' .- ,"-, , --, -',: :.-: " - .. Allprovisionsinthecontractandanyattacnments thereto in conflictwiththis amendment shall be and ate hereby ch(3ngedto conform with this amendment. All provisions not in conflict with this amendment are stilt in effect and are to be performed at the level specified in the'contract are hereby amended to conform with this amendment. This amendment and all its attachments are hereby made a part of the contract. INWITNESS WHEREOF,the pa~ieshereto have caused this amendment to be executed by their .,..,undersignedofficial${:ls~uly. auth()ri:l'~di, PROVIDER: SfGNEOBY; NAME: /~ALL~CE FORAGING, INC. !. / i\ ,_~/ F, \, L-/ i SIGNED BY; NAME: I Mayor TITLE: TITLE: DA TE: JUNI 1 200& DATE: MONROE COUNTY ATTORNEY ROVED r'},-, "(:' t', f , ;j>,{J' .r')/\ ~-~ ~YI'>'2Af:'.t~,("rd"(b ~~ SU M. GRIMSE~ ASS!STA COUNTY ATTORNEY Amendment 001 CONTRACT AA-629 Page 1 THIS AMENDMENT, entered into between the Alliance for Aging, Inc. hereinafter referred to as the "Alliance", and Monroe County Social Services. The purpose oHhis amendment is to change the maximum units of services and service unit rate under contract. Total contract amount $ 377,121. 1. Attachment I, Section Ill, Paragraph E, Method of Payment, is hereby amended to read; The Alliance shall make payment to the provider for provision of services up to a maximum number of units of service and at the rate(s) stated below: Service to be Provided Service Unit Rate 2. Thjsameridmentshall begin on April 1, 2006 or the date it has been signed by both parties, whicheveris.eal'lier. All provisions in the contract and any attachments thereto in conflict with this amendment shaUbe and are hereby changed to conform with this amendment. '. .,...Allpr()yjsiorl~,l'l()t ..in.conflic:tlNjththiral1J~rldmentare. still In'. effect a ?daret()oeip~rforrnedat', ,.., , ',', tht9h~yelsPElcjfi~diflth~(:9ntractar~heteby,an1el1degt()l::onformwiththisi:)meriqment" ' Thi~cunendrn~ntandaUits ~tt~chments. (3reherebymadeapartof the contract .,' . ' . ' . , . , . . . '. . - fNWITNEPElWHEREOF,the parties hereto have caused this amendment to be executed by their undersigned officials asdlllyauthori;zed. ' PROVfDER: Monroe coun~~l Services / / / f ALLIANCE FOR AGING, INC. SIGNED BY: President & CEO .... ~~ SIGNEDB~~... , ., , Steven Weisberg,'. ;8. NAME:: NAME: HcCoy TiTLE: r<IaYOr ,., !ji b DATE: ., J3U$: NT, GRfMBLE ASSlSTANT cnu NTY ATTORNEY , J CONTRACT AA- 629 Page 1 THIS AGREEMENT is entered into between the Alliance for Aging, Inc., hereinafter referred . - -. to as the "Alliance," and Monroe County Social Services, hereinafter referred to as the "recipient." This agreement is subject to all provisions contained in the MASTER AGREEMENT executed between the Alliance and the Recipient, Agreement No. PA- 429, and its slIcccsSor,lncorporatedbel'ein. byiefel'ence. Thebreakd()wn by Title will be as following: TitlemB: $79,600 Title C1 : $118,9$0 Title C2:$138,!)~2 Titlellf E:$ 40,5J9 . -., - -."-. ....'..... . ......'.: -. -.-. ' .' . "" . .- - " -' - -. . - -' - - ,. . ., . ,,-' .. . .. . . . .- -. ., .,- . . -. Thfsagreernentshallbeginon ApriJ1,2006 or the date it has'been signed by both parties, whichever is earlier. ' ' . , -' - ' ,., -." . - - ,. - . .. ., ,,'. -,' " " . ,,'- . . ' .' . . - - , - , , .' " . " '- ' . ., . - ", , - ,", . . ..':' '-".. -: -'."',"'.""..'" '. .- ' '-. .- .'. _:. .-',.: :-.- '-', -:' :':-.--."::.:-' ,.'. - -.,.-" ,'::-'.-:'--... Anprovision~In the contract andanyaftachrnents thereto incpryfllct with this agreement shall be and are hereby changed to conform with this agreement All provi$ions not in conflict with this agreement are still in effectand are to be performed at the level speCified in the contract are hereby amended to conform with this agreement This agreement and all its attachments areherebymacle apart of the contract. . ,. ,'. ." .-.- ' ,.,. . ,.-........... ....._-.....'.-,:.,.........'.'.'...........'.'..'...' ........ .........,... .... .. ..'. ..... '. .. ..............'..-..-.'....'..' ... .... . .. '...'.'.., ,.'..IN.VVIJ"NEE~9\NHgRgOF,thepflrti~$p$r.et(>ticlV~C<=.lU$e(tthis1..p<=.lge~gre~lTlent to,beexebut~dbY,.'.' , , "theirul1dersigned6fficialsasdulyauthorized; ,," ,'" ",' ' ,', ' , , ' :.-".-: CountySociaJ S~.!tes ...".'.. ,-.' -. ALI.IANCEFOR AGING, ,INC. SIGNED BY; SIGNED. By:~jS.?:;:=... l~;c"";,, . / " 'Stsvf3nWeisberg,.M. S" NAME: Char les "Sonny" 'McCoy NAME: President & CEO ' TITLE: Mayor/Chairman TITLE: DATE: March 15, 2006 " -).,1-"2 ,~' f f . 'l~..~ DATE: OAA C 2 - SUPPORTIVE SERVICES Provider Name: NUTRITION EDUCATION 137,714.00 0.00 0.00 Note: Plea$(f add any services f10t listed above in the blank spaces provid OAA C 1 - SUPPORTIVE SERVICES Provider Name: CONGREGATE MEALS NUTRITION COUNSELING NUTRITION EDUCATION 11,42 0.00 438.71 10,109.00 0.00 10.00 115,441.00 0.00 4,387.00 Note: Please add arJY services not listed above in the blank spacel 0,00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0,00 43,847.01 0.00 0.00 0.00 0.00 ,.,...,. ....35,757"72 O.()t) 0;00 '0.00 0.00 0.00 'D,OO OAA III B . SUPPORTIVE SERVICES Provider Name: CASE AIDE CASE MANAGEMENT CHORE HOME HEALTH AIDE. ',' HOMEMAKER LEGAL SERVICES Note: Please add anys9riticesnofllsted above in the blank spaces provided OAA III E - SUPPORTIVE SERVICES Provider Name: CAREGIVER FORUM. DP CAREGlVERFORUM . INDIVIDUAL CARE~'YE~TRAIN/SUPPORT(~~r). " CONSiJ...,fl\BlEMEDICAL SUPPLIES CqUNSELlf'.jG 0.00 0.00 0,00 0.00 a.oo ,a.GO 0.00 0.00 0.00 20;161.9$ 20,419.54 0.00 0.00 0.00 ;:;:;~':,:':. :-::' . . ~:0: . .-,..,..,---.....,.-----".,-...,..,....,,-.--..-....---..--'.'.,--.'.'--._.'-'.'.--. ... . .... ... .---,--...."..--,...-.----...-".-.-'--...".. \.:"'.,',";".',""'-','",,,,,,.,:,:,,,:..-.'-'.;-".::",,.;..:,',,_:.;-;:" '.:-.,._-,:.,---...._:....:-.'--,::_:.,:-;:'...:._.-.'.:...'--,..: . . .... ....,.,.-""",.--'-.. ..-. -.-'.-...-.'..'--.--...---.-'.....".--...........'::....,.. . .. . . .... ... . .~:..::~~~ ,--..--..,--,..-.-,.,..,.----,.--..--.-... .-......,-.,--..-".""--,-,- ......---. .;-;:-':;:.::::...:;:,';:_',:,-;:.:._:.;..::;-,~::.'~:~',;.,:;:-",:;~".... . BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: 11/15-11/16/06 Division: Community Services Bulk Item: Yes ~ No Department: Social ServiceslNutrition Staff Contact Person: Janice Drewing AGENDA ITEM WORDING: Request approval of Amendment 002 ofNSIP Contract US-651, October 1, 2005..September 30,2006 Nutrition Services Incentive Program (NSIP)(formerly USDA) Rate Agreement, between the Alliance for Aging of Dade and Monroe Counties and the Monroe County Board of County Commissioners (Social ServiceslNutritionPrograrri), 1:r1!11\f Bi\CI{GROUNp:.... . . '....., ..... ..... .... .... . ... .... ... . ',.. .. ,'...' "']'he ..purpos~of thearnendm~lltisto make" an adjustment for . the. month of September 2Q06 in NSIP (JotltractU~-651,i:FY 2005~2606. The a1ll~ndmertt I) decreases theftgreementamount byi$17,47531 ft{;l1utheorigirtfll$56, 779 and 2) decreases the maximum number of units under thecontrf1Ctby 22,962 '.~tltlt75,790tO~2,828. "In additiOn, the unit, rate' (reimburseJIlent.. per meal) 'is'. reduced from.'$o.67t(), $.32224319. .F~llding from the NSIP Program is used to reimburse the Monroe County Nutrition' 'ProgramformeaJsPfovidedto older adult clients over 60 years old who receive food at the four 'Congregate Nutrition Sites or through Home-Delivery. "PREWOI1SRELEVANTB()CC ACTION: ,Prlorapprovalofthy Nutrition Services Incentive Program (NSIP) Contract #US-651 and Amel1dtriertt#lto#US-651 both approved on 10119/05. ~ ,-, . '. - . -' - '.-. . . - . . . .. . ..- . ,. . ,- - ' '- . '-', ..-. .. ~--' .-' -' . . .'.~-' - .,., --,-- .,- - -,' . . . .. ,- . . . ,... - . . , . - " .. . . , ,...:,:;::'-',..,._-:,_.:.,:-,,::---_:-.:'.-:--:,_..-.:.-::-:-,:"::-:'--"':':.- :':_-:.',.-'-'....-.:.,'-:....:_:._-'.'- '--:.::'..-.-.' , ._,--,.-'::.._.... .'" - . . - - .-'. - .. ::,:'- 't()~.~'l'IA(j-QE~NTf;~NG.ES:<<.. ..i ". '<i ,. '... ..iiiii< .i<' 'Forihemolith ofSeptetriber 2006 the agreement amount is decreased by.$17,475.21 from the original $50,779 to $33 ,303J9;the 111<lXimumnumber .of units is reduced by 22, 962 ftorn75,790 t9 52,~28;and ,. "th~~nitr~te(arnOUt1tofr~llr1bursementpermeal) is reguced from $q,67 to $O.32224319.~he~hanges." ,. .Viigl1(tY~irlOetfeCt sinceth~NutritionProgramdid not exceed thenurnberof 'Unitsspecifiedlnthe ',,'... "Amendment ' "'..-."-.--'-".-. .. .-, .. -'. .. ..--..'.'.'..-,..,'-:....:.'.--..-...:.. -. ::.-'. :'-_::..-. ':.-:.':.:-::.:.-."-'-.": ..'-::.- . .::,,:..:'.__.:,-:-.:.:::..:.'_::::-,:.::::'-:._::.-.',:,,--"::'.. .,-_.,.:::,-._, .-. - --.::_. . , ..$TA~F'~C()MMENDA'fIONS: ".i\.PP#)Y~~. T()TALC()ST:$'., 331303.79 COST, TOCOtrNTY: Reimbursed BUDGETED: Yes ~ No SOU~CE OF FUNDS: USDA (Agriculture) 'APP.()"~DBV.;' County Atty No X AMOUNT J>IJ:1t MONTH Year ~~IPUrChaSing _ Risk Management _ REVENUE PRODUCING: Yes 'D()CITMENTA'fION~ Included X Not Required_ DISPOSITION: . -..- .." '. AGENDA ITEM # Revised 2/05 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract #Amendemnt002 to NSIP (formerlyUSDA) Contract #US-651 Contract with:A1liance for Aging, Inc. EffectivelJate:lOIl/05 Expiration Date:9!30/06 Contract Purpose/Description: To makeanadjustmellt forthemol1thofSeptember 2006 in NSIP Contract US-65! , FY 2005-2006. . Theatrlendment 'l)decreases.theagreelllentamountby ,'.$....1.....7. '...,.4....7...5..... ..2..' ..1.....,.IT. .. ..o.'..m........t..h...'.e.. '.....o.....n. ...~...g.".i.n.....a,l$50.779.'..an.".'..'....d...',...2.... )....d..e. cr..e..a.' .s.'..'.e.'..s....'...th......,'.e...' .',.m......ax........'...i,'.m. '..'.u....m..'.. ...n. u.,.m...... b...,.e..'.r......o.',..f. .....u.'., ,.n...it.,.s...'.u.". n. d....e..r. t.h.e.. ,contract by 22;962froni75,790 to 52,828. In.' addition,t~e1Jnitrate(reimbllrsementper meal) is reduced from$0.61 to$32224319. FundingfromtheNSIPProgra.misused to reimburse the l\fonroeCoutlty NutritionProgral11 for lnealsprovid~d to older adultcliellts over ,60 years old who receive food at the four Congregate Nutrition Sites or through Home..Delivery. ' , .-. .-.' '. . " -. Contract Marlliger:Janice Drewing " '(Nall1e) .,'-'- ,-' - . SocialSeryieesINutrition.Progralll , "(Department) Total Dollar Value of Contract: $33303.79 '~udgef~d1Yes~NoD AccoulltCodes:' Grant:$'--c- ' County Match:.. $-0- Currel1tYearPoriion:$O 125-61531-06;"530491 ;..~ 125..61532-06-530491-_ ...'.:- - - - --~~~- Division,Direct.or Risk Management 'Comments:_ OMB ForinRev'lSCd9/11/95MCP#2 iO.. ,. . OUNTY oLMONROE .' KEYWEST ~ I~ORIDA33040 (305) 294-4641 MEMORANDUM BOARD OF COUNTY COMMISSIONERS Mayor. Charles "Sonny" McCoy, District 3 MayorPro Tern Dixie M. Spehar, District 1 George Neugenti District 2 Mario DiGennaro, District 4 Glenn Patton, District 5 , , . . . .. -.- ,. , , ,JX>ard o{CountyComfuissioners -\::1 " ',":._...:,_:':-...:",::.::.,:',. ' '-. :-".::,::'--:.,:'-..":" _ . ".,.-. , emorAitministrator,M9nroeCoutlty Nutritioi1Prognun TO: ., . -. ,. . A&endaJtem re: Arnendment002 ofNSIP-651 October 1, 200$;.September 30,2006 ,.' - ,. -'- -' -' - ..., -. - - - -. - ,. , ,.. . . . " "--'." ". '... , ,. '. . , - '.. ., -., . .".'" . . ., " - .- -' . ,-'-" . ' , '. ,. , . ' ',... . ....'. ... ........... . ........'.......-..-... ..... ..... .. . ... .. .. . .... .. . . .. .. .. ... ......' . , , .-. .." --.. .. .,..".., ..)Illis memorandumisinr~ference to Amendment 002 ofNSIPCoritnlct US-65 I, October I, 2005-September30, \2006 Nutrition Services lricentive Program (NSIP) (formerly USDA) Rate Agreement, between tbe1\lliance for.' <f\ging,pfDadeand.MPnrQeCountiesand the Monroe County B()ardof County Commissioners (Social ., ,.,..','.'..,.'.~~ceS!Nlltti~ionPr9grat11)~','.,'..', '.',,', " ... ,Tile NutritionSeryic~sIllcentive Program (NSIP) isfimded throughtheUS Department of Agricult\.lrean<lprovi<ies cash reimbursements to MealSerVi<;e Providers in lieu of COmmodities that were previously distributed. The < .Program1Vasfo1"n1erIycalledth~<<USDA.R.~in1bur~t1l}1entPr()gram" .andl1as beenine)(istenceJor~y years. The " '~utritionServiceslncentivePrograI11. subsidiZes. the cost . ofmemsprovided by the MonroeCo~llty"Nutrition \ ,J.>r()$l"8l11t(){)1~~ra~ults()y~r60:Year$ ()fa.~et11fough Congregatel\1"eal Sites or home-~eliveredme<l1srme(\ls on " 'Wheels")disttibuteato . clients who are qualified as medically needy. Reimbursements. throughthisProgratfiassist ,., the Monroe County Nutrition Program'. to . pay for the. cost of meals for older adults. ]aruceDrc\ving Nutrition Program . Director Monroe, County Nutrition Program 1100 Simonton Street, Ropm 1-203 KcyW.' ...c.st,FL..,. ..S3040(305}292.4522phone,{305) 29.2-4483 fax .,. . Amendment 002 CONTRACT US-661 Page 1 TI-nSAMENDMENT, entered Into between the Alliance for Aging, Inc. hereinafter referred to as the "A1JiancE!", and Monroe County Board of Commissioners. Thepurposeofthisamendment.isto: 11 Decrease the agreement amount by $17.475.21 from the()riginal$~O, 7'19~o~33.a()~.79and 2l0E!-crea~ethemaximumnumber of units under contractby22.9~2 from 75.790 units to 52.828 units. .- . . . , . , 1. This is atixed rate contract The Alliance shall make payment to the recipient for provision Af$e.rvicesupttic! maximumnumberofunitsof service and attheprospective rate stated belOW': " . ,. " . .. " . ". , service to be Ptovided Units of Service Unit Rate Maximum Food Units Amount EHgibleCongregateand'Home Delivered Meals (l0/1/05- 1 unit = 1 meal ,8/31/06 ' ,.E?t"(.:f~~~i~e}><:l1i~dAftet 9l11Z0Q6/i. ,.,', 'T6tijli' Parlies,whicheveriseaflier.' , , '" 0.67 46,812 $ 31,364.04 .. ,'. . . '. ., , -", .. AllprovisiOhsinttlecontracfandanyattachmentsfhereto inCOflflfctwiti'l. this amendment shalf be and are hereby changed to conform witll this amendment. ' , , .'" . .' - -,: .-'- ..:". - -. . -,..... Alliprovisions nofin conflictwitllthis amendrnent are stili in effect and are to be performed at the level specified 'in the contract are hereby amended to conform. with this amendment. , . ... .. - - . " " .Thi~ ..Clrnendmel1tandiilli~~iiattCl?hlll~f)t~J3retl~re~y,miidE!aPiirt9fttl~iPPr1tract, ", . . ' ,. . .,- - - -' "'-'--'. :':,.',-'--., - '-'- -- - " ,---,_. INWITNE$$WHEREOF,thepartj~$.l'leretClhavecau$.edthis1-page arnendrnenttobeexecuted, byth~irtJl'ld~rsignedofflCialsasdq'Yl:Il!th()rji~(J> '. .,.... .i...,,'../.,' ".'.,.. ' ._':: ',-- . .':"',' ,.-- . . .- -. ., .."..: ~l..ll.4NC~r=9RAGING.INC; SfGNEDBY: Si$NEDBY: NAME: NAME: pedro Jove TITLE: TITLE: President&CEO DATE: DATE; , Amendment 001 CONTRACT US-651 Page 1 THIS AMENDMENT, entered into between the Alliance for Aging, Inc. hereinafter referred to as the "Alliance", and Monroe County Board of Commissioners. The purpose of this amendment is to change the amount under contract and adjust the unit rate. 1, This is a fixed rate contract. The Alliance shall make payment to the recipient for provision of services up to a maximum number of units of service and at the prospective rate stated belOw: " . "" - . .-.- -. , . Service tobePtovided ' .0'_._.,-. ":._,,',_ __C.'- _.:: -:".'..'. '. ,'_' ':........ .., . '. -' '.. . ,. ",' . ". .... . .-.' - .-'" '. -.. . . -. ., ','- ,. ., ',' '-:' -.....:., . . '- . -., ,. ',', - . -. . .. .,.' . . - . , - . . . ," .,. -.-' .,-'-' . --. .- - -',',.' ... ..,"-.-- .-...., ..'---.....,-. -..',. ,.. '. ""-:,- '--:.'. .,", " - :,-.,., ".'." ."'-'- .. Eligible9()ngr~g~teamlHon1e ' peliv@redMeals' , 0.67 Year Funding CFDA# Source OAA 10570 Fund Amounts $50.779 $50,779 . " . Allpr9vjsjonsjntH€lcpntr~ctal1dahy~ttachmeJ1tstheretoin conflict with this8mend,ment ',slj~llt)€l.,'a8q9reher$bychangedtQ,.cqnfQrm withthis amendment>' ,',' , , , .. ." . ThisamtHldmentandaU its attachments are hereby made a part of the contract Amendment 001 CONTRACT US.651 Page 2 IN WITNESS WHEREOF, the parties hereto have caused this 2-page amendment to be executed by their undersigned officials as duly authorized, PROVIDER: , ' . ,",-:-',-,.:','-'_:. ',-. -.- "'''- ,. M()N~()F)..i~OlJNTy." BOARDOF .', .'..".'..'...,'.".'..",... COMlVIISSIONERS., SIGNED BY: NAME: TITLE: """.-':-:--""'-' ,'.;..:--.'. >;;>':':;.;_.,~.,::,,'.'::. - . October 1, 2005 Contract Number US-651 NUTRITION SERVICES INCENTIVE PROGRAM 2005-2006 CONTRACT THIS CONTRACT is entered into between the Alliance for Aging, Inc" hereinafter referredJoasthe. "Alliahce", and M.onroeCountY Board of Comrnlssionen;, hereinafter referred to as the "recipient", This contract is subject to all provisions contained in the MASTER AGREEMENT executed bi?twi?enthe Allicinci?cmdtherecipiE:mt,Agreement No. PA429,and its successor, incorporated herein by reference, I. ReclpientAgrees:< ..< .'... A.Sel'\ll~,~t()beProvi(ted: .... .< "......<<....,..,."....ii< ..'.. ..' ..TO\plian,i9~\lfJI9p,an9...~pc()mpUsh'...the$eryice!i...delineated, ,...qrptherwise '.'c:aus~\theplanr1ing,di?yel()pljlfJnt".ancJaccomplishmf3nt,.of.SLlCh servicesi '., ahdactiviti$$, LJnqer thecCJnqitiOnsspecifi~dandin the manner 'prElspribedinAttachmel)ttofthis agreement C. 'FinalR.f!CfIJ,sfforpaym9Ilt: TheiR~9ipiemtmustsubmit the final request for payment to the Alliance no m()r~thSln30daysafter the contract ends or is terminated; if the Recieie~lfrJilst()dt:ls(),..all...righ~topaYrnef1tj~Jorfeited, ,arlcl,tile .,."'..'...i,...".AI,;~~~~,~llir1()~i~911()r(!IlY,.requ,e$ts.,i',SlJ.lln1j~~~{(!~erit~e,.atfjr~~ajd " ','.,,' '~ir'rlEJAf)rlC)cf;A.nYiP~Yrn~J1tttuet.lncJef'~bf3>term$oftHi~,contractrn~ybe withhelduntHall reportsduefromthe~ecipient, and necessary adjustments thereto, have been approved by the Alliance. .....'.---.-'-,.-..-...--.-..'- '-.'-'-:''''':',_'_-,.-._. -...-'..... ...- -'.'" --.-..' --. -,-'.... . . - ..'.' . - . , . ._. .:,. ..-,,-_:-.::::;:::.:,:-.:'.--:.:_.-,_:_,..::_:_:-.-:-:-:-:::'-:-:::.'-_'..:'-.,:_,::.:.:'.-.:::.-', '-,'..'i.-.-.:_..:'..':._.:-_-,.'. -.' ... D.iAd~j!ic)l'taliRf:lp()rtingR~CftJit.m~nts: ..'... ... . > .. '.. .' , .,.,'.1 ,.,.'ilfJhe.il~llianc.eiha~!i~llctipne(t.the.recipient... whil$thf3sanctior'lsarein ,'.effElctthEltEl9jpi,~l)t~hal'.provideto..theAniance. .on .a, 'monthly b~sjs. the .,re.qipiElnt'sflllanciSllstatementsfhaf..reflect,.the current,.un~audited' .'..'.'. rfJ\I$l1u$~aricfe)(Pi?l1ditu,..esand the recipient'~ cash position asI.Neflas any {jthElrdOcUn'16ntation that may be requested by the Alliance; 2. If the recipient is required to prepare a corrective action plan, supporting documentation as requested by the Alliance shall be provided. It The Alliance Agrees: A~ ContrattAmount~ Topayforservicesaccarding tathe conditions of Attachment linan amount not to exceed $43, 194.00, subject to the availability of funds. October 1, 2005 Contract Number US-651 B. Obligation to Pay: The Alliance's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Legislature and passed through the Department of Elder Affairs. C. f)QurceofFuncJs: The costs of services paid under any other contract or from any other source ,are not eligible for reimbursement under this contractThe funds awarded to the recipient pursuant to this contract are in the state grants and aids appropriations and consist of the following: III. RecipientandAIUanceMutoallyAgree: A. 2. Delivery of services shallencton September 30, 2006. This contract shall end on Januarv31.2007. See Attachment I, Section III.E:. . .. -.-'., ,- .. . ',,' . -.-'. - . . ,- ". . -, . . '.'. - -' .. . -. - - , -'. . '- ,'. . - - - ....', - , . ,El.. .......,.,.~rfTfit1atiP~J~U~J>tJrt~ip"i~nllt~t..J;l1f()f~em~~t:....'.'.'.,.....'.' ....,'.'...,..,'.. ',.'..,'. .....,..'.. .. ,... ...,... ...... '. ..' , ',' . The taus~sand rel11edjesfort~rniinatioh orsuspenSionofthis contract shall follow the sarnepr()cedures as outlined in Section III.B. and Section 111.C. ottheM~$terAgreerneht. ." " "."- '.'-' . '. . ..-',. '.'.,-, "::'---':.-:" "'...' ':.:-.... ..,..:'.'::..:',.,--:.':.-.-._......:-::.':'::--_..,.:_--,--,_..,..-... C.f(e(;i'pientiResP<?rJ~ibUit.Y: ,..,..'......,.. ..'. . ...'.... ,'.,....,... . ...',',', ',.'., Notwitl1~t~ndit1gthepassithroughl~ngu~gecont~ine~tirl$ectiont.S.i. of thf:)Ma~t~rAgteernerJt,..th~recipient.majrJtainsrf:)~p(Jm~ibility.f(jr.tD~, ,.perfom1anceof allsub..recipientsin ,accordance with all applicable federal and statel;aws, ' D. Notice, Contact,andPCiyeeJnformation: 1. The name, address, andtelephone number of the contract manager for the Alliance for this contract is: $tev~riV\l~j!.;l:>erg,M. . $. 9500 South Dag$landBdulevard, Suite 400 Mii3mi, FL33156 (305)670-6500 ' 2 October 1, 2005 Contract Number US~651 2. The name, address, and telephone number of the representative of therecjpient responsible for administration of the program under this contact is: Louis LaTorre GATO Buildihg,...11QQSiflltll1ton Street Key West, FL ~$040 (305) 292.4573 ' 3. In the event different representatives are designated by either party after execution of thIs contract, notice of the name and address of the . - ."-' .--, ,. , ".,.. -' '. _.', ,. .,. ...newr~pr~serit~tiyewiUbe Tend:~regJflwritil1gto.the otherparty,and .s,aid "n(")tifjpationCittache,dtoorigil1~l~ofthispontr~pt " , . - ..' .. t\i1onroe Couhty..8oard ofGommissionerS GATOBuilding-11 OOSlmontol1 Street Key West, FL33040 , (305)292-4573 E. Renegoti~tionor Modification: 1.M()ciific~tion~()rchanQ~st()thefunding if) this contract and ",.,'.',........., .., ' .,.'.cotfe~p()ndiQg~~ry;c;E!lsr~l~t~d totl'le .incfea.Sf;lprdecref:lSe,lllaybe ,.'. ,.".'."....',.'....,'...'".,.,.. .'.,',...."."m~deij'}thefotm.(jf~iWfi#er'lNt)tj~~ipf.~wardIncreEt~~/f:)~c:r$a!E:i,.' signedbyfheAIHance'sPresident".and Director of Administration, rgeaOar(lPresid~nt.orjtsDe~ig,neeof..the. recipientshaUsign .the Notice>ofAWardlnprease/Decrea;seal1d..return it tothe.,AlIiance,' ..', ,..,witJ'li~fgu~~~n,(14)dayS()rsOOnerifrequ19sted byth~Aniahc~..'. .By' ',sigl1ingN()tic~()fAw~rdlrlprease/[)~crea~e ,. tl'leaoardp'reSid~nt or it$.()esi~t1eeOfth~r~cipientackr1C)vvl~~ses. the receiptofahd ' aSreernel1twiththetermscontainedJhtheNotice. ' , , ". ,', ,',... -'.' .. .."- ,". '- -', . . . - . . - , .... .. . ",::,',...,:.-,--.,-..-. :" . ',... . 2, Upon ReceiptofaNotice of Award lncreaselDecrease, the reCipient shall update affected information in budget summaries, deliverable schedules, unit rate information contained in the unit cOJ;trnett!odology, or any other, applicable financial information containedhlthe service provider application or required in this contract. This shall be done Within ten working days of receipt of sucl1hotice. .,.,' 3 October 1 f 2005 Contract Number US-651 IN WITNESSTHEREOF,the parties hereto have caused this 7-page contract to be, executed by their undersigned officia!sas duly . authorized, RECIPIENT: , MONROE COUNTY BOARD OF COMMISSIONERS ALLIANCE FOR AGING, INC. .' . .. . '...'.- -'_'_. '_0"_. ._ :.: . .. . - -. ." - ',','.,.',", ,-,. '."_.- ',- '. BOARPiPl1gSlpgNTPR.' '.' .. AUTHORIZeDDESJC3NEE..",. , . , " '-" .',' . .-,,-,.. ,-' ,.-'. . . . " .-.' - . -" . ' ' - . , . "..NED~..~ NAME: ' StevehWeisberg, M,.S. TITLE: ,41ayor /'.' 10" 9:0;)' TITLE: Presidentl CEO DATE: DATE: . '. ----..'. ,.."'.....--.. .... '" . 11/1/0 S- . -. , . ,;.'--" . .. '.:' ",'.""-:,,. ,:_",:.. ,.,.,.,: .-.' ....-. .. . ,":.- ' -. .. . . .. ,. .".--..-.-,......-- , ,....-.- --.,-,.. --, '-"'-'-. -- - - . .-....'.- -. . -. "'.FEbE~LlbNLJMBEk:..59..~(){)81#9i{.iiiii'..' ....",...'., ' RECIPIENT FISCAL YEAREND DATE: 09/30 4 October 1, 2005 Contract Number US-651 ATTACHMENT I NUTRITION SERVICES INCENTIVE PROGRAM i. STATEMENT OF PURPOSE The Nutrition Servic~slncentjve.Pro9ram (NSIP) is authorized by Section 311 ofth~Qlq~rArnerjGCil1sAct of2000, 8samended. The NSIPisthe new name for the former United States Department of Agriculture (USDA) cash or cClf11f11()~ity progr~l11khCllJllnasthe Nutrition Programforthe Elderly. NSIP provides reimbursement for the purchase of United States produced agricultural and otherfood commodities for use in nutrition projects operating undel"approved Older Americans A(';t Title III contracts. .,.,.,-.,'.>.-,::-:",.'.-.:: . -,.- :... .':.::<-'.:-:"',-.'--.,-,.:::-,--_::: .::". -,",.",-.,::,-,.,:'---:.._, ".," II.SER\lICESTOBEPROVIDED .. , ...., .-'-,--,..---,-.."-"-'-.'.".-"-'--" .-. . - --. ,-- . .,-,','-,:'::-.,-----',-_'-:.-: . ,-', ,-- -. .,.,.-.....-.-:--:-.-. .. ,.A.Sel'\iie;es: .' .,'-,' -." - '. . - -.. . . -'. '- ': -. - -. . ,_. . - . .,' -. ..' . - . , ' lJp6nre~eipfof a prior authorization for services from Alliance staff, to pr()videthefollowingservices: .Thepurchase.of United States. produced 'agticulturalandbtherfood.(jommodities for use in nutrition projects operating underapprbVedTitle III contracts for nutrition services with the '8~cipientPri()(authorizationfor these services will be provided by the Alliance. ' , . - -. . a.Manner of Service Provision: .. '-"--.,._,_....-. .-.-'" . -_.,.,- .,'. .' -- . '... .....-- '. ' .. ,'. ,. '.- .. . - -.' . ' -.- - . .'. . -. ,. - ,. .- - .. ' ,. .. - - . ' , . -. . -, . ,......,/Th~ii~ervib~si~illbeiprb~idedjnafrianrlJrcorislst~nfwithi~nd.d.~sbri6~d,. .' .,., ' '". .1r'lt~~redpjeht'gserViC~pr6vider'aPplic:stibrl..l.fpdatefbrfeder'~lfi$bal,.year 2p04CipdtheDepCirtment orElder Affairs Home and Community,:,BCised , Ser'licesHandbook....lnthe. eventthehandboOkis revised,si.Jc:hrevision ""iUiiptotrlaticaUybeJnCQfPorated intofhe..contrapt. and..th~ir~9ipjef1tlJllill ,'b~giy~f1acopyofthereVisions;'" ' ....--.....-_.-...:,...--,..-..,.. .'... ...' ......-.....-... - - . .... .." .., _. .--,' '-._" -'. '- ..., ", -c.- '. -::"-'::"-_.;,-" , -'...-. ...-. _..' .. .. - - " ,',' .. - ., ,,',.' ,.' , , , . . .. . . -. ,. - --. . - - ..- ' . . ' '... ..,--, -. .. A... Thisisiafixed rate contract. The Alliance shaUrnake paymenttothe recipientforprovision of services up to a maximum number of units of service and at the prospective rate stated below: SerVic~to.be. Provided Units of Service Unit Rate Maximum Units gfi~li~It?..9~rl9r~Q~te .iand Home-Delivered Meals 1 unit: 1 meal 0,5$99 75,792 ., ,.-' ,. Theprospediverateisbased on the estimated OM grant award; 5 October 1, 2005 Contract Number US~651 B. All requests for reimbursement shall be in accordance with policy regarding reimbursable meals and Client Information Registration and Tracking System (CIRTS) policy regarding data entry for reimbursable meals. All requests for reimbursement shall include: 1. The reque-stfor reimbursement shall be submitted on DOEA Form 117, Request for Reimbursement, USDA Cash-In-Lieu of Commodities. 2. DOEA Form 118, PSAfRecipient Monthly Meals Report must be submitted with the request for reimbursement. ., ' , - ,".' " '.. - ' . 3. Ac;IRTSreport must besubmitt$dwith OOEAForms117and 118 as supporting documentation for tl1e'.. totaJ nUmber of me;als.., reported . , The CIR"rS ,reporfmust..matchther19rnber.of meals reported, on DOEA Form 118. ' , , "-', , " '-','-" 4. DUplicationorreplicationbftheDOEA forrnsH7and 118 via data processing equipment is permissIble but replication mustindude all data elements in the same format as included on the departmental forms. 5. The due date for the requestforreimbursement and report(s) shall be no later than the 20th day oftMemonth followingthe month being reported; . . " -- , ' ""." ,. "...- ---" - .."". .:"" , ,",-.- . ,,,-.,,,,,'".-'. - . C. InvdiC~SWnlbejt1..suAAgjeJ1tdetailf()r~iproper".pre-a.udltandposfaudit. thereof The recipient shall maintaindocumentidion to support payment reql)~sts which shall be availablTtot~e, Comptroller, the Department of ElqerAffairsorth~ AIliance,upPtrrequesf. ' 2. In the event that the final reimbt,jrsel11ent rate is greater or less than the rate in Attachment I, Section liLA., then this contract shall be 6 October 1, 2005 ContractNumber US-651 appropriately adjusted and the final rate shall be effective for the entire contract period upon notice from the department's contract manager. E. Any payment due by the Alliance under the terms of this contractmay be withheldp.el"l~ing thereceipt and approval by the Alliance of complete and accuratefin~ncial andprograrnmaticrepodsdue from the recipient and any adjustments thereto,JncludinganyctisaHowance not resolved as outlined in 'Section I. T. of the Master Agreement IV. SPECIAL PROVISIONS A. StateI..Clw.andRegIjICition: . -.. ,-,-', -.' -.. :'",-':-,":--:,::-"-.-":.-.-.-.:--:,:".-.:.-,-,,.,":.",'.,_.'.-::.....-:-,':.'..:'::...,. ". :-."'.' "'---::.-'",". ,', : .".,-,' .---, ----.-' ,-,,-,....., .": .-'. --'.-:",".:..." .',-- - .',-'.- :.:-,-. - - . - - '..-',' ., . '":"'-' - --. 1.~. ,'... ,.t1er~cipi~ntagree$topomplywitt1appUcablep~rt$qfFlorida .'.'" .., '. ." '.9tatYte$,Ryl(958A""~,FI()ri,cl~,aclministrativ~.,.qO(jeian(:j.the .pepartl1'lent '.,of ElgerAffairsHome and Qomrnul1ity-BEisedSerl/ices'..HEir1dbook.,' ,', . . " ." .' -, ',. ::., .."--"",-, . '- - " . ::'-":','-'..,'.:."',.'.,-,." - - -:-....:':.--:, ,.. .':--'-,_., -.'. 2, TheiAHianceandrecipientagreetoprOVide servIces andiiTlplement , theprovisionsofthisconkactinaccor(j(ince withFederal,State,snd LqcalJaWs, rules, . regulations, and policies that pertain to the Nutrition Ser\liceslncentiveProgram cash payments and Older Americans Act. 7 BOARD OF COUNTY COMMISSIONERS AGENDAITEMSU~Y Meeting Date: November 15.2006 Division: Community Services Bulk Item: Yes --X- No Department: Social Services Staff Contact Person: Deb Barsell AGENDA ITEM WORDING: Approval for County Administrator to sign an amendment(s) to Older American's Act (OAA) Contract AA-629 2006 between the Alliance for Aging of Dade and Monroe Counties and the Monroe County HOCC and to obligate 10% match up to a maximum of $5,000 to accept one-time funding that may be available to provide additio~ services for the elderly during the contract period ending 12/31/06. ITEM BACKGROUND: It is essential that the Alliance for Aging knows that the BOCC supports the quick turnaround of OAA contract amendments in order to spend funds that are reallocated to Monroe County from Miami-Dade providers that are unable to spend all of their allocated dollars within the contract period. The Alliance for Aging will complete an analysis of available funds on 11/30/06 and seek amendments for providers that will be able to spend money quickly in the last weeks of the contract period. Monroe County needs to be poised to accept OAA dollars that may be available. A 10% County match is required. It is expected that no more than $10,000 will be available to Monroe County requiring a match of $1,111.11. See attached memo for additional background. PREVIOUS RELEVANT BOCC ACTION: Prior approvals ofOAA Contract AA-629 on 3/15/06, Amendment 001 on 5/17//06, and Amendment 002 on 6/21/06. Amendment 003 is requested on 11/15/06 to accept an additional $5,187 for meals in the Nutrition Program with an additional County match of $576.33. CONTRACT/AGREEMENT CHANGES: A fourth amendment to OAA contract will increase the total by the amount available for quick turnaround services delivery. Monroe County will be required to match the Federal amount with 10%. For example, if $10,000 is available for Monroe County, the BOCC will match $1,111.11. Any additional dollars to be added to the OAA contract will not be known until after 10/30/06 and will need to be spent by 12/31/06. ST AFF RECOMMENDATIONS: Approval TOTAL COST: estimated $11.111.11 BUDGETED: Yes NoX COST TO COUNTY:estimated $1.111.11 SOURCE OF FUNDS: GR REVENUE PRODUCING: Yes No-X AMOUNTPERMONTH_ Year APPROVED BY: County Arty _ OMB/Purchasing _ Risk Management_ DOCUMENTATION: Included Not Required_X_ DISPOSITION: Revised 8/06 AGENDA ITEM # MEMORANDUM October 31, 2006 SUBJECT: Monroe County BOCf} /" Deb Barsell, MS~., . irector Community servicWion Approval of Agenda Item to Amend OAA Contract AA-629 TO: FROM: The purpose of this request is to ensure that available funds from the Alliance for Aging can quickly be received by Monroe County to provide services for the elderly within a short period of time. During a meeting with the Alliance for Aging earlier this month, it was made clear that no additional funding in this contract period would be forthcoming to Monroe County unless assurance could be provided that a quick turnaround amendment could be negotiated to allow for the dollars to be spent by the end of the contract period (12/31/06). Consequently, this request is proffered to allow the County Administrator to sign the amendment and to obligate the 10% match. Once fully executed, the amendment will be submitted to the BOCC for ratification at a regularly scheduled meeting. It is essential that the Alliance for Aging knows that the BOCC supports the quick turnaround of OM contract amendments in order to spend funds that are reallocated to Monroe County from Miami-Dade providers that are unable to spend all of their allocated dollars within the contract period. Monroe County has previously missed out on opportunities for additional money at the end of a contract period due to adherence in obtaining approval for amendments at regularly scheduled BOCC meetings rather than seeking the action requested herein. The Alliance for Aging will complete an analysis of available funds on 11/30/06 and seek amendments for providers that will be able to spend money within the last 4 weeks of the contract period. Monroe County needs to be poised to accept OAA dollars that may be available. A 10% County match is required. It is expected that no more than $10,000 will be available to Monroe County, requiring a match of $1,111.11. Your positive consideration of this request is appreciated. , , , ,.-.,..-....-.--,...,--,--. ,..-.-':..._.'.-:..'.-:..,,',.,"--_.....----...,.,.,'. . '_T ..... .. .....,. ,__ __ ,... " ,;-;;::,>::-:::.:.::::;':-:"::'..' 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",.-. -.-.". ~!i,,'''::'' BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY ....."'iiflg Date: 1l/15-11l16-06 Division: Community Services Bulk Item: Yes --.-X- No Department: Social Services/Nutrition StatT Contact Person: Janice Drewing AGEl\rnA ITEMWOIIDING: , ' RequeSfapproval' of Amendment 001 to 2006..2007 Nutrition Services IncerttivePr6grarrl (NSIP) (formetly'USDA}Rate Agreement, Contract #US-751 between the Alliance fot Aging of Dade , and Monroe Counties and the Monroe County Board of County Commissioners (Social ServiceslNutrition Progratn). ITI:MiBACKGJ.{OUND:<" ',' """"" "", , ' ' .. ',"',', i',", ,','. "',' .,"',"',"" ,'. ",," """,","', '"',,. ,.,'<i ' ,'" ,<". ',T, h,',e", ',P"urp""'"',,,,,', 0",""" s,", e,,',',,',, ',o,f,', ,t", h", ,',e",', ',', ',',"',a".,m,i, ',en,,', dID, · ,,',', en, J is, ,t,o, ,'" C, h, ',i,an,'"",' "',,g,,',e, ',', th, ",e,t, 0,' '"t, al, '",""c", o,'",n, t"r,",a",ct,"", u,' ,m" <t, r, ,a, ',t, e, """" an" ".,d,,' "','.,t,, 0",', '" a," d,." ~u, s""t".ilie""",',.,..,n"",ll11l, '" b""" e" T,'" ".'.',of, ' ,units,.under..C{)ntract,:NSIP-75"l. ,ApprQval,' ,()f.the.',iAffiendlllent'. will...reduce,' .,the.,total".arn6unt...,.ofNSIP' ,fi1ndi1lgfr6n1$43,194. 00 to $33,80 I :56.Jt~lalsoincrease..t~euriitrei1l1bursetnentratefrolt1$;5699t0 $0.(j3.'111~maXimllmntlll1b~r ()funitstllleals) forreimburselllent .', isredqced '. from? 5,792 to 53,653. TheNSIP Contract compensates the Moriroe CourityNutritionProgram for meals provided to older adultdi~ritsover9() yearsQld whorece1vefoQdatJhefour Congregate Nutriticn Siteser through Home~Delivery. The reduction in the contract amount resulted from a decrease in funding by the Department efElderAffairs to District 11(DadeandMonroe Counties), administered by the Alliance forAging. " PREVIOIJS.RELEVANTBOCC ACTION: Pri()ri~I'proYaloftheNiltrition ServicesInc~ntiveProgram (NSIP) Contract #US~751 10118/06. ~.~~._~i~~~:~iChj#~~~~;t1leorj~t~~~~;~unf of$43,l94.00, Thercimbursement Tttteis increased from $.5699 per unit (meal) to $0.63. S1'k\Fl?ltltC<>'~~NPA.1.'l()1'l~:. .'. ..... .... .'.. .,.. .i/ '...' < ,. ....., ., j.\pproval..,...".Whplliti~approy~d,theam~ndment will'be.retrQa.Stlveto. Octgb.(;r..'l,.,'.2(}06. TfJTALC()ST:$33.80t.56 ,., ,.'BlTDGFJ'I'ltD:YesX ,.,. .." , COSl' TOeOtJNTY: SOI1RCE(>:FFUNDS:. IJSDA (Agriculture) REVENuE PRODUCING: Yes No X AMOUNTPERMONTH_ Year APPROVED BY: County Atty _ 'LlPurChaSing _ Risk Management _ DISPOsmON: AGENDA ITEM # D.'. OCUMENTA'l'ION. : . . - . ..., . Included X Not Required Revised 2/05 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract #Amendment 001 NSIP (formerly USDA) Contract #US-751 Contract \vith:Alliance fof Aging, Inc. Effective Date: 1011106 Expiration Date:9!30/07 ContractPurposeIDescription:.Approvalofthe Amendment wiUreduce the total amount of NSIP funding rrom$43, 194.00 to$33,801'56. It will also increase the ~it reimbursement rate froll1$.569~ to $0 .63~.,. The >rnaxlrnurnllurnberofllllits(rnt1alsfforreirnbllfsement under the Amendmentarereducedrron175792to53,653.TheNSIPPrograrnreimbursesthe Monroe COUl1tyNutritiou Program for Meals Served at Congregate M:eafSites audto Home-Delivered Meal Program Clients., who are over 60 years of age. Contract Manager:JaniceDtewing '(Name) Social Services/Nutrition Program , (Department) TotalDollar Value of Contract: $33,801.56 Budgeted? Yes0 No 0 Account Codes: Gran.t:$33,801. 56 County Match: $-0- Current YearPortion: $33,801.56 125"-61531-06-530491-_ 125-61532.-06-530491-_ - - - - - - - -""---- - - - - ~~~~~ >>>. ..... ,'., ..,> ' ...' ... '... . ADDITIONALCOSTS ~stip.,l~t~()ngc>illgCost~:$..,.> '..,lyr>"F'or:.,.."..,...,.......',.".'.,.'......,...,. .,. '.. '" ... ., ... .'. ..' '.','(Notmcll.1dedilid61fut valueabQvcy' . (eg;rtl:'lirit_ce,Utilities,jill1itorial,.SaJaries,etC.). , C~anges D~t~ll' Needoor\;.,' tel ,~ti{r YesONq~. Risk Management YesO NoEr ~ . /: O,t;BJPurchasing !!2/HJo~ YesO No@ COunty Attorney lokJb& Y esO No~ Date Out IfJhd!a Comments:_ OMB Fonn Re\'ised 9/U/95 MCP #2 MEMORANDUM MonroeCoullty.Board of County Commissioners BOARD Of COUNTY COMMISSIONERS Mayor Charles "Sonny" McCoy, District 3 Mayor Pro Tern Dixie M.?pehar, District 1 George Neugent, District 2 Mario DiGennaro, District 4 Glenn Patton, District 5 , ' . - -' , " . . , ., , .' -. Janice Dre\Ving,Setrlor Administrat6f,Monroe County Nutrition Program 10/24/06 Agenda Item te: Amendment 001 ofNSIP,.;751 Qctober I, 2006-September 30,2007 This memorandum isinreferellceto Arrieridment661ofNSIPColltracfUS-751, October 1, 2006~September 30, 2007 Nutrition Services Incentive (formerly USDA) Rate Agreement, between the Alliance for County Board Commissioners (Social ,. purpose of Amendment OOlistochange the total contract, unit rate, and toadjust the number of units under ,',.,.XontractNSIP-751,..J\pproval...ofthej.\1llendmentwiU. reduce the.total.antount..ofNSIJ> funding from $43 ,194.00, to , '$??,8QL56~,IfWill~~oil1gre~set~~ll11itn::itpb1Jrst1lIlelltrateffOln....~.569?to~O.63:. .'Thcmaxilllulll..numberofllllits .' .(meals)forreirn~qrsementun~erthe AtncI)d1l1entis reducedfi"om 75,792 . to 53?653,. TheNSIJ> Contract ','....'.c...'..o.. m.... p.e.n.,.'.sa.te.'.....s.'..t. h.....e..... M..,.o. nr.'. '. ,0.... e...".'.Go...'.u.',....n.',...'.ty,',.',... '.N...'. u, t. fl.,..tio......ll. '..... :P.,....f.O...gr..'. ..'....am.... ....fo. f...ffi.. .e. al.',. s.. p..'....f.. o.vi.d..".....e.,."..d.,.. ".t.o,...,.o.,..l..d. e..f.. adult. c....",..I.,.i.e.H.,. t.so....v....,.e..f.... 6.0..,.. y. e.ar...,S..... o........ld.. w.h.o.. ' teceivefoodatitl1ef'OllfC()ngt~gate .NQtriticmSitesorthrough14ome-Deuvery, i'hereduction in the contract , an1011ntTesultedi~()tl1 adecreas~illfu#dingbytheriepartfi1ehf of Elder Mairs to District 11(l)adeandMb11roe Counties),administeredbytheAIliance forAging." , The Nutrition Services Incentive Program (NSIP) is funded through the US Department of Agriculture and provides '(;3.shreilJlburscments to MeaL$ervice Providefs in lieu of commodities that were previously distributeci. The Program was fonnedy called th~<'USDAReimbursementProgram" and has been in existence for many years. The ,Nutrition . Servipesltlcentiv~P.tQ~atnsubsidizes the . cost of 1l1ealsprovided by the Monroe (Jounty r-Jtltrjtion " 'Program '.to older .adultsover60yearsofagefhrough Congregate Meal Sites . or home...delivered meals ("meals on wh(;Cls"J. distributedfo . clients~hoa:re qualifi.~~sfuooic~lyrieedy . Reitnbursefuents through this. Prografuassist , the MOfifOeCounty Nutritionprograth to payfOfthe c6srofmealsfor older adults. JaniceprewingNutritioll Prognllll,Director Monroe. County Nutrition .I'rogram 1,100, Simonton Street ~ Room.1-2()3 Key West, FL.. 33040 (305)292-4522 phone, (305) 292-4483 fax Amendment 001 CONTRACT US- 751 Page 1 THIS AMENDMENT, entered into between the Alliance for Aging, Inc. hereinafter referred to as the "Alliance", and Monroe County Boa.ed of Commissioners. The purpose ofthis amendmentlsto change the! totafcontract,unit rate and adjustthe number of units under contract. Payments will be made based on availability of funds. 1. Thisisa fixed rate contract.. The Alliance ;:ihallfi1akepaYnienUo the recipient forprovisjon of services uptoamaximum mimberof units of service and at the prospective rate stated below: Service to be Provided Units of Service Unit Rate MaXimum Units . . ....~llndiJllf . > Source OM. N utriti()l1Services incentivePro FdID TOTAL FUNDS CONTAINED IN tHtS CONTRACT: 93.053 $33,801.56 2. This amendment shall begin on October 1, 2006 or the date it has been signed by both parties, whichever is earlier. All provisions in the contract and any atlachmentsthereto in conflict with this amendment shall bet:incJ are hereby.ctlC:lnged to conformwittlthis amendment. .'.. .----"'-""'.".' .'.,' --' - '"--- -,.-..".... "- - .. '. --..... '.. -. '-""-', _.'. ".,.',., --- .,.... .., . -.".. ,. .. ....... ' . '.' . ". -- - -" - --... , --' - -. ... . .--',-.--.-.- -.. ..-.-...". ... .-" --... -.- --..- ..... .- .'.. -.. .. - .-. -..----- ..-.---'--.. .. .- -..' ._-.' - '- '.", -..--.... . ,. - "... .' - - ' - ' - - -. - . . -" . ....- .".- -.' .' .'... '.'. ..' ,. .- .. - .. . -..-. - ..... -" - . '-. . .- - ' .. --'..'- . . .'. '- ' ." - - "-.'. -- .. ,. ..,. '-" ,. - .... -. , . '----...'.'..-...-'.-.....-.-- -,-...-.-..------------.,.. ... ----,--..-. ... .-.... ,----........ '.. -'--'.'---' ....--- .-' -.,....-. --.-... --' - --.'-.--. ..-...... ---., .---.--.-. .. . -' . '..' '..-. .'. .. - ..'. .' .. - . ... '-.' - .. .' - - - . ". -- '.- -. -'. .. -.. .. . .' - - ' '. .'. -....,..., -' , . '.. - --. . -.. -. - . ..' . - '-. . . , , , . . .' .' . . - -.---'. -.-.--.- .-. -. .-. '-..-- ---. '.. - -.--.- -- ...' -..'..- - -.' .. - .. '...- - -.-. - .'- - - -." . - --. ..--...-,.... .. , . - ,. - -' -. .' - .. - . -" . .' -. -.- . ,., -. - -. -- -. -' , , " - - - - - ' . -' - .. .- --. .....- -.- - -. - '.. .. - - '-. .--'.- -... -... '.' --.'. .'-. ..-' - ... ."- ., --."- - -.... '. ._'- -..' -'. '. "'.-.' -. , . ".",. -' ., .., - - '" -- ' - ' , . ,... - ,. -. , . . . "..- - .' -- -. . . . -- ..'.-.. '-.. -.'.'.. .'--.. . '-' -... ... ...'. -'. -.'. '. - ---... ---. ..' .'... '. '- .'''.' .--'. . -"".'. ,.... -"-. -."'--.'. -----.,. ".' "-.'.-'-'.'."-' ....--- ..--.,....... -... --' -,....." -' ..'''-.. --'...' -"....,., ......-. -.-"-... ,.--.....,.. .---' "-,-,---....,. ._"-' ...-'.-'..' ...--'''-. . ......AII......pl'o.visions.not.in.conflictwUhthi$.ar.n$ndrnenfat$...$tiltfheffe(;t....arld$r~t()be.p~if()rrried....at . the level specified in the contract are hereby amended to conform with this amendment. Thisamen(jm~ntandC:lIIItsattachment:s~reher~by m~(je.apartofmec(jntra9t . '- -. - . - -- - '.--.. ... .. - -'. ." .'-.- -.-- - . - -.-.-. .... .---.-,,', .-...... '.'. '-. -..-' "-' ... ..... .- .-.. --' -,., , . --' ... , .- .--' - . ... --..- ., -. - .. -.., . ." ..... . .-. - .-' , . -."..' -.'" - '--' . -.. -.- ... , - -' .."... . ..". ..... '. '- '... . .-' - - ,. -' '- -. .. .-' - .-. , .. -. ..'- .." ... .. '.. -.'.. -- -,_.. ..-.- ..-' ..-. '- - '. ...' --.. - . .-.- -- . - -' . . . .....,-----.'. --"'. .-...'.' "..-'..' -...- ..".. .. .'. - -' '--.' '..". '- -' - '..-- ,. ,.. '-. ". '.-' ..'. --' -.-. - -' . ,.,.., '..' ..'-"'.. .. ..-' .-.-" .,.. ...-. . .-'. ., , , . ' .. ,.. '- .. "., , , ,., .,., ". - .. ." . . ' .....-..' - ,.. .. . .-. ' -.'. -.. . - '.' ,-- .' - ..', .' '..'. ' . ,. . . - -.' -'...' ,- - . . . -'. -. . - " '-' ...-.' -'. -'. .-. - .- . - .' . . . ".-."..' - . . .. ,-.... ,.,. " -. - --. -. ---. - - - ,. . , , .. '.' -.., . -" ,., . ..' , , . '- .. . . .---'., -- -..- .. '. '.. - -. - .- - .... - - -- .. . , . -' . - ' - ' . - - . '-' -' . , - " ... . . . , ... '-. -' , .. .. .. . ., . '- -. .. . . .- - . --' - ., ,...., . ... . . -.- -' -. - - " - .. .' - - .. . ... ., - . - ., -. '. . '. - '.. .. .. '-.. ' . - -' -' - ' '-. . -. '- -. - ' ... . ..- -', .... ...' .-. ,. ... . ..-. . - ..'.' .-.. . . . . '. -.. . INV\lITNESSWHEREbF,Jhe....partie~.hereto .havecausedthis...1 ~Plllge .am~ndmenttobe..exe~uted bytheirtJndetsignf';ld ..0ffjcials.a$.dulYC:luth(lriz.:ecJ.. . PROVIDER: Monroe County Board of Commissioners ALLIANCE FOR AGING. INC. SIGNED BY: SIGNED BY: NAME: Pedro Jove NAME: TITLE: TITLE: Presldenf&.CEO DATE: DATE: L -~! \} too "" T~. j"k'jJ,}}\. ;,.. f Ottober 1. 2006 COL . act Nlimber U$-151 NUTRITIONSEIIVICE$JNCENTIVE PROGRAM 2006..2007.CONTRACT THI$CPWTRACTisanteredintobetWeeothe AUi~nce for Agif)9. lnc,. h~fflillaftftt referrtJ(1 tOil~~h, $J\JriS&.:~Wj~l!":.dj)r~l:ountyEJO.rd~f CQ'bm;..lor1ert.hemiriafterre'a~tQ.~$)~ ,.~piit~t~" Tttisconttact ts $obj~'4aflpto.vlsiOn$..c~~fnfj~Jn..theM~$TERA~RE:I:MI:NT~xe~ted 6e~e~ttWAfliancetintrtn&tftclp~tttA9fDmentno.:PA~9f..arid!tS...' sUCcessor,.. il'lcOfptjtat~f'..e:reinbyreference. ....:....I$hth~.serViceSdelirieafed..orothe;wiSe.. . ...~_.II~ a.ii..~IifAlL, . - _ ., ',,' J ~, _ ',' -, _ ,__. .' .-. _ _.. " .',' _' '_ ,~ , . ,_~, ' _ . .' , c. Ffi1":R~~~t~;~~i~ri.~.. ......... ...... ................................ .......................<.. .. ..... ...... . The. Re(;jpientmust'Su~iftnef}"al..r~~esrforf)ayment.t()theA'tiance .ljl~\..l(fI~ ~.. c_;'_~.~,<,'_"~/.<,.-_..,,.- .-' . ! I ! I ~ ! j I /:;;,.,<:;:,:<:,::-~; ;>.>, ,. ... .,' - ,~ '_ n_. ., .,". '_ ' _ . . -.--.', . D. Adc:q~O~I~"~~'"9:a"!1J"~~'<<l: .l~<.. . ... ,.. . ..' . ..............,..... ... ...... 2. #~lIi.w~_i;.~ proil'ided. . . . . n. ThaAflianc$)\gN!lJft: A. Co~k~ctAm~ujt: . . .. . ... rp~~y;fQr~~~~ ~t;~rr!!ns...t9...~~.~~,dltlorlsotA~tL.fr!<!fl simmmt.I1Ofro~x~..t43.1~JlO,$ub~t.kfthiavalatiffity~QffUtldij.. 1 ~ o. laT .. r \'c. 4"63 ~ ] October 1 ~ 2006 Contract Number US-151 S. ObUg.tlon to Pay: TheAIHi'Jnte's performaoceandj;)blig~tion fl) pa)'under this contract is contln9Eilntupon an annual appropri~tlon by the LegIslature and passed throtjgtlthe.Oepa,rtment of Erder Affair's. c, SOtlreeof..Ftmd!f=.. ..... ..... ... Ttiei>>sts.of~rviP~'P:tljd.v~r.n~~1I)tlr c;m~(;t~frp.rI,"iat1YP~t1er . sQvrce~renot$Jtg~pt~Jo, r~im~~~l'lt u~rt,his C()11P'f.tct. . rhe funds awarded to.the reClpte"t pursu~ntwtni$contract are. in ..thestate grants andaidf:l~pprOpriatirlhf3arid tOns~of the fottoYiing: Ptogf~'J'..J., .. Fund.;Amounts. .. . .....$43~19J,OO ..... ,. "':':' """-,'" .,_.-._,.,.,-,:,.......-.'--.;.,. . - '.'-: ,.-.'_:, .~;':---- :'. -- ~- ;-~:~ :-~'.;,':: ,: A.effl!~~iit,"Q~~; ..... . > .... ...... 1. Thj$<:cntractsnajJtle'9jnonOCtper1..~906.. '. -, --,,'-': '- ',',' :- _ -...:, ... -,' _ "" , ' ". ': < ' .' -- -',,' ~ ~ - .'-" - -. . _ -: ., " . ' . .- '-" . -- . . '- ~ ., '. --, - - ,.. . e. . T~rm~~#9"~~IJ~P,""9#.~9r~f~cei;n.nt: . ..sridi~ .... ..0'$0 . ..siOnOftliis contract .. .'>"~j~lt'&~I.,'n~."$~t(;. ... . . ., . --, '. . ,-,'- _ . ~ -. . , , " , ',',.. , " _, .' , ,.- . c ~ . ~. , . C'<.&.Zt~!II~t=1 ./,: :>-;\',:;' -_:~' ;';~i_:-::'<~_\:--;':":,,): ':~': :::....: ..'::. . -, .:' -, -- .~ >>:,;:>:> ':' -:. ",; ','.. ';:',: '. ::.;- ,:':_' .-,.-::, -'.':-: :~: ;-,,":.-':;, O. N{)t~~I~~~t~ct....~~~~!~>~~~ati()n: 1. Tfilbniil~,;adqr{:i$$;~rid~ri.~riUmber of fhe contract ma(li$t~~r for the AllIance for thisconirac:tls: P(Jd~ Joij~CEO. 95fJo SouthP8lf$lanl#i)ow~v~rd, Suite 400 ~4~1f1~~~1~ .. \:"(5)$7~,,,OO 2 !) I.5')AM 'ii6.146] ,: A ... Lf Octobor 1 t 2006 CcntractNumber U8..151 2. The name, addre$s, and telephone number of the represcntatlveof the recipient responsibfefor administration of the program under this contact is: ..... Oet.)B~eI' GA TOeuiJding....1J()OSilnon~on Street . key \lV'es(fL~:3040 .1405\292-4573. . \-- -.---....l.-."c C'_C''''C.'''.''.'''.''',,,.... .. . 3- In the event different repfEJ$$ntatwes arerlesignated by either party aftar executiOn oftni$ contract. notice of the name a~addres$ of the new repr~s~n~$j\t(t wiltljS.rerideredin Writing to the other party and . saklngt~a~i!!dto~jnals.cfthj~contrac#.. ... ~'I~~~"IIf'.~~k ....K~la~lr~... (305)2924573 . . , . , , ".. E~ fe':1eg::~~~~:l:i~nthefufl4Irlgjn thl$ _cOrift~Ct..~.> . .. . . oorrespondings'JYic$$~l~~JDjn.jl'l~re<1StlOr~'~$<<J~ may..Pe u- -.foimJ1f;. ... - .p'A~r4.f- _.d< .---.$& ...2;.tZ;~;'.~.It" conta.ined. intr,asef\j. -..ice ..pm.v_-...ld.ef' aw../icario. n orteq. ..~..u.. irOO......t.rt. J.bi$ confrad. This. shaJt..be..donewifhiri.t~.'Norking .daysofreteiPtof suchhotice, . . . 3 ~,j.T4tJT, J. October 1, 2006 Contract Numbef' US..751 IN W1TNE$$THEREOF. the..parti~sheretoh~vecaU~ed this 7"~~ contract to be execuledbythelr. undersigned officrals as duly authorized, R€(ifPJENT: MQ~Rb~pqVNTYBOAROOF COMMJSSIONERS g(j~gi~pR;e$lQI2NTOR .. AUTH0RIZeOOESIGNEE ALLIANCE FOR AGING. INC. ;" <::":.: ::./':~--; :._,": ::-:,.:.:--:\> :'\".::'?:)"::~ :). .-:::-:.-/ ~~,~ "-- ::::: :; , .. .. n'" - -, ..' ...,........,.. .. ' ~~" : _.-.. .. .. _ _ .. .. .-,.. " .. .-- .- " .. .. " - .., -. - ." .... .. .n"."... .,._,........ .. . .. -, ".' ' .. ,. .'." '- ;-,'-, <-"_'. .,-....:. :.-..-. : '_0'" -. ".; _ .. :... ,'. .- .... ~~. :.. ... ...' c.' -_'..."..-.. -. - d. c. .. .., - '.. . '- ' . ,. .." . - , . _.. -" -, - - -. -', . "_, ....'.' - .....,._. _.: 0' ...... . . .-,. ...-', .', ,," ,-.. ......~JGN~fjiSy-~u...................... .. - ',-,',. . " -, - . - . :"':':,-''-,'-,':',..'',,. c':"c.:.c, ,.- ,--".'. .. .", '" ,- ~,- - . ..< .c.., ;':",'~ '. -: '. ...,.::......'.'.-,-"/.: ..........$J~N~Q~Y't ....... NAME: TITLE: DAtt;; ..,'.--"-.:'::'.::';.:,'--.,.;::'.'---.'-.-. ...... .~~~e,. Pr~sirJsntICE() . CASSEL A$SIS1',6;r.i(66Ut>ITYATTORNEY DatI>' ~;;',.iJr.;;tl.6... ........ .......... .4 ;!'<:j, i".j: t; J \F-i~ i d, !.~;:jO l JiMiV: Contract Number U8-751 October " 2006 ATTACHMENT I NUTRfTlON SERVICES INCENTIVE PROGRAM I. STATEMENT OF PURPOSe The Nutrition SerlfiCeS 'n(;entiv& Program (NSfP) is authorized by Section 311 of the Older AmericansAcf of2000.~s amended. The.NSIP Is th~ new name for the formett,Jnf~~tl!1~S 1JtJpai'tmeot of ~iculture(U$O"lC$sh or commodityp~mknown as theNutntlOnPfugiam fotthe Eideny. NSIP provides reimburSement fridhe ptiicllase of Ur'iftwStafes produced agricultural and other fO(jd commodities for use in nutrition projects operating under approvadOlder Americans Act Title III contracts. ft. SERVICeSTGJBE PRc)V'DEO .._. . ~. '. d . - - . " . . .' -.' - , -'. - .- .' " . c- ,-' ...A.....tVit~j: . - -.. , . -. .' "~c. - '-,'.-. .' ,_' _'. ..::.., _:"':. .-.... . '..'c.. _ :.-: -'../_, ,-- __c .. .t)wnie~.ptofapr~,.alJthPrfZatiOhfor$~lces.frpJhAifi.riCe .staff..fo . .PIi1v:~~th~fC:illtl~g~~J:vt~.~::tHep~rehase of Unl~~tatespr9duOOd. ~gf~ftUra'~~otber'fcod C6p1rnodities for use in nUtriti6rip,oJeCl$ opetalingunder. apyirove(J rft~mc6ritra(::t$fOi'nutrltiOn;seMceswlth the Recipient. Prior authOrization for these services will bepr'Ovlded by the Alliar!(';e. S. Manner o,fStftVIceProvisl6n: Servii;e~ .."fffu n . .. . .' wm~utomaticanybe incorPQr~.thfo the contract and lhe recipient will be9WenaC6py~.ttlereVi$ipij~ . . , .. .. ., -,..' - -, JJI.~l:T~~').~F~A~"E~r. . .' , , " .", .." -~ . : ~ '. ---'. '.> ..- ,.... . ,.., ':. ': ~'" . :"co -,. ':; >:." _ . : . :.- , . .::....;: ~ - '. -' .. - ',' - : ~ :.- '. ~. -- -. ::" ~-. .- -. . -.. , " . A.T~I~f~.~fiXeQ.~tt)~ritra~tTi)eA!t@n~ ShalJ Im3k.p,1;tYmenitothe rertiP~t(or.~iSk>>16f $erVtce~fuptQ~.maKimUm number ofurifts of $eMc.(f:~l1datthe pro5PeCfiv9ratesfafetfbek>w: S~!Yice to be Provid'lid Units .of SerAc. UnltR$ ?hximum Unn$ Eligible Congregate and Home I.JeJlvered Meafs 1 unit == 1 meal 0.5699 75,792 The prospective rate is. based 00 the estiti1ated OM gr~nt1J/tft5Jrd,. 5 TJ. iOU"b""""'I= JtfA~':"-:".'''' . Mt.T.16 J P October 1 , 2006 Contract Number US-751 B. Allf09Uf!Jstsforrefmbursement shall.be.in accordancewith.poficy regardingreimbu$~le.~~lsantJ Client Information Registration and Tracr<jngSyst~m{Cf~l'$),ppJ;cy r~~rd;ng data entry for reimbUrsable meals. Ali requestsf6r reimbursement shell inClude: 1. The~u~Stfot r~imbursementshanbe submitted on DOEA Form 117,ReguesrfofRafmbursement, USDA Cash..lo.;.Ueu of COrn~itie$. ", " ' - - ' . 2.Dqi::AF6f'm1fa,PSAlR~nt MOl1thiy Meats Report must be sobn'litted . with the request tor reimbursement. 3,. . AGU~T$reportrntlstbe$~~tted.WithDOEAFotmSt17 8pd118as ~~I~~~*~I.~~t~.~u=~We:t.~The F&Jom1}1~>> . ...../.... ...... ..It;lIr.~.~. 5. Tti~dtJe da~forth~.r~qll~$f()f:(~imtn,lfflEHne1Jtancl'r(ip9Jt(~)~hafl be I1l)'ki~r thatithe>aiJtlY9f.:therngnthfoUowingthemon,tti.bain9 r~pt1rted" ... . . '. . - .', .. . ' . 'c'c ~,:,;: ,-', : : :',;,-: '"': ,', _': ' ~.'c:',:..:,. ':, ~ , ; .: ..... : ,- " ,: c: c . , , ,: _' . . _ . : ' ., " 2.~~===ft~~~~~~an 6 ~" i ~< 20"06 r:"'r6A~:'''' October 1, 2006 Contract Number US..151 appropriately adjUsfed andthe fiNd rate shall..1)e effectiV6 for tne entire cootractperiorl upon notice fromthe department's contr?ct manager. .' .' - . . -'. -, -' -. . E. Any payme"tduebytheAlllanc:e undertl1~termsof t~iscontraet may be withheldp~Pd'"g ther~~IP~tlrK.fapPr()YaJbytneAfflanc$ of~pfete and ~cturat(Jfi"~n~~I..;:l~~pr~mrnaticrepOrt$duefmmthel~pl~ntand anyadjus~~tstheret().fi1PiiJdingat'fY disaUOW811oo not fesoN#das outlined iri SeCtion t t: o1ttleMast$rAgre.ement. .. ,_.___.______,.._.."c"..__"...,.,." "......'...-.."......:.........,. ..... ....,,' - .-'. . .--' -,' . N. SPECfAJ..PROVISIONS A. State Laws and Regul.tlon: .......",..-,.--... .",,-,- ... ThEr~Pleht- u. ,... mP' . h J f F .1"...~II.dll&....1 ~, : ~,-; -; -' .~ ~ -. -. '.aAt.'!.~IB_.I. Serilces..tncentM3Ptogramcashpayrnenls soo'OldiJrAmencansAct. 1 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: November 15,2006 Division: Community Services Bulk Item: Yes ..lL..... No Department: Transportation Staff Contact Person: J eITY Eskew AGENDA ITEM WORDING: Approval to issue a PO for ten percent (10%) ofthe total purchase price to acquire one transit bus, The 10% is required to secure the vehicle Federal grant awarded to Monroe County by tbe State of Florida Department of Transportation. The 5310 Grant requires using FOOT FVPP-03-SC-l Florida Vehicle Procurement Program. ITEM BACKGROUND: The Federal Transit Administration (FT A) will subsidize the purchase of one transit bus by providing $59,990 Federal funds, $7,499 State funds and the County will provide a 10% match of $7,499. This is a sole-source purchase not being able to purchase vehicle from another vender. This vehicle replaces an existing aging bus in the Transportation fleet, See attached memorandum. PREVIOUS RELEVANT BOCC ACTION: Approved tbe Application and Notice of Grant Award for Federal Assistance between Monroe County and the Federal Transit Administration to purchase one bus for tbe 5310 Grant Year 2006. CONTRACT/AGREEMENT CHANGES: NA STAFF RECOMMENDATIONS: Approval to issue Purchase Order. BUDGETED: Yes ~ No SOURCE OF FUNDS: 001~61525 560641 $7,000 001-61525 530460 $499 Federal Funding $59,990 State Funding $7,499 REVENUE PRODUCING: Yes NA ~o _ i~flU~lJffR MONTH NA Year APPROVED BY: County Attorri~Yb4~~:~"~OMBIP\ir~lfs;~~ * isk ManagementfYt J \ Included --X- Not Required~ TOTAL COST: $74,988 COST TO COUNTY: $7.499 DOCUMENT A TION: DISPOSITION: AGENDA ITEM # Revised 8/06 OKl!v~ErY ~O~~~~E (305) 294~4641 ,;'~"-.-'~ , BOARD OF COUNTY COMMISSIONERS Mayor Charles "Sonny" McCoy, District 3 Mayor Pro Tern Dixie M. Spehar, District 1 George Neugent, District 2 Mario Di Gennaro, District 4 Glenn Patton, District 5 To: From: Date: Subject: Monroe County Board of County Commissioners Jerry Eskew, Transportation Administrator November 15, 2006 5310 Grant Transit Bus Purchase Monroe County Transit is requesting approval to issue a purchase order for the 100,,10 match of the total purchase price to Getaway Marketing, Inc. for a Glaval bus. The bus is funded using the Federal Assistance under the D.S.C. Section 5310 FY 2006 Grant Award. This is a sole-source purchase not being able to purchase vehicle from another vendor. Ninety percent (900/0) of the funds come from the FDOT State and FTA Federal 5310 Grant with Monroe County providing ten percent (10%) matching funds. The 900;" portion of the funding is paid directly by the FDOT 1FT A through the Florida Vehicle Procurement Program (FVPP) to the pre-selected program's vendor. It is important to note that Monroe County is never in receipt of those (90%) funds. Additionally, Monroe County's is responsible for the balance of the purchase price the 100;" match, which the County will be obligated by issuing a purchase order to the program's vendor, in this case, $7,499. The bus purchase was budgeted in both the FY2006 and the FY2007 County Budgets. The bus will replace an aging bus in accordance with Transit's vehicle replacement policy which is buses older than 5 years and more than 100,000 miles should be replaced with new less maintenance intensive vehicles. \~ Florida Department of Transportation JIm BUSH GOVERNOR April 24, 2006 DISTRICT SIX .... PUBLIC TRANSPORTATION OFFICE DENVER .1. STtTLER, JR 1000 NW J I I III AVE., ROOM 6114 SECRETARY Mr;\Ml, fL 33172~5800 NOTldt(3l}""5GitAl~tt5A WARD Based on the Agency's Application for Federal Assistance under the U.S,C. Section 5310 dated, January 23,2006, on file with the Department, the Florida Department of Transportation hereby makes the tollowing grant award to jJ1onroe County Board of County Commissioners~ IIOO Simonton Street, Room H88~ Key West FL 33040. The final decision will be made by Federal Transit Administration in July, 2006. Description Estimated Value Est. Matching Funds ReQ'd. One (1) Type D Body-on-Chassis transit bus 23'-31' diesel wlc lift 4-20 ambo seats with 6 w/c $75,000.00 $7,500.00 Please contact the FOOT Contractor, Cindy Wooten, at 813-974-9771 to arrange purchase of the above items. FLORIDA DEPARTMENT OF TRANSPORT A TION --:I' " .#'~c.? / ,/~ /17 ~./..... .C' Award Approved by: __~---=~~ (Signature) Date: .$~t: ~ Go Name and Title: Carl Filer, P.E., Public Transportation Manager ACCEPTANCE OF GRANT A WARD "'(TO BE COMPLETED AND SIGNED BY THE RECIPIENT AND RETURNED TO TlfE FDOT DISTRICT SIX OFFICE BEFORE JUNE 30,1006) The undersigned accepts the ahove-described award and: (Check all appropriate) a. Reaffirm... its aSf,'unmces toFT.A and [''DOT {is stated in Exhihits F, G, and H of Its application. X D, Requests purchases of the vehicles/equipment in Jfonth Year A (iENCY: ?renree C v Board of County Commissioners Accepted by: Typed Name rmd Title: Charlc::s n 2006 Agency vendor number as registered in Jly Forida ""'larketplace: . SHOULD YOU HA VE /LVY QUESTiONS, KINDL Y COi~'Dlct'-i~~Jj;~fJi'100ff!ffs-470-5166 www.dot.state.fl.us *' nECYCLfiJ PM'ER Org Code Expenditure Detail Item Budget grouped by Business Center, Business Unit Monroe County Board of County Commissioners Fiscal Year 2007 Servi{;:", FY 2lHii.l FY 200S FY 10'10 FY 20ti Dew!! Item Leve! Budget Budget Social SaNlc*,ili$ ~'~ ,. 61525 Social Service Transport /~ \ . / 56064 J Capital Outlav Veh.icles / '\ ~ ADA Paratranslt Bus (5310 Grant 10% Match Funded) 1 / 7,000 7,000 7,000 7,000 7,000 Variance: This, amount was primarily a reclassification from 560640 Capital ~ay - Equioofent to the more appropriate Capital Outlay. Vehicles, Minor Increase IS due to Increased cost of vehicle being con~ Notes: II was decided by the County Administrator the Bus Program would alternate years in which the County would fund an additional bus purchase. FY 07 Two Buses-Roll 06 unused funding, plus grant purchase FY 08 One Bus- Grant purchase FY 09 Two Buses- one County funded bus purchase, plus grant purchase And so on each fiscal year. GovMax 9126/2006 Florida Department of Transportation Public Transit Office Order Packet ORDER FORM - PAGE ONE i AGENCY NAME: ~ r , l PURCHASE ORDER NUMBER: CONTRACT # FVPP-OS-CA-4 ORDER FORM FOR 23',25' and 27' GLAVAl CUTAWAYS ON CHEV/GMC CC4500 GVWR CHASSIS WITH 17,500# GVWR GETAWAY MARKETING, INC. DATE: ~ I ("XB~) 'D "_A,_.. F.I.N.#: \ E~ .~ CONTACT PERSON: _}i:::J<:tZ'Y-:,s K E'vLl ,:)05 (Name and Telephone Number) Zq'Z?~,Li4Z5 June 2005 Item Unit Cost Quantity Total Cost $63,824 ; $64,525 t (~'"1 c:. 7 C; $66,092 $575 i $625 $825 Base Vehicle Type Chev/GMC CC4500 23 Foot Chev/GMC CC4500 25 Foot Chev/GMC CC4500 27 Foot Paint Scheme Choices Scheme #1 Scheme #2 Scheme #3 Floor Plan Choices (pick one brand) Freedman Seats (Standard) Standard Seat (per person) Fold-away Seat (per person) Child's Seat (per person) $212 $331 $241 Ib 5~!7 L, American Seating (Option) (without 3-point tie-.down) Standard Seat (per person) Fold-away Seat (per person) Child's Seat (per person) PAGE ONE SUB-TOTAL $183,50 : $280 I $20250 , ! , I i , I $387 ! $387 fc L~22 i i I I """,.'"'... I 'lI"1"I~1'I"- iY3 Securement Systems (pick one stvle) Q'Straint QRTMAX (per position) Sure-Lok Model FF600AL (per position) FVPP.05-CA-4 - 9 - JUNE 2005 Florida Department of Transportation Public Transit Office Order Packet ORDER FORM - PAGE TWO CONTRACT # FVPP~05~CA~4 ORDER FORM FOR 23" 25' and 27' GLA V Al CUT AWA YS ON CHEV/GMC CC4500 GVWR CHASSIS WITH 17,500# GVWR GETAWAY MARKETING, INC. June 2005 Item Unit Cost Quantity Total Cost Side Wheelchair Lift Choices (Dick one) Braun N919 $2,195 Braun Vista V919 $2,195 Ricon Sw2010 $2,195 Ricon Klearview K2010 $2,195 I 2J '95 Maxon WL-733L $2,195 Other Available Options HELP Bumper Rear with Hawkeye System $340 I :< Li C',} AUro Flooring $245 Gasoline Enqine 8100 VORTEC Chev 325 HP - ($5,370) Aluminum Wheels (in place of steel wheels) $937 Freedman CL 67 Air Suspension Driver's Seat $780 Freedman Soort Seat with Relaxor $305 REI Public Address System $410 Additional Seat Belt Extenders $17 Lf GtD (2 provided w/order) AM/FM Radio $168 Manual Entry Door (in place of electric door) - ($300) TELMA Retarder $5,250 Stainless Steel Wheel Inserts $242 I 7W7 PAGE TWO SUB~TOTAL I ?Ru (sub-total of this page) ""...."".... .",,"""''''' I ,~"_0 f PAGE ONE SUBwTOTAL 7: (carry forward from previous page) .......... ........ J GRAND TOTAL 7~CH=iP, (sum of page 1 and 2 sub-totals) ---- ---- I { ;~)\^'j FVPP..o5-CA-4 - 10 - JUNE 2005 Florida Department of Transportation Public Transit Office Order Packet CHOICES FORM CONTRACT # FVPP-05-CA-4 ORDER FORM FOR 23" 25' and 27' GLAVAL CUTAWAYS ON CHEViGMC CC4500 GVWR CHASSIS WITH 17,500# GVWR GETAWAY MARKETING, INC. Seating Colors: (circle one) Blue SEATING AND FLOORING CHOICES ~" ~~ ~" ,,~ Beige Flooring Colors: (circle one) Blue Beige Black Paint Scheme: (circle one) #1 #2 #3 Paint Schemes: Agencies will select colors (2) for background and stripes when orders are placed. All paint scheme pricing shall reflect white base coat. If an agency requires a paint and lettering scheme that is NOT GENERALLY covered by one of those listed above, they may make separate arrangements either with the manufacturer or a local vendor to provide these services. Upholstery Information-Vinv! Colors Avaifable: Blue Vinyl Combo: Center insert of seat to be Blue/Gray Print CMI part # VP-MEDLI- KEAZU, Outside wrap and back of seat to be Blue solid CM I part # VP-MEDLI- TRAZU. Grav Vinvl Combo: Center insert of seat to be Blue/Gray Print CMl part # VP-MEDLI- KEAZU, Outside wrap and back of seat to be Gray solid eMl part # VP-MEDLI-TRGRY, Beiqe Vinvl Combo: Center insert of seat to be Beige Print CMI part # VP-MEDLI-KEVER, Outside wrap and back of seat to be Beige solid CMI part # VP-MEDLI-DOSN8. WHEELCHAIR LIFT CHOICE Wheelchair Lift: (circle one) Braun N919 Braun Vista V919 ~'~~-~"~'~ \~ Klearview K2010 ) ~~~,~~~~'~~'" Rican S-2010 Maxon WL-733l SECUREMENT RETRACTOR CHOICE W/C Securement: (circle one) Q'Straint QRTMAX FVPP.05~CA-4 . 11 JUNE 2005 ~anroe ecunt~ see serv 2886317 "" ~~ ! .1 ",! 1 5 I ,I I I t;I<1 :: I' 'U l I I 1 ' 1 ! I I I I I I i {! ~,~,~~~~~~._~"~-~~ p.~ 2 Florida Department of Transportation Public Transit Office Order Packet GETAWAY MARKETING, INC. REPRESENTING GLA V AL BUS ORDER PACKET Contract #FVPP-05-CA-4 Cutaway Type Vehicles Chev/GMC CC4500 Chassis 17,500# GVWR FVPP~05-CA-4 - 1 . JUNE 2005 Florida Department of Transportation Public Transit Office Order Packet CONTRACT # FVPP-05-CA-4 ORDER PACKET FOR 23',25' and 27' GLAVAL CUTAWAYS ON CHEV/GMC CC4500 GVWR CHASSIS WITH 17,500# GVWR GETAWAY MARKETING, INC. General Information The Florida Vehicle Procurement Program (FVPP) issued Proposal #FVPP-05-CA to establish a series of state contracts for the purchase of Body on Chassis Cutaway Type Vehicles. Through this process five contracts were awarded to two different vendors each representing a different vehicle manufacturer. This Order Packet is for Contract #FVPP-05-CA-4, which was awarded to Getaway Marketing, Inc, on May 26, 2005, to provide Glaval Bus Cutaway Type Vehicles in lengths of 23, 25 and 27 feet on Chev/GMC CC4500 chassis with a Gross Vehicle Weight Rating (GVWR) of 17.500 pounds. This Order Packet contains the necessary instructions and forms for agencies to place an order with Getaway Marketing to purchase these vehicles. This information can also be found at the FVPP website - This Order Packet also provides guidance and clarity on the relationships between the seller, the buyer, and Florida DOT's FVPP. The complete Contract #FVPP-05-CA-4 is accessible from the FVPP website. This 114 page document contains the following sections: . Part 1 - General Requirements and Conditions, and Contractual Provisions (Including copies of all U. S. DOT Federal Transd Administration certifications) . Part 2 - Technical Specifications . Part 3 - Options . Part 4 - Quality Assurance Provisions . Part 5 - Warranty Provisions . Part 6 - Paint Schemes For further information on the FVPP and Contract #FVPP-05-CA-4, please contact either Hank Cusack (813-974-7834) or Cindy Wooten (813-974-9771) at the University of South Florida Center for Urban Transportation Research (CUTR). FVPP-05-CA-4 ~ 2. JUNE 2005 Florida Department ~f Transportation JIi: B IH)SH GOVERNOR April 24, 2006 DISTRICT SIX PUBLIC TRANSPORTATION OFFICE 1000 NW 1 I I m AVE., ROOM 6114 DENVER J. STUTU~R, JR. SECRETARY fv!rAMI, FL 331725800 NOTICIt(lJ'~-5GitA~'5A WARD Based on the Agency's Application for Federal Assistance under the U.S.c. Section 53 iO dated, January 23,2006, on file with the Department, the Florida Department of Transportation hereby makes the following grant award to iYlonroe County Board of County Commissioners, ii 00 Simonton Street, Room 1/88, Key West FL .13040. The final decision will be made by Federal Transit Administration in July, 2006. Description Estimated Value Est. Matching Funds ReQ'd. One (1) Type D Body-on-Chassis transit bus 23'-31' diesel w/c lift 4-20 ambo seats with 6 wlc $75,000.00 $7,500.00 Please contact the FOOT Contractor. Cindy Wooten, at 813-974-9771 to arrange purchase of the above items. FLORIDA DEPARTMENT OF TRANSPORT A TION Award Approved by: Date:';: l.",JJ:! (Signature) Name and Title: Carl Filer, P.E.,Public Transportation Manager /4CCEPTANCE OF GRANT /4 WARD ...., TO BE COMPLETED AND SIGNED BY THE RECIPIENT AND RETURNED TO THE FDOT DISTRICT SIX OFFlCE BEFORE JUNE 30, 2006) The undersigned accepts the above-described award and: (Check all appropriate) .LL a, Reaffirms its assurances to FTA and FDOT as stated in Exhibits I': G, and H of its application. b. Requests purchases of the vehicles/equipment in ( / ('rr(). Jlonth Year A (iENCY: Honroe C Board of County Commissioners l)'petl Name and Title: rr (,~flI!It!(Ure) /kcepted by: Ch,J".rles l~Sorlnv!f Agency vendor number as registered in illy ForMa ,llarketplace!;:.:' www.dot.state.fLus ~ cf-~"-- CD _..~'M ~ ,1>diLU::: }-.""'r~E::1"1 Florida Department of Transportation Public Transit Office Order Packet Vendor Information To place an order for a vehicle under Contract #FVPP-05-CA-4, contact either Susan Gould or William Gould at Getaway Marketing, Inc. . Address: Getaway Marketing, Inc. 212 Highway 301 Boulevard East Bradenton, Florida 34208 (941) 747-5486 (877) 287-7287 Toll Free (941) 746-8834 Susan Gould or WilHam Gould . Telephone #: . FAX#: . Contact Persons: Procedures for Ordering The following sections provide guidance to be used by the vendor and the agencies in the ordering, delivery, acceptance and payment for vehicles procured under this contract. All parties are advised to fully review the full contract document available on the FVPP website. Contract #FVPP-05-CA-4 will be the governing document. Agencies should understand that each order placed with and acknowledged by Getaway Marketing, Inc. constitutes a contract between the purchaser and Getaway Marketing, Inc. only. The contract implies no duties or responsibilities by the University of South Florida Center for Urban Transportation Research or the Florida Department of Transportation. The terms and conditions of this contract are to be administered and enforced by and between the agency and the vendor. Orderinalnstructions Agencies must utilize the order forms in this Order Packet to place their orders. Agencies are encouraged to contact and work closely with Getaway Marketing, Inc. in finalizing their orders, to fully understand the options available, to select the floor plans and seating selections, the paint schemes, and any special options or conditions that may impact the final order and purchase price. Please submit a separate order form for each vehicle ordered. Contract #FVPP-05-CA-4 is to provide Glaval Bus Cutaway Type Vehicles in lengths of 23, 25 and 27 feet on Chev/GMC CC4500 chassis with a Gross Vehicle Weight Rating (GVWR) of 17,500 pounds. Among the standard components of this vehicle are: · ChevroletlGMC CC4500 Chassis <\> 6.6L DuraMax Chevrolet 300 HP diesel engine as standard · Allison 1000PTS Pupil Transportation/Shuttle Series transmission Flat floor design .. Electric door opener as standard · Multiple floor layouts and seating options · Choice of wheelchair lift types and models FVPP-05-CA-4 . 3 JUNE 2005 Florida Department of Transportation Public Transit Office Order Packet . Choice of wheelchair securement systems . Several standard paint schemes . Several options Most agencies already have an idea on the type and number of seats and wheelchair positions needed to meet their floor plan requirements. A wide variety of floor plans are available. Agencies should work closely with Getaway Marketing, Inc. to develop and finalize their floor layout plans. Based upon this consultation, Transit Plus, Inc. will develop a proposed floor plan based on the Agency's needs and fax a copy of the plan to the Agency for verification and approval. The Order Packet also includes illustrations of the basic vehicle paint schemes and the description of the available options to assist the Agency in completing your orders. Included in this Order Packet are the following forms and information: . Order Form that provides: o Base vehicle prices o Unit seating and wheelchair station prices o Paint scheme options and prices o Individual option and prices o Sample choice forms . Sample Order Form - providing an example as how to complete the order form . Description of Options . Available Paint Schemes Please submit a separate order form for each vehicle ordered. After determining the length of bus, floor plan, paint scheme and desired individual options, to complete the order form place the number of items in the corresponding quantity column. Multiply the dollar figure in the cost column by the number of items in the quantity column to calculate a total cost for that item. Enter that amount in the total cost column. Add the total cost column amounts together to arrive at the grand total for the vehicle. The grand total will be the figure used on the Agency's purchase order. Unless your vehicle is funded in part by the FTA Section 5310 grant program, the Agency deals directly with Getaway Marketing, inc. Once the details of the order are finalized, an Agency Purchase Order must accompany all orders placed with Getaway Marketing, !nce for those vehicfes funded outside the FTA Section 5310 grant program. For all vehicles funded through the FTA Section 5310 grant program, a copy of the completed order form and either an Agency purchase order or a check for the Agency's portion payable to Getaway Marketing, Inc. must to mailed or faxed to the CUTR Section 5310 Program Coordinator: FVPP~05.CA-4 ~ 4 JUNE 2005 Florida Department of Transportation Public Transit Office Order Packet Ms. Cindy Wooten CUTR Section 5310 Program Coordinator USF-CUTR 4202 E. Fowler Avenue - CUT100 Tampa, Florida 33620 Telephone: (813) 974-9771 Fax: (813) 396~9345 The CUTR Section 5310 Program Coordinator will verify the order accuracy, complete the request for the FOOT share, and forward the request to Tallahassee for the FOOT purchase order. When the FOOT purchase order number is assigned, the CUTR Section 5310 Program Coordinator will place the order with Getaway Marketing, Inc. and notify the Agency of the status, Getaway Marketing, Inc, will provide written confirmation to the Agency and/or CUTR of the receipt of the order within seventy-two (72) hours of receiving the order with purchase order. At a minimum, the acknowledgement of the order will contain: . The Agency's purchase order number . The date the order was received . The date the order was placed with the manufacturer . The production and VIN number when available . The estimated delivery date (when available) Delivery Completed units must be delivered to Agency within ninety (90) days from receipt of chassis or purchase order, whichever occurs last. In the event of delay in completion of the delivery of vehicles beyond the date specified in the contract, in addition to any granted extensions agreed to in writing by the Agency, the Agency may assess as liquidated damages, twenty five dollars ($25,00) per calendar day per vehicle, Each vehicle purchased through the FVPP shall be routed to the FOOT's Springhill Inspection Facility, located in Tallahassee, Florida, for an inspection prior to delivery to Getaway Marketing, Inc, Getaway Marketing. Inc. should see that all noted write-ups are corrected prior to final delivery to the procuring agency. This inspection by the FVPP is not represented as being "all inclusive" and in no way relieves the dealer from the required Pre-Delivery Inspection (PO!). Prior to the vehicle(s) being delivered, Getaway Marketing must perform a POL Upon completion of a POI, Getaway Marketing, Inc. will be required to deliver the vehicles to the Purchaser, The dealer shall notify both the purchasing Agency and the FOOT District FVPP.05.CA-4 - 5 JUNE 2005 Florida Department of Transportation Public Transit Office Order Packet Office a minimum of 48 hours in advance to arrange a delivery time. The vehicle shall be delivered with all Contractor/manufacturer's quality control checklists including road test and final inspection (properly completed and signed by an authorized plant representative). Other documents/items required at delivery include: . Manufacturer's Certificate of Origin . Application for Certificate of Title . Bill of Sale . Warranty Papers (forms, policy, procedures) . Maintenance Schedule . Operators' manual . Invoice (To include contract number, P.O. number, VIN#, and agency name) Final Acceptance Delivery of the vehicle(s) by Getaway Marketing, Inc. does not constitute acceptance by the Agency. The vehicle will be considered "accepted" upon passing the inspection and issuance of an acceptance letter by the Agency. The terms of the contract state that an Agency has ten (10) calendar days after receiving the vehicle(s) to perform the Post Delivery Inspection and issue either a "Letter of Acceptance" or a "Letter of Rejection" to Getaway Marketing, Inc. and the Florida DOT District Office contact. The "Letter of Rejection" will state and describe the areas to be found in noncompliance with the bid specifications, incompleteness, or any defective or damaged parts. A vehicle should be rejected if any items are missing, defective, altered, incorrect, or incomplete. In the event a vehicle(s) is delivered incomplete or contains any defective or damaged parts, the said parts will be removed and replace by Getaway Marketing, Inc. New parts will be furnished and installed by Getaway Marketing, Inc. at no cost to the Agency. If there is work involved, warranty or othelWise, to repair or place the vehicle(s) in proper complete condition, such repairs will be made by an approved firm in accordance to the warranty provisions of the contract Placing the vehide(s) in revenue service will automatically constitute "acceptance". In such circumstances, a "Letter of Acceptance" should still be sent to Getaway Marketing, Inc. Acceptance of the vehicles shall not release the Contractor from liability for faulty workmanship or materials. FVPP.05-CA4 . 6 JUNE 2005 Florida Department of Transportation Public Transit Office Order Packet Payment For vehicle purchased without funding from the FTA Section 5310 grant program, the Agency should complete all necessary paperwork and submit its request to process the Agency purchase order payment within five (5) days after the delivery and/or acceptance of the vehicle. For all vehicles funded through the FTA Section 5310 grant program, the Agency should approve and process its purchase order to allow a check for the Agency amount to be sent to Getaway Marketing, Inc. for its share of the vehicle. If, instead of a purchase order, a check was provided at the order request time, forward all invoices to the CUTR Section 5310 Program Coordinator along with the acceptance letter. Upon receipt of the Agency's portion of the vehicle, Getaway Marketing, Inc. will contact the CUTR Section 5310 Program Coordinator with a request to process the FOOT purchase order payment approval. The total purchase price should be paid in full within sixty (60) days after acceptance of each vehicle. Agencies should note that failure to meet the net 50-day payment terms could result in the assessment of interest and other penalties. Terms are those shown in Price Proposal Form F of the contract document. A 2% monthly service charge will be added to all past due accounts. FVPP,05~CA-4 . 7 JUNE 2005 Florida Department of Transportation Public Transit Office Order Pac ket EXHIBIT A ORDER FORM . FVPP-OS"CA4 - 8 JUNE 2005 Florida Department of Transportation Public Transit Office Order Packet Event Data Recorder Channel System Selections As detailed in Section 2.45 of the Technical Specifications, an event data recorder (EDR), Circuitlink International "Tacholink", (or approved equal) will be mounted on each vehicle. The EDR will provide a continuous log of vehicle activity. Speed history, odometer, excessive RPM, heavy braking, fast acceleration, idling exceptions will automatically recorded by exception. In the event of an accident, all data shall be permanently captured in "tamperproof' flash memory (4MB minimum) for a minimum of (30) seconds prior to the incident and (15) seconds after the incident at a minimum interval of 25 milliseconds. The EDR will provide an automatic trigger function with different user definable thresholds for moving and stationary conditions. A manual driver alert button will be provided to allow driver "tagging" of either an accident or vehicle fault condition shall be located behind upper bulkhead and must be accessible through a latching door. All software for user configuration, data logging, and downloading and report generation will be included. All software will be Windows-based. Trip data will be stored in Microsoft Access database. All data will be the property of Florida DOT and will be immediately available to Florida DOT. There will be no additional charges, for hardware and/or software services or annual fees will be incurred by Florida DOT or any operator. Additional digital input channels will be provided to allow for status monitoring of a maximum of eight (8) vehicle sub-systems. Standard systems that will be monitored shall be: brakes, lights, signals, flashers, driver's seat belt, wheelchair Ilft, engine temperature and front door. Each agency may substitute any of the standard systems detailed above with any of the following optional systems: oil pressure, low air pressure, low voltage, or emergency exit door. The limit of the total systems to be monitored is eight (8). Below. Dlease indicate the eiqht fa} vehicle sub-systems to be monitored on this vehicle. If no selection made, the standard systems will be programmed. For each of the optional systems you select, you must not include one of the standard system selections, A limit of eight (8) total systems per bus can be monitored. Select Eight Systems To Be Monitored (Maximum of Eight (8)) STANDARD SYSTEMS OPTIONAL SYSTEMS 1- Brakes I 1 9. Oil Pressure mnnm........-..-T2:-f:jg hts-..---..----.m..---..------m...----.-.....----.-~..---.--m...-.--n-Tio:-'Iow-Alr Pressu-re....n..n.-.nn ~~^~^ ,-_.......----_.----------...-. --- i 3, Signals I i 11" Low Voltage _._._.___.__._m___-+_._m._____.m_.________m...._.___._.__..._____._____.______n._____._.__n_.._..~........__nn._..__.....L..___.._____.._._.__.__.._______.___n____...____._______.. om'M~ cc~cccc, 1 4. Flashers i j 12. Emergency Door Exit ~.___n.._._.__.._. ._~~~_~______~___~._.___.__-----+-~___ I 5. Driver's Seat Belt I i ~____._~~.._._.__________~____n________mm.__.__________~-m----_-.-----__~________n I 6. Wheelchair Lift I ! -~-~~-~--~-~-~~~~----~-~~-~~~~~"--~+~~-~-"~-~~~-"-"-~"._~~_"~CC_-~~__C-"~,~"-_-~~~~r~_~~~~~-~~~~~-~~~~_~r~-~ ! 7. Engine Temperature i I -1.-.----- +--_.__~~.._.nn_._.n_...._._.._...._.._____.....n._______.__... I S. Front Door '. FVPP.05.cA4 . 13 JUNE 2005 Florida Department of Transportation Public Transit Office Order Packet EXHIBIT B SAMPLE ORDER FORM FVPP~05~CA-4 ~ 14 - JUNE 2005 Florida Department of Transportation Public Transit Office Order Pac ket SAMPLE ORDER FORM - PAGE ONE CONTRACT # FVPP-05-CA-4 ORDER FORM FOR 23', 25' and 27' GLAVAL CUTAWAYS ON CHEV/GMC CC4500 GVWR CHASSIS WITH 17,500# GVWR GETAWAY MARKETING, INC. AGENCY NAME: DATE: PURCHASE ORDER NUMBER: CONTACT PERSON: (Name and Telephone Number) Jul2005 Item I Unit Cost I Quantity I 6~~: J!~se Vehicle Type. .. .~.m~~ I ~__ ~C h~\!{G M C..gC4500 _.?} F oat ..mnnn....~m. I $6~2~?m-:1-~.nmm..mmm ....................... .... .......~~.... Chev/GMC CC4500 25 Foot I $64,525 I 1 I $64,525 ~. Chev/GMC~ntC4500-.~ 27 Foot _nn~~~.....~---T $6({092--r~~~mm.m_Lw . w.. _ ~m"~______~~M~~C~CCcc~~~~_~"^~"~'~~"_'_ ._~~c_~'c,~ ~ "~^^~m^_~~_~~~_________.+-____.o___~c,c~c~c~~~~ I ' I _....nmn_ I ....+.~_.~_+_......n~._ ......-----nml.-..I. .....$82S-~~1._n.._~1 $825.--m ~! $625-=-~t ~-- ! $575 I , _.~... ....._.n I .~....mnm._ 1 I . I. : I ~. ... .n...nn.~~_...m I EI~~r Plan ..9.hoices ~~ (pick one .brand).....___._-L_.. ."~n_m. I ....m...__..~__m.. __free~man Seats (Standard) -~_.- .mm~ $212 m +_.m. L..... I $1,2-7-2"- __..nnn Standard Seat {eer person) . m: _-+_ ...........~.. . _mnm Fo[d~away Seat (per personl. mn i ~~.~Lnm.--l-_-_~~m....~J $1 ,986 ~ Child's Seat (per person) nmn~~."~ $241 [~...nnm. ! '_"~'n_~_ 1 ! ~ American Seating (Option) m~n~m'i I ..m~n I m.__ ~~Jwithout 3-point tie-down) __..... .~m...L t..-nnm I -...-.-- ~~~~~wQ9a~~ Seat (pe~_p..~rson) __.mm nn~~~._....L.. $183.50 ,_.nennn ...nem..w__ f--.-... ...f old-a'Nay Seat (P~LQ.~!sonJ ..~.nn~____n._mm.~..;_.~~9~ne. mLn_~_..._+mmm._... .~n___nn_ Chilq'?_ Seat (p~.~ person) .._ne.n.nnnn~...n...mm...___..L..~~.Q~:?Q nn__~~nn .. nL____nn_____..... ; I ] (--.._.___nn n. mmnn_n_~m._mn._. I m..n.__~~~.n_.Lw. nn. _m. Securement S~stems (pick._!:>.l!ne style) _n_m.~~__._nn__ i .....m.nn. ! .....~.n ..mmw~' Q'St~~!nt QR!~..AX (per P2.~i~il:)Elt__..m_nene.mm... i $~~L.__.l---....nn._.nennnmw+- "n.~nn m.nnn..~!J.re-Lok lVl()c!~LEE~.QQ~h.n(Per positiontmnnmm. I $387 n+ ~ nnnng.nmmn.L..Ji.IZ:L .. Paint Scheme Choices _._w___~__.._._~_m'W""'nn_nenenn~.nmn.__._~~nn.~_nm~_W'_~nnn..n~' Scheme #1 Scheme #2 Scheme #3 PAGE ONE SUB-TOTAL $69;382 fVPP-05-CA4 - 15 - JUNE 2005 Florida Department of Transportation Public Transit Office Order Packet SAMPLE ORDER FORM - PAGE TWO CONTRACT # FVPP-05-CA4 ORDER FORM FOR 23',25' and 27' GLAVAL CUTAWAYS ON CHEV/GMC CC4500 GVWR CHASSIS WITH 17,500# GVWR GETAWAY MARKETING, INC. Jul2005 Item : Total Unit Cost I Quantity I Cost Side Wheelchai~J:~!t~1~~ices (pick on~Lm~~..~......~__j J.~...m...~~l Braun N919 i $2,195 I ' ...m~Bra'un'Vista V~.Lf}...~....'~ ..... . T-'$2J95 t~... 1 t-"$2~f95 .. Ricon S-2010 I $2,195 ' i f-... R icon Klea rviewK2Cffo'" __~~~._...w.._._...._..~=+_~~~.!.f}~~......t~...m~......._.~.t_m..._....mww~ Maxon WL-733L .. ...___..~.~..I $2,195 ~.._...~m~......1 Other Available QEtions .....-._-~_.~.__...._...__L_-==~=t. I~"'''''''-~~~ ._.~JtE:LP Bumper Rear with fj~wke~ Syster!!__..........L.......~_~40 I 1 ~+_..~...~.~~ Altro Flg9.ring mm ~_ $2~~........_1 1 -l-._!?~~l.~-.--~.. m. Gasoline Engine 8J.Q.Q..\{PRTEC Chev ~?_~mljP.....~~1..::j.~.?-'}701J ..!.. ..~..._ i - ($5,370) .____.~lurt!inum Wheels (in ~!?ce of steel wheels) _~m.......~m. $937 I m_.l.~..___ Freedman CL 6} Air Suspension Q~!\i'~r's Seat i $780 J..._. I.' '-.. Freedman Spor:!~~?t with Relaxor _w__.....~ J~ $305 L........ REI Public Address System . $410 r 1 ! $410 --:A.dditional Seat Belt Extenders ;....$17 I tmm_..~~._-- (2 ~rQ~!~ted w/order) ........"..".. ! ----.~....~..... I ..~~ AM/FM RadiO i $168 I I ~~n.~~~!.sE1!r.Y.._QQ.~~f~:cL'!..p!.~g~...2L e lectrlc.~d.oo.ry.--=.t=~.(~~gQ2.....~.r~~~=~~~~~~.....~..~._.L.....~....~.....~=. TELMAJ~etarder ~ : $~,250 I ......l.__......__~ .... Stainless Steel~~heellnserts ~.~_......~.._~~ $242 +~_....!......_+- $242 ..~ . J...~__..~.~..~~ r..................... i ~.~.~......~ Operator Interface : I i n~_~_~_"~_~~"~^~~__~~~~_^_~~~____~---'----O--______~_~~c~~ccccrcccc,cc~t~~coo~~~~~"~~_~_---'---___.___~_~__""n'~ Operator "Sma!LI'!9.:. Button (1 pe~.g.~i-"-~r2..~....~..~J__...~40 ~m..L......... j ____m...... ~.~~~!ton Reader (1 per c.i.Eile2!L...... ...~~.~.m.--..~.~......~..L.. $120 1...... mm.........................____... 2i!!i!.QQ..vynload Interface .....__...__~~_~ ~-~--~L....~ 1 .1........--.-- .Qig1!al Smart Module (1.p.~!~.f=i~2.9t) ___mm...~..~~~ $170 i mm.c...____ ~M..B~~~~q~U1 per depotL~___.__..... ...l....m~__lZ?_ i~~.......~ RF Vehicle 1~llt~~ace (1 per bus) : $36q~~....~.~.t .,1 ~.............__~.._ J3.EJ?i::!~~m~~?tion Receiver {1 per ~~~pot) '~m....~~~.ZQ~.... 1..............._ Bus !- O'~~!!Q!1__~. M apping ..m.......~..~~m..._. !-...-.....~-..~.-m.~~.~..~~i........~....J......~~...----- ~!?~.i~9.'=.~...B.~.~~Jy~!.JJ.P~.~~l:'~t.. ...~... ~... ~J.~.'!~~ ........... ......... $440 l..~apEi'!R.9.oftware & Mar>~Jl_J~~L~.~Pot) ..~....~J!..9Q9 i .....+~.. $1000 _____~. __~m..~.. Tacholink Event Data Recorder FVPP~05-CA4 "16 -- JUNE 2005 Florida Department of Transportation Public Transit Office Order Packet Item Unit Cost I Quantity Total I Cost PAGE TWO SUB-TOTAL I (sub-total of second page) ....-........ ! .............~ -($498) PAGE ONE SUB-TOTAL , i $69,382 (carry forward from previous page) ---- -""'...... GRAND TOTAL $68,884 (sum of page 1 and 2 sub-totals) ""~"'*~ 7#;""''''''''''' FVPP.05-CA4 . 17 - JUNE 2005 Florida Department of Transportation Public Transit Office Order Packet SAMPLE CHOICES FORM CONTRACT # FVPP~05~CA-4 ORDER FORM FOR 23',25' and 27' GLAVAL CUTAWAYS ON CHEV!GMC CC4500 GVWR CHASSIS WITH 17,500# GVWR GETAWAY MARKETING, INC. SEATING AND FLOORING CHOICES Seating Colors: (circle one) Blue ~ Beige Flooring Colors: (circle one) Blue Gray Beige Black Paint Scheme: (circle one) #1 #2 (:0 Paint Schemes: Agencies will select colors (2) for background and stripes when orders are placed. All paint scheme pricing shall reflect white base coat. If an agency requires a paint and lettering scheme that is NOT GENERALLY covered by one of those listed above, they may make separate arrangements either with the manufacturer or a local vendor to provide these services. Upholstery I nformation- Vin vi Colors Available: Blue Vinyl Combo: Center insert of seat to be Blue/Gray Print eMI part # VP-MEDLI- KEAZU, Outside wrap and back of seat to be Blue solid CMI part # VP-MEDLI-TRAZU. Gray Vinyl Combo: Center insert of seat to be Blue/Gray Print CMI part # VP-MEDU- KEAZU, Outside wrap and back of seat to be Gray solid CMI part # VP-MEDLl-TRGRY. Beige Vinvl Combo: Center insert of seat to be Beige Print CMI part # VP-MEDLI-KEVER, Outside wrap and back of seat to be Beige solid CMI part # VP-MEDLI-DOSNB. WHEELCHAIR LIFT CHOICE Wheelchair Lift (circle one) Braun N919 Braun Vista V919 Rican 8-2010 Rican Klearview K2010 Maxon WL-733L SECUREMENi REiRACTOR CHOiCE WIC Securement: (circle one) Q'Straint QRTMAX ( Sure-Lok ,~Ode' F600AL / '--- FVPP-05-CA-4 - 18 JUNE 2005 Florida Department of Transportation Public Transit Office Order Packet Event Data Recorder Channel System Selections As detailed in Section 2.45 of the Technical Specifications, an event data recorder (EDR), Circuitlink International 'Tacholink", (or approved equal) will be mounted on each vehicle. The EDR will provide a continuous log of vehicle activity. Speed history, odometer, excessive RPM, heavy braking, fast acceleration, idling exceptions will automatically recorded by exception. In the event of an accident, ail data shali be permanently captured in "tamperproof' flash memory (4MB minimum) for a minimum of (30) seconds prior to the incident and (15) seconds after the incident at a minimum interval of 25 milliseconds. The EOR will provide an automatic trigger function with different user definable thresholds for moving and stationary conditions. A manual driver alert button will be provided to allow driver "tagging" of either an accident or vehicle fault condition shall be located behind upper bulkhead and must be accessible through a latching door. All software for user configuration, data logging, and downloading and report generation will be included. All software will be Windows-based. Trip data will be stored in Microsoft Access database. All data will be the property of Florida DOT and will be immediately available to Florida DOT. There will be no additional charges, for hardware and/or software services or annual fees will be incurred by Florida DOT or any operator. Additional digital input channels will be provided to allow for status monitoring of a maximum of eight (8) vehicle sub-systems. Standard systems that will be monitored shall be: brakes, lights, signals, flashers, driver's seat belt, wheelchair lift, engine temperature and front door. Each agency may substitute any of the standard systems detailed above with any of the following optional systems: oil pressure, low air pressure, low voltage, or emergency exit door. The limit of the total systems to be monitored is eight (8), Below. please indicate the eight (8j vehicle sub~svstems to be monitored on this vehicle. If no selection made, the standard systems will be programmed. For each of the optional systems you select, you must not include one of the standard system selections. A limit of eight (8) total systems per bus can be monitored. -- Select Eight Systems To Be Monitored (Maximum of Eight (8)) ---m--T---------.- ----------. i STANDARD SYSTEMS i OPTIONAL SYSTEMS i xx ~-}:m~~~~t-.-------m---------.- I ~~ -+19fi:--~~~:;:rs~;:ssuremm----._----~ m____~____.~_m_____m_______________.__m____________ i xx.m--jm1:'-:--iow Voltage mm_______.u_... XX I 3, S!g~!~m_m____._._m__._m_.__ I . __._um___m _____m.._____._ XX i 4. Flashers i I 12. Emergency Door Exit um------m-Ts. Driver's Seat Belt rm.---u---------i mm____ XX j 6. Wheelchair Lift -----I---------~.- I ___..m. XX 7. Engine Temperature-m--m.-------Tm i --------. [ 8~ Front Door~rm~cm-_mmmr~~cc~~"-"~--~~-~---, ___wmmmm~~~ ..---------- ------------------ FVPP-05-CA-4 . 19 JUNE 2005 Florida Department of Transportation Public Transit Office Order Packet EXHIBIT C OPTIONS FVPP~05~CA4 - 20 JUNE 2005 Florida Department of Transportation Public Transit Office Order Packet OPTIONS CONTRACT # FVPP-05-CA-4 ORDER FORM FOR 23', 25' and 27' GLAVAL CUTAWAYS ON CHEV/GMC CC4500 GVWR CHASSIS WITH 17,500# GVWR GETAWAY MARKETING, iNC. 3.1.0 AMERICAN SEATING (without 3-point tie down) 3,1.1 Standard seat (includes retractable seat belt assembly attached to the seat frame) 3.1.2 Foldaway seat (includes retractable seat belt assembly attached to the seat frame) 3.1,3 Child seat (includes retractable seat belt assembly attached to the seat frame) 3,2.0 HELP BUMPER-REAR 3.2.1 Rear energy absorbing HELP bumper by Romeo Rim assembled rear HELP bumper with HawKEye Reverse Assistance System (Romeo Rim HELP Guard) in place of standard rear HELP bumper, Or approved equal. 3.3.0 AL TRO FLOORING 3.3.1 Altro Transflor slip resistant sheet vinyl flooring, or equivalent 3.4.0 ENGINE The 8100 VORTEC Chevrolet 325 HP gasoline engine in place of the 6.6 DuraMax Chevrolet 300 HP diesel engine in the Chev/GMC chassis. 3,5.0 ALUMINUM WHEELS 3,5,1 Aluminum wheels in place of steel wheels. 3.6.0 DRIVER'S SEAT 3,6.1 Freedman CL 67 air suspension driver's seat with right hand arm rest in place of standard driver's seat 3.6.2 Freedman Sport Driver's seat with Relaxor, four zone eight motor system with lumber heat in place of standard driver's seat 3.7.0 PUBLIC ADDRESS SYSTEM 3,7.1 Radio Engineering industries (REI) driver controlled public address. FVPP~05-CA4 ~ 21 JUNE 2005 Florida Department of Transportation Public Transit Office Order Packet 3.8.0 SEAT BELT EXTENSIONS 3.8.1 Extends standard seat belt. Two seat belt extensions offered as standard. Extra seat belt extensions are available. 3.9.0 AM/FM RADIO 3.9.1 Installation of an AM/FM Radio with speakers is offered as standard no-cost item. 3.10.0 DOORS 3.10.1 The front service door shall be mechanically opened and closed by means of a driver actuated manually operated, door control. The door opening device shall be a manual over-center type with self locking adjustable length door control mechanism which can be easily operated by the driver from the driver's seat (e.g. school-bus type actuator handle). The door opening device stand shall be constructed of 1 x 2 inch (minimum) tubing with all tube bent corners, no 45 degree sharp welded ends mounted around engine cover and must not interfere with driver leg space. Stand may not be braced over the engine housing so as to interfere with removal of the cover. Stand shall not protrude past leading face of the engine cover, into the step well area. 3.11.0 RETARDER 3.11.1 The vehicle shall be equipped with a self air cooled, electro-magnetic, drive-line Telma retarder properly sized to meet vehicle specifications. Retarder shall be automatically and progressively activated upon depressron of brake pedal. The retarder is to have four dash mounted lights which indicate stages and percentage of retarder engagement. A speed switch shall be provided to automatically discontinue the retarder when the vehicle comes to a stop. Retarder shall have an ASS interface. Design and installation shall be in accordance with industry standards as they pertain to drive-line design. Upon request there shall be a copy of engineering computations and drive-line conformity made available. 3.11.2 The installation of Telma retarders is no longer a dealer installed option. Any Telma retarder system must be installed by the manufacturer and be included in the As Built Wiring Schematics. 3.12.0ADA DEVICES 3.12.1 Rican wheel chair lift. (per Part 2) 3.12.2 Braun wheel chair lift. (per Part 2) 3.12.3 Maxon wheel chair lift. (per Part 2) FVPP-05-CA4 - 22 JUNE 2005 Florida Department of Transportation Public Transit Office Order Packet 3.13.0 STAINLESS STEEL WHEEL INSERTS 3.13.1 Bus shall be equipped with stainless steel wheel liners/inserts both front and rear. 3,132 Wheelliners/inserts shall be Versa-Liner or equivalent 3,13.3 Wheel liners/inserts shall be made of 304L stainless with permanently attached simulated lug nuts, 3.13.4 Wheelliners/inserts shall be one-piece design and must be designed to be attached without interfering with the lug nut to wheel surfaces. 3.14.0 WHEELCHAIR OR MOBILITY AID RETRACTOR SYSTEMS 3,14.1 Q'Straint QRTMAX 3.142 SURE-LOK Model #FF600AL FVPP-05-CA4 ~ 23 JUNE 2005 Florida Department of Transportation Public Transit Office Order Packet EXHIBIT 0 PAINT SCHEMES FVPP.05.CA-4 ~ 24 JUNE 2005 Florida Department of Transportation Public Transit Office Order Packet PAINT SCHEME #1 I "I ! ;.,.J ! I ! I 1 I I j M1ft I~! N~ ! [ J 'I I I TN , j "1 ! I 1 "'~ i ! '1 , I I , i I~ l~ I I I r t ! ",' f f' I c I i N!' L j '~r~~ 1 L I I r L I L, I 1 , T J " '~ I ;mJ i r , t ....e my Q r:z1 I j,,~ i i , j ~- I V' I j ~~" I .<,;;- To;f.~~~.'"'.o:-c';^,,~ --""'" r J j I , . ~ UQ~ FVPp.05.CA-4 . 25 JUNE 2005 Florida Department of Transportation Public Transit Office Order Packet PAINT SCHEME #2 I.-~ [;~'" fc I r j t~- ; f^ 1"' j I j l r I ; I" i i ; I %~ ~ oiIIIl~UC~ 1 f' I ! , L f ~ -c. lI';",)l'Q_ ~\ff.. FVPP~05~CA4 " 26 JUNE 2005 Florida Department of Transportation Public Transit Office PAINT SCHEME #3 Order Packet t.)aQ"e... -<Cl.U~EI:Is-.: FVPP.05-CA4 < 27 ~ JUNE 2005 Florida Department of Transportation Public Transit Office Order Packet EXHIBIT E SAMPLE FLOOR PLAN LAYOUTS NOTE: Most agencies already have an idea on the type and number of seats and wheelchair positions needed to meet their floor plan requirements. A wide variety of alternative floor plans are available. Agencies should work closely with Getaway Marketing, Inc, to develop and finalize their floor layout plans, Based upon this consultation, Getaway Marketing, lnc, will develop a proposed floor plan based on the Agency's needs and fax a copy of the plan to the Agency for verification and approvaL FVPP-05-CA-4 - 28 JUNE 2005 2B86317 Sep 13 08 01: monro~ count~ soc smrv p.13. 00 2:0BPM ( J $ ~ r<J I I ! ! r j I f I p,l No. Florida Department of Transportation Public Transit Office Order Packet FVPP-05-CA4 ~ 29 - JUNE 2005 GETWA Y MARKETING, INC. FOR GLAVAL BUS Contract #FVPP-05-CA-4 Cutaway Type Vehicles CC4500 Chassis PART 1 GENERAL REQUIREMENTS & CONDITIONS, CONTRACTUAL PROVISIONS Contract #FVPP-05-CA-4 Cutaway Type Vehicles CC4500 Chassis Florida Department of Transportation Public Transit Office Part 1 CONTRACT # FVPP-05-CA-4 GENERAL REQUIREMENTS AND CONDITIONS, CONTRACTUAL PROVISIONS 1.1 SCOPE Notice is hereby given that the Florida Vehicle Procurement Program (FVPP) will establish a statewide Purchasing Agreement between Florida Transit Agencies, hereby know as the "Purchasers", and Getaway Marketing, Inc., hereby known as the "Contractor" and/or "Proposers", for the manufacturing and delivery of the 2005 model year: GLAVAL BUS CUTAWAY TYPE VEHICLES This contract is based on the representations, documents and descriptions submitted by Getaway Marketing, Inc. in response FVPP Request For Proposals (RFP) #FVPP-CA-05 issued December 21,2004. 1.2 QUANTITIES Minimum and maximum quantities are established as follows: MINIMUM MAXIMUM CUTAWAY TYPE VEHICLES 5 500 These numbers reflect the immediate and foreseeable needs of agencies within Florida and were determined by using the most recent state of Florida Program of Projects, historical data from previous FVPP Purchasing Agreements, and Agency(s) vehicle replacement schedules. All or part of the quantity of vehicles stated herein may be assigned to other public transit agencies desiring to purchase the same equipment specified in Part 2 of this solicitation. The Purchasers will be allowed to purchase this vehicle as long as current production year chassis are still available from manufacturer or suppliers, under the same terms and conditions stated in this initial Purchasing Agreement The FVPP wi!! have an option for the Purchasing Agreement for four succeeding chassis production years. Any optional Purchasing Agreements shall be subject to the same pricing, terms and conditions of the original Purchasing Agreement. However, a chassis model price increase will be allowed when a model year change is specific to the automotive or bus industry. The Contractor shail provide a certification from the manufacturer to justify the chassis model price increase. The price may be adjusted only in the same amount as the price increase to the Contractor. The Contractor must submit the request and all necessary FVPP-05~CA-4 . 3 - APRIL 2005 Florida Department of Transportation Public Transit Office Part 1 documentation to the FVPP Program Administrator. The Contractor may request an increase in the second stage production costs after, or in conjunction with, the chassis increase request being received by the FVPP Program Administrator. The FVPP will compute the second stage costs utilizing the formula explained in Exhibit 5. A final annual adjustment will then be authorized after combining the chassis increase with the second stage increase, if any. The date found on the Manufacturer's letter, stating the new chassis cost, shall be the month used as the future Recomp month as described in Exhibit 5. Each proposal shall be submitted with the understanding that acceptance in writing by any Purchaser of the offer to furnish any or all of the units therein, shall constitute a contract between the proposer and that Purchaser only, and implies no duties or responsibilities on the part of the FVPP or the FOOT. The terms and conditions of said contract are to be administered and enforced by and between the Purchaser and the proposer. The Purchaser is responsible for: providing the dealer with the properly completed forms and order information; resolution of issues relating to liquidated damages, late payment penalties, etc; and adhering to the terms and conditions regarding Final Acceptance and Terms of Payment as stated in the Purchasing Agreement. The FOOT and FVPP are responsible, and have an obligation to, oversee the proper use of Federal and State grant monies; to ensure that all Federal, State and Purchasing Agreement requirements and certifications are met; monitor warranty and dealer services; conduct on-line and/or dealer inspections and intercede on behalf of the Purchasers. This contract includes the following that are incorporated herein: Part 1 - General Requirements and Conditions, Contractual Provisions Part 2 - Technical Specifications Part 3 ~ Options Part 4 - Quality Assurance Provisions Part 5 - Warranty Provisions Part 6 - Paint Schemes 1.3 TRAINING REQUIREMENTS Training is important to the FVPP as this new vehicle may have components unfamiliar to the Purchasers' maintenance personnel. The FVPP is concerned with the type of training provided, qualifications of the instructors, and the amount of training provided, As a minimum, the FVPP expects to receive: Driver Orientation/Certification Air Conditioning/Certification Wheelchair Lift/Certification Securement Device/Certification Maintenance Familiarization 8 hours @ 5 locations annually 4 hours @ 5 locations annually 4 hours @ 5 locations annually 4 hours @ 5 locations annually 8 hours @ 5 locations annually FVPP-05-CA-4 - 4 APRIL 2005 Florida Department of Transportation Public Transit Office Part 1 Dealer Orientation Upon Deiiverv: The dealer shall provide a vehicle orientation with each vehicle delivered to an agency. If an agency orders more than one (1) unit of identical specifications; the orientation shall be provided on the first unit delivered. The orientation shall be conducted by the dealer for the maintenance and operations supervisory personnel. The orientation shall include, but not be limited to: . Engine type and proper type of fuel . How to check coolant level and type of coolant required . Function of all controls on the OEM . Function of all controls on the second stage driver control panel . Identify location of and function of controls of all add-on equipment such as AIC, wheelchair lift, restraint systems, etc. . Locate and identify all alarms . Locate and identify tire pressure 10 plate . Location of battery and how to service 1.4 PROPOSER QUALIFICATION The Proposer certifies that it is a firm or corporation that: a. Has in operation, or has the capability to have in operation, a manufacturing plant adequate to assure delivery of all equipment within the time specified under this Purchasing Agreement. b. Has adequate engineering and service personnel, or has the capability to have such personnel, to satisfy any engineering or service problems that may arise during the warranty period. c. Has adequate working capital or the ability to obtain working capital to finance the manufacturer of the vehicle. d. Has the ability to comply with all federal, state, and local regulations including, but not limited to, Buy America (49 CFR 661), New Bus Testing, Chapter 287 of the Florida Statutes, and the Americans with Disabilities Act. e. Has the ability to certify by completing certification of compliance with Disadvantaged Business Regulations Form that acknowledges that this procurement is subject to the provisions of 49 CFR Section 23 .67. f. Has a current in-plant Quality Assurance Program and "fully meets" the OEM body-builders program requirements. FVPP-05-CA-4 "5 - APRIL 2005 Florida Department of Transportation Public Transit Office Part 1 GENERAL REQUIREMENTS AND CONDITIONS 1.5 DELIVERY AND ACCEPTANCE a. Completed units are to be delivered to purchaser within ninety (90) days from receipt of chassis or purchase order, whichever occurs last b. Upon completion of a Pre-Delivery Inspection by the licensed Florida dealer who is awarded this Purchasing Agreement, that dealer will be required to deliver the vehicles to the Purchaser. The dealer shall notify both the purchaser and the FOOT District Office a minimum of 48 hours in advance to arrange a delivery time. The name, address, telephone number, and contact person for each FOOT District Office is listed in Part 1, Exhibit 3. c. Failure to coordinate delivery may result in delay of vehicle being "signed for" as delivered, The vehicles shall be delivered clean and in first class condition, complete and ready for service, Workmanship throughout shall conform to the highest standard of commercially accepted practice for the class of work and shall result in a complete, neat, and finished appearance, d. The Contractor shall assume all costs and responsibility incident to said delivery to purchaser. e, The vehicle shall be delivered with all Contractor/manufacturer's quality control checklists including road test and final inspection (properly completed and signed by an authorized plant representative). Other documents/items required at delivery include: Manufacturer's Certificate of Origin Application for Certificate of Title Bill of Sale Warranty Papers (forms, policy, procedures) Maintenance Schedule Operators' manual Invoice (To include contract number, P.O, number, VIN#, and agency name) f If any of the items listed above are missing, defective, altered, incorrect, incomplete. etc., the vehicle will be automatically rejected. Part I, Exhibit 4 contains a list of the minimum required items at delivery. FVPP-05-CA-4 - 6 APRIL 2005 Florida Department of Transportation Public Transit Office Part 1 g, Delivery to Purchaser is to be completed within ten (10) calendar days of receipt of vehicle at Contractor's site, Delivery shall be determined by signed receipt of the contact person or their designee, at the point of delivery. Further, since a common carrier is an independent concern, any delay in delivery resulting from the common carrier's operations, accident, or mechanical failures on route will be considered a cause beyond the control of the Contractor, provided vehicles were delivered to said carrrer in ample time for delivery within normal operating conditions, Odometer readings cannot exceed 2,000 miles at time of final delivery of completed buses to agency(s). There will be one dollar ($1,00) per mile charge for each vehicle with an odometer reading in excess of 2,000 miles. Under NO circumstances are tow vehicles to be attached to any buses. h, In case delivery of completed units under this Purchasing Agreement shall be necessarily delayed because of weather, strike, injunctions, government controls, or by reason of any cause or circumstances beyond control of the Contractor, the time for completion of delivery shall be extended by the number of days to be determined in each instance in writing and by mutual agreement between the parties. L All units shall consist of new parts and materials and in no case will used components or reconditioned or obsolete parts be accepted. Anyone part or component shall be an exact duplicate in manufacture and design as well as construction as all others proposed for each unit Manufacturers must incorporate, in the units proposed, the newest technological advancement in order to achieve maximum service life and an attractive modern appearance. j. The FOOT reserves the right to require that some vehicles be weighed by the Contractor at Florida Department of Agriculture certified scales prior to delivery to purchaser. If required, Contractor shall upon delivery, provide to purchaser weight certification receipts showing individual gross axle weights and overall gross vehicle weight. k. Each vehicle purchased through the FVPP shall be routed to the FOOT's Springhill Inspection Facility located in Tallahassee, Florida for an inspection prior to delivery to the manufacturer's dealer. Each vehicle delivered to the Springhill inspection facility shall contain a copy of the sales order, the build order and a complete set of "as built" wiring diagrams. The Dealer should see that all noted write-ups are corrected prior to final delivery to the procuring agency. This inspection by the FVPP is not represented as being "all inclusive" and in no way relieves the dealer from the required POL FVPp"05eCA4 - 7 APRIL 2005 Florida Department of Transportation Public Transit Office Part 1 l. Any vehicle delivered by the Contractor that does not comply with specifications, conditions, and requirements shall be considered not accepted. m. If a vehicle is delivered incomplete or contains any defective or damaged parts, said parts shall be removed and new parts furnished and installed by the Contractor at no cost to the Purchaser. In the event work is involved, whether warranty or otherwise, in repairing or placing the vehicle(s) in proper condition, then such repairs shall be made by an approved firm. n. Delivery of vehicle(s) by the Contractor does not constitute acceptance by the Purchaser. Vehicle(s) shall be considered "accepted" upon the inspection by the Purchaser and the issuance of a "Letter of Acceptance" to the Contractor. Purchaser will perform a post-delivery inspection and issue either a "Letter of Acceptance" or a "Letter of Rejection" to Contractor, stating areas found to be in non-compliance with the proposal specifications, within ten (10) calendar days from receipt of vehicle(s). Placing any new vehicle into revenue service will automatically constitute acceptance of vehicle by Purchaser. However, a Letter of Acceptance should still be sent to the Contractor prior to placing vehicle into revenue service. o. Acceptance of the vehicles shall not release the Contractor from liability for faulty workmanship or materials. 1.6 FEDERAL AND 8T A TE TAX The Purchaser's are exempt from payment of Federal Excise Tax and Florida State Tax. Said taxes must not be included in the proposal price. Any other sales tax, use tax, imports, revenues, excise or other taxes which may now or hereafter be imposed by Congress, by the State, or any political subdivision thereof and applicable to the sale and delivery of the product as a result of this proposal, and which by terms of the tax law, may be passed directly to a Purchaser, will be paid by the Purchaser. Such taxes, as may be included, must be identified as to amount(s) and type of tax. 1. 7 ON-LINE INSPECTIONS The FVPP reserves the right to perform an on-line inspection of any vehicles procured as a result of this proposal. If any defective or non-compliance items are found during the on-line inspection, the FVPP may choose to perform subsequent on-line inspections at a date agreeable to both parties. FVPP~05~CA4 ~ 8 APRIL 2005 Florida Department of Transportation Public Transit Office Part 1 1.8 INDEMNIFICATION Proposer must agree to save, keep, and bear harmless and fully indemnify any Purchaser and any of its officers, or FVPP personnel from all damages, costs, or expenses in law or equity, that may at any time arise or to be set up, for any infringement of the patent rights of any person or persons in consequence of the use by a Purchaser or by any of its officers or proposal coordinators, of articles supplied under contract, arising from proposals submitted and which a Purchaser gives the Contractor notice in writing of any such claims or suit and provides necessary cooperation for the defense of said claim or suit. 1.9 MOTOR VEHICLE SAFETY STANDARDS All vehicles covered by these specifications shall be in compliance wIth applicable Federal Motor Vehicle Safety Standards established by the National Highway Traffic Safety Administration. The manufacturer must include in their proposal package, either a letter stating the information that will be provided on the FMVSS sticker or a letter stating that the vehicles are not subject to FMVSS. Vehicles must be in compliance with all the requirements of the laws of the State of Florida as to lighting equipment, and all warning and safety devices. In the event there are changes in the Federal Motor Vehicles Safety Standards between date of proposal and date of manufacture, any new requirements applicable at time of manufacture will be considered separately and the price for same determined by mutual agreement. In granting this, the Contractor is not relieved of the responsibility of providing the Purchaser with all available information relative to the engineering structure, and design change so affected and the impact (if any) these changes may have on the durable-useful life and attractive appearance of the vehicle to be provided per these specifications. 1.10 LIQUIDATED DAMAGES In the event of delay in completion of the delivery of vehicles beyond the date specified, in addition to any granted extensions agreed to in writing by the Purchaser, any affected Purchaser shall assess as liquidated damages, twenty five dollars ($25.00) per calendar day per vehicle, 1.11 PARTS AND MANUALS A supply of replacement parts for the vehicles specified must be guaranteed by the Contractor for a ten-year period from date of purchase. The Contractor shall provide Purchaser with complete "as builtH wiring diagrams for the entire vehicle, a current service manual and a current parts manual. These should be provided for each FVPP-05-CA-4 - 9 A PRI L 2005 Florida Department of Transportation Public Transit Office Part 1 vehicle with a maximum of two (2) sets per Purchaser if they are purchasing more than two (2) vehicles. One (1) Operator's Manual shall be provided for each vehicle, regardless of the number of vehicles ordered by a given Purchaser. A list of any special tools or equipment will also be provided. The supplied operator's and maintenance manuals and wiring diagrams shall incorporate the options ordered on purchaser's vehicles. 1.12 AL TOONA TEST Either a final report from the Altoona Bus Testing Center or documentation from the Federal Transit Administration stating that the vehicles are not required to undergo Altoona testing must be submitted with each proposal. 1.13 TITLING VEHICLES Unless specified otherwise, Vehicles shall be titled to the Purchaser with the Florida Department Transportation, 605 Suwannee Street, Mail Station 26, Tallahassee, Florida 32399-0450 listed as the only lien holder. The Contractor shall be responsible for applying for Title and purchasing a license tag on behalf of the Purchaser. CONTRACTUAL PROVISIONS 1.14 FEDERAL TRANSIT ADMINISTRATION FUNDING Any contract resulting from proposal submitted is subject to financial reimbursement by the Federal Transit Administration. Accordingly, federal requirements may apply to that contract and if those requirements change then the changed requirements shall apply as required. 1.15 INCLUSION OF PROVISIONS All provisions stated in thIs Invitation to Proposal and Vehicle Specifications, including any addenda, shall be considered to be included in the contract between the Purchaser(s) and the successful proposer. 1.16 REQUIREMENTS OF PROPOSERS 8. Compliance With ReQulations The successful proposer, hereinafter called the Contractor, shall comply with FVPP.05-CA-4 . 10 APRIL 2005 Florida Department of Transportation Public Transit Office Part 1 regulations relative to nondiscrimination in Federally-assisted programs of the United States Department of Transportation (hereinafter, "DOT") Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time (hereinafter referred to as the Regulations), as incorporated by reference and made a part of this Purchasing Agreement. b. Nondiscrimination The Contractor, with regard to the work performed by it during the Purchasing Agreement, shall not discriminate on the grounds of race, religion, color, sex, national origin or disability in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The Contractor shall not participate either directly or indirectly in the discrimination prohibited by the regulations, including employment practices. c. Equal Emplovment Opportunity In connection with the execution of this Purchasing Agreement, the Contractor shall not discriminate against any employee or applicant for employment because of disability, race, religion, color, sex, or national origin. The Contractor shall take affirmative action to insure that applicants are employed and that employees are treated during their employment without regard to their disability, race, religion color, sex or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff, or termination; rates of pay, or other forms of compensation; and selection for training, including apprenticeship. d. Solicitations From Subcontracts. Includino Procurement of Materials And Equipment In all solicitations either by competitive proposals or negotiation made by the Contractor for work to be performed under this proposed Purchasing Agreement including procurement of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the Contractor of the obligations relative to nondiscrimination on the grounds of disability, race, color, sex, religion, or national origin. e. Information and Reports The Contractor shall provide all information and reports required by the regulations or directives issued pursuant thereto, and shall permit reasonabie access to all its books, records, accounts, other sources of information, and FVPP-05-CA4 ~ 11 APRIL 2005 Florida Department of Transportation Public Transit Office Part 1 its facilities as may be determined by the Proposal Administrator to be pertinent to ascertain compliance with said regulations, orders, and instructions. Included in this information shall be the manufacturer's certification of compliance with Federal Motor Vehicle Safety Standards, or if inapplicable, a written statement documenting that these standards do not apply. Where any information is required or a Contractor is in the exclusive possession of another who fails or refuses to furnish this information, the Contractor shall so certify to the Proposal Administrator, as appropriate, and shall set forth that efforts have been made to obtain the information. f. Sanctions For Noncompliance In the event of the Contractor's noncompliance with the nondiscrimination provisions of this Purchasing Agreement, the Purchaser shall impose such contract sanctions as it may determine to be appropriate, including but not limited to: (1) Withholding of payments to the Contractor until compliance; and/or (2) Cancellation, termination, or suspension of the Purchasing Agreement, in whole or in part. 1.17 BUY AMERICA The Contractor agrees to comply with 49 U.S.C. 53230) and 49 CFR Part 661, which provide that Federal funds may not be obligated unless steel, iron, and manufactured products used in FTA-funded projects are produced in the United States, unless a waiver has been granted by FT A or the product is subject to a general waiver. General waivers are listed in 49 CFR 661.7, and include final assembly in the United States for 15 passenger vans and 15 passenger wagons produced by Chrysler Corporation, microcomputer equipment, software, and small purchases (currently less than $100,000) made with capital, operating, or planning funds. Separate requirements for rolling stock are set out at 5323Q)(2)(C) and 49 CFR 661.11. Rolling stock not subject to a general waiver must be manufactured in the United States and have a 60 percent domestic content. 1,18 CARGO PREFERENCE~USE OF UNITED STATES-FLAG VESSELS The Contractor agrees: a. to use privately owned United States-Flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever shipping any equipment, material, or commodities pursuant to the underlying contract to the FVPP-05-CA4 . 12 APRIL 2005 Florida Department of Transportation Public Transit Office Part 1 extent such vessels are available at fair and reasonable rates for United States-Flag commercial vessels; b. to furnish within 20 working days following the date of loading for shipments originating within the United States or within 30 working days following the date of leading for shipments originating outside the United States, a legible copy of a rated, "on-board" commercial ocean bill-of -lading in English for each shipment of cargo described in the precedinQ paraQraph to the Division of National Cargo, Office of Market Development, Maritime Administration, Washington, DC 20590 and to the FTA recipient (through the Contractor in the case of a subcontractor's bill-of-Iadinq.) c. to include these requirements in .ill[ subcontracts issued pursuant to this PurchasinQ AQreement when the subcontract may involve the transport of equipment, material, or commodities by ocean vesseL 1.19 ENERGY CONSERVATION The Contractor agrees to comply with mandatory standards and policies relating to energy efficiency that is contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act 1.20 CLEAN WATER a. The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq . The Contractor agrees to report each violation to the Purchaser and understands and agrees that the Purchaser will, in turn, report each violation as required to assure notification to FTA and the appropriate EPA Regional Office. b. The Contractor also agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FT A 1.21 BUS TESTING The Contractor [Manufacturer] agrees to comply with 49 U.S.C. A 5323@ and FTA's implementing regulation at 49 CFR Part 665 and shall perform the following: a. A manufacturer of a new bus model or a bus produced with a major change in components or configuration shall provide a copy of the final test report to the recipient at a point in the procurement process specified by the recipient which will be prior to the recipient's final acceptance of the first vehicle. be A manufacturer who releases a report under paragraph 1 above shall provide notice to the operator of the testing facility that the report is available to the public. FVPP-05-CA-4 - 13 APRIL 2005 Florida Department of Transportation Public Transit Office Part 1 c. If the manufacturer represents that the vehicle was previously tested, the vehicle being sold should have the identical configuration and major components as the vehicle in the test report, which must be provided to the recipient prior to recipient's final acceptance of the first vehicle. If the configuration or components are not identical, the manufacturer shall provide a description of the change and the manufacturer's basis for concluding that it is not a major change requiring additional testing. d. If the manufacturer represents that the vehicle is "grand fathered" (has been used in mass transit service in the United States before October 1, 1988, and is currently being produced without a major change in configuration or components), the manufacturer shall provide the name and address of the recipient of such a vehicle and the details of that vehicle's configuration and major components. 1.22 PRE-AWARD AND POST-DELIVERY AUDIT REQUIREMENTS The Contractor agrees to comply with 49 U.S.C.s 5323(1) and FTA's implementing regulation at 49 C.F.R. Part 663 and to submit the following certifications: a. Buy America Requirements: The Contractor shall complete and submit a declaration certifying either compliance or noncompliance with Buy America. If the Proposer/Offeror certifies compliance with Buy America, it shall submit documentation which lists 1) component and subcomponent parts of the rolling stock to be purchased identified by manufacturer of the parts, their country of origin and costs; and 2) the location of the final assembly point for the rollfng stock, including a description of the activities that wlH take place at the final assembly point and the cost of final assembly. b. Solicitation Specification Requirements: The Contractor shall submit evidence that it will be capable of meeting the proposal specifications. c. Federal Motor Vehicle Safety Standards (FMVSS): The Contractor shalt submit 1) manufacturer's FMVSS self-certification sticker information that the vehicle complies with relevant FMVSS or 2) manufacturer's certified statement that the contracted buses will not be subject to FMVSS regulations. 1.23 BYRD ANTI-LOBBYING AMENDMENT, 31 U.S.C. 1352. AS AMENDED BY THE LOBBYING DISCLOSURE ACT OF 1995. P.L. 104-65 rro BE CODIFIED AT 2 U.S.C.~ 1601, ET SEQ.] Contractors who apply or propose for an award of $100;000 or more shaH me the certification required by 49 CFR part 20, "New Restrictions on Lobbying," Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of FVPP~05~CA-4 . 14 APRIL 2005 Florida Department of Transportation Public Transit Office Part 1 Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U. s. C. 1352. Each tier shall also disclose the name of any registrant under the Lobbying Disclosure Act of 1995 who has made lobbying contacts on its behalf with non-Federal funds with respect to that Federal contract, grant or award covered by 31 U.S.C. 1352. Such disclosures are fOf'.Narded from tier to tier up to the recipient. 1.24 ACCESS TO RECORDS AND REPORTS The following access to records and reports requirements apply to this Purchasing Agreement: a. Where the Purchaser is not a State but a local government and is the FT A Recipient or a subgrantee of the FTA Recipient in accordance with 49 C. F. R. 18.36(1), the Contractor agrees to provide the Purchaser, the FTA Administrator, the Comptroller General of the Unites States or any of their authorized representatives access to any books, documents, papers and records of the Contractor which are directly pertinent to this Purchasing Agreement for the purposes of making audits, examinations, excerpts and transcriptions. Contractor also agrees, pursuant to 49 C. F. R. 633.17 to provide the FTA Administrator or his authorized representatives including any PMO Contractor access to Contractor's records and construction sites pertaining to a major capital project, defined at 49 U.S.C. 5303(a)1, which is receiving federal financial assistance through the programs described at 49 U.S.C. 5307, 5309 or 5311. b. \^Jhere the Purchaser is a State and is the FT A Recipient or a subgrantee of the FTA Recipient in accordance with 49 C.F.R. 633.17, Contractor agrees to provide the Purchaser, the FT A Administrator or his authorized representatives, including any PMO Contractor, access to the Contractor's records and construction sites pertaining to a major capital project, defined at 49 U.S.C. 5303(a)1, which is receiving federal financial assistance through the programs described at 49 U.S.C. 5307, 5309 or 5311. By definition, a major capital project excludes contracts of less than the simplified acquisition threshold currently set at $100,000. c. Where the Purchaser enters into a negotiated contract for other than a small purchase or under the simplified acquisition threshold and is an institution of higher education, a hospital or other non-profit organization and is the FT A Recipient or a subgrantee of the FTA Recipient in accordance with 49 C.FR. 19A8, Contractor agrees to provide the Purchaser, FTA Administrator, the Comptroller General of the Unites States or any of their duly authorized representatives with access to any books, documents, papers and records of the Contractor which are directly pertinent to this Purchasing Agreement for the purposes of making audits, examinations, excerpts and transcriptions. FVPP-05-CA-4 . 15 - APRIL 2005 Florida Department of Transportation Public Transit Office Part 1 d. Where any Purchaser which is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 U.S,C. 5325(a) enters into a contract for a capital project or improvement (defined at 49 U.S.C. 5303(a)1) through other than competitive proposing, the Contractor shall make available records related to the contract to the Purchaser, the Secretary of Transportation and the Comptroller General or any authorized officer or employee of any of them for the purposes of conducting an audit and inspection. e. The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. f. The Contractor agrees to maintain all books, records, accounts and reports required under this Purchasing Agreement for a period of not less than three years after the date of termination or expiration of this Purchasing Agreement, except in the event of litigation or settlement of claims arising from the performance of this Purchasing Agreement, in which case Contractor agrees to maintain same until the Purchaser, the FTA Administrator, the Comptroller General, or any of their duly authorized representatives, have disposed of all such litigation, appeals, claims or exceptions related thereto. Reference 49 CFR 18.39(1)(11). 1.25 FEDERAL CHANGES Contractor shall at all times comply with all applicable FTA regulations, policies, procedures and directives. including without limitation those listed directly or by reference in the Agreement (Form FT A MA (2) dated October, 1995) between Purchaser and FT A, as they may be amended or promulgated from time to time during the term of this Purchasing Agreement. Contractor's failure to so comply shall constitute a material breach of this Purchasing Agreement. 1.26 CLEAN AIR The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C.iJ401 et seq . The Contractor agrees to report each violation to the Purchaser and understands and agrees that the Purchaser will, in turn, report each violation as required to assure notification to FTA and the appropriate EPA Regional Office. The Contractor also agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FTA, FVPP-05-CA-4 - 16 APRIL 2005 Florida Department of Transportation Public Transit Office Part 1 1.27 RECYCLED PRODUCTS The Contractor agrees to comply with all the requirements of Section 6003 of the Resource Conservation and Recovery Act (RCRA), as amended (42 U.S.C. 6962), including but not limited to the regulatory provisions of 40 CFR Part 247, and Executive Order 12873, as they apply to the procurement of the items designated in Subpart B of 40 CFR Part 247. 1.28 CONTRACT WORK HOURS AND SAFETY STANDARDS ACT a. Overtime requirements - No Contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. b. Violation; liability for unpaid wages; liquidated damages - In the event of any violation of the clause set forth in paragraph (1) of this section the Contractor and any subcontractor responsible therefore shall be liable for the unpaid wages. In addition, such Contractor and subcontractor shall be liable to the United States for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of $ 10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section. c. Withholding for unpaid wages and liquidated damages - The purchaser(s) shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the Contractor or subcontractor under any such contract or any other Federal contract with the same prime Contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime Contractor, such sums as may be determined to be necessary to satisfy any liabilities of such Contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section, d Subcontracts - The Contractor or subcontractor shall insert in any subcontracts the clauses set forth in this section and also a clause requIring the subcontractors to include these clauses in any lower tier subcontracts, The prime Contractor shall be responsible for compliance by any FVPp.05-CA-4 ~ 17 APRIL 2005 Florida Department of Transportation Public Transit Office Part 1 subcontractor or lower tier subcontractor with the clauses set forth in this section. e. Payrolls and basic records - Payrolls and basic records relating thereto shall be maintained by the Contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work (or under the United States Housing Act of 1937, or under the Housing Act of 1949, in the construction or development of the project). Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (Including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1 (b)(2)(B) of the Davis-Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1 )(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1 (b)(2)(B) of the Oavis- Bacon Act, the Contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. 1.29 NO OBLIGATION BY THE FEDERAL GOVERNMENT The Purchaser and Contractor acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying contract, absent the express written consent by the Federal Government, the Federal Government is not a party to this Purchasing Agreement and shall not be subject to any obligations or liabilities to the Purchaser, Contractor, or any other party (whether or not a party to that Purchasing Agreement) pertaining to any matter resulting from the underlying Purchasing Agreement. The Contractor agrees to include the above clause in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions" FVPP~05~CA4 ~ 18 APRIL 2005 Florida Department of Transportation Public Transit Office Part 1 1.30 PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND RELATED ACTS a. The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U,S.C,S 3801 et seq , and U.S. DOT regulations, "Program Fraud Civil Remedies," 49 C.FR. Part 31, apply to its actions pertaining to this Project Upon execution of the underlying Purchasing Agreement, the Contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining to the underlying Purchasing Agreement or the FTA assisted project for which this Purchasing Agreement work is being performed, In addition to other penalties that may be applicable, the Contractor further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on the Contractor to the extent the Federal Government deems appropriate. b. The Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government under a contract connected with a project that is financed in whole or in part with Federal assistance originally awarded by FTA under the authority of 49 U.S.C.S 5307, the Government reserves the right to impose the penalties of 18 U.S.C.S 1001 and 49 U.S.C.S 5307(n)(1) on the Contractor, to the extent the Federal Government deems appropriate. c. The Contractor agrees to include the above two clauses in each subcontract financed in whole or in part with Federal assistance provided by FT A. It is further agreed that the clauses shall not be modified, except to identify the subcontractor who will be subject to the provisions. 1.31 TERMINA liON a. If the Contractor does not deliver supplies in accordance with the contract delivery schedule, or the Contractor fails to perform in the manner called for in the contract, or if the Contractor fails to comply with any other provisions of the contract, the FVPP may terminate this Purchasing Agreement for default. Termination shall be effected by serving a notice of termination on the Contractor, setting forth the manner in which the Contractor is in default. The Contractor will only be paid the contract price for supplies delivered and accepted, or services performed in accordance with the manner of performance set forth in the contract. b. !f it is later determined by the FVPP that the Contractor had an excusable reason for not performing, such as a strike, fire or flood, events which are not the fault of or are beyond the control of the Contractor, the FVPP, after setting FVPP~05wCA-4 w 19 A PRI L 2005 Florida Department of Transportation Public Transit Office Part 1 up a new delivery of performance schedule, may allow the Contractor to continue work, or treat the termination as a termination for convenience. 1.32 CERTIFICATION REGARDING DEBARMENT. SUSPENSION, AND OTHER RESPONSIBILITY MATTERS - Lower Tier Covered Transactions (Third Party Contracts over $100,000). a. By signing and submitting this proposal or proposal, the prospective lower tier participant is providing the signed certification set out below. b. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the FVPP may pursue available remedies, including suspension and/or debarment. c. The prospective fower tier participant shall provide immediate written notice to the FVPP if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. a. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," :"participant," "persons," "lower tier covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549 [49 CFR Part 29]. You may contact the FVPP for assistance in obtaining a copy of those regulations. b. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized in writing by the FVPP, c. The prospective lower tier participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion ~ Lower Tier Covered Transaction", without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. d. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant FVPP-05-CA-4 - 20 APRIL 2005 Florida Department of Transportation Public Transit Office Part 1 may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the Non- procurement List issued by U.S. General Service Administration. e. Nothing contained in the foregoing shall be construed to require establishment of system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. L Except for transactions authorized under Paragraph (e) of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to all remedies available to the Federal Government, the FVPP may pursue available remedies including suspension and/or debarment. 1.33 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION - Lower Tier Covered Transaction a. The prospective lower tier participant certifies, by submission of this proposal or proposal, that neither it nor its "principals" [as defined at 49 C.F.R.S 29.105(p)] is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. b. When the prospective lower tier participant is unable to certify to the statements in this certification, such prospective participant shall attach an explanation to this proposal. 1.34 CIVIL RIGHTS The following requirements apply to the underlying contract: a. Nondiscrimination - In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C.S 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. S 6103, section 203 of the Americans with Disabilities Act of 1990, 42 U.S.C.S 12132, and Federal transit law at 49 UoSoCoS 5332, the Contractor agrees that it will not discriminate against any employee or applicant for employment because of race, color, creed, national origin, sex, age, or disability. In addition, the Contractor agrees to comply with applicable Federal implementing regulations and other implementing requirements FT A may issue. b. Equal Employment Opportunity - The following equal employment opportunity requirements apply to the underlying contract: FVPP-05-CA-4 - 21 APRIL 2005 Florida Department of Transportation Public Transit Office Part 1 (1) Race, Color, Creed, National Origin, Sex - In accordance with Title VII of the Civil Rights Act, as amended, 42 U,S.C.~ 2000e, and Federal transit laws at 49 U.S.C.~ 5332, the Contractor agrees to comply with all applicable equal employment opportunity requirements of U.S. Department of labor (U.S. DOL) regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of labor," 41 C.F.R. Parts 60 et seQ ., (which implement Executive Order No. 11246, "Equal Employment Opportunity," as amended by Executive Order No. 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," 42 U.S.C.s 2000e note), and with any applicable Federal statutes, executive orders, regulations, and Federal policies that may in the future affect construction activities undertaken in the course of the Project. The Contractor agrees to take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, national origin, sex, or age. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of payor other forms of compensation; and selection for training, including apprenticeship, In addition, the Contractor agrees to comply with any implementing requirements FT A may issue. (2) Age - In accordance with section 4 of the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C.S 623 and Federal transit law at 49 U.S.C.S 5332, the Contractor agrees to refrain from discrimination against present and prospective employees for reason of age. In addition, the Contractor agrees to comply with any implementing requirements FT A may issue. (3) Disabilities - In accordance with section 103 of the Americans with Disabilities Act, as amended, 42 U.S.C.S 12112, the Contractor agrees that it will comply with the requirements of U.S. Equal Employment Opportunity Commission, "Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29 C.FR. Part 1630, pertaining to employment of persons With disabilities. In addition, the Contractor agrees to comply with any implementing requirements FT A may issue. c, The Contractor also agrees to include these requirements in each subcontract financed in whole or in part with Federal assistance provided by FT A, modified only if necessary to identify the affected parties, FVPP*05-CA4 - 22 APRIL 2005 Florida Department of Transportation Public Transit Office Part 1 1.35 BREACHES AND DISPUTE RESOLUTION Disputes arising in the performance of this Purchasing Agreement which are not resolved by agreement of the parties shall be decided by the Florida Department of Transportation. This decision shall be final and conclusive unless within ten (10) days from the date of receipt of its copy, the Contractor mails or otherwise furnishes a written appeal to the Florida Department of Transportation. Any appeal of decisions of the Florida Department of Transportation shall be filed and administered by the "Administrative Procedures Act," Chapter 120. Florida Statues. Should either party to the contract suffer injury or damage to person or property because of any act or omission of the party or of any of his employees, agents or others for whose acts he is legally liable, a claim for damages therefore shall be made in writing to such other party within a reasonable time after the first observance of such injury of damage. Unless this Purchasing Agreement provides otherwise, all claims, counterclaims, disputes and other matters in question between the FVPP and the Contractor arising out of or relating to this agreement or its breach will be decided by arbitration if the parties mutually agree, or in a court of competent jurisdiction within the State of Florida. The duties and obligations imposed by the contract documents and the rights and remedies available hereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. No action or failure to act by the FVPP or the Contractor shall constitute a waiver of any right or duty afforded any of them under the contract, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach there under, except as may be specifically agreed in writing. 1.36 DISADVANTAGED BUSINESS ENTERPRISE (DBE) It is the policy of the FVPP that Disadvantaged Business enterprises as defined in 49 CFR part 23 shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Federal funds under this agreement. Consequently the DBE requirements of 49 CFR part 23 apply to this agreement. The FVPP Program Administrator on behalf of the Purchasers, or their Contractor, agree to ensure Disadvantaged Business Enterprises as defined in 49 CFR part 23 have the maximum opportunity to participate in the performance of contracts and subcontracts financed in whole or in part with Federal funds provided under this agreement. in this regard, the Purchasers, or their Contractors, shall take all necessary and reasonable steps in accordance with 49 CFR part 23 to ensure that Disadvantaged Business Enterprises have the maximum opportunity to compete for and perform contracts. The FVPP Program Administrator on behalf of the FVPP~05-CA4 . 23 APRIL 2005 Florida Department of Transportation Public Transit Office Part 1 Purchasers and their Contractors shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of DOT assisted contracts. 1.37 STATE AND lOCAL LAW DISCLAIMER The use of many suggested clauses are not governed by Federal law, but are significantly affected by State law. The language of the suggested clauses may need to be modified depending on state law. Before the suggested clauses are used in the grantees procurement documents, the grantees should consult their local attorney. 1.38 INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FT A) TERMS The preceding provisions include, in part, certain Standard Terms and Conditions required by DOT, whether or not expressly set forth in the preceding contract provisions. All contractual provisions required by DOT, as set forth in FTA Circular 4220.10, dated April 15, 1996, are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Agreement. The Contractor shall not perform any act, fail to perform any act, or refuse to comply with any grantees' requests that would cause the grantee to be in violation of the FTA terms and conditions. LIST OF EXHIBITS 1. Required Forms/Certifications 2. Price Proposal Forms/Payment terms 3. FOOT District Offices 4. Vehicle Delivery Checklist FVPP-05-CA-4 ~ 24 APRIL 2005 Florida Department of Transportation Public Transit Office Part 1 EXHIBITS FVPP.05.CA4 - 25 - APRIL 2005 Florida Department of Transportation Public Transit Office Part 1 L is that to be FVPP.05"CA4 - 26 APRIL 2005 Florida Department of Transportation Public Transit Office Part 1 POSAl NT ice tr:iS fraud 'rle ru i1'1"-rer cJccun;ents and . and that. ;3nd have the adcicnda fur)llshe(j satisfied thernsel'>,fcs cf all n1e2ns. cd F\lfcrJi?JSers, to flFnisr-. and l:.:~ bar necessary to contract dccurnc:>nts of this cntitlQcJ : ;JtC~ uf the of thf:~ deaf> /~ ~~, >',)c::i FVPP-05-CA4 - 27 APRIL 2005 Florida Department of Transportation Public Transit Office Part 1 NT ,._~ \;,:> FVPP-05-CA-4 " 28 APRIL 2005 Florida Department of Transportation Public Transit Office Part 1 STANDARD nST of FVPP-05-CA-4 - 29 APRIL 2005 Florida Department of Transportation Public Transit Office Part 1 Sf ANOARD ASSUH/\NCES the Tor ,/.j~th iJif tF~rrns ;:~]nd CCflt~::~fne(1 [(1 ;::;'S::,;U ur-i In !-"!Urcnasc~:t i~as been secu red a nel \NtH be ;ia()~e fCH Vv()iK C)f !nf1;;:.in ut(JctLirc:r assures that local FVPP~05.cA-4 - 30 APRIL 2005 Florida Department of Transportation Public Transit Office Part 1 -r-.:r- ~.,...i c NR ate Com (1 ) r(:~rnents sc PI' sid.t!nt Certif\cate N co with 49 U.S.C. 532 that ~t cannot \^/ith trie /".~ '....0; tn 49 U S In 49 cnz 661 7. Catc , [\.j FVPP-05~CA4 - 31 APRIL 2005 Florida Department of Transportation Public Transit Office Part 1 rc f" REO PROCURE STE OR ate 49 .S.C, of 49 US.C. ,.1 ~} .." , FVPP~05~CA-4 . 32 APRIL 2005 Florida Department of Transportation Public Transit Office Part 1 ,r. .~ NR FOR PROGURErviENT OF BU fATED EQUIPMENT OTHER Cprttficat8 with 49 U$C. A .-^~, i~+ -~-j 2! /i- C::_C\ F}~Jt~ ~_'-'/~J~ f'" ., -,~ of Non ance \'vah 49 <SeC. 5323 arrit;; T~t!E~ FVPP.05-CA-4 . 33 APRIL 2005 Florida Department of Transportation Public Transit Office Part 1 F<TIFIC RE REMENT OF BUSE o EQUIPMENT R N(3 t'oJ of 49 U.S,C" 532 ror ce rtifif:S trl at it 1}.;~11 COrTl the irerl1ents of 4q ;'~lncl tht:; reou~ations at 49 C:-Ff~c ~~art (:-8 ate viitf1 49 U oG~ r,,:";;, i-:....-< Narne FVPP-05~CA4 - 34 APRIL 2005 Florida Department of Transportation Public Transit Office Part 1 OF VVITH FT A ROLliNG STOCK, OR IPMENT S rtf ;:': l/ Com cf U, S C Sec!:()n Assistance Act of 1 f382, as that it \;\1111 [)ate' '.... ~, , (, ~u 1'h~ Einle: r;;; e t eH! a y;4iikT-k&t~i~tT-~-A+:;C..---------_.- FVPP.05~CA-4 - 35 APRIL 2005 Florida Department of Transportation Public Transit Office Part 1 AM OF COMPLIANCE OTHER ROLliNG K, ED c lIe r for of ance certines ~t \Iv H l of49 trs.(~, -S(~ctiun 1982, 8S i]rnendf~d, and the 3) of the Surface of 4C1 CF F<. 661.1'1 FVPP-OS-CA-4 - 36 APRIL 2005 Florida Department of Transportation Public Transit Office Part 1 ERT OF r;: ~'- H FT A'S BUS iREMENTS cer1ifies that the VE:;rh~c!e offered in this :::; ~ f~~ l' f~ in 49 C::Ff~ f-5art 2~) L~-rGsi^,d(~n--t FVPP-05-CA4 - 37 APRIL 2005 Florida Department of Transportation Public Transit Office Part 1 ERTIFfCAT.~Ot~ 0 co VVfTH 'S BUS TEST1!\JG RE r] in this c:il nE?C ur-1cierstarlds th i...,ji as CJuthned rndV or r'~ C) ~. ~)c- ,,\ I 3:1 ~...J ~) FVPP~05.CA4 . 38 APRIL 2005 Florida Department of Transportation Public Transit Office Part 1 ~=.....- \..t ~.n'.-h-< leA T!ON NG LOBBYiNG Ic. ~ ;.", In\} than Feder3i n~ak!nc or c(np1oyee cranL !can, I ~ "l);sCfosurE Forrn to \V35 CJdcecj '/Jher~~ Ti-jiS Ir 8t'\SaC1.l0n [)erscn ~ ,co ,~I cerUftcs or affirrns tne trUthfuJness H .~(j ;:~-c~c~ur3cy. of each S',.;;1tCt"r':2c't In addJtic-n. ~ne CG(;tt~3CtO( and (J~:Fe€:s \hBt Ui~~ D~o\'~sic)c;s of :3"1 U S C. 1\ 3r30 ~ , af S(}q. ap[ij'V !J1l5 . . ana tj~sc/Jsure H any. anti Tit~2 of Contractor's Aufhor~zed OfficiaL Sl_lsan A~ GOll d, Presidellt FVPP~05.CA4 - 39 APRIL 2005 Florida Department of Transportation Public Transit Office Part 1 or !;r"" ~) '::".::: i;;:1- funejs ha\'.t~ Contractor ~ l'.../V"~",}AL... , cenihes or t1f{irrns the tru\hfulncss ;jnu ~01CCU(c'~cy of each "j ,:Jnd d,Sciosure, ;any In addi~[onF the Contractor L1r"i.derS~(:1nds [0 th!S cerUf[callor! and cLsctosure, )T cYJn::::es that the of 3') use ;\ 38Ul ~ et seq. Authorized OHic12!: N2rn-0 and Tine of Contrac~or's j~JJthafLz2d Offic~a!: ~~ i.,..J-d FVPP-05-CA4 - 40 APRIL 2005 Florida Department of Transportation Public Transit Office Part 1 r .;:;; H u RE ) CE r, f'\ the res iclent FVPP~05-CA4 ~ 41 APRIL 2005 Florida Department of Transportation Public Transit Office Part 1 !e u c IF ATION q 'N!th the the or not -cj. f\. FVPP~05~CA-4 - 42 APRIL 2005 Florida Department of Transportation Public Transit Office Part 1 R H CE N D!i;]flC,e ~.1 uircrT18nts s ame ~ it j {) F~ ~;i(jc',nt FVPP-05-CA-4 . 43 APRIL 2005 Florida Department of Transportation Public Transit Office Part 1 R H r~' ~-...." t: iance all ated CO'l nee! ') L. n that it 4l, No FVPP-05-CA-4 .44 APRil 2005 Florida Deportment of Transportation Public Transit Office Port 1 TITLE VI CIVIL RIGHTS ACT OF 1964 CONTRACTOR AGREEMENT During the performance of this Purchasing Agreement, the Contractor, for itself, its assignees and successors in interest (hereinafter referred to as the "Contractor"), agrees as foHows: (1) Compliance with Regulations: The Contractor shall comply with the Regulations relative to nondiscrimination in federally-assisted programs of the Department of Transportation (hereinafter, "DOT") Title 49, Code of Federal Regulations, Part 2 I, as they may be amended from time to time (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this Purchasing Agreement. (2) Nondiscrimination: The Contractor, with regard to the work performed by it during the Purchasing Agreement, shall not discriminate on the grounds of race, religion, color, sex, age, national origin, or disability in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The Contractor shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the Contract covers a program set forth in Appendix B of the Regulations. (3) Solicitations for Subcontracts, including procurement of materials and equipment: In all solicitations either by competitive Proposal or negotiation made by the Contractor for work to be performed under a subcontract, including procurement of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the Contractor of the Contractor's obligations under this Purchasing Agreement and the Regulations relative to nondiscrimination on the grounds of race, religion, color, sex, age, national origin, or disability. (4) Information and Reports: The Contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Recipient or the FT A to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information is required or a Contractor is in the exclusive possession of another who fails or refuses to furnish this information, the Contractor shall so certify to the FVPP, or the FTA, as appropriate, and shall set forth what efforts it has made to obtain the information, FVPP.05.CA-4 - 45 APRIL 2005 Florida Department of Transportation Public Transit Office Part 1 TITLE CiVIL Rl ACT OF 964 EME <;"" <.) '~J be apprc Contrac-tof Contractor the , ,___~.. c Ul [~ or the FJurcJ1E3.S in p,-". FVPP-05-CA-4 - 46 APRIL 2005 Florida Department of Transportation Public Transit Office Part 1 \' 0/ 01= -1 EMENT to thf~ r the terrnl o ~()n thE: fnent n 1 v;jhc~e or in rl+ .~ " FVPP-05.CA-4 . 47 APRIL 2005 Florida Department of Transportation Public Transit Office Part 1 c L E r- r.: S F1 I! rCQutrernents (~ont:]j"ned [f1 Part 2: ;^"';( S I',t the FVPP-05-CA-4 - 48 APRIL 2005 Florida Department of Transportation Public Transit Office Part 1 RT! 'I N lANCE D!SAB! \v~th ~31f (:)f\ts contained in Part 2: n :"\( eqLJ rf;:q u FVPP-05-CA4 - 49 APRIL 2005 Florida Department of Transportation Public Transit Office Part 1 j ~nel ~ nd \!cdunt(Jry Exclus~c)n in this to the statem s this (j(n8 f) .,. c,~, FVPP-05-CA-4 . 50 APRIL 2005 Florida Department of Transportation Public Transit Office Part 1 [) e b El L sr'lal~ U'18 staternents H'1 thiS ::) FVPP.05.CA4 . 51 APRIL 2005 Florida Department of Transportation Public Transit Office Part 1 [\lIODEt B13S ()N /\ C; CIIASSlS ()R EXCEED TJIr B LJ'{ iLLl/t\I RAfvlS/\ Y lRANsrr J31!) \L\NAGER , f% f U SU.EEL1ERfMANUfA(;TURER ~!R"",O.F....,C.Q,S.-I ~(;..,O,f. nD,Q.MnE.S.IIC ENG [NE Cfv'! fvlOTOR / US 1'7 iOO tS-SlON (;rl,A r\AOTOR C>:). ,F',.-., uv ;:RC;P~JT /\)(LE GM MOTOR CO JUS 100 CO "100 REAR AXL.E SHJ\FT fJi~.r..JA CORP US Grv1 ~A{JTOR CO u:i FRONT SUSPEt-l-S lC!r~ REAR. SUSPE~JS!ON f<ELSEY jYA YES / US 100 C~fV1 f\,!jOTOR CeJ. iUS 100 c.orVl PRESSOR C;Er-jERAT-ORI4L TERN,ATQR TEERif\lG S~YSTE}v~ r~/A PE~-Jf'4TEX / US- C;fA GAOTOR CO :JS N!A i\j!A 100 100 COND1T~ON1NG /\18: COf'.JD1TfOt~!NG Gf\~ j\AOTOR C() JUS IUO 100 100 A.SSEMBUES THEm..m K.!~~GiTRANS-AiR;US F)RO...A,~R j US- FREEDMil.N ! US HEHR/US 1 Q 100 TER PASSENGER. SEf\TS FT DOOR C;L,i\\/.AL 8US ,I Ll-S 100 FR1JNT >~ R_EAR F!8.EHGLASS CH;\RlESrOr~J COHP U~ 100 Ef\~TFUi,NCE DOOR GL/\\!!\L BUS / US 12 100 STRUCTLJRAL STEEL STEEL us ELt<H/\RT STEE.L.../ US F,L%.8VJELL 100 FL{)()Rif\cH3 Vi/FED ...'.~J' F r:SCA 100 y RlCCJN ;' us 8 .100 DUPONT us L /1;0 Uu !'.,c::.~ 8LJS j;,-, 100 OO-MEST!C OF COMPONENTS BfLfiO~!~ FVPP-05-CA-4 . 52 APRIL 2005 Florida Department of Transportation Public Transit Office Part 1 \ : \' IH S (l Ln ~d ~.tH~~ w;th al! 11' !nH 11. fMVSS No, Hi!: fi\inSS No. Wl: tJ FMVSS !'<iu, HlJ: I MVSS No, 1(;4: F'fWSS Nn, Hi"': ri f\,", ~ 9~ 1t'k \L F"r,,'ss Nfl, FMVSS Nft, i 1~: NG_ 1"%6, :ws: FM\:SS No, 207: FMVSS Nn, IW8: FMVSS No, li)!i: FMVSS No, 2H}: FM.vS" 7:17: "Ii). llW: f!f.rvss 1'4",22 : FMVSS No, 3\12: 4{js: 4{~4: \) x ~ ['4 C ,R. :4 r ' FV, , r~ ;1 nd [) /\ r<..X{tl~, rc~nt~ rn \. (\H1ttoh' and Tfans.n~;~~~~1(i'n i ,e'v~r ~eQHtn~:;-:.. ;'~I;:{f!i;t 1nk'E hKh.. ~Ujtj j'rJ.n:;n;i~~~]on LtT~:~~'1 \\-~;ndsh,(:)d ~)~fn}sling ~HHt i)cr~)ggill-f. \Vind5h1t,.~id \.Viping dF!Q V/~~~~h]n.g S>'~~tf>"fn~ BL.lkc I [):C ""'.. It: <:~f_ Rcar:,-<t.' \~ \.1 Trur~ I. tfi.,::>-" i~rh (or \4(jtnr ~:ht:r 1 'hun r]~t\~~c:n!1e' ( /\c4>::-kr:iiror Cqn!r-~~f S\>:>t{Ti1~ (;,:n:p;;H SUi~ B-ch Sea! Bell Pr l t~'c~ U)f'!- /~ n(ht!n.u:.tL:~~ L\lt~ -Sfho'oi Bu~; KO: ,,~\',.:r Vtu-kTtion ~ t";). ~ :. (' ~ 259 ~;,; H. ,,}05 Florida Department of Transportation Public Transit Office Part 1 EXHIBIT 2 PRICE FORM A BASE DIESEL VEHICLE PRICE CUTAWAY TYPE VEHICLE PRICE PER ITEM 23' Chev/GMC Chassis 4500 17,500 GVWR $63,824 25' Chev/GMC Chassis 450017,500 GVWR $64,524 27' Chev/GMC Chassis 450017,500 GVWR $66,092 FVPP~05~CA4 - 54 . APRIL 2005 Florida Department of Transportation Public Transit Office Part 1 PRICE FORM B SEA TING liTEM l PRICE PER PERSON I ---.J I $212 I I Standard Seat Fold-away Seat $331 Children's Seat $241 Upholstery Information-Vinvl Colors Available Slue Vinyl Combo: Center insert of seat to be Blue/Gray Print CMI part # VP- MEDLI-KEAZU, Outside wrap and back of seat to be Blue solid CMI part # VP- MEDLI-TRAZU. Gray Vinyl Combo: Center insert of seat to be Blue/Gray Print CMI part # VP- MEDLI-KEAZU, Outside wrap and back of seat to be Gray solid CMI part # VP- MEDLI-TRGRY, Beiqe Vinyl Combo: Center insert of seat to be Beige Print CMI part # VP-MEDLi- KEVER, Outside wrap and back of seat to be Beige solid CMI part # VP-MEDLi- DOSNB. FVPP-05-CA4 - 55 - APRIL 2005 Florida Department of Transportation Public Transit Office Part 1 PRICE FORM C PAINT SCHEME PRICES ITEM PRICE PER ITEM Paint Scheme 1 $825 Paint Scheme 2 $625 I Paint Scheme 3 I $575 If an agency requires a paint and lettering scheme that is NOT GENERALL Y covered by one of those listed above, they may make separate arrangements either with the manufacturer or a local vendor to provide these services. Agencies will select colors (2) for background and stripes when orders are placed. All paint scheme pricing shall I reflect white base coat. I FVPP-05-CA4 - 56 APRIL 2005 Florida Department of Transportation Public Transit Office Part 1 PRICE FORM D INDIVIDUAL PRICES OF OPTIONS I I I liTEM DESCRIPTION I PRICE i ! I American Seating (without 3-point tie down) ! a. Standard Seat (per seat) $183.50 3.1.1 b. Foldaway Seat (per seat) $280.00 c. Children Seat (per seat) $202.50 I 3.2.1 HELP Bumper Rear with Hawkeye $430 3.3.0 Altre Flooring $245 3.4.0 Engine (Gas) Size:8.1 Make: Chevrolet Manufacturer~ - ($5,370) 3.5.1 Aluminum wheels in place of steel wheels $937 1361 I IF d CL67 $780 . . ree man ~ - i I 3.6.2 Freedman Sport Driver's Seat $305 I 3.7.1 Public Address System $410 3.8.0 Seat Belt Extensions (two seat belt extensions provided at no cost - $17 additional extensions available at cost) i I i 3.9.1 AM/FM Radio $168 3.10.1 Manual entry door in place of electric door -($300) 3.11.1 TELMA Retarder (Manufacturer Installed Only - No Dealer Installation $5,250 Allowed) i $2,195 13.12.2 Side Wheel chair lift (Braun N919) , 3.12 ide Wheel h ir lift i V 1 $2,195 I .2 ~ c a (Braun V sta 9 9) 1----- i 3.12.1 'Side Wheel chair lift (Rican S-2010) $2,195 $2,195 ............................._...Mm._... --1----.....................-.---1 _ $2,195~ i $242 I .~._------- i j I $387 ) $387 I FVPP-05-CA4 ~ 57 APRIL 2005 Florida Department of Transportation Public Transit Office Part 1 F The dre at match) to the 2. ~ ne; 3. D- , , 4. ItJ- 1-t'1C 4' PresidE:~r;t FVPP-05-CA4 - 58 APRIL 2005 Florida Department of Transportation Public Transit Office Part 1 EXHIBIT 3 FOOT DISTRICT OFFICES Richard Shine FDOT District One 2295 Victoria Ave, Suite 292 Fort Meyers, FL 33901 941-461-4320 Gwendolyn Pra FDOT District Two 1901 S. Marion Street Lake City, FL 32056 904~360~5687 Kathy Rudd FDOT District Three 1014 Hwy 90 Chipley, FL 32428-0607 850-638-0250 x549 Maria Fischer FOOT District Four 3400 W. Commercia! Blvd. Ft. Lauderdale, FL 33309 954~777 -4483 Diane Poitras FDOT District Five 133 S. Semoran Blvd. Orlando, FL 32807 407 -482-7863 Ike Mahmood FOOT District Six 1000 N. W. 11th Ave., Room 6207 Miami, FL 33172 305~311-5913 Elba Lopez FDOT District Seven 11201 N. McKinley Dr. Tampa, FL 33612-6403 FVPP-05-CA4 - 59 - APRIL 2005 Florida Department of Transportation Public Transit Office Part 1 EXHIBIT 4 VEHICLE DELIVERY CHECKLIST The below items must be presented at time of delivery of vehicle to agency or vehicle will be considered non-acceptable. w Vehicle properly serviced, clean and in first class operating condition, Includes front end alignment, wheels balanced, unnecessary stickers removed w Proper "Application for Registration" r.:J GVWR - either on Certificate of Origin or Registration w Four Wheel Weight Analysis Certification LI Odometer Certification o "As Built" Wiring diagrams and chassis electrical manuals r.:J Service, chassis service and "As Built" Parts manuals o Operator's manual r.:J Dealer Invoice r.:J Spare key(s) w Bill of sale LI Warranty papers (forms, policy, procedures) w Maintenance schedule r.:J Post-Delivery Audit documents- o Buy America Certificate and documentation annotating percentage breakdown and percentages. location and items present during final assembly (post-delivery breakdown document) FMVSS o Specifications C) Blank Acceptance I Rejection Notification FVPP-05-CA-4 - 60 APRIL 2005 Florida Department of Transportation Public Transit Office Part 1 EXHIBIT 5 FORMULA FOR COMPUTATION OF SECOND STAGE PRICE ESCALATION Escalation will be calculated based on the following formula which utilizes the U,S. Department of Labor/Bureau of Labor Statistics Producer Price Index (PPI) Category PCU3713#2, Truck and Bus Bodies, "Complete vehicles produced on purchased chassis:" **, not seasonally adjusted. In no event will the prices for any purchase release exceed, by more than 5%, the price(s) that would have been in effect twelve (12) months prior to the date of the release or the base price of the purchase order release if less than twelve (12) months after the initial contract award. Index Point Chan~e Examples PPllndex: Future Recomp Month ,................................................. 141.1 Less PPllndex: Base Award Month................................................ 137.5 Equals Index Point Change.................... ............................... ........ 3.5 Index Percent Chanqe Examples Index Point Change ................................................... ................. 3.5 Divided by PPI Index: Base Award Month ....................................... 137.5 Equals... '" ... """ .., ... ... .,. ... ... ... ... ...... .., ... ...... ... ........, ...... ...... .... 0.0254 Results multiplied by 100 equals Percent Change ...... ....................... 2.54% Total price of standard bus = Minus price of chassis = Equals total second stage price = $42,850.00 $27,050.00 $15,800.00 "Certain Dollar Amount" = Cost of second stage price divided by 100 Certain Dollar Amount = 15,800/ 100 ::;:: 158 Price of second stage will change $158.00 per 1 percent movement in the producer price index (PPI) In this example, 2.54% times $158.00 equals $401.32. This could be added to the total cost of the add-ons per bus. Chassis increase would be added separately pef instructions in Section 1 .2. Once recompilation of second stage pricing is completed, the last recomp month becomes the new award month. ** :::: If discontinued, Category PCU3713, "Truck and bus bodies" will be used. NOTE: These figures provided for illustrative purposes only. FVPP-05-CA4 - 61 APRIL 2005 PART 2 TECHNICAL SPECIFICATIONS Contract #FVPP-05-CA-4 Cutaway Type Vehicles CC4500 Chassis Florida Department of Transportation Public Transit Office ~ Part 2 FVPP-CA-05-4 2.1 TECHNICAL SPECIFICATIONS <> 23', 25' and 27' CUT-AWAY TYPE VEHICLES 2.1.0 GENERAL INFORMATION 23',25' and 27' Chev/GMC CC4500 Chassis --17,500# GVWR 2.1.1 Seating Capacity will vary Seated Adults will vary Wheelchair positions will vary 2.1.2 Overall length - Max. 23',25' and 27' +/- 6" 2.1.3 Overall width (96") 2.1,4 Seated Knee Room- Min. 26" 2.1.5 Cushion Depth ~ Min. 16" 2.1.6 Seat Width Per Sitting - Min. 17" 2.1.7 Cushion Height Above Floor-Min. (Max.) 17.5"(18") 2.1.8 Aisle Width - Min. (In 90" wide body) 16" 2.1.9 Headroom - Min. 78" 2.1.10 Door Width - Min. (clear) 30" 2.1.11 Door Height - Min. 83" I 2.1.12 Overall Height - Max. 120" 2.1.13 FDOT Preferred Steps: Ground to first - Max. 11-12" Riser to height - Max. 8~7J16" Tread depth - Min. 10" FVPP~05-CA-4 - 63 " APRIL 2005 Florida Department of Transportation Public Transit Office Part 2 2.1.14 The vehicle shall conform in all respects to State of Florida Motor Veh icle Laws (induding, but not limited to, Chapter 316, Florida Statutes, Safety rules of the Department of Transportation, Chapter 14-90, promulgated under the requirements of Chapter 341, Florida Statutes) and the American with Disabilities Act, Title 49 Code of Federal Regulations, parts 38, Accessibility Specifications for Transportation Vehicles, Subpart 8-Buses, Vans and Systems. This vehicle shall also comply with 40 CFR Parts 85 & 86 Air Pollution and Emission Standards for New Vehicles. Compliance with all applicable Federal Motor Vehicle Safety Standards shall also be required. The successful bidder will be required to provide any and all results of testing accomplished under the final rules issued by the Federal Transit Administration, 49 CFR Part 655 Bus Testing Program. The tests include the evaluation of maintainability, reliability, safety, performance, structural integrity, fuel economy and noise. Test will be based on 7 year /200,000 miles. 2.1 .15 Workmanship throughout the vehicle shall conform to the highest standards of accepted commercial practice and shall result in a neat and finished appearance. The complete vehicle(s) furnished must be of substantial and durable construction in all respects. All sub components must be installed per the component manufacturer's standard mounting/installation instructions. Any deviations must be approved in writing by the manufacturer and FVPP prior to installation. 2.1.16 Welding procedures and materials shall be in accordance with standards of the American Society of Testing Materials and the American Welding Society. Welds not meeting these standards will be rejected. Rejection will result in the total replacement of sub-floor and/or cage assemblies. All exterior skin side welded surfaces shall be ground smooth and free of unfriendly surfaces as a standard production process. All welds shall be inspected for quality and subject to on line inspection. All welding shall be performed using MIG wire welding machines utilizing Argon gas. All steel body/floor structure shall be coated with zinc base primer to prevent rust. The bus will be a complete galvanized construction. 2.1.17 All parts components and accessories shall be new. All exposed surfaces and edges shall be smooth, free from burrs and other projections and shall be neatly finished. All parts shall be primed with zinc primer: this zinc primer shall include the bottom of such steel structures allowing the finished zinc based primer to cover all metal surfaces. The exhaust system and drive line shall be free from zinc primer. The full metal underbelly, between the floor frame and wood floor is exempted if the metal is aluminum or galvanized. The proposer shall certify that it has the equipment necessary to accomplish this task. Any sub-component installed underneath the vehicle shaH not be primed. The bus will be a complete galvanized construction. FVPP-05-CA -4 ~ 64 APRIL 2005 Florida Deparfment of Transportation Public Transit Office Part 2 2.1.18 All fasteners used in the vehicle shall be backed by a Certificate of Quality by the manufacturer and have been found to be in accordance with all SAE and ANSI specifications. 2.1.19.1 The State of Florida will not allow any cutting of chassis for the purpose of increasing or decreasing the chassis length. This will be verified through serial number checks. The rear overhang, measured from the center of the rear axle to the outer edge of the rear bumper, cannot exceed 1/3 of the overall vehicle length. Rear frame extensions shall be Butt-welded with a continuous weld and shall exceed the requirements of the chassis manufacturer. Any vehicle that exceeds the OEM GVWR and/or GAWR will not be accepted. Further, the FOOT will not allow re-certification of the chassis OEM GVWR and GAWR. 2.1.19.2 The Chev/GMC CC4500 chassis for the 23, 25 and 27 foot buses shall be rated at 17,500 pounds GVWR (subject to change by OEM chassis manufacturer - refer to manufacturer's certification plate). Both chassis must meet GM up-fitter guidelines quality. Chassis shall be heavy duty and the as-built, fully loaded completed unit GVW cannot exceed the OEM's chassis GVWR. (150 Ibs per seated position; 250 Ibs per wheel chair station). 2.1.20.1 All vehicles shall be weighed "as built" before release and manufacturer's engineering department shall perform a four corner weight analysis on each vehicle that indicates the weight of the vehicle and any attachments, the maximum weight of the occupants, and the weight of a full tank of fuel for GAWR and GVWR evaluation. A copy of the "as built" weight certification, four corner weight analysis and an "as built" floor plan shall be on each vehicle shipped to the FVPP, for the FVPP. The "as built" weight certification shall provide the following information: VIN of the bus Manufacturer Body SN A description (type) of the bus Date Number of ambulatory passengers including driver Number of wheelchairs Four wheel weight distribution of the actual completed weight of the vehicle including all attachments Four wheel weight distribution of the weight of the ambulatory passengers including driver Four wheel weight distribution of the weight of the wheelchairs Four wheel weight distribution of the weight of the fuel Four wheel weight distribution of the total weight of the vehicle. Weight analysis must have signature and title of person submitting it. FVPP.05-CA-4 ~ 65 APRIL 2005 Florida Department of Transportation Public Transit Office Part 2 2.1.21 2.1.22 2.1.23 In addition to the manufacturer's weight calculations and documents, FVPP will require that the manufacturers complete and submit weight calculations on FVPP Form #FVPP-05-01. The FVPP will perform random four wheel weight analysis at the Springhill Inspection Facility, The total loaded 'vveight at each wheel must not exceed 50% of the GA\NR for that axle and GVWR must not be exceeded. Any bus that exceeds either condition will be rejected. Manufacturer shall supply a copy of a detailed quality control program. The program shall address at a minimum issues concerning capacity and how quality assurance is provided through each phase of construction. Manufacturer will be required to submit weekly reports which track the progress of vehicles through the procurement/production process from receipt of order through delivery and acceptance of the vehicle by the agency. This report shall be coordinated with the local dealer's report and must be submitted on a timely basis. Dealer will be required to submit weekly reports which track the progress of vehicles through the procurement/production process from receipt of order through delivery and acceptance of the vehicle by the agency. This report shall be coordinated with the local manufacturer's report and must be submitted on a timely basis. Dealer shall be responsible for delivering vehicles that are properly serviced, clean, and in first class operating condition. Pre-delivery service, at a minimum, shall include the following: 1. Complete lubrication of chassis, engine, and operating mechanisms with manufacturer's recommended grades of lubricants. 2. Check all fluid levels to insure proper filL 3. Adjustment of engine for proper operating condition. 4. Inflate tires to proper pressure. 5, Check to insure proper operation of all accessories, gauges, lights, and mechanical and hydraulic features. Manufacturer shall be responsible for delivering vehicles that are properly serviced, clean, and first class condition. Pre-delivery service, at a minimum, shall include the following: 1 Full front-end alignment conducted by a professional alignment shop equipped with the machines, heavy duty equipment and experience to perform proper alignment All wheels shall be balanced, inciuding spare. FVPP.05-CA4 APRIL 2005 66 Florida Department of Transportation Public Transit Office Part 2 A. Complete alignment on all Chev/GMC CC4500. Vehicle shall be delivered with fully adjustable front end components to allow alignment in the field without replacing any components. 2. Focusing of headlights utilizing a machine designed for this purpose. 3. Cleaning of vehicle, and removal of all unnecessary stickers. 2.2.0 ENGINE 2.2.1 Chev/GMC CC4500 shall have 6.6L OuraMax Chevrolet 300 HP diesel engine as the standard for the Chev/GMC chassis. 2.3.0 COOLING SYSTEM 2.3.1 Must be adequate to prevent engine overheating while operating in stop and go transit operation in ambient temperatures as high as 110 degrees Fahrenheit. 2.3.2 Radiator fan shall be thermostatically controlled or dutch belt driven as to be effectively power driven only above the minimum efficient engine temperature. 2.3.3 Coolant provided shall be permanent type antifreeze with rust inhibitor, mixed as 50 150 water and coolant. 2.3.4 The FOOT will accept the OEM heater hose in engine compartment. Silicone hose with constant torque clamps shall be installed between the OEM tee connection and the auxiliary heater. All heater hose shall be routed below floor level to ensure passenger safety. Auxiliary heater coolant fluid shut-off valves shall be included as standard equipment. 2.4.0 FUEL TANK 2.4.1 Fuel tank(s) shall be located in a protected area under the vehicle floor and shall be the largest capacity offered by the OEM chassis supplier. The FOOT will accept OEM standard offering, meeting all federal requirements. 2.4.2 Fuel filter inlet bezel at sidewall. The outside fill bezel is a vacuum formed UV stabif ASS installed from the exterior of the body with screws through the flange into the body. Interior is standard ASS with flanges mounting bezel both to the through sidewall and the floor. 2A3 FVPP has set the minimum fuel tank sizes as follows: (a) all vehicles with 166 inch wheelbase or less wi!! be equipped with a 40 gallon fuel tank; and, (b) all vehicles with wheelbases of more than 166 inches wHl be equipped with a 60 gallon fuel tank. FVPP.05~CA4 " 67 APRIL 2005 Florida Department of Transportation Public Transit Office Part 2 2.5.0 EXHAUST SYSTEM 2.5.1 2.5.2 2.5.3 2.5.4 2.6.0 The vehicle shall be equipped with a heavy duty, corrosion resistant exhaust system which meets or exceeds FMVSS and EPA noise level and exhaust emission (smoke and noxious gas) requirements. Heavy-duty exhaust hangers shall be standard equipment and shall be bolted to the frame. Hanger U-bolt thread orientation shall be directed sideways. All altered exhaust joints shall be welded with a continuous weld. The tailpipe shall terminate behind the left rear wheel and shall be deflected down toward the street. Tail pipe shall provide maximum ground clearance in the departure angle area. The pipe should turn immediately aft of the fuel tank and follow a straight line to the termination point at the roadside rear corner. Routing must meet Federal, State, and OEM upfitter guidelines. Exhaust shall be securely attached to the chassis frame. Galvanized heat shielding shall run between the exhaust and the floor of the vehicle, this shield at a minimum shall meet GM Up-Fitter Guide requirements. ENGINE AIR CLEANER 2.6.1 2.7.0 Shall be dry, replacement type. Type and make to meet the engine manufacturer's recommendation. ENGINE OIL SYSTEM 2.7.1 2.8.0 The engine shall be equipped with a full flow, spin-on type oil filter. The dip stick and oil filler shall be in a readily accessible location and shall not be obstructed by any wiring or hoses. The engine shall be equipped with an air-to-oil or water- to-oil type oil cooler. TRANSMISSION 2.8.1 2.8.2 2.8.3 Chev/GMC chassis shall be ALLISON 1000PTS PUPIL TRANSPORTATION / SHUTTLE SERIES - with 0.71 overdrive. The transmission shall be equipped with an electronic transmission governor, adequate torque capacity clutch packs, oil pump with minimum capacity to supply all transmission lube and shift requirements at idle speed, and external air-to-oil cooler capable of maintaining a safe operating temperature at rated loads. The dip-stick and filler shaH be in a readily accessible location and shaH not be obstructed by any wiring or hoses. The transmission shift control shall be interlocked with the starting motor to prevent the engagement of the starter in any gear other that Neutral" or "Park." FVPP~05~CA~4 ~ 68 APRIL 2005 Florida Department of Transportation Public Transit Office Part 2 2.8.4 Transmission shift control shall have a position lock shift lever for each shift position with an illuminated range indicator. 2.9.0 DRIVE SHAFT 2.9.1 Shali be rated capable of transmitting the torque multiplication of the power units to the drive wheels. 2.9.2 The drive shaft shall be a minimum of 3 inches and heavy~duty type utilizing one or more Spicer needle bearing universal joints or equivalent 2.9.3 Protective metal guards (2 or 3, as needed) for the shaft shall be provided to prevent a broken shaft from touching the ground, contacting any brake line, or whipping through the floor. The drive shaft guards shall conform to 49 CFR. 2.10.0 AXLES 2.10.1 Front 2.10.1.1 Front axle shall be manufacturer's standard. It must be load rated for the GVVVR of the size bus involved. 2.10.1.2 Chev/GMC C4500 shall be I-beam wide track, tapered leaf, 7,000 Ibs. capacity including stabilizer. 2.10,1.3 A front stabilizer bar shall be provided as standard with unit. 2.10.1.4 Shock Absorbers shall be heavy-duty and load rated, capable of controlling the ride when the vehicle is empty, as well as when loaded to the GVVVR. 2.10.2 Rear 2.10.2.1 The MOR/ryde RL-GM4500-01 FL rear suspension shall be standard on the GMC or Chev/GMC 4500 Chassis 2.11.0 BRAKES 2.11.1 Service brakes shall be dual hydraulic, disc front and rear. Braking system shall be heaviest duty available for the GVVVR of the vehicle. Four (4) wheel anti-lock system will be provided. 2.11.2 Brakes should be capable of stopping a fully loaded vehicle at a deceleration rate equivalent to a 22 foot stop from a speed of 20 miles per hOUL They must be capable of this type of stop 3 times in a rapid succession from a speed of 20 miles per hour without brake fade. FVPp.05~CA4 . 69 . APRIL 2005 Florida Department of Transportation Public Transit Office Part 2 2.11.3 Braking system sha II comply with FMVSS-121 or FMVSS-105 as app!icable. 2.11.4 The parking brake shall be capable of holding a fully loaded vehicle on a 15% incline. The system shall incorporate a warning light on the instrument panel to indicate to the driver when the brake is on. The FOOT will accept the standard OEM. The parking brake is the OEM Chevrolet unit, which is a Dana Spicer foot pedal operated, transmission mounted, drum brake. 2.11.5 The controls for the lift shall be interlocked with the vehicle's parking brake and transmission to ensure the vehicle cannot be moved when the lift doors are open and so the lift cannot be deployed unless the interlocks are engaged. The interlock must meet ADA Title 49 Lift Interlock requirements and be FMVSS 403- 404 compliant 2.11.6 The system shall be a solid state, microprocessor-controlled unit that utilizes "Plug and Play" connections to the chassis, intermittent fault filter technology to eliminate false signals from activating the system, and have a dash mounted LED to display sub-system status. The system shall be an Intermotive IllS system. 2.12.0 STEERING 2.12.1 Manufacturer's standard hydraulic power steering of integral design shall be provided. 2.12.2 The steering wheel shall be OEM standard. 2.12.3 Steering wheel shall incorporate cruise control and a tilt feature to adjust to individual drivers. 2.13.0 TIRES AND WHEELS 2.13.1 Tires shall be the manufacturer's standard fully steel belted tubeless radial for the size bus and GVW of the bus involved. Wheels shall be heavy-duty, ventilated, pressed steel. An un-mounted spare tire and wheel assembly shall be provided with each vehicle. The weight distribution of the bus with maximum load shall not load the tires beyond their rated capacity. 2.14.0 ELECTRICAL 2.14.1 The vehicle shall equipped with a heavy~duty (12 volt) electrical system. All components are to be selected and integrated to function in an environment characterized by low engine (alternator) speeds and high amperage draws (due to lights, wheelchair lift, flashers, air conditioning or heater, and other FVPP-05-CA4 - 70 - APRIL 2005 Florida Department of Transportation Public Transit Office Part 2 accessories in constant operation). The entire electrical system, shall comply with CFR 49 sections 393.29, 393.30, 393.31,393.32, and 393.33 respectively. 2.14.2 The vehicle will be equipped with a belt driven alternator or alternators capable of producing output at engine idle that exceeds the total amperage draw with all systems (excluding the wheelchair lift) functioning. Alternator must be capable of producing this level of output with alternator surface temperatures up to 220 degrees Fahrenheit. Proposer shari include documentation of total amperage draw as a component of the proposal. If an upgrade (non-OEM) alternator or alternators are used, the manufacturer shall provide a permanent label under the hood stating brand, model number, serial number and alternator output. The OEM alternator output cable to the OEM power supply box must be retained and a separate second stage cable shall be installed ensuring even voltage distribution between the two sets of circuits. If an alternator or alternators islare equipped with a separate rectifier bridge or an external regulator, the rectifier and or regulator shall be mounted inside cab of the vehicle. Proposer may be asked to furnish a sample of any aftermarket alternator for testing prior to award of contract. Battery terminals shall be located to the outside of the tray (to allow easy access to jump start vehicle). Access door shall be non-locking latch type. The vehicle shall be equipped with a storage battery electrical power main disconnect switch. The disconnect switch shall be located in an accessible location inside the battery box compartment and shall be labeled Battery disconnect, "Emergency Use Only". 2 14.3 The vehicle shall have dual 700 CCA batteries in OEM tray below driver's door. Battery terminals shall be located to the outside of the tray (to allow easy access to jump start vehicle), Access door shall be non-locking latch type. The vehicle shall be equipped with a storage battery electrical power main disconnect switch. The disconnect switch shall be located in an accessible location inside the battery box compartment and shall be labeled Battery disconnect, Emergency use only. 2,14.4 A fast idle system shall be installed which will automatically increase the engine speed (RPM). This fast speed idle shall be capable of being actuated either by hand, a voltage sensor, an air conditioner command, or a low coolant temperature command. This fast speed idle shall engage only when the vehicle is in Park and the park brake is applied. 2.14.5 The vehicle shall be InterMotive AFIS-6010 fast. System shall have diagnostics for operating and memory codes. The FVPP recognizes that the AFIS system will not provide the requested features for an air conditioner command or a low coolant temperature command. FVPP-05-CA-4 - 71 APRIL 2005 Florida Departmenf of Transportation Public Transit Office Part 2 2.14.6 Heavy-duty, dual 12 volt horns shall be furnished and installed so as to be protected from wheel wash. 2.14.7 The manufacturer shall provide a reverse direction alarm (BUA) in compliance with SAE J994b with respect to acoustical performance for a Type B device, but emitting at least 7dbb (A) plus or minus 4db with a supply of '14 volts. Conformity to the environmental test stipulated by the SAE shall not be required. 2.14.8 All fuses and relays (other than chassis OEM and AlC Circuits) shall be placed in a solid state panel, and mounted in an easily accessible circuit box. All secondary circuits other than Ale circuits shall be powered by this panel and the panel will only have power when the ignition switch is in the ON or ACCESSORY position. The circuit box shall be conveniently mounted and have a secure cover. Inside the circuit box cover shall be a legend identifying each circuit and wire by color, function, and location. This legend shall be permanently mounted. 2.14.9 A solid state InPower Ultraswith DCC 150-150 high current relay shall be supplies and installed so that when the ignition switch is in the OFF position; all second stage circuits will in inoperative. Relay shall be continuous duty, dual individually controlled outputs, rate at 75 amps each. One side will control air conditioner system current and the other will handle all other second stage loads. Relay shall be mounted in the electrical circuit box. A thermal reset breaker shall be located near the battery to protect the circuit 2.14.10 When ever an acceptable multiplex system is identified, language affected by the system will be negotiated. 2.15.0 WIRING 2.15.1 All general purpose wires shall be vinyl insulated to 200 degrees Fahrenheit, shall meet SAE standards, and shall be color coded and function coded at least every six (6) inches and permanently labeled to identify their function. Battery cables shall be minimum 1/0 gauge with minimum of 0.075" wall plastic insulation. All wiring shalf be of sufficient size to carry the required currents without excessive voltage drop. All wiring shall be run inside the body in a protected area. All wiring shall be in a loom and securely clipped for maximum protection. Clips shall be rubber or plastic coated to prevent cutting the wiring insulation, When routing wiring under vehicle all wiring shall be encased in a loom and attached to the sub-floor with rubber or plastic coated P-clamps every 12 inches except where accessibility prohibits it and shall not be bundled with hoses. The harness shall run in straight fines as close to the chassis frame rails as possible. Any harness that goes over the rear suspension shall be encased in a conduit fixture securely fastened to the sub-floor rails, All multi-pin connectors with 12 or more circuits shall be environmentally sealed with metal connectors and a twist lock mechanism All connectors with 3 to12 circuits shaH be environmentally sealed high impact plastic connectors with pull apart locking FVPP-OS-CA-4 - 72 APRIL 2005 Florida Department of Transportation Public Transit Office Part 2 tabs. All connections containing one to two circuits shall be made with Posi-Lock connectors. NO BUTT CONNECTORS WILL BE ALLOWED, Vehicle shall contain professionally built harnesses using color and number coded high temperature wire. Entire harness system and mating electrical components shall be plug-connected with lock tab connectors; all terminals shall be machine crimped; all harnesses shall be covered in high temp conduit and all exterior under body/under hood connectors shall be Weather-Pak connectors. Each vehicle shall contain a set of detailed system-by-system "as built" wiring schematics for easy troubleshooting. A complete sample set of standard wiring schematics shall be included as an attachment to any proposaL Proposer shall provide wiring schematics for aU sub-components installed on proposed vehicle. Any solder joints must be pre-approved by FOOT. Once an acceptable multiplex system is available. all wiring must be altered to accommodate that multiplex system, supported by documentation and revised "as built" wiring schematic shall be provided. 2.15.3 Additional wiring shall be installed for future installation purposes of a two way radio system. Circuits shalf consist of one fused positive lead and one negative lead. Positive circuit shall have power only when the ignition switch is in the ON or ACCESSORY position. Conduit for antennae cable shall be provided, with pull string. 2.16.0 FOOT PREFERRED BODY CONSTRUCTION 2.16.1.1 The body shall be constructed of 1 inch x 1 inch 16 gauge (minimum) box tubing on one side, up, across the roof and down to the floor supports on the other side to provide, more or less, a roll bar at each body post location. The post assemblies shalf be welded to the sub-floor frame. There shall be a roll bar in front of and behind each window and at each corner of the body. These post assemblies, or roll bars, shall be tied together with longitudinal stringers at the top and bottom lines of the window openings and at least one on the body roof centerline to produce a steel safety cage design. Window openings shall have steel reinforced radiuses. Manufacturer shall provide with bid package a detailed description of how the window openings are reinforced and the method of attachment. The longitudinal stringer mounted 1" above the window line shall be constructed of (minimum) 3/4 inch x 1 % inch 14 gauge tubing for the wheelchair shoulder harness support. There shall also be two 3/4 x 1 1/2in. vertical wall bows installed to support the wheelchair door frame. The opening for the emergency roof hatch shall be constructed of 1 inch x 1 inch 16 gauge (minimum) box tubing and shall be an integral part of the steel safety cage. The supports for the air conditioner evaporator shall be constructed of 1 inch X 2 inch 14gauge (minimum) tubing and these supports shall be an integral part of the steel safety cage. When welding post assemblies, stringers, and supports together, all four sides of the box or rectangular tubing shall be welded using ASTM standards. The steel safety cage shall be jig welded to insure uniformity of vehicles produced. FVPP -05-CA.4 ff 73 APRIL 2005 Florida Department of Transportation Public Transit Office Part 2 The floor structure will be constructed of 2" x 4" 13 gauge Flow Coat cross members are set on 24" centers with 1 h" x 4' 13 gauge Flow Coat running longitudinally on the bottom side of the floor the full length of the floor. The sidewall structure is constructed utilizing the same 24" centers as the floor keeping all structural members in line with each other. The roof structure is constructed utilizing the same 24" centers as the floor an walls keeping all structural members in line with each other. 2.162 All joints shall be caulked and sealed at the time of construction to produce water and dust tight seal. In addition to the Federal Motor Vehicle Safety Standards (FMVSS) or the Advanced Design Bus (ADS) Crash worthiness Test requirements, the manufacturer shall also meet all applicable State of Florida Regulations in effect at the time of manufacture, 2.16.3 All dimensions, positioning of components, clearances, etc., shall be based on adult passengers. 2.16.4 If applicable, the mounting of the body on the vehicle shall have as a minimum, the integrity of a school bus body mounting. Any sound deadening or cushioning material between the body and the chassis must be designed and installed in such a way as to present the failure of such material creating a safety hazard. 2.16.5 All interior and exterior fiberglass reinforced plastic panels and assemblies shall meet the flammability protection requirement of FMVSS-302. 2,17,0 FOOT PREFERRED FLOOR 2.17.1 The floor structure is constructed of 2" x 4" x 13 gauge Flow Coat cross members all set on 24" centers with a 1 W' 4 x 11 gauge tube running longitudinally on the bottom side of the floor the full length of the floor. Then a ~" x 3" rubber islolator is placed between the hat channel and chassis frame and fastened uding W' - 13 UNC grade 8 bolts through mating mounting angle mount locations. Marine grade 5/8" plywood makes up the floor structure. Floors have a full-length molding. 2.17.2 A full metal sub-floor shall be securely attached to the cab section and bolted to the chassis frame. Welding of any floor under-structure members to the chassis will not be acceptable. A full metaf under belly shall be installed between the metal floor structure and the floor. ~,,1anufacturer shall provide with bid package a detailed description of the method of attachment of sidewall post to sub-floOL FVPP~05~CA-4 - 74 APRIL 2005 Florida Department of Transportation Public Transit Office Part 2 2.17.3 Minimum % inch thick, fire-retardant Advantech type flooring shall be glued and screwed onto the steel sub-floor. Floor attachment adhesive shall be heavy-duty construction grade exterior adhesive. 2.17.4 FVPP has determined that the totally flat floor will be the required standa rd. 2.18.0 WHEEL HOUSINGS 2.18.1 Rear wheel housing shall be of 14 gauge galvanized (minimum) one~piece steel constructed and adequately reinforced to prevent deflection. Ample clearance shall be provided for tires under load and operating on both smooth and rough terrain. All steel shall be treated for corrosion resistance, using zinc based primer. In the event that tires extend beyond side of the vehicle, splash aprons and fenders shall be provided. Front Wheel housings are to be provided with the chassis cab section. 2.19.0 STEPS 2.19.1 FOOT preferred step/step well construction, step wells shall be of one-piece 14 gauge galvanized steel construction. Step well is to be constructed and adequately reinforced to prevent deflection or buckling under the weight of a 350 pound passenger. All steel shall be treated for corrosion resistance, All step edges shall have a band of yellow or white running the full width of the step or edge that contrasts from the step tread and riser. There shall be no lip or overhang, on the edge where the riser meets the tread, which would create a "toe catching" condition. Step well is to have two (2) or more steps; all risers shall be equal. Each step shall be at least 34 inches wide and have a minimum tread depth of 10 inches. Maximum riser height shall be 8-7/16 inches. 2.20.0 DOORS 2.20.1.1 Vehicles shall be equipped with 1/8" wall aluminum extrusion framed entry/exit door. The door shall be a two-leaf or bi-fold outward opening door. Clear door opening width shall be a minimum of 30 inches with a minimum height of 83 inches measured from the first step to the door header. 2.20.2 All entry doors shall utilize long-life friction reducing materials and/or methods at upper and lower door~leaf pivot points. All door header linkages and rotation points shall incorporate similar long-life friction reducing materials/methods in their construction. 2.20.3 The passenger entry door shall be located directly across from the driver at a 90 degree angle for maximum viewing of the entry way. Door may incorporate separate top and bottom glazed windows or full glass. Lower end of window shaH allow full view of curb, Glass will be 125" Tempered Glass, AS2 Green Tint, 70% light transmission, FVPP-05-CA-4 - 75 - APRIL 2005 Florida Department of Transportation Public Transit Office Part 2 2.21.3 The engine shall only start when the rear emergency door is unlocked and dosed. An audible alert capable of 95 db (A) shall be produced any time the emergency door is open or locked and the ignition is on. The controller to accomplish this feature shall be a fully automatic, solid-state unit with plug-and- p!ay connections to the vehicle harness. The controller shall be the lntermotive Emergency Door Module Part No. EDM501 or prior approved equal. 2.21.4 Emergency escape windows shall be clearly labeled and operation instruction shall be clearly visible at each escape window. The emergency release handle (or bar) shall meet FMVSS-217 requirements and shall not return to the locked position automatically: it shall require the driver or other authorized person to manually re-Iock it All emergency exits must comply with F.AC. 14-90. 2.21.5 Each emergency exit shall be identified with a 12 VDC LED light assembly wired to the vehicle ignition circuit This system, along with window signage, shall provide passengers with a clear understanding of exit routes. 2.21.6 For standardization purposes all vehicles shall be equipped with a Specialty Manufacturing Pro-La (or approved equal) roof hatch equipped with both an internal and external operating handle. Hatch shall open from rear toward the front. This does not exempt the manufacturer from other requirements found throughout Section 2.32. 2~22.0 SASH AND GLASS 2.22.1 Side sash shall be T-slider type. The sash shall be equipped with latches. Sash shall not slide (open or close) upon brake application. Side sash and rear glass may be either laminated safety glass or tempered safety glass. Glass in the driver's area (from the rear of the driver's sash on the left side around front end to the rear edge of the entrance door) shall be laminated safety float glass. All glass shall be tinted, density as follows: Side sash glass; Rear end glass: Windshield glass: Driver's window glass: Right Side glass opposite driver: Entrance door glass: Tinting color shall be smoke (gray). double density* double density* single density single density single density (if applicable): single density single density * 20% light transmittance. FVPP-05-CA4 - 77 APRIL 2005 Florida Department of Transportation Public Transit Office Part 2 2.22.2 The use of transit quality, scratch resistant plastic glazing material is acceptable in side windows and fear end windows; excluding windshield and driver's windows. Glazing material shall be in accordance with the latest version of ANSI - Z26.1, Safety Code for Safety Glazing Materials for Glazing Motor Vehicles Operating on Land Highways. Glass must be AS-2 tempered. Glass grade shall be visible on each window pane. 222.3 The street-side (left) rear most window will be fixed, not allowing the window to be opened. This is to keep exhaust fumes from entering the bus. 2.23.0 LIGHTS 2.23.1 EXTERIOR 223.1.1 Exterior headlights shall be standard OEM. 2.23.1.2 Shall be the manufacturer's standard, in compliance with FMVSS and State of Florida requirements. 2.23.1.3 Directional signals shall be in compliance with FMVSS and State of Florida statutes. Control switch shall be self-canceling type mounted on the steering column. Shall include a hazard warning feature as required by FMVSS - 108. 2.23.1.4 Tail, brake, and rear turn lights shall be LED and shall be Peterson Mfg. Model 417. Body marker and clearance lights shall be LED Peterson Mfg. Model 167 (PC Rated). Mid Ship turn/clearance lights shall be Peterson Model 353. Tag lamp shall be LED Peterson Mfg. Model 153 and back up lamps shall be LED Peterson Mfg. Model 417. 2.23.2.0 INTERIOR 2.232.1 Vehicles shall incorporate side and/or center ceiling mounted interior lighting, interior fluorescent center aisle lights shall be Spedalty Manufacturing, FL Series, Flush Ught (T5) or approved equaL 2.23.2.2 The number of lights and their light output shall be determined by the requirement of 12 foot candles at the reading plane of the seated passengers. There shall be a shielded step well light, wired to light when the door opens and shall be mounted to provide light on each step tread, plus an area on the ground three (3) feet beyond the lower step. The Step well light shall be located to prevent one step from casting a shadow on another step tread. 2.23.2.3 Any step well or doorway immediately adjacent to the driver shall have, when the door is open, at least 2 foot candles of illumination measured on the step tread of FVPP~05.CA-4 ~ 78 APRIL 2005 Florida Department of Transportation Public Transit Office Part 2 lift platform. Other step wells and doorways induding the doorway(s) in which lifts or ramps are installed shall have, at all times, at least 2 foot candles of illumination measured on the step tread, lift, or ramp when deployed at the vehicle floor level. 2.23.2.4 Instrument panel and switch pane! shall be indirectly lighted In a way as to prevent casting a glare on the windshield. 2.24.0 REFLECTORS 2.24.1 Reflectors shall be size, type color and location required to comply with the requirements of both FMVSS - 108 and the regulations established by the State of Florida. 2.25.0 SEATS 2.25.1 Freedman Seating is the approved seating supplier for this proposal. All seats shall have integrated 3-point belts (lap and shoulder) that meet or exceed FMVSS 208, 209, and 302. 2.25.2 Seating shall be mid back individually bucketed seats that provide head and neck support. Seats shall have contoured molded foam with seat and back bolsters that provide ergonomic comfort and lower lumbar support. 2.25.3 Seating must meet or exceed all applicable Federal Motor Vehicle Safety Standards including FMVSS 207/210 (seat belt anchorage) and FMVSS 225 (LA TCH/child restraint seating). The proposer shall provide a description of the seats they propose along with a copy of the seat pull test for the model bus proposed. The OEM Bus Manufacturer shall provide in-vehicle seat installation FMVSS 207/210 (pull test) reports prior to vehicle delivery. 2.25.4 Upholstery material shall be CMI 32 oz vinyl with water and mildew resistant, antimicrobial and antibacterial properties. Colors are shown in Exhibit A, Part 1. 2.25.5 3-point seat belts shall be automotive style (ELR - Emergency Locking Retractors) with both inertia sensitive and positions sensitive locking features. When fully extended, the belts shall be able to switch to ALR (Automatically Locking Retractor) type in order to be able to secure older model (non-LATCH compatible) child car seats. 2.25.6 The shoulder beits for each passenger shall restrain the shoulder closest to the wall. 2.25.7 Seats that require LATCH/child restraint hooks must meet FMVSS 225. Seats must look identical in appearance to other non-FMVSS 225 seats in the vehicle. FVPP-05-CA4 . 79 APRIL 2005 Florida Department of Transportation Public Transit Office Part 2 2.25.8 Ail seats shall have top mounted anti-vandal grab handles. Grab handles shall be injection molded nylon and installed with tamper resistant hardware bolted directly to the metal seat frame structure. 2.25.9 All seat frames shall be attached to the vehicle by the use of mounted tracks that are welded to the floor frame and wall frame of steel safety cage. 2.25.10 All welded joints of the seat frame and belt assemblies shall meet or exceed FMVSS 209, (performance and strength) and FMVSS 210 (seat belt mounting certification.) The passenger seats, frames and seat belts should operate as a complete system. 2.25.11 All metal parts and surfaces shall be chemical cleaned, iron phosphated, electrostatically painted black and baked to provide a rugged, long lasting, rust and corrosion resistant finish. 2.25.12 All seat frames must be high quality heavy duty tube, jig welded, and utilize a heavy duty wire mesh grid for seat support. The back rest must have steel straps for back support; plastic straps are not acceptable. 2.25.13 All seats must include a backrest designed to improve hip-to-knee room. 2.25.14 All cushions must be molded polyurethane to ensure maximum individual passenger comfort and durability. 2.25.15 All seats must be removable from the base frame. 2.25.16 All upholstery must use plastic extruded "J" clips to fasten the cover to the frame. No special tools must be required to remove or replace covers. Seat back cover shall be easily removable in order to provide easy access for seat belt maintenance without having to remove the seat from the base frame. 2.25.17 All seats must have a piece of automotive chipboard inserted between the outside back and the seat frame to insulate the passenger from the knees of the passenger behind him/her. 2.26.0 FOLD-AWAY SEATS 2.26.1 Forward facing seating must meet or exceed all applicable Federal Motor Vehicle Safety Standards including FMVSS 210 seat belt certification test The proposer shall provide a description of the seats they propose along with a copy of the seat pull test for the model bus proposed. Seating shall be bench style notch back seats that provide head and neck support Seats shall have contoured back foam with side bolsters that provide ergonomic comfort and lower lumbar support, FVPP-05-CA4 . 80 APR!L 2005 Florida Department of Transportation Public Transit Office Part 2 2.26.2 Seat belts shall meet or exceed FMVSS 209. All seat belts must be conveniently located and be at least 104 inches long (center of retractor to end of the anchor). They must be user friendly, easy to operate, lightweight, and durable. All seat belt retractors must be permanently mounted inside the seat. Webbing must pull out a minimum of 66 inches from the shoulder bezel in order to fit a 95th percentile male. 2.26.3 3-point seat belts shall be automotive style (ELR - Emergency Locking Retractors) with both inertia sensitive and positions sensitive locking features. When fuHy extended, the belts shall be able to switch to ALR (Automatically Locking Retractor) type in order to be able to secure older model (non-LATCH compatible) child car seats. 2.26.4 The shoulder belts for each passenger shall restrain the shoulder closest to the wall. 2.26.5 Seats that require LA TCH/child restraint hooks must meet FMVSS 225. Seats must look identical in appearance to other non-FMVSS 225 seats in the vehicle. 2.26.6 The seat must be cantilevered and must not require an aisle leg or tether for support. 2.26.7 The foldaway seat must require no more that three (3) operations to either store or deploy. All hooks, locks and handles must secure in a positive fashion. Cable release mechanisms are not permitted 2.26.8 All foldaway seats shall have top mounted anti-vandal grab handles. Grab handles shall be injection molded nylon and installed with tamper resistant hardware bolted directly to the metal seat frame structure. 2.26.9 All seat frames must use high quality heavy duty tube; jig welded, and utilize a heavy duty wire mesh grid for seat foam support. The seat back must have steel straps that support the back foam. Using plastic straps for back support is not acceptable. 2.26.10 Seat upholstery must use plastic extruded "J" clips to fasten the cover to the frame. No special tools must be required to remove or replace covers. Seat back cover shall be secured at the bottom with industrial Velcro and easily removable in order to provide easy access for seat belt maintenance. 2.26.11 All seats must have a piece of automotive chipboard inserted between the outside back and the seat frame to insulate the passenger from the knees of the passenger behind him/her. FVPP-05-CA-4 ~ 81 APRIL 2005 Florida Department of Transportation Public Transit Office Part 2 2.27.0 FLIP SEATS -- DELETED AS AN OPTION 2.27.1 FVPP made the determination to delete flip seats as a seating option. 2.28.0 DRIVER SEAT 2.28.1 Driver seat shall be high back, fully adjustable type and shall include shoulder and lap restraining belt with retractor, right armrest, and lumbar support. The seat shall be vinyl and shall be color keyed to the passenger seats. 2.29.0 FLOOR COVERING 2.29.1 Floor covering shall be RCA Rubber 1/8 inch thick, smooth under passenger seats and in driver's area. Aisle covering shall be 3/16 inch thick ribbed. Step treads shall have a white or yellow edge or nosing to pronounce the presence of the step. Vestibule covering shall be mitered to match the ribs fin the aisle strip to facilitate cleaning. At the Step well(s), there shall be no lip or nosing overhang, the step tread flange shall be flush with the vertical riser to eliminate any tripping condition. Altro flooring shall be made available as an option. 2.29.2 There shall be a 2 inch wide "standee limit" stripe set into the ribbed aisle covering located at the rear of the driver's seat The standee line or bar shall meet the requirement of 49CFR section 393.90. The floor covering shall meet the requirements of FMVSS-302. 2.30.0 INTERIOR FINISH 2.30.1 The lower side walls from the window sill line to the seat support rail shall be reinforced plastic of sufficient thickness adequately supported to prevent buckling. Floor covering shall be coved up to the bottom of the seat rail. 2.30.2 Upper trim and ceiling panels shall be molded reinforced plastic. Front and rear interior finish panels may be the manufacturer's standard. 2.30.3 From the window sill line up, including the ceiling shall be a light color complimentary to the lower color and seat color. All joints in the interior paneling shall be covered by trim strips or molding. All sharp edges, sharp corners, and/or protrusions shall be eliminated for safety reasons. Any fastenings or other object that can catch a passenger's clothing or cause injury shail be avoided. 2.30.4 All materials must comply with FMVSS-302. FVPP-05-CA-4 - 82 APRIL 2005 Florida Department of Transportation Public Transit Office Part 2 2,31.0 GRAB RAILS AND STANCHIONS 2031.1 Handrails and stanchions shall be provided in the entrance of the vehicle and elsewhere in a configuration as specified in 49 Code of Federal Regulation Part 38, Subpart B. Section 38.29. 2.31.2 There shall be a continuous ceiling-mounted grab rail on each side of the aisle (except over doorways), vertical stanchions from floor to ceiling or seat back grab handles to provide a passenger with secure holding areas from front of the vehicle to the rear. In the positioning of stanchions and grab handles, there shall be no more than 38 inches between one holding device and the next, from one end of the aisle way to the other. The 38 inch dimension can be figured longitudinally of the body, across the body or diagonally from one to the other. 2.31.3 Ceiling grab rails shall terminate into vertical stanchions or turn up into the ceiling. No exposed ends will be accepted, 2.31.4 A modesty panel shall be positioned at the rear edge of the step well. This shall be made up of a vertical stanchion at the inner rear corner of the step well with a rail running from that stanchion to the wall at window sill height and the modesty panel installed therein. Panel shall have 1 % to 2 inch spacing between the bottom of the panel and the floor to facilitate cleaning the floor. Fastening of the panel shall be by bolts or rivets, screws will not be acceptable. 2.31.5 Grab rails and stanchions shall be made of 1 X inch diameter stainless clad tubing, stainless clad shall be 0.02 inches thick. Fitting ells, tees, flanges and bolts shall be stainless steel. CeiHng grab rail support brackets shall be stainless steel or anodized cast aluminum. Grab rails/handles shall be mounted on both sides of the entry steps. All stanchion tubing is 1 X" brushed stainless tubing (no stainless clad tube). 2.32.0 INSTRUMENTS 2.32.1 Mounted in the instrument panel forward of the driver and in full view to him in his driving seated position, the instruments listed in Exhibit 1 shall be considered as the minimum. 2.33.0 CONTROLS AND SWITCHES 2.33.1 All controls and switches shall be mounted within easy reach of the driver. They shall be permanently labeled for quick and unmistakable identification. Glued identification decals are not acceptable. All controls and switches shall be lighted for night time operation in such a way as to prevent glare in the windshield or driver's side windows. Gauges and alarms required are further described in Exhibit 1. User-friendly switch console is located in clear view for driver FVPP-05-CA-4 - 83 APRIL 2005 Florida Department of Transportation Public Transit Office Part 2 convenience marked with clear-lighted professionally manufactured identification legends. 2.34.0 HEATERIDEFROSTER 2.34.1 The front heater shall include a means to defrost the windshield and driver's windows in accordance with FMVSS-103. There shall be a separate control to give heat to the driver's foot area. 2.34.2 Additional heater(s) will be required and must achieve a 65 degree interior temperature with an empty coach when the ambient temperature is 0 degrees Fahrenheit within 45 minutes (measured at thirty inches above the floor at the standee line, at the center of the passenger area and twelve inches from the rear wall of the passenger area). The additional heater(s) shall be mounted to the floor under seats at the manufacturer's standard location to produce an even interior temperature. The heater blower motors shall be easily accessible for servicing; they shall be controlled by three position switches having HIGH, LOW, and OFF positions. Heaters shall be shielded to prevent blowing hot air onto the passengers' legs. 2.34.3 A booster pump will be used to meet the above performance standard and the auxiliary heater valve shall be vacuum controlled activated by the heater switch. If a booster pump is installed to meet the above standard (2.34.2). there shall be no manual cut-off valves installed. 2.34.4 Heater hoses shall be of top quality silicon materia!. Hose clamps shall be constant torque type. 2.34.5 Hoses shall be protected and supported by approved clips at all locations where they are close to or pass through metal frame members to prevent chafing. Hoses shall be shielded against heat at any location where they pass over or near any part of the exhaust system. 2.35.0 WINDSHIELD WIPERSIWASHERS (Electric Wipers) 2.35.1 To be manufacturer's standard for the vehicle involved in accordance with FMVSS-104. Washer supply tank shall be located for easy refill from outside the vehicle. Wipers shall be controlled by a four (4) position switch having an OFF, LOW, HIGH and INTERMITTENT positions. 2,36,0 SUN VISOR 2.36.1 Shall be padded type, fully adjustable, to provide sun glare protection either at the windshield or the driver's side window. A friction device shall hold it securely in either location and in any position during travel over rough road surfaces. FVPP,05-CA-4 . 84 APRIL 2005 Florida Department of Transportation Public Transit Office Part 2 2.37.0 MIRRORS 2.37.1 Chevy C4500 vehicles will be equipped with Lucerix "break-away" mirror (approx. glass size = 7 %" x 12 W') with a lower convex (approx. glass size = 7" x 4 %") on the curbside, mounted to the "A-Pillar". Roadside mirror is a.E.M. mounted to the "A-Pillar" Each mirror head has approximately 80 square inches of flat reflective surface plus an integrated (not stick-on) independently adjustable convex. Proposed vehicles will have the C & J 80S dead angle mirror installed in the center of the front header. 2.37.2 All mirror mountings for Chevy C4500 vehicles shall be sufficiently rigid to prevent viewing distortion due to vibration. Exterior mirror mountings shall permit moving out of position to prevent mirror damage from automatic bus washers. The roadside mirror is bolted to the OEM mirror position. The curbside mirror is through bolted to the fender, with bushings in the void between inner and outer body metal, which allow proper torque of the bolts without collapsing or deforming the metal 2.38.0 EXTERIOR FINISH 2.38.1 All welds shall be chipped to remove slag. All metal parts shall be galvanized. Any parts welded during offline or during assembly shall have surrounding area treated with galvanized spray. 2.38.2 All surfaces that will be exposed on the finished vehicle shall be properly sanded prior to finish color paint application. Finished color paint shall be DuPont Centari, DuPont lmron. or equivalent Should manufacturer use other than these then they shall request deviation approval from the FVPP. This request shall also include an outline of their painting procedure. 2.38.3 Vehicles will have gloss black window blackouts. 2.39.0 RUST PROOFING 2.39.1 The entire underbody, including wheel housings shall be galvanized and all weld joints shall be treated with galvanized spray. 2.40.0 BUMPERS 2AO.1 Bumpers shall be provided at both front and rear of the vehicle, The front bumper shall be OEM chrome, The rear bumper shall be Romeo Rim HELP Bumpec The rear help bumper shall be installed using heavy duty brackets bolted to the frame or frame extensions (not welded). The bumper shall be bolted directly to the FVPP-05-CA-4 - 85 APRIL 2005 Florida Department of Transportation Public Transit Office Part 2 bumper brackets with a minimum of 8 bolts (4 each side), bolts shaH be a minimum 7/16 inch grade 8. 2.41.0 INSULATION 2.41.1 Insulation shall be comprised of 1 %" block foam in sidewalls and 1" spray foam in roof providing a R value of 8.0.. 2.42.0 AIR CONDITIONING 2.42.1 The air conditioning equipment shall be Thermo King, or approved equal. System must pass the Florida Department of Transportation Air Conditioning Performance Test dated OS/26/04. 2.42.2 Vehicles shall have, as a minimum: Two (2) ten (10) cubic inch compressors. No "Add-On Systems" shall tie into OEM System in any way, must be totally split system. 2.42.3 Air circulation shall be high volume with low velocity to provide draft-free comfort. 2.42.4 All hoses shall be routed and secured in such a way that they will not rub or chafe. Routing of these hoses shall not interfere with the access of routing maintenance items such as dip-sticks, air filters, or access doors. When routing hoses under the coach the hoses shall be run in a straight line and shall be secured with rubber or plastic coated p-clamps every 12 inches. Refrigerant hoses shall be a refrigerant type double braided barrier construction. Refrigerant fittings shall be "Quick Click" or equivalent. Hoses and fittings must be qualified to SAE specification J2064. 2.42.5 The proposer shall describe the air conditioning unit and the related components that they intend to furnish to meet the performance requirements described in FOOT Air Conditioning Performance Test dated 5/26/04. In the event the unit fails the Florida AlC Performance Test (see above), the manufacturer will be solely responsible for correcting the problem before further production and shall retro-fit any and all units already completed and/or in the field. 2.42.6 The hoses and fittings located inside the interior evaporator shall be completely insulated. The condenser plug located underneath the vehicle shall be "weather Pak" or approved equal. 2.42.7 Thermo King, as the Ale supplier for the FVPP-2005-CA contracts, shall make available to the body builder a complete, ready to install kit containing all necessary components to start and complete the Ale instaflation without ordering any additional parts necessary to complete the installation. All parts in the kit are covered by the Thermo King four (4) year warranty. Thermo King shall provide FVPP-05-CA4 - 86 APRIL 2005 Florida Department of Transportation Public Transit Office Part 2 "on site" installation training to the FDOT/FVPP contract body builders; starting with the first unit to go on line under this contract, and continue as necessary until Thermo King is satisfied that installation of their complete system is correct. 2.43.0 LIFTS 2.43.1 The lift, its design, installation and operation shall comply with The Americans with Disabilities Act (ADA), Regulations and Requirements as Amended (Title 49 Code of Federal Regulations, Part 38, Subpart B. Section 38.23 and 49 CFR Part 571, and Florida Rule Chapter 14-90 [Equipment and Operational Safety Standards Governing Public-Sector Bus Transit Systems].General guidance for lifts is provided below Omission in this guidance does not relieve the bidder from compliance requirements of the ADA or Florida Administrative Code Chapter 14- 90. 2.43.2 Vehicle shall be equipped with a full automatic wheelchair lift mounted on the curb side of the vehicle, accessible via access doors. The lift door on the right side of the vehicle shall have a 68" minimum entry way and 44" width. The lift mechanism shall be designed to also provide a minimum 68" clearance. The lift shall be mounted so as not to detract from the structural integrity of the vehicle. The lift gate shall be of heavy duty frame design. The wheelchair entrance door shall be open swinging type with window. Manufacturer shall provide with bid package a detailed description of the method of attachment of door surround to the body cage. The outer edges of the wheelchair access doors shall be weather-stripped with a continuous strip to provide a water tight seal. A gas shock type mechanism for opening and closing the door shall be installed. These gas shocks shall be capable of holding the door in the fully open position when the lift is in use. The wheelchair lift shall be installed using the instructions and hardware provided by the lift manufacturer. 2.43.3 The lift shall have a self-cleaning, see through, non-skid platform (minimum 33" wide) which shall fold and unfold. The lift shall have provision for manual operation in the event of a power failure. Lift shall be a RICON 82010, RICON KlearView Model K5010, Braun Model N919, Braun Vista V919, or Maxon WL7- 33 (R) or (L), with the purchaser given the option of selecting which one. The useable platform space must be fully maintained in operation from ground surface to provide a minimum 5 inch barrier to prevent the wheelchair from rolling off the lift during operation. If the hinged barrier is automatically activated, it must be designed to allow for manual operation. A barrier at least 4 inches high shall also be provided on each side of the platform to prevent wheelchairs from rolling over the side edges. 2.43.4 The lift components, including the platform, shall be easily disassembled to facilitate repairs and replacement of parts. FVPP-05-CA-4 - 87 APRIL 2005 Florida Department of Transportation Public Transit Office Part 2 2.43.5 An audible warning signal shall be activated in the vehicle in the event that the lift doors are opened and the interlock is not engaged. 2.43.6 The lift shall be capable of being used from curb level or ground level. The design load of the lift shall be 600 pounds or greater. The lift platform shall be capable of being raised or lowered with a load in no more that 24 seconds. All power units, operating joints, linkages and mounting points to the body shall be certified by the manufacturer as being adequate for the loading. The operation of the unit shall provide a smooth, jerk-free ride in both up and down directions. 2.43.7 Lift power unit will be provided with a master cut-off switch. Power unit shall be 12-volt electro/hydrau Iically operated and shall be read ily accessible for servicing. In the event of a power failure, the lift platform must be able to be manually raised and lowered with and without passengers. 2.43.8 The system control valve shall be solenoid controlled and shall be externally mounted for easy maintenance. 2.43.9 A secure collapsible guard rail shall be provided on both sides of the lift platform. The rail shall be at approximate arm level for use by wheel chair patrons yet tall enough to be easily grasped by a person standing on the platform. The rail must stow completely within the lift platform and not interfere with the interior space and must be permanently attached to the lift platform. Precautions must be taken to prevent movement and raWing of both the lift and guard rail while in the stowed position. 2.43.10 Gravity down shall also be controlled by a manual hand valve in the event of electric power loss. All sliding surfaces and load bearing pivot points must be free of exposed grease and constructed with replaceable bearings. 2.43.11 The platform shall fold into the door area for storing while not in use. Lift in stored shall be adequately restrained in the stored position to prevent the lift from coming adrift while the vehicle is in motion. The side and top frame of the lift intruding into the body shall be properly padded to protect passengers from bodily injury. 2.43.12 The lift controls shaH be completely weather proof and labeled as to function. This cord shall be encased in flexible metal casing protecting it from being caught in the door or in other moving parts. A hang-up box or hook shall be provided on the inside of the lift door in a manner that will prevent accidental or unauthorized use. Each control switch for deploying, lowering, raising and stowing the lift and lowering the roll-off barrier shall be of a momentary contact type requiring continuous manual pressure by the operator. FVPP.05-CA-4 - 88 ~ APRIL 2005 Florida Department of Transportation Public Transit Office Part 2 2.43.13 A strip of 3 inch reflective tape shall be added to the outer edge of the lift platform side barrier and shall run the full length of the side barriers. 2.43.14 All lift manufacturers or installers shall legibly and permanently mark each wheelchair lift assembly with the following minimum information: 1. The manufacturers name and address, 2. The month and year of manufacture. 3. A certificate that the wheelchair lift and installation conforms to State of Florida requirements applicable to accessible vehicles. 4. The vehicle manufacturer shall affix a label to each wheelchair lift installed verifying that the manufacturer has physically checked each lift and each lift meets the technical specifications described in 49 CFR PART 38 Accessibility Specifications for Transportation Vehicles, Section 38.23 Mobility Aid Accessibility. 5. Any subcomponent installed such as but not limited to wheelchair lifts, restraint systems, event data recorders, alternators and any other subcomponent installed by the bus manufacturer shall be installed per the subcomponent manufacturer's instructions. Manufacturer must certify that said components have been installed per the instructions provided and a copy of all installation instructions shall be provided to the FVPP; with changes and/or updates to installation instructions being immediately forwarded to the FVPP. 2.44.0 SECUREMENT DEVICES 2.44.1 Securement devices, their design, installation and operation shall comply with The Americans With Disabilities Act (ADA), Regulations and Requirements as Amended (Title 49 Code of Federal Regulations, Part 38, and Subpart B. Section 38.23) and 30MPH/20G Impact Test Criteria Per SAE J2249. General guidance for securement devices is provided below. Omission in this specification does not refieve the bidder from compliance requirements of the ADA and SAE J2249. 2.44,2 In vehicles with securement device or system the wheelchair or mobility aid shall face toward the front of the vehicle. 2,44.3 Retractors shall be heavy duty with heat treated components and a meta! or impact resistant plastic housing. Retractors will be the Q'Straint QRTMAX, SURE-LOK Model FF600AL, or approved equal. 2.44.4 The retractor shall be complete with four retractor straps for securing the wheelchair or mobility aid and two retractors for the occupant restraint system. 2.44.5 The wheelchair mobility aid retractors shall be equipped with manual tension knobs for manual tightening and/or release. FVPP-05~CA-4 - 89 APRIL 2005 Florida Department of Transportation Public Transit Office Part 2 2.44,6 The wheelchair or mobility aid retractors shall be equipped with 'is" or "J" hooks to simplify operation. 2,44,7 The wheelchair or mobility aid retractors shall be capable of being mounted directly to the vehicle structure using a retractor mounting kit. Q'Straint retractors will use the Slide N' Click system. SURE~LOK retractors will use Solo attachment system. 2.44.8 The occupant restraint system shall be equipped with a height adjuster for the shoulder belt, having a vertical adjustment of approximately 12 inches. 2.44,9 The tie-down system shall be able to secure a standard wheelchair or mobility aid in less than 10 seconds. A set of "quick straps" are to be provided at each station. 2.44.10 The retractor securement system shall meet the following requirements: 1. 30MPH/20G impact test criteria per SAE J2249, and 2. 49 CFR Part 38 Americans with Disabilities Act (ADA). 2.44.11 The occupant restraint system shall meet the following requirements when used in conjunction with the retractor system: 1. Federal Motor Vehicle Safety Standards (FMVSS209 & FMVSS302) 2. 49 CFR Part 38 Americans with disabilities Act (ADA), and 3. 30MPH/20G impact test criteria SAE J2249. 2.44.12 Storage containers for restraint system belts and instructions for use of restraint system shall be included and mounted in safe and convenient location. Vehicle manufacturer shall install all restraint hardware provided (including under floor backer plates) by the sub-component supplier and according to the instructions provided by the sub-component supplier. 2.45.0 SAFETY EQUIPMENT 2,45.1 The manufacturer shall equip each vehicle with the following: 1. First aid kit, (see Exhibit 2). Mounted in an accessible location. 2. Fire extinguisher, 5 pound rechargeable ABC type, Mounted in an acceSSIble location near the driver's position. 3. Warning triangles, reflective type, three (3) units. Secured in a readily accessible location. 4. Two (2) seat belt cutters including mounting clips and attaching hardware shall be provided with each vehicle (shipped not installed) FVPP-05-CA-4 - 90 APRIL 2005 Florida Department of Transportation Public Transit Office Part 2 5. Bio-hazard kit Mounted in an accessible location. 2.45.2.1 An event data recorder (EDR), Circuitlink International "Tacholink", (or approved equal) will be mounted on vehicle. 2.45.2.2 The EDR will provide a continuous log of vehicle activity. Speed history, odometer, excessive RPM, heavy braking, Fast acceleration, idling exceptions will automatically recorded by exception. 2.45.2.3 A three axis accelerometer shall be provided to provide a log of excessive movement in any direction. In the event of an accident, all data shall be permanently captured in "tamperproof' flash memory (4MB minimum) for a minimum of (30) seconds prior to the incident and (15) seconds after the incident at a minimum interval of 25 milliseconds. 2.45.2.4 The EDR will provide an automatic trigger function with different user definable thresholds for moving and stationary conditions. 2.45.2.5 A manual driver alert button will be provided to allow driver "tagging'; of either an accident or vehicle fault condition shall be located behind upper bulkhead and must be accessible through a latching door. . 2.45.2.6 Additional digital input channels will be provided to allow for status monitoring of a maximum of eight (8) vehicle sub-systems. Standard systems that will be monitored shall be: brakes, lights, signals, flashers, driver's seat belt, wheelchair lift, engine temperature and front door. Each agency may substitute any of the standard systems detailed above with any of the following optional systems: oil pressure, low air pressure, low voltage, or emergency exit door. The limit of the total systems to be monitored is eight (8). 2.45.2.7 Any data provided by the EDR must be admissible in court. 2.45.2.8 All software for user configuration, data logging, and downloading and report generation will be included. All software will be Windows-based. Trip data will be stored in Microsoft Access database. All data will be the property of Florida DOT and will be immediately available to Florida DOT. 2.45.2.9 There will be no additional charges, for hardware and/or software services or annual fees will be incurred by Florida DOT or any operator. FVPP.05-CA-4 . 91 APRIL 2005 Florida Department of Transportation Public Transit Office Part 2 ADDITION INFORMATION ON SECTIONS 2.45.2.1 THRU 2.45.2.9 - EVENT DATA RECORDER The Tachoiink Event Data Recorder has been factory installed on the bus as a tool to assist the Florida Department of Transportation in reconstructing and analyzing unusual "events" while the bus is in operation. These events might include traffic accidents, vehicle dynamic conditions, sub-system activity, bus performance, etc. The Tacholink may be used as a passive device where all data is accumulated for long periods of time and only accessed in the event of an unusual occurrence. However, the Tacholink may also be used as an active Fleet Management tool should a Transit Authority choose to do so. As a consequence of its design, the Tacholink is continuously recording a large amount of data about how the bus is being operated. Driver performance, driving habits, actions and reactions are all stored in permanent memory for recall at any time. There are a number of Fleet Management tools available for use with the Tacholink. They are detailed below. It should be noted that if a Transit Authority chooses to take advantage of these tools. some involvement of the Transit Authority's Information Technology Department would be advisable. The following are the Fleet Management tools that are available: Driver Interface The Driver Interface is a "Smart Tag" button, worn on a key ring that allows an operator to "log in" to the bus. The onboard Tacholink monitors and records all bus and operator activity for each individual driver and trip. When completing a work shift, the driver "logs ouf. At that time all information, including hours of service, is downloaded to the operators individual "Smart Tag". A total of 250 sessions may be stored on the tag. This option requires one (1) Smart Tag button for each driver. At any desired frequency, the Transit Management may chose to "download" this accumulated data from each tag for analysis and/or review with the operator. One (1) Smart Tag reader would be required per depot. Historic Bus Location & Mapping (GPS Receiver) The Historic GPS Receiver allows the Tacholink to continuously record vehicle time and location (latitude and longitude) at whatever frequency a Transit Operator may choose. This data may be downloaded at any time for review and analysis. Detailed map overlays, for both Florida statewide and appropriate regional areas are provided. Typical items analyzed may be route activity, schedule compliance, call response times, vehicle location< idling and/or inactivity time and location, etc. FVPP-OS-CA4 - 92 APRIL 2005 Florida Deportment of Transportation Public Transit Office Part 2 Data Download Interfaces A variety of options are available for downloading data from the Tacholink. If the unit is not being used as a Fleet Management tool, all data can be conveniently downloaded to a standard laptop computer. If the Tacholink is being used for Fleet Management purposes, other more convenient tools are availab!e. The Digital Smart Module (DSM) is a permanent memory device that allows an unskilled worker to easily download data from multiple vehicles for transfer to any standard Windows computer for review and analysis. Should Transit Management choose to fully automate the data downloading each time a bus returns to the depot, a Radio Frequency (RF) modem system can be installed. The RF system automatically polls each bus equipped with an RF sending unit and transfers the data to a standard Windows computer. Specific data elements to be downloaded are user- selectable. NOTE: None of the above shall be mounted on a door or any location that will restrict the driver's or passenger's seating or movement. FVPP-05-CA-4 . 93 - APRIL 2005 Florida Department of Transportation Public Transit Office Part 2 EXHIBIT 1 INSTRUMENTS ! L1GHT(S) DISPLA Y 'GAUGE AUDIBLE VOLTMETER X i X : I HIGH ENGINE WATER TEMP X X X LOW ENGINE OIL PRESSURE I X X I FUEL GAUGE X i GENERATOR/AL TERNATOR NOT CHARGING X X X EMERGENCY DOOR UNLOCKED X X (IF APPLICABLE) I DIRECTIONAL SIGNALS I X I HEADLIGHT HIGH BEAM X I ===1 PARKING BRAKE ON I X SPEEDOMETER WITH ODOMETER X ~ LOW ENGINE COOLANT LEVEL X X NOTE: The instrument package above shall be provided by the chassis manufacturer. After market substitutes will not be accepted. At this time the package must be requested on gasoline chassis as an option. FVPP-05-CA-4 . 94 - APR!L 2005 Florida Department of Transportation Public Transit Office Part 2 EXHIBIT 2 CONTENTS FOR MEDICAL FIRST AID KIT Type of Unit Quantitv "'''ZEE'' Number Antiseptic swabs 1 O-swabs 11 box #2633 Insect Sting relief 10-swabs / 1 box #2632 Providone Iodine swabs 10-swabs I 1 box #2641 Ammonia inhalants 1 O-swabs 11 box #2601 Foille Ointment 6 tubes 11 box #2610 Wire splint 3.75" x 30" #2631 Hydrocortisone cream 25 packets I 1 box #1817 Eye dressing 4 I unit, 2 boxes #2618 (2) Bandage compress 4" x 4",6 boxes #2615 (6) 16-1 "x3", 2 boxes #2607 (2) Adhesive ace bandage Scissors, emergency 1 pair #6566 Tweezers 1 set #3531 Gauze, roll 6 ply, 4.5"x 147" 12pkg. #6715 (2) Adhesive tape, roll 2" x 5 yardsl 3 cut spool #0305 Safe Airway Mask (SAM) 1 I box #3076 Gloves, latex 2 pair #3044 "'NOTE: ZEE Medical Numbers are only provided for reference. An approved equivalent will be considered. FVPP-05-CA-4 - 95 - APRIL 2005 PART 3 OPTIONS Contract #FVPP-05-CA-4 Cutaway Type Vehicles CC4500 Chassis Florida Department of Transportation Public Transit Office Part 3 CONTRACT #FVPP-05-CA-4 OPTIONS 3.1.0 AMERICAN SEATING (without 3-point tie down) 3.1.1 Standard seat (includes retractable seal belt assembly attached to the seat frame) 3.1.2 Foldaway seat (includes retractable seal belt assembly attached to the seat frame) 3.1.3 Children seat (includes retractable seal belt assembly attached to the seat frame) 3.1.4 3.2.0 HELP BUMPER-REAR 3.2.1 Rear energy absorbing HELP bumper by Romeo Rim assembled rear HELP bumper with HawKEye Reverse Assistance System (Romeo Rim HELP Guard) in place of standard rear HELP bumper. Or approved equal. 3.3.0 AL TRO-FLOORING 3.3.1 Altro Transflor slip resistant sheet vinyl flooring, or equivalent 3.4.0 ENGINE 3.5.0 The 8100 VORTEC Chevrolet 325 HP gasoline engine in place of the 6.6 DuraMax Chevrolet 300 HP diesel engine in the Chev/GMC chassis. 3.6.0 ALUMINUM WHEELS 3.6.1 Aluminum wheels in place of steel wheels. 3.7.0 DRIVER'S SEAT 3.7.1 Freedman CL 67 air suspension driver's seat with right hand arm rest in place of standard driver's seat 3.7.2 Freedman Sport Driver's seat with Relaxor, four zone eight motor system with lumber heat in place of standard driver's seat. 3.8.0 PUBLIC ADDRESS SYSTEM 3.8.1 Radio Engineering Industries (REI) driver controHed public address. FVPP-05~CA4 97 APRIL 2005 Florida Department of Transportation Public Transit Office Part 3 3.9.0 SEAT BELT EXTENSIONS 3.9.1 Extends standard seat belt Two seat belt extensions offered as standard. Extra seat belt extensions are available. 3.10.0 AM/FM RADiO 3.9.1 Installation of an AM/FM Radio with speakers is offered as standard no-cost item. 3.11.0 DOORS 3.10.1 The front service door shall be mechanically opened and closed by means of a driver actuated manually operated, door control. The door opening device shall be a manual over-center type with self locking adjustable length door control mechanism which can be easily operated by the driver from the driver's seat (e.g. school-bus type actuator handle). The door opening device stand shall be constructed of 1 x 2 inch (minimum) tubing with all tube bent corners, no 45 degree sharp welded ends mounted around engine cover and must not interfere with driver leg space. Stand may not be braced over the engine housing so as to interfere with removal of the cover. Stand shall not protrude past leading face of the engine cover, into the step well area. 3.12.0 RETARDER 3.12.1 The vehicle shall be equipped with a self air cooled, electro-magnetic, drive-line Telma retarder properly sized to meet vehicle specifications. Retarder shall be automatically and progressively activated upon depression of brake pedal. The retarder is to have 4 dash mounted lights which indicate stages and percentage of retarder engagement. A speed switch shall be provided to automatically discourage the retarder when the vehicle comes to a stop. Retarder shall have an ASS interface. Design and installation shall be in accordance with industry standards as they pertain to drive-line design. Upon request there shall be a copy of engineering computations and drive-line conformity made available, 3.12.2 The installation of Telma retarders is no longer a dealer installed option. Any Telma retarder system must be installed by the manufacturer and be included in the as built wiring schematics. 3.13.0 ADA DEVICES 3.13.1 Rican whee! chair lift (per Part 2) 3.13.2 Braun wheel chair lift (per Part 2) 3.13.3 Maxon wheel chair lift. (per Part 2) FVPP~05~CA-4 "98 " APRIL 2005 Florida Department of Transportation Public Transit Office Part 3 3.14.0 STAINLESS STEEL WHEEL INSERTS 3.14.1 Bus shall be equipped with stainless steel wheel liners/inserts both front and rear. 3.14.2 Wheellinerslinserts shall be Versa-Liner or equivalent. 3.14.3 Wheel liners/inserts shall be made of 304L stainless with permanently attached simulated lug nuts. 3.14.4 Wheel liners/inserts shall be one-piece design and must be designed to be attached without interfering with the lug nut to wheel surfaces. 3.15.0 WHEELCHAIR OR MOBILITY AID RETRACTOR SYSTEMS 3.15.1 Q'Straint QRTMAX 3.15.2 SURE-LOK Model #FF600AL FVPpw05~CA-4 - 99 - APRIL 2005 PART 4 QUALITY ASSURANCE Contract #FVPP-05-CA-4 Cutaway Type Vehicles CC4500 Chassis Florida Department of Transportation Public Transit Office Part 4 CONTRACT #FVPP-05-CA-4 QUALITY ASSURANCE 4.1.0 CONTRACTORS IN-PLANT QUALITY ASSURANCE REQUIREMENTS 4.1.1 QUALITY ASSURANCE ORGANIZATION Manufacturer shall establish and maintain an effective in-plant quality assurance organization. It shall be a specifically defined organization and should be directly responsible to Manufacturer's top management 4.1.2 CONTROL The quality assurance organization shall exercise quality control over all phases of production from initiation of design through manufacture and preparation for delivery. The organization shall also control the quality of supply articles. 4.1.3 AUTHORITY AND RESPONS!BILlTY The quality assurance organization shall have the authority and responsibility for reliability, quality control, inspection planning, establishment of the quality control system, and the acceptance/rejection of materials and manufactured articles in the production of the vehicles. 4.2.0 QUALITY ASSURANCE ORGANIZATION FUNCTIONS The quality assurance organization shall include the following minimum functions. 4.2.1 WORK INSTRUCTIONS The quality assurance organization shall verify inspection operation instructions to ascertain that the manufactured product meets all prescribed requirements. 4.2.2 RECORDS MAINTENANCE The quality assurance organization shall maintain and use records and data essential to the effective operation of its program. These records and data shall be available for review by the resident inspectors. Inspection and test records for this procurement shall be available for a minimum of one (1) year following the comp!etion of the inspections and tests. 4.2.3 CORRECTIVE ACTION The quality assurance organization shall detect and promptly assure correction of any conditions that may result in the production of defective vehicles. These conditions may occur in design, purchases, manufacture, tests or operations that culminate in defective supplies, services, facilities, technical data, or standards. FVPP.05.CA.4 ~ 101 APRiL 2005 Florida Department of Transportation Public Transit Office Part 4 4.3.0 STANDARDS AND FACILITIES The following standards and facilities shall be basic in the quality assurance process. 4.3.1 CONFIGURATION CONTROL Manufacturer shaH maintain drawings and other documentation that completely describe a qualified vehicle that meets all of the options and special requirements of this procurement The quality assurance organization shall verify that each transit vehicle is manufactured in accordance with these controlled drawings and documentation. 4.3.2 MEASURING AND TESTING FACILITIES Manufacturer shall provide and maintain the necessary gauges and other measuring and testing devices for use by the quality assurance organization to verify that the vehicles conform to all specification requirements. These devices shall be calibrated at established periods against certified measurement standards that have knO\Nn valid relationships to national standards. 4.3.3 PRODUCTION TOOLING AS MEDIA OF INSPECTION When production jigs, fixtures, tooling masters, templates, patterns, and other devices are used as media of inspection, they shall be proved for accuracy at formally established intervals and adjusting, replaced, or repaired as required to maintain quality. 4.3.4 EQUIPMENT USE BY FVPP LINE INSPECTORS Manufacturer's gauges and other measuring and testing devices shall be made available for use by the resident inspectors to verify the vehicles conform to all specification requirements. If necessary, Manufacturer's personnel shall be made available to operate the devices and to verify their condition and accuracy. 4.4.0 CONTROL OF PURCHASES Manufacturer shall maintain quality control of purchases. 4.4.1 SUPPLIER CONTROL Manufacturer shall require that each supplier maintains a quality control program for the services and supplies that it provides. Manufacturer's quality assurance organization shall inspect and test materials provided by suppliers for conformance to specification requirements. Materials that have been inspected, tested, and approved shall be identified as acceptable to the point of use in the manufacturing or assembly processes. Controls shall be established to prevent Inadvertent use of nonconforming materials. FVPP~05~CA~4 . 102 APRIL 2005 Florida Department of Transportation Public Transit Office Part 4 4.4"2 PURCHASING DATA Manufacturer shall verify that all applicable specification requirements are properly included or referenced in purchase orders of articles to be used on vehicles. 4.5.0 MANUFACTURING CONTROL Manufacturer shall ensure that all basic production operations, as well as other processing and fabricating, are performed under controlled conditions. Establishment of these controlled conditions shall be based on the documented work instructions, adequate production equipment, and special work environments if necessary. 4.5.1 COMPLETED ITEMS A system for final inspection and test of completed vehicles shall be provided by the quality assurance organization. It shall measure the overall quality of each completed vehicle. 4.5.2 NONCONFORMING MATERIALS The quality assurance organization shall monitor Manufacturer's system for controlling nonconforming materials. The system shall include procedures for identification, segregation, and disposition. 4.5.3 STATISTICAL TECHNIQUES Statistical analysis, tests, and other quality control procedures may be used when appropriate in the quality assurance processes. 4.5.4 INSPECTION STATUS A system shall be maintained by the quality assurance organization for identifying the inspection status of components and completed vehicles. Identification may include cards, tags, or other normal quality control devices. 4.6.0 INSPECTION SYSTEM The quality assurance organization shall establish, maintain, and periodically audit a fully-documented inspection system. The system shall prescribe inspection and test of materials, work in progress, and completed articles. As a minimum, it shall include the following controls. 4Jt 1 INSPECTION STATIONS Inspection stations shall be at the best locations to provide for the work content and characteristics to be inspectedo Stations shall provide the facilities and equipment to inspect structural, electrical, hydraulic, and other components and assemblies for compliance with the design requirements. FVPP~05,CA~4 ~ 103 APRIL 2005 Florida Department of Transportation Public Transit Office Part 4 Stations shall also be at the best locations to inspect or test characteristics before they are concealed by subsequent fabrication or assembly operations. These locations shall minimally include, as practicable, under- body structure completion, body framing completion, body prior to paint preparation, water test before interior trim and insulation installation, engine installation completion, under-body dress-up and completion, vehicle prior to final paint touch-up, vehicle prior to road test, and vehicle final road completion. 4.6.2 INSPECTION PERSONNEL Sufficiently trained inspectors shall be used to ensure that all materials, components, and assemblies are inspected for conformance with the qualified vehicle design. 4.6.3 INSPECTION RECORDS Acceptance, rework, or rejection identification shall be attached to inspected articles. Articles that have been accepted as a result of approved materials review actions shall be identified. Articles that have been reworked to specified drawing configurations shall not require special identification. Articles rejected as unsuitable or scrap shall be plainly marked and controlled to prevent installation on the vehicle. Articles that become obsolete as a result of engineering changes or other actions shall be controlled to prevent unauthorized assembly or installation. Unusable articles shall be isolated and then scrapped. Discrepancies noted by Manufacturer during assembly shall be entered on a record that accompanies the major component, subassembly, assembly, or vehicle from start of assembly through final inspection. Actions shall be taken to correct discrepancies or deficiencies in the manufacturing processes, procedures, or other conditions that cause articles to be in nonconformity with the requirements of the contract specifications. The inspection personnel shall verify the collective actions and mark the discrepancy record. If discrepancies cannot be corrected by replacing the nonconforming materials, the procuring agency shall approve the modification, repair, or method of correction to the extent that the contract specifications are affected. 4.6.4 QUALITY ASSURANCE AUDITS The quality assurance organization shall establish and maintain a quality control audit program. Records of this program shall be subject to review by the FVPP. FVPP-05-CA-4 - 104 APRIL 2005 Florida Department of Transportation Public Transit Office Part 4 4.7.0 ACCEPTANCE TESTS 4.7.1 RESPONSIBILITY Fully documented tests shall be conducted on each production vehicle following manufacture to determine its acceptance to the FVPP. These acceptance tests shall include pre-delivery inspections and testing by Manufacturer, and inspections and testing by the FVPP prior to and after the vehicles have been delivered. 4.7.2 PRE-DELIVERY TESTS Manufacturer shall conduct acceptance tests at its plant on each vehicle following completion of manufacture and before delivery to the FVPP. The pre-delivery tests shall include visual and measured inspections, as well as testing the total vehicle operation. The tests shall be conducted and documented in accordance with written test plans. Additional tests may be conducted at Manufacturer's discretion to ensure that the completed vehicles have attained the desired quality and have met the requirements in Part 2: Technical Specifications. This additional testing shall be recorded on appropriate test forms provided by Manufacturer. The pre- delivery tests shall be scheduled and conducted with sufficient notice so that they may be witnessed by FVPP line inspectors, who may accept or reject the results of the tests. The results of pre-delivery test, and any other tests, shall be filed with the assembly inspection records for each vehicle. The under-floor equipment shall be made available for inspection by the resident inspectors, using a pit or vehicle hoist provided by Manufacturer. A hoist, scaffold, or elevated platform shall be provided by Manufacturer to easily and safely inspect vehicle roofs. The FVPP shall also conduct pre- delivery tests at the Springhill facility located in Tallahassee. It is Proposer's responsibility to ensure that the vehicle arrives at the Springhill facility prior to Proposer taking delivery of vehicle from Manufacturer. The results of this inspection wilt accompany the vehicle upon delivery to the purchaser. 4.7.3 INSPECTION-VISUAL AND MEASURED Visual and measured inspections shall be conducted with the vehicle in a static condition. The purpose of the inspection testing is to verify overall dimensional and weight requirements, to verify that the required components are included and are ready for operation, and to verify that components and subsystems that are designed to operate with the vehicle in the static condition do function as designed. 4]A TOTAL VEHICLE OPERATION Total vehicle operation shaH be evaluated during road tests. The purpose of the road tests is to observe and verify the operation of the vehicle as a system and to verify the functional operation of the subsystem that can be operated only while the vehicle is in motion. Each vehicle shall be driven FVPP-05-CA4 ~ 105 APRIL 2005 Florida Department of Transportation Public Transit Office Part 4 for a minimum of fifteen (15) miles during the road tests. Observed defects shall be recorded on the test forms. The vehicle shall be retested when defects are corrected and adjustments are made. This process shall continue until defects or required adjustments are no longer detected. Results shall be pass/fail for these vehicle operation tests. After the road test, the line inspector representing the FVPP reserves the right to have Manufacturer either raise the vehicle or drive the vehicle across a pit to allow the inspector to check the undercarriage. 4.8.0 POST-DELIVERY TESTS The FVPP may conduct acceptance tests on each delivered vehicle. These tests shall be completed within ten (10) working days after vehicle delivery. The purpose of these tests is to identify defects that have become apparent between the time of vehicle release and delivery to the purchaser. The post-delivery tests shall include visual inspection and vehicle operations. Vehicles that fail to pass the post-delivery tests are subject to non-acceptance. The FVPP shall record details of all defects notify Manufacturer of non-acceptance of each vehicle within five (5) working days after completion of these tests. The defects detected during these tests shall be repaired according to the procedures defined in Part 1: Solicitation, Offer and Award/Contractual Provisions. 4.8.1 VISUAL INSPECTION The post-delivery inspection is similar to the inspection at Manufacturer's plant and shall be conducted with the vehicle in a static condition. 4.8.2 VEHICLE OPERATION The road tests for total vehicle operation are similar to those conducted at Manufacturer's plant Operational deficiencies of each vehicle shall be identified and recorded. FVPP-05-CA-4 - 106 APRIL 2005 PART 5 WARRANTY \ Contract #FVPP-05-CA-4 Cutaway Type Vehicles CC4500 Chassis Florida Department of Transportation Public Transit Office Part 5 CONTRACT #FVPP-05-CA-4 WARRANTY PROVISIONS 5.0.0 BASIC PROVISIONS 5.1.0 WARRANTY REQUIREMENTS Warranties in this document are in addition to any statutory remedies or warranties imposed on Proposer. A description of the local dealer warranty process shall be included in proposal package including information on how warranty issues are tracked. This description shall also indicate the total dollar value of the dealer's parts inventory and the percentage of that inventory that is dedicated to the type vehicles being proposed. The proposal; package shall also have a description of the dealer's facilities and services provided at the facilities. Consistent with this requirement Proposer warrants and guarantees to the FVPP each complete vehicle, and specific subsystems and components as follows: 5.1.1 COMPLETE VEHICLE The vehicle is warranted and guaranteed to be free from defects for a minimum of twelve (12) months or twelve thousand (12,000) miles, whichever comes first, beginning on the date of acceptance of each vehicle. During this warranty period, the vehicle shall maintain its structural and functional integrity. The warranty is based on regular operation of the vehicle under the operating conditions prevailing in the purchaser's locale. 5.1.2 SUBSYSTEMS AND COMPONENTS Specific subsystems and components are warranted and guaranteed to be free from defects and related defects for the times and/or mileages given in Exhibit 5~ 1. Parts and labor to be covered in all warranties. FVPP-05-CA-4 - 108 APRIL 2005 Florida Department of Transportation Public Transit Office Part 5 Exhibit 5~1 Subsystem and Component Minimum Warranty (whichever occurs first) Item Years Mileage Chassis (as detailed below) - c 8100 Gas: 3 years /36,000 Miles max 660 Diesel: 5 years /100,000 Miles / (with $100 Oeductible after 36,000 Per OEM Vorte Dura Event) Allison 1000 Transmission: 3 Years / Unlimited Rear Axle: 2 Years I Unlimited Frame Rails and Cross Members: 5 Years I Unlimited Cab Corrosion-Perforation: 5 Years / Unlimited Emissions for Gas: 5 Years /50,000 Miles ~ Emissions for ~iesel: 5 Years /100,000 Miles I Chevrolet Roadside Assistance During Warranty Period: (800) 862-4389 I Manufacturers Warranty 12 Unlimited I Air Conditioning System 4 Unlimited I Alternator 3 36,000 Wheelchair Lift 4 Unlimited 5.2.0 VOIDING OF WARRANTY The warranty shall not apply to any part or component of the vehicle that has been subject to misuse negligence, accident, or that has been repaired or altered in any way so as to affect adversely its performance or reliability, except insofar as such repairs were in accordance with Proposer's maintenance manuals and the workmanship was in accordance with recognized standards of the industry. The warranty shall also be void if the purchaser fails to conduct normal inspections and scheduled preventive maintenance procedures as recommended in Proposer's maintenance manuals. 5.3.0 EXCEPTIONS TO WARRANTY The warranty shall not apply to scheduled maintenance items, and items such as tires and tubes, nor to items furnished by the purchaser such as radios, fare boxes, and other auxiliary equipment, except insofar as such equipment may be damaged by the failure of a part or component for which Proposer is responsible. FVPP-05~CA4 ~ 109 APRIL 2005 Florida Department of Transportation Public Transit Office Part 5 5.4.0 DETECTION OF DEFECTS If the purchaser detects a defect within the warranty periods defined in Section 5.1.1, it shall promptly notify Proposer's representative. Within five (5) working days after receipt of notification, Proposer's representative shall either agree that the defect is in fact covered by the "complete vehicle" warranty, or reserve judgment until the subsystem or component is inspected by Proposer's representative and/or is removed and examined at the purchaser's property or at Proposer's plant. At that time, the status of warranty coverage, either subsystem or vehicle, shall be mutually resolved between the purchaser and Proposer. If the defect belongs to a subsystem or component, then work necessary to affect the repairs defined in Section 5.1.2 shall commence within ten (10) working days after receipt of notification by Proposer. Otherwise, Section 5.1.1 applies and repairs will be started immediately. 5.5.0 SCOPE OF WARRANTY REPAIRS When warranty repairs are required, the purchaser and Proposer's representative shall agree within five (5) days after notification on the most appropriate course for the repairs and the exact scope of the repairs to be performed under the warranty. If no agreement is obtained within the five (5) day period, the purchaser reserves the right to commence the repairs in accordance with Section 5.7.1. 5.6.0 FLEET DEFECTS A fleet defect is defined as the failure of identical items covered by the warranty and occurring in the warranty period in a proportion of the vehicles delivered under this contract. For the purpose of this bid, identical defects occurring in sixty (60) percent of vehicles delivered shall be considered a "fleet defect." 5.6.1 SCOPE OF WARRANTY PROVISIONS Proposer shall correct a fleet defect under the warranty provisions defined in Section 5.4.0. After correcting the defect, Proposer shall promptly undertake and complete a work program reasonably designed to prevent the occurrence of the same defect in all other vehicles purchased under this contract. The work program shall include inspection and/or correction of the potential or defective parts in all of the vehicles. The warranty on items determined to be fleet defects shall be extended for the time and/or miles of the original warranty. This extended warranty shall begin on the date a fleet defect was determined to exist, or on the repair/replacement date for corrected items. 5~6,2 VOIDING OF WARRANTY PROVISIONS The fleet defect provisions shall not apply to vehicle defects caused by noncompliance with Proposer's recommended normal maintenance practices and procedures. FVPP~05~CA4 - 110 APRIL 2005 Florida Department of Transportation Public Transit Office Part 5 5.6.3 5.7.0 EXCEPTIONS TO WARRANTY PROVISIONS Fleet defect warranty provisions shall not apply to damage that is a result of normal wear and tear in service to such items as seats, floor covering, windows, interior trim, and paint. The provisions shall not apply to purchaser supplied items such as fare boxes, radios, and tires. 5.7.1 REPAIR PROCEDURES 5.7.2 5.8.0 REPAIR PERFORMANCE In some instances, the FVPP may require Proposer or its designated representative to perform warranty-covered repairs that are clearly beyond the scope of its capabilities. In these cases, this work will be done by the FVPP's personnel with reimbursement by Proposer. REPAIRS BY CONTRACTOR If the FVPP requires Proposer to perform warranty-covered repairs, Proposer's representative must begin within ten (10) working days after receiving notification of a defect from the purchaser, work necessary to effect repairs. The purchaser shall make the vehicle available to complete repairs timely with Proposer repair schedule. Proposer shall provide at its own expense all spare parts, tools, and space required to complete repairs. At the FVPP's option, Proposer may be required to remove the vehicle from the purchaser's property while repairs are being affected. If the vehicle is removed from the purchaser's property, repair procedures must be diligently pursued by Proposer's representative. 5.8.1 REPAIRS BY THE PURCHASER 5.8.2 PARTS USED If the purchaser performs the warranty-covered repairs, it shall correct or repair the defect and any related defects using contractor-specified spare parts available from its own stock or those supplied by Proposer specifically for this repair. Monthly, or at a period to be mutually agreed upon, reports of all repairs covered by this warranty shall be submitted by the purchaser to Proposer for reimbursement or replacement of parts. Proposer shall provide forms for these reports. CONTRACTOR SUPPLIED PARTS The FVPP may request that Proposer supply new parts for warranty-covered repairs being performed by the purchaser. These parts shall be shipped prepaid to the purchaser, from any source selected bv Proposer, the "next business day" from receint of the request for said parts FVPP.05-CA-4 . 111 APR!L 2005 Florida Department of Transportation Public Transit Office Part 5 5.8.3 DEFECTIVE COMPONENTS RETURN Proposer may request that parts covered by the warranty be returned to the manufacturing plant. The total cost for this action shall be paid by Proposer. Materials should be returned in accordance with contractor's instructions. 5.8.4 REIMBURSEMENT FOR LABOR The purchaser shall be reimbursed by Proposer for labor. The amount shaH be determined by multiplying the number of man-hours actually required to correct the defect by the purchaser's current per hour, master mechanic, straight wage rate, plus 32 percent fringe benefits, plus the cost of towing in the vehicle if such action was necessary and jf the vehicle was in the normal service area. These wage and fringe benefit rates shall not exceed the rates in effect in the purchaser's service garage at the time the defect correction is made. The purchaser shall not accept parts credit as payment of warranty labor claims. 5.8.5 REIMBURSEMENT FOR PARTS The purchaser shall be reimbursed by Proposer for defective parts and for parts that must be replaced to correct the defect. The reimbursement shall be at the invoice cost of the part(s) at the time of repair and shall include taxes where applicable and 2 percent handling charges. The purchaser shall not accept parts credit as payment of warranty part claims. 5.9.0 WARRANTY AFTER REPLACEMENT I REPAIRS If any component, unit, or subsystem is repaired, rebuilt, or replaced by Proposer or by the FVPP's personnel, with the concurrence of Proposer, the subsystem shall have the unexpired warranty period of the original subsystem. FVPP~05~CA-4 ~ 112 APRIL 2005 PART 6 PAINT SCHEMES Contract #FVPP-05-CA-4 Cutaway Type Vehicles CC4500 Chassis Florida Department of Transportation Public Transit Office Part 6 PAINT SCHEME #1 ~ ~ " '. ., -' '."" <'".".,'''.v,.,~~""'~~~-"u J ; i ..1.. , I I '1 ! , , I J ! 1 I w~ I f I , <'f 'i I J I i I i ! i i i } ..emu~J2::I UQ~ I L~ ~;.~? FVPP~05-CA4 ~ 114 ~ APRIL 2005 Florida Department of Transportation Public Transit Office Part 6 PAINT SCHEME #2 rrr 1lJ ; ~ , , 1JI H j I i f ! ~ .' ~', ,- ~~~'" , , oCl i I , I I '" 1 i l~f .j~ ~al J~ I i i ..1..... I ! '~.~i ~ ! I ml I ! ".1 I I I .^-~i ! , j 0;",) 1 ~ I ! mi , , <IQ ~ ,:::!PlQ t. ~~~~;<~~~~,~","",","~j_~p""N<<<"o..+"C+<'","~_~~~.MM-"_"~""~,,",",,,,w"'M'~<>-'. , "":.:QUC,:a:l! FVPP-05~CA-4 ~ 115 ~ APRIL 2005 Florida Department of Transportation Public Transit Office Part 6 PAINT SCHEME #3 I~ f-..!;1t -<~U~I:I:3~ U~_c... FVPP.05~CA-4 - 116 - APRIL 2005 . . . , , , - , BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: November 15. 2006 Division: Community Services Bulk Item: Yes ---X- No Department: Extensipn Services Staff Contact Person: Doug Gregory AGENDA ITEM WORDING: Approval of a Memorandum of Understanding between Monroe County and the University of Florida for the purpose of the terms under which the University of Florida and Monroe County will provide the local Extension office personnel and logistical support in providing educational, technical, and research information to Monroe County residents and businesses. ITEM BACKGROUND: See attached memo. PREVIOUS RELEVANT BOCC ACTION: Existing contractual agreement between the BOCC and the UF was executed in 1980. CONTRACT/AGREEMENT CHANGES: STAFF RECOMMENDATIONS: Approval. TOTAL COST: $ BUDGETED: Yes....K- No COST TO COUNTY: $122.067.36 SOURCE OF FUNDS: REVENUE PRODUCING: Yes No .lL AMOUNT PER MONTH Year APPROVED BY: County Atty. _ OMBlPurchasing _ Risk Mgmt. _ DOCUMENTATION: Included X Not Required~ DISPOSITION: AGENDA ITEM # TO: Board of County Commissioners FROM: Dou~~services SUBJECT: Agenda Item regarding Memorandum of Understanding DATE: October 31, 2006 The purpose of this Agreement is to seek approval of the terms under which the Univ~rsity of Florida and Monroe County will provide the local Extension office personnel and logistical support in providing educational, technical, and research information to Monroe County residents and businesses. The Florida Extension Service was established as an integral part of the Institute of Food and Agricultural Sciences (IF AS), University of Florida (UF), for the public purpose of "extending" research-based educational information from the UF to the people of the State of Florida on subjects relating to agriculture, aquaculture, family and consumer sciences, 4-H youth development, environmental horticulture, and natural resources. To assure that educational programS meet the needs of local clientele, and comply with Title xtVITI, Chapter 1004, Section 1004.37 of the Florida Statutes, it is essential that the UF and the Monroe County BOCC identify respective responsibilities. The existing partnership in providing Extension education to Monroe County has been ongoing since 1972. MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY MEMORANDUM OF UNDERSTANDING Contract with: University of Florida Effective Date: October 1. 2006 Expiration Date: September 30. 2011 Contract Purpose/Description: The Monroe County Extension Service was established as an integral part of the Institute of Food and Agricultural Sciences (IF AS), University of Florida (UF), for the public purpose of "extending" research-based educational information from the UF to the people of the State of Florida on subjects relating to agriculture, aquaculture, family and consumer sciences, 4-H youth development, environmental horticulture, and natural resources. The Monroe Courtty Extension Service makes the findings of research in these areas available through the UF / IF AS Extension Service, in partnership with the Florida Counties Boards of County Commissioners. To assure that educational programs meet the needs of local clientele, and comply with Title XL VIII, Chapter 1004, Section 1004.37 of the Florida Statutes, it is essential that the UF and the Monroe County Board of County Commissioners identify respective responsibilities. The purpose of this Agreement is to specify the terms under which the UP and MC will provide personnel, educational, technical, and research information to Monroe County. Contract Manager: Doug Gregory (N ame) 4501 (Ext.) Extension Services / Stop #1 (Department I Stop #) for DOCC meeting on 11/15106 Agenda Deadline: 10/31/06 CONTRACT COSTS Total Donar Value of Contract: $ Budgeted? YesLNo_ Grant: $ N/A County Match: $ N/A Current Year Portion: $ 122.067.36 Account Codes: 001-61000-530-340 ADDITIONAL COSTS Estimated Ongoing Costs: $ N/A (Not included in dollar value above) For: N/A (e.g. maintenance, utilities, janitorial, salaries, etc.) County Attorney Comments: 'j'")\ <::' Date In CONTRACT REVIEW Changes Needed Yes No Date Out Division Director ~/1L/O? () () fo (jJ..J.!J!p () (v{ l~JlO./ ...oJ, () () ILI5J /)(P /rJ / 3// Ci {~ Risk Management ~, 1\\\ >>_1" O~B/Purch~m~ . (fL0.U OD 10 ib Ill, --- EXTENSION SERVICE MEMORANDUM OF UNDERSTANDING THIS AGREEMENT entered into on October 1,2006 between MONROE COUNTY , a political subdivision of the State of Florida and the UNIVERSITY OF FLORIDA, Board of Trustees. WITNESSETH WHEREAS, under the laws of the State of Florida (Title XLVIII, Chapter 1004, Section 1004.37) and the Smith-Lever Act of May 8,1914 (Chapter 38 Statute 372), the University of Florida is charged with the dissemination of information on agriculture, family life, horticulture, natural resources and youth development through its Cooperative Extension Service to the public in the State of Florida; and WHEREAS, this function is perfoffi1ed through the Extension Service-United States Department of Agriculture and a State staff of Extension Specialists and resident Extension workers in the State; and WHEREAS, the University of Florida, Institute of Food and Agricultural Sciences, Cooperative Extension Service is responsible for planning and implementing educational programs for businesses, families, homeowners, and young people within Monroe County. WHEREAS, said programs will be developed in Monroe County by County Extension Faculty employed by the University of Florida working directly with local advisory committees to assure the programs are effective and beneficial to Monroe County; and WHEREAS, the County Extension Faculty will utilize appropriate Extension personnel from the University of Florida and educational methods including the program development process, area subj ect matter information and other materials or methods as deemed necessary by County Extension Faculty in various program areas to conduct the aforesaid education programs. NOW, THEREFORE, in consideration of the mutual covenants and provisions contained herein, the parties hereto agree as follows: ARTICLE I PURPOSE The purpose of this Memorandum of Understanding (hereinafter referred to as "AGREEMENT") is to establish, articulate and enhance the collaborative relationship between the University of Florida, through the Institute of Food and Agricultural Sciences, Extension Service (hereinafter referred to as "UNIVERSITY") and the Board of County Commissioners (hereinafter referred to as "COUNTY"). The purpose of this AGREEMENT is to specify the terms under which the UNIVERSITY will provide personnel, educational, technical, and research information to the COUNTY. This AGREEMENT states the desire of the UNIVERSITY arid COUNTY to work cooperatively to enhance the well being of the citizens of Monroe County, each carrying out their agreed upon responsibilities. The Extension Service's mission is to focus on contemporary issues and the needs of the people. It employs an interactive educational process involving the people in issue identification, priority setting, program delivery and impact assessment. The UNIVERSITY and COUNTY will work together at all times to mutually assist the other to benefit Monroe County residents. The Florida Exten&ion Service was established as an integral part of the Institute of Food and Agricultural Sciences (IF AS), University of Florida, for the public purpose of "extending" research-based educational information from the University to the people of the State of Florida on subj ects relating to agriculture, aquaculture, family and consumer sciences, 4-H youth development, environmental horticulture, natural resources, Sea Grant, energy and other programs as deemed necessary. The Florida Page 1 of 1 0 Extension Service makes the findings of research in these areas available to. the people of Florida through the University of Florida, IF AS, Extension Service, in palinership with the Florida Counties Boards of County Commissioners. This collaborative arrangement between State Extension Services and County Govenm1cnts exist throughout the United States. However, thc dctails of the actual agreements are unique to each county to assure that local needs are properly addressed. Each Memorandum of Understanding is a resource that explains these details for both elected and appointed officials of the State Extension Service and the respective Board of County Commissioners. To assure that educational programs meet the needs of local clientele, and comply with Title XLVIII, Chapter 1004, Section 1004.37 of the Florida Statutes, it is essential that thc UNIVERSITY and COUNTY identify respective responsibilities. ARTICLE II GOALS AND OBJECTIVES 1. Implement and evaluate public education plans that target businesses, homeowners, residents, youth, commercial industry associations, pest control applicators, agency personnel and community groups. 2. Increase knowledge of audiences so they will be empowered to solve problems and implement practices based on the best scientific information available. ARTICLE III TERMINATION OR ADJUSTMENT OF POSITION AND SERVICES This AGREEMENT may be terminated at will by either party giving one year written notice. ARTICLE IV RESPONSIBILITIES 1. Responsibilities of UNIVERSITY. A With respect to County Extension Faculty (County Extension Faculty with joint state-county, state or county courtesy appointments, hereinafter referred to as "Extension Faculty", UNIVERSITY shall: 1. Establish minimum employment requirements and qualifications for Extension Faculty. 2. Recruit, interview and screen candidates for employment as Extension Faculty. 3. Recommend to the COUNTY qualified applicants for appointment to vacant or new Extension Faculty positions in accordance with the provisions of Title XLVIII, Chapter 1004, Section 1004.37, Florida Statutes. 4. Jointly with the COUNTY, establish the total amount of the starting base salaries of Extension Faculty and the respective proportionate share of salaries and fringe benefits. Typically the UNIVERSITY pays 60 percent and the COUNTY pays 40 percent of the salary of each County Extension Faculty with ajoint state-county appointment. 5. Pay UNIVERSITY's proportionate share of the salaries and fringe benefits of Extension Faculty with joint or state appointments as specifically set out in Article V and Exhibit A 6. The UNIVERSITY will determine the total dollar amount of cost of living, merit, and rank: promotion salary increases and submit the figure to the COUNTY annually through Exhibit A as per Article V. B. With respect to management and administration, Extension shall: 1. Through the County Extension Director, prepare and submit an annual budget request to the Board of County Commissioners for the County's share of funds for salaries, operating expenses, equipment, and other program support for Extension work in the county. Page20fl0 2. Provide in-service training for Extension Faculty and to provide funds for official travel to such training and other Extension out-of-county program development meetings. 3. Provide a staff of state Extension Specialists to train Extension Faculty in cun-ent technology and to assist Extension Faculty in the conduct of educational programs in these areas. 4, Provide Extension Faculty with official Extension stationery, envelopes, educational materials, including access to the IF AS computer network and software, and postage to the extent the Extension budget will allow. 5. Develop and administer a personnel management plan for County Extension Faculty that will provide for an annual review of each County Extension Agent's perfom1ance, including the County Extension Director, whose performance will be jointly evaluated by the District Extension Director and the Monroe County Administrator or designee. 6. Provide general administrative and supervisory leadership for Extension programs and personnel, in compliance with state and federal Affinnative Action and Equal Employment Opportuni ty requirements. 7. Develop and maintain a "grass-roots" County Advisory Committee system to ensure that Extension programs are based on the needs and priorities of the people in Monroe County. II. Responsibilities of COUNTY. A. With respect to broad program authorization, all Extension programs within the COUNTY are subject to COUNTY authorization and approval. Substantive program changes (additions, deletions, etc.) are subject to COUNTY approval prior to implementation, and the COUNTY may eliminate or otherwise alter any program as the COUNTY deems appropriate. B. With respect to Extension Faculty, the COUNTY shall: I. Participate in the employment of Extension Faculty in accordance with the provisions of Title XLVIII, Chapter 1004, Section 1004.37, Florida Statutes. 2. Pay the County's proportionate share of the salaries and fringe benefits of the Extension Faculty as specifically set out in Article V and Exhibit A. C. With respect to management and administration, the COUNTY shall: I . Review and consider the annual departmental budget requests from UNIVERSITY and take action thereon as the COUNTY may deem appropriate. 2. Provide salaries and fringe benefits for County Courtesy Extension Faculty, clerical, maintenance and other support personnel as the COUNTY may deem appropriate for effective operation of the Extension office. 3. Provide office space, support persOImel, equipment, supplies, utilities, demonstration materials, and funding and/or vehicles for official county travel (both in-county and out-of county), and other operational needs for the County Extensio}1 office as the COUNTY may deem appropriate. III. General Provisions. A. Management and Administration: I. Extension Faculty shall follow COUNTY policies relative to office hours and holidays. 2. All Extension Faculty appointments will be made cooperatively in accordance with Title XLVIII, Chapter 1004, Section 1004.37, Florida Statutes. 3. UNIVERSITY and COUNTY will cooperate in coordinating Equal Employment Opportunity plans for Extension in the county. 4. The parties' respective involvement in funding multi-county Extension Faculty appointments will be negotiated on a case-by-case basis. S. The County Extension Director is responsible for operating this department under the joint direction of the County Administrator or designee and the University of Florida Extension Service Dean of Extension or designee. 6. Extension Faculty are professional employees exempt from the provisions of the Fair Labor Standards Act. 7. Extension Faculty with joint appointments will participate in UNIVERSITY insurance policies including life, health, accident and other policies. County Courtesy Extension Faculty, as county employees would be fully covered by the COUNTY insurance and retirement programs. Page 3 of 10 ARTICLE V FUNDING AND PAYMENTS 1. COUNTY agrees to pay the UNIVERSITY sums as indicated in Exhibit A towards salary expenses. This total sum represents the COUNTY's share of funding Extension employee's salary and fringe benefits as outlined by Exhibit A. This salary expense contract is on a cost reimbursable basis. 2. Salaries outlined in Exhibit A will be modified and submitted to the COUNTY annually by the UNIVERSITY no later than October I of each year. However, whenever possible Exhibit A will be submitted to the COUNTY earlier for inclusion and approval through the COUNTY annual budgetary process. Exhibit A is an estimate of projected salary expenses for the year and shall not require a separate written addendum to this agreement in order to implement annual changes in salaries and related fringe benefIts. Actual expenses may vary during the year due to vacancies, mid-year promotions, new hires or unexpected increases in fringe benefit costs. 3. Quarterly invoices submitted by the UNIVERSITY to the COUNTY should be sent directly to the Monroe County Extension Office address on record at the UNIVERSITY. The address as of the date of this AGREEMENT is: Attn: County Extension Director UF/Monroe County Extension Service 1100 Simonton Street, Suite 2-260 Key West, FL 33040 Phone: 305-292-4501 4. Quarterly payments shall be cost reimbursable and based on actual payroll expenses incurred during the quarter. Expected C01JNTY payment due dates will be no later than 30 days after the receipt of UNIVERSITY invoices. UNIVERSITY invoices will be issued according to the' Anticipated Payment Schedule' in Exhibit A. Each invoice must be accompanied by a payroll journal for the period being reimbursed for each employee along with a statement of certification attesting to the accuracy and authenticity of the payroll expenses. 5. The policies established by the UNIVERSITY in administering leave, including annual, sick, civil, holiday, and military leave, and regarding payment of unused annual and sick leave upon separation, shall apply. Payments of unused leave shall be shared based on the respective proportionate amount of the faculty member's total salary by the UNIVERSITY and COUNTY. If necessary, a "Leave Cash-Out Invoice" will be prepared in addition to normal quarterly invoices in order to reimburse the UNIVERSITY for the C01JNTY proportion of leave payments. ARTICLE VI PERIOD OF CONTRACT - RENEWAL - MODIFICATION This AGREEMENT shall be effective as of October 1, 2006 and shall continue through September 30, 2011, unless terminated earlier. At the time of expiration, this AGREEMENT must then be updated as needed and re-signed by both parties. The AGREEMENT may be modified at any time by written mutual consent of both parties. Monroe County's performance and obligation to pay under this multi-year AGREEMENT is contingent upon an alIDual appropriation by the BOCC. Page 4 of 10 ARTICLE VII MAINTENANCE OF RECORDS The UNIVERSITY will keep adequate records and supporting documentation applicable to this contractual matter. Said records and documentation will be retained by the UNIVERSITY for a minimum of five (5) years from the date of tennination of this AGREEMENT. The COUNTY and its authorized agents shall have the right to audit, inspect and copy all such records and documentation as often as the COUNTY deems necessary during the period of this AGREEMENT and during the period of five (5) years thereafter; providing, however, such activity shall be conducted only during nonnal business hours. The COUNTY during the period of time expressed by the preceding sentence shall also have the right to obtain a copy of and otherwise inspect any audit made at the direction of the UNIVERSITY as concerns the aforesaid records and documentation. ARTICLE VIII LIABILITY The UNIVERSITY shall be solely liable for acts conducted by County Extension Faculty with joint appointments since they are employed by the UNIVERSITY The UNIVERSITY assumes any and all risks of personal injury and property damage attributable to the negligent acts or omissions of the University of Florida and the officers, employees, servants and agents thereof while acting within the scope of their employment by the University. The COUNTY assumes any and all risks of personal injury and property damage attributable to the negligent acts or omissions of COUNTY and the officers, employees, servants and agents thereof while acting within the scope of their employment by the COUNTY. The UNIVERSITY, as a state agency, warrants and represents that it is self-funded for liability insurance, both public and property, with said protection being applicable to officers, employees, servants and agents while acting within the scope oftheir employment by the UNIVERSITY. COUNTY warrants and represents that it is self-funded for liability insurance, both public and property with such protection being applicable to oftlcers, employees, servants and agents while acting within the scope of their employment by COUN1Y. The UNIVERSITY and COUNTY further agree that nothing contained herein shall be construed or interpreted as (1) denying to either party any remedy or defense available to such party under the laws of the State of Florida; (2) the consent of the State of Florida or its agents, agencies, and subdivisions, to be sued; or (3) a waiver of sovereign immunity of the State of Florida or its agents, agencies, and subdivisions, beyond the waiver provided in Section 768.28, Florida Statutes. ARTICLE IX CONTRACTUAL REQUIREMENTS 1. UNIVERSITY 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 tenn of the AGREEMENT and for five years following the termination of this AGREEMENT. If an auditor employed by the County or Clerk of the Court determines that monies paid to the UNIVERSITY pursuant to this AGREEMENT were spent for purposes not authorized by this AGREEMENT, the TJNIVERSITY shall repay the monies together with interest calculated pursuant to Section 55.03, Florida Statutes, running from the date the monies were paid to the UNIVERSITY 2. 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. Page Suf 10 3. Binding Effect. The ten11S, covenants, conditions, and provisions of this AGREEMENT shall bind and inure to the benefit of the COUNTY and UNIVERSITY and their respective legal representatives, successors, and assigns. 4. Nondiscrimination. COUNTY and UNIVERSITY agree that there will be no discrimination against any person, and it is expressly understood that upon a detennination by a cou11 of competent jurisdiction that discrimination has occurred, this AGREEMENT automatically tenninates without any fUlther action on the part of any pmty, effective the date of the court order. COUNTY and UNNERSITY 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 (PL 88-352) which prohibits discrimination on the basis of race, color 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 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 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, ss. 523 and 527 (42 USC ss. 690dd-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 USC s. 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 s. 120 1 Note), as may be amended from time to time, relating to nondiscrimination on the basis of disability; 10) prohibiting discrimination on the bases of race, color, sex, religion, disability, 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 pmties to, or the subject matter of, this AGREEMENT. 5. Covenant of No Interest. COUNTY and UNIVERSITY 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. ~ 6. Code of Ethics. 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. 7. No Solicitation/Payment. The COUNTY and UNNERSITY 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 fide 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 UNIVERSITY 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. 8. Public Access. The COUNTY and UNIVERSITY 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 UNIVERSITY in conjunction with this AGREEMENT; and the COUNTY shall have the right to unilaterally cancel this AGREEMENT upon violation of this provision by UNNERSITY. Page 6 of 10 9. Non-Waiver of Immunity. Notwithstanding the provisions of Section 768.28, Florida Statutes, the participation of the COUNTY and UNIVERSITY in this AGREEMENT and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local govemment liability insurance pool coverage shall not be deemed a waiver of immunity to thc extent of liability covcrage, nor shall any contract entercd into by the COUNTY be required to contain any provision for waiver. 10. 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 COUNTY, when perfo1111ing their respective functions under this AGREEMENT within the tenitorial limits of the COUNTY shall apply to the same degree and extent to the perfom1ance of such functions and duties of such officers, agents, volunteers, or employees outside the tenitoriallimits of the COUNTY. 1] . Legal Obligations and Responsibilities and 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. FUliher, 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 pennitted by the Florida constitution, state statute, and case law. ] 2. Non-Reliance by Non-Parties. No person or entity shall be entitled to rely upon the tenus, 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 COUNTY and UNIVERSITY agree that neither the COUNTY nor the 'UNIVERSITY or 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. ] 3. 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 COUNTY in his or her individual capacity, and no member, officer, agent or employee of 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. 14. 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 the parties hereto may execute this AGREEMENT by signing any such counterpart. 15. Section Headings. Section headings have been inserted in this AGREEMENT as a matter of convenience of 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 AGREEMENT. Page 7 of 10 ARTICLE X NOTICES Any notice, request, demand, consent approval or other communication required or pCI111itted by this AGREEMENT shall be given or made in writing and shall be served (as elected by the party giving such notice) by one of the following methods: (i) hand delivery to the other pmty; (ii) delivery by commercial overnight courier service; or (iii) mailed by registered or celtified mail (postage prepaid), return receipt requested. For the purposes of notice the addresses are: To County: To University: MONROE COUNTY BOCC County Administrator 1100 Simonton Street Key West, FL 33040 and copied to MONROE COUNTY ATTORNEY PO Box 1026 Key West, FL 33041-1026 UNIVERSITY OF FLORIDA Division of Sponsored Research 216 Grinter Hall, PO Box 115500 Gainesville, FL 32611-5500 and copied to UNIVERSITY OF FLORIDA IF AS Sponsored Programs G022 McCarty Hall-D, PO Box 110110 Gainesville, FL 32611-0110 and copicd to UNIVERSITY OF FLORIDA IF AS District Extension Office 1062 McCarty Hall D, PO Box 110220 Gainesville, FL 32611 ~0220 and copied to MONROE COUNTY CLERK OF THE COURT 500 Whitehead Street Key West, FL 33040 This AGREEMENT shall be effective on Octobcr 1 , 2006 APPROVED BY: FOR COUNTY: MAYOR, MONROE COUNTY BOARD OF COUNTY COMMISSIONERS DATE APPROVED AS TO FORM AND LEGALITY: ~l.l~~~ -MONROtJ::OUNTY AT~RNEY ATTEST: /0 <3-i - cr " DATE MONROE COUNTY CLERK OF THE COURT DATE FOR THE UNIVERSITY: ORIDA ONSORED PROGRAMS Brandl K Boniface Assistant Director of Research c141d'f/ DATE L Page 8 ofl 0 EXHIBIT A (Pat!c 1 of 2) Monroe County Grant FY 2007 Summary Salary Projection 10/01/2006 - 9/30/2007 Anticipated Pavroll Due From County for FY 2007: Gregory, Doug Gabel, Kim Coldicott, Kim Bradigan-Betancourt, Alicia Total payroll costs: 46,692.76 28,390.75 27,940.55 19,043.30 122,067.36 Anticipated Payment Schedule*: Period 1 st Quarter 2nd Quarter 3rd Quarter 4th Quarter Invoice Date** January 7, 2006 April 7, 2007 July 7,2007 October 7,2007 Total Due From County: Amount 30,516.84 30,516.84 30,516.84 30,516.84 122,067.36 * Quarterly invoices will be based on actual expenses incurred during the quarter. ** Invoices must be mailed out by University using commercial ovemight courier (i.e. PedEx / UPS) by no later than the dates indicated above. Page 9 of 10 EXHIBIT A (Page 2 of 2) ercenlage Salary FICA Medicare!7.65% ,'___ ,_ ,.u__ u______ _u____.", ORP ReliremenU10.43% Health lnsurance/F ami Iy /$8591.04 (10/2006-0212007) HealthlnsuranceiF ami 1)//$9:451.20 (03/2007-10/2007) . Life/.45% Worker's Comp-.98%/Unem Comp-.12% 60.000% 53.986.01 4,129.93 5.630.74 2:147.!6. 3.307.92 242.94 593.85 40.000% 35.990.67 . ;!'.753'.:!9 3,753.83 . 1,431.8:4 . 2.205.28 161.96 395.90 Grand Totals Gregory~Doug Percentage ! Salary 'FICA Medicare/7.65% ........ .;ORP~etirement/10.43%. ... ...... .......... ! HeCjlth. Ins urCjn~e/?ingle!$~,153.9~(10/2006~02l2D?7) . !f-jeCjlthIJl~urCjn~Ei/?iJl9Ie/~~.534}2. (~31?Og7 -10/2007).. ; ; Life/.45% . ".....,.. w..........,...".'''......,..,........ ..."........',.... .."...... "''''''''^,W. ..'.u.r..'_' .....".".,,,....',....,...'. ."'" ".' .w_.___,'_w._ ~__. [Workers Comp-.98%/Unem Comp-.12% 60.000% 33.403:52' 2.555.37 . . .. 3:483~99T 1.038. 1.587.01 150.32 367.44 : Grand Totals 42.586.12 Gabe.I,Kim 65.000%: ~Q:.~~?:~2j 3.136.31 : 4.276.04 : 1.125.0:21.... 1.71.~.26 ! 184.49 450.97 Percentage ; Salary ; Flc;'; 'Medicare/j.55a;'; ...-,. .. P"" ..", . ,ORP Retirement/10.43% . .. . "-"",..,...," '''. . -~-8ea(f'F').nsura'nc~isjh~ij^e;'$~1 1-53~"9~2"'.(1'_9!?b66-~b2i209'?)_'...-'I "n" ; Health Insurance!Single!$4.534.32 (0312007-10/2007) iLifelnsurance/.45% ......m ...... ........". ._......._..yvil.ij<~(~~<:0P;.~~t~L~~i.~~c:;61p::i.?~&.............. ................... 35.000% ."........--.....---..--....................,., ....... .~!~75:.5~.! 1,6B8.7B · .............2AQ:!.4S;... 605.78 i 925.76 99.34 · 242.83 .......,,^'_J.,., . Grand Totals : 70.000%' .j ,,'- - .-..- --.-)" t. . 33,850.g~L 2,589.60 : ~..~~9.l:l!5 .' ..1,.5f3.7:~6.L 2,370.62 . ...152:33.... . -,-,,-,..- --"""'>'. 372.36 .. Percentage : :Salary., . . : FICA Medicare/7.65% . ..... ........1<:l~.F'..F3~!.i~~fTl.entJ~.~;.~~!?.. .......................... ..... ............~.L. iHealth Insurance!Spousel$5375.52 (10/2006-0212007) : ""THeallh"'insurancEJ/SpousEJ/$5865. 66'{03i200j~ioi200jj" . ...[jf;;lnsurancel.45o/;..............-- ...,.. .... COrnp~:98%/Unem COrnP::.1.20/o.... Totals 34,434.37 i : Bradigan-Betallcourt,J\Jicia 100.00% 89.976.68 ..6.883.22 9,384.57 3.579.60 5,513.20 404.90 989.74 116,731.90 100.00% 63,07..3.0~ 4,825.09 .6;57~.52 1,730.80 2,645.02 283.83 693.80 100.00% 48~.35B:~0 ' 3.699.43 .. 5,043.79 2.239.80 .. 3.386.60 .. 217.61 531.94 ..(33~477:(37. Page 10 oflO BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: 11/15/06 Division: Public Works Bulk Item: Yes ---X- No Department: Fleet Mgt. Staff Contact Person: Roy Sanchez 1:: AGENDA ITEM WORDING: Approval to rescind the award of Public Works surplus items 28 and 29 approved at the 9/20/06 meeting, and approval to award Public Works surplus items 28 and 29 per the Revised Bid Opening Recap of8/22/06. ITEM BACKGROUND: A revised Recap for the Bid Opening of 8/22/06 was received after the Board approved the award of bids. The revised recap corrects the bids actually submitted for items 28 and 29. PREVIOUS RELEVANT BOCC ACTION: On September 20, 2006, the Board granted approval to award fifty eight (58) bids received for Public Works items, but items 28 and 29 had incorrect figures. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval to award Public Works items 28 and 29 per the Revised Bid Opening Recap dated August 22, 2006, to the highest bidders or to the next highest bidder, should bidder fail to complete transactions after reasonable notification and time limits. TOTAL COST: N/A BUDGETED: Yes No COST TO COUNTY: N/A SOURCE OF FUNDS: REVENUE PRODUCING: Yes --X- No AMOUNTPERMONTB_ Year APPROVED BY: County Atty. _ OMB/Purchasing _ Risk Management _ DOCUMENTATION: Included X Not Required DISPosmON: AGENDA ITEM # Revised 8/06 MEMORANDUM TO: Dent Pierce, Director Public Works Division .&? ...-. // Roy Sanchez, Director /lft.,/ // y V Fleet Management Department r / October 24, 2006 FROM: DATE: RE: Agenda Submission / Information Memo At the September 20th BOCC meeting, the Board approved the award offifty eight (58) Public Works' surplus items that were damaged by Hurricane Wilma's flood waters. Subsequently, we received a Revised Recap for Bid Opening of 8/22/06 correcting the figures for surplus items 28 and 29 to reflect the actual bids received for those two items. The attached agenda item is to rescind the award of items 28 and 29 approved at the September 20th meeting, and approval to award Public Works' items 28 and 29, per the Revised Recap of for Bid Opening of 8/22/06, to the highest bidder or to the next highest and acceptable bidder should higher bidders fail to complete transactions after reasonable notification and time limits. All titled vehicles will be sold as is, with "Certificate of Destruction" titles only, thus prohibiting them from being driven again on Florida's public roadways. Thank you. o 2 j 2006 f- ~ Z <<. W W ~ &~ ~ ~8 Cl.. U).- Wq)::>('t) DZ-lf- ~~&:~ HW::>8 ~&~N ~aON' <<alWN ::>lL-lf- ~O~~ f-Cl..Q\!} z~w::> ::> W .~ -< o <<. s: ., u W~ W ~-< o .. D <<. W Z ~ ~ 1= E I oC:::J I' LflLflIUE "*'0\0\.....>- o WO':: :E: "*' '0 C1:E: ~Ol'S:Uo:!2 1-t_.....~UZlD N IU~ ..... 1: E" ~'O.g:::J\ IOC: S5.s \ "*'O\u-c.:: \ :E:~~:::E: \ ~oO\eo \ I-t_.....uz \ ..... 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'" 10 V ('I') I N 0\ N I 10 o ('I') .... o ""C " ..s:: v 8 L ~ -8 -i: o u: .... o " .... ~ U) " ..s:: .... i -~ ""C " .:II: V " ..s:: v c ~ ~ .2-0 " ~ii= .8 -u ~I- t; ~ =+= ~-g " 0 :g " -- .... ~-8 o " ......s:: .2.... ....1;- ]] 2" "i) __ v c " - 8. L -j 0" .8 ]~ ""C ""C~ ]i --.8 ..s:: $I 0 en .... ~ 0""C >-" ~ 0.1;; .... 8 = u ....~ \J v "- o t.a ~ 8~ .a ""C. ""C a ~ ~ !jti L L = 0. ....L:J 8- 0 0 L S -!! -g .::? - VI" V ~ ~>> .... .2 .... ""C VI C .... " 0 !! .2-g"L Q) ~ ....,,~ ~ .aE~~ " "" .... " ._ ::J >. "-Eo:t:1:U)co :::!!""C",,~""C -- Q) L..s:: v " EL~"">-~C Ea.. 0 L.a....8. (3 .~ ".g ~ -~ 0 ""C:og~~c""C Cii~O ~H(3Cii C o Co) o ..s:: ~ .:II: ~ C) i o L a.. " ..s:: .... 1;- ""C " .... V ~ C o v 10 'Ii 10 1 ~ += 0. ~ en C ] v L ::J a.. I :J L o .... V :> VI o "L ~ BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: 11/15/06 Division: Public Works Bulk Item: Yes -X- No Department: CorrectionslFleet Mgt. Staff Contact Person: Roy Sanchez ~ AGENDA ITEM WORDING: Approval to rescind 9/20/06 BOCC approval to purchase one (1) new 80KW Generator from Millenium Products, Inc. and approval to purchase same from Power Pro- Tech Services, Inc. in the total amount of $28, 150.00. ITEM BACKGROUND: The portable emergency generator presently located at the Cudjoe Sheriff's Substation is on loan and is designated for emergency installation at other Lower Keys sites, when needed. PREVIOUS RELEVANT BOCC ACTION: As part of the 2005-2006 budget process, the BOCC allocated funds for purchase of one (1) new emergency generator for the Cudjoe Key Sheriff's Substation. At the 9/20/06 meeting, the BOCC approved purchase of this item from Millenium Products, Inc. However, they have since declined acceptance of the County's purchase order for same. CONTRACVAGREEMENTCHANGES: N/A STAFF RECOMMENDATIONS: Approval to purchase from "Power Pro-Tech Services, Inc." who is the next lowest bidder which meets or exceeds all requirements. TOTAL COST: $28.150.00 BUDGETED: Yes -X- No COST TO COUNTY: $28.150.00 SOURCE OF FUNDS:304-26000-560620- CP0602-560620 REVENUE PRODUCING: Yes AMOUNTPERMONTH_ Year No X APPROVED BY: County Arty _ OMB/Purchasing _ Risk Management_ DOCUMENTA nON: Not Required_ Included X DISPOSITION: AGENDA ITEM # Revised 8/06 MEMORANDUM TO: Dent Pierce, Director Public Works Division /f/~ FROM: Roy Sanchez, Director Fleet Management Department DATE: October 12th, 2006 RE: Agenda Submission Memo 80KW Purchase The attached BOCC agenda item is to replace the Cudjoe Key Sheriff's Substation emergency generator which was approved by the BOCC as part of the 2005-2006 budget process. After requesting and receiving BOCC approval to go out for bids, they were received and opened 8/15/06. After reviewing the low bid received from Kelly Tractor Company, it was determined their bid does not meet the County's minimum specification in areas of generator output and housing rust/corrosion resistance. After the BOCC awarded the bid to second lowest bidder Millenium Products, Inc. on 9/20/06, they have since declined to accept the County's purchase order for same (see letter attached). The Fleet Management Department's recommendation is to rescind 9/20/06 BOCC approval to purchase from Millenium Products, Inc. and provide a new purchase order for next lowest bidder Power Pro-Tech Services, inc. in the total amount of$28,150.00. Thank you. UC~ 11 Ub U~;!~P .J!n .JHt:JLUrl~"1 t1Ul -..b::J-IF/tJ p. 1 .~ Milieriiu.l. PrDdut:.t.s /tIC.. 6346 Herorr PtttktWfy Cfar1\sron, M4 4834e Foo ID It 8& 1159Hi!1 Tel! Free 1-BAA - 001- 74..."\0 Fax 1- S01- 469 - 7778 Website - httD:flwww.MilleniumProducls.net Email - infola>milleniumproducts net October 11. 2006 TO: Monroe County Board of County Commissioners c/o Purchasing Department Gato Building, Room 1-213 1100 Simonton Street Key West. FL 33040 A TTN: Ron Cherry - Fleet Management Department Ph 305-292-3571 Fax 305-292-3529 RE: RF&PWD-228-137a-2006-PURlCV M!(:l.i.tt>.u..l'!"!. 8O..KW T falter Moilllt...n GeD..eratnr Millenium Products Inc. has to respectfully decline the Award of Purchase Order # 14390 for RFB-PWD- 228-137a-2006-PURlCV - Minimum SOKW Trailer Mounted Generator due to the manufacturer's inability to comply with the configuration and delivery of the generator as first quoted on August 14, 2006. We apologize for any inconvenience and regret any hardship to the Monroe County Board of County Commissioners. Please acknowledge receipt of this correspondence below and fax bact to us at 801-469-7778 Of scan and email at info@milleniumproducts.net at your earliest convenience. s~~ /" {;e: Rut Sanc.r.e-z Signed Acknowledgement Fax Back To 801-469-7778 (Date) BOARD OF COUN'IY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: 9n.0/06 Division: Public Works Bulk Item: Yes ...x.- No Department: CorrectionsIFleet Mg!. Staff Contact Person: Roy Sanchez AGENDA ITEM WORDING: Approval to purchase one (l) new 80KW Trailer Mounted Generator from MiIlenium Products, Inc. in the total amount of $25,995.00. ITEM BACKGROUND: The emergency generator located at the Cudjoe Sheriffs Substation is on loan and is designated for installation at one of the County's hurricane shelters when needed. PREVIOUS RELEVANT BOCC ACfION: As part of the 2005-2006 budget process, the Boce allocated funds for purchase of one (1) new emergency generator for the Cudjoe Key Sherifrs Substation. At the 5/16106 regular meeting, the BOCC gave approval to advertise for sealed bids for a new emergency generator for the Cudjoe Key Sheriff's Substation. CONTRACf/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval to purchase as stated above "from the low bidder", Millenium Products. Inc. TOTAL COST: $25.995.00 BUDGETED: Yes --X- No_ COST TO COUNTY: 25.995.00 SOURCE OF FUNDS:304-26000-560620- CP0602-560620 REVENUE PRODUCING: Yes No-X- AMOUNT PER MONTH_ Year_ APPROVED BY: County Atty _ OMBlPurchasing _ Risk Management _ DOCUMENTATION: [ncluded X Not Required_ DISPOSmON: AGENDA ITEM # Revised 8/06 MEMORANDUM TO: Dent Pierce. Director Public Works Division 11 FROM: Roy Sanchez, Director Fleet Management Department DATE: August 2Sdt, 2006 RE: Agenda Submission I Information Memo The attached BOCC agenda item is to replace the Cudjoe Key Sheriff s Substation emergency generator which was approved by the BOCC as part oftbe 2005-2006 budget process. After requesting and receiving BOCC approval to go out for bids, they were opened 8/15/06. After reviewing the low bid from Kelly Tractor Company, it was determined their bid does not meet the County's minimum specification in areas of generator output and housing rust/corrosion resistance. After reviewing all other bids and direct communications with the second lowest bidder Millenium Products, Inc., it was determined their bid meets or exceeds all requirements. The Fleet Management Department's recommendation is for the County to provide a purchase order from the Corrections Department account number 304-26000-56062O-CP0602- 560620 in the total amount of 125,995.00. Thank you. ~ o 5 -. 1&1 I- ~ Ii z 0 e ~ '? 0 Ii; = I! ~eJliiC ~ III~UlG 0 011.:1:8 Z III 0 (I),... III: ~~~.,;:~ c( ... ....... ~ !~Si = II. 2: ::>> CII ~ OU.:1 zG::.c.c .c [to- .. ~ Iii 5::E C) Q ::>> Q z::l: ::>> III~ · a.... 0::1: .. E w 0 0 0 0 0 0 0 0 (,) 0 0 0 0 0 0 0 0 t-f 0\ ~ 0 \0 0 co 0 LO 0 0.. 0 en 0 ...... It) 0'\ co 0'\ ..... 0 It) ,.., M " ~ I'll 'lit ~ '" u) 0\ 0 - - as co In ex) V N N M N I'll N ,.., ~ -iA- if't * if't -iA- -iA- iA- iA- 0 Z 0 co 1'0 to co lU to 10 eu r:o " " " " " " " " c c c c c c c c 0 .... m "0 C>> jj E .Q :J (/) "0 f- iii z 0 w z 0 '0 z 0 U I- eu 0.. u C ~ (/) c .... W .... U .. -' 0:::: eu .n c u I .., Q,) v - 1: c u .. OJ eu c fI) 0- W E i:: - E E I- U) .. c( 0 0- eu t! 4U U eu ::s (/) 1;; .... 0 0 ..., 0 CT .L:. ::J >- c ..!!! U ... w u "0 (/) U) eu e ~ e Q. E 1'0 l- I... l- E .., 0 .!! 0.. eu Q. c ti 1; e ~ ::J "5 eu ~ E Q. a: lU 0 0 CT l- I... 0.. ::J 0.. C W "0 f- eu eu I... c: to ;: QJ ~ "0 .)(. eu eu I- ~ .&..I 1: co ;: ..c "0 C ~ 0 ;: 0 ~ 0 0 OJ ::> lL a.. U (!) ::J: " u :E o 2- 1 ~ t ; L o ~~ >z ~ .. ~ to) ..s:: .... .... ~ '& o "j" ~] v~ 41)- "5 X. 5 W) .8~ ,,+= ~-g ..s:: 0 ~ to) .8-8 o 41) 1..c: tt.... =E ~J :2 ~ .0 L of j~ .... to) 1j CI ~"i it; 8-= W) ""C ""C 1i1i -a = -~ $I " l.t a 0; u- ~ & 1:1 - 81 ~ "6 L to) ~ E! t oV) ~ .!!~ ~ -1 - ~ti > !s ~ ~.g ti~ vii: E~ to) 0 Ii ., ..s::~ ""C HII) co BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: November 15,2006 Division: Public Works Bulk Item: Yes -L No Department: Facilities Maintenance Staff Contact Person: John W. King AGENDA ITEM WORDING: Approval of a contract renewal with Mowrey Elevator Services, Inc. for complete elevator service and maintenance for all Monroe County Elevators. ITEM BACKGROUND: On November 21, 2006, the current contract as renewed with Mowrey Elevator Services, Inc. will expire. In accordance to Article 6 (B) of the original contract dated October 20, 2004, the Owner has the option to renew the agreement after the fIrst year, for two additional one year periods. This renewal will exercise the second of two options. PREVIOUS RELEVANT BOCC ACTION: On October 20, 2004 the BOCC granted approval to award bid and authorized execution of a contract with Mowrey Elevator Services, Inc. for complete elevator service and maintenance for all Monroe County elevators. On October 19, 2005, the BOCC approved the first renewal of the contract with Mowrey Elevator Service, Inc. CONTRACT/AGREEMENT CHANGES: Renewed contract to commence on November 22,2006 and terminate on November 21,2007 to include an increase in cost by CPI-U of2.1% for an increase in labor for normal working hours beyond the $500.00 limit from $110.00 to $112.31; and emergency service from $150.00 to $153.15, total monthly service and maintenance from $2,515.29 to $2,568.11, and total amount for annual inspections from $3,375.00 to $3,445.88. STAFF RECOMMENDATIONS: Approval as stated above. TOTAL COST: $30,817,32 monthly maintenance $ 3.445.88 annual inspections $ 5,000,00 estimated repairs BUDGETED: Yes -L No COST TO COUNTY: Same Ad Valorem, Key West Airport, SOURCE OF FUNDS: Marathon Airport, Fine & Forfeitures REVENUE PRODUCING: Yes No X AMOUNT PER MONTH Year APPROVED BY: County Arty _ OMB/Purchasing Risk Management _ DOCUMENTATION: Included X Not Required_ DISPOSITION: AGENDA ITEM # Revised 2/05 MEMORANDUM DATE: October 10,2006 TO: Dent Pierce, Division Director Public Works FROM: John W. King, Sf. Director;! J1 ~ f-- Lower Keys Operations ae.-- vJ . . Agenda Item - November 15,2006 BOCC Meeting Contract Renewal - Mowrey Elevator Services, Inc. RE: On November 21,2006, the current contract as renewed with Mowrey Elevator Services, Inc. will expire with one final option to renew. On October 20, 2004, the BOCC authorized execution of a contract with Mowrey Elevator Services, Inc. for complete elevator service and maintenance for all Monroe County elevators. On October 19, 2005, the BOCC approved the first renewal of the contract with Mowrey Elevator Service, Inc. I hereby request approval to exercise the second and final renewal option of the contract with Mowrey for complete elevator service and maintenance for all Monroe County elevators. JWK/jbw Enclosures 2.1 % CPI-U RATE ADJUSTED A. The County shall pay to the Contractor for the performance of said service on a per month in arrears basis on or before the 30th day of the following month in each of twelve months. The Contractor shall invoice the County montWy for elevator service and maintenance performed under the Specification contained herein. The Contractor amount shall be as stated by the contractors bid as follows: Serial Facility # Capacity Amount per Amount per Number Landings Lbs Month Inspection 3998 Monroe County Courthouse Annex 4 2500 $96.26 $127.63 37419 Monroe County Courthouse Annex 4 4000 $106.95 $127.63 37641 Plantation Key Courthouse 2 2500 $69.52 $127.63 39503 J. Lancelot Lester Justice Building 3 2000 $85.56 $127.63 40616 Plantation Key Ellis Building 2 2100 $74.87 $127.63 46473 Marathon Government Center 2 3500 $96.26 $127.63 46502 Monroe County Courthouse Annex 3 4000 $80.21 $127.63 46899 Monroe County Detention Center 3 4000 $80.21 $127.63 46900 Monroe County Detention Center 3 4000 $96.26 $127.63 46945 Records Storage Facility 3 4000 $106.95 $127.63 47143 Monroe County Detention Center 2 2500 $74.86 $127.63 47144 Monroe County Detention Center 2 2500 $103.74 $127.63 47274 Monroe County Detention Center 2 4000 $74.86 $127.63 47275 Monroe County Detention Center 2 2500 $74.86 $127.63 47276 Monroe County Detention Center 2 2500 $85.56 $127.63 47834 Marathon Airport 2 2000 $96.26 $127.63 50030 Sheriff s Administration Building 3 3500 $85.56 $127.63 50031 Sheriff s Administration Building 3 3500 $85.56 $127.63 51768 Harvey Government Center 3 2500 $96.26 $127.63 56110 Plantation Key Detention Facility 2 750 $69.52 $127.63 56599 ARFF Building - Key West 2 2500 $90.91 $127.63 56216 Key West Courthouse Dumbwaiter 3 150 $80.21 $127.63 56691 Monroe County Courthouse 4 2500 $139.04 $127.63 60239 Gato Building 2 2100 $128.34 $127.63 61607 Department of Juvenile Justice 3 4500 $132.73 $127.63 61608 Department of Juvenile Justice 3 4500 $132.73 $127.63 74025 Sheriff s Aviation Hangar 2 2000 $124.06 $127.63 Revised 10/19/2006 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Mowrey Elevator Service Contract # - Effective Date: 11/22/06 Expiration Date: 11/21/07 Contract Purpose/Description: Contract Renewal for Complete Elevator Service and Maintenance Contract Manager: Jo B. Walters 4549 Facilities Maint/Stop #4 (Name) (Ext. ) (Department/Stop #) for BOCC meeting on 11/15/06 Agenda Deadline: 10/31/06 CONTRACT COSTS Current Year Portion: $ 35,991.23 001-20501-530-340-_ 101-20505-530-340-_ 403-63501-530-340-_ 404-63001-530-340-_ ADDITIONAL COSTS Estimated Ongoing Costs: $~yr For: (Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.) Total Dollar Value of Contract: $ 39,263.20 Budgeted? Y es~ No D Account Codes: Grant: $ N/ A County Match: $ N/A CONTRACT REVIEW Changes 1":1;' Needed Division Director I Db YesD NoD Risk Manag[ent 10 'I qOb ~ ~4-ap \) ~~ O.M.B./Purc asmg _ County Attorney /IJ/!jlor, Date Out ;. ~J1oc: Comments: OMB Form Revised 2/27/01 MCP #2 CONTRACT RENEWAL (Complete Elevator Service Maintenance for Monroe County) THIS CONTRACT RENEWAL is made and entered into this day of , 2006, between the COUNTY OF MONROE and MOWREY ELEVATOR - SERVICE INC., in order to renew the agreement between the parties dated October 20, 2004, and renewed on October 19, 2005 (copies of which are incorporated hereto by reference) as follows: 1. Owner will exercise the second of two renewal options in accordance to Article 6 (B) of the original contract dated October 20, 2004, and adjust the contract amount in accordance with the percentage change in the Consumer Price Index for all urban consumers (CPI-U) for the most recent twelve months available. 2. The renewed contract shall commence on November 22, 2006, and will expire on November 21,2007. 3. In all other respects, the original agreement dated October 20,2004 and renewed October 19,2005, remains in full force and effect. IN WIlNESS WHEREOF, the parties have hereWlto set their hands and seal, the day and year first written above. Attest: Danny L. Kolhage, Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: By: MOWREY ELEVATOR, INC. Witness: Witnes~~Q ~~" By: MONROE COUNTY All ORNt::Y PROVED AS TO RM: CONTRACf RENEWAL (Complete Elevator Service Maintenance for Monroe County) TInS CONTRACT RENEWAL is made and entered into this 19th day of October, 2005, between the COUNTY OF MONROE and MOWREY ELEVATOR SERVICE INC., in order to renew the agreement between the parties dated October 20, 2004, (a copy of which is incorporated hereto by reference); as follows: 1. Owner will exercise the first of two renewal options in accordance to Article 6 (B) of the original contract dated October 20, 2004. 2. The renewed contract shall commence on November 22, 2005, and will expire on November 21, 2006. 3. In all other respects, the original agreement dated October 20,2004 remains in full force and effect. IN WITNESS WHEREOF, the parties have hereunto set their hands and seal, the day and year first written above. ... ~~ \"< '~ "':li. . AUest: Danny i..)K,lhage, Clerk >. ,.~,;;./ C\, . j..' B~~:~ .' . ~'. ,.".. 0': c.. t.L.O''Sd ~ >'"..: ..>.,'.:.,':..-.- , BOARD OF COUNTY COMMISSIONERS ::MO~j?~~ Wi ..'#' ~tneVl: (...> co l.&...! z: cr 011:I: n:: o ~ l4.. I <<:) :::.. ~ ~ i;: I c:( b.. :r"":>o: ....;<..>... o ':Z: ~$.:;:, . <..> 0 -J .(.) >-~L&J z-'o z(,.)a:: -c Z a 0 ~ ZANN A. HUTTON Dat!: ASSISTA~~l1ORNEY CONTRACf TInS AGREEMENT. made and entered into this 20th day of October. 2004. AD.. by and between MONROE COUNTY. FLORIDA. (hereinafter called the "Owner"). and Mowrey Elevator Service. Inc. (hereinafter called the "Contractor"). That the parties hereto. for the consideration hereinafter set forth, mutually agree as follows: I. THE CONTRACT The contract between the owner and the contractor, of which this agreement is a Part. consists of the contract documents, as specified in paragraph 2. 2. THE CONTRACT DOCUMENTS The contract documents consist of this agreement, the specifications. all change orders. and any addenda issued hereafter. any other amendments hereto executed by the parties hereafter. together with the bid proposal and all required insurance documentation. 3. SCOPE OF WORK A The Contractor shall furnish all labor and equipment to provide routine examination, lubrication, cleaning. adjustment, replacement of parts, and performance of applicable code-required safety tests on traction elevators or annual relief pressure tests on hydraulic elevators. and any other service. repair. and maintenance sufficient to ensure the safe operation of the elevators in accordance with Florida Statute Chapter 399, the Specification Package entitled "Complete Elevator Service Maintenance for Monroe County'.. and his bid dated August 25.2004. B. The Contractor shall be a certificate of Competency Holder for the service maintenance contract in accordance with the revised Florida Statute Section 399.061 for required inspections. C. The Contractor shall respond within four hours of notification of service, twenty-four hours per day. seven days per week. The Contractor shall provide a contact person to ensure twenty-four hour service. D. The Contractor shall respond and rectify all safety related deficiencies deemed necessary by the Bureau of Elevator Inspection immediately. If deficiency/deficiencies cannot be rectified immediately due to the unavailability of parts. the Contractor shall terminate power to the elevator(s) so that it may not be utilized until rectification. Contractor will rectify safety-related deficiencies within forty-eight hours of receipt of parts. The Contractor shall rectify all other deficiencies deemed necessary by the Bureau of Elevator Inspection within thirty days of notification. E. The Contractor shall ensure that machine rooms are kept in a clean andtECEIVED safe manner at all times. NOV 1 6 200~ "":I~Df. ,,{';T' ',OJ F. The Contractor shall abide by the Rules and Regulations for Contractors at the Monroe County Detention Facilities when servicing same. G. Monroe County Elevators to be Serviced are as follows: Serial Facility Address # Number LucUap 3998 Monroe Counjy Courthouse Annex 502 Whitehead Street. Key West 4 37419 Monroe County Courthouse Annex 502 Whitehead Street. Key West 4 37641 Plantation Key Courthouse US # 1 &Higbpoint Road, Plantation 2 Key 39503 1. Lancelot Lester Justice Buildina 530 Whitehead Street. Key West 3 40616 Plantation Key Ellis Building 88800 Ovetseas Highway, Plantation Key 2 46473 Marathon Government Center 2798 Overseas Highway, Marathon 2 46502 Monroe County Courthouse Annex 502 Whitehead Street, Key West 3 46899 Monroe rnl111TV Detention Center 5510 ColleJle Road. Stock Island 3 46900 Monroe County Detention Center 5510 College Road, Stock Island 3 46945 Records Storage Facility 530 Whitehead Street., Key West 3 47143 Monroe County Detention Center 5510 Col!ege Road, Stock Island 2 47144 Monroe County Detention Center 5510 College Road, Stock Island 2 47274 Monroe County Detention Center 5510 College Road, Stock Island 2 47275 Monroe County Detention Center 5510 College Road Stock Island 2 47276 Monroe rnllnnr Detention Center 5510 ColleJle Road Stock Island 2 47834 Marathon Airoort 9400 Overseas Hi~ hway, Marathon 2 50030 Sheriff's Administration Building 5525 College ROa4 Stock Island 3 50031 Sheriff's Administration Building 5525 Col!ege ROa4 Stock Island 3 51768 Harvev Government Center 1200 Truman Avenue, Key West 3 56110 Plantation Key Detention Facility 53 Highpoint Road, Plantation Key 2 56216 Key West Courthouse Dumbwaiter 500 Whitehead Street, Key West 3 56599 ARFF Building - Kev West Key West International Airport 2 56691 Monroe County Courthouse 500 Whitehead Street Kev West 4 60239 Gato Building 1100 Simonton StJ1eet, Key West 2 61607 Department of Juvenile Justice 5525 College Ro8(j Stock Island 3 61608 Department of Juvenile Justice 5525 College Roa(j Stock Island 3 74025 Sheriffs Aviation Hangar 10100 Overseas Highway, 2 Marathon The specifications shall service as minimum contract basis of inspection and acceptance of all the work. standards, and shall be the 4. THE CONTRACT SUM A The County shall pay to the Contractor for the performance of said service on a per month in arrears basis on or before the 3(jh day of the following month in each of twelve months. The Contractor shall invoice the County monthly for elevator service and maintenance performed under.the Specification contained herein. The Contractor amount shall be as stated by the contractors bid as follows: Serial Facility # Capacity Amount per Amount per Number ' ....". Lbs MODtIl Inspection 3998 Monroe County Courthouse Annex 4 2500 $94.28 $125.00 37419 Monroe County Courthouse Annex 4 4000 $104.75 $125.00 37641 Plantation Key Courthouse 2 2500 $68.09 $125.00 39503 J. Lancelot Lester Justice Building 3 2000 $83.80 $125.00 40616 Plantation Key Ellis Building 2 2100 $73.33 $125.00 46473 Marathon Government Center 2 3500 $94.28 $125.00 46502 Monroe County Courthouse Annex 3 4000 $78.56 $125.00 46899 Monroe County Detention Center 3 4000 $78.56 $125.00 46900 Monroe County Detention Center 3 4000 $94.28 $125.00 46945 Records Storage Facility 3 4000 $104.75 $125.00 47143 Monroe County Detention Center 2 2500 $73.32 $125.00 47144 Monroe County Detention Center 2 2500 $101.61 $125.00 47274 Monroe County Detention Center 2 4000 $73.32 $125.00 47275 Monroe County Detention Center 2 2500 $73.32 $125.00 47276 Monroe County Detention Center 2 2500 $83.80 $125.00 47834 Marathon Airport 2 2000 $94.28 $125.00 50030 Sheriff's Administratioo Building 3 3500 $83.80 $125.00 50031 Sheriff's Administration Building 3 3500 $83.80 $125.00 51768 Harvey Government Center 3 2500 $94.28 $125.00 56110 Plantation Key Detention Facility 2 750 $68.09 $125.00 56599 ARFF Building - Key West 2 2500 $89.04 $125.00 56216 Key West Courthouse Dumbwaiter 3 150 $78.56 $125.00 56691 Monroe County Courthouse 4 2500 $136.18 $125.00 60239 Gato Building 2 2100 $125.70 $125.00 61607 Department of Juvenile Justice 3 4500 $130.00 $125.00 61608 Department of Juvenile Justice 3 4500 $130.00 $125.00 74025 Sheriff's Aviation Hangar 2 2000 $121.51 $125.00 B. Repairs for normal working hours beyond the $500.00 limit between 8:00 a.m. and 5:00 p.m. Monday through Friday excluding holidays shall be $llO.OQ per hour. C. Emergency service calls after hours stated above including holidays shall be $150.00 per hour. D. The cost of parts beyond those included in the $500.00 limit shall be the manufacturers cost plus 35 %. The manufacturer's invoice must accompany all requests for payment for any part which exceeds $100.00, and may be requested at the discretion of the Owner for any part, regardless of the cost. 5. CONTRACTORS ACCEPTANCE OF CONDmONS A The Contractor hereby agrees that he has carefully examined the sites and has made investigations to fully satisfy himself that such sites are correct and a suitable for this work and he assumes full responsibility therefore. The provisions of the Contract shall control any inconsistent provisions contained in the specifications. All specifications have been read and carefully considered by the Contractor, who understands the same and agrees to their sufficiency for the work to be done. Under no circumstances, conditions, or situations shall this Contract be more strongly construed against the Owner that against the Contractor. B. Any ambiguity or uncertainty in the specifications shall be interpreted and construed by the Owner, and his decision shall be final and binding upon all pgties. . C. The passing, approval, and/or acceptance by the Owner of any of the services furnished by the Contractor shall not operate as a waiver by the Owner of strict compliance with the terms of this contract, and specifications covering the services. Failure on the part of the Contractor, immediately after Notice to Correct shall entitle the Owner, if it sees fit, to correct the same and recover the reasonable cost of such replacement and/or repair from the Contractor, who shall in any event be jointly and severally liable to the Owner for all damage, loss, and expense caused to the Owner by reason of the Contractor's breach of this Contract and/or his failure to comply strictly and in all things with this Contract and with the specifications. 6. TERM OF CONTRACT/RENEW AL A This contract shall be fore a period of one year commencing November 22. 2004, and terminating on November 21. 2005. B. The Owner shall have the option to renew the agreement after the first year, and each succeeding year, for two additional one year periods. The Contract amount agreed to herein might be adjusted annually in accordance with the percentage change in the Consumer Price Index for all urban consumers (CPI-U) for the most recent twelve months available. 7. HOLD HARMLESS The Contractor 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 the Contractor or any ofits Subcontractor(s) in any tier, occasioned by the negligence, errors, or other wrongful act of omission of the Contractor or its Subcontractors in any tier, their employees, or agents. In the event the completion of the project (to include the work of others) is delayed or suspended as a result of the Contractor's failure to purchase or maintain the required insurance, the contractor shall indemnify the County from any and all increased expenses resulting from such delay. The first ten dollars (SI0.00) of remuneration paid to the Contractor is for the indemnification provided for above. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. 8. INDEPENDENT CONTRACTOR At all times and for all purposes under this agreement the Contractor is an independent contractor and not an employee of the Board of County Commissioners for Monroe County. No statement contained in this agreement shall be construed so as to find the contractor or any of hislher employees, contractors. servants. or agents to be employees of the Board of County Commissioners for Monroe County. 9. ASSURANCE AGAINST DISCRIMINATION The Contractor shall not discriminate against any person on the basis of race, creed, color, national origin, sex, age, or any other characteristic or aspect which is not job related, in its recruiting, hiring, promoting, terminating, or any other area affecting employment under this agreement or with the provision of services or goods under this agreement. 10. ASSIGNMENT/SUBCONTRACT The Contractor shall not assign or subcontract it obligations under this agreement, except in writing and with the prior written approval of the Board of County Commissioners for Monroe County and Contractor, which approval shall be subject to such conditions and provisions as the Board may deem necessary. This paragraph shall be. incorporated by reference into any assignment or subcontract and any assignee or subcontractor shall comply with all of the provisions of this agreement. Unless expressly provided for therein, such approval shaI1 in no manner or event be deemed to impose any obligation upon the board in addition to the total agreed-upon price of the services/goods of the contractor. 11. COMPUANCE WITH LAW In providing all services/goods pursuant to this agreement, the contractor shall abide by all statutes, ordinances, rules and regulations pertaining to, or regulating the provisions of: such services, including 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 contract immediately upon delivery of written note of termination to the contractor. The contractor shall possess proper licenses to perform work in accordance with these specifications throughout the term of this contract. 12. INSURANCE Prior to execution of this agreement, and maintained throughout the life of the contract, the contractor shall furnish to the Owner Certificates of Insurance indicating the minimum coverage limitation as listed below: A General Liability - include as a minimum: · Premises Operations · Products and Completed Operations · Blanket Contractual Liability · Personal Injury Liability · Expanded Definition of Property Damage lhe minimum limits acceptable shall be $300.000 Combined Single Limit If split limits are provided, the minimum limits acceptable shall be: Sl00.000 per person; $300.000 per Occurrence; and S50.000 Property Damage. An Occurrence Form policy is preferred. If coverage is provided on a Claims 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 reported should extend for a minimum of twelve months following the acceptance of work by the County. MONROE COUNTY BOARD OF COUNTY COMMISSIONERS MUST BE NAMED AS ADDIDONAL INSURED. B. Vehicle Liability - include as a minimum: · Owned, Non-Owned, and Hired Vehicles lhe minimum limits acceptable shall be S100.000 Combined Single Limit If split limits are provided, the minimum limits acceptable shall be: $50.000 per Person; Sl00.000 per Occurrence; and S 25.000 Property Damage. MONROE COUNTY BOARD OF COUNTY COMMISSIONERS MUST BE NAMED AS ADDIDONAL INSURED. C. Workers Compensation -limits sufficient to respond to Florida Statute 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 provided by a company or companies authorized to transact business in the State of Florida and the company or companies must maintain a minimum rating of A-VI, as assigned by the AM. Best Company. If the Contractor has been approved by Florida's 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 Certificate of Insurance, providing details on the Contractor's Excess Insurance Program. If the Contractor participates in a self-insurance fund, a Certificate 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. D. (OTHER INSURANCE) 13. FUNDING AVAILABILITY In the event that funds from Facilities' Maintenance Contractual Services are partially reduced or cannot be obtained or cannot be continued at a level sufficient to allow for the purchase of the services/goods specified herein, this agreement may then be terminated immediately at the option of the Board of County Commissioners by written notice of termination delivered in person or by mail to the contractor. The Board shall not be obligated to pay for any services provided by the contractor after the contractor has received written notice of termination. 14. PROFESSIONAL RESPONSIBllJTY The Contractor warrants that it is authorized by law to engage in the performance of the activities encompassed by the project herein described, subject to the terms and conditions set forth in these contract documents. The provider shall at all times exercise independent, professional judgment and shall assume professional responsibility for the services to be provided. Continued funding by the Owner is contingent upon retention of appropriate local, state, and/or federal certification and/or licensure of contractor. 15. NOTICEREQUlREMENT Any notice required or permitted under this agreement shall be in writing and hand delivered or mailed, postage prepaid, to the other party be certified mail, returned receipt requested, to the following: FOR COUNTY Monroe County Facilities Maintenance 3583 S. Roosevelt Blvd. Key West, FL 33040 FOR CONTRACTOR Mowery Elevator Service, Inc. 3300 S.W. 50 Avenue Davie, FL 33314 16. CANCELLATION A) In the event that the Contractor shall be found to be negligent in any aspect of plant operation, maintenance, repair, or service, the County shall have t he right to terminate this agreement after five days written notification to the Contractor. B) Either of the parties hereto may cancel this agreement without cause by giving the other party sixty days written notice of its intention to do so. 17. GOVERNING LAWS 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. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of the Agreement, the County and Contractor agree that venue will lie tin the appropriate court or before the appropriate administrative body in Monroe County, Florida. The County and Contractor agree that, in the event of conflicting interpretations of the terms 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 prOC.P.Ming 18. RECORDKEEPING Contractor 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 following the termination of this Agreement. Ifan auditor employed by the County 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 interest calculated pursuant to Sec. 55.03, FS,.running from the date the monies were paid to Contractor. 19. 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 County 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. 20. ATTORNEY'S FEES AND COSTS The County and Contractor 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, court costs, investigative, and out-of-pocket expenses, as an award against the non-prevailing party, and shall include attorney's fees, courts costs, investigative, and out-of-pocket expenses in appellate proceedings. 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. 21. BINDING EFFECT The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the County and Contractor and their respective legal representatives, successors, and assigns. 22. 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. 23. CLAIMS FOR FEDERAL OR STATE AID Contractor 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. 24. ADJUDICATION OF DISPUTES OR DISAGREEMENTS County 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. 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 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. 25. COOPERATION In the event any aclministrative or legal proc-ting is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, County and Contractor agree to participate, to the extent required by the other party, in all proceedings. hearings. processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. County and Contractor specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. 26. NONDISCRIMINATION County and Contractor 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 Contractor 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) Yrtle VI of the Civil Rights Act of 1964 (pL 88-352) which prohibits discrimination on the basis of race, color 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 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 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 ~asis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 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 USC s. 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 s. 1201 NoteO, as maybe amended from time to time, relating to nondiscrimination on the basis of disability; 10) Any other nondiscrimination provisions in any federal or state statutes which may apply to the parties to, or the subject matter ot: this Agreement. 27. 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. 28. CODE OF EnnCS 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 n 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. 29. NO SOLICITATIONIPAYMENT The County and Contractor 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 fide 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 Contractor 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. 30. PUBLIC ACCESS The County and Contractor shall allow and permit reasonable access to, and inspection ot: 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 Contractor in conjunction with this Agreement; and the County shall have the right to unilaterally cancel this Agreement upon violation of this provision by Contractor. 31. NON-WAIVER OF IMMUNITY Notwithstanding the provisions of Sec. 286.28. Florida Statutes, the participation of the County and the 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. 32. 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 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 territorial limits of the County. 33. LEGAL OBLIGATIONS AND RESPONSmILITIES 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 and 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. 34. NON-RELIANCE BY NON-PARTffiS 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 County and the Contractor agree that neither the County nor the Contractor or 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. 35. ATTESTATIONS Contractor 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. 36. NO PERSONAL LIABllJTY No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, 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. 37. EXECUTION ON 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 the parties hereto may execute this Agreement by signing any such counterpart. 38. SECTION HEADINGS Section headings have been inserted in this Agreement as a matter of convenience of 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 Agreement. 39. CONTINGENCY STATEMENT Monroe County's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Monroe County Board of County Commissioners. WITNESS WHEREOF the parties hereto have executed this Agreement on the day and date first written above in four (4) counterparts, each of which shall, without proof or accounting for the other counterparts, be deemed an original contract. Attest DANNY L KOLHAGE, CLERK ,~ ;~ BOARDOF COUNTY COMMISSIONERS OF MONORE COUNTY, FLORIDA By: ~~(~ Mayor/C an ;, ty Clerk jf,.~.!/l Date:~A.." 2,), 2-... ~ 1 --:.-:;.:- (SEAL) Attest: BY.~~~ aoess Title: .L;et'IL2~.v<,- ('corclinct-A,..... CONTRACfOR MOWREY J:LEVATOR SERVI B: TItle: &rv; (' (0) By: ~ ~ .fVa<<<e J WItness Title~,o"'" ~e" ~prP!j(..nJr;~,f;&le., .f.- - ;..:;) r'~. ..,- '" "~~- rr-( " -.J -...' -- ,. - . .." -' ,. :.!: c :- . ;'~. j - '. .." .. r- f~ :;.,..... t:l BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: November 15.2006 Division: Public Works Bulk Item: Yes -X- No Department: Facilities Maintenance Staff Contact Person: John W. King AGENDA ITEM WORDING: Approval to extend contract with Synagro Southeast, Inc. on a month- to-month basis for the operation and maintenance of the sewage treatment plant at the Plantation Key Government Complex. ITEM BACKGROUND: On November 30, 2006, the current contract with Synagro Southeast, Inc. will expire with no additional options to renew. A month-to-month contract extension is needed until standardized formats can be achieved, and new bids received. PREVIOUS RELEVANT BOCC ACTION: On November 19,2003, the BOCC terminated the contract with American Water Services and entered into a contract with Synagro Southeast, Inc. On September 21, 2004, the BOCC renewed the contract for the first of two one-year terms. On October 20, 2004, the BOCC approved to rescind the renewal agreement with Synagro Southeast, Inc., as approved on September 21, 2004, and enter into a modified renewal agreement increasing the cost of sludge removal. The BOCC approved the final one-year option on November 16,2005. CONTRACT/AGREEMENT CHANGES: Extending the contract on a month-to-month basis. STAFF RECOMMENDATIONS: Approval TOTAL COST: NTE $25.000 or approx $2.083/mo. BUDGETED: Yes -K- No COST TO COUNTY: Same SOURCE OF FUNDS: Ad Valorem REVENUE PRODUCING: Yes Noll AMOUNT PER MONTH Year_ APPROVED BY: County Arty -2L OMB/Purchasing-X. Risk Management X DOCUMENTATION: Included X Not Required_ DISPOSITION: AGENDA ITEM # Revised 2/05 MEMORANDUM DATE: October 17, 2006 FROM: Dent Pierce, Division Director Public Works John W. King, Sr. I?irect00L- cD ~ '----. Lower Keys OperatIOns /~ Agenda Item - November 15,2006 BOCC Meeting Contract Extension - Synagro Southeast, Inc. TO: RE: On November 30, 2006, the current contract with Synagro Southeast, Inc. will expire with no additional options to renew. A month-to-month contract extension is needed until new standardized contracts with highly specific scopes of work and associated bid forms that meet the approval of the County Attorney, Finance Department and Contract Monitor can be achieved for bidding purposes. On November 19, 2003, the BOCC terminated the contract with American Water Services and entered into a contract with Synagro Southeast, Inc. On September 21,2004, the BOCC renewed the contract for the first of two one-year terms. On October 20, 2004, the BOCC approved to rescind the renewal agreement with Synagro Southeast, Inc., as approved on September 21,2004, and enter into a modified renewal agreement increasing the cost of sludge removal. The BOCC approved the fmal one-year option on November 16, 2005. I hereby request approval to extend the contract with Synagro Southeast, Inc. on a month-to-month basis for the operation and maintenance of the sewage treatment plant at the Plantation Key Government Center. JWK/jbw Enclosures MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Synagro Southeast, Inc. Contract # - Effective Date: 12/01/06 Expiration Date: month to month Contract Purpose/Description: Operation and maintenance of the sewage treatment plant at the Plantation Key. Government Center Contract Manager: Jo B. Walters 4549 Facilities Maint/Stop #4 (Name) (Ext. ) (Department/Stop #) for BOCC meeting on 11/15/06 Agenda Deadline: 10/31/06 CONTRACT COSTS Total Dollar Value of Contract: $ 25,000NTE Current Year Portion: $ Budgeted? YeslZl No D Account Codes: 001-20501-530-340-_ Grant: $ N/A _-_-_-_-- CountyMatch:$ N/A _-_-_-_-_ - - - - ----- ADDITIONAL COSTS Estimated Ongoing Costs: $~yr For: (Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.) CONTRACT REVIEW Changes Date In Needed Division Director YesD NoD Date Out /0 ~~ -D~ County Attorney Comments: OMB Form Revised 2/27/01 Mep #2 CONTRACT EXTENSION Operation and Maintenance Sewage Treatment Plant at the Plantation Key Government Complex TIllS Extension is made and entered into this _day of , 2006 between MONROE COUNlY, FLORIDA, a political subdivision of the State of Florida, and SYNAGRO SOUTHEAST INC., a Florida corporation, to extend the contract between the parties dated November 19,2003, as renewed on October 20,2004 and November 16,2005 (copies of which are incorporated hereto by reference) as follows: WITNESSETH: WHEREAS, the contract dated November 19,2003, between the parties expires on November 30, 2006; and WHEREAS, the parties desire to continue their relationship under the current contract as amended and renewed, on a month to month basis; NOW, THEREFORE, the parties agree as follows: I. Effective December 1, 2006, the contract shall continue on a month to month basis. 2. In all other respects, the original agreement dated November 19, 2003, as renewed on October 20,2004 and November 16,2005, remains in full force and effect. IN WITNESS WHEREOF, the parties have hereunto set their hands and seal, the day and year first written above. (Seal) Attest: DANNY L KOLHAGE, CLERK BOARD OF COUNTY COMMISIONERS OF MONROE COUNTY, FLORIDA By: By: Deputy Clerk SYNAGRO SOUTHEAST, INC. Witness By: Witness Title MONROE COUNTY ATTORNEY APPRO ED AS TO FORM: /. 7 -&..-(/ sUS N M. GRIMSLEY ASSISTA T COUNTY ATTORNEY Date /C:.,., /C;O" RESEWAL A(iREE:\IE:"lT Op~rauoll and Main1l:nallCC S~W;Jg~ Treatment Plant at the Plantation Ke~ Go\ernmenl Compk.... THIS Rt:m:wal ." maue and enlen:u iOll) this Itl'. ua~ of ~o\cmhcr. ~UO) between MO~ROE COU~TY. FLORIDA and SYNAGRO SOUTHEAST I~C. in orUl'r to renew the agreemt'nt b<t\\."een the rartie.. dated November 19. 2003. and renewed on OI:LOba ~O'h. :;004. J~ fl.1II O\\"<; : I. Exerd..e the Cinall.)f two one-year n:newal option.. in al:(ordance to :\rlldC' 1.05 Ii nf the \lrig.inal Cl)ntra,t daled ~ovt:mht'r 191", ::!003. and adju!;t th~ contral:t amount in a(:l...'oruanc.:e with the: per(;enlage change in the (on!'umcr Price Index for all urban (nn"umers. (CPI-L'l for the mo..;l recent twelve month" il\ ailabk. Monthly Operation and Maintenance charges shall incrt:a~ ..t.llq'(, from S7n....3 per monlh In S811K66 per month. Repairs during normal working hou..... heyond the S5(1o.()O limil ...hall inl.'fei.l<;t: from 556.64 per hllur It) S59.,'m per hour. Fmergen~y St:f\ict: ~'alls for \l\'ertime hours shall incrca~' from S 113.29 per hour 10 S II S.60. Sludge remo\'al (~Yi,)nd lh~ tirst four required as reg.ular maintenan('e rer )l'an ..hall in..T~a",1.' fr.:.lm $t).3S ~r gallon. to 50.40 per gallon. The lerm of the rcnewed agreement \vill commence all Dcc~mber tiz... ani I~rminall' ..1n ~o\~mba 30. 2006. :iOn% .t=iC ~r-~ M In all other respect... the original agreement between the partie!' dated "~~r l~ 2003. and as renewed on (Ktober 20. 2004. remains in full fllrcc .md dfc~?iG .." -t(")r- :It I~ WITNESS WIIEREOL tht' partiC's ha\'e hereunhl sel their hamb and ~~ da1P- -~ C> ... Co!:} nd year firsl \\trillen abo\'\~. ~ fT1 N ~ ~ ~ ., 3. ..t. BOARD OF COUNTY COMMISIONERS :~ MO~ROE COl'~ORID..\ ~l'~:\ C'krk . . ~ . ~7f. .~'- \\ 1I1'<:~~ SYNAGRO SOLTHEAST. INC. ~ ./~ .:;> / -.---- ..... ------- U~~ ~ ~.:::. 'i/Q_" ,_.""-,,.~:~:, - . .~~. '.. "'r. .'-- ... 5,.r<<-.J.lo '-.: - ~_ " ' . . .~. _ ~ ".'" :/;jti/'}'" ~~ .5/2. Q/....?1,4r,.~ ~~.'.1... Tille ...., - r- rf\ o '""'1 o ::0 :::0 ["'11 n o :;0 c , SYNAGRQ A ReJjdl/a/s Management Company 09/~/C-s Monroe County Public Wodes Division Facilities Maintenance Department Ann M. Riger, Contract Manager 3583 S. Roosevelt Boulevard Key West, FL 33040 Subject: Plantation Key Government Center Dear Ann, In accordance with Article 1.05 (B) of the original contract dated November 19,2003, we at Synagro wish to renew the contract for the fInal option of a one-year period and wish to increase the contract by the percentage change in the consumer price index for all urban consumers (CPI-U) for the most recent twelve months available. If you have any questions, please give me a call at (305) 289-2204. ~.~ ~ David Evans Senior Operations Manager ; L.~r7'(~~'.T"F.n I ,1\ ::tP~:,p 2005.1 . -" -,,".. .-....-....--- 5198 Overseas Highway, Marathon, FL 33050 · Ph: (305) 289-2204 · Fax: (305) 289-2297 111r.NEWAL AGREEMENT Operation and MaintenanCe Sewage Treatment Plant at the Plantation Key Government Complex TInS Renewal is made and entered into this 20th day of October. 2004 between MONROE COUNTY, FLORIDA and SYNAGRO SOUTHEAST INC. in order to renew the agreement between the parties dated November 19.2003 (a copy which is incorporated hereto by reference), as follows: 1. Exercise the first of two one-year renewal options in accordance to Article 1.05 B of the original contract dated November I~. 2003. and adjust the contract amount in accordance with the percentage change in the Consumer Price Index for all utban consumers (CPI-U) for the most recent twelve months available. 2. Monthly Operation and ~RintenRnee charges shall increase 2.99010 from $750.00 per month to $772.43 per month. Repairs during normal working hours beyond the $500.00 limit shall increase from $55.00 per hour to $56.64 per hour. Emergency service calls for overtime hours shall increase from 5110.00 per hour to $113.29. 3. Sludge removal (beyond the first four required as regular ",Aintt'!ftAnce per year) shall increase from $0.20 per gallon to $0.38 per gallon. 4. The term of the renewed agreement will commence on December I, 2004 and terminate on November 30, 2005. 5. In all other respects, the original agreement between the parties dated November 19, 2003, remains in full force and effect. "'!::='~_" IN WITNESS WHEREOF, the parties have hereunto set their bands and seal, the day ,"",~'.'" ,.'. ",'- . ?""::,.:~/lDd year first written above. I;;.;;'~~J \__:~"'-~ c~:.~. .;:.. I/.-:c/ C"L' 23 1"...... r;"', $ i~..... " - . ",', Clr"- i":; ,(. .' ...... ~.{~,. .!\'" -.j ~( "~'." ,. " ..... '--r> .! " , . .F ,,"",,,.~_': ) ".'. > _'.' I./KOLHAGE, CLERK "'l},.. ~~~_~~. ;.~ r:-~-~.:' :,:.:.~~/.:., ;.::' ", ~",,, '0/"./ ;:/ -c:J ........,. ~ <"'''q . BY:" " b 'C'. ~ Deputy Clerk ~~ -~#~ ~...... /:. . ~U., . .-' . TTON ASSIST' "th ~ fJ"'TTORNIY Date_ 1'j~~T BOARD OF COUNTY COMMISIONERS OF MONROE COUNTY. FLORIDA By: /Ju."-;j (~"' ;::i r ~ ~-:: S?: rOO: : ;3 r, I;-:-~ .. I '...0 n' .. SYNAGRO SOUfHEAST, IN~~.: )~:3 By?:.::~:;;:7 or 5 ~ ~ ~ J;1 Df1t'~n""'" ;+7;J1A,.:7~'" Title 'SYNAGRO A ResiJlkds /danagemm' Company To: Ms. AnJl Rigel' Monroe County BOCC 3583 S. Roosevelt Blvd. Key west, FL33040 From: peony McClure Synsgto South 4512 BritI;IBOOfC Rd. HoustOn. TX 77041 D~: J~30.2004 Subject CPI-U for Urban CustOmers - MsRiger: On _of_ "" ~Y"" support of1l>o _land opplloIlion P"'B""" ond - youlbr1l>o ~ confidence in our abilitY to serve your needs. The __ """"""""........_...........Ibr.....lor 1<\1- of1l>o prioe""'" upon 11>0 - of1ho Consumer Price Index for all Utban eoosumers (CPI-U). p., _ ond In __ ofougolD& oporIllonJ. ~;, --.. _1<\1- to""""- ......... iho ~ Prio< _Ibr oil U_ ~ (CPI-U) publiollod by 11>0 ~of~ S1ldiJli<s Ibr May 2.... The'- publitbCd _ill< 11>0 p<riod May 2003 to May 2004 -.. ...,......J......... -.. of 3.1%. Please see the rCferenced calculation below: J)eScripdoIl Carreat Rate lades ChaaP New lbte MOD tmd MainteDlD.le ~ $1 131.50 3.1% $1.161.61 Rqlairs (routine. prior ~~. Normal woridnI hourS of8:oo a.m. to 5:00 p.m. MoadaY tbfoUIh FridaY. beyood the $500.00 limit. $45.00 3.1% $46.40 E.ma'JCOCY service cell. Overtime mte for bou1'S other thlDthe iiCi1na1 worldnI hourS as stated Ibove. includin& ~ ind bolidll's. S61.so 3.1% S69.59 . w....<ie<Ucatod to"" __ ond striVe to provide pooflssioual ond pcnooa1~'" If you - my question' relating to the aboVe itemS. please feel free to contaCt me at 832-467-1212 ext. 109. . ~frMw i:~~~ccountant Attaebments: CPI-U May 2004 T",1. eon.umer Pr\C81ndeX for All um-n eonsumers (CPt-U): U.s. city awnge. by expencItI.n ~ and commocIlY and ....-..tee group (1982-84-100, unlesS olhefWlN noliId) UMdjuIt8d RIlIIIIW lJnIdiuIl*l pel'CII't c;hange tD s.aonaIY IdjuIIeCI CPI-U 1r1"",,"ICI. ~ May 2004 fYam- peIC8llt c:henII8 from- [Jec:eIlIber 2003 /l.flf. May May /l.flf. Feb. to .... to /l.flf. to 2004 2004 2003 2004 Mer. /l.flf. May EIqIelICIIl:UN ~ AI bll1a ._.............. ..............m........-.......................................... 100.000 188.0 189.1 3.1 0.8 0.5 0.2 0.8 AlIlemI (1961a1oo) ...........................--..........-....-............... 583.2 see.4 Food end ~ .................................................-....-...... 15.384 188.0 188.5 ..0 .8 .2 .2 .9 Food .......-............-........................................-..........-;...... 1U83 184.5 188.1 4.1 .9 .2 .2 .9 Food It homI .......................-.-........................................... 8.258 194.1 188.6 4.9 1.4 .2 .1 1.4 C<<e1118Ild bI*erY pcocIudll .-.......................................... 1.202 205.5 208.1 1.5 .3 .5 .0 .2 ...... pouIry. llIh, and eggs ....-...................................... 2.320 179.2 181.1 10.0 1.1 -.3 .2 1.6 DIIIry and NII!*I pIOdUClI ......m................................-...... .842 174.0 185.9 12.4 8.8 .5 1.6 8.8 Ftullend~ ......................................................... 1.221 228.3 231.7 2.4 1.5 .3 ..6 .7 ......~ ~ and tJeverlIlI8 materi8II .............. .8Ol5 139.7 138.9 -.3 .1 -.2 -.8 .4 Olh<<food It homI .................................................................... 1.78l5 18l5.0 165.4 2.0 .2 .6 .1 .4 SUglrend'" ............................................................. .305 182.6 183.5 .7 .6 -.3 -.1 .3 F'" 8Ild olII ..............-...................................................- .261 188.2 169.4 7.5 1.9 2.5 -.1 1.7 CllIW tlOdI .......................-...-.........-...-.......................- 1.210 180.4 180:1 1.3 -.2 .4 .1 .2 Olh<< n......leOUI foods 1 2 ...........-.........-.......-...... .308 110.5 110.8 .6 .3 2.0 -1.1 .3 Food ~ from homI1 ..........-........................................... 6.127 188.2 188.7 2.9 .3 .2 .2 .3 CllIWfood tIIII1Ifrom home 2 ...............................-........... .332 124.7 124.8 3.6 .1 .2 .8 .2 AIcoIlOIC IleYel'IIOM 1 .........................-................................. 1.001 191.8 191.7 2.7 -.1 .5 .5 -.1 HclUIInll ............................................................................-...... 42.089 188.4 188.9 2.4 .3 .3 .4 .4 SheIIItr ...........................................................-........-..-.......- 32.878 218.4 218.7 2.8 .1 .6 .IS .2 ~.:=: .:::::::::::::::::::::::::::::::::::::::::: 8.167 2011.7 210.2 2.6 .2 .2 .3 .3 2.954 129.1 128.2 5.8 -.7 3.8 1.6 .2 ()wneI'I' equMMnt I'Iri d primaIY ~ S 4 ................. 23.383 223.9 224.3 2.4 .2 .3 .4 .2 TenIIllI' 8Ild IIoUMhCIId ~ 1 2 ..-............................. .385 115.7 118.1 1.6 .3 .1 .5 .3 FUIlI8Ild ~ .................................................................... 4.741 155.8 158.1 2.9 1.6 -1.1 .5 1.1 FueII ...............-.................-.........................-...............-.... 3.830 138.0 140.4 2.1 1.7 .1.4 .5 1.1 Full 01 and olJwl'fuelI ..............................-..............-...... .231 148.8 150.4 9.8 .5 .1.8 -.1 3.1 Gel (piped) 8I1d elIdIIcIlY s ..........-...............-..........-.... 3.589 144.2 148.8 1.6 1.8 -1.4 .5 1.1 w.. 8Ild .... and lrMh CllllIIlClIOn.w- 2 ................. .910 122.3 123.3 l5.9 .8 .1 .3 .8 HouIe/IlIld fl.niIhInOI end opIl1lIolII ............-..........-...... 4.470 128.8 125.4 ..7 -.2 ..2 ..2 .2 t\clUMhOld apII'lIllonS 1 2 .........-.....................................-. .704 123.8 124.0 2.2 .2 .2 .2 .2 AllI*'lIl .-...............-..-.................................-...................... 3.875 124.3 123.4 .7 -.7 .9 .0 .3 *,', MdbOyl' ~ ................................-...................... 1.C124 120.3 120.3 .7 .0 ..1 ..2 .3 women', end gIr1I' 8PPIflIl ..-.......................-....................... 1.704 118.7 118.9 1.2 .1.5 1.5 .1 .8 InfIlD' and lDCIdltII' eppareI ................................................. .195 120.5 118.1 -".4 -2.0 .4 -.8 -1.8 f(xJtWllar .........-........................................................-........... .778 121.0 120.3 .5 -.6 1.0 -.2 -.3 TI_"-WIoI. ............._.....~.._._......u._........................................... 18.881 181.8 185.2 5.1 2.1 1.1 .1 1.7 ~ .,........~ ............-.................-.....-.................... 15.817 157.9 181.15 s.s 2.3 1.2 .0 2.0 New 8Ild lII8d malOr veNc1e12 .........-..........-.................... 7.912 84.1 94.0 -3.5 -.1 -.2 .0 .0 New wt1IcIeI ...................................................................... 4.817 137.6 137.4 -.5 -.1 ..1 ..1 .1 UIed c:ers and trUClca 1 ..............................-.......-.....-.... 2.007 131.3 131.8 -1G.9 .4 .2 .1 .4 McIOrl-' -.-........-..............-...........................-............. 3.249 155.9 170.5 29.9 9.4 5.l5 -.3 8.0 GaoIne (.. typeS) .-..........-.....................-...................... 3.222 155.3 188.8 30.0 9.3 5.5 -.3 8.1 ... WIhlcIe pert118Ild equlpmInt 1 ..........-..................... .389 107.9 107.9 .1 .0 -.2 .1 .0 ...whIcIa ~ 8Ild rwpeir ................................. 1.349 198.6 1..0 2.1 .2 .3 .2 .2 P\j)Ilc 1I...,.on.tlon ...............................-.....-...................-. 1.064 211.5 210.7 ..4 ..4 .3 .4 .1.3 MecIlcal CIAl --.......................................................... ...~........ 8.074 306.3 3Q9.0 4.6 .2 .6 .4 .3 MIcIc8I CIAlo;Oolll,,odIIIeI .........................-...-...................... 1.499 268.l5 289.1 2.8 .2 .2 .4 .2 MIdIcIil CIR IlIfI/iOeI ..........................................-................ 4.575 319.2 319.8 5.1 .2 .7 .3 .3 PI_flU- ......,.. .....................................-.-...-............ 2.749 270.6 27G.9 3.8 .1 .7 .3 .2 Ho.pbI and relIIIed ...,.. 3 .u..u......~...........u............H._.... 1.489 413.6 414.6 U .2 .5 .3 .5 See 1oolnCIliII- end d.... , SYNAGRQ .A R~MIRUI~C~ llDU11y 30, 2004 Monroe CowIty Public Works Division Ann M. Riser, CoatrICt Mouitor R.e: Old Mariners Hospital WW'1P Dear AIm, In accordaDce with Il'tide 6 Bottlle Qrisj..t coottact dated May IS, 2002, we at SyDIJP'O wish to reaew tbeooahaA. tbr the secoad aDd final reaewal period. If you haw Ill)' questioDI please give me a call at 8S2-3115. ~~v Tyler Horst Project ),f...... F:. .,"~D I F EB O~. 2003 .. 'BY: ~ 5198 0.- ~ 11'-'-0, PI. 33CnO · Ph: (305) 289-2204 · Fa: (30) 289-i297 CONTRACf THIS AGREEMENT, made and entered into this 19th day of November, 2003, A.D., by and between MONROE COUNTY, FLORIDA, (hereinafter sometimes call the "owner"), and Synagro Southeast, Inc. (hereinafter called the "Contractor"). WITNESSED: That the parties hereto, for the consideration hereinafter set forth, mutually agree as follow: 1.00 THE CONTRACT The contract between the owner and the contractor, of which this agreement is a part, consists of the contract documents. 1.01 THE CONTRACT DOCUMENTS The contract documents consist of this agreement, the specifications, all change orders, and any addenda issued hereafter, any other amendments hereto executed by the parties hereafter, together with the bid proposal and all required insurance documentation. 1.02 SCOPE OF THE WORK The Contractor shall provide operation & maintenance, repairs, and all services to comply with DEP requirements, including all necessary supplies and equipment required in the performance of same, and perform all of the work described in the Contract Specifications entitled: c! I::) ~ -'1 ~.~ p:: Q ,., ~ :i: ,.,., 1"'I'Jf;-< ("') 0 g ;..,:- :::: ..." c:-~ ''1 C ~:vo ;:0 -In r- ." :<:'""1::::: ~ ~ .,,;:t:.. . ., ,..- C? - n And his bid dated May 13, 2003, each attached hereto and incorpor!ted"as pirt @ this contract document. The specifications shall serve as minimum c6Rtra'a standards, and shall be the basis of inspection and acceptance of all the work. Operation & Maintenance Sewage Treatment Plant PmntationKeyGovernmentComprex Monroe County, Plantation Key, Florida 1.03 THE CONTRACT SUM The County shall pay to the Contractor for the faithful performance of said service on a per month in arrears basis on or before the 30lb day of the following month in each of twelve (12) months. The Contractor shall invoice the County monthly for sewage treatment plant operation and maintenance performed under the Specifications contained herein. The Contract price (as slated in the Contractor's proposal) must be invoiced as follows: · Monthly Operation and Maintenance Services (as outlined in the contract specifications) · Repairs (routine, prior approval required). Normal working hours of 8:00 a.m. to 5:00 p.m. Monday through Friday, beyond the $500.00 limit $750.00 per month $55.00 per hour . Emergency service call. Overtime rate for hours other than the normal working hours as stated above, including weekends and holidays $110.00 per hour . Handling fee for parts required for operation, maintenance, repairs, and emergency service Cost + 20 % . Sludge removal (beyond four per year required as regular maintenance) $0.20 per gallon 1.04 CONTRACTOR'S ACCEPTANCE OF CONDITIONS A The Contractor hereby agrees that he has carefully examined the site and has made investigations to fully satisfy himself that such site is correct and a suitable one for this work and he assumes full responsibility therefore. The provisions of the Contract shall control any inconsistent provisions contained in the specifications. All specifications have been read and carefully considered by the Contractor, who understands the same and agrees to their sufficiency for the work to be done. Under no circumstances, conditions, or situations shall this Contract be more strongly construed against the Owner than against the Contractor. B. Any ambiguity or uncertainty in the specifications shall be interpreted and construed by the Owner, and his decision shall be final and binding upon all parties. C. The passing, approval, and/or acceptance by the Owner of any of the services furnished by the Contractor shall not operate as a waiver by the Owner of strict compliance with the terms of this Contract, and specifications covering the services. Failure on the part of the Contractor, immediately after Notice to Correct shall entitle the Owner, if it sees fit, to correct the same and recover the reasonable cost of such replacement and/or repair from the Contractor, who shall in any event be jointly and severally liable to the Owner for all damage, loss, and expense caused to the Owner by reason of the Contractor's breach of this Contract and/or his failure to comply strictly and in all things with this Contract and with the specifications. 1.05 TERM OF CONTRACfJRENEW AL A This contract shall be for a period of one (1) year, commencing December 1, 2003 and terminating November 30,2004. B. The Owner shall have the option to renew this agreement after the first year, and each succeeding year, for two additional one year periods. The Contract amount agreed to herein might be adjusted annually in accordance with the percentage change in the Consumer Price Index for all urban consumers (CPI-U) for the most recent twelve (12) months available. 2 1.06 HOLD HARMlESS The Contractor 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 the Contractor or any of its Subcontractor(s) in any tier, occasioned .by the negligence, errors, or other wrongful act of omission of the Contractor or its Subcontractors in any tier, their employees, or agents. In the event the completion of the project (to include the work of others) is delayed or suspended as a result of the Contractor's failure to purchase or maintain the required insurance, the Contractor shall indemnify the County from any and all increased expenses resulting from such delay. The first ten dollars ($10.00) of remuneration paid to the Contractor is for the indemnification provided for above. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. 1.07 INDEPENDENT CONTRACTOR At all times and for all purposes under this agreement the Contractor is an independent contractor and not an employee of the Board of County Commissioners for Monroe County. No statement contained in this agreement shall be construed so as to find the contractor or any of his/her employees, contractors, servants, or agents to be employees of the Board of County Commissioners for Monroe County. 1.08 ASSURANCE AGAINST DISCRIMINATION The Contractor shall not discriminate against any person on the basis of race, creed, color, national origin, sex, age, or any other characteristic. or aspect which is not job related, in its recruiting, hiring, promoting, terminating, or any other area affecting employment under this agreement or with the provision of services or goods under this agreement. 1.09 ASSIGNMENT/SUBCONTRACT The Contractor shall not assign or subcontract its obligations under this agreement, except in writing and with the prior written approval of the Board of County Commissioners for Monroe County and Contractor, which approval shall be subject to such conditions and provisions as the Board may deem necessary. This paragraph shall be incorporated by reference into any assignment or subcontract and any assignee or subcontractor shall comply with all of the provisions of this agreement. Unless expressly provided for therein, such approval shall in no manner or event be deemed to impose any obligation upon the board in addition to the total agreed-upon price of the services/goods of the contractor. 3 1.10 COMPUANCE wrm lAW In providing all services/goods pursuant to this agreement, the contractor shall abide by all statutes, ordinances, rules and regulation pertaining to, or regulating the provisions of, such services, including 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 contract immediately upon delivery of written notice of termination to the contractor. 'The contractor shall possess proper licenses to perform work in accordance with these specifications throughout the term of this contract. 1.11 INSURANCE Prior to execution of this agreement, the contractor shall furnish the Owner Certificates of Insurance indicating the minimum coverage limitations as indicated by an "X" on the attached forms identified as INSCKlST 1-5, as further detailed on forms WC1, GL1, VL1, and POLl, each attached hereto and incorporated as part of this contract document, and all other requirements found to be in the best interest of Monroe County as may be imposed by the Monroe County Risk Management Department. 1.12 FUNDING A V AIIABIUTY In the event that funds from Facilities Maintenance Contractual Services are partially reduced or cannot be obtained or cannot be continued at level sufficient to allow for the purchase of the services/goods specified herein, this agreement may then be terminated immediately at the option of the Board of County Commissioners by written notice of termination delivered in person or be mail to the contractor. The Board shall not be obligated to pay for any services provided by the contractor after the contractor has received written notice of termination. 1.13 PROFESSIONAL RESPONSmIUTY 'The Contractor warrants that it is authorized by law to engage in the performance of the activities encompassed by the project herein described, subject to the terms and conditions set forth in these contract documents The provider shall at all times exercise independent, professional judgment and shall assume professional responsibility for the services to be provided. Continued funding by the Owner is contingent upon retention of appropriate local, state, and/or federal certification and/or licensure of contractor. 1.14 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 Facilities Maintenance 3583 S. Roosevelt Blvd. Key West, FL 33040 FOR CONTRACI'OR Synagro Southeast, Inc. 5198 Overseas Highway Marathon, FL 33050 1.15 CANCELlATION 4 A) The County may cancel this contract for cause with seven (7) days notice to the contractor. Cause shall constitute a breach of the obligations of the Contractor to perform the services enumerated as the Contractor's obligations under this contract. B) Either of the parties hereto may cancel this agreement without cause by giving the other party sixty (60) days written notice of its intention to do so. 1.16 GOVERNING LAWS This Agreement is governed by the laws of the State of Florida Venue for any litigation arising under this Agreement must be in Momoe County, Florida. In the event of any litigation. the prevailing party is entitled to reasonable market value attorney's fees and costs. 1.17 CONTINGENCY STATEMENT Monroe County's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Monroe County Board of County Commissioners. IN WITNESS WHEREOF the parties hereto have executed this Agreement on the day and date first written above in four (4) counterparts. each ofwbich shall, without proof or accounting for the .~~:'"Parts, be deemed an original contract. =J~~,\OUlAGF.ClElK :Z:~~~ ;ct :e:'. . ': =/l By:J6~t. ~~ ..Deputy Clerk By: L~)d. >n ~ Mayor/Chairman Date: /1-/9-03 (SEAL) Attest: BY~ TWe: err ~. , , By: U~-'--E> ../ WITNESS Trtle: ~b ~ f CONTRACfOR SYNAGRO SOUTHEAST, INC. Bl:- .~ Title: 5;7 0/> ~~g",\ 5 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: November 15, 2006 Division: Housing & Community Development Bulk Item: Yes X No Department: Housing & Community Development Staff Contact Person: James R. "Reggie" Paros AGENDA ITEM WORDING: Approval of payment to Jerry Coleman, P.L., for professional legal services rendered regarding Workforce Housing and other Monroe County issues, in the total amount of$28,450.00 ITEM BACKGROUND: The attached Invoice #10334, in the amount of$28,450.00, covers the period of August 1 - 31, 2006. PREVIOUS RELEVANT BOCC ACTION: On August 17,2005, Board approved a Standard Legal Services Agreement No. CA Y-CON-2005-07-01 between Monroe County and Jerry Coleman for Legal Services for the Workforce Housing Committee. On January 18,2006, Board approved a First Amendment to Standard Legal Services Agreement No. CA Y-CON-2005-07-01 (Consulting/Advising) between Monroe County and Jerry Coleman, Esq. to provide for John Rockwell, Esq, to assist Mr. Coleman in providing legal services to Monroe County. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval. TOTAL COST: $28,450.00 BUDGETED: Yes X No COST TO COUNTY: $28,450.00 SOURCE OF FUNDS: General Fund Ad Valorem REVENUE PRODUCING: Yes No X AMOUNT PER MONTH Year APPROVED BY: County Atty PENDING OMB/Purchasing N/A Risk Management _N/A DOCUMENTA TION: Included X Not Required_ DISPOSITION: AGENDA ITEM # Jerry Coleman, P.L. 201 Front Street Suite 203 Key West, FL 33040 Invoice submitted to: Monroe County Housing and Community Development c/o Stacy DeVane, Marathon Airport 9400 Overseas Highway, Suite 200 Marathon FL 33050 9/5/2006 October 17, 2006 Workforce Comm. Invoice # 10334 Professional Services Date Description 8/1/2006 Travel to and conference with M. McPherson and C. Bull JC Messages to D. Spehar JC Review/analyze DCA06-0R-157 appeal petition JC Telephone call to F. Gross re 8/14 JC Return telephone call to J. Sanders re affidavit JC JC Telephone call with J. Sanders re appeal and 7/16 BOCC agenda; telephone call with S. DeVane Meet with M. McPherson JC Message from R. Paros and return telephone call to J. Sanders JC Return telephone call to Dan Evans JC Return telephone call to Dan Evans JC Telephone call to R. Paros; e-mails re resolutions and BOCC agenda JC Hrs/Rate 0.50 250.00/hr 0.10 250.00/hr 0.30 250.00/hr 0.10 250.00/hr 0.10 250.00/hr 0.70 250.00/hr 1.00 250.00/hr 0.20 250.00/hr 0.20 250.00/hr 0.20 250.00/hr 0.40 250.00/hr Amount 125.00 25.00 75.00 25.00 25.00 175.00 250.00 50.00 50.00 50.00 100.00 305-292-3095 Monroe County Housing and Community Development Page 2 Date Description H rs/Rate Amount 8/1/2006 Telephone calls with and e-mails to S. DeVane. T. Willi, S. Hutton and T. Suber JC re 8/14 0.60 250.00/hr 150.00 8/2/2006 Telephone call with C. Burnett- KCB 0.10 25.00 JC 250.00/hr Telephone call with N. Anderson-Layton 0.10 25.00 JC 250.00/hr Message to M. Rosch 0.10 25.00 JC 250.00/hr Message to C. Sante-Islamorado; Agenda prep- 8/14; telephone call with M. 0.10 25.00 JC Rosch 250.00/hr Telephone call with D. Swift re Park Place 0.10 25.00 JC 250.00/hr Meeting -agenda prep- return e-mail to K. Thacker 0.40 100.00 JC 250.00/hr Telephone call with O. Trepanier NO CHARGE $75 0.30 NO CHARGE JC 250.00/hr Message from E. Hughes re lease 0.10 25.00 JC 250.00/hr Return message from J. Sanders 0.10 25.00 JC 250.00/hr Telephone call with S. Hutton and return message to E. Hughes 0.10 25.00 JC 250.00/hr Telephone call with D. Windle 0.20 50.00 JC 250.00/hr Telephone call from J. Sanders 0.50 125.00 JC 250.00/hr 8/4/2006 Message from C. Bull re 8/14 0.10 25.00 JC 250.00/hr Telephone call with R. Jetton re 8/14 0.30 75.00 JC 250.00/hr Conference call with 1. Suber and D. Vacca 1.40 350.00 JC 250.00/hr Monroe County Housing and Community Development Date Description 8/5/2006 Return e-mail to J. Sanders re purchase agreement JC 8/8/2006 Return telephone call to A. Crean NO CHARGE $25 JC Return message to C. Sante re 8/14 JC JC Draft 8/14 Agenda; emails; telephone call to Layton 8/9/2006 E-mails from J. Sanders and R. Paros JC Message to R. Paros JC JC Review Land Acquisition Master Plan; telephone call to M. Rosch; e-mails to M. Rosch Message to T. Suber JC E-mail to T. Willi re 8/14 JC 8/10/2006 Telephone call from J. Sanders JC Return telephone call from T. Suber re 8/14 JC 8/11/2006 Online agenda preparation and assembly of for 8/16/06 SOCC ; preparation and JC assembly of items Telephone call to D. Spehar JC Telephone call from T. Symroski re 9.5-120.4 JC Telephone call with T. Willi JC Telephone call from E. Swift JC Hrs/Rate Page 3 Amount 0.20 250.00/hr 0.40 NO CHARGE 250.00/hr 0.10 250.00/hr 4.30 250.00/hr 0.20 250.00/hr 0.10 250.00/hr 0.60 250.00/hr 0.10 250.00/hr 0.10 250.00/hr 0.20 250.00/hr 0.40 250.00/hr 0.90 250.00/hr 0.10 250.00/hr 0.50 250.00/hr 0.10 250.00/hr 0.20 250.00/hr 50.00 25.00 1,075.00 50.00 25.00 150.00 25.00 25.00 50.00 100.00 225.00 25.00 125.00 25.00 50.00 Monroe County Housing and Community Development Page 4 Date Description Hrs/Rate Amount 8/11/2006 Telephone call with D. Rice re DCA meeting update 0.60 150.00 JC 250.00/hr Meet with D. Spehar and M. Rosch re 8/14 2.60 650.00 JC 250.00/hr Return telephone call from B. Reid 0.50 125.00 JC 250.00/hr Message from and message to E. Koconis re 8/14 0.10 25.00 JC 250.00/hr Meet with E. Swift and meeting prep 0.50 125.00 JC 250.00/hr 8/12/2006 8/14 meeting preparation; return e-mail to Marathon 0.40 100.00 JC 250.00/hr 8/14 meeting prep; em ails 0.60 150.00 JC 250.00/hr Research re Green Swap DCA case 0.30 75.00 JC 250.00/hr Draft meeting materials 3.10 775.00 JC 250.00/hr Return e-mail to K. Sorenson re CWHIP 0.10 25.00 JC 250.00/hr 8/13/2006 Telephone call from D. Spehar 0.10 25.00 JC 250.00/hr Review Spehar/Willi notes re 8/14 1.10 275.00 JC 250.00/hr Continue meeting prep 2.10 525.00 JC 250.00/hr Preparation and e-mails re meeting; review and analyze LHAP Amendment 2 2.00 500.00 JC 250.00/hr 8/14/2006 Message to G. Kenson 0.10 25.00 JC 250.00/hr Travel to meeting with D. Spehar 1.30 325.00 JC 250.00/hr Monroe County Housing and Community Development Page 5 Date Description H rs/Rate Amount 8/14/2006 Meeting prep 1.30 325.00 JC 250.00/hr DCA Meeting 3.00 750.00 JC 250.00/hr Travel from Marathon 1.30 325.00 JC 250.00/hr Telephone call with various Sorenson, Siebert, T. Willi 1.30 325.00 JC 250.00/hr Return telephone call to D. Craig re 9.5-120.4 0.10 25.00 JC 250.00/hr 8/15/2006 Travel to Marathon SFRPC 1.30 325.00 JC 250.00/hr Travel to Hollywood SFRPC 4.00 1,000.00 JC 250.00/hr SFRPC meeting; Travel from meeting 7.90 1,975.00 JC 250.00/hr 8/16/2006 Travel to and prep for SOCC executive session 2.50 625.00 JC 250.00/hr Executive session SOCC re appeal 0.60 150.00 JC 250.00/hr SOCC meeting 1.90 475.00 JC 250.00/hr SOCC meeting 1.50 375.00 JC 250.00/hr SOCC meeting NO CHARGE -$625 2.50 NO CHARGE JC 250.00/hr Travel from SOCC meeting 2.50 625.00 JC 250.00/hr 8/17/2006 Meet with C. Sull re affordable CWHIP and evacuation 1.00 250.00 JC 250.00/hr Telephone call to J. Papa re SFRPC meeting 0.10 25.00 JC 250.00/hr Monroe County Housing and Community Development Page 6 Date Description JC Meet with J. Sanders re Comp Plan LDR changes Hrs/Rate Amount 0.50 125.00 250.00/hr 1.00 250.00 250.00/hr 0.10 25.00 250.00/hr 0.10 25.00 250.00/hr 0.10 25.00 250.00/hr 0.30 75.00 250.00/hr 0.10 25.00 250.00/hr 0.40 100.00 250.00/hr 0.50 125.00 250.00/hr 2.50 625.00 250.00/hr 2.00 NO CHARGE 250.00/hr 0.10 25.00 250.00/hr 2.00 500.00 250.00/hr 0.10 25.00 250.00/hr 0.20 50.00 250.00/hr 0.10 NO CHARGE 250.00/hr 8/17/2006 Research and e-mails to S. Hutton and T. Symroski re height JC JC Message to G. Kenson re Miller copies Telephone call to G. Kenson re Miller copies JC 8/18/2006 Telephone call to D. Spehar re Habitat JC Meet with Habitat re Big Coppitt project JC Telephone call to B. Calhoun re Habitat JC CWHIP definitions draft and e-mail to M. Castillo JC CWHIP rule prep JC 8/19/2006 Meeting prep; review statute rule; CWHIP- draft height comp plan JC Meet with Ed Block NO CHARGE -$500 JC 8/20/2006 E-mail to W. Medford re CWHIP JC Travel to CWHIP TAMPA JC Return e-mail to L. Erskine re closings JC Online research re inclusionary JC 8/21/2006 Return telephone call to Sarah Blumenthal NO CHARGE -$25 JC Monroe County Housing and Community Development Page 7 Date Description Hrs/Rate Amount 8/21/2006 Telephone call from J. Sanders re Appeal and height change 0.40 100.00 JC 250.00/hr E-mail from N. Petrick re land donation LDR 0.10 25.00 JC 250.00/hr CWHIP meeting 2.40 600.00 JC 250.00/hr Travel from CWHIP Tampa meeting 5.00 1,250.00 JC 250.00/hr 8/22/2006 Telephone call to T. Symroski re evacuation and height 0.40 100.00 JC 250.00/hr Telephone call to K. Metcalf 0.10 25.00 JC 250.00/hr Telephone call from J. Sanders 0.30 75.00 JC 250.00/hr Online research re CWHIP docs 0.20 50.00 JC 250.00/hr Messages to R. Ogburn 0.20 50.00 JC 250.00/hr Conference call with M. Rosch and T. Marr 0.50 125.00 JC 250.00/hr Return telephone call to C. Hamlin re Tradewinds 0.10 25.00 JC 250.00/hr Meet with M. DiGennaro re various NO CHARGE -$125 0.50 NO CHARGE JC 250.00/hr Meet with R. Paros re various 0.50 125.00 JC 250.00/hr Meet with A. Joulani and J. Papa re evacuation and height 0.50 125.00 JC 250.00/hr Meet with J. Sanders re appeal 0.30 75.00 JC 250.00/hr Prepare inclusionary article 0.30 75.00 JC 250.00/hr Monroe County Housing and Community Development Page 8 Date Description H rs/Rate Amount 8/22/2006 Litigation documents; e-mail to J. Sanders JC Telephone call with J. Sanders 1.00 250.00/hr 0.30 250.00/hr 0.10 NO CHARGE 250.00/hr 250.00 75.00 JC 8/23/2006 Message from and return telephone call to E. Block NO CHARGE -$25 JC Return telephone call from J. Cook NO CHARGE -$25 0.10 NO CHARGE 250.00/hr JC Review R. Garvoille e-mail 0.10 25.00 250.00/hr 1.00 250.00 250.00/hr 0.30 75.00 250.00/hr JC Telephone call with K. Metcalf; return e-mail to R. Garvoille JC 8/24/2006 Telephone call with E. Swift; Celeste BOCC 1 JC Lunch meeting with Tom Tuell NO CHARGE -$500 2.00 NO CHARGE 250.00/hr JC Return telephone call to D. Spehar 0.40 100.00 250.00/hr 0.10 25.00 250.00/hr 0.10 25.00 250.00/hr 2.70 675.00 250.00/hr 1.70 425.00 250.00/hr 0.40 100.00 250.00/hr JC Return e-mail to N. Cassell re Metcalf JC Return message to M. Rosch JC Task Force prep; e-mail to various re same; online research JC 8/25/2006 Task Force prep; e-mail various re same; CWHIP; e-mails various JC Message to S. McCoy; telephone call to R. Paros re KW appearance for JC meetings; telephone call with S. McCoy Telephone call from A. Henson re Carlisle and CWHIP NO CHARGE-$50 0.20 NO CHARGE 250.00/hr JC Return e-mail to K. Naylor Carlisle 0.10 250.00/hr 25.00 JC Monroe County Housing and Community Development Page 9 Date Description Hrs/Rate Amount 8/25/2006 Return telephone call to R. Paros 0.50 125.00 JC 250.00/hr E-mail from S. Hutton; return telephone call to S. Hutton 0.10 25.00 JC 250.00/hr Return e-mail to S. Seibert and R. Paros re CWHIP 0.10 25.00 JC 250.00/hr E-mail to R. Paros and M. Rosch re Carlisle 0.10 25.00 JC 250.00/hr E-mail to C. Burnett re phones KCB 0.10 25.00 JC 250.00/hr Return telephone call to C. Burnett re phones 0.10 25.00 JC 250.00/hr E-mail from M. Rosch re Falcon lease 0.10 25.00 JC 250.00/hr Return telephone call to M. Rosch re Falcon 0.10 25.00 JC 250.00/hr Task Force Meeting prep; e-mail to members 1.50 375.00 JC 250.00/hr Task Force prep 0.30 75.00 JC 250.00/hr 8/26/2006 Telephone call with G. Patton re height and various 0.30 75.00 JC 250.00/hr Telephone call with and e-mail to J. Sanders re density bonus case; evacuation 0.20 50.00 JC 250.00/hr 8/28/2006 Telephone call to R. Paros 0.50 125.00 JC 250.00/hr Telephone call with J. Sanders and conference call with J. Sanders and J. 0.60 150.00 JC Sharkey re CWHIP 250.00/hr Conference call with J. Sanders 0.50 125.00 JC 250.00/hr Message to R. Shine with J. Sanders 0.10 25.00 JC 250.00/hr Monroe County Housing and Community Development Page 10 Date Description H rs/Rate Amount 8/28/2006 Message from and return telephone call to and e-mail to N. Petrick re 0.10 25.00 JC continuance 250.00/hr Return e-mail to KW re SFRPC contract 0.10 25.00 JC 250.00/hr Telephone call to T. Tuell re article NO CHARGE -$25 0.10 NO CHARGE JC 250.00/hr Telephone call to D. Spehar re housing issues 0.40 100.00 JC 250.00/hr e-mails to T. Willi and M. Castillo re LHAP research re Carlisle request 1.00 250.00 JC 250.00/hr 8/29/2006 Review Carlisle Sea Grape lease 1.00 250.00 JC 250.00/hr Online research re regulatory barriers 0.20 50.00 JC 250.00/hr Telephone call with J. Sanders; e-mail to various 0.90 225.00 JC 250.00/hr Telephone call to K. Naylor - Carlisle 0.10 25.00 JC 250.00/hr Telephone call with J. Sanders re PRO density appeal 0.60 150.00 JC 250.00/hr Conference call with and telephone call with K. Naylor and J. Sanders 0.50 125.00 JC 250.00/hr Revise Sea Grape to V1 0.10 25.00 JC 250.00/hr Continue revise Sea Grape V1 0.50 125.00 JC 250.00/hr Telephone call from S. Seibert; e-mails to S. Seibert re CWHIP and various 1.40 350.00 JC 250.00/hr Return e-mail to K. Naylor re height 0.10 25.00 JC 250.00/hr Telephone call with J. Sanders; online research re statute 1.10 275.00 JC 250.00/hr Monroe County Housing and Community Development Page 11 Date Description H rs/Rate Amount 8/29/2006 Online research with J. Sanders re 380.0552 0.20 50.00 JC 250.00/hr 8/30/2006 Telephone call with F. Gross re height limit; e-mail to F. Gross 0.10 25.00 JC 250.00/hr Sea Grape lease 1.90 475.00 JC 250.00/hr Continue on Sea Grape lease 2.20 550.00 JC 250.00/hr Telephone call with M. Rosch 0.40 100.00 JC 250.00/hr Telephone call from and e-mail from J. Sanders re PRO density appeal; review 0.40 100.00 JC PRO; e-mail to and telephone call to J. Sanders 250.00/hr Sea Grape and CWHIP- Conference call with M. Rosch and M. Puto; e-mails 0.50 125.00 JC 250.00/hr Online research Sea Grape; e-mails Marathon and telephone call with M. Rosch 0.50 125.00 JC 250.00/hr E-mail from J. Sanders and telephone call to re density appeal 0.30 75.00 JC 250.00/hr CWHIP online research; e-mail to Marathon 0.50 125.00 JC 250.00/hr E-mail to Florida Housing 0.10 25.00 JC 250.00/hr 8/31/2006 Telephone call with D. Spehar re density appeal 0.10 25.00 JC 250.00/hr Telephone call to C. Bull re CWHIP and Sea Grape 0.20 50.00 JC 250.00/hr Meet with J. Sanders re Comp Plan Amendment, density bonus appeal, litigation 1.40 350.00 JC planning; online research re ordinance 250.00/hr Message from & return telephone call to MCHA 0.10 25.00 JC 250.00/hr Telephone call with M. Castillo re Carlisle inquiry 0.10 25.00 JC 250.00/hr Monroe County Housing and Community Development Page 12 Date Description Hrs/Rate Amount 8/31/2006 Message from and telephone call to K. Metcalf JC 0.10 250.00/hr 25.00 Telephone call to K. Metcalf re evacuation 0.10 250.00/hr 0.10 NO CHARGE 250.00/hr 25.00 JC JC Return telephone call to and telephone call to A. Henson re CWHIP NO CHARGE -$50 Return e-mail to A. Henson re CWHIP NO CHARGE-$25 0.10 NO CHARGE 250.00/hr JC Return e-mail to T. Willi re Carlisle form 0.10: 250.00/hr 25.00 JC Draft T. Willi form; e-mail to T. Willi 1.70 250.00/hr 425.00 JC 122.30 $28,450.00 $28,450.00 Subtotal of charges For professional services rendered BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: November 15,2006 Division: Budget & Finance Bulk Item : Yes No Department: Office of Management & Budget Department Contact: Emie Coughlin AGENDA ITEM WORDING: Approval of various resolutions for the transfer of funds and resolutions for the receipt of unanticipated revenue. ITEM BACKGROUND: See attached schedule of items. PREVIOUS RELEVANT BOCC ACTION: See attached schedule of items. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval TOTAL COST: COST TO COUNTY: N/A N/A BUDGETED: Yes SOURCE OF FUNDS: No N/A REVENUE PRODUCING: Yes _ NO,=9;/AMOUNT PER MONTH_ Year_ APPROVED BY: County Atty ~ ~tJMB/purchasing l Risk Management N/A DIVISION DIRECTOR APPROVAL: S~~,~ Salvatore R. Zappulla DOCUMENTATION: Included To Follow~ Not Required_ DISPOSITION: Revised 1/03 AGENDA ITEM # ~ " " o 'w <Il 'E E o (j .i?:' " ::l 8i '0 'E .. o OJ .i?:' " ::l o (j " e " o ::;: " ; - o Cl ,S Q; " ::;: <0 o o N .,; " .0 E " > o z '" ; .2; <Ill II (; <Il '" cr: '0 '" :; '0 '" .J:: U. CJl' C' i I ~ ~ Ie: !g I; ~ I~ l;;i 8 i'j ~ Ri :J; ~ IS' I~ ~ ;;; ; Vi '8 :1i in g; Ji 8 i ~ IIIII I! I~ ! I I II I I ~ ~ II II ~ II ~ ~ I " C 0. Z " C 0. Z C 0. ~ ~ ~ '" i II I I i I I i i ! i i I 'I' ,II~ 1[lp ~I () () <i U ~ ~ g i3 :i' ~ A i I I I~ Il g '~ o o 0. ~ 13 0. () ro " ~ I I i !'1 do." do.~' I 2 21 g: "<. U B ~ g g. "2: 0 ~ <i oc ~ ~ ~ iU f- ~ Cl Z ::> o 0: " IG lai ::e UJ !:: " OJ iQ) '0 '0 E "f:1 S g G: 0. ~ c 'i3~ ~ ~ 4: ~ o :g () <t ~ '0 C ~ c i <i' 8 i i~ I~ g :g 4:, <i <i i i ;:. 0. f- , 0. f- , , , ' I i i i , , , ! 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IU I~i ,~I i' i~' I~ ~~, I~III'~ ~ ~ '~ ~" ~ ~,j~ '~, ,~, ~ I' II' , f" I III I 81 Ii 'i:1,~i 11'1111111 i Ii i ; i ; i ro i jro; ro ro i lill Iii Iii i ro ~ j~:l;{ ;{;{ ;{ I~ 1t! 11t ;{ M ,vl .... <Il '" ~:: M I:! m ,'::::: ~ N I~ 1f111~11:'.l ~ I~ I i~1 1.2 i~ J' "" ' " c u: I ~II g I~ I~ ! ~ e I~ '" UJ !:: IN j~ I~ to 'v I;;; '0 C ~ "- " ro " u " o I ~ ~ '::< ~ R ~ Vi ji:l ~ I~ 1,0 1,0 II ~ ~ 'il ~ $:' ! 1"1 II, ! !tl i I~i I~I ffi c ~ ~ i ujlJJ~ g ;;; :)J l::l ~ 1::1 ~ I~ i~ w ';] :2 i;i !;"" I~ ~ ~ ~ ~ ~ c o '" ~ ~ II Illlll 1.* 1.* *, ~ 8. 'g I;:. I! I! ! I~ 0. f- o '0 0. ~ 8 II Ig " i o is. 1:5 E' 8 o f- , I ; j ro 15 I~ I~ ~ ~ ~ :t ~ ;;: I , I'" I~ Ig: I~ ~ j"i I'" '; I~ Iii' I~ I~ 00 I~ I~ I~ I~ I~ I~ to I~ I; 12 I~ ~ ~ I~ ~ I~ I~ i5i ;;; lei If; Jjj Iv I;;; I;;; IDi ~ I~ I~ , c c c ; ~i I~ I ill ~ i if: ill ill II ~ II II I~ ill ~, E E " " c ~ ~ I Ii', "" "" u Ini ~i 0 z z u c 11 ! I~ ! i I it ro c c c c ~I " 0 '8i 0 0 Q 0 'm :-5 0 15 '5 -51 I~ 0 i~ ~ ~ " " " i il !551 Isil ~ cr: cr: cr: i~! 1&'1 cr: I I I i I I I I i 1 I I i I i I I <Il OMB Schedule Item Number 1 Resolution No. - 2006 A RESOLUTION AMENDING RESOLUTION NUMBER 195-2006 WHEREAS, Resolution Number 195-2006, heretofore enacted for the purpose of receiving unanticipated funds, contains an erroneous information, and WHEREAS, it is the desire of the Commission to rectify by amendment such errors, now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that Resolution No. 195-2006 previously set up in the Monroe County Budget for the purpose of receiving unanticipated funds in Fiscal Year 2006 contained certain erroneous information and said resolution, passed and adopted on May 16,2006, is hereby amended: Fund #101 Fine & Forfeiture Fund Cost Center # 68618 MCSO Grants # 68619 Teen Court Revenue: 101-381158GT Transfer from Fund 158 $378,000.00 Total Revenue $378,000.00 Appropriations: 101-5210-68618-560640 101-5210-68619-530490 Capital Outlay Equipment Miscellaneous $338,000.00 $ 40,000.00 Total Appropriations: $378,000.00 BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon receipt of the above unanticipated funds, is hereby authorized and directed to place funds in said items, as set forth above. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 15th day of November AD 2006. Mayor McCoy Mayor Pro Tern Spehar ~~ Commissioner Neugent Commissioner Di Gennaro Commissioner Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mayor/Chairman (Seal) Attest: DANNY L. KOLHAGE, Clerk Item 1 amend reso#195-2006 unant 101 OMB Schedule Item Number 2 Resolution No. - 2006 A RESOLUTION CONCERNING THE RECEIPT OF UNANTICIPATED FUNDS WHEREAS, it is necessary for the Board of County Commissioners of Monroe County, Florida, to increase items to account for unanticipated funds in the Monroe County Budget for the Fiscal Year 2007, now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that the following accounts of the Monroe County Budget for the Fiscal Year 2007 be and the same is hereby increased by the amount hereinafter set forth: Fund # 148 Plan, Build, Zoning Cost Center # 62610 Function # 5300 Official Division #1012 Activity# 5370 Revenue: 148-5370-62610-343700SP Conservation & Resource Management Fees $400.00 Total Revenue $400.00 ----- ----- Appropriations: 148-5370-62610-530521 Gasoline $400.00 Total Appropriations: $400.00 ----- ----- BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon receipt of the above unanticipated funds, is hereby authorized and directed to place funds in said items, as set forth above. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 15th day of November AD 2006. Mayor McCoy Mayor Pro Tem Spehar Commissioner Neugent Commissioner Di Gennaro Commissioner Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mayor/Chairman (Seal) Attest: DANNY L. KOLHAGE, Clerk Item 2 unant 62610 OMB Schedule Item Number 3 Resolution No. - 2006 A RESOLUTION CONCERNING THE RECEIPT OF UNANTICIPATED FUNDS WHEREAS, it is necessary for the Board of County Commissioners of Monroe County, Florida, to increase items to account for unanticipated funds in the Monroe County Budget for the Fiscal Year 2007 now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that the following accounts of the Monroe County Budget for the Fiscal Year 2007 be and the same is hereby increased by the amount hereinafter set forth: Fund #125 - Governmental Fund Type Grants Cost Center # 6153106 - Older Americans Act -C1 OffcllDiv# 1016 Function 5600 Activity 5640 Revenue: 125-6153106-3316200H Federal Grants $3,000.00 Total Revenue $3,000.00 Appropriations: 125-6153106-530491- Food & Dietary $3,000.00 Total Appropriations: $3,000.00 BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon receipt of the above unanticipated funds, is hereby authorized and directed to place funds in said items, as set forth above. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 15th day of November AD 2006. Mayor McCoy Mayor Pro Tern Spehar Commissioner Neugent Commissioner Di Gennaro Commissioner Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mayor/Chairman (Seal) Attest: DANNY L. KOLHAGE, Clerk Item 3 oaa cl 6153106 us751 Page 1 OMB Schedule Item Number 4 Resolution No. - 2006 A RESOI,UTION CONCERNING THE RECEIPT OF UNANTICIPATED FUNDS WHEREAS, it is necessary for the Board of County Commissioners of Monroe County, Florida, to increase items to account for unanticipated funds in the Monroe County Budget for the Fiscal Year 2007 now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that the following accounts of the Monroe County Budget for the Fiscal Year 2007 be and the same is hereby increased by the amount hereinafter set forth: Fund #125 Governmental Fund Type Grants Cost Center # 6153206 - Older Americans Act -C2 Offcl/Div# 1016 Function 5600 Activity 5640 Revenue: 125-6153206-3316200H Federal Grants $10,000.00 Total Revenue $10,000.00 Appropriations: 125-6153206-530491 Food $10,000.00 Total Appropriations: $10,000.00 BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon receipt of the above unanticipated funds, is hereby authorized and directed to place funds in said items, as set forth above. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 15th day of November AD 2006. Mayor McCoy Mayor Pro Tem Spehar Commissioner Neugent Commissioner Di Gennaro Commissioner Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mayor/Chairman (Seal) Attest: DANNY L. KOLFIAGE, Clerk Item 4 oaa c2 6153206 us751 Page I OMB Schedule Item Number 5 Resolution No. - 2006 A RESOLUTION CONCERNING THE RECEIPT OF UNANTICIPATED FUNDS WHEREAS, it is necessary for the Board of County Commissioners of Monroe County, Florida, to increase items to account for unanticipated funds in the Monroe County Budget for the Fiscal Year 2007, now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that the following accounts of the Monroe County Budget for the Fiscal Year 2007, be and the same is hereby increased by thc amount hereinafter set forth: Fund #125-Gov't Fund Type Grants Cost Center# 13520 Homeland Security Function # 5200-Public Safety Activity #5250-Emergency Disaster Relief Official/Division #1012-Public Safety Project# GEOnO-Homeland Security Grant 07 Revenue: l25-l3520-3312000S-GE0720 Federal Grants Public Safety $20,309.00 Total Revenue $20,309.00 Appropriati ons: 125-5250-13520-530490-GE0720-530540 Books, Pub, Subs $20,309.00 Total Appropriations: $20,309.00 BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon receipt of the above unanticipated funds, is hereby authorized and directed to place funds in said items, as set forth above. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 15th day of November AD 2006. Mayor McCoy Mayor Pro Tem Spehar Commissioner Neugent Commissioner Di Gennaro Commissioner Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: ,- Mayor/Chairman (Seal) Attest: DANNY L. KOLHAGE, Clerk Item 5 homeland security 13520 GE0720 OMB Schedule Item Numbel' 6 Resolution No. - 2006 A RESOLUTION CONCERNING THE TRANSFER OF FUNDS WHEREAS, it is neeessary for the Board of County Commissioners of Monroe County, Florida, to make budgeted transfers in the Monroe County Budget for the Fiscal Year 2007, now therefore, BE IT RESOLVED BY TIlE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that there shall be transfers of amounts previously set up in the Monroe County Budget for the Fiscal Year 2007 as, hereinafter set forth to and from the following accounts: Fund #001 General Fund From: 001-5130-85500-590990 Cost Center # 85500 Reserves 001 For the Amount: $55,886.65 To: 001-5710-62025-560660 Cost Center # 62025 Lib KW Donations From: 001-5130-85500-590990 Cost Center # 85500 Reserves 001 For the Amount: $5,848.87 To: 001-5710-62027-560660 Cost Center# 62027 Lib Mthn Donations Other Uses Lib Mat Other Uses Lib Mat From: 001-5130-85500-590990 Other Uses Cost Center # 85500 Reserves 001 For the Amount: $1,045.55 To: 001-5710-62029-560660 Lib Mat Cost Center # 62029 Lib Islamorada Donations From: 001-5130-85500-590990 Cost Center # 85500 Reserves 001 For the Amount: $6,046.47 To: 001-5710-62031-560660 Cost Center # 62031 Lib KL Donations From: 001-5130-85500-590990 Cost Center # 85500 Reserves 001 For the Amount: $5,427.95 To: 001-5710-62033-560660 Cost Center # 62033 Lib BP Donations Other Uses Lib Mat Other Uses Lib Mat BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon receipt of the above, is hereby authorized and directed to make necessary changes of said items, as set forth above. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 15'h day of November, AD 2006. Mayor McCoy Mayor Pro Tem Spehar Commissioner Neugent Commissioner Di Gennaro Commissioner Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: (Seal) Attest: DANNY L. KOLHAGE, Clerk Item 6 fund 00 I trnsfrs Lib Donations rlvr Mayor/Chairman OMB Schedule Item Number 7 Resolution No. - 2006 A RESOLUTION CONCERNING THE RECEIPT OF UNANTICIPATED FUNDS WHEREAS, it is necessary for the Board of County Commissioners of Monroe County, Florida, to increase items to account for unanticipated funds in the Monroe County Budget for the Fiscal Year 2007, now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that the following accounts of the Monroe County Budget for the Fiscal Year 2007 be and the same is hereby increased by the amount hereinafter set forth: Fund #414 MSD Solid Waste Cost Center#41006 Litter /Marine Debris Removal Project# GR0602 Litter Control Function # 5300 Activity # 5340 Official Division # 1012 Revenue: 414-41006-3343400 P State Grants-Phy. Environment $18,693.78 Total Revenue: $18,693.78 Appropriations: 414-5340-41006-530490 Miscellaneous $18,693.78 Total Appropriations: $18,693.78 BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon receipt of the above unanticipated funds, is hereby authorized and directed to place funds in said items, as set forth above. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 15th day of November, AD 2006. Mayor McCoy Mayor Pro Tern Spehar Commissioner Neugent Commissioner DiGennaro Commissioner Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mayor/Chairman (Seal) Attest: DANNY L. KOLIIAGE, Clerk Itcm 7 unant 41006 gr0602 rollovcr OMB Schedule Item Number 8 Resolution No. - 2006 A RESOLUTION CONCERNING THE TRANSFER OF FUNDS WHEREAS, it is neeessary for the Board of County Commissioners of Monroe County, Florida, to make budgeted transfers in the Monroe County Budget for the Fiseal Year 2006, now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that there shall be transfers of amounts previously set up in the Monroe County Budget for the Fiscal Year 2006 as, hereinafter set forth to and f1"OI11 the following accounts: Fund #001 General Fund From: 001-5130-69200-510240 Worker's Comp Cost Center # 69200 Property Appraiser For the Amount: $2,734.98 To: 001-5130-04318-510240 Worker's Comp Cost Center # 04318 Sup of Elections From: 001-5190-20501-510120 Regular Salaries Cost Center # 20501 Facilities Maintenance For the Amount: $3,608.94 To: 001-5340-40501-510120 Regular Salaries Cost Center # 40501 Hazardous Waste From: 001-5190-20501-510120 Regular Salaries Cost Center # 20501 Facilities Maintenance For the Amount: $880.14 To: 001-5720-20502-510120 Regular Salaries Cost Center # 20502 Higgs Beach Maintenance From: 001-5130-06000-530340 Cost Center # 06000 Grants For the Amount: $9,144.61 To: 001-5130-06500-510120 Cost Center # 06500 Personnel Other Contract Services Regular Salaries BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon receipt of the above, is hereby authorized and directed to make necessary changes of said items, as set forth above. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 15th day of November, AD 2006. Mayor MeCoy Mayor Pro Tem Spehar Commissioner Neugent Commissioner Di Gennaro Commissioner Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mayor/Chairman (Seal) Attest: DANNY L. KOLHAGE, Clerk Itcm 8 fund 00 I trnsfrs OMB Schedule Item Number 9 Resolution No. - 2006 A RESOLUTION CONCERNING THE TRANSFER OF FUNDS WHEREAS, it is necessary for the Board of County Commissioners of Monroe County, Florida, to make budgeted transfers in the Monroe County Budget for the Fiscal Year 2006, now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that there shall be transfers of amounts previously set up in the Monroe County Budget for the Fiscal Year 2006 as, hereinafter set forth to and from the following accounts: Fund #414 MSD Solid Waste From: 414-5130-85537-590990 Other Uses Cost Center # 85537 Reserves 414 For the Amount: $3,493.00 To: 414-5170-04580-570591 Amortization Expense Cost Center # 04580 Debt Svc-2003 Rev Bond From: 414-5130-85537-590990 Other Uses Cost Center # 85537 Reserves 414 :For the Amount: $10,350.35 To: 414-5170-04580-570720 Interest Cost Center # 04580 Debt Svc-2003 Rev Bond BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon receipt of the above, is hereby authorized and directed to make necessary changes of said items, as set forth above. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 15th day of November, AD 2006. Mayor McCoy Mayor Pro Tern Spehar Commissioner Neugent Commissioner Di Gennaro Commissioner Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mayor/Chairman (Seal) Attest: DANNY L. KOLHAGE, Clerk Item <) fund 414 trnsfr 85537 to 04580 OMB Schedule Item Number 10 Resolution No. - 2006 A RESOLUTION CONCERNING THE RECEIPT OF UNANTICIPATED FUNDS WHEREAS, it is necessary for the Board of County Commissioners of Monroe County, Florida, to increase items to account for unanticipated funds in the Monroe County Budget for the Fiscal Year 2007, now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that the following accounts of the Monroe County Budget for the Fiscal Year 2007 be and the same is hereby increased by the amount hereinafter set forth: Fund #162- Law Enforcement Trust Fund Cost Center # 68801- Law Enforcement Trust Fund Revenue: 162-369001SS Miscellaneous $675,698.19 Total Revenue $675,698.19 -------- -------- Appropriations: 162-5210-68801-530490 Miscellaneous $675,698.19 Total Appropriations: $675,698.19 --------- -------- BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon receipt of the above unanticipated funds, is hereby authorized and directed to place funds in said items, as set forth above. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 15th day of November AD 2006. Mayor McCoy Mayor Pro Tem Spehar Commissioner Neugent Commissioner Di Gennaro Commissioner Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mayor/Chairman (Seal) Attest: DANNY L. KOLHAGE, Clerk [tem 10 LETF 6880 I r1vr OMB Schedule Item Number 11 Resolution No. - 2006 A RESOLUTION TO RESCIND RESOLUTION NO. 365 -2006 WHEREAS, it is necessary for the Board of County Commissioners of Monroe County, Florida, to make changes in the Monroe County Budget for the Fiscal Year 2006, now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that Resolution No. 365-2006 previously set up in the Monroe County Budget for the purpose of receiving unanticipated funds in Fiscal Year 2006 contained certain erroneous information and said resolution, passed and adopted on September 20, 2006, is hereby rescinded. Fund #162 Law Enforcement Trust-600 Cost Center # 68801 Law Enforcement Trust Fund Revenues: 162-351200SS 162-361 005G I Fines-Law Enf. Trust Fund Interest Earnings $ 59,800.00 $ 200.00 $ 60,000.00 ~-------- ~-------- $ 60,000.00 $ 60,000.00 Total Revenue: Appropriations: 162-5210-68801-530490 Miscellaneous Expenses Total Appropriations: BE IT FURTllER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon receipt of the above unanticipated funds, is hereby authorized and directed to place funds in said items, as set forth above. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 15th day of November, AD 2006. Mayor McCoy Mayor Pro Tem Spehar Commissioner Neugent Commissioner Di Gennaro Commissioner Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mayor/Chairman (Seal) Attest: DANNY L. KOLHAGE, Clerk Item II rescind reso#365-2006 lInant flll1d 162 LETF 6880 I OMB Schcdulc Item Number' 12 Resolution No. - 2006 A RESOLUTION CONCERNING THE TRANSFER OF FUNDS WHEREAS, it is neeessalY 1()r the Board of County Commissioners of Monroe County, Florida, to make budgeted transfers in the Monroe County Budget I()r the Fiseal Year 2007, now therel()re, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that there shall be transfers of amounts previously set up in the Monroe County Budget 1()r the Fiscal Year 2007 as. hereinallcr set 1()lth to and lrom the 1()lIowing aecounts: Fund #405 KW AlP Series 2006 Bonds From: 405-5420-630901-560630 Capital Outlay Infrastructure Cost Center # 630901 Passenger Terminal For the Amount: $2,191,516.00 To: 405-5410-630902-560630 Capital Outlay Infrastructure Cost Center # 630902 Roadways From: 405-5420-630901-560630 Capital Outlay Infrastructure Cost Center # 630901 Passenger Terminal For the Amount: $1,573,889.00 To: 405-5450-630903-560630 Capital Outlay lufrastructm'e Cost Center # 630903 Lower Level Parking From: 405-5420-630901-560630 Capital Outlay B1dg Cost Ceuter # 630901 Passenger Termiual For the Amount: $200,000.00 To: 405-5170-88901-530490 Miscellaneous Cost Center # 88901 Deht Service From: 405-5420-630901-560630 Capital Outlay Infrastructure Cost Center # 630901 Passenger Terminal For the Amount: $375,000.00 To: 405-5130-85564-590989 Cash-R&R Cost Center # 85564 Reserves 405 From: 405-5420-630901-560630 Capital Outlay Infrastructure Cost Center # 630901 Passenger Terminal For the Amount: $2,759,478.00 To: 405-5130-85564-590992 Cash-Reserve Cost Center # 85564 Reserves 405 From: 405-5420-630901-560630 Capital Outlay Infrastructure Cost Center # 630901 Passenger Terminal For the Amount: $223,314.60 To: 405-5130-85564-590988 Cash Sinking Cost Center # 85564 I~eserves 405 From: 405-5170-88900-570720 Interest Cost Center # 88900 Debt Service For the Amount: $2,433,787.00 To: 405-5130-85564-590988 Cash Sinking Cost Center # 85564 Reserves 405 BE IT FURTHER RESOL YED BY SAID BOARD, that the Clerk of said Board, upon receipt of the above, is hereby authorized and directed to make necessary changes of said items, as set forth above. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 15th day of November, AD 2006. Mayor McCoy Mayor Pro Tem Spehar Commissioner Neugent Commissioner Di Gennaro Commissioner Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLDRIDA By:__ Mayor/Chairman (Seal) Attest: DANNY L. KOLHACiE, Clerk Item 12 fund 405 trnstl"s KW AlP Series 2006 Bonds rIvr OMB Schedule Item Number 13 Resolution No. - 2006 A RESOLUTION TO RESCIND RESOLUTION NO. 225-2006 WHEREAS, it is necessary for the Board of County Commissioners of Monroe County, Florida, to make changes in the Monroe County Budget for the Fiscal Year 2006, now therefore, BE IT RESOLVED BY THE BOARD OF COUN'rY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that Resolution No. 225-2006 previously set up in the Monroe County Budget for the purpose of receiving unanticipated funds in Fiscal Year 2006 contained certain erroneous information and said resolution, passed and adopted on June 21, 2006, is hereby rescinded. Fund # 404 Key West Int'l Airport Cost Center # 630106 Terminal Construction Project # GAKA103 Terminal Construction Function#5400 Official Division#1018 Revenue: 404-5420-630106-33441 OCT -GAKA1 03 State Grants Transportation $200,000.00 Total Revenue $200,000.00 Appropriations: 404-5420-6301 06-560620-GAKAl 03-530340 Contractual Services $200,000.00 Total Appropriations: $200,000.00 BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon receipt of the above unanticipated funds, is hereby authorized and directed to place funds in said items, as set forth above. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 15th day of November AD 2006. Mayor McCoy Mayor Pro Tern Spehar Commissioner Neugent Commissioner Rice Commissioner Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mayor/Chairman (Seal) Attest: DANNY L. KOLHAGE, Clerk Item 13 rescind reso#225-2006 unant 630 I 06 gaka I 03 OMB Schedule Hem Number 14 Resolution No. - 2006 A RESOLUTION CONCERNING THE TRANSFER OF FUNDS WHEREAS, it is necessary for the Board of County Commissioners of Monroe County, Florida, to make budgeted transfers in the Monroe County Budget for the Fiscal Year 2006, now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that there shall be transfers of amounts previously set up in the Monroe County Budget for the Fiscal Year 2006 as, hereinafter set forth to and from the following accounts: Fund #144 Upper Keys Healthcare From: 144-5620-68501-530340 Other Contractual Svcs Cost Center # 68501 Trauma Dist Admn For the Amount: $3,999 To: 144-5810-86515-590910 Budgeted Transfers Cost Center # 86515 Budgeted Transfers 144 BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon receipt of the above, is hereby authorized and directed to make necessary changes of said items, as set forth above. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 15th day of November, AD 2006. Mayor McCoy Mayor Pro Tern Spehar Commissioner Neugent Commissioner Di Gennaro Commissioner Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mayor/Chairman (Seal) Attest: DANNY L. KOLHAGE, Clerk Item 14 fund 144 trnsfi. cost alloe OMB Schedule Hem Number 15 Resolution No. - 2006 A RESOLUTION CONCERNING THE TRANSFER OF FUNDS WHEREAS, it is necessary for the Board of County Commissioners of Monroe County, Florida, to make budgeted transfers in the Monroe County Budget for the Fiscal Year 2006, now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that there shall be transfers of amounts previously set up in the Monroe County Budget for the Fiscal Year 2006 as, hereinafter set forth to and from the following accounts: Fund #141 Fire & Amb Dist 1 L&M Keys From: 141-5220-11500-560641 Capital Outlay Vehicle Cost Center # 11500 Fire & Rescue Central For the Amount: $282,422.00 To: 141-5810-86511-590910 Budgeted Transfers Cost Center # 86511 Budgeted Transfers 141 BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon receipt of the above, is hereby authorized and directed to make necessary changes of said items, as set forth above. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 15th day of November, AD 2006. Mayor McCoy Mayor Pro Tem Spehar Commissioner Neugent Commissioner Di Gennaro Commissioner Murphy~___ BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mayor/Chairman (Seal) Attest: DANNY L. KOLHAGE, Clerk Item 15 flllld 141 trnsl1' cost alloc OMB Schedule Hem Number 16 Resolution No. - 2006 A RESOLUTION CONCERNING THE TRANSFER OF FUNDS WHEREAS, it is necessary for the Board of County Commissioners of Monroe County, Florida, to make budgeted transfers in the Monroe County Budget for the Fiscal Year 2006, now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that there shall be transfers of amounts previously set up in the Monroe County Budget for the Fiscal Year 2006 as, hereinafter set forth to and from the following accounts: Fund #502 Group Insurance From: 502-5620-08001-510120 Regular Salaries Cost Center # 08001 Group Ins. Admin. For the Amount: $1,500.00 To: 502-5620-08002-530450 Insurance Cost Center # 08002 Group Ins. Operations BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon receipt of the above, is hereby authorized and directed to make necessary changes of said items, as set forth above. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 15th day of November, AD 2006. Mayor McCoy Mayor Pro Tem Spehar Commissioner Neugent Commissioner Di Gennaro Commissioner Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mayor/Chairman (Seal) Attest: DANNY L. KOLHAGE, Clerk Item 16 fund 502 trnsfi. 08001 to 08002 OMB Schedule Hem Number 17 Resolution No. - 2006 ARESOLUTlON CONCERNING THE TRANSFER OF FUNDS WHEREAS, it is necessary for the Board of County Commissioners of Monroe County, Florida, to make budgeted transfers in the Monroe County Budget for the Fiscal Year 2006, now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that there shall be transfers of amounts previously set up in the Monroe County Budget for the Fiscal Year 2006 as, hereinafter set forth to and from the following accounts: Fund #102 Road & Bridge Fnnd From: 102-5410-22002-510120 Regular Salaries Cost Center # 22002 County Engineer R & B For the Amount: $226,266.00 To: 102-5810-86501-590910 Budgeted Transfers Cost Center # 86501 Budgeted Transfers 102 BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon receipt of the above, is hereby authorized and directed to make necessary changes of said items, as set forth above. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 15th day of November, AD 2006. Mayor McCoy Mayor Pro Tem Spehar Commissioner Neugent Commissioner Di Gennaro Commissioner Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mayor/Chairman (Seal) Attest: DANNY L. KOLHAGE, Clerk Item 17 fund 102 trnsfi- cost alloc OMB Schedule Item Number 18 Resolution No. - 2006 A RESOLUTION CONCERNING THE TRANSFER OF FUNDS WHEREAS, it is necessary for the Board of County Commissioners of Monroe County, Florida, to make budgeted transfers in the Monroe County Budget for the Fiscal Year 2006, now therefore, BE IT RESOLVED BY THE BOARD 01,' COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that there shall be transfers of amounts previously set up in the Monroe County Budget for the Fiscal Year 2006 as, hereinafter set forth to and from the following accounts: Fund #501 Worker's Compensation From: 501-5130-85539-590990 Other Uses Cost Center # 85539 Reserves 501 For the Amount: $60,000.00 To: 501-5620-07503-510150 Special Pay Cost Center # 07503 Workers Comp Claims BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon receipt of the above, is hereby authorized and directed to make necessary changes of said items, as set forth above. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 15th day of November, AD 2006. Mayor McCoy Mayor Pro Tern Spehar Commissioner Neugent Commissioner Di Gennaro Commissioner Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mayor/Chairman (Seal) Attest: DANNY L. KOLHAGE, Clerk Item 18 fund 50 I trnsti' 85539 to 07503 OMB Schedule Item Number 19 Resolution No. - 2006 A RESOLUTION CONCERNING THE TRANSFER OF FUNDS WHEREAS, it is necessary f()r the Board of County Commissioners of Monroe County. Florida, to makc budgeted transfers in the Monroe County Budget for the Fiscal Year 2006, now therefore, BE IT RESOLVED BY HIE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that there shall be transfers of amounts previously set up in the Monroe County Budget for the Fiscal Year 2006 as, hereinafter set forth to and from the following accounts: Fund #148 From: 148-5190-23509-560640 Capital Outlay Cost Center # 23509 Vehicle Replacement For the Amount: $174,868.00 To: 148-5810-86509-590910 Budgeted Transfers Cost Center # 86509 Budgeted Transfers 148 From: 148-5150-50002-530340 Other Coutractual Svcs Cost Cente.' # 50002 GIS For the Amount: $220,522.00 To: 148-5810-86509-590910 Budgeted Transfers Cost Center # 86509 Budgeted Transfers 148 From: 148-5150-50500-510120 Regular Salaries Cost Center # 50500 Planning Dept For the Amount: $69,116.39 To: 148-5810-86509-590910 Budgeted Transfers Cost Center # 86509 Budgeted Transfers 148 From: 148-5150-51000-530318 Legal Services Cost Center # 51000 2010 Comp Piau For the Amount: $41,603.00 To: 148-5810-86509-590910 Budgeted Transfers Cost Center # 86509 Budgeted Transfers 148 From: 148-5150-51500-510120 Regular Salaries Cost Center # 51500 Planning Commision For the Amount: $19,600.00 To: 148-5810-86509-590910 Budgeted Transfers Cost Center # 86509 Budgeted Transfers 148 From: 148-5240-52500-510120 Regular Salaries Cost Center # 52500 Buildiug Dept For the Amount: $44,247.00 To: 148-5810-86509-590910 Budgeted Tr'ansfers Cost Center # 86509 Budgeted Transfers 148 From: 148-5370-53000-510120 Regular Salaries Cost Center # 53000 MaJ'ine Resources For the Amount: $10,167.00 To: 148-5810-86509-590910 Budgeted Transfers Cost Center # 86509 Budgeted Transfers 148 From: 148-5240-60500-510120 Regular Salaries Cost Center # 60500 Code Enforcement For the Amount: $50,000.00 To: 148-5810-86509-590910 Budgeted Transfers Cost Center # 86509 Budgeted Transfers 148 From: 148-5130-69004-530490 Miscellaneous Cost Center # 69004 Tax Colleetor For the Amount: $11,840.00 To: 148-5810-86509-590910 Budgeted Transfers Cost Center # 86509 Budgeted Transfers 148 BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon receipt of the above, is hereby authorized and directed to make necessary changes of said items, as set f()fth above. Itcm 19 tlllld 148 trnsfrs cost alloc Page I PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 15th day of November, AD 2006. Mayor MeCoy Mayor Pro Tem Spehar Commissioner Neugent Commissioner Di Gennaro Commissioner Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY. FLORIDA By: Mayor/Chairman (Seal) Attest: DANNY L. KOLHAGE, Clerk Item 19 fund 148 trnsfrs cost alloe Page 2 OMB Schedule Item Number 20 Resolution No. - 2006 A RESOLUTION CONCERNING THE TRANSFER OF FUNDS WHEREAS, it is necessary for the Board of County Commissioners of Monroe County, r;lorida, to make budgeted transfers in the Monroe County Budget for the Fiscal Year 2006, now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that there shall be transfers of amounts previously set up in the Monroe County Budget for the Fiscal Year 2006 as, hereinafter set forth to and from the following accounts: Fund #403 Marathon Airport From: 403-5420-63501-510120 Regular Salaries Cost Center # 63501 Marathon Airport 0 & M For the Amount: $21,545.23 To: 403-5810-86504-590910 Budgeted Transfers Cost Center # 86504 Budgeted Transfers 403 From: 403-5190-23517-560640 Capital Outlay Equipment Cost Center # 23517 Vehicle Replacement For the Amount: $12,204.77 To: 403-5810-86504-590910 Budgeted Transfers Cost Center # 86504 Budgeted Transfers 403 BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon receipt of the above, is hereby authorized and directed to make necessary changes of said items, as set forth above. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 15th day of November, AD 2006. Mayor McCoy Mayor Pro Tern Spehar Commissioner Neugent Commissioner Di Gennaro Commissioner Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FIDRIDA By: Mayor/Chairman (Seal) Attest: DANNY L. KOLHAGE, Clerk Item 20 fund 403 trnsfr cost alloc OMB Schedule Item Number 21 Resolution No. - 2006 A RESOLUTION CONCERNING THE TRANSFER OF FUNDS WHEREAS, it is necessary for the Board of County Commissioners of Monroe County, Florida, to make budgeted transfers in the Monroe County Budget for the Fiscal Year 2006, now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that there shall be transfers of amounts previously set up in the Monroe County Budget for the Fiscal Year 2006 as, hereinafter set forth to and from the following accounts: Fund #304 1 Cent Infra Surtax From: 304-5410-22004-510120 Regular Salaries Cost Center # 22004 County Engineer Constr For the Amount: $8,713.99 To: 304-5540-65002-560610 Capital Outlay- Land Cost Center # 65002 Housing Development BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon receipt of the above, is hereby authorized and directed to make necessary changes of said items, as set forth above. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a reblUlar meeting of said Board held on the 15th day of November, AD 2006. Mayor McCoy Mayor Pro Tem Spehar Commissioner Neugent Commissioner Di Gennaro Commissioner Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mayor/Chairman (Seal) Attest: DANNY L. KOLHAGE, Clerk Item 21 fund 304 trnsfr 22004 to 65002 OMB Schedule Item Number 22 Resolution No. - 2006 A RESOLUTION CONCERNING THE TRANSFER OF FUNDS WHEREAS, it is necessary for the Board of County Commissioners of Monroe County, Florida, to make budgeted transfers in the Monroe County Budget for the Fiscal Year 2006, now therefore, BE IT RESOI,VED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that there shall be transfers of amounts previously set up in the Monroe County Budget for the Fiscal Year 2006 as, hereinafter set forth to and from the following accounts: Fund #117 TDC Dist 1, 3 Cent From: 117-5520-77003-530340- T670236X-530340 Cost Center # 77003 TDC Admn 117 For the Amount: $4,592.00 To: 117-5810-86531-590910-T67M310X-590910 Cost Center # 86531 Budgeted Transfers 117 Other Contractual Svcs Budgeted Transfers BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon receipt of the above, is hereby authorized and directed to make necessary changes of said items, as set forth above. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 15th day of November, AD 2006. Mayor McCoy Mayor Pro Tem Spehar Commissioner Neugent Commissioner Di Gennaro Commissioner Murphy ~__ BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mayor/Chairman (Seal) Attest: DANNY L. KOLHAGE, Clerk Item 22 fund 117 trns1!- cost alloc OMB Schedule Item Number 23 Resolution No. - 2006 A RESOLUTION CONCERNING THE TRANSFER OF FUNDS WHEREAS, it is necessary for the Board of County Commissioners of Monroe County, Florida, to make budgeted transfers in the Monroe County Budget for the Fiscal Year 2006, now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that there shall be transfers of amounts previously set up in the Monroe County Budget for the Fiscal Year 2006 as, hereinafter set forth to and from the following accounts: Fund #115 TDC nist Two Penny From: 115-5520-75035-530340- T65M230X-53041 0 Cost Center # 75035 Events For the Amount: $36,623.00 To: 115-5810-86529-590910-T65M310X-590910 Cost Center # 86529 Budgeted Transfers 115 Phone, Postage/Freight Budgeted Transfers BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon receipt of the above, is hereby authorized and directed to make necessary changes of said items, as set forth above. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 15th day of November, AD 2006. Mayor McCoy Mayor Pro Tern Spehar Commissioner Neugent Commissioner Di Gennaro Commissioner Murphy ~_~ BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mayor/Chairman (Seal) Attest: DANNY L. KOLHAGE, Clerk Item 23 fund 115 trnsfr cost alloe OMB Schedule Item Number 24 Resolution No. - 2006 A RESOLUTION CONCERNING THE TRANSFER OF FUNDS WHEREAS, it is necessary for the Board of County Commissioners of Monroe County, Florida, to make budgeted transfers in the Monroe County Budget for the Fiscal Year 2006, now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that there shall be transfers of amounts previously set up in the Monroe County Budget for the Fiscal Year 2006 as, hereinafter set forth to and from the following accounts: Fund #001 General Fund From: 001-5130-69000-530490 Miscellaneous Cost Center # 69000 Tax Collector 001 For the Amount: $1,600.00 To: 001-5130-89000-530410 Phone, Postage/Freight Cost Center # 89000 Quasi-External Service From: 001-5710-62023-510120 Cost Center # 62023 Lib Adm For the Amount: $658.51 To: 001-7140-62035-510120 Cost Center # 62035 Law Lib Regular Salaries Regular Salaries BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon receipt of the above, is hereby authorized and directed to make necessary changes of said items, as set forth above. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 15th day of November, AD 2006. Mayor McCoy Mayor Pro Tem Spehar Commissioner Neugent Commissioner Di Gennaro Commissioner Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mayor/Chairman (Seal) Attest: DANNY L. KOLHAGE, Clerk Item 24 fund 00 I trnsfr to 89000, 62035 OMB Schedule Item Number 25 Resolution No. - 2006 A RESOLUTION CONCERNING THE TRANSFER OF FUNDS WHEREAS, it is necessary for the Board of County Commissioners of Monroe County, Florida, to make budgeted transfers in the Monroe County Budget for the Fiscal Year 2006, now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that there shall be transfers of amounts previously set up in the Monroe County Budget for the Fiscal Year 2006 as, hereinafter set forth to and from the following accounts: Fund #404 KW International Airport From: 404-5420-63003-560620 Capital OutIay- Bldg Cost Center # 63003 KW Passenger Facility Chg For the Amount: $23,406.00 To: 404-5420-63096-560620-GAKA93-530310 Professional Svcs. Cost Center # 63096 New Terminal A & E BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon receipt of the above, is hereby authorized and directed to make necessary changes of said items, as set forth above. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 15th day of November, AD 2006. Mayor McCoy Mayor Pro Tem Spehar Commissioner Neugent Commissioner Di Gennaro Commissioner Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mayor/Chairman (Seal) Attest: DANNY L. KOLHAGE, Clerk Item 25 fund 404 ptc trnsfi- to 63096 gaka93 OMB Schedule Item Number 26 Resolution No. - 2006 A RESOLUTION CONCERNING THE TRANSFER OF FUNDS WHEREAS, it is necessary for the Board of County Commissioners of Monroe County, Florida, to make budgeted transfers in the Monroe County Budget for the Fiscal Year 2007, now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that there shall be transfers of amounts previously set up in the Monroe County Budget for the Fiscal Year 2007 as, hereinafter set forth to and from the following accounts: Fund #404 KW International Airport From: 404-5420-63003-560620 Capital Outlay- Bldg Cost Center # 63003 KW Passenger Facility Chg For the Amount: $163,943.00 To: 404-5420-630117-530490-GAKA114-530340 Other Contractual Svcs. Cost Center # 630117 NIP Phase 5 Const BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon receipt of the above, is hereby authorized and directed to make necessary changes of said items, as set forth above. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 15th day of November, AD 2006. Mayor McCoy Mayor Pro Tern Spehar Commissioner Neugent Commissioner Di Gennaro Commissioner Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mayor/Chairman (Seal) Attest: DANNY L. KOLHAGE, Clerk Item 26 fund 404 pfe trnsfi' to 630117 gaka 114 OMB Schedule Item Number 27 Resolution No. - 2006 A RESOLUTION CONCERNING THE RECEIPT OF UNANTICIPATED FUNDS WHEREAS, it is necessary for the Board of County Commissioners of Monroe County, Florida, to decrease items to account for unanticipated funds in the Monroe County Budget for the Fiscal Year 2007, now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that the following accounts of the Monroe County Budget for the Fiscal Year 2007, be and the same is hereby decreased by the amount hereinafter set forth: Fund #148 Plan, Build, Zoning Cost Center # 50002 GIS Function# 5100 Activity# 5150 Official Division#1015 Revenue: 148-50002-341900SG Services-Other Gen. Gov't <- $15,000.00> Total Revenue <- $15,000.00> Appropriations: 148-5150-50002-530340 Other Contractual <- $15,000.00> Total Appropriations: <- $15,000.00> BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon receipt of the above unanticipated funds, is hereby authorized and directed to place funds in said items, as set forth above. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 15th day of November AD 2006. Mayor McCoy Mayor Pro Tern Spehar Commissioner Neugent Commissioner Di Gennaro Commissioner Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: - Mayor/Chairman (Seal) Attest: DANNY L. KOLHAGE, Clerk Item 27 unant 50002 GIS OMB Schedule Item Number 28 Resolution No. - 2006 A RESOLUTION CONCERNING THE TRANSFER OF FUNDS WHEREAS, it is necessary for the Board of County Commissioners of Monroe County, Florida, to make budgeted transfers in the Monroe County Budget for the Fiscal Year 2007, now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that there shall be transfers of amounts previously set up in the Monroe County Budget for the Fiscal Year 2007 as, hereinafter set forth to and from the following accounts: Fund #404 KW International Airport From: 404-5420-63003-560620 Capital OutIay- Bldg Cost Center # 63003 KW Passenger Facility Chg For the Amount: $21,595.00 To: 404-5420-630111-560640 Capital Outlay- Equipment Cost Center # 630111 KW Wind Cones BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon receipt of the above, is hereby authorized and directed to make necessary changes of said items, as set forth above. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 15th day of November, AD 2006. Mayor McCoy Mayor Pro Tern Spehar Commissioner Neugent Commissioner Di Gennaro Commissioner Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mayor/Chairman (Seal) Attest: DANNY L. KOLHAGE, Clerk Item 28 fund 404 ptC trnsfr to 630111 gakp I 08 OMB Schedule Item Number 29 Resolution No. - 2006 A RESOLUTION AMENDING RESOLUTION NUMBER 478 -2006 WHEREAS, Resolution Number 478-2006, heretofore enacted for the purpose of receiving unanticipated funds, contains an erroneous information, and WHEREAS, it is the desire of the Commission to rectify by amendment such errors, now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that Resolution No. 478-2006 previously set up in the Monroe County Budget for the purpose of reeeiving unantieipated funds in Fiseal Year 2007 eontained certain erroneous information and said resolution, passed and adopted on October 18, 2006, is hereby amended: Fund #] 25 - Governmental Fund Type Grants Cost Center # 01018- CDBG FY 03 GH0301 ,GH0302 Official/Division #1000 Function# 5300 Revenue: 125-0] 0 18-33] 3500P 125-010] 8-381304GT Federal Grants - Physical Env. Transfer From- Fund 304 $289,168.5 ] $106,952.74 Total Revenue $396,12] .25 Appropriations: 125-5350-0] 018-530490 Miscellaneous $396,12] .25 Total Appropriations: $396,12] .25 BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon receipt of the above, is hereby authorized and directed to make the necessary changes of said items, as set forth above. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 15th day of November AD 2006. Mayor McCoy Mayor Pro Tern Spehar Commissioner Neugent Commissioner Di Gennaro Commissioner Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: ___ Mayor/Chairman (Seal) Attest: DANNY L. KOLHAGE, Clerk Item 29 amend reso#478-2006 unant 01018 cdbg r1vr OMB Schedule Item Number 29 Resolution No. - 2006 A RESOLUTION AMENDING RESOLUTION NUMBER 478 -2006 WHEREAS, Resolution Number 478-2006, heretofore enacted for the purpose of receiving unanticipated funds, contains an erroneous information, and WHEREAS, it is the desire of the Commission to rectify by amendment such errors, now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that Resolution No. 478-2006 previously set up in the Monroe County Budget for the purpose of receiving unanticipated funds in Fiscal Year 2007 contained certain erroneous information and said resolution, passed and adopted on October 18,2006, is hereby amended: Fund #125 - Governmental Fund Type Grants Cost Center # 01018- CDBG FY 03 GH0301,GH0302 Official/Division # I 000 Function# 5300 Revenue: 125-01018-3313500P 125-010] 8-38 1 304GT Federal Grants - Physical Env. Transfer From- Fund 304 $289,168.51 $106,952.74 Tota] Revenue $396,] 2] .25 Appropriations: 125-5350-01018-530490 Miscellaneous $396,121.25 Total Appropriations: $396,121.25 BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon receipt of the above, is hereby authorized and directed to make the necessary changes of said items, as set forth above. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 15th day of November AD 2006. Mayor McCoy Mayor Pro Tern Spehar Commissioner Neugent Commissioner Di Gennaro Commissioner Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mayor/Chairman (Seal) Attest: DANNY L. KOLHAGE, Clerk Item 29 amend reso#478-2006 unant 010] 8 cdbg r1vr OMB Schedule Item Number 30 Resolution No. - 2006 A RESOLUTION AMENDING RESOLUTION NUMBER 479 -2006 WHEREAS, Resolution Number 479-2006, heretofore enacted for the purpose of receiving unanticipated funds, contains an erroneous information, and WHEREAS, it is the desire of the Commission to rectify by amendment such errors, now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that Resolution No. 479-2006 previously set up in the Monroe County Budget for the purpose of receiving unanticipated funds in Fiscal Year 2007 contained certain erroneous information and said resolution, passed and adopted on October 18, 2006, is hereby amended. Fund #125 Grants Cost Center#50501 Transp Study Plan Project# GWOl14 Function# 5400 Activity# 5410 Official Div# 1015 Revenue: 125-50501-3314900T 125-50501-3344900T 125-50501-381148GT 125-50501-3375000P Federal Grants Trans-Other State Grants Trans-Other Transfer from 148 Local Grants Phy Env $ 200.628.82 $158,988.87 $ 18,227.25 $ 700.00 Total Revenue $378,544.94 Appropriations: 125-5390-50501-530490 Miscellaneous $378,544.94 Total Appropriations: $378,544.94 BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon receipt of the above unanticipated funds, is hereby authorized and directed to place funds in said items, as set forth above. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 15th day of November AD 2006. Mayor McCoy Mayor Pro Tem Spehar Commissioner Neugent Commissioner Di Gennaro Commissioner Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mayor/Chairman (Seal) Attest: DANNY L. KOU1AGE, Clerk Item 30 amend reso#479-2006 50501 gwOl14 rollover OMB Schedule Item Number 31 Resolution No. - 2006 A RESOLUTION AMENDING RESOLUTION NUMBER 480 -2006 WHEREAS, Resolution Number 480-2006, heretofore enacted for the purpose of receiving unanticipated funds, contains an erroneous information, and WHEREAS, it is the desire of the Commission to rectify by amendment such errors, now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that Resolution No. 480-2006 previously set up in the Monroe County Budget for the purpose of receiving unanticipated funds in Fiscal Year 2007 contained certain erroneous information and said resolution, passed and adopted on October 18, 2006, is hereby amended. Fund #125 Gov Fund Type Grants Cost Center#50503 Bicycle Pedestrian Plan Project# GW0501 Function#5400 Activity#5410 Official Division#1 015 Revenue: 125-50503-3344900T Total Revenue: State Grants-Other $72,519.76 $72,519.76 Appropriations: 125-5410-50503-530490 Total Appropriations: Miscellaneous $72,519.76 $72,519.76 BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon receipt of the above unanticipated funds, is hereby authorized and direeted to place funds in said items, as set forth above. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 15th day of November, AD 2006. Mayor MeCoy Mayor Pro Tem Spehar Commissioner Neugent Commissioner Di Gennaro Commissioner Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mayor/Chairman (Seal) Attest: DANNY L. KOLHAGE, Clerk Item 31 amend reso#480-2006 lInant 50503 gw050 I Bicycle Ped rlvr OMB Schedule Item Number 32 Resolution No. - 2006 A RESOLUTION AMENDING RESOLUTION NUMBER 482 -2006 WHEREAS, Resolution Number 482-2006, heretofore enacted for the purpose of receiving unanticipated funds, contains an erroneous information, and WHEREAS, it is the desire of the Commission to rectify by amendment such errors, now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that Resolution No. 482-2006 previously set up in the Monroe County Budget for the purpose of receiving unanticipated funds in Fiscal Year 2007 contained certain erroneous information and said resolution, passed and adopted on October 18, 2006, is hereby amended. Fund #125 Gov Fund Type grants Cost Center # 50511 Safety Imp Heritage Trail Project#GW0205 Function#5400 Activity# 5410 Official Div# 1015 Revenue 125-50511-334490CT 125-50511-381130GT State Grants-Other Transfer from 130 $16,624.59 $16,624.58 Total Revenue: $33,249.17 Appropriations: 125-50511-530340 Other Contractual Services $33,249.17 Total Appropriations: $33,249.17 BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon receipt of the above unanticipated funds, is hereby authorized and directed to place funds in said items, as set forth above. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 15th day of November AD 2006. Mayor McCoy Mayor Pro Tern Spehar Commissioner Neugent Commissioner Di Gennaro Commissioner Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mayor/Chairman (Seal) Attest: DANNY L. KOLHAGE, Clerk Item 32 amend reso#482-2006 llnant 50511 gw0205 rIvr OMB Schedule Item Number 33 Resolution No. - 2006 A RESOLUl'ION TO RESCIND RESOLUTION NO. 376 -2006 WHEREAS, it is necessary for the Board of County Commissioners of Monroe County, Florida, to make changes in the Monroe County Budget for the Fiscal Year 2006, now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that Resolution No. 376-2006 previously set up in the Monroe County Budget for the purpose of receiving unanticipated funds in Fiscal Year 2006 contained certain erroneous information and said resolution, passed and adopted on September 20, 2006, is hereby rescinded. Fund #503 Risk Management Cost Center # 08503 Risk Mgmt Claims Revenues: 503-369010 Misc-Other-Insurance Proceeds Appropriations: 503-5290-08503-530456 Property Damage Expense $ 456,663.28 $ 456,663.28 ~~~~~~~- -------- $ 456,663.28 $ 456,663.28 Total Revenue: Total Appropriations: BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon receipt of the above unanticipated funds, is hereby authorized and directed to place funds in said items, as set forth abovc. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 15th day of November, AD 2006. Mayor McCoy Mayor Pro Tem Spehar Commissioner Neugent Commissioner Di Gennaro Commissioner Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mayor/Chairman (Seal) Attest: DANNY L. KOLHAGE, Clerk Item 33 rescind reso#376-2006 unant fund 503 08503 OMB Schedule Item Number 34 Resolution No. - 2006 A RESOLUTION AMENDING RESOLUTION NO. 501 -2006 WHEREAS, Resolution Number 501-2006, heretofore enacted for the purpose of receiving unanticipated funds, contains an erroneous information, and WHEREAS, it is the desire of the Commission to rectify by amendment such errors, now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that Resolution No. 501-2006 previously set up in the Monroe County Budget for the purpose of receiving unanticipated funds in Fiscal Year 2007 contained celiain erroneous information and said resolution, passed and adopted on October 18, 2006, is hereby amended. Fund #125 Gov Fund Type Grants Cost Center#13503 EMS Award Grant Project# GE9803 Function#5200 Activity#5260 Official Division#1012 Revenue: 125-13503-334200CS 125-13503-361 005G I State Grants-Public Safety Interest Earnings $62,661.62 $3,173.37 Total Revenue $65,834.99 Appropriations: 125-13503-530490 Miscellaneous $65,834.99 Total Appropriations $65,834.99 BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon receipt of the above unanticipated funds, is hereby authorized and directed to place funds in said items, as set forth above. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 15th day of November, AD 2006. Mayor McCoy Mayor Pro Tem Spehar Commissioner Neugent Commissioner Di Gennaro Commissioner Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mayor/Chairman (Seal) Attest: DANNY L. KOLHAGE, Clerk Item 34 amend resolf501-2006unant 13503 ge9803 rlvr OMB Schedule Item Number 35 Resolution No. - 2006 A RESOLUTION AMENDING RESOLUTION NO. 503 -2006 WHEREAS, Resolution Number 503-2006, heretofore enacted for the purpose of receiving unanticipated funds, contains an erroneous information, and WHEREAS, it is the desire of the Commission to rectify by amendment such errors, now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that Resolution No. 503-2006 previously set up in the Monroe County Budget for the purpose of receiving unanticipated funds in Fiscal Year 2007 contained certain erroneous information and said resolution, passed and adopted on October 18, 2006, is hereby amended. Fund #125- Government Fund Type Grants Cost Center # 13505 REP Project# GE0501 Function 5200 Activity 5250 Off/Div 1012 Revenue: 125-13505-342900SS REP Public Safety $23,735.82 Total Revenue $23,735.82 Appropriations: 125-5250-13505-530490 Miscellaneous $23,735.82 Total Appropriations: $23,735.82 -------- -------- BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon receipt of the above unanticipated funds, is hereby authorized and directed to place funds in said items, as set forth above. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, F]orida, at a regular meeting of said Board held on the ]5th day of November AD 2006. Mayor McCoy Mayor Pro Tern Spehar Commissioner Neugent Commissioner Di Gennaro Commissioner Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mayor/Chairman (Seal) Attest: DANNY L. KOLIIAGE, Clerk Item 35 amend reso#503-2006 unant 13505 ge050] rep rlvr OMB Schedule Item Number 36 Resolution No. - 2006 A RESOLUTION TO RESCIND RESOLUTION NO. 377 -2006 WHEREAS, it is necessary for the Board of County Commissioners of Monroe County, Florida, to make changes in the Monroe County Budget for the Fiscal Year 2006, now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that Resolution No. 377-2006 previously set up in the Monroe County Budget for the purpose of receiving unanticipated funds in Fiscal Year 2006 contained certain erroneous information and said resolution, passed and adopted on September 20, 2006, is hereby rescinded. Fund #503 Risk Management From: 503-5200-5290-1011-08503-530456 Cost Center # 08503 Risk Mgmt Claims For the Amount: $456,663.28 To: 503-5800-5810-1000-86520-590403 Cost Center # 86520 Budgeted Transfer 503 Property Damage Exp Transfers BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon receipt of the above unanticipated funds, is hereby authorized and directed to place funds in said items, as set forth above. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 15th day of November, AD 2006. Mayor McCoy Mayor Pro Tern Spehar Commissioner Neugent Commissioner Di Gennaro Commissioner Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mayor/Chairman (Seal) Attest: DANNY L. KOLHAGE, Clerk Item 36 rescind reso#377-2006 trfl" fm 08503 to 86520 OMB Schedule Item Number 37 Resolution No. - 2006 A RESOLUTION TO RESCIND RESOLUTION NO. 378 -2006 WHEREAS, it is necessary for the Board of County Commissioners of Monroe County, Florida, to make changes in the Monroe County Budget for the Fiscal Year 2006, now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that Resolution No. 378-2006 previously set up in the Monroe County Budget for the purpose of receiving unanticipated funds in Fiscal Year 2006 contained certain erroneous information and said resolution, passed and adopted on September 20, 2006, is hereby rescinded. Fund #403 Marathon Airport Cost Center # 63501 Marathon Airport 0 & M Revenues: 403-369010 Misc-Other-Insurance Proceeds $ 456,663.28 Total Revenue: $ 456,663.28 Appropriations: 403-5420-63501-530340 Other Contract Services $ 456,663.28 Total Appropriations: $ 456,663.28 BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon receipt of the above unanticipated funds, is hereby authorized and directed to place funds in said items, as set forth above. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 15th day of November, AD 2006. Mayor McCoy Mayor Pro Tem Spehar Commissioner Neugent Commissioner Di Gennaro Commissioner Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mayor/Chairman (Seal) Attest: DANNY L. KOLHAGE, Clerk Item 37 rescind reso#378-2006 lInant fund 4036350 I OMB Schedule Item Number 38 Resolution No. 2006 A RESOLUTION AMENDING RESOLUTION NO.5 I I -2006 WI-IEREAS, Resolution Number 511-2006, heretofore enacted for the purpose of receiving unanticipated funds, contains an erroneous information, and WHEREAS, it is the desire of the Commission to rectify by amendment such errors, now therefore, BE IT RESOLVED BY TIlE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that Resolution No. 511-2006 previously set up in the Monroe County Budget for the purpose of receiving unanticipated funds in Fiscal Year 2007 contained certain erroneous information and said resolution, passed and adopted on October 18, 2006, is hereby amended. Fund #125 - Governmental Fund Type Grants Cost Center # 83013 Juvenile Drug Court OffcllDiv# 8070 Function 6800 Activity 6840 Revenue: 125-83013-3312000S 125-83013-361 005G I 125-83013-381001 GT Federal Grants-Public Safety Interest Trsf fm General 001 $ 987.56 22.44 112.23 Total Revenue $1,122.23 Appropriations: 125-83013-510120 125-83013-510220 125-83013-530490 Regular Salaries & Wages Retirement Contribution Miscellaneous $ 769.50 70.72 282.01 Total Appropriations: $1,122.23 BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon receipt of the above unanticipated funds, is hereby authorized and directed to place funds in said items, as set forth above. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 15th day of November AD 2006. Mayor McCoy Mayor Pro Tem Spehar Commissioner Neugent Commissioner Di Gennaro Commissioner Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: _ Mayor/Chairman (Seal) Attest: DANNY L. KOLI-IAGE, Clerk Item 38 amend reso#511-2006 .Il1V Drug Crt 83013 rollover Page I OMB Schedule Item Number 39 Resolution No. 2006 A RESOLUTION AMENDING RESOLUTION NO. 485 -2006 WHEREAS, Resolution Number 485-2006, heretofore enacted for the purpose of receiving unanticipated funds, contains an erroneous information, and WHEREAS, it is the desire of the Commission to rectify by amendment such errors, now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that Resolution No. 485-2006 previously set up in the Monroe County Budget for the purpose of reeeiving unantieipated funds in Fiscal Year 2007 contained certain erroneous information and said resolution, passed and adopted on October 18, 2006, is hereby amended. Fund #125 Gov Fund Type Grants Cost Center#52003 Exotic Plant Control Services Project# GW0602, GW0603 Function#5300 Activity#5370 Official Division#1 015 Revenue: 125-52003-3343900 P Total Revenue: State Grants-Physical Env $107,429.64 $107,429.64 Appropriations: 125-5370-52003-530490 Total Appropriations: Miscellaneous $107,429.64 $107,429.64 BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon receipt of the above unanticipated funds, is hereby authorized and directed to place funds in said items, as set forth above. PASSED AND ADOP1'ED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 15th day of November, AD 2006. Mayor McCoy Mayor Pro Tem Spehar Commissioner Neugent Commissioner Di Gennaro Commissioner Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mayor/Chairman (Seal) Attest: DANNY L. KOLHAGE, Clerk Item 39 amend reso#485 lInant 52003 gw0602,gw0603 exotic pInt ctrl rlvr OMB Schedule Item Numher 40 Resolution No. - 2006 A RESOLUTION AMENDING RESOLUTION NO. 486 -2006 WHEREAS, Resolution Number 486-2006, heretofore enacted for the purpose of receiving unanticipated funds, contains an erroneous information, and WHEREAS, it is the desire of the Commission to rectify by amendment such errors, now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that Resolution No. 486-2006 previously set up in the Monroe County Budget for the purpose of receiving unanticipated funds in Fiscal Year 2007 contained certain erroneous information and said resolution, passed and adopted on October 18, 2006, is hereby amended. Fund #125 Grants Cost Center#53009 Homeowners Wastewater Project#GW0004 Function# 5300 Activity# 5390 Official Div# 1015 Revenue: 125-53009-381304GT Transfer from 304 $91,620.43 Total Revenue $91,620.43 Appropriations: 125-5390-53009-530490 Miscellaneous $91,620.43 Total Appropriations: $91,620.43 BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon receipt of the above unanticipated funds, is hereby authorized and directed to place funds in said items, as set forth above. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 15th day of November AD 2006. Mayor McCoy Mayor Pro Tem Spehar Commissioner Neugent Commissioner Di Gennaro Commissioner Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mayor/Chairman (Seal) Attest: DANNY L. KOLHAGE, Clerk Item 40 amend reso#486-2006 unant 53009 gw0004 rlvr OMB Schedule Item Number 41 Resolution No. - 2006 A RESOLUTION AMENDING RESOLUTION NO. 491 -2006 WIIEREAS, Resolution Number 491-2006, heretofore enacted for the purpose of receiving unanticipated funds, contains an erroneous information, and WIIERF:AS, it is the desire of the Commission to rectify by amendment such errors, now therefore, BF: IT RF~SOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that Resolution No. 491- 2006 previously set up in the Monroe County Budget for the purpose of receiving unanticipated funds in Fiscal Year 2007 contained certain erroneous information and said resolution, passed and adopted on October 18,2006, is hereby amended. Fund #125 - Governmental Fund Type Grants Cost Center # 6153006 Older Americans Act -111 B Offcl/Div# 1016 Function 5600 Activity 5640 Revenue: 125-6153006-3316900 H 125-6153006-38100 I GT 125-6153006-369001 S H Federal Grants Transfer fm Gen Fund Mise-Program Income $11,076.07 $ 8,844.44 2,000.00 Total Revenue $21,920.51 Appropriations: 125-6153006-510120-Salaries 125-6153006-510210-Fica 125-6153006-510220-Retirement 125-6153006-510230-Group Insurance 125-6153006-510240-Worker's Compensation 125-6153006-530310-Professional Services 125-6153006-530400- Travel 125-6153006-530410-Communications & Postage I 25-6153006-530440-Rentals I 25-6153006-530451-Risk Management 125-6153006-530470-Printing I 25-6153006-530498-Advertising 125-6153006-530510-0ffice Supplies I 25-6153006-530520-0perating Supplies 125-6153006-530540-Books/Pu bs/Subs $12,244.29 1,743.18 2,328.52 2,000.00 980.74 200.00 989.88 68.90 100.00 500.00 65.00 100.00 200.00 300.00 100.00 Total Appropriations: $21,920.51 BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon receipt of the above unanticipated funds, is hereby authorized and directed to place funds in said items, as set forth above, PASSED AND ADOPTED bv the Board of County Commissioncrs of Monroc County, Florida, at a regular meeting of said Board held on the 15'h clay of November AD 20()6, - -' ~ Mayor McCoy Mayor Pro Tcm Spehar Commissioner Neugent Commissioner Di Gennaro Commissioner Murphy BOARD OF' COUNTY COMMISSIONERS OF MONROE COUNTY. FLORII)A By (Seal) Attest DANNY L KOLHACiE. Clerk Mayor/Chairman Item 41 amendreso#491-2006 oaa 3b 6153006 rollover Page 1 OMB Schedule Item Number 42 Resolution No. - 2006 A RESOLUTION AMENDING RESOLUTION NO. 492-2006 WHEREAS, Resolution Number 492-2006, heretofore enacted for the purpose of receiving unanticipated funds, contains an erroneous information, and WHEREAS, it is the desire of the Commission to rectify by amendment such errors, now therefore BE IT RESOLVED BY TIlE: BOARD OF COUNTY COMMISSIONERS 01: MONROE COUNTY, FLORIDA, that Resolution No. 492- 2006 previously set up in the Monroe County Budget for the purpose of receiving unanticipated funds in Fiscal Year 2007 contained certain erroneous information and said resolution, passed and adopted on October 18,2006, is hereby amended. Fund #125 Governmental Fund Type Grants Cost Center # 6153106 Older Americans Act ..CI Offcl/Div# 1016 Function 5600 Activity 5640 Revenue: 125-6153106-331690011 125-6153106-3316200H 125-6153106-36900 I SH 125-6153106-38100 I GT Federal Grants Federal Grants-Human Svc Mise. Revenue Transfer fm Gen. Fund $ 18,868,43 $ 4,115.81 $ 7,703,42 $ 12,072.56 Total Revenue $54,832.78 Appropriatious: 125-6153106-510120-Salaries 125-6153106-510210-Fica 125-6153106-510220-Retirement 125-6153106-510230-Group Insurance 125-6153106-510240-Worker's Compensation 125-6153106-530310-Professional Services I 25-6153106-530400-Travel I 25-6153106-530410-Communications & Postage 125-6153106-530440- Ren tals 125-6153106-530451-Risk Management 125-6153106-530470-Printing 125-6153106-530491- Food 125-6 1 53 106-53051 O-Office Supplies 125-6153106-530520-0perating Supplies 125-6153106-530540- BookslPu bs/Su bs $39,782.78 1.000.00 1.000.00 1.000.00 1,000.00 1.000.00 1.000.00 500.00 400.00 600.00 50.00 5.000.00 500.00 1,000.00 1.000.00 Total Appropriations: $54,832.78 BE IT FURTHER RESOLVED BY SAID BOARD, that thc Clerk of said Board. upon rcceipt of thc abovc unanticipatcd funds, is hcrcby authorizcd and dircctecl to place funds in said items, as sct forth abovc. PASSED AND ADOPTED by thc Board of County Commissioncrs of Monroe County, Floricla, at a rcgular meeting of said Board held on thc 15'h day ofNovcmbcr AD 2006. Mayor McCoy Mayor Pro Tcm Spchar Commissioncr Ncugcnt Commissioncr Di Gennaro Commissioncr Murphy BOARD OF' COUNTY COMMISSIONF~RS OF MONROE: COUNTY, FLORIDA By: Mayor/Chairman (Seal) Attcst DANNY L. KOLHACiE, Clerk Item 42 amend reso#492-2006 oaa c 1 6153106 rollover Page 1 OMB Schedule Item Number 43 Resolution No. - 2006 A RESOLUTION AMENDING RESOLUTION NO. 493 -2006 WIIEREAS, Resolution Nnmber 493-2006, heretofore enacted fOI' the purpose of receiviug unanticipated funds. contains an erroneous information, and WHEREAS, it is the desire of the Commission to rectify by amendment sueh errors, now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that Resolution No. 493-2006 previously set up in the Monroe County Budget for the purpose of receiving unanticipated funds in Fiscal Year 2007 eontained certain erroneous information and said resolution, passed and adopted on October 18, 2006, is hereby amended. Fund #125 - Governmental Fund Type Grants Cost Center # 61S3206 - Older Americans Act -C2 Offcl/Div# 1016 Function 5600 Activity S640 Revenue: 12S-61S3206-3316900H 12S-6153206-331620011 125-61S3206-381 001 GT 12S-6153206-346903011 12S-61S3206-369001 SH Federal Grants Federal Grants-Human Svc Transfer fm Gen. Fund Serv-HCBS Miscellaneous Revenue S 6,833.64 $10,210.80 $17,119.56 $ 2,361.2S $ 3,478.99 Total Revenue $40,004.24 Approp.-iations: 125-61S3206-S10120-Saluies 12S-61S3206-S1 021 O-Fiea I 25-61S3206-SI 0220-Retirement 12S-6153206-S10230-Group Insurance 12S-6153206-S10240-Worker's Compensation 12S-6153206-530310-Professional Services 12S-61S3206-S30400- Travel 12S-61S3206-530410-Communications & Postage 12S-61S3206-530440-Rentals 125-61S3206-S304S1-Risk Management 12S-61S3206-S30460-Repair & Maint 12S-61S3206-S30470-Printi ng 12S-6IS3206-S30491-Food & Dietary 12S-61S3206-S30498-Advertising 12S-61S3206-53051O-0ffice Supplies 125-61S3206-S30S20-0perating Supplies 125-6IS3206-S30S28-Gasoline 12S-6153206-S30S40-Books/Pubs/Subs $22,854.24 SOO.OO 500.00 SOO.OO SOO.OO SOO.OO 500.00 SOIUlO 500.00 500.00 500.00 100.00 10,000.00 SO.OO 500.00 SOO.OO SOO.OO SOO.OO Total Appropriations: $40,004.24 BE IT FURTHER RESOLVED BY SAID BOARD, that thc Clerk of said Board, upon rcccipt of thc abovc unanticipatcd funds, is hcrcby authorizcd and dircctcd to place funds in said itcms. as sct forth abovc. PASSED AND ADOPTED by thc Board of County Commissioners of Monroc County. Florida. at a regular mccting of said Board hcld on thc 15'h day of Novembcr AD 2006. Mayor McCoy Mayor Pro Tem Spehar Commissioncr Ncugcnt Commissioncr Di Gcnnaro Commissioner Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mayor/Chairman (Seal) Attcst: DANNY L. KOLHAGE, Clcrk Item 43 amend reso#493-2006 oaa c2 6153206 rollover Page 1 OMB Schedule Item Number 44 Resolution No. - 2006 A RESOLUTION AMENDING RESOLUTION NO. 494 -2006 WIIEREAS. Resolution Number 494-2006, heretofore enacted for the plll'pose of receiving uuauticipated funds, contaius an erroneous iuformation, aud WHEREAS, it is the desire of the Commission to rectify by amendment such errors, now therefore, BE IT RESOLVED BY TilE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, r:LORIDA, that I~esolutiou No. 494-2006 previously set up in the Monroe County Budget for the purpose of receiving unanticipated funds in Fiscal Year 2007 contained certain erroneous information and said resolution, passed and adopted on October 18,2006, is hereby amended. Fund #12S Governmental Fund Type Grants Cost Center # 61S3406 Older Americans Act -IIIE Offcl/DiV# 1016 Function S600 Activity 5640 Revenue: 12S-61S3406-3316900H 12S-61S3406-381 001 GT Federal Grants Trsfr fm Gen. Fund $19,073.63 $ S,144.56 Total Revenue $24,218.19 Appropriations: 12S-61 S3406-51 0120-Salaries 12S-61S3406-S10210-Fica 12S-6IS3406-51 0220-Reti rement 125-61S3406-S10230-Group Insurance 125-61S3406-S1 0240-Worker's Compensation 125-6153406-S30310-Professional Serviees 12S-6153406-S30340-0ther Contractual Servil'es 125-6153406-S30400- Travel 12S-61S3406-53041 O-Communications & Postage 12S-61S3406-S30440-Rentals 12S-61S3406-S304S1-Risk Management 12S-61S3406-S30460-Repair & Maint 1 25-6153406-S30470-Printing 12S-61S3406-S30498-Advertising 12S-61S3406-S30SIO-0ffice Supplies 12S-6153406-530S20-0perating Supplies 125-61S3406-S30S40-Books/Pubs/Subs $11,950.10 SOO.OO 500.00 0.00 0.00 0.00 7.268.09 1,000.00 SOO.OO 000.00 SOO.OO 500.00 00.00 00.00 SOO.OO SOO.OO SOO.OO Total Appropriations: $24,218.19 BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board. upon receipt of the above unanticipated flmds. is hereby authorized and directed to place Ilmds in said items. as set forth above. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County. Florida. at a regular meeting of said Board held on the 15'" day of November AD 2006. Mayor McCoy Mayor Pro Tem Spehar Commissioner Neugent Commissioner Di Gennaro Commissioncr Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mayor/Chairman (Seal) Attest: DANNY L. KOLIIAGE. Clerk Item 44 amend reso#494 oaa 3e 6153406 rollover Page I OMB Schedule Item Number 45 Resolution No. - 2006 A RESOLUTION AMENDING RESOLUTION NO. 495 -2006 WHEREAS, Resolution Number 495-2006, heretofore enacted for the purpose of receiving unanticipated funds, contains an erroneous information, and WHEREAS, it is the desire of the Commission to rectify by amendment such errors, now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY. FLORIDA, that Resolution No. 495- 2006 previously set up in the Monroe County Budget for the purpose of receiving unanticipated funds in Fiscal Year 2007 contained certain erroneous information and said resolution, passed and adopted on October 18, 2006, is hereby amended. Fund #125 Governmental Fund Type Grants Cost Center # 6153506 - Low Income Energy Assistance Program Low Income Energy Assistance Program 2006 Function 5600 Human Services Activity 5690 Other Human Services Revenue: 125-6153506-3315000E- Fed Grant-Economic Environment Total Revenue 88,477.48 88,477.48 Appropriations: 125-5690-6153506-530400 125-5690-6153506-530410 125-5690-6153506-530430 125-5690-6153506-530431 125-5690-6153506-530432 125-5690-6153506-530440 125-5690-6153506-530460 125-5690-6153506-530470 125-5690-6153506-530510 125-5690-6153506-530520 Total Appropriations: Travel Phone and Postage/Freight Crisis Utility Payment Home Energy Assistance Weather Related/Supply Rentals and Leases Maintenance Agreement Printing & Binding Office Supplies Operating 336.68 230.01 63,210.11 14,917.00 3,510.00 1,273.68 2,500.00 500.00 1,000.00 1,000.00 88,477.48 BE IT FURTHER RESOLVED BY SAID BOARD, that thc Clcrk of said Board. upon rcccipt of thc abovc unanticipated funds. is hcrcby authorizcd and dircctcd to placc funds in said itcms. as sct forth abovc. PASSED AND ADOPTED by thc Board of County Commissioncrs of Monroc County. Florida, at a regular mccting of said Board hcId on thc 15th day of Novcmbcr AD 2006. Mayor McCoy Mayor Pro Tcm Spehar Commissioncr Ncugcnt Commissioncr Di Gcnnaro Commissioncr Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mayor/Chairman (Seal) Attcst: DANNY L. KOLHAGE, Clcrk Item 45 amend reso#495-2006 liheap 6153506 rollover Page 1 OMB Schedule Item Number 46 Resolution No. - 2006 A RESOLUTION AMENDING RESOLUTION NO. 496 -2006 WHEREAS, Resolution Number 496-2006, heretofore enacted for the purpose of receiving unanticipated funds, contains an erroneous information, and WHER EAS. it is the desire of the Commission to rectify by amendment such errors, now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that Resolution No. 496- 2006 previously set up in the Monroe County Budget for the purpose of receiving unanticipated funds in Fiscal Year 2007 contained certain erroneous information and said resolution, passed and adopted on October 18, 2006, is hereby amended. Fund #125 - Governmental Fund Type Grants Cost Center # 6153606 - Alzheimer's Disease Initiative Offcl/Div# 1016 Function 5600 Activity 5640 Revenue: 125-6153606-3346900H- State Grants 125-6153606-369001SH-Program Income 125-6153606-381001 GT - Trnsfr fm Gen. Fund $ 42,338.30 $ 577.00 $ 7,320.89 Total Revenue $ 50,236.19 Appropriations: 125-6153606-510120-Salaries 125-6153606-510210-Fica 125-6153606-510220-Retirement 125-6153606-510230-Group Insurance 125-6153606-510240-Worker's Compensation 125-6153606-530400- Travel 125-6153606-53041 O-Communications & Postage 125-6153606-530451-Risk Management 125-6153606-530470-Printing 125-6153606-530498-Advertising 125-6153606-530510-0ftice Supplies 125-6153606-530520-0perating Supplies $ 28,623.23 3,359.49 2,526.61 11,929.50 1,582.71 814.65 50.00 900.00 50.00 50.00 200.00 150.00 Total Appropriations: $50,236.19 BE IT FURTHER RESOLVED BY SAID BOARD, that thc Clcrk of said Board. upon rcceipt ofthc abovc unanticipated funds, is hercby authorizcd and dircctcd to placc funds in said itcms, as set forth abovc. PASSED AND ADOPTED by the Board of County Commissioncrs of Monroc County. Florida, at a rcgular mccting of said Board hcld on thc 15th day ofNovcmber AD 2006 Mayor McCoy Mayor Pro Tcm Spchar Commissioner Ncugent Commissioncr Oi Gcnnaro Commissioncr Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mayor/Chairman (Seal) Attcst: DANNY L. KOLHAGE, Clcrk Item 46 amend reso#496-2006 adi 6153606 rollover Page 1 OMB Schedule Item Number 47 Resolulion No. - 2006 A RESOLUTION AMENDING RESOLUTION NO. 497 -2006 WHEREAS, Resolution Number 497-2006, heretofore enacted for the purpose of receiving unanticipated funds, contains an erroneous information, and WHEREAS, it is lhe desire of the Commission to rectify by amendment such errors, now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that Resolution No. 497-2006 previously set up in the Monroe County Budget for the purpose of receiving unanticipated funds in Fiscal Year 2007 contained certain erroneous information and said resolution, passed and adopted on October 18, 2006, is hereby amended. Fund #125 - Governmental Fund Type Grants Cost Center # 6153706 Community Care for Disabled Adults Offcl/Div# 1016 Function 5600 Activity 5640 Revenue: 125-6153706-3346900H 125-6153706-3469030H 125-6153706-381001 GT State Grants Serv-Hmn Svc HCBS PWB HL T Trsnf fm gen Fund $56,517.52 $ 1,295.00 $ 9,081.44 Total Revenue $66,893.96 Appropriations: 125-6153706-510120-Salaries 125-6153706-510210-Fica 125-6153706-510220-Retirement 125-6153706-510230-Group Insurance 125-6153706-51 0240-Worker's Compensation 125-6153706-530400- Travel 125-6153706-53041 O-Communications & Postage 125-6153706-530451-Risk Management 125-6153706-530470-Printing 125-6153706-530510-0ffice Supplies 125-6153706-530520-0perating Supplies $36,438.30 3,496.20 2,636.20 11,712.00 1,726.10 1,685.16 50.00 900.00 50.00 200.00 8,000.00 Total Appropriations: $66,893.96 BE IT FURTHER RESOLVED BY SAID BOARD, that thc Clcrk of said Board, upon rcccipt of thc abovc unanticipatcd funds. is hercby authorizcd and directcd to placc funds in said itcms. as sct forth abovc, PASSED AND ADOPTED by thc Board of County Commissioncrs of Monroc County. Florida. at a rcgular mceting of said Board hcld on thc 15'h day of Novcmbcr AD 2006. Mayor McCoy Mayor Pro Tcm Spehar Commissioner Ncugcnt Commissioner Di Gcnnaro Commissioner Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: ~~- --~.,- Mayor/Chairman (ScaI) Attcst: DANNY L. KOLHAGE, Clcrk Item 47 amend reso#497-2006 ccda 6153706 rollover Page 1 OMB Scbedule Item Numher 48 Resolution No, - 2006 A RESOLUTION AMENDING RESOLUTION NO. 498 -2006 WIIERE'AS, Resolution Number 498-2006, heretofore enacted for the purpose of receiving unanticipated funds, contains an erroneous information, and WHEREAS. it is the desire of the Commission to rectify by amendment such errors, now therefore, BE IT RESOLVED BYIHE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY. FLORIDA, that Resolution No. 498-2006 previously set up in the Monroe County Budget for the purpose of receiving unanticipated funds in Fiscal Year 2007 contained certain erroneous information and said resolution, passed and adopted on October 18,2006, is hereby amended. Fund #125 - Governmental Fund Type Grants Cost Center # 6153806 Community Care for the Elderly Offcl/Div# 1016 Function 5600 Activity 5640 Revenue: 125-6153806-3346900H- State Grants 125-6153806-369001 SH- Program Income I 25-6153806-38100 IGT-Trnsffm Gen Fund $287.296.30 26,799.00 53,315.22 Total Revenue $ 367,410.52 Appropriations: 125-6153806-510120-Salaries 125-6153806-510210-Fica 125-6153806-510220-Retirement 125-6153806-510230-Gronp Insurance 125-6153806-51 0240-Worker's Compensation 125-6153806-530310-Professional Services 125-6153806-530400- Travel 125-6153806-53041O-Communications & Postage 125-6153806-530451-Risk Management 125-6153806-530470-Printing 125-6153806-530460-Repairs & Maintenance I 25-6153806-530440-Rental 125-6153806-530498-Advertising 125-6153806-530510-0ffice Supplies 125-6153806-530520-0perating Supplies $ 213,907.37 20,171.90 14,916.90 75,495.00 12.003.64 21.00 10,019.88 1,977.16 12,000.00 17.00 1,000.00 1,918.88 98.48 1,979.20 1,884.11 Total Appropriations: $ 367,410.52 BE IT FURTHER RESOLVED BY SAID BOARD, that thc Clerk of said Board. upon receipt of the above unanticipated funds, is hcreby authorized and directed to place funds in said items, as set forth above. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County. Florida. at a regular meeting of said Board held on the 15th day of November AD 2006 Mayor McCoy Mayor Pro Tem Spehar Commissioner Neugent Commissioner Di Gennaro Commissioner Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mayor/Chaimlan (Scal) Attcst: DANNY L KOLHAGE, Clerk Item 48 amend reso#498-2006 unant cce 6153806 rollover rollover Page 1 OMB Schedule Item Number 49 Resolution No. - 2006 A RESOLUTION AMENDING RESOLUTION NO. 196 -2006 WHEREAS, Resolution Number 196-2006, heretofore enacted for the purpose of receiving unanticipated funds, contains an erroneous information, and WHEREAS, it is the desire of the Commission to rectify by amendment such errors, now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that Resolution No. 196-2006 preyiously set up in the Monroe County Budget for the purpose of receiying unanticipated funds in Fiscal Year 2006 contained certain erroneous information and said resolution, passed and adopted on May 16,2006, is hereby amended. Fund # 101 Fine & Forfeiture Fund Cost Center # 68618 MCSO Grants Revenue: 101-369010 Misc Other- Insurance Proceeds $527,749.55 Total Revenue $527,749.55 Appropriations: 101-5210-68618-560640 Capital Outlay Equipment $527,749.55 Total Appropriations: $527,749.55 --------- --------- BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon receipt of the above unanticipated funds, is hereby authorized and directed to place funds in said items, as set forth above. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 15th day of November AD 2006. Mayor McCoy Mayor Pro Tern Spehar Commissioner Neugent Commissioner Di Gennaro Commissioner Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mayor/Chairman (Seal) Attest: DANNY L. KOLHAGE, Clerk Item 49 amend reso#196-2006 unant 101 Sheriff Ins Proceeds OMB Schedule Item Number 50 Resolution No. - 2006 A RESOLUTION CONCERNING THE RECEIPT OF UNANTICIPATED FUNDS WHEREAS, it is necessary for the Board of County Commissioners of Monroe County, Florida, to increase items to account for unanticipated funds in the Monroe County Budget for the Fiscal Year 2006, now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that the following accounts of the Monroe County Budget for the Fiscal Year 2006 be and the same is hereby increased by the amount hereinafter set forth: Fund #101 Fine & Forfeiture Fund Cost Center # 68618 MCSO Grants Revenue: 101-369010 Misc Other- Insurance Proceeds $577,162.15 Total Reyenue $577,162.15 --------- --------- Appropriations: 101-5210-68618-560640 Capital Outlay Equipment $577,162.15 Total Appropriations: $577,162.15 --------- --------- BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon receipt of the above unanticipated funds, is hereby authorized and directed to place funds in said items, as set forth above. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 15th day of November AD 2006. Mayor McCoy Mayor Pro Tern Spehar Commissioner Neugent Commissioner Di Gennaro Commissioner Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mayor/Chairman (Seal) Attest: DANNY L. KOLHAGE, Clerk Item 50 unant 101 68618 Sheri ff Ins Proceeds OMB Schedule Item Number 51 Resolution No. - 2006 A RESOLUTION CONCERNING THE RECEIPT OF UNANTICIPATED FUNDS WHEREAS, it is necessary for the Board of County Commissioners of Monroe County, Florida, to increase items to account for unanticipated funds in the Monroe County Budget for the Fiscal Year 2007 now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that the following accounts of the Monroe County Budget for the Fiscal Year 2007 be and the same is hereby increased by the amount hereinafter set forth: Fund #125 - GoyernmentalFund Type Grants Cost Center # 6153106 Older Americans Act -Cl Offcl/Div# 1016 Function 5600 Activity 5640 Revenue: 125-6153106-3316900H Federal Grants $5,187.00 Total Revenue $5,187.00 Appropriations: 125-6153106-530491-Food $5,187.00 Total Appropriations: $5,187.00 BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon receipt of the above unanticipated funds, is hereby authorized and directed to place funds in said items, as set forth above. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 15th day of November AD 2006. Mayor McCoy Mayor Pro Tern Spehar Commissioner Neugent Commissioner Di Gennaro Commissioner Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mayor/Chairman (Seal) Attest: DANNY L. KOLHAGE, Clerk Item 51 unant amend#3 aa-629 oaa c 1 6153106 OMB Schedule Item Number 52 Resolution No. - 2006 A RESOLUTION CONCERNING THE RECEIPT OF UNANTICIPATED FUNDS WHEREAS, it is necessary for the Board of County Commissioners of Monroe County, Florida, to decrease items to account for unanticipated funds in the Monroe County Budget for the Fiscal Year 2007 now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that the following accounts of the Monroe County Budget for the Fiscal Year 2007 be and the same is hereby decreased by the amount hereinafter set forth: Fund #125 Goyernmental Fund Type Grants Cost Center # 6153106 - Older Americans Act -Cl Offcl/Div# 1016 Function 5600 Actiyity 5640 Reyenue: 125-6153106-3316900 H Federal Grants <-$15,484.00> Total Revenue <-$15,484.00> Appropriations: 125-6153106-530491-Food <-$15,484.00> Total Appropriations: <-$15,484.00> BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon receipt of the above unanticipated funds, is hereby authorized and directed to place funds in said items, as set forth above. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 15th day of November AD 2006. Mayor McCoy Mayor Pro Tem Spehar Commissioner Neugent Commissioner Di Gennar 0 Commissioner Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mayor/Chairman (Seal) Attest: DANNY L. KOLHAGE, Clerk Item 52 unant amend#3 aa-629 oaa c I 6153106 OMB Schedule Item Number 53 Resolution No. - 2006 A RESOLUTION CONCERNING THE RECEIPT OF UNANTICIPATED FUNDS WHEREAS, it is necessary for the Board of County Commissioners of Monroe County, Florida, to increase items to account for unanticipated funds in the Monroe County Budget for the Fiscal Year 2007 now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that the following accounts of the Monroe County Budget for the Fiscal Year 2007 be and the same is hereby increased by the amount hereinafter set fOlth: Fund #125 - Goyernmental Fund Type Grants Cost Center # 6153206 Older Americans Act -C2 Offcl/Diy# 1016 Function 5600 Actiyity 5640 Reyenue: 125-6153206-3316900H Federal Grants $15,484.00 Total Revenue $15,484.00 Appropriations: 125-6153206-530491 Food $15,484.00 Total Appropriations: $15,484.00 BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon receipt of the above unanticipated funds, is hereby authorized and directed to place funds in said items, as set forth above. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 15th day of November AD 2006. Mayor McCoy Mayor Pro Tem Spehar Commissioner Neugent Commissioner Di Gennaro Commissioner Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mayor/Chairman (Seal) Attest: DANNY L. KOLHAGE, Clerk Item 53 unant amend#3 aa-629 oaa c2 6153206 OMB Schedule Item Number 54 Resolution No. - 2006 A RESOLUTION AMENDING RESOLUTION NO. 359 -2006 WHEREAS, Resolution Number 359-2006, heretofore enacted for the purpose of receiving unanticipated funds, contains an erroneous information, and WHEREAS, it is the desire of the Commission to rectify by amendment such errors, now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that Resolution No. 359-2006 previously set up in the Monroe County Budget for the purpose of receiving unanticipated funds in Fiscal Year 2006 contained certain erroneous information and said resolution, passed and adopted on September 20, 2006, is hereby amended, Fund #161 Sheritrs Federal Asset Cost Center # 68613 Federal Asset Sharing Revenues: 161-338000GM 161-361005GI 161-389002 Shared Rev fr Other Local Units Interest Earnings Fund Balance Forward $ 272,929.22 $ 77,673.05 $ 255,273.65 Total Revenue: $ 605,875.92 Appropriations: 161-5210-68613-510120 161-5210-68613-510140 161-5210-68613-510210 161-5210-68613-510220 161-5210-68613-530340 161-5210-68613-530460 161-5210-68613-530510 161-5210-68613-530520 161-5210-68613-560640 161-5210-68613-530581 Regular Salaries & Wages Overtime FICA Taxes Retirement Contributions Other Contractual Services Repairs & Maitenance Oftlce Supplies Operating Supplies Capital Outlay equipment Grants and Aids $ 4,304.18 $ 25,391.71 $ 2,184.49 $ 5,601.98 $ 111,874.14 $ 50,399.00 $ 30,770.12 $ 445.20 $ 300,559.23 $ 74,345.87 Total Appropriations: $ 605,875.92 BE IT FURTHER RESOLVED BY SAID BOARD, that thc Clerk of said Board. upon rcccipt ofthc abovc unanticipated funds. is hcrcby authorizcd and dircctcd to placc funds in said itcms. as sct forth abovc. PASSED AND ADOPTED by thc Board of County Commissioncrs of Monroc County. Florida. at a regular mceting of said Board held on the IS'h day of Novcmbcr, AD 2006. Mayor McCoy Mayor Pro Tcm Spchar Commissioncr Ncugcnt Commissioner Oi Gennaro Commissioncr Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mayor/Chairman (Scal) Attcst: DANNY L. KOLHAGE. Clcrk Itclll 54 amcnd rcso1l359-2006 unant fimd 161 Sheriffs Fed. Asset 68613 OMB Schedule Item Number 55 Resolution No. - 2006 A RESOLUTION AMENDING RESOLUTION NO. 360 -2006 WHEREAS, Resolution Number 360-2006, heretofore enacted for the purpose of receiving unanticipated funds, contains an erroneous information, and WHEREAS, it is the desire of the Commission to rectify by amendment such errors, now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that Resolution No. 360-2006 previously set up in the Monroe County Budget for the purpose of receiving unanticipated funds in Fiscal Year 2006 contained certain erroneous information and said resolution, passed and adopted on September 20, 2006, is hereby amended. Fund #101 Fine & Forfeiture Fund Cost Center # 68605 Airporl Services Revenues: 101-342100SS Services-Pub. Safety-Police $1,804,962.17 Total Revenue: $1,804,962.17 Appropriations: 101-5210-68605-510120 101-5210-68605-510140 101-5210-68605-510210 101-5210-68605-510220 101-5210-68605-510230 101-5210-68605-510240 101-5210-68605-530340 101-5210-68605-530410 101-5210-68605-530460 101-5210-68605-530510 101-5210-68605-530520 101-5210-68605-530540 101-5210-68605-560640 Regular Salaries & Wages Overtime FICA Taxes Retirement Contributions Life & Health Insurance Worker's Comp Other Contractual Svcs Phone & Postage/Freight Repairs & Maint Office Supplies Operating Supplies Books, Pub., Subs, Training Capital Outlay Equipment $1,014,521.94 $ 182,193.85 $ 89,344.34 $ 152,349.78 $ 232,048.36 $ 35,468.23 $ 11,523.00 $ 17,149.25 $ 17,553.13 $ 12,206.14 $ 17,583.58 $ 17,503.33 $ 5,517.24 Total Appropriations: $1,804,962.17 BE IT FURTHER RESOLVED BY SAID BOARD, that thc Clcrk of said Board. upon reccipt of thc abovc unanticipatcd funds, is hcrcby authorized and dirccted to placc funds in said items. as sct forth abovc. PASSED AND ADOPTED by thc Board of County Commissioncrs of Monroe County, Florida. at a rcgular mecting of said Board held on thc 15'h day of Novcmbcr. AD 2006, Mayor McCoy Mayor Pro Tcm Spchar Commissioner Neugent Commissioncr Di Gcnnaro Commissioner Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLDRIDA By: Mayor/Chairman (Scal) Attest: DANNY L. KOLHAGE. Clcrk Itcm 55 amcnd rcso#360-2006 lInant tlllld 101 Sheriffs Airport Sves 68605 OMB Schedule Item Number 56 Resolution No. - 2006 A RESOLUTION AMENDING RESOLUTION NO. 361-2006 WHEREAS. Resolution Number 361-2006, heretofore enacled for the purpose of receiving unanticipated funds, contains an erroneous information, and WHEREAS, it is the desire of the Commission to rectify by amendment such errors, now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that Resolution No. 361- 2006 previously set up in the Monroe County Budget for the purpose of receiving unanticipated funds in Fiscal Year 2006 contained certain erroneous information and said resolution, passed and adopted on September 20, 2006, is hereby amended. Fund #101 Fine & Forfeiture Fund Cost Center # 68601 HIDT A Grant Revenues: 101-3312000S Federal Grants-Public Safety $20,777,535.35 Total Revenue: $20,777,535.35 Appropriations: 101-5210-68601-510120 101-5210-68601-510140 101-5210-68601-510210 101-5210-68601-510220 101-5210-68601-510230 101-5210-68601-510240 101-5210-68601-530340 10 1-5210-68601-530400 101-5210-68601-530410 101-5210-68601-530430 101-5210-68601-530440 101-5210-68601-530460 101-5210-68601-530470 101-5210-68601-530450 101-5210-68601-530510 101-5210-68601-530520 101-5210-68601-530540 101-5210-68601-560640 101-5210-68601-570710 101-5210-68601-570720 Regular Salaries & Wages Overtime FICA Taxes Retirement Contributions Life & Health Insurance Worker's Comp Other Contractual Svcs Travel Phone & Postage/Freight Utility Services Rental Repairs & Maint Printing Insurance Office Supplies Operating Supplies Books, Pub., Subs Capital Outlay Equipment Debt Service- Principal Debt Service- Interest $ 3,870,814.36 $ $ 257,600.24 $ 330,909.58 $ 571,911.66 $ 12,651.73 $10,032,003.87 $ 344,737.03 $ 486,106.65 $ 872,677.76 $ 2,637,474.46 $ 122,565.86 $ 10,474.83 $ 85,076.07 $ 364,647.70 $ 182,240.00 $ 42,688.31 $ 499,205.56 $ 49,502.86 $ 4,246.82 Total Appropriations: $20,777,535.35 BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon receipt of the above unanticipated funds, is hereby authorized and directed to place funds in said items, as set forth above. PASSED AND ADOPTED by thc Board of County Commissioners of Monroc County, Florida. at a regular mccting of said Board hcld on thc IS'h day of Novcmbcr. AD 2006. Mayor McCoy Mayor Pro Tcm Spehar Commissioncr Neugcnt Commissioncr Di Gcnnaro Commissioncr Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY. FLORIDA By: Mayor/Chairman (Scal) Attcst: DANNY L. KOLJIAGE, Clcrk Itcm 56 amend rcso#361-2006 unant tlll1d 101 HI DTA Grant 68601 OMB Schedule Item Number 57 Resolution No. - 2006 A RESOLUTION AMENDING RESOLUTION NO. 362 -2006 WHEREAS, Resolution Number 362-2006, heretofore enacted for the purpose of receiving unanticipated funds, contains an erroneous information, and WHEREAS, it is the desire of the Commission to rectify by amendment such errors, now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that Resolution No. 362-2006 previously set up in the Monroe County Budget for the purpose of receiving unanticipated funds in Fiscal Year 2006 contained certain erroneous information and said resolution, passed and adopted on September 20, 2006, is hereby amended. Fund #101 Fine & Forfeiture Fund Cost Center # 68612 Impact Support Revenues: 101-342100SS Services-Pub. Safety-Police $ 118,482.98 Total Revenue: $ 118,482.98 Appropriations: 101-5210-68612-510120 101-5210-68612-510140 101-5210-68612-510210 101-5210-68612-510220 101-5210-68612-510230 101-5210-68612-510240 101-5210-68612-530340 Regular Salaries & Wages Overtime FICA Taxes Retirement Contributions Life & Health Insurance Worker's Comp Other Contractual Svcs $ 83,883.76 $ 3,591.98 $ 6,611.94 $ 7,453.60 $ 16,370.13 $ 241.57 $ 330.00 Total Appropriations: $ 118,482.98 BE IT FURTHER RESOLVED BY SAID BOARD, that the Clcrk of said Board. upon receipt of the above unanticipatcd funds, is hcrcby authorizcd and dircctcd to place funds in said itcms, as sct forth abovc. PASSED AND ADOPTED by thc Board of County Commissioncrs of Monroc County. Florida. at a rcgular mccting of said Board hcld on the 15'h day of Novembcr. AD 2006, Mayor McCoy Mayor Pro Tem Spchar Commissioncr Ncugcnt Commissioncr Di Gcnnaro Commissioncr Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY. FLORIDA By: __ Mayor/Chai rman (Scal) Attest: DANNY L. KOLl-lAGE. Clcrk Item 57 amend reso1l362-2006 unant fund] 0 I Impact Support 68612 OMB Schedule Item Number 58 Resolution No. - 2006 A RESOLUTION AMENDING RESOLUTION NO. 363 -2006 WHEREAS, Resolution Number 363-2006, heretofore enacted for the purpose of receiving unanticipated funds, contains an erroneous information, and WHEREAS, it is the desire of the Commission to rectify by amendment such errors, now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that Resolution No, 363-2006 previously set up in the Monroe County Budget for the purpose of receiving unanticipated funds in Fiscal Year 2006 contained certain erroneous information and said resolution, passed and adopted on September 20, 2006, is hereby amended. Fund #101 Fine & Forfeiture Fund Cost Center # 68603 Special Assignment Revenues: 101-342100SS Services-Pub. Safety-Police $ 75,250.54 $ 75,250.54 --.-.-.------- -.--."'-...----- $ 60,802.28 $ 4,651.38 $ 9,786.88 $ 75,240.54 -------- --'--"--.---- Total Revenue: Appropriations: 101-5210-68603-510120 101-5210-68603-510210 101-5210-68603-510220 Regular Salaries & Wages FICA Taxes Retirement Contributions Total Appropriations: BE IT FURTI-IER RESOLVED BY SAID BOARD, that thc Clcrk of said Board. upon reccipt ofthc abovc unanticipatcd funds. is hcreby authorizcd and dircctcd to placc funds in said itcms. as sct forth above. PASSED AND ADOPTED by thc Board of County Commissioncrs of Monroc County. Florida, at a rcgular mccting of said Board held on the IS'h day of Novcmbcr. AD 2006. Mayor McCoy Mayor Pro Tcm Spchar Commissioncr Ncugcnt Commissioner Di Gcnnaro Commissioner Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mayor/Chairman (Scal) Attcst: DANNY L KOLHAGE. Clerk Itcm 58 amend reso#363-2006 unant fund 101 Special Assignment 68603 OMB Schedule Item Number 59 Resolution No. - 2006 A RESOLUTION AMENDING RESOLUTION NO. 364 -2006 WHEREAS, Resolution Number 364-2006, heretofore enacted for the purpose of receiving unanticipated funds, contains an erroneous information, and WHEREAS, it is the desire of the Commission to rectify by amendment such errors, now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that Resolution No. 364-2006 previously set up in the Monroe County Budget for the purpose of receiving unanticipated funds in Fiscal Year 2006 contained certain erroneous information and said resolution, passed and adopted on September 20, 2006, is hereby amended. Fund #101 Fine & Forfeiture Fund Cost Center # 68623 South Florida Law Enforcement Trust Fund Revenues: 101 -359002SS 101-361005GI Fine & Forfeiture Interest Earnings $ 20,057.85 Total Revenue: $ 20,057.85 Appropriations: 101-5210-68623-530340 Other Contractual Services $ 20,057.85 Total Appropriations: $ 20,057.85 BE IT FURTHER RESOLVED BY SAID BOARD, that thc Clerk of said Board. upon rcccipt ofthc above unanticipatcd funds, is hcrcby authorized and dircctcd to placc funds in said items, as sct forth abovc. PASSED AND ADOPTED by thc Board of County Commissioncrs of Monroc County. Florida. at a rcgular mccting of said Board hcld on thc 15'h day of Novcmbcr. AD 2006. Mayor McCoy Mayor Pro Tcm Spchar Commissioncr Ncugcnt Commissioncr Di Gcnnaro Commissioncr Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mayor/Chairman (Scal) Attcst: DANNY L. KOLHAGE. Clcrk Item 59 amend reso#364-2006 unant fund 101 South Florida LETF 68623 OMB Schedule Item Number 60 Resolution No. - 2006 A RESOLUTION AMENDING RESOLUTION NO. 366 -2006 WHEREAS, Resolution Number 366-2006, heretofore enacted for the purpose of receiving unanticipated funds, contains an erroneous information, and WHEREAS, it is the desire of the Commission to rectify by amendment such errors, now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that Resolution No. 366-2006 previously set up in the Monroe County Budget for the purpose of receiving unanticipated funds in Fiscal Year 2006 contained certain erroneous information and said resolution, passed and adopted on September 20, 2006, is hereby amended, Fund #101 Fine & Forfeiture Fund Cost Center # 68622 HIDT A Administration Revenues: 101-342100SS 101-389002 Services-Public Safety Fund Balance Forward $211,693.66 $ Total Revenue: $211,693.66 Appropriations: 101-5210-68622-510120 101-5210-68622-510140 101-5210-68622-510210 101-5210-68622-510220 101-5210-68622-530340 101-5210-68622-530400 101-5210-68622-530410 101-5210-68622-530450 101-5210-68622-530510 101-5210-68622-530520 101-5210-68622-560640 Regular Salaries & Wages Overtime FICA Taxes Retirement Contributions Other Contractual Services Travel Phone & Postage/Freight Insurance Office Supplies Operating Supplies Capital Outlay Equipment $ 159,155.84 $ 2,113.71 $ 11,794.27 $ 13,628.19 $ 1,075.00 $ 13,716.97 $ 2,596.15 $ 2,125.04 $ 1,947.92 $ 390.44 $ 3,150.13 Total Appropriations: $211,693.66 BE IT FURTHER RESOLVED BY SAID BOARD, that thc Clcrk of said Board. upon reccipt ofthc abovc unanticipatcd funds, is hcreby authorizcd and dirccted to placc funds in said items. as sct forth abovc, PASSED AND ADOPTED by thc Board of County Commissioncrs of Monroc County. Florida, at a rcgular mccting of said Board hcId on thc ISth day of Novcmbcr. AD 2006. Mayor McCoy Mayor Pro Tcm Spchar Commissioncr Ncugent Commissioncr Di Gcnnaro Commissioncr Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY. FLORIDA By: Mayor/Chairman (Scal) Attcst: DANNY L. KOLHAGE. Clerk Item 60 amend reso#366.2006 L1nant tlll1d 101 H I lyrA Adm 68622 OMB Schedule Item Number 61 Resolution No. - 2006 A RESOLUTION AMENDING RESOLUTION NO. 367 -2006 WHEREAS, Resolution Number 367-2006, heretofore enacted for the purpose of receiving unanticipated funds, contains an erroneous information, and WHEREAS, it is the desire of the Commission to rectify by amendment such errors, now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that Resolution No. 367-2006 previously set up in the Monroe County Budget for the purpose of receiving unanticipated funds in Fiscal Year 2006 contained certain erroneous information and said resolution, passed and adopted on September 20, 2006, is hereby amended. Fund #101 Fine & Forfeiture Fund Cost Center # 68617 Fine & Forfeiture Revenues: 101-338000GM 101-369001GM 101-361005GI Shared Rev I'm other LocallJnits Miscellaneous Interest Earnings $ 30,413.48 $ 81,389.13 $ 1,934.73 Total Revenue: $ 113,737.34 Appropriations: 101-5210-68617-530520 Operating Supplies $ 113,737.34 Total Appropriations: $ 113,737.34 BE IT FURTHER RESOLVED BY SAID BOARD, that the Clcrk of said Board. upon rcccipt ofthc abovc unanticipatcd funds. is hcrcby authorizcd and dircctcd to placc funds in said itcms. as. sct forth abovc. PASSED AND ADOPTED by thc Board of County Commissioncrs of Monroc County. Florida. at a rcguIar mccting of said Board held on thc IS'h day of Novcmbcr. AD 2006. Mayor McCoy Mayor Pro Tcm Spchar Commissioner Ncugcnt Commissioncr Di Gcnnaro Commissioner Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mayor/Chairman (Scal) Attest: DANNY L. KOLHAGE, Clerk Item 61 amend rcso#367 -2006 unant fund 101 Fine & Forfeiture 686 I 7 OMB Schedule Item Number 62 Resolution No. - 2006 A RESOLUTION AMENDING RESOLUTION NO. 368 -2006 WHEREAS, Resolution Number 368-2006, heretofore enacted for the purpose of receiving unanticipated funds, contains an erroneous information, and WHEREAS, it is the desire of the Commission to rectify by amendment such errors, now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that Resolution No. 368-2006 previously set up in the Monroe County Budget for the purpose of receiving unanticipated funds in Fiscal Year 2006 contained certain erroneous information and said resolution, passed and adopted on September 20, 2006, is hereby amended. Fund #101 Fine & Forfeiture Fund Cost Center # 68624 Commissary Revenues: 101-369001GM 101-361005GI Miscellaneous Interest Earnings $ 434,720.22 $ 11,386.89 Total Revenue: $446,107.11 Appropriations: 101-5210-68624-510120 101-5210-68624-510140 101-5210-68624-510210 101-5210-68624-510220 101-5210-68624-530340 101-5210-68624-530400 101-5210-68624-530410 101-5210-68624-530430 101-5210-68624-530450 101-5210-68624-530470 101-5210-68624-530510 101-5210-68624-530520 101-5210-68624-530540 Regular Sahlries & Wages Overtime FICA Taxes Retirement Contributions Other Contractual Services Travel Phone & Postage/Freight Utility Services Insurance Printing & Binding Office Supplies Operating Supplies Books, Publications, Subs $ 129,693.87 $ 3,650.72 $ 10,170.83 $ 12,055.99 $ 146,856.63 $ 358.40 $ 57,307.66 $ 4,811.01 $ 1,247.04 $ 640.20 $ 13,682.95 $ 48,286.08 $ 17,345.73 Total Appropriations: $446,1 07.11 BE IT FURTHER RESOLVED BY SAID BOARD, that thc Clcrk of said Board, upon receipt of the abovc unanticipatcd funds. is hcrcby authorizcd and directcd to place funds in said itcms. as sct forth abovc. PASSED AN D ADOPTED by the Board of County Commissioners of Monroe County. Florida. at a regular meeting of said Board hcld on thc 15'h day of Novembcr. AD 2006. Mayor McCoy Mayor Pro Tcm Spchar Commissioncr Ncugcnt Commissioncr Di Gcnnaro Commissioncr Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY. FLORIDA By: Mayor/Chairman (Scal) Attcst: DANNY L. KOLHAGE. Clerk Item 62 amend reso1l368-2006 llllallt fUlld 101 Commissary 68624 OMB Schedule Item Number 63 Resolution No. - 2006 A RESOLUTION AMENDING RESOLUTION NO. 369 -2006 WHEREAS, Resolution Number 369-2006, heretofore enacted for the purpose of receiving unanticipated funds, contains an erroneous information, and WHEREAS, it is the desire of the Commission to rectify by amendment such errors, now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY. FLORIDA. that Resolution No. 369- 2006 previously set up in the Monroe County Budget for the purpose of receiving unanticipated funds in Fiscal Year 2006 contained certain erroneous information and said resolution, passed and adopled on September 20, 2006, is hereby amended. Fund #101 Fine & Forfeiture Fund Cost Center # 68618 Grants Revenues: 101-3312000S 101-342100SS 101-369001GM 101-381101GT Federal Grants-Public Safety Services-Public Safety Miscellaneous Revenues Transfer fm Fine & Forfeiture $1,708,583.40 $ 1,885.93 $ 631,723.81 $ 447,189.04 Total Revenue: $2,789,382.18 Appropriations: 101-5210-68618-510120 101-5210-68618-510140 101-5210-68618-510210 101-5210-68618-510220 101-5210-68618-510240 101-5210-68618-530340 101-5210-68618-530400 101-5210-68618-530410 101-521 0-68618-530430 101-5210-68618-530440 101-5210-68618-530450 101-5210-68618-530460 101-5210-68618-530510 101-5210-68618-530520 101-5210-68618-530540 101-5210-68618-560640 Regular Salaries & Wages Overtime FICA Taxes Retirement Contributions Worker's Comp Olher Contractual Services Travel Phone & Postage/Freight Utilities Rental Insurance Repairs & Maint Office Supplies Operating Supplies Books, Pub. Subs Capital Outlay Equipment $ 519,701.88 $ 84,636.08 $ 44,477.48 $ 66,899.34 $ 752.15 $ 10,043.26 $ 5,373.14 $ 5,433.98 $ 312.44 $ 6,290.00 $ 13,997.02 $ 35,415.39 $ 54,616.50 $ 47,036.91 $ 215.00 $ 1,894,181.61 Total Appropriations: $ 2,789,382.18 BE IT FURTHER RESOLVED BY SAID BOARD, that the Clcrk of said Board, upon rcceipt ofthc abovc unanticipatcd funds, is hcrcby authorizcd and directed to placc funds in said items, as set forth above. PASSED AND ADOPTED by thc Board of County Commissioncrs of Monroe County. Florida, at a regular mecting of said Board hcld on the 15th day of Novcmbcr. AD 2006, Mayor McCoy Mayor Pro Tern Spchar Commissioncr Ncugcnt Commissioncr Di Gcnnaro Commissioncr Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY. FLORIDA By: Mayor/Chairman (ScaI) Attcst: DANNY L KOLHAGE. Clcrk Item 63 amcnd rcso#369-2006 unant fund 101 MeSO (hants 68618 OMB Schedule Item Number 64 Resolution No. - 2006 A RESOLUTION AMENDING RESOLUTION NO. 370 -2006 WHEREAS, Resolution Number 370-2006, heretofore enacted for the purpose of receiving unanticipated funds, contains an erroneous information, and WHEREAS, it is the desire of the Commission to rectify by amendment such errors, now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that Resolution No, 370-2006 previously set up in the Monroe County Budget for the purpose of receiving unanticipated funds in Fiscal Year 2006 contained certain erroneous information and said resolution, passed and adopted on September 20, 2006, is hereby amended. Fund #101 Fine & Forfeiture Fund Cost Center # 68626 Shared Asset Forfeiture Revenues: 101-361005GI Interest Earnings $ 96,363.78 Total Revenue: $ 96,363.78 Appropriations: 101-5210-68626-530490 Miscellaneous Expenses $ 96,363.78 Total Appropriations: $ 96,363.78 BE IT FIJRTHER RESOLVED BY SAID BOARD, that thc Clerk of said Board. upon rcccipt of thc abovc unanticipatcd funds. is hcreby authorizcd and dircctcd to placc funds in said itcms. as set forth abovc. PASSED AND ADOPTED by thc Board of County Commissioners of Monroc County, Florida. at a regular mccting of said Board hcId on thc ISth day ofNovcmber, AD 2006. Mayor McCoy Mayor Pro Tcm Spchar Commissioncr Ncugcnt Commissioncr Di Gennaro Commissioncr Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY. FLORIDA By: ~_ Mayor/Chairman (Scal) Attcst: DANNY L. KOLHAGE. Clerk Itcm 64 amcnd rcso#370-2006 lll1ant fund 101 Sharcd Asset Forfeiture 68626 OMB Schedule Item Number 65 Resolution No. - 2006 A RESOLUTION CONCERNING THE RECEIPT OF UNANTICIPATED FUNDS WHEREAS, it is necessary for the Board of County Commissioners of Monroe County, Florida, to increase items to account for unanticipated funds in the Monroe County Budget for the Fiscal Year 2007, now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that the following accounts of the Monroe County Budget for the Fiscal Year 2007 be and the same is hereby increased by the amount hereinafter set forth: Fund # 503 Risk Management Cost Center # 08503 Risk Mgmt Claims Revenue: 503-369010 Misc-Other-Insurance Proceeds $456,663.28 Total Revenue $456,663.28 --------- --------- Appropriations: 503-5290-08503-530456 Property Damage Expense $456,663.28 Total Appropriations: $456,663.28 -------- -------- BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon receipt of the above unanticipated funds, is hereby authorized and directed to place funds in said items, as set forth above. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 15th day of November AD 2006. Mayor McCoy Mayor Pro Tern Spehar Commissioner Neugent Commissioner Di Gennaro Commissioner Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mayor/Chairman (Seal) Attest: DANNY L. KOLHAGE, Clerk Item 65 unant 503 08503 OMB Schedule Item Number 66 Resolution No. - 2006 A RESOLUTION CONCERNING THE TRANSFER FUNDS WHEREAS, it is necessary for the Board of County Commissioners of Monroe County, Florida, to make budgeted transfers in the Monroe County Budget for the Fiscal Year 2007, now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that there shall be transfers of amounts previously set up in the Monroe County Budget for the Fiscal Year 2007 as, hereinafter set forth to and from the following accounts: Fund #503 Risk Management Fund From: 503-5200-5290-1011-08503-530456 Cost Center # 08503 Risk Mgmt Claims For the Amount: $456,663.28 To: 503-5800-5810-1000-86520-590403 Cost Center # 86520 Budgeted Transfer 503 Property Damage Exp Transfers BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon receipt of the above, is hereby authorized and directed to make necessary changes of said items, as set forth above. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 15th day of November, AD 2006. Mayor McCoy Mayor Pro Tern Spehar Commissioner Neugent Commissioner Di Gennaro Commissioner Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mayor/Chairman (Seal) Attest: DANNY L. KOLHAGE, Clerk Item 66 fund 503 tranf fm 08503 to 86520 OMB Schedule Item Number 67 Resolution No. - 2006 A RESOLUTION CONCERNING THE RECEIPT OF UNANTICIPATED FUNDS WHEREAS, it is necessary for the Board of County Commissioners of Monroe County, Florida, to increase items to account for unanticipated funds in the Monroe County Budget for the Fiscal Year 2007, now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that the following accounts of the Monroe County Budget for the Fiscal Year 2007, be and the same is hereby increased by the amount hereinafter set forth: Fund # 403 Marathon Airport Cost Center # 63501 Marathon Airport 0 & M Revenue: 403-369010 Mise-ather-Insurance Proceeds $456,663.28 Total Revenue $456,663.28 Appropriations: 403-5420-63501-530340 Other Contract Services $456,663.28 Total Appropriations $456,663.28 BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon receipt of the above, is hereby authorized and directed to make the necessary changes of said items, as set forth above. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the] 5th day of November AD 2006. Mayor McCoy Mayor Pro Tern Spehar Commissioner Neugent Commissioner Di Gennaro Commissioner Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mayor (Seal) Attest: DANNY L. KOLHAGE, Clerk Itcm 67 unant 403 6350 Imthn airprt OMB Schedule Item Number 68 Resolution No. - 2006 A RESOLUTION CONCERNING THE RECEIPT OF UNANTICIPATED FUNDS WHEREAS, it is necessary for the Board of County Commissioners of Monroe County, Florida, to increase items to account for the rollover of unanticipated funds in the Monroe County Budget for Fiscal Year 2006, now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that the following accounts of the Monroe County Budget for the Fiscal Year 2006, be and the same is hereby increased by the amount hereinafter set forth: Fund #158 Revenue: 158-348141 SC Misc. Special Revenue Fund $9,573.87 Total Revenue $9,573.87 ------- ------- Appropriations: 158-5640-04586-530340 Other Contractual Service $9,573.87 Total Appropriations: $9,573,87 -------- -------- Revenue: 158-348142SC Misc. Special Revenue Fund $9,573.86 Total Reyenue $9,573.86 Appropriations: 158-5810-86549-590001 Budgeted Transfers $9,573.86 Total Appropriations: $9,573.86 Revenue: 158-348143SC Misc. Special Revenue Fund $9,573.85 Total Revenue $9,573.85 -------- -------- Appropriations: 158-5210-68627-530340 Other Contractual Service $9,573,85 Total Appropriations: $9,573,85 Item 68 unant fund 158 page 1 Revenue: I 58-348144SC Misc. Special Revenue Fund $9,573.85 Total Revenue $9,573.85 -------- -------- Appropriations: 158-6010-82506-530340 Other Contractual Service $9,573.85 Total Appropriations: $9,573.85 BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon receipt of the above unanticipated funds, is hereby authorized and directed to place funds in said items, as set forth above. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 15th day of November AD 2006. Mayor McCoy Mayor Pro Tern Spehar Commissioner Neugent Commissioner Di Gennaro Commissioner Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mayor/Chairman (Seal) Attest: DANNY L. KOLHAGE, Clerk Item 68 unant fund 158 page 2 OMB Schedule Item Number 69 Resolution No. - 2006 A RESOLUTION CONCERNING THE TRANSFER OF FUNDS WHEREAS, it is ncccssary for thc Board of County Commissioncrs of Monroc County, Florida, to makc budgetcd transfers in thc Monroe County Budgct for the Fiscal Y car 2006, now thcrcforc, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that there shall bc transfcrs of amounts prcviously sct up in thc Monroe County Budgct for the Fiscal Year 2006 as, hercinaftcr sct fOlih to and from thc following accounts: Fund #146 Fire & Amb Dist 6 KL From: 146-5130-69003-530490 Miscellaneous Cost Center # 69003 Tax Collector 146 For the Amount: $700,00 To: 146-5260-13002-510241 Worker's Comp Vol Cost Center # 13002 Key Largo Ambulance BE IT FURTHER RESOLVED BY SAID BOARD, that thc Clerk of said Board, upon rcccipt of the above, is hcrcby authorizcd and directed to makc nccessary changes of said itcms, as set forth above. PASSED AND ADOPTED by the Board of County Commissioners of Monroc County, Florida, at a regular mecting of said Board hcld on thc IS'h day of Novembcr, AD 2006. Mayor McCoy Mayor Pro Tem Spchar Commissioncr Ncugcnt Commissioncr Di Gennaro Commissioner Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORlDA By: Mayor/Chairman (Seal) Attcst: DANNY L. KOLHAGE, Clerk Item 69 fund 146 trnsfi' to 13002 OMB Schedule Item Number 70 Resolution No. - 2006 A RESOLUTION CONCERNING THE TRANSFER OF FUNDS WHEREAS, it is neccssary for the Board of County Commissioncrs of Monroc County, Florida, to makc budgcted transfers in the Monroe County Budget for thc Fiscal Y car 2006, now thercforc, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that therc shall bc transfcrs of amounts prcviously set up in thc Monroe County Budget for thc Fiscal Y car 2006 as, hereinaftcr sct forth to and from thc following aceounts: Fund #153 Local Housing Assistance From: 153-5540-0101106-530490 Miscellaneous Cost Center # 0101106 SHIP FY 06 For the Amount: $7,981.00 To: 153-5540-0101105-530490 Miscellaneous Cost Center # 0101105 SHIP Adm FY 05 BE IT FURTHER RESOLVED BY SAID BOARD, that the Clcrk of said Board, upon rcccipt of the abovc, is hcrcby authorizcd and dircctcd to makc ncccssary changes of said itcms, as sct forth above, PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular mecting of said Board hcld on the] 5th day of Novcmber, AD 2006. Mayor McCoy Mayor Pro Tcm Spchar Commissioncr Neugent Commissioncr Di Gennaro Commissioner Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mayor/Chairman (Seal) Attest: DANNY L. KOLHAGE, Clerk Item 70 fund 153 trnsfi' to 0 I 0 II 05 OMB Schedule Item Number 71 Resolution No. - 2006 A RESOLUTION CONCERNING THE TRANSFER OF FUNDS WHEREAS, it is necessary for the Board of COWlty Commissioners of Monroe County, Florida, to make budgeted transfers in the Monroe COlUIty Budget for the Fiscal Year 2006, now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that there shall be transfers of amounts previously set up in the Monroe County Budget for the Fiscal Year 2006 as, hereinafter set forth to and from the following accounts: Fund #130 Impact Fee, Roadway, From: 130-5410-29000-560630 Capital Outlay Infra,tructure Co,t Center # 29000 Roadway Project, For the Amount: $627,935.00 To: 130-5810-86519-590125 Budgeted Tran,fer Co,t Center #86519 Budgeted Tran,fer 130 BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon receipt of the above, is hereby authorized and directed to make necessary changes of said items, as set forth above. PASSED AND ADOPTED by the Board of County Commissioners of Momoe County, Florida, at a regular meeting of said Board held on the 15th day of November, AD 2006. Mayor McCoy Mayor Pro Tern Spehar Commissioner Neugent Commissioner Di Germaro Commissioner Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mayor/Chairman (Seal) Attest: DANNY L. KOLHAGE, Clerk Item 71 fund 130tmsfrto 86519 590125 f: ).. 'l OMB Schedule Item Number 72 Resolution No. -2006 A RESOLUTION CONCERNING THE TRANSFER OF FUNDS WHEREAS, it is necessary for the Board of COlUlty Commissioners of Mornoe County, Florida, to make budgeted transfers in the Monroe Cmmty Budget for the Fiscal Year 2006, now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that there shall be transfers of ammmts previously set up in the Monroe County Budget for the Fiscal Year 2006 as, hereinafter set forth to and from the following accounts: Fund #101 Fine & Forfeiture Fund From: 101-5130-85503-590990 Other Uses Cod Center # 85503 Reserves 101 For tbe Amount: $16,667.00 To: 101-5810-86518-590125 Budgeted Transfer Cost Center #86518 Budgeted Transfer 101 BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon receipt of the above, is hereby authorized and directed to make necessary changes of said items, as set forth above. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regular meeting of said ili ' Board held on the 15 day of November, AD 2006. Mayor McCoy Mayor Pro Tern Spehar Commissioner Neugent Commissioner Di Gennaro Commissioner Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mayor/Chairman (Seal) Attest: DANNY L. KOLHAGE, Clerk Item 72 food to 1 trnsfr to 86518 590125 OMB Schedule Item Number 73 Resolution No. - 2006 A RESOLUTION CONCERNING TIlE TRANSFER OF FUNDS WHEREAS, it is necessary for the Board of Connty Commissioners of Monroe County, Florida, to make budgeted transfers in the Monroe Cmmty Budget for the Fiscal Year 2006, now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that there shall be transfers of amOlmts previously set up in the Momoe County Budget for the Fiscal Year 2006 as, hereinafter set forth to and from the following accounts: Fund #148 Plan, Build, Zoning From: 148-5130-85525-590990 Other Uses Cost Center # 85525 Reserves 148 For the Amount: $61,000.00 To: 148-5810-86509-590125 Budgeted Transfer Cost Center #86509 Budgeted Transfer 148 BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon receipt of the above, is hereby authorized and directed to make necessary changes of said items, as set forth above. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 15'" day of November, AD 2006. Mayor McCoy Mayor Pro Tern Spehar Commissioner Neugent Commissioner Di Gennaro Commissioner Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mayor/Chainnan (Seal) Attest: DANNY L. KOLHAGE, Clerk Item 73 fund 148 tmsfr to 86509 590125 OMB Schedule Item Number 74 Resolution No. - 2006 A RESOLUTION CONCERNING THE TRANSFER OF FUNDS WHEREAS, it is necessary for the Board of County Commissioners of Monroe County, Florida, to make budgeted transfers in the Monroe County Budget for the Fiscal Year 2006, now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that there shall be transfers of amounts previously set up in the Monroe County Budget for the Fiscal Year 2006 as, hereinafter set forth to and from the following accounts: Fund #404 KW International Airport From: 404-5420-63003-560620 Capital Outlay- Bldg Cost Center # 63003 KW Passenger Facility Chg For the Amount: $14,278.00 To: 404-5420-630107-530490-GAKAI04-530340 Other Contractual Svcs. Cost Center # 630107 NIP Phase 4 Const BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon receipt of the above, is hereby authorized and directed to make necessary changes of said items, as set forth above. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 15th day of November, AD 2006. Mayor McCoy Mayor Pro Tern Spehar Commissioner Neugent Commissioner Di Gennaro Commissioner Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mayor/Chairman (Seal) Attest: DANNY L. KOLHAGE, Clerk Item 74 fund 404 pfe trnsfrto 630107 gakal04 OMB Schedule Item Number 75 Resolution No. - 2006 A RESOLUTION CONCERNING THE TRANSFER OF FUNDS WHEREAS, it is necessary for the Board of Cmmty Commissioners of Monroe COWlty, Florida, to make budgeted transfers in the Monroe COlUlty Budget for the Fiscal Year 2006, now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that there shall be transfers of amotUlts previously set up in the Monroe County Budget for the Fiscal Year 2006 as, hereinafter set forth to and from the following accounts: Fund #157 Boating Improvement Fund From: 157-5370-62520-530340 Other Contractual Services Cost Center # 62520 Boating Improvement For the Amount: $13,000.00 To: 157-5810-86516-590125 Budgeted Transfer Cost Center #86516 Budgeted Transfer 157 BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon receipt of the above, is hereby authorized and directed to make necessary changes of said items, as set forth above. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 15th day of November, AD 2006. Mayor McCoy Mayor Pro Tern Spehar Commissioner Neugent Commissioner Di Gennaro Commissioner Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mayor/Chairman (Seal) Attest: DANNY L. KOLHAGE, Clerk Item 75 fund 157 tmsfr to 86516 590125 OMB Schedule Item Number 76 Resolution No. - 2006 A RESOLUTION CONCERNING THE TRANSFER OF FUNDS WHEREAS, it is necessary for the Board of County Commissioners of Monroe COlmty, Florida, to make budgeted transfers in the Monroe COllllty Budget for the Fiscal Year 2006, now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that there shall be transfers of amounts previously set up in the Monroe County Budget for the Fiscal Year 2006 as, hereinafter set forth to and from the following acconnts: Fund #001 General Fund From: 001-5130-85500-590995 Reserves Cost Center # 85500 Reserves 001 For the Amount: $68,000.00 To: 001-5810-86500-590125 Budgeted Transfer Cost Center #86500 Budgeted Transfer 001 BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon receipt of the above, is hereby authorized and directed to make necessmy changes of said items, as set forth above. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 15th day of November, AD 2006. Mayor McCoy Mayor Pro Tern Spehar Commissioner Neugent Commissioner Di GeIUlaro Commissioner Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mayor/Chairman (Seal) Attest: DANNY L. KOLHAGE, Clerk Item 76 fund 001 tmsfr to 86500 590125 OMB Schedule Item Numher 77 Resolution No. - 2006 A RESOLUTION CONCERNING THE RECEIPT OF UNANTICIPATED FUNDS WHEREAS, it is necessllI)' for the Board of County Commissioners of Monroe County, Florida, to increase items to account for unanticipated funds in the Monroe County Budget for the Fiscal Year 2006, now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that the following accounts of the Monroe County Budget for the Fiscal Year 2006, be and the same is hereby increased by the amount hereinafter set forth: Fund #125 - Governmental Fund Type Grant Cost Center # 13502 Emergency Management Base Grant Project#GE0602 Function# 5200 Public Safety Activity#5250 Official Division#1012 Revenue: 125-13502-381001 GT -GE0602 Trnsfr from Fund 001 $118.90 Total Revenue $118.90 ---- --- Appropriations: 125-5250-13562-530490-GE0602-530520 Operating Supplies $118.90 Total Appropriations: $118.90 --- --- BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon receipt of the above unanticipated funds, is hereby authorized and directed to place funds in said items, as set forth above. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 15th day of November AD 2006. Mayor McCoy Mayor Pro Tern Spehar Commissioner Neugent Commissioner DiGennaro Commissioner Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mayor/Chairman (Seal) Attest: DANNY L. KOLHAGE, Clerk Item 77 unant 13502 ge0602 base grant BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: November 15,2006 Division: Budget & Finance Bulk Item: Yes l No Department: OMB AGENDA ITEM WORDING: Approval to award bid and enter into a contract with Keys Security Inc. for an amount not to exceed $60,000 per year at the rate of $16.00 per hour for Security Patrols and Services in the Duck Key Security District. ITEM BACKGROUND: Sealed bids for this service were opened on September 26, 2006. The three responsive bids are as follows: Keys Security Inc. $46, nO/year @ $16.00/hr, Diamond Security Inc. $72,924.67/year @ 25.00/hour, and Majestic Security & Investigations $50, 136.40/year @ 17. 17/hour. On October 18, 2006, the Duck Key Security Advisory Board met to consider the bids and recommended to award the contract to Keys Security Inc. PREVIOUS RELEVANT BOCC ACTION: On July 20, 2005, the BOCC approyed a one (1) year agreement for security patrols and seryices to the Duck Key Security District with Keys Security Inc. On July 19,2006, the BOCC granted approval and authorized execution of a contract extension with Keys Security Inc. on a month-to-month basis and approval to advertise for sealed bids for security patrols and services to theDuck Key Security District. CONTRACT/AGREEMENT CHANGES: STAFF RECOMMENDATIONS: Approval TOTAL COST: Not to exceed $60,000/year BUDGETED: Yes ~ No COST TO COUNTY: Not to exceed $60,OOO/yr SOURCE OF FUNDS: Non Ad Valorem Spec. Assessment REVENUE PRODUCING: Yes No AMOUNT PER MONTH_ Year APPROVED BY: County ~ChaSing _ Risk Management DIVISION DIRECTOR APPRO V A S~ "R.~a (Salvatore R. Zappulla) DOCUMENTATION: Included To Follow_ Not Required DISPOSITION: AGENDA ITEM # MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Keys Security Inc. Contract #_ Effective Date: November 1, 2006 Expiration Date: October 31, 2007 Contract Purpose/Description: Security and patrol services for the Duck Key Security District. Contract Manager: Tina Boan 4472 OMB Stop # 1 (Name) (Ext.) (Department/Stop #) for BOCC meeting on 11/15/06 Agenda Deadline: 10/31/06 CONTRACT COSTS Total Dollar Value of Contract: $ Budgeted? Yes[Z] Grant: $ County Match: $ NoD Not to exceed 60,000/yr Account Codes: Current Year Portion: $ 42,220 152-04501-530340-_ _ - --- - ---- ADDITIONAL COSTS Estimated Ongoing Costs: $~yr For: (Not includcd in dollar valuc abovc) (cg. maintenancc, utilities, janitorial, salarics, etc.) CONTRACT REVIEW Division Director Changes Date In Needed / YesD No[M , County Attorney YesD NoG Date Out Risk Management . tO~i~b{J(YesD NoD ~~ :fj1Jp O.'1O(B./Purctfas~~g YesD NoGr Comments: OMB Form Revised 2/27/01 Mer #2 CONTRACT THIS AGREEMENT, made and entered into this 15th day of November 2006, A.D., by and between MONROE COUNTY, FLORIDA, (hereinafter sometimes called the "County"), and Keys Security Inc. (hereinafter called the "Contractor"). WHEREAS, The Duck Key Security Advisory Council is desirous of having a contractor for security patrols and services in the security district; and WHEREAS, The Monroe County Board of County Commissioners as the governing body of County is authorized to enter into contracts on the Advisory Board's behalf; and NOW THEREFORE, in consideration of the mutual covenants and provisions contained herein, the parties agree as follows: That the parties hereto, for the consideration hereinafter set forth, mutually agree as follow: 1. THE CONTRACT The contract between the County and the Contractor, of which this agreement is a part, consists of the contract documents, which are as follows: This agreement and any amendments executed by the parties hereafter, together with all required insurance documentation, the response to Request for Bid (RFB), and the RFB, including but not limited to, the general terms, and conditions in Section 2. In the event of a discrepancy between the documents, those most favorable to the County shall prevail. 2. SCOPE OF THE WORK The contractor shall provide Security and Patrols service as described in Attachment A in the Duck Key Security District for the County. Additional security services shall be provided by the contractor which may from time to time be requested by the Duck Key Security District Advisory Board. Any such additional security services shall be billed at the normal hourly rate specified in paragraph 3.A. The District Board will document the authorization for additional hours in writing and said documentation shall be submitted by Contractor with the relevant invoices. The 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 contract documents. The provider 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. Staffing The Contractor shall maintain adequate staffing levels to provide the services required. The Contractor shall provide at its own expense all necessary personnel to provide the services under this contract. The personnel shall not be employees of, or have any contractual relationship, with the County or the Duck Key Security District. All personnel engaged in performing services under this contract shall be fully qualified, and authorized or permitted under State and local law to perform such services. B. Contractor's Records 1) The contractor shall maintain financial records in accordance with generally accepted accounting principles. An annual financial report audited and certified by a licensed Certified Public Accountant shall be provided to the County Clerk within one hundred twenty (120) days following the close ofthe Contractor's fiscal year. The certified financial report shall be in such detail as to disclose the revenues, expenses, and disbursements relating to the services provided under this contract. Notes to the Financial statements shall disclose noncompliance with the requirements of this contract concerning conflict of interests. 2) The contractor shall also record and maintain statistical data concerning the security patrols and services, and such additional information as may be required by the County. A quarterly report shall be submitted to the County Administrator. 3) The Contractor shall retain all records pertaining to this contract for a period of five (5) years after the tennination of this contract. 4) The County, the Clerk, the State Auditor General, and agents thereof shall have access to Contractor's books, records, and documents required by this contract for the purposes of inspection or audit during normal business hours, at the Contractor's place(s) of business. 3. PAYMENTS TO THE CONTRACTOR A. The contract is for $46,720.00 based on the number of hours worked at the rate of $16.00 per hour. Contractor shall be compensated for those additional hours required by the District Board and which are within the annual budget of this contract; the total of all payments, including the routine security and the additional hours shall not exceed $60,000.00. Monroe County's performance and obligation to pay under the contract is contingent upon an annual appropriation by the BOCC. 1) The contractor shall submit to the County a monthly invoice for services provided during the preceding month with supporting documentation acceptable to the Clerk. Acceptability 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. 2) The invoice will include a record of employee time worked and will differentiate time worked at the normal rate, time worked at the additional services rate at the request of the advisory board. 3) Upon receipt of the contractor's invoice in the proper form as stipulated above and upon acceptance by the Clerk, Monroe County will make payment in accordance with the Local Government Prompt Payment Act. 4. TERM OF CONTRACT 2 The term of this contract is for one year, commencing on November 1,2006, at 12:01 A.M. for a term of one year. County has the option of renewing this contract for two (2) additional one-year terms. County shall provide Contractor at least thirty (30) days notice of its intent to renew. The Contract amount agreed to herein shall be adjusted annually in accordance with the percentage change in the Consumer Price Index for all urban consumers (CPI-U) for the most recent twelve months available. 5. CONTRACTOR'S ACCEPTANCE OF CONDITIONS A. The Contractor hereby agrees that he has carefully examined the security district for which he shall provide services and has made investigations to fully satisfy himself that such site(s) is (are) correct and suitable for this work and he assumes full responsibility therefore. The provisions of the Contract shall control any inconsistent provisions contained in the specifications. All specifications have been read and carefully considered by the Contractor, who understands the same and agrees to their sufficiency for the work to be done. Under no circumstances, conditions, or situations shall this Contract be more strongly construed against the Owner than against the Contractor. B. Any ambiguity or uncertainty in the specifications shall be interpreted and construed by the Owner, and his decision shall be final and binding upon all parties. C. The passing, approval, and/or acceptance by the Owner of any of the services furnished by the Contractor shall not operate as a waiver by the Owner of strict compliance with the terms of this Contract, and specifications covering the services. Failure on the part of the Contractor, immediately after Notice to Correct shall entitle the Owner, if it sees fit, to correct the same and recover the reasonable cost of such replacement and/or repair from the Contractor, who in any event shall be jointly and severally liable to the Owner for all damage, loss and expense caused to the Owner by reason of the Contractor's breach of this Contract and/or his failure to comply strictly and in all things with this Contract and with the specifications. D. The Contractor agrees that the County Administrator may designate representatives to visit the Contractor's facility(ies) periodically to conduct random open file evaluations during the Contractor's normal business hours. E. The Contractor 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. HOLD HARMLESS AND INSURANCE The Contractor covenants and agrees to indemnify and hold harmless Monroe County Board of County Commissioners and the County Court of Monroe County 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 the Contractor or any of its Subcontractor(s) in any tier, occasioned by the negligence, errors, or other wrongful act of omission of the Contractor or its Subcontractors in any tier, their employees, or agents. The first ten dollars ($10.00) of remuneration is consideration for the indemnification provided above. 3 The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. This provision shall survive the cancellation or termination of this Agreement. Prior to execution of this agreement, the contractor shall furnish the Owner Certificates ofInsurance as required in the Request for Bid. All insurance shall be from companies licensed to do business in the State of Florida and having an A.M. rating of VI or better. The insurance shall be maintained during the term of the contact. Monroe County shall be listed as an additional insured on the General Liability And Vehicle policies. 7. INDEPENDENT CONTRACTOR At all times and for all purposes under this agreement the Contractor 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 the Contractor or any of his employees, contractors, servants, or agents to be employees of the Board of County Commissioners of Monroe County. 8. ASSURANCE AGAINST DISCRIMINATION County and Contractor 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 Contractor 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 VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis or race, color 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 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42USC ss. 6101-6107) which prohibits discrimination of the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255) as amended, relating to nondiscrimination of 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, ss. 523 and 527 (42 USC ss. 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 s. 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 s. 120 1 Note), as maybe amended from time to time, relating to nondiscrimination on the basis of disability; 10) Monroe County Code Ch. 13, Art. VI, prohibiting discrimination on the bases of race, color, sex, religion, disability, 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 to the parties to, or the subject matter of, this Agreement. 9. ASSIGNMENT 4 The Contractor shall not assign or subcontract its obligations under this agreement, except in writing and with the prior written approval of the Board of County Commissioners of Monroe County and Contractor, which approval shall be subject to such conditions and provisions as the Board may deem necessary and pursuant to the recommendation of the County Court Administrative Judge. This paragraph shall be incorporated by reference into any assignment or subcontract and any assignee or subcontractor shall comply with all of the 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, 10. COMPLIANCE WITH LAW In providing all services/goods pursuant to this agreement, the Contractor shall abide by all statutes, ordinances, rules and regulations pertaining to, or regulating the provisions of, such services, including 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 contract immediately upon delivery of written notice of termination to the contractor. The contractor shall possess proper licenses to perform work in accordance with these specifications throughout the term of this contract. 11. DISCLOSURE AND CONFLICT OF INTEREST A. Covenant of No Interest. The Contractor 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. ]212.311, et. seq., Florida Statutes. B. Code of Ethics. 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. C. No Solicitation/Payment. The County and Contractor 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, individuals, or firm, other than a bona fide 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 Contractor agrees that the County shall have the right to terminate this Agreement without liability and, at its discretion, of offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration 12. NO CREDIT The Contractor 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. The Contractor further 5 warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of this contract. 13. 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 Administrator 1100 Simonton Street Key West, FL 33040 and County Attorney PO Box 1026 Key West, FL 33041-1026 FOR CONTRACTOR: Simon LeiI'd Keys Security Inc. 2860 Dolphin Drive Marathon, FL. 33050 14. TAXES The County is exempt from payment of Florida State Sales and Use taxes. The Contractor 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 the Contractor authorized to use the County's Tax Exemption Number in securing such materials. The Contractor shall be responsible for any and all taxes, or payments of withholding, related to services rendered under this agreement. 15. NON-WAIVER OF IMMUNITY Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the County and the 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. 16. 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 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 function and duties of such officers, agents, volunteers, or employees outside the territorial limits of the County. 6 17. 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. 18. TERMINATION A. The County may terminate this contract for cause with seven (7) days notice to the Contractor. Cause shall constitute a breach of the obligations of the Contractor to perform the services enumerated as the Contractor's obligations under this contract. B. Either of the parties hereto may terminate this contract without cause by giving the other party sixty (60) days written notice of its intention to do so. 19. GOVERNING LAWS, VENUE This agreement is governed by the laws of the State of Florida. Venue for any litigation arising under this Agreement must be in Monroe County, Florida. In the event of any litigation, the prevailing party is entitled to attorney's fees and costs. This Agreement is not subject to arbitration. Mediation shall be held according to the rules prescribed by the 16th Judicial Circuit, Monroe County, Florida. 20. 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 County and the Contractor agree that neither the County nor the Contractor or 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. 21. ATTESTATIONS Contractor 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. 22. 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 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. 7 23. 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 instnllnent and any of the parties hereto may execute this Agreement by signing any such counterpart. 24. ACCESS TO RECORDS The Contractor and County 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 Contractor and County in connection with this Agreement; and the County shall have the right to unilaterally cancel this Agreement upon violation of this provision by Contractor. 25. SECTION HEADINGS Section headings have been inserted in this agreement as a matter of convenience of 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 Agreement. IN WITNESS WHEREOF the parties hereto have executed the Agreement on the day and date first written 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. KOLHAGE, CLERK BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: By: Deputy Clerk Mayor/Chairman (SEAL) Attest: By: CONTRACTOR By: WITNESS Title: Title: By: WITNESS Title: 8 ATTACHMENT A 1. Specifications The Contractor must submit to the owner a copy of its Class "B" operating license as defined and required under Florida Statute 493. All security personnel must have a class "D" license as defined and required under Florida Statute 493. Security personnel must be screened for drug usage via a standard pre-employment urine drug test. The Owner and Duck Key Security District reserves the right to require periodic random drug testing of security personnel. An examination of each security person's driving record from every state where he or she has resided is required. A satisfactory driving record is required of all security personnel (not more than three tickets and lor accidents in the past five years and no instances of DUI or DWI). Security personnel are specifically prohibited from earrying weapons of any sort to include but not be limited to firearms, batons (nightsticks), stun guns and chemical weapons (i.e. mace, pepper spray). Security personnel do not have arrest or detention authority and must refrain from any action which may jeopardize a "legal" arrest by qualified law enforcement officers. Security vehicles (automobiles required) must be equipped with driver's side spotlight, amber flashing light, distinct logo prominently displayed preferably indicating "Duck Key Security" as allowed under present state licensing parameters, cellular telephone and two-way radio communication equipment allowing immediate communication with the contractor's base station. In no case shall security vehicles be operated at speeds beyond the local posted limits. Security vehicles are specifically prohibited from engaging in pursuit driving andlor high-speed response to emergencIes. All security personnel will wear uniforms designed to closely resemble a police officer. Reflective, adhesive stickers will be provided by the Contractor for identification of vehicles of residents of the Duck Key Security District. The contractor shall also make guard hours and phone numbers available to residents for: guard, supervisors, and sheriffs office. Contractors will include telephone stickers with appropriate infonnation to be available to all residents in the district. 2. Scope of Services The Contractor will provide on-site security services on the following schedule: 9 Daily 9:00 P.M. to 5:00 A.M. seven (7) days per week unless otherwise agreed to by the parties. A minimum of four (4) drive through circuits of the entire Duck Key Security on the four residential islands will be provided for each eight (8) hour shift. Up to 15 door checks per night only to residents requesting that such door checks be made. Door checks to be requested in writing. Address of door checks to be noted in daily report. Daily patrol reports made in duplicate, one copy will be delivered to a designee of the Duck Key Security Advisory Board and copy to be retained by the Contractor. Security personnel will be expected to report any unusual activity, remove trespassers, quite noisy parties, and direct emergency vehicle and/or traffic and question suspicious activity. Contact with the Monroe County Sheriffs office will be made anytime situations occur which, in the judgment of security personnel, fall outside these parameters when obvious legal activity has taken place. Excess water usage notifications found at an unoccupied residences will be forwarded directly to the property owner by the contractor. Additional security services may from time to time be requested by the Duck Key Security District Advisory Board. Any such additional security services shall be billed at the normal hourly rate as specified in the contract. The Duck Key Security District reserves the right to contract with other vendors or agencies from time to time for additional security services (i.e. Off-duty Sheriffs Deputies, Marine Patrol Officers or other private security providers). Individual residents of the Duck Key Security District may also contract for additional security services either directly with the contractor or within a vendor of their choice. Security personnel will not enter an unoccupied residence without an accompanying Monroe County Sheriffs Deputy. Contractor to provide up to eight electronic check-in stations to be placed in mutually agreed locations throughout the four (4) residential islands to be activated each time a circuit is made. Patrol cars to display a sign "Duck Key Security". Patrol cars to carry a first aid kit, "throwable" personal floatation device with suitable length of rope, fire extinguisher and a key for shutting off Aqueduct Authority residential water valve. 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III D.. :::J I/) g' 'Vi o ..c u t.. :::J 0- f 1II III t.. o +- u :;: 1II o t.. 8 >. m '"0 III s::: III D.. o '"0 m ~""'~_.- RESPONSE TO: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS c/o PURCHASING DEPARTMENT GATO BUILDING, ROOM 2-213 1100 SIMONTON STREET KEY WEST, FLORIDA 33040 SECURITY PATROLS AND SERVICES BID FORM The undersigned, duIy authorized to submit this bid on behalf of the bidding entity, hereby proposes to provide the services specified in the Duck Key Security District Security Patrols and Services Request for Bids, Specifications and Scope of Services, as outlined therein in Sections 2.03 and 2.04, for Ni" {"'D~rr\.\>J The sum of $ ~;I..b:Q" ."::- per year, to be paid in I L AT ,$ 16 .O'GPC'l'L ~-kJ,,::t. 1 . ~ installments of $ 'i 50() , each. Signature: ~~ l:::-..A Print Name: 5,.......".,~ Title: ()(C-'12 ~I 0.,: ~ L-E, 'l>..:t> f1,)^, . I have included.: Bid Form ./ - Drug Free Workplace Form_ Insurance Agent's (or Respondent/Bidder's)Statement Lobbying and Conflict of Interest Clause ~ Non-Collusion Affidavit In addition, I have included a current copy of the following prof~ssional and occupational licenses: (Check mark items above. as a reminder that they are included.) Mailing Address: 2!f~O .~ "'1 pt-!I;.; 'hI\?, Telephone: Fax: 36 Signed: ~ u~ "''"');MCW' (Name) Lt; R~ : } 1J'1(~ __ (Title) frLe:' i ,.,.;. c..!-' "" f' i {rT2f<11JiL 37 Date: ,"\ Witness: (Seal) ~~VWP" Michele 1: Secontine g~~~;Cnmmi~on #: 00141688 ~~ ~~ Expires Sep.. 4. 2IXI6 ..,;~ ~~ BoDd&d 1bn1 "'~~~~" A1:LmtU: Bonding eo.. Inc. DRUG-FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: KEYS SECURITY INC. (Name of Business) I, Publish a statement notifying employees that the unlawful manufacture. distribution, dispensing, possession. or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace. the business's policy of maintaining a drug-free workplace, any available drug counseling. rehabilitation. and employee assistance programs. and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement speci fled in subsection (1 ). 4. In the statement specified in subsection (I), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any state. for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on. or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, or any employee who is so convicted. /"'" 6. Make a good faith effort to continue. to maintain a drug-free workplace through implementation oftliissection. As the person authorized to sign the statement, I certify that this finn complies fully with the above requirements. ~~~ ~.~ Bidder's Signature ":b ,,> .Ou.. Date ", ~S/B3f1~06 12:94 3 ~57';:35e<:l B KE\iS SECURITV 1 NC F'ClGE 13.1 m~~SSTA'l'DIDfr ! lave nMe\INd the abcwe ..~ widl tile Wdder DMIIIId beJGIlN The ~ ~\1IPPfyIo" CCU~poticy. POLICY f~L. 7S7J-S ~9 DJI:I)f C'I"IJII.JIS J ~ 0.01) L.iUitily po~" / ac-.._ .. on~versal In.. Aqency ......... -.. CIa.... Made , ~;~ S'lpI.N BlJ)RRS STATRMJ:NT I ~ ~ ....--"Ct ... wiD lie IMndaIoIy if ftIW'ded die coan.:t. ad will eampIy it! fUll with aU * ~ ~eys Se~urity Inc. SIMer ~-~ ,.,. ! . d fff""!:'Clt::::~40.r\C' ,,~~-,' ( , ) :::: '? ~- /'-.. ~... JNSiC'I<l.ST Jj ti'\.IJ,' :-1r\/"\> I r. r'\r". / 1'\ ,'<10,...... SWORN STATEMENT UNDER ORDINANCE NO. 10-1990 MONROE COUNTY. FLORIDA ETHICS CLAUSE KEXS SECURITY. INC. wanants that he/it 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. ~l.&Ek.e A. ~~ (Signature) S. S-pl-\. (Date) STATE OF FLORIDA ,------. COUNTY OF MONROE P~ONALL Y APPEARED BEFORE ME, the undersigned authority, &/,,/j 1I1e #: bIrd who, after first being sworn by me, affixed hislher signature (name of individual signing) in the space provided above on this ~ day of /? ard . 20d (7L ~ ?J~_ NOTARY PUBLIC ~/? ~aoy: *:~~* ~~~ "'''~OFf\...Q~ CHR~TOPHERB.WALDERA MY COMMISSION # CC 959830 EXPIRES: August 9, 2004 Bonded Thru Budget Notal}' SalVie.. My commission expires: OMB - MCP FORM #4 38 NON-COLLUSION AFFIDAVIT "~ I. Christine A_Leird of the city of MrlTnrhon,Floriiirl according to law on my oath. and under penalty of perjury, depose and say that: 1. lam Christinti A. Ltiird of the firm of Keys Security roc. the bidder making the Proposal for the project described in the Notice for Calling for bids for: gecnrity pnrro]~ & ~ervice!=; in nuck Key ~pcllrit-y nist and that I executed the said proposal with full authority t do so: 2. the prices in this bid have been arrived at independently without collusion, consultation, communication or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any competitor; 3. unless otherwise required by law, the prices which have been quoted in this bid have not been Icnowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to bid opening, directly or indirectly, to any other bidder or to any competitor; and 4. no attempt has been made or will be made b the bidder to induce any other person, partnership or corporation to submit. or not to submit, a bid for the purpose of restricting competition; ".-/ 5. the statements contained in this affidavit are true and correct, and made with ,full knowledge that Monroe County relies upon the truth of the statements contained in this affidavit in awarding contracts for said project' ~~A.'~ (Signature of Bidder) ~. S .PU- (Date) STATE OF: FLORIDA COUNTY OF: MONROE PERSONALLY APPEARED BEFORE ME, the undersigned authority, Chli .;;//~ /. eel;';! who, after first being sworn by me, (name of individual signing) affixed hislher signature in the space provided above on this 51t day of Hd ref. 20d ,,",,' PUI1( ~o ........... ..." CHRISTOPHER B. WALDERA " MY COMMISSION # CC 959830 EXPIRES: August 9. 2004 Bonded Thru Bud~el No,ary Service. a~ /f a}~ NOTARY PUBLIC P/t f~~ My Commission Expires: 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 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 of 36 months from the date of being placed on the convicted vendor list." 2005 Edition WORKERS' COMPENSATION INSURANCE REQUIREMENTS FOR CONTRACT: Patrol and Security Services BETWEEN MONROE COUNTY, FLORIDA AND Keys Security Inc. Prior to the commencement of work governed by this contract. the Contractor shan obtain Workers' Compensation Insurance with limits sufficient to respond to Florida Statute 440. In addition, the Contractor shan obtain Employers' Uability Insurance with rmifs of not less than: $100,000 Bodily Injury by Accident $500,000 Bodily InjtBy by Disease, policy limits $100,000 Bodily Injury by Disease, each employee Coverage shall be maintained 1fvoughout the entire term of 1he contract.. Coverage shaH be provided by a company or companies authorized to transact business in the State of Florida and the company or companies must maintain a minimum rating of A-VI, as assigned by the A.M. Best Company. If the Contractor has been approved by Florida's Department of Labor, as an authorized self-insurer, the County shall recognize and honor the Confractor's status. The Contractor may be required to submit a letter of Authorization issued by the Deparbnent of Labor and a Certificate of Insurance, providing details on the Contractor's Excess Insurance Program. If the Contractor participates in a selHnsurance fund, a Cemticate 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. Administrative Instruction #7500 WC1 26 2005 Edition INSURANCE REQUIREMENTS FOR CONTRACT: Security Patrols and Services BETWEEN MONROE COUNTY, FLORIDA AND Keys Security Inc. 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 Operations Products and Completed Operations Blanket Contractual Liability Personal Injury Liability Expanded Definition of Property Damage The minimum limits acceptable shall be: $500,000 Combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable shall be: $250,000 per Person $500,000 per Occurrence $50,000 Property Damage An Occurrence Form policy is preferred. If coverage is provided on a Claims 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 reported 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. Administrative Instruction #7500 Gl2 27 2005 Edition ) VEHICLE LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT: Security Patrols and Services BETWEEN MONROE COUNTY, FLORIDA AND Keys Security Inc. Recognizing that the work governed by this contract requires the use of vehicles, the Contractor. prior to the commencement of work, shall obtain Vehide Liability Insurance. Coverage shall be maintained throughout the life of the contract and indude, as a minimum. liability coverage for. Owned. Non-Owned. and Hired Vehides The minimum limits acceptable shall be: $300.000 Combined Single Limit (CSL) If split limits are provided. the minimum limits acceptable shall be: $100.000 per Person $300,000 per Occurrence $ 50.000 Property Damage The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. Administrative Instruction #7500 VL2 28 2005 Edition GENERAL LIABILITY INSURANCE REQUIREMENTS FOR CONTRACTDuck Key Security BETWEEN MONROE COUNTY, FLORIDA AND Keys Security Inc. Recognizing that the work governed by this contract involves providing of guards and other security services on or off County property, the Contractor's General Liability Insurance policy must extend to, and be no less restrictive, than an acceptable Law Enforcement Liability policy specifically providing coverage for intentional acts, which coverage must include any violation of the constitutional right of any person for damages and attorney's fees under anyone or more of the following civil rights statutes: 42 USCA 1981, 42 USCA 1982, 42 USCA 1983, 42 USCA 1985,42 USCA 1986 and 42 USCA 1988. The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. GLS Administrative Instruction #7500 19 Sap 06 06 10:28a LEIRD ...-'.. .........""....... ""'1"- .."'I-I)u I 3052943:25 ;:Jv.....;II;:Jt)"~.".. p,1 p.l JJC(JR/). CERTIFIC ATE OF UABILITY INSURANCE ~{.n'1t ~Unlvertallnst.l'al'\C8A! ency ~y~dJ~~t:K':~~ 3115 Spring Glen Roa,1 . SUlte 507 ~TH!~~FtCOl11! DClQ ::r mmND OR JacksonvilJe FL 32201 - ~~COVEIW:Hi "'-A: Tlldot" I,. 00 ~It IMJrance Co ........1::; --I):: HiM: If Payne s..ders &Ast ~ Ine Keys SeQJrity. Inc 3115 Donald Aw t Kay West FL 3304O-f m COWItMU 1tfti I"OUCIEIClfI ~L.IIl1iDSEIJ Nl'f AEaJlRBE/IIr. 'T1!IW OR CD*]ITIO MAY PeRT_ 11E IlII81.MNICI! AA"<R:lI fllOUCSl58 AGGAEGI.l'EUNIfUHOWIW ~ . .. LIAaLWY DQAI.II5It.-; iWM\\Ai IlIiEl't 1SIIUB'l1'O lMEINIItMED~ ABl:M! ~ 1tIE fIClUCV PBIClOIJoitIlCItTEO. ttIO'J'lIItmiSrANOlN3 I OF /IWY ~ OR OTHeR 0ClCIM:Nr W1fH A!!flPECT 1'0 WHICH JHlS CI!RMCA1'E ~.,. eo I9QUEO OR '... TtfE PClUCIe8 ~DIi{}./'fPIEIlI !8S11lSJiCT TO AU'1IlC TliRlli8. eJCJI6fONl NID ~ OF 8t.Of 'HA'\lEIESI AmUc:I!D _FWD. /lIICIUC'I'_ - ...~ IiN:lI OCI:URIlElCI! I. 1.000 000 I, 100.000 ~--- f. 1000 :JGl750039 ! 09AJ5J2008 09I05r.l0J7 ~.1I:N1NollIflV . 1.OM.OOO -.ew.AlIlI.....ri! I ~~ ~1IIIlIO $ 1 000 non ra.n..- ~flitiQI.e l.Wlt' $ ~-. -- ~~ $ 8::lOil.Y III.UlY . "..,--= ~~ c t,,*,1OIlIilIIt:) NTOONL'r .6III1lICC:II:SrI' $: m~ Iiol>ACIC . -- lOG $ VCI()COIiNIleIJCll , -- IlOOl1l1liCWE & $ .. $ X i~ 08i01J2008 08J01l2007 u..1ilICI!~ $ 100 000 NC07066126 El.~..a s 41't1\ l'VV1 I~. --'--~LMT " "',.." ",.,.., I u"""',-.__- -,--- ClA.NCa.J.A11ON 1HCIlUI_"'_"-~-.c811t11""'_J_~IDlPIrA'l1OII 1IlIo1'l~. ~_ _...._,..... ~ ~ft w.rTCIl _1IO___.llllLOlIia__'K:I1IIf~.""'__1O 1I01lO_ ...... ~ ca~tlllfAMf__1Ml!.....m~ Ofl ~ III!I"IiN'IICN $ __~~Ne ""'-UIIIU!'Y B ~'=u~1tIlC , -- o-n.- L ,....GI'.....-.a.oc:.~ 3052943125 C8U'1ACAft~ File Copy ACORD25(21llrW1) COUNTERSIGNED BY PRODUCER ALLIED FLORIDA INSURANCE PO BOX 501713 MARATHON FL 33050 TELEPHONE: (305) 743-0104 fROM POLICY PERIOD TO 1 0/16/2006 ~~, AM 04/16/2007 ~~, AM PERSONS INSURED 092200 05 . MERCURY DECLARATIONS PAGE NU o"NFcI.Eo~?DMIANY IMPORTANT COVERAGE EXCLUSION APPlICABI.E TO All COVERAGES. EXCEPT PERSONAl, INJURY PROTECTION AND $10.000 OF PROPERTY DAMAGE LIABILITY. PROVIDED NOW OR lATER, It is agreed that the insurance afforded by this policy shall not apply nor accrue to the benefit of any insured or any third party claimant when any car is being used or operated by a person listed below regardless of where the person resides or whether the erson is licensed to drive. WILLIAM LEIRD CHRISTINE LEIRD PT, POLICY NUMBER 05081977 .. ..oIlED INSURED SIMON S LEIRD DRIVERS SIMON S LEIRD MAIUNG 2860 DOLPHIN DRIVE ADDRESS MARATHON FL 33050 CAR YEAR VEHICLE DESCRIPTION 1 2006 FORD F-150 SUPERCREW PKP 4X2 4D SERIAl NUMBER 1 FTRW12W96FA 1 9309 COST OR V AWE CAR ~~:: LOSS PAYEES 1LP1. ADDITIONAL INTERESTS IAII. lOSS PAYEES AND ADDITIONAL INTERESTS ILAI. GARAGING ADDRESSES IGAI AND REGISTERED OWNERS IROI OTHER THAN THOSE USTED ABOVE. THE INSURANCE AFFORDED IS ONLY WITH RESPECT TO SUCH OF THE FOUOWING COVERAGES AS ARE INDICATED BY A SPECIFIC PREMIUM CHARGE OR CHARGES. THE UMIT OF THE COMPANY'S UABlUTY FOR EACH SUCH COVERAGE IS STATED BELOW SUBJECT TO ALL THE TERMS OF THE POUCY. PROPERTY DAMAGE L/ABIUTV $ $ 181 REJECTED 25,000 EACH ACCIDENT EACH PERSON $ DSTACKED PREMIUMS CAR CAR CAR 140 99 SPECIAL EQUIPMENT ITEMS INSURED AND AMOUNTS OF INSURANCE FOR EACH ITEM ARE STATED HEREIN. ITEMS INSURED ARE SUB..IECT TO THE APPUCABLE DEDUCTIBLE. CAR 1/ ITEMS INSURED UMIT COVERAGES LIMITS OF LIABILITY $ 25,000 EACH PERSON $ 50,000EACHACClDENT BODILY INJURY L/ABIUTV UNINSURED MOTORISTS COVERAGE -"llSONAL INJURY PROTECTION ,)ICAL PAYMENTS COMPREHENSIVE $10,000 $ DEDUCTIBlE $0 EACH PERSON EACH ACCIDENT D NON-STACKED TYPE P -0 2 ~tCY 74 COlLISION TOWING AND LABOR RENTAL CAR BENEFIT DEDUCTIBLE CARl $ 500 CAR $ DEDUCTIBLE CARl $ 500 CAR $ CAR $ CAR $ 32 278 $ $30 EACH DISABLEMENT PER DAY 30 DAYS MAXIMUM o ENDORSEMENTS ATTACHED TO THE POLICY U-10 01/2005 U242 08/2001 U-45B 11/1997 U-179 11/1997 POUCY FEE TOTAL PREMIUM 650 IMPORTANT INFORMATION EFFECTIVE 10/16/2006 Your automobile insurance expires and coverage ceases at 12:01AM on 10/16/2006 Coverage under this policy will become effective provided the premium is paid as indicated on the enclosed NOTICE OF PREMIUM DUE. Counter signed: MAILED TO: SIMON S LEIRD 2860 DOLPHIN DRIVE MARATHON FL 33050 SURCH IB X U D S X _____.._~_.~__~____~________'2.QLI CY NUMBER: ~L 050819 7L._______.J MAILING DATE: 09/11/2006 \ 1'1-1 C:I DISCOUNTS C P T H G A M A A A G P A I R 0 R P T T I B D R R F N M P C C D R S S S 1 X X X X INSUf-fl::D-COPY ~-- t.; ,... <: r' "0 r- I,' m .... m ;.;; in \''', ~ n l-< rn I... ~;;Vm7.jVl:;tJ rf'i t:::I t::J I... ;;;, -=4... "1;... I:;: oe ::l> :;0 I, ;';';3:ti1::E:;";;:::t'"'l eo( I=1tJ'l l-i "-'-1 ::c r-~r- 7J r-Or- 1-1 ~ rn "'"' (J) ~'=>2:t> ...... :g-==l~ ~ > G ...? (fI ~ Q -;p. 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C .... i:': tl ::: CJ tI .... ~ <<:: ..... r tr CJ i, :;:: !0~ ~ en t'l ;:u "....< ~oen 8 ::z: en Ot1t>:1 ZOO - f; ~ "'l::Z:H t"H8 z><: w Wt1H o;:uz UtHO 0<- tJ:l ,,-or-{ O::o-:r ::0 0 fri m -j < z)> I C/) C/) (j) m-mm -ogoz m f'^ )> 0 ::nVJz-< 0000 0"::n:D mOm(/) xI(j)O -o)>CI ::n2fro -m~o z::Omr G>,p.,oz ~ C)> - z~ en ~c." 0 m ~ rmO c: ~O::nro ~ ;u:D-jm 8 >< 0 Ir ><: 0)> mO o ~(/) ~ ::l :-f _ ~ ~~ (/) t>:I 3c ;:u -j m _(/) en o ::z: o o t" --.. 8 ~ H Z H t13 "'l );0 o H t" H 8 ><: (/) (/) C m o ~ m I-' t-J --.. !0 ~ --.. o ..,. c o m z C/) m z p t:l (J) t-J I-' o o o ll>- l-' ~ o S > t:1 trJ ~ ~ ~ 2: ~ t:1 0 S n~ ~ ~> ~~~e o5lZ1 n I::l;flZll:t: B BI~j ~::c:I~ lZI 0 ~ ~~ n ~ a':l ~ :;d a':l ~ ~ n ~ 7JJ BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: November 15, 2006 Division: Budqet and Finance Bulk Item: Yes ~ No D Department: Grants Staff Contact Person: David P. Owens AGENDA ITEM WORDING: Approval to apply for state qrant-in-aid assistance for historic preservation proiects. The purpose is to fund a detailed survey of historic buildinqs in the Tavernier Historic District, to be published and made available to the public. ITEM BACKGROUND: The State of Florida has announced availability of funds for historic preservation projects, includinq survey and planninq activities. Copies of the fundinq announcement, application, etc. are attached. The match requirement is fifty percent (50%). The Tavernier Historic District was desiqnated in 2005, but there is little information on individual structures in that district. The proposed project would consist of extensive historical research on each historic buildinq in the Tavernier Historic District. This work will be performed by a consultant, under supervision of the Historic Florida Keys Foundation (HFKF). HFKF and the County have a contract and a memorandum of aqreement settinq forth the County's and HFKF'S responsibilities with reqard to historic preservation. If awarded, the fundinq period will be July 1, 2007 throuqh June 30, 2008; most or all fiscal impact will be FY 2008. PREVIOUS RELEVANT BOCC ACTION: Approval of similar application and contracts in 2003 for a more qeneral survey to identify historic structures in Monroe County. CONTRACT/AGREEMENT CHANGES: n/a STAFF RECOMMENDATION: approval TOTAL COST: 50,000.00 COST TO COUNTY: 25,000.00 REVENUE PRODUCING: Yes D No ~ APPROVED BY: COUNTY A TTY ~MB/P BUDGETED: Yes ~ No D SOURCE OF FUNDS: ad valorem taxes OUNYPER MONTH YEAR RISK MANAGEMENT DOCUMENTATION: INCLUDED: ~ NOT REQUIRED: D DISPOSITION: AGENDA ITEM #: Project Proposal Grant Proposal Problem: Too little has been written on each of the buildings in the Tavemier Historic District. With the County's official designation in 2005 of the Tavemier Historic District, there is a need for more documented historical infomlation. A couple of different audiences need this. Staff need better infonnation to provide the professional direction and staff reports necessary for the increased applications for Special Certificates of Appropriateness. Additionally, some property owners in the district, especially recent buyers, may have little or no information or appreciation about who lived and worked in their buildings, why they are historically significant, or why they should preserve them, a state of affairs that sometimes makes administering the program more difficult. Staff designed the original survey as a "windshield" survey, designed to cast a wide net countywide to identify potentially historic buildings from Key Largo to Stock Island. This successful project identified 288 previously unknown historic buildings, including a number of those that the County subsequently integrated into the Tavemier Historic District. But now that the district is designated, there is a need for more documented historical infonnation. To my knowledge, there are no books or brochures specifically about the historic buildings in the Tavemier Historic District. Sadly, the current documentary record for too many buildings in the Tavemier Historic District does not even attach a family name associated with them. Scope of Work: A consultant will be hired to do extensive historical research on each of the historic buildings in the Tavemier Historic District. Sources to be consulted could include deeds, census records, vital records (birth, marriage, and death), phone books, business records, historic photographs, oral history, architectural and building records in addition to the buildings themselves. Any property within the boundaries of the Tavemier Historic District that is fifty years old or more will be included in the project, regardless of whether or not it is currently considered to be contributing. Currently noncontributing buildings will have Florida site files prepared for them. But the result will not simply be an updated version of the existing windshield survey: lt will be a published/publishable "intensive-level" survey, fleshing out the bare-bones infonnation currently available, telling the stories of these buildings and making a case for why they are significant. The final product will be a history of the built environment of Tavemier. This will consist of a series of building histories, written in a prose that is thoroughly footnoted while still being readable. An introduction summarizing the physical development of the community would also be appropriate, along with a timeline, black-and-white photographs, and maps. The format should be in a size that is easily able to be printed off a computer or photocopied, and stapled. Grant Program Description and Deadlines Grants - Office of Cultural & Historical Programs Page I of2 u Search Division IK~Y\^J;rd News Historic Preservation Grants . 2008 Small Matching Grants Solicitation Letter (.pdf) . 2007 Small Matching Funded List (.pdf) * Historic preservation grant panelist nomination form(word .doc) . Download an application. . Grant application deadlines. Purpose To assist in the identification, excavation, protection, and rehabilitation of historic and archaeological sites in Florida; to provide public information about these important resources; and to encourage historic preservation in smaller cities through the Florida Main Street program. Examples of Projects Types of historic preservation projects that can be funded include Acquisition and Development projects (including excavation of archaeological sites and building rehabilitation, stabilization or planning for such activities); Survey and Planning activities (including surveying for historic properties, preparing National Register nominations, and preparing ordinances or preservation plans); and Community Education projects (such as walking tour brochures, educational programs for school children, videos illustrating historic preservation principles, and Florida Winter Home ofJohn ttMaD1e ~ Historical Markers). SUato1:a Who Can Apply Departments or agencies of the state (including universities), cities, counties and other units of local government, and not-far-profit organizations. Schedule There is one grant cycle annually. It begins on October 1 and ends December 15. Applications must be postmarked by the deadline. Funds are available after July 1. Review Process All applications are evaluated on a competitive basis by Grant Review Panels appointed by the Secretary of State. The applications are evaluated on historic significance, endangerment, appropriateness of the preservation treatment proposed, administrative capability of the organization, adequacy of technical and financial resources, educational potential, economic benefits, and public good resulting from the project. ou cal ra http://www.flheritage.com/grants/preservation/ 10/24/2006 Grants - Gt1ice of Cultural & Historical Programs Page 20f2 Award/Requirements for Match The maximum matching grant award is $50,000; however, most grant awards range from $5,000 to $25,000. The grantee will be required to provide a matching share equal to the Grant Award in cash or in-kind services. Copyright @2006 State of Florida Privacy Statement I Contact Us I Sitemap People & Programs I Department of State Menu ':.1 http://www.f1heritage.com/grants/preservation/ 10/24/2006 Grants - Office of Cultural & Historical Programs Page I of 1 u Search Division IKeY\N~rd Historic Preservation Grant Deadlines Cycle lit Historic Preservation Small Matching Grants Application Solicitation Period <<I October 1 st to December 15th Deadline for Application Submittal* . December 15th * In the event the closing date of the solicitation period falls on a weekend or State Holiday, the submittal deadline will be on the next business day. Application Review and Ranking** . March/April, by the Historic Preservation Grant Review Panel ** Grant applications for Historic Preservation and Historical Museums small matching grants are reviewed and ranked in public meetings by ad-hoc Grant Review Panels appointed by the Secretary of State. Historic Preservation and Museum Exhibit applications to be funded by General Revenue Appropriation (Special Category) are reviewed and ranked by the Florida Historical Commission appointed by the Governor, President of the Senate and Speaker of the House. Grants are awarded by the Secretary of State, based on the recommendations of the Grant Review Panels and the Florida Historical Commission. Copyright @2006 State of Florida Privacy Statement I Contact Us I Sitemap People & Programs I Department of State Menu J http://www.flheritage.com/grants/preservation/ deadlines.ctin 10/24/2006 Notice of Funding Availability FLORIDA DEPARTMENT OF ST ATE Sue M, Cobb Secretary of State DIVISION OF HISTORICAL RESOURCES October I, 2006 Dear Friends of Preservation: The purpose of this letter is to announce that the Department of State is soliciting applications for State grant-in-aid assistance for historic preservation projects. The application period extends through December 15, 2006. To be eligible for consideration, applications must be delivered to the Bureau of Historic Preservation, R. A. Gray Building, 500 South Bronough Street, Tallahassee, Florida 32399-0250 not later than 5:00 P.M., December 15, 2006, or be clearly postmarked on or before December IS, 2(X)6, or show evidence of submission to an express mail service on or before December 15,2006. FUNDS A V AILABLE Funding availability will depend upon Legislative Appropriations during the 2007 Legislative Session, Recommended grant awards will range from $920 to $50,000 in matching funds. It is projected that approximately $85,000 will be available for Certified Local Government program grants for conducting survey and planning and community education projects. These funds will comprise the ten percent of Florida's 2007 Federal Historic Preservation Fund apportionment, which must be set aside for the Certified Local Government program, and will be available only to those local governments, which are already certified or meet the criteria specified below. WHO IS ELIGIBLE TO APPLY Eligible applicants include: (a) Departments or agencies of the state (including state universities); (b) Units of county, municipal or other local governments; (c) Any Florida not-for-profit corporation, institution, or organization; and (d) Certified Local Governments or any local government, which has submitted an application to this office by December 15, 2006, which meets all of the criteria for certification set forth in the Florida Certified Local Government Guidelines. SOO S. Bronough Street . Tallahassee, FL 32399-02S0 . http://www.flheritage.com o Director's Office (850) 245-6300' FAX: 245-6435 o Archaeological Research (850) 245-6444 . FAX: 245.6436 Il!l Historic Preserv alion (850) 245-6333 . FAX: 245-6437 o Historical Museums (850) 245-640(J . FAX: 245-6433 o Palm Beach Regional Office (561) 279.]475 . FAX: 279.1476 o St Augustine Regional Office 0 Tampa Regional Office (904) 825-5045' FAX: 825-5044 (813) 272.3843' FAX: 272-2340 Historic Prescrvation Grant Solicitation Pagc 2 Non-secu]ar organizations are eligib]e to apply for grant-in-aid assistance. Ilowever, e]igible development activities involving non-secular structures are limited to exterior activities and only those interior activities, which are essential to the preservation of the structural integrity of tl1e structures. PROJECTS ELIGIBLE FOR FUNDING 'rhe grant funds will be availab]e to support both Acquisition and Deve]opment and Survey and Planning activities. 'rhese grant categories are: Acquisition and Development projects incl ude acqUIsitIOn, preservation, protection, restoration, rehabilitation and stabilization of historical and archaeo]ogical sites; also tIle investigation of archaeological sites, the taking of photographs, the preparation of measured drawings and such other records as are necessary to record historic a] and archaeological sites and properties threatened with damage or destruction; and planning for eligib]e Acquisition and Deve]opment activities, such as the preparation of plans and specifications. Survey and Planning activities include survey and evaluation of historical and archaeological sites; preparation of data for and the actual listing or registering of historical and archaeological sites in the F]orida Master Site Fi]e or the Nationa] Register of Historic Places; preparation of long-range historic preservation and management plans for historical and archaeo]ogical sites; development of automated information systems to facilitate the recording of site data or to facilitate the management of information on other subjects pertaining to historic preservation; community education and community relations projects promoting the preservation of historical and archaeo]ogical sites in general; research to study the effectiveness and results of historic preservation programs, methods and techniques; research of historical documents for the purpose of documenting and evaluating the significance of historical and archaeo]ogical sites; and use of staff or a private consultant hired through appropriate procurement standards to organize a Certified Loca] Government program or its components. Other activities may also be eligib]e for grant assistance. If you have a question about the eligibility of a project or work e]ement, please call the Bureau. GENERAL PRIORITIES Historic Preservation A general goal of the Bureau is to locate, identify and protect the significant historic properties of the state as rapidly as possible to provide a basis for effective preservation planning throughout the state. In addition to the application evaluation criteria outlined in Rule IA-3S, F]orida Administrative Code ("Historic Preservation Grants-in-Aid"), projects within each category shall be rated on the basis of the following priorities: A. Survey Priorities 1, Surveys to identify, evaluate and document historic properties and archaeo]ogical sites associated with F]orida's minority heritage, 2. Surveys of broad areas where no previous surveys have been undertaken. 3. Surveys located in areas subject to intensive development pressure. 4. Surveys designed to complete comprehensive coverage of areas in which partial surveys have been made. S. Surveys that address historic themes not covered or under-represented in previous surveys. lIistoric Prcscrvation Grant Solicitation Page 3 B. Registration (National Register) Priorities I. Registration of historical resources identified by previous survey activity. 2. Registration of properties of national significance. 3. Registration of properties of statewide or local significance. C. Planning Priorities I, Development of historic preservation elements (or historic preservation components of coastal management, future land use or housing elements) of Local Government Comprehensive Plans. 2. Development of plans for informing the public as to the economic and other benefits of preserving historical resources, 3, Development of protection tools, such as local ordinances. 4. Implementation of automated information systems to facilitate the recording of site data or information on other historic preservation subjecFs. D. Community Education Priorities I. Historic preservation education programs for school children, provided the programs are compatible with the Florida IIeritage Education Program. 2. Projects having to do with minority historic preservation. 3. General publications about preservation. 4. Self-guided tours of historic areas. E. Acquisition and Development Priorities 1. Assistance for stabilization or other appropriate preservation treatments for properties which are in imminent danger of being lost due to physical deterioration or planned development. 2. Assistance in the development of plans for the restoration or rehabilitation of properties, particularly those which will be placed in public use. 3. Assistance in the restoration and rehabilitation of properties for which appropriate preservation planning is complete or well underway, particularly those which will be placed in public use. 4. Assistance for restoration or rehabilitation projects which will yield technical innovations which will have application in other projects. Applications for all types of eligible projects are earnestly solicited and encouraged and will be given equal consideration and judged on their merits according to the criteria in Section I A-3S.007(2), Florida Administrative Code. SPECIAL PROJECTS In the case of special project areas listed below, the Florida Historical Commission Grant Review Panel may waive matching requirements. The Grant Review Panel also reserves the right to decline to recommend funding for any applications in these areas if, in the judgment of the Bureau and the Panel, the goals of these areas would not be met. Multiple Property Submission/ Historic Context development ('or Florida's Historic Roads and Trails Special consideration will be given for applications to produce a Multiple Property Submission (MPS), including historic contexts and associated property types for Florida's historic roads and trails. The format of the publication will follow a basic outline developed in close consultation with the Division of Historical Resources staff and should include, but not be limited to an extensive background on the development of trails and roads in Florida; an inventory of Florida' s significant historic trails and roads; a systematic identification process for previously unrecorded trail and road segments; principles and guidelines for the evaluation of these resources and the determination of potential eligibility for listing in the National Register of Historic Places; guidelines for appropriate treatment of tllese resources; and llistoric Prcservation Grant Solicitation Pagc 4 appropriate management goals for the long term preservation of these historic properties. This document must be developed in close consultation with the Division of lIistorical Resources. Product deliverables will be one electronic copy of Ihe completed MPS and completed Resource Group forms for resources inventoried during this project. Florida Main Street Program Special consideration will be given for grants to national and statewide organizations whose programs assist local redevelopment of historic downtown business districts to assist in the administration and provision of technical assistance within the Florida Main Street Program, and non-matching $10,000 "start-up" grants for newly selected Florida Main Street communities. Multiple Property Submission! Historic Context development for Florida's Post-1950 Architecture After World War II, r;lorida's growth became exponential as a new wave of settlers came to make the state their home. I;ueled by the GI Bill and HUD loans, residential architecture responded to this great need in a variety of ways that capitalized on the standardization of form and material. 'rhroughout the state motorists came in droves seeking the sun, and the roadside motel became an ubiquitous feature of cities, large and small. In individual design, some leading architects abandoned all hints of historicism, and set a new course, creating some of the most exciting and dramatic designs yet to be produced for the Sunshine State. New types found regional expression, as in the Sarasota School emd Miami Modern design. Special consideration will be given for applications to produce a Multiple Property Submission (MPS) that includes historic contexts and associated property types for Florida's 1950- I 968 architectural resources. The MPS will include an extensive background on the development of Mid-Century Modem architecture, including, but not necessarily limited to the Contemponu'y, Ranch, International, and Miami Modern styles; biographical information about the major architects; an inventory of Florida's significant examples of such resources; a systematic process for identifying previously unrecorded examples of such resources; and principles and guidelines for evaluating such resources to detennine their potential eligibility for listing in the National Register of Historic Places. This document must be developed in close consultation with the Division of Historical Resources. Product deliverables will be one electronic copy of dIe completed MPS. MA TClIING REQUIREMENTS AND PROJECT SUPPORT The above special projects and applications submitted by local governments and community focused not- for profit organizations located in communities that are eligible to request a waiver or reduction of matching requirements as per S.288.06561, F.S., are the only potential non-matching grants anticipated. All other funding will be awarded in the form of 50/50 matching grants. That is, funds will be given to support up to 50% of the cost of em eligible project, with the odler 50% to be provided by the grant recipient (grantee) in the form of cash or allowable in-kiDd and donated services with a specified cash value. In computing grant match, please note that, while direct administrative costs for conducting grant activities will be considered allowable expenditures, indirect administrative charges, or overhead, will not. In valuing in-kind and donated services, please be sure to use a value that retlects a typical fair market value you would pay if you were purchasing such services. Also, please be aware that you may not use expenditures of any kind made prior to the grant period as part of your match. It is important dlat an applicant document support for the project for which funding is requested. Letters of support, endorsements, resolutions, and other documentation evidencing local, regional or statewide support for the project must be included widl the application, I Iistoric Prcscrvation Grant Solicitation Pagc 5 APPLICATION REVIEW AND PROJECT SELECTION All applications delivered to the Bureau of Historic Preservation by 5:00 P,M" December 15, 2006, or clearly postmarked on or before December 15, 2(Xl6 or showing evidence of submission to an express mail service on or before December 15, 2006 will be reviewed for eligibility. All eligible applications will be evaluated on a competitive basis by Florida Historical Commission Grant Review Panels in public meetings scheduled for March 27 28, 2007 in 'I'allahassee. The I~'lorida Historical Commission Grant Review Panels will prioritize all applications and recommend a level of funding (full or partial) for each project. In accordance with the Government Performance and Accountability Act of 1994, the Division of Historical Resources is m,mdated to increase the number of historic and archaeological properties protected or preserved for public use and to increase the attendance at Division produced and sponsored events. As a result, many projects may not be recommended for the full amount requested; ratller the Grant Review Panel members may recommend an amount intended as a significant contribution to the project. Final project selection will be made by the Department of State and will depend heavily upon the Grant Review Panels' recommendations. Projects selected for grant awards will be announced by July 1,2007. Grant award agreements will be forwarded to grantees in Julv of 2007, and proiect work may not be initiated until a formal grant award agreement between the grantee and the Department is executed. No work begun before an agreement is signed will be eligible for payment. All expenditures for which payment will be requested must be encumbered or incurred by June 30,2008. ADDITIONAL INFORMATION If you have any questions regarding proposed projects and the application form, please call the staff of the Bureau of Historic Preservation at 1-800-847-7278 (PAST) or (850) 245-6333. Questions regarding acquisition and development projects should be directed to Phillip Wisley, David Ferro or Crista Hosmer. Questions regarding archaeological projects, historic structures surveys, planning, and community education projects should be directed to Sharyn Heiland. General questions regarding the grants program should be directed to Alissa Slade, Sharyn Heiland, or Crista Hosmer. On behalf of Secretary of State Sue M. Cobb, thank you for your interest m preservmg Florida's historical resources. I look forward to hearing from you soon. Sincerely, ~~~. C~,~- r:rederick P. Gaske Director, Division of Historical Resources Historic Prcscrvation Grant Solicitation Page 6 To request an application, complete the form on the next page and return it to the Bureau of Historic Preservation. Please type or print legibly. MAIL TO: Grants and Education Section Bureau of Historic Preservation R, A. Gray Building 5(X) South Bronough StTeet Tallahassee, Florida 32399-0250 I would like an application form sent to me at the following address: NAMI~ ORGANIZATION STRlm'r ADDRI~SS OR POST OFFICE BOX CITY, STArE, AND ZIP CODE DA YTlME PHONE NUMBER The application and instructions are also available on the World Wide Web and can be downloaded as Microsoft Word or Adobe Acrobat files. The address is: http://www.flheritage.com/grants/preservation/ apply .cfrn This program receives Federal financial assistance for identification and protection of historic properties. Under Title VIol' the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, and the Age Discrimination Act of 1975, as amended, the U.S. Department of the Interior prohibits discrimination on the basis of race, color, national origin, disability or age in its federally assisted programs, If you believe you have been discriminated against in any program, activity, or facility as described above, or if you desire further information, please write to: Office of Equal Opportunity, National Park Service, 1849 C Street NW, Washington, D.C. 20240. Grant Application PLEASE NOTE THE FOLLOWING REGARDING THE SUBMISSION OF ELECTRONIC AND PHOTOGRAPHIC IMAGES WITH HISTORIC PRESERVATION GRANTS-IN-AID APPLICATIONS: Item No.7: Photo2raph A 3"x5" photograph or printed image showing the principal view of the project site or a photo that conveys the purpose of the project must be attached to the front page of the Application, in the space provided. Photographs may be color or black and white, and should be clear enough for reviewers to see details. Attachment D: Photo2raphic Ima2es Additional photographs or printed images showing the existing conditions of the subject property or site must be submitted under Attachment D of the Application. Intended to aid the Florida Historical Commission (FHC) in their review of the proposed project, photographs or printed images should be included in each of the thirteen (13) copies of the Application. The images may be color or black and white, and should be clear enough for reviewers to see details. Attachment E: Photo2raph for Presentation The Department requests the submission of a CD containing at least one (1), but no more than three (3), electronic images of the principal view of the subject property to accompany all Applications for Historic Preservation Grants-In-Aid. Images should be submitted as JPEG files no larger than 1.0 MB, with a minimum resolution of300 pixels/inch. Department staff will use the electronic image(s) as a visual aid in the PowerPoint presentation at the public meeting of the FH C. The presentation will feature the image(s) that best depicts the principal view of the subject property or that best conveys the purpose of the project. This may be the same image as that attached to the front of the Application. These images are not a substitute for Item No.7 or for Attachment D, and will not be forwarded to the FHC as part ofthe Application. Please do not submit slides for this purpose. FLORIDA DEPARTMENT OF STATE Sue M. Cobb Secretary of State HISTORICAL RESOURCES GRANTS-IN-AID APPLICATION Instructions for Form HR3E0410705 (Effective July 2005) This application should be prepared only after reading the instructions. All responses must be typed and confined to the spaces provided. Each application submitted must be complete (including re uired attachments) and ostmarked by midnight of the established deadline. An application package for the Small Matching Grant cycle consists of the original and 7 complete copies of the application. An application package for a Major Acquisition & Development or Museum Exhibit project to be Funded by an Appropriation of General Revenue Funds (SPECIAL CATEGORY) consists of an original and 12 complete copies. DO NOT SUBMIT THE INSTRUCTIONS WITH YOUR APPLICATION NO BINDERS OR FOLDERS PLEASE Please staple the aPI?lications in the upper left hand corner. Please indicate which of the applications is the original (the original application is that which bears the original authorized signatures and original letters of support). MAIL COMPLETED APPLICA nONS TO: Grants and Education Section Bureau of Historic Preservation R. A. Gray Building 500 South Bronough Street Tallahassee, Florida 32399-0250 IF YOU HAVE ANY QUESTIONS, PLEASE CALL: Toll Free at 1-800-847-7278 (850) 245-6333 Suncom: 205-6333 FAX: (850) 245-6437 HISTORICAL RESOURCES GRANTS-IN-AID DEADLINES FOR SUBMISSION Historic Preservation Small Matching Grants for Acquisition and Deyelopment, Survey and Planning, Historic Markers, Community Education, Main Street and Certified Local GOyenlment Grants: December 15 Historic Preservation and Historical Museums Special Category Grants: Mav 31 Applications must be received in the Division offices on or before 5:00 p.m. on the deadline date, or' be clearly postmarked on or before the deadline date, or show evidence of submission to an express mail service on or before the deadline date. If the deadline date falls on a weekend or legal holiday, applications may be deliver'ed, postmarked, or submitted to an express mail service on the first following working day. HISTORICAL RESOURCES GRANTS-IN-AID APPLICATION INSTRUCTIONS Page 2 Application Instructions 1. ProJect Title: The title should reflect the name of the property, area, museum or exhibit, or the type of project proposcd (for example, Widow's-Walk House Rehabilitation, South Mill Neighborhood Survey, South Side Museum, etc.). 2. Applicant: Enter the full name of the applicant organization. Please note that there can be only one applicant per application. 3 & 4 FOR SMALL MATCHING GRANT APPLICATIONS: Amount Requested and Match: Enter the amount of grant flmds being requested and the amount of match. Please note that the match must be equal to or exceed the amount of grant funds being requested. Furthermore, the amounts listed here must equal the totals listed for Grant Funds and Matching Funds under Question 29, Project Budget. Detailed documentation of the applicant's match must be addressed in Question 30, and confirmation of the match must be included as Attachment B. Waiver or Reduction of Match Requirements: Applicants located in counties or communities that have been designated as a rural community in accordance with Section, 288.0656 and 288.06561, Florida Statutes, may request a waiver of matching requirements for small matching grants, Please attach a letter requesting the waiver to the original application. FOR SPECIAL C'ATEGORY APPLICATIONS: Amount Requested and Local Cost Share: Enter the amount of grant funds being requested and the amount of local cost share. As explained below, preference will be given to those projects in which the applicant documents a commitment to contribute to the total cost of the project resources equal to or greater than the amount of grant assistance requested. IN ALL CASES, THE APPLICANT MUST DOCUMENT A MINIMUM MATCHING CONTRIBUTION OF $50,000 TOWARD THE TOTAL COST OF THE PROJECT. This matching eontribution may be in the form of cash, in-kind services, donated services, or donated materials. To document the Local Cost Share, the applicant must clearly describe and confirm the following contributions to the project: a. The local resources which have directly contributed to the evaluation, preservation, stabilization or restoration of the property (for archaeological sites, use contributions for evaluation, excayation and analysis of recovered material; for historical museums, use contributions for the development of the exhibition or program) during the five (5) year period preceding the date of application. These resources may include cash expenditures, in-kind services, the value of volunteer labor or donated materials and services, and, if applicable, the donated or purchase price value of the property. The contribution of the donated or purchase price value of property to local cost share shall be limited to the appraised yalue of the structure (complete summary appraisal prepared by a Florida State Certified General Real Estate Appraiser) and its footprint (the portion of the site beneath it). In order for the purchase price value to be allowed as local cost share, the applicant must be able to demonstrate full ownership. A purchased property, which is encumbered by a mortgage, may not be used as local cost share. The value of a donated lease may not be used as any portion of the local cost share. For archaeological sites, the contribution must be limited to the appraised value of the area within the site boundaries, as determined by a professional archaeologist. Expenditures for routine maintenance (i,e, painting, cleaning, etc.) are not allowable contributions to Local Cost Share. HISTORICAL RESOURCES GRANTS-IN-AID APPLICATION INSTRUCTIONS Page 3 b. The local resources available for the project during the period for which funding is requested (funds, in-kind services, pledges of volunteer labor, and donated materials and services). The sum of the contributions described in a and b constitutes the Local Cost Share for the project. Please note that, for staff review purposes, a local cost share comprising less than 50% of the grant amount requested is considered low; at least 50% but less than 100% is considered medium; and 100% or more is considered high. For cities with a population of 10,000 or less and for counties with a population of 75,000 or less, or those counties which have at least three of the economic distress factors listed in Section 288.06561, Florida Statutes, any Local Cost Share from $50,000 to half of the amount of the grant request will be considered medium; any Local Cost Share of $50,000 or more that is greater than half the amount of the grant request will be considered high. In all cases, one copy of the documentation substantiating the Local Cost Share shall be included in the application submission as Attachment B. Documentation of available Local Cost Share must include written commitments from the organizations, agencies or private donor sources identified in your response to this question. Public and private donor commitments contingent upon the award of a grant are acceptable. 5. Project Type: Check only one project type, If your organization is seeking funding for more than one type of project, be sure that a separate application is completed for each project. If you plan to seek funding for more than one type of project, contact appropriate grant personnel. 5a) Check this if you are applying for: major historic building restoration/rehabilitation, archaeological excayation and research, or museum exhibit project where the request of grant funds exceeds $50,000 and a minimum Local Cost Share of $50,000 is documented. This type of project is known as Special Category, and is funded by an appropriation of State General Revenue funds. The funding being requested should not exceed $350,000. 5b) Check this if your project is a restoration/rehabilitation of a historic building, restoration planning work, archaeological excavation project, or acquisition of a historic building or archaeological site. A match equal to the requested amount is required, The requested amount may not exceed $50,000. 5c) Check this if your project is the identification and evaluation of historic and/or archaeological resources, production of architectural design guidelines, preparation of National Register nominations, or preservation ordinances. 5d) Check this if your project is a historic preservation-focused educational brochure or booklet; audio-visual product; folklife documentation or oral history project; or is heritage education related. Historic preservation includes any historic or prehistoric site, district, building, object of historical, architectural, or archaeological value, and folk life resources. 5e) Check this if the applicant is a Certified Local Government and the entity is applying for a Survey and Planning or Community Education project. 5f) Check this if your project is funding for the one-time grant for Main Street communities newly designated by the Secretary of State, or if your entity is applying for funds to conduct Main Street program services. 5g) Check this if the application is in reference to a special project that was announced by the Division of Historical Resources for which the matching requirements have been waived. HISTORICAL RESOURCES GRANTS-IN-AID APPLICA'rION INSTRUCTIONS Page 4 Communities eligible for the waiver of match requirements for a small matehing grant per S.288.06S61, F.S. should not check this; they must check the applicable type of project and attach the match waiver request to the application. Sh) Check this if the application is for matching funds for the purchase of an approved State Historic Marker. 6, Project Description: In the space provided, describe the project for which funding is requested, Indicate how you intend to use the funds requested, describing each of the major work items involved and what the end product will be. For Historic Preservation projects, also briefly describe the historic significance of the property or properties for which grant funding is being requested. 7. Photograph: Please attach a 3xS photograph showing the principal view of the project site or a photo that conveys the purpose of the project on the space proyided, Photographs may be black and white or color (glossy prints are preferred). Additional photographs of existing conditions of the project are required as Attachments D and E (see Item 34, Attachment Checklist). 8. Project Information: Please provide location of the project or museum. For remote locations, provide the USGS 7.S Minute Quadrangle Name and the Section, Township, and Range coordinates in this section, Indicate the county where the project is located. Indicate the population of the community and county where the project is located as determined by the most recent edition of "Florida Estimates of Population." This information is available at your public library . 9. Applicant Information: Enter the applicant's organization name and mailing address, type of applicant (either non-profit or governmental agency), and the name and title of the organization's chief officer in the spaces provided. Not-for-profit organizations must enter their Federal Employer Identification Number in the space provided. State agencies and state universities should enter the appropriate SAMAS Number. Enter the ending date of the applicant organization's fiscal year. Please provide the applicant organization's primary contact person's name, address, daytime phone number, and FAX number in space provided. Enter the primary contact person's email address, if available, and the organization's website address, if available. Note that the primary contact is usually the individual who will be administering the project and will be available to answer questions from Division of Historical Resources staff regarding the proposed project and application. 10. Project Area Representation: Please provide the information requested regarding state legislative and congressional representation for the project location. Be careful to provide accurate and current information. 11. Applicant's Grant History: Indicate whether or not your organization has receiyed prior grant assistance from the Florida Department of State. If yes, provide the year, Division that awarded the grant, title of the project, and amount of award for grants received previous to the date of this application. Attach an additional sheet if necessary. 12. Historical Designation: Indicate the type of historical designation currently held by the project site. For properties that have been listed in the National Register or are contributing sites within a HISTOl{lCAL RESOUI{CES GRANTS-IN-AID APPLICATION INSTRUCTIONS Pagc 5 National Register District, please provide the date that the property or district was listed. Please leave this question blank if it does not apply to your project. 13. Local Protection: Indicate the level of local protection currently afforded the project site. Please leave this question blank if it does not apply to your project. 14. Threats to the Project: Provide a brief explanation of immediate threats to the site or area such as proposed demolition, extensive structural damage, on-going site disturbance for archaeological sites, planned re-zoning, etc. Please leave this question blank if it does not apply to your p roj ect. 15. Completed Project Activities: Provide a summary of the project related activities that have been completed at the time of the application submittal. Such activities may include architectural studies or plans, preservation planning activities, archaeological research accomplished such as research design or previous excavation or site assessment work, or museum exhibit research and design. If available. one set of completed architectural proiect schematics or construction documents are to be included as Attachment F to the Original Application. 16. Major Elements and Responsible Entities: Describe the major elements of the project and indicate the entities (i.e. consultant, in-house, yoltmteers) responsible for each element. Include in your description an estimate of amount of time needed to accomplish each project task. Please note that small matching grants will have up to 12 months in which to complete the project, and Special Category grants will have up to 24 months. IT Cost of Maintenance: Provide the anticipated annual cost of maintenance of the historic property or archaeological site, or the annual cost of the upkeep of the museum exhibit upon completion of the project, and the source of the funding. 18. Educational Benefits: Indicate how the project will enhance public awareness of historic preservation, Florida history or heritage to the local community and the state at large. 19. Annual Visitation: Indicate the estimated or anticipated number of visitors per year. 20. Benefit to minorities and the disabled: Describe any direct benefit the project will have on a specific ethnic or minority group or the disabled, 21. Direct Economic Impact: Provide an explanation of the direct benefits this project will have on the local economy, Include any information regarding number of jobs it will provide, if known, 22. Acquisition & Deyelopment/Special Category Projects or Projects Which are Site Specific: Please provide the information requested for Acquisition and Development/Special Category projects. It is very important that this question be answered for all restoration and rehabilitation projects, including architectural planning projects, and archaeological sites: a) Please attach a copy of the Florida Master Site File Form for the property as Attachment G. b) For historic structures, provide the date(s) of original construction, c) The dates and description of major alterations to the structure, d) The original use of the structure, e) Its current use and, f) The proposed use(s) after completion of the project. g) For archaeological sites, provide the site's cultural affiliation and the dates of use or occupation. h) Provide a statement of significance for the property or site. fUSTORICAL RESOURCES GRANTS-IN-AID APPLICATION INSTRUCTIONS Page 6 23. Acquisition of Historic Properties: Enter the full purchase price of the historic property and the appraised value of the property. Please note that the maximum grant share for a Historic Property Acquisition project shall not exceed 50% of the value of the property as determined by a complete summary appraisal prepared by a Florida State Certified General Real Estate Appraiser; the average of two appraisals, if two were obtained; or the average of the closest two appraisals, if more than two were obtained; or 50% of the purchase amount, whichever is less. Only the purchase of the historic building or archaeological site is eligible for grant funding. All closing costs are the responsibility of the applicant organization. The acquisition of a historic property shall be confined to the purchase of the historic structure(s) and that area of land that the building(s) footprint occupies, The acquisition of additional acreage is not eligible for Historic Preservation grants funding. For archaeological sites, the land to be purchased must be demonstrated by professional archaeological survey to contain the archaeological site that is the subject of the acquisition. The following documents must be attached to the application as Attachment H: a) A copy of the complete summary appraisal prepared by a Florida State Certified General Real Estate Appraiser. Two appraisals, as specified above, are required if the first appraisal exceeds $500,000,00; b) A copy of an ownership and encumbrance search; and c) A copy of an executed option or purchase agreement d) A copy of the certified land survey and (if applicable) a copy of the archaeological survey report justifying the archaeological site acquisition project 24) Survey and Planning Projects Grants: Enter the types of historical resources to be surveyed. a) Proyide the title and publication date of any previous surveys in the survey project area. b) Provide an estimate of the number of Florida Master Site Forms that will be produced by the survey for newly recorded sites and updates of previously recorded sites. c) Enter the acreage of the area to be surveyed. d) For National Register Nominations, indicate the number of anticipated individual nominations and/or district nominations. e) Indicate whether or not a multiple property cover nomination will be produced. 25) Community Education Projects: Please provide the information requested for Community Education projects. a) Describe how audio-visual productions, book(s) pamphlets, or brochures will be marketed or distributed. b) Enter the estimated minutes or pages of the final product c) Enter how many copies of the final product will be produced. d) Enter whether or not the product will be sold. If the items are to be sold, enter the estimated per item charge. e) For educational materials, respond to the question regarding local school system involvement If the answer is "yes", describe their participation to date and anticipated participation in the project f) Indicate whether or not the project will be integrated into the Florida Heritage Education Program. HISTORICAL H.ESOURCES GRANTS-IN-ALD APPLICATION INSTRUCTIONS Page 7 g) If you are applying for matching funding for a Florida Historic Marker, please be sure to include copies of your marker application, Form No. HR3El71294, and verification of the review and approval of the marker by the Florida Historic Marker Council as Attachment I. Marker pro.iects, which have not been reviewed and approved by the Florida Historic Marker Council, are not eligible for matching grant assistance. 26.- 28. Museum Exhibit Pro.iects (SpeciaJ Category Museum Pro.iects): Answer questions 26 28 if your organization is seeking funding in excess of $50,000 for the development and construction of a museum exhibit on Florida History, Attach the completed museum exhibition designs with appropriate sketches as Attachment J. 29. Pro.iect Budget: Please list the project work items, indicate the amount of grant funds, and the amount of match (for small matching grants) or local cost share (for Special Category grants) that will be applied to each item, and enter the sum of the two amounts in the corresponding sub-total column. Please enter the total of each colwnn in the space provided. Please note that the total of the grant funds and the match or local cost share should be equal to the Amount of Grant Funds Requested and Match/Local Cost Share Amount entered in Question 3 on the application cover sheet. 30. Matching and Local Cost Share Funds: Matching and Local Cost Share funds may include in- kind services directly involved in project work, the value of volunteer services and donated materials, as well as cash funds. In-kind services may include salary and benefits but not overhead costs or profit. Volunteer services should be valued at a minimum wage unless the donor is performing services in which he or she is regularly employed at a higher prevailing wage. Donated material must be valued at the actual cost. Public funds must be identified by source, that is: appropriated funds, Commmlity Development Block Grant funds, etc. Major private donations, such as from foundations, should be separately identified; otherwise private donations may be listed in lump swn. For small matching f,'Tant projects, expenditures made prior to the grant period (that is, prior to the effective date of a fully executed Grant Award Agreement) are not allowable for purposes of match, For Special Category grant projects, expenditures made during the preceding 5 year period are allowable for Local Cost Share purposes; see the instructions for question 3 for an explanation of the computation of Local Cost Share. Note: In listing the items to be paid with grant funds, matching funds or local cost share, please remember: Grant funds cannot be used to reimburse an applicant organization for work undertaken or completed prior to the effective date of a formaJ Grant Award Agreement. For SmaJl Matching Grants, all the costs, both grant and match funded, must be incurred during the grant period. Costs incurred prior to the grant period and after the grant period has expired will not be eligible for payment with grant funds nor eligible to be credited as part of the grantee's matching share. Eligible Acquisition and Development activities involving religious (non-secular) structures are limited to exterior activities and only those interior activities that are essentiaJ to the preservation of basic structuraJ integrity. In general, if an item or activity is not considered an allowable grant funded expense, it will not be allowed as part of the applicant's matching or local cost share, Examples of costs that are not allowable: HISTORICAL RESOURCES GRANTS-IN-AID APPLICATION INSTRUCTIONS Page 8 . Cost associated with the preparation of the grant application. . Any costs associated with fund-raising activities, . Costs which do not directly relate to the historic preservation project such as parking improvements, landscaping, and routine maintenance services. . Food and beverage expenses other than authorized travel expenses. . Purchasing of capital equipment such as vehicles, tape recorders, cameras, computers, and video cameras. Where appropriate, such items may be rented or leased during the grant period using either grant or matching funds. . Administrative costs which are not directly related to the grant assisted pro.iect or represent in excess of 10% ofthe grant funds requested. 31. Applicant Certification: The question must be filled out and signed by the duly authorized representative of the applicant organization. Please note the ori2inal of the application is the copy that bears the authorized person's original signature for this and all other applicable Certifications. 32. Owner Concurrence: If the applicant does not own the property which is the subject of the grant assisted project, the owner of record must sign the following statement indicating concurrence with the proposed project and this application for grant assistance. 33. Agreement to Execute Restrictiye Covenant (SPECIAL CATEGORY & ACQUISITION PROJECTS ONLY): For projects involving historic properties and those involving archaeological sites which will be maintained subsequent to the completion of the project, the owner, long-term lessee or other responsible party must sign the following statement indicating agreement to execute a 10 year restrictiye covenant to run with the property deed, should a grant award be made. 34. ATTACHMENT CHECKLIST: Please review this listing and provide the applicable information, Please indicate which labeled attachments have been included in the application. Attachment A: Civil Rights Assurance of Compliance form: This form has been provided and must be executed by the authorized person for all applications. Attachment B: Documentation of Confirmed Match or Local Cost Share: This attachment must contain documentation of the match or local cost share listed in Question 29. Documentation should be organized in the same order that it has been listed in Question 30 and should include: . For Commitments of Cash Resources: A letter from the head or executive director of the applicant organization stating that the funds have been reserved and committed to the project. For local governments, a copy of the City Commission or Board of County Commissioners Resolution committing the funds may be attached. . For Commitments of In-Kind Services, Donated Services, or Materials: A detailed explanation of services or materials to be provided including a justification of the value assigned to the services or materials, an explanation of how those services will be used to fulfill the objectives of the project, and the numbers of work hours being pledged must be I]lSTORICAL RESOURCES GRANTS-IN-AID APPLICATION INSTRUCTIONS Page 9 included. A signed statement from the individual or entity making the commitment must verify each commitment. Note that the per hour value for donated services must be calculated at the Federal Minimum Wage of $5.15 per hour unless a higher rate can be justified based on education, skills or training possessed by the donor. For example, a professional carpenter may donate time for carpentry services at their normal rate, or document the amount of their normal fee they are donating to the I)roject. Documentation must be submitted for all commitments of in-kind services, donated or volunteer services or donated materials. · Match or Local Cost Share that is not adeQuatelv documented will be disallowed and the amount represented will be deducted from the applicant's matching or local cost share. Attachment C: Letters of Support, Endorsement, or Resolutions: In this attaclmlent you should provide letters of support from your Legislative Delegation, commwlity leaders, and local citizens. The purpose of the attachment is to show support for expenditure of public funds for your project. Individual letters are preferred. Form letters are discouraged and typically do not evidence genuine local support for the proposed project. The number of letters submitted should not overwhelm the application in terms of volume. In most cases, 10 to 20 letters of support are sufficient for an applicant to make the case of broad community or regional support for the project. Letters should be addressed to the Director, Division of Historical Resources, c/o Bureau of Historic Preservation, Grants and Education Section, 500 South Bronough Street, Tallahassee, FL, 32399-0250. Please note that letters of support received by this office, independent from the application or after the application cycle deadline, will be filed with the original version of the application which is retained by the Bureau of Historic Preservation. Such letters will not be transmitted to the reviewing body or collated into the application copies, but will be available to the reviewing body during its meeting. Attachment D: Photographs showing existing conditions of the property or site: Applicants may use this attachment to show details of the project being proposed. The photos may be color or black and white copies, but in all cases should be clear enough for reviewers to see the details. Poor quality photocopies should not be submitted. Attachment E: A photograph showing the principal view of the subject property or an image that conveys the purpose of the project. This image will be shown in the public meeting when the Grant Review Panel or Florida Historical Commission is reviewing your project. This image may be submitted in an electronic format. Attachment F: If completed, architectural project schematics or construction documents (ONE SET ONLY) (ACQUISITION AND DEVELOPMENT and SPECIAL CATEGORY PROJECTS): If your restoration/rehabilitation project has had architectural documents prepared, attach one set as Attachment F to the original application. Attachment G: Copy of Florida Master Site File Form: All site-specific projects must attach a copy of this fonn. If your historic building or archaeological site has not been recorded in the Florida Master Site File and you need assistance in recording your project site, you may contact the Florida Master Site File at (850) 245-6440, or your can visit the Florida Master Site File web site at http://dhr.dos.state.fl.us/msf/ to leam more about the site file functions and download site file forms for recording your site. Attachment H: For Acquisition projects only: an independent appraisal (two appraisals are required if the value of the first appraisal exceeds $500,0(0), an ownership and encumbrance search, an executed option or purchase agreement, property survey, and a copy of a HISl'ORICAL RESOURCES GRANTS-IN-AID APPLICATION INS'fRUCTIONS Page ]0 professional archaeological survey if the property is being proposed for purchase as a significant archaeological site. This attachment only applies to projects thaI are seeking funds to acquire historic or archaeological properties. Attachment I: For historic marker projects only: Florida Historic Marker Application Form No. HR3EI71294 and verification of review and approval by the Florida Historic Marker Council: This attachment only applies to entities seeking matching funds to assist in the purchase of a Florida Historic Marker. Questions regarding the Historic Marker Program should be directed to the Marker Coordinator, (850) 245-6333. Additional information on the Division of Historical Resources Marker Program can be accessed at: http://dhr.dos.state.fl.us/bhp/markersl. Attachment J: If completed, museum exhibition designs with appropriate sketches (MAJOR MUSEUM EXHIBIT PROJECTS ONLY): This attachment applies to those entities seeking a Museum exhibit grant to be funded from General Revenue Appropriations (Special Category), Attachment K: For non-profit organizations only, documentation of non-profit status: This attachment applies to all non-profit organizations seeking funding. Information on entities registered with the Florida Department of State's Division of Corporations can be viewed at: http://www.sunbiz.orglcorpweb/inquiry/cormenu.html. Attachment L: Optional Attachments: Applicants may use this attachment to add materials that support the application that have not been specifically requested by the Division of Historical Resources. An optional attachment may consist of examples of previous work or information about the site such an informational brochure. TO WHICH AREAS OF THE APPLICATION SHOULD APPLICANTS RESPOND? Questions 1 through 11: ALL APPLICANTS Question 12: Acquisition and Development Projects or any project that is site specific, including Special Category. Question 13: Acquisition and Deyelopment Projects or any project that is site specific, including Special Category. Question 14: ALL APPLICANTS except Museum Exhibit and Historic Marker projects. Question 15: ALL APPLICANTS except Historic Marker projects. Question 16 ALL APPLICANTS except Historic Marker projects. Question 17: Acquisition and Deyelopment Projects or any project that is site specific, including Special Category. Question 18: ALL APPLICANTS HISIORICAL RESOURCES GRANTS-IN-AID APPLJCATION INSTRUCTIONS Pagc II Question 19: ALL APPLICANTS if Annlicable. Most Community Education, or Survey and Planning projects will not be able to respond to this question. Question 20: ALL APPLICANTS except Historic Marker projects. Question 21: ALL APPLICANTS except Historic Marker projects Question 22: Acquisition and Development Projects or any project that is site specific, including Special Category, Question 23: Projects which propose using grant funds to purchase a historic building or archaeological site must respond to this question and provide all the additional information as Attachment H. Question 24: Survey and Planning Grants only or Certified Local Government Applicants seeking funding to conduct Survey and Planning Activities. Question 25: Community Education Grants only or Certified Local Government Applicants seeking funding to conduct Community Education Activities. Historic Marker applicants must attach the Historic Marker Form No. HR3E171294 and verification of reyiew and approval of the marker as Attachment I. Question 26 through 28: Museum Exhibit Grants seeking Special Category Funding Only. Question 29: ALL APPLICANTS Question 30: ALL APPLICANTS Question 31 ALL APPLICANTS Question 32: Applicants seeking Acquisition and Development funding including Special Category for a property or site which the applicant organization does not own must have this completely filled out and signed by the owner or duly authorized representative of the owner. Question 33: Only those applicants seeking Special Category Funding for building restoration or rehabilitation and those seeking funds for the acquisition of historic buildings or archaeological sites respond to this area of the application. END APPLICATION INSTRUCTIONS HISTORICAL RESOURCES GRANTS-IN-AID APPLICA nON 1) PROJECT TITLE: 2) APPLICANT ORGANIZA TJON: 3) AMOUNT of GRANT FUNDS REQUESTED: $ 4) MATCH/LOCAL COST SHARE AMOUNT: $ 5) PROJECT TYPE (CHECK ONE PLEASE) a) 0 MAJOR ACQUISITION & DEVELOPMENT or MUSEUM EXHIBIT GRANT to be FUNDED FROM GENERAL REVENUE APPROPRIA TlON (SPECIAL CA TEGORY) b) 0 ACQUISITION & DEVELOPMENT c) 0 SURVEY & PLANNING d) 0 COMMUNITY EDUCATION e) 0 CERTIFIED LOCAL GOVERNMENT f) 0 MAIN STREET g) 0 NON-MATCHING h) OHISTORIC MARKER 6) In the space provided below, briefly describe the project and the property or properties for which funding is requested: 7) Attach a 3x5 photograph of the principal view of the property Florida Department Of State Division of Historical Resources Fonn HR3E041070S (Etfective July 200S) HISTORICAL RESOURCES GRANTS-IN-AID APPLlCAT10N PAGE 2 8) PROJECT LOCA TION INFORMA nON STREET ADDRESS and CITY COUNTY WHERE PROJECT IS LOCATED: COMMUNITY POPULATION' COUNTY POPULATION- 9) APPLICANT INFORMA TION: ORGANIZATION NAME: ADDRESS: CITY STATE ZIP TYPE OF APPLICANT: 0 NON-PROFIT ORGANIZA nON o GOVERNMENTAL AGENCY; NAME AND TITLE OF ORGANIZATION'S CHIEF OFFICER: APPLICANT'S FEDERAL EMPLO YER IDENTIFICATION NO: SAMAS NO,: (STATE AGENCIES ONL Y) ENDING DATE OF APPLICANT ORGANIZATIONS FISCAL YEAR: DESIGNATED PROJECT CONTACT: ADDRESS: CITY: STATF' ZIP' DA YTIME TELEPHONE NO: (_) EXT._ FAXNUMBER:.<---)_-_ EMAIL ADDRESS: ORGANIZATIONS WEB SITE ADDRESS: Florida Legislative and U. S. Congrcss Information Statc Housc Of Rcprcscntativcs District Numbcr And Namc Of Reprcsentativc For Projcct Location. DISTRICT NUMBER(S): _ REPRESENTATIVE Statc Senatc District Numbcr And Statc Scnator For Thc Project Location: DISTRICT NUMBER(S): - SENATOR: Congrcssional District Numbcr And Namc OfU.S, Congrcssional Rcprcscntativc For Thc Projcct Location DISTRlCT NUMBER(S):_ CONGRESSMAN: lilSTORICAI, RESOURCES GRANTS-IN-AID APPLICA'I10N PAGE 3 11) APPLICANT'S GRANT HISTORY: Has the applicant rcceivcd previous grant assistance from thc Departmcnt of Statc? If ycs, spccify thc ycar, thc projcct namc, thc Division that awardcd thc grant and thc amount of thc award. YEAR DIVISION PRo.mCT NAME AWARD 12) INDICATE EACH TYPE OF HISTORICAL DESIGNA nON CURRENTLY HELD BY THE PROJECT SITE: o Individual National Rcgistcr Listing Datc Listcd: o National Rcgistcr District - Contributing Sitc Datc of District Listing: o Dctcrmincd E1igiblc or Potcntially Eligiblc (per Florida Mastcr Sitc Filc) o Individual Local Dcsignation 0 Local District Dcsignation - Contributing Sitc 0 Nonc Of Thc Above 13) INDICATE THE LEVEL(S) OF LOCAL PROTECTION CURRENTLY AFFORDED THE SITE/AREA: o Local Ordinancc 0 Local Ordinancc Dcsign Rcvicw 0 Prcscrvation Or Conscrvation Eascmcnt o Protectivc Covcnant 0 Maintcnancc Agrccmcnt Othcr: (Specify) 14) Providc a bricf cxplanation of Immediate Threats to thc site or arca such as proposcd dcmolition, cxtcnsivc structural damagc, on-going sitc disturbancc for archacological sitcs, planncd re-zoning, ctc. 15) Dcscribe the Pro ject Activities completcd to datc: HISTORICAL RESOU!{CES GRANTS-!N-AID APPLICA'nON PAGE 4 16) Dcscribc thc ma jor elem ents of thc projcct and indicate thc en tities (i,e, Consultant, in-housc, voluntccrs) responsiblc f'Jr cach clcment. Includc in your dcscription thc cstimatcd amount of timc to accomplish cach task. (Note: Grants awarded from the Division Historical Resources Operating Trust Fund will have 12 months in which to complete the pro/ect, Grants awarded from an appropriation oIState General Revenue Funds will have 24 months). 17) What is thc anticipatcd annual Cost Of Maintenance ofthc Historic Propcrty, Archacological Site, or Muscum Exhibit upon complction of thc projcct; and what is thc sourcc of thc funding? 18) Providc a bricf dcscription of thc Educational Benefits this projcct will havc on thc local community and thc statc, 19) What is the estimated Annual Visitation"for the project site? HISTORICAL RESOURCES GRANTS-IN-AID APPLlCA'I10N PAGE 5 20) Providc a bricf cxplanation indicating thc direct impact of this projcct on minorities and the disabled. Includc any alterations to the sitc that will makc thc sitc morc acccssiblc to thc public. 21) Providc a bricf cxplanation ofthc Direct Economic Impact this projcct will havc on thc surronnding community. Includc any information rcgarding numbcr of jobs it will providc, if known. 22) SITE SIGNIFICANCE (FOR ALL ACQUISITION & DEVELOPMENT/SPECIAL CATEGORY PROJECTS or PROJECTS WHICH ARE SITE SPECIFIC): a) For Historic Structurcs and Archacological Sitcs, Entcr the Florida Mastcr Sitc Filc Numbcr: (Attach copy of the Site File Form as Attachment G) b) For Historic Strueturcs, Datc ofthc Original Construction: c) For Historic Structures, Datc(s) and Dcscription of Major Alterations: d) Original Usc of Historic Structurc: c) Currcnt Usc of Historic Structurc: t) Proposcd Usc of Historic Structurc: g) For Archacological Sitcs, Provide thc Cultural Affiliation of thc Sitc and Datcs of Usc or Occupation: h) Provide a statement of significance for the property/site: HISTORICAL RESOIJRCES GRANTS-IN-AID APPLlCA'l10N PAGE 6 23) Acquisition of Historic Pnmerties Full Purchasc Pricc of thc Historic Propcrty: Appraiscd Valuc of thc Propcrty: The maximum grant share for Historic Property Acquisition project shall not exceed 50% of the value of the property as determined by the appraisal; the average of two appraisals, if two were obtained; or the average of the closest two appraisals, if more than two were obtained; or 50% of the purchase amount, whichever is less. Please refer to the Application Instructions for additional documents required for an acquisition pro,ject to be included as Attachment H 24) SURVEY & PLANNING GRANTS: For Surveys, indicatc thc typcs of historical rcsourccs to bc slUvcycd, a) Providc thc titlc and publication datc of any prcvious survcys in thc survcy projcct arca. b) Providc an Estimate of How Many Florida Mastcr Sitc Filc Fonns will bc produccd: Newly Recorded Sites: Florida Master Site File Updates' (Note: Surveys that record or update more than 35 site locations must produce paper Florida Master Site File forms and also submit the site tile data in the electronic data entry program SmartForm provided by the Florida Master Site File.) c) Enter the Acreage of the area to be surveyed: d) For National Register Nominations, indicatc thc numbcr of anticipatcd: Individual Nominations: District Nominations: c) Will a multiple property cover nomination be produced? 0 Yes 0 No 25) FOR ALl, COMMUNITY EDUCA nON PROJECTS: a.) For Audio-Visual Productions, Books, Pamphlets, Walking Tour Brochures, ctc., Explain how the product will bc Marketed and/or Distributed: b.) How many minutcs/pagcs is thc product? c) How many copics ofthc product will bc produccd? HISTORICAL RESOURCES GRANTS-IN-AID APPLICATION PAGE 7 d) Ifthc printcd/mcdia matcrials arc proposed for distribution, will therc bc a pcr itcm charge? 0 Ycs 0 No. If Ycs, providc thc cstimatcd charge. c) For Educational Materials, is thc local school systcm activcly involvcd in your projcct? 0 Ycs 0 No. If Yes, describe thcir participation to datc and anticipatcd participation in this projcct. t) Do you intcnd to intcgratc your projcct into thc Florida Hcritagc Education Program? 0 Ycs 0 No. g) HISTORIC MARKERS For Historic Markers, include Form No. HR3El71294 from the Bureau of Historic Preservation as Attachment I. 26) FOR ALL MUSEUM EXHIBITS PROJECTS (Special Cate1.wrv Museum Proiects): a.) In thc space bclow, dcscribc thc Florida History muscum cxhibit for which funding is rcqucstcd. b) Providc an cstimatcd of thc squarc footagc of thc muscum cxhibit being proposcd: 27) Justification of Historical Thcmc: Explain why this exhibit is important to Florida History HISTORICAL RESOURCES GRANTS-IN-AID APPLlCA'I10N PAGE 8 28) Dctailcd Dcscription of exhibit work: Dcscribc cach of thc following major clcments of thc cxhibit in sufJicicnt detail to dcmonstratc how thc cxhibit will bc implcmentcd and what methods will bc uscd to achicvc your goals. Includc rcscarch, artifact sclcction, tcxUscript, dcsign, fabrication, installation, cducational programming, promotion and maintcnancc. Attach complctcd museum cxhibition dcsigns with appropriatc sketchcs as Attachment J. HISTORICAL RESOURCES GRANTS-IN-AID APPLICATION PAGE 9 29) PROJECT BUDGET BUDGET ITEMS GRANT MA TCHING FUNDS or SUB-TOTAL FUNDS LOCAL COST SHARE $ $ $ 0.00 $ $ $ 0.00 $ $ $ 0.00 $ $ $ 0.00 $ $ $ 0.00 $ $ $ 0.00 $ $ $ 000 $ $ $ 000 $ $ $ 0.00 $ $ $ 0,00 $ $ $ 0.00 $ $ $ 0.00 $ $ $ 0.00 $ $ $ 0,00 $ $ $ 0.00 $ $ $ 0.00 $ $ $ 000 $ $ $ 0.00 $ $ $ 0.00 $ $ $ 000 $ $ $ 0.00 $ $ $ 0.00 TOTALS $ 0.00 $ 0.00 $ 0.00 ----- HISTORICAL RESOURCES GRANTS-IN-AID APPLICATION PAGE ]() 30) Matching and Local Cost Share Funds: List the sources and amounts of confinned matching funds. (For items involving personnel, indicate the number of hours to be spent on project activities with their per/hour value and the project activities to be performed.) For matching grant projects, funds must not be expended before execution of a Grant Award Agreement. For Special Category grant projects, clearly indicate 1) the resources contributed to the project during the preceding five (5) year period and 2) the resources available for the project during the period for which funding is requested. HISTORICAL RESOURCES GRANTS-IN-AID APPLICA110N PAGE It CERTIFICATIONS 31) Applicant certification: This certification must be signed by the duly authorized representative of the applicant organization or agency before the application will be considered for funding assistance. I certify that the information contained in this application is tTue and correct to the best of my knowledge, and that 1 am the duly authorized representative of the applicant. Namc (typc or print) Agcncy or organization Signaturc 32) Owner concurrence: If the applicant does not own the property, the owner of record must sign the following statement indicating concurrence with the proposed project and this application for grant assistance. I, thc undcrsigncd, am thc owncr of thc propcrty idcntificd under itcm 8) Project Information on Pagc Two of this application and hcrcby acknowlcdgc my support for and full concurrcncc with this application. Namc (print or Signaturc Datc Addrcss City Statc Zip Daytimc tclcphonc FAX Numbcr 33) Agreement to Execute Restrictiye Covenant (SPECIAL CATEGORY & ACQUISITION PROJECTS ONLY): For projects involving historic properties and those inyolving archaeological sites which will be maintained subsequent to the completion of the project, the owner, long-term lessee or other responsible party must sign the following statement indicating agreement to execute a 10 year restrictive covenant to run with the property deed, should a grant award be made, I, thc undcrsigncd, am thc duly authorizcd rcprcscntativc of thc _ owncr, _long-tcrm lesscc, or _ othcr organization or agency having rcsponsibility for maintcnancc of the propcrty idcntificd undcr itcm 8) Project Information on Pagc Two of this application subscqucnt to complction of thc project for which funding is requcstcd. I hcrcby indicatc agrccmcnt to cxccutc a rcstrictivc covcnant through which thc organization or agcncy I rcprcscnt will commit to maintcmmce of thc rcfcrcnccd propcrty in accordancc with good prcscrvation practicc and the applicable standards and guidclincs of thc Sccrctary of the Intcrior for a pcriod of tcn ycars. I furthcr agrec that thc organization or agcncy will not makc any modifications to thc propcrty (othcr than routinc rcpairs and maintcnancc) without rcvicw of thc plans and spccifications by thc Burcau of Historic Prcscrvation and that evcry effort will bc made to dcsign any modifications in a manncr consistcnt with thc applicablc standards and guidelincs of thc Sccrctary of the Interior. Name (print or typc) Titlc Signature Addrcss City Statc Daytimc tclcphonc FAX Numbcr HISTORICAL RESOURCES GRANTS-IN-AID APPLICATION PAGE 12 ATTACHMENT CHECKLIST 34) The following supporting documents are attached to this application: D Attachment A: Civil Rights Assurance of Compliance fonn . D Attachment B: Documentation of Confirmed Match or Local Cost Share Attachment C: Letters of Support, Endorsement, or Resolutions. D Attachment D: Photographs describing the existing condition of the property or site. D Attachment E: A photograph showing the principal view of the subject property or an image that conveys the purpose of the project It will be shown in the public meeting when the Grant Review Panel or Florida Historical Commission reviews your project May be submitted in an electronic format D Attachment F: If completed, architectural project schematics or construction documents (ONE SET ONLY) (ACQUISITION AND DEVELOPMENT and SPECIAL CATEGORY PROJECTS). D Attachment G: Copy of Florida Master Site File Form. D Attachment H: For Acquisition projects only: A complete summary appraisal prepared by a Florida State Certified General Real Estate Appraiser (two appraisals are required if the value of the first appraisal exceeds $500,000), an ownership and encllinbrance search, an executed option or purchase a!:,Jfeement, property survey, and (if applicable) a copy of a professional archaeological survey if the property is being proposed for purchase as a significant archaeological site. D Attachment I: For historic marker projects only: Florida Historic Marker Application Form No. HRJEl71294 and verification of review and approval by the Florida Marker Council D Attachment J: If completed, museum exhibition designs with appropriate sketches (MUSEUM EXHIBIT PROJECTS ONLY). D Attachment K: For non-profit organizations only: documentation of non-profit status. D Attachment L: Optional Attachments HISTORICAL RESOURCES GRANTS-IN-AID APPLICATION PAGE 13 ATTACHMENT A U.s. DEPARTMENT OF THE INTERlOR NATIONAL PARK SERVICE CIVIL RIGHTS ASSURANCE OF COMPLIANCE callcd "Applicant-Rccipicnt") hcrcby agrecs that it will comply with Title VI of thc Civil Rights Act of 1964 (P.L. 88-352) and all rcquircmcnts imposcd by or pursuant to thc Dcpartmcnt ofthc Intcrior Rcgulations (43 CFR 17) issucd pursuant to that titlc, to thc cnd that, in accordancc with Titlc VI of thc Act and thc Rcgulations, no pcrson in thc Unitcd Statcs shall, on thc grounds of racc, color, or national origin be cxcludcd from participation in, bc dcnicd thc bencfits of, or bc otherwisc subjcctcd to discrimination undcr any program or activity for which thc Applicant-Rccipicnt reccivcs financial assistancc from thc Florida Dcpartmcnt of Statc and hcrcby givcs assurancc that it will immcdiatcly takc any mcasurcs to effcctuatc this agrccmcnt. Thc Applicant-Rccipicnt also agrccs to comply with Scction 504 ofthc Rchabilitation Act of 1973 and thc Agc Discrimination Act of 1975 and all rcquircmcnts imposcd by or pursuant to thc Dcpartmcnt of thc Intcrior Rcgulations (43 CFR 17) issucd pursuant to thcse titlcs, to thc cnd that, no pcrson in thc Unitcd Statcs shall, on thc grounds of disability or age bc cxcludcd from participation in, bc dcnicd thc bcnefits of, or bc othcrwisc subjcctcd to discrimination undcr any program or activity for which thc Applicant-Rccipicnt rcccivcs financial assistancc from the National Park Scrvicc and hercby givcs assurancc that it will immcdiatcly takc any mcasurcs to cffcctuatc this agrccmcnt. If any rcal propcrty or structurc thcrcon is provided or improvcd with thc aid of Fcdcral financial assistancc cxtcndcd to thc Applicant-Rccipicnt by the Florida Dcpartmcnt of Statc, this assurancc obligatcs thc Applicant-Rccipicnt, or in the case of any transfcr of such propcrty, any transfcrcc for thc pcriod during which thc rcal property or structurc is uscd for a purposc involving thc provision of similar scrviccs or bcncfits. If any pcrsonal propcrty is so providcd, this assurancc obligatcs the Applicant-Rccipient for thc pcriod during which it rctains owncrship or posscssion of thc property. In all othcr cases, this assurancc obligatcs thc Applicant-Rccipicnt for the pcriod during which thc Fcdcral financial assistancc is cxtcndcd to it by thc Florida Dcpartment of Statc. This assurancc is givcn in considcration of and for thc purposc of obtaining any and all Fcdcral grants, loans, contracts, propcrty discounts or othcr Fcdcral financial assistancc cxtcndcd aftcr thc date hcrcof to thc Applicant-Rccipicnt by thc burcau or officc, including installmcnt paymcnts aftcr such datc on account of arrangcmcnts for Fedcral financial assistancc which wcrc approvcd bcforc such datc. The Applicant-Rccipient recognizcs and agrccs that such Fcdcral financial assistancc will be cxtcndcd in rcliancc on thc rcprescntations and agrccmcnts madc in this assurancc, and that thc Unitcd Statcs shall rcscrve thc right to scek judicial cnforccmcnt of this assurancc. This assurancc is binding on thc Applicant- Rccipicnt, its succcssors, transfcrccs, and assignccs, and thc pcrson or pcrsons whosc signaturc appcar bclow are authorizcd to sign this assurance on bchalf of thc Applicant-Rccipicnt. Datcd Applicant-Rccipicnt (Prcsidcnt, Chairman of Board or Comparablc authorizcd Official) APPLICANT-RECIPIENT'S MAIIJNG ADDREiSS BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: November 15. 2006 Division: BudGet and Finance Bulk Item: Yes l8J No D Department: Grants Staff Contact Person: David P. Owens AGENDA ITEM WORDING: Approval to request that $42,428.60 in Florida Healthy Kids excess local match funds from the 2005-2006 state fiscal year be refunded to Monroe County, and authorization for the County Administrator to complete and siGn the document, "Refund AcknowledGement and Response Options," indicatinG our request for refund. . 11/ ~ ~d ITEM BACKGROUND: Monroe County provided $46,440.12 in local match for the Florida Healthy Kids proGram in the State Fiscal Year 2005-2006. Florida Healthy Kids has notified the County that $42,428.60 of this is excess, based on their actual expenditures, local credit, and match calculation. The County has the option of a refund, or applyinG all or a portion toward coveraqe for non-Title XXI enrollees for SFY 2006-2007. RequestinG a refund will not reduce the number of non-Title XXI enrollees (these are primarily children of immiGrant workers who have not been here five years ). Some information about Title XXI of the Social Security Act is attached, alonG with a fQQY..of the letter from the state, explaininG the match calculation and the available options. PREVIOUS RELEVANT BOCC ACTION: Approval of~ contract. CONTRACT/AGREEMENT CHANGES: n/a STAFF RECOMMENDATION: approval TOTAL COST: 0.00 COST TO COUNTY: 0.00 BUDGETED: Yes [gJ No 0 SOURCE OF FUNDS: n/a REVENUE PRODUCING: Yes D No [gJ AMOUNT PER MONTH _./ n~ ~o~ APPROVED BY: COUNTY ATTY ~ OMB/PURC~AtING DOCUMENTATION: INCLUDED: ~ NOT REQUIRED: ISK MANAGEMENT DISPOSITION: AGENDA ITEM #: and KidCare Office Box 980 Florida 32302 850.224.KIDS(5437) 850.224.0615(FAX) October 18,2006 Mr. David P. Owens Grants Administrator Monroe County Board of County Commissioners 1100 Simonton Street Room 2-210 Key West, Florida 33040 RE: 2005-2006 Fiscal Year Local Match Refund Dear Mr. Owens: On June 13,2006, the Florida Healthy Kids Corporation (FHKC) sent correspondence regarding a potential refund of unspent local funds from the 2005-06 state fiscal year and the estimated amount of that refund. Final refund amounts have since been calculated based on the amount of funds paid by Monroe County for the 2005-06 fiscal year, the "local match credit" awarded and actual expenditures for your county's non-Title XXI enrollment for this time period. Your county's calculation is as follows: Item Amount Total FHKC Cost for Monroe County: $29,011.40 Less Local Match Credit Amount: $25,000.00 Net Assistance Amount: $4,011.40 Total Funds Received from County: $46,440.12 Excess Amount Paid /Refund Total: $42,428.60 This excess amount may be refunded to County as the contributing entity or retained, in whole or in part, at FHKC to be applied towards the county's local funds obligation for the current fiscal year. As a reminder, the estimated amount of local funds necessary for Monroe County for the 2006-07 fiscal year is $0. Please let us know how you would like to proceed regarding this refund by responding to the questions listed at the bottom of this letter and returning the letter back to my attention. Should you have any questions, please feel free to contact me at (850) 701-6108. Sincerely, ~ x, ? '. P" ~,f' gt/L ,,{'l.-eVe . /L~./ /C>',,---- / f/ /;/ ( Jennifer Kiser Lloyd Director of External Affairs cc: Mark Szurek, Rural Health Network of Monroe County KidCare Post Office Box 980 Tallahassee, Florida 32302 850.224. KIDS(5437) 850.224,0615(FAX) REFUND ACKNOWLEDGEMENT AND RESPONSE OPTIONS (Check appropriate box) o Remit the entire refund amount of $42,428.60 to Monroe County Government. o Retain the entire refund amount of $42,428.60 at FHKC in order to maintain comprehensi ve health insurance coverage for non-Title XXI eligible enrollees in Monroe County during the 2006-2007 state fiscal year. o Retain $ at FHKC in order to maintain comprehensive health insurance coverage for non-Title XXI eligible enrollees in Monroe County during the 2006-2007 state fiscal year and refund $ to Monroe County Government. Authorized Signature from Local Funds Contributing Entity Date of Signature Thomas J. Willi, County Administrator Name and Title of Authorized Signature Witness #1 Signature Date of Signature Witness #1 Printed Name Date of Signature MONROE COUNTY ATTORNEY o FLORIDA HEALTHY KIDS CORPORA nON LOCAL FUNDS POLICY STATEMENTS - A SUMMARY Adopted by the Board of Directors: June 5,2002 Revised by the Board of Directors - August 8, 2002 Revised by the Board of Directors June 1, 2006 I CALCULA TION OF THE LOCAL SHARE The annual amount ofIocal funds to be collected by the FHKC for non-Title XXI enrollment will be determined based on available appropriations and any limitations or guidelines established by the Legislature through the General Appropriations Act or other substantive legislation. Any local share shall be based upon the proj ected enrollment expenditures including medical, dental and administrati ve costs of a county' s non-Title XXI enrollment on an annualized basis less any family contributions. ALLOCA TION OF CREDITS TOWARDS LOCAL FUNDS FHKC may award "credits" to counties that may reduce the local funds assessment. Subject to available funds, FHKC may establish local match credits on a county by county basis. These credits may be used to off-set a county's local share calculation. Credits are non-refundable and cannot be used to expand a county's non- Title XXI enrollment. The allocation of the credits will be structured through three tiers using child population figures reflecting small, medium and large counties. Example: County Size Small County: child population 10,000 or less Medium County: child population 10,001 to 50,000 Large County: child population 50,001 and up Credit Amount $10,000 $25,000 $36,000 SUPPLEMENTAL CREDIT ALLOCATION By January 30th of each year, FHKC shall evaluate the availability of any uncommitted funds in order to determine whether or not a supplemental credit allocation may be awarded. Any supplemental credit awarded shall be based on actual enrollment as of January 1 st. I ,ast Adopted: June 1,2006 Page] of 3 Local funds must be secured through FHKC's standard Financial Contract or similar legal document executed by the responsible local funds provider in each county or through the quarterly advancement of the required annual local funds amOlmt. Financial Contracts must be executed within the first quarter of FHKC' s fiscal year in order to continue the coverage of the county's non-Title XXI eligible enrollees. Exceptions to this policy may be granted if the contributing entity provides written assurance confirming the availability of the funds and provides a time certain in which the Contract will be executed or the funds forwarded to FHKC. If quarterly advancements are used, the funding entity must pre-pay each quarter at the start of each quarter beginning with July 1. Financial Contracts or quarterly payments must be secured for the estimated, annualized costs of coverage for the county. Contributing entities will be billed monthly for actual costs only. Actual costs include the total medical and dental premiums and administrative fees paid less any family contributions on enrollment above a county's credit allocation. "'.-....-...-----..-....."":......"._"..."#, o~"....~,,___'_^~W_._.N'..~~~""'..~~__=__.._~_____....__~_._~.~,_~"'__--~.._----_.~_.__...----'~--,..~._,.. REFUND POLICY "- " \, ", \, To calculate the amount that is to be refunded to contributing entities that participated during the 2005-06 Fiscal Year after the application of the credit, the corporation will subtract the Total Medical, Dental and Administrative Assistance each county received based on actual enrollment, from the actual Amount Paid. Any overpayment will be refunded by September 30,2006. For counties with multiple contributing entities, the amount of any refund will be distributed on a prorated basis among the contributing entities reflecting the percentage of contribution each entity paid. \ \ \ \ \ \ \ .! / / / / /""" // /' --- _.~--".,"""'''',..,-''---'''---~- Contributing entities may voluntarily elect to apply any refunds from the 2005-06 ----.0scal year to any 2006-07 fiscal year requirement. ----------~,- -"""""'~~-~="'-~..~ DISENROLLMENT CRITERIA FOR NON-PAYMENT OF LOCAL FUNDS Non-Payment of Local Funds - Entire Amount In counties electing not to provide the local funds required to continue coverage for the entirety of their non-Title XXI enrollment, the enrollees in this category will be given a minimum of a 60 day written notice that their coverage will be tem1inated, Last Adopted June I, 2006 Page 2 of 3 Non-Payment of Local Funds- Partial Amount Should a county provide only a portion of the required amount, the Board of Directors may elect any of the following options, taking into account the unique circumstances of each situation: · Determine that partial payment is equal to non-payment and follow the policy for non-payment. · Determine the level of enrollment that could be supported by the committed funds and reduce enrollment utilizing the method or methods that would best accomplish the desired enrollment goal: o Attrition: Disallow re-enrollment of any cancelled partici pants; o Disenroll those who have been enrolled for the shortest period of time; o Disenroll those who have been enrolled for the longest period of time; o Provide coverage for all enrollees for a partial year in accordance with the proportion of the amount paid. GRIEVANCE POLICY: LOCAL FUNDS CALCULATIONS If a county disputes their local funds calculation, the county may file a request for review with the Finance Subcommittee of the Florida Healthy Kids Corporation's Board of Directors. If the county is dissatisfied with the Finance Subcommittee's determination, an appeal may be filed with the Board of Directors. LOCAL FUNDS FOR THE ENROLLMENT OF ADDITIONAL NON-TITLE XXI ENROLLMENT A county may elect to expand their non-Title XXI enrollment through the provision of 100% of the annualized costs of coverage for each additional enrollee. LOCAL MATCH FOR THE ENROLLMENT OF ADDITIONAL TITLE XXI ENROLLMENT A county may provide local match at their option to enroll additional Title XXI eligible enrollees once state funds for enrollment have been exhausted so long as the county provides funds that meet federal Title XXI guidelines, additional federal matching funds are also available and the county has provided these funds on an annualized basis. Last Adopted June 1, 2006 Page 3 of 3 Florida CHIP Plan Page I of2 National Association of State Medicaid Directors * Amended State: Florida Date Submitted: State Plan: December 4, 1997 Amendment 1: July 17, 1998 Amendment 2: December 2, 1998 Amendment 3: December 27,1999 Date Approvedl Disapproved: State Plan: March 6, 1998 Amendment 1: Approved September 8, 1998 Amendment 2: Disapproved November 5, 1999 Amendment 3: Approved March 31,2000 Proposed Start Date: State Plan: January 1 , 1998 Amendment 3: October 1, 1999 Type: Combination Medicaid Expansion and Expansion of Healthy Kids Program Administering Agency: Florida Healthy Kids Corporation - Title XXI Agency for Health Care Administration (single state agency for Medicaid) Summary: Under Title XXI, the state is expanding the Healthy Kids program to additional counties in the State for children up to 185 percent of the FPL. Florida Healthy Kids Corporation (FHKC) provides private sector health care coverage to uninsured children in 24 counties using school districts as large risk pools. In addition, Florida extends Medicaid coverage to children ages 15 to 19 with family incomes up to 100% of the federal poverty level ("Waxman Children"). Eligibility Ceiling: Healthy Kids: Ages 5 to 19; up to 185 percent of FPL; children must be uninsured at the time of enrollment; reside in the school district and be enrolled in school. Local sites have the option of extending coverage to younger children enrolled in pre- school or with a school-age sibling.* Medicaid: Children ages 5 to 19 with family incomes up to 100% of FPL. Duration of Eligibility: Healthy Kids: None Providers: FHKC selects a commercially licensed health plan for each site through a competitive bid process. For services not provided by the health plans, FHKC has a contract with Shand's Teaching Hospital, a University of Florida affiliate. The hospital will accept Medicaid reimbursement rates for any enrollee who needs specialty treatment. Cost Sharing: There is no cost sharing in the Medicaid expansion. Healthy Kids: Premiums are subsidized for participants at or below 185% of FPL. Families who are eligible for the Food Stamps program along with some children who participate in the National School Lunch Program will receive a subsidy for the Healthy Kids program.* $3.00 co-pays for selected outpatient services, mental health treatments, home health services, and prescriptions. http://www.nasmd.org/chip/Florida.htm 10/25/2006 Florida CHIP Plan Benefits: Crowd Out: Quality: Special Notes: *Amendments: http://www.nasmcl.org/chip/Florida.htm Page 2 of2 Healthy Kids: Existing Comprehensive State-Based Coverage (Section 2103(a)(3)) approved under Title XXI. * Medicaid: Standard Medicaid benefits package.* Healthy Kids requires that children must be uninsured at the time of application. Applicants are first screened for Medicaid eligibility. FHKC plans to review all children currently enrolled for potential Medicaid eligibility upon approval of the Title XXI state plan. Recent studies have revealed that over 90% of participating children were uninsured in excess of 12 months prior to enrolling in Healthy Kids. Health plan provider standards- health plans must be licensed; Physician credentialing standards; Preventative care standards; Data analysis and reporting; Medical quality review - FKHC contracts with an independent auditor to evaluate and monitor the quality of care provided by the health plans. Each plan must designate an individual to be responsible for quality management activities. The existing benefits packages offered by the state child health programs in New York, Florida, and Pennsylvania have been approved for Title XXI in Section 2103(a) (3). 1. On July 17, 1998, the state had an amendment approved that includes the following: · Extending the Healthy Kids programs statewide with modifications to meet the Title XXI requirements. Title XXI subsidies will be provided for children in families with incomes up to 200% of FPL. . Creation of the MediKids program for children up to age 5 in families with incomes below 200% of FPL. · Coverage for children under age 18 with special health care needs in families with incomes below 200% of FPL through the Children's Medical Services Network (CMS). Children in CMS can have a specialist as their primary care provider. 3. On December 27, 1999 Florida submitted an amendment which implemented a pilot dental program for two counties, Palm Beach and Dade, on October 1, 1999. · These two counties have an additional minimum dental benefit package for Florida Health Kids enrollees in those counties that is at least the minimum and as much as the full Medicaid Benefit. . 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BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: November 15,2006 Division: Budget & Finance Bulk Item: Yes ~ No Department: OMB Department Contact: Tina Boan AGENDA ITEM WORDING: Approval of a General Fund Transfer for the sheriff: to transfer funds for FY 06 between functional distributions in accordance with F.S. chapter 30.49 (2) (a). ITEM BACKGROUND: N/A PREVIOUS RELEVANT BOCC ACTION: Sheriff's Approved FY 06 Budget. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval TOTAL COST: COST TO COUNTY: N/A N/A BUDGETED: Yes SOURCE OF FUNDS: No N/A REVENUE PRODUCING: Yes No ~;'>UNT PER MONTH Year ~~~/purchaSing L Risk Management N/ A APPROVED BY: County Atty N/A DIVISION DIRECTOR APPROVAL: S~'R, ~ Salvatore R. Zappulla DOCUMENTATION: lncluded To Follow_Not Required DISPOSITION: Revised 1/03 AGENDA ITEM SUBSJ'ATIONS Frccm:w:)ubst;Hion 20950 Overseas Ilwy, Cudjoe Key. FL 33042 (305) 745,31 84 FAX (305) 745-3761 Marathon Suh~Latjon 3103 Over!\ea~ Ilwy. Marathon, rL 33050 (305) 289,2430 FAX (05) 289249'/ Islamor<ida Substation 87000 Over~ea,.. !-lwy. 1,I,mor.,da. FL 33036 (305) 853.702) FAX (305) 853.9372 Roth Buildilig 50 High Poinl Road Tavernier, ~'L ,13070 (305) S53,J211 FAX (05) 853,3205 DETENTION CENTERS Kc.y West l1t:,t. Cenle! ~~Ot C.()lh~g(~ Rn~d Key W""t, FL. 33040 (305) 293.7300 FAX (305) 793.7353 M:muhon Det. Facility 3981 O<:c~m Tcrmce Marachon, Fl. 33050 (305) 289,2420 FAX (305) 289,2424 PlaJ1[3.tion DeL Fadlity 53 High Point Road Plantation Key. FL 33070 (305) 853.3266 fAX (305) 8533270 SI'F;~JA!'91')~:&~T10~ P.O, Box 500975 Marathon, FL 33050 (305) 289,2410 FAX (305) 2R9.249S AVIATION IlIVISiON 10100 Overse.s Hwy. Marathon. FL J](J50 0(5) 289,2'1'/7 FAX (305) 289,2776 COMMUNICATIO:'>iS 27tJ/) Ovcrwas Hwy. Marathon. FL 33050 (05) 289-2351 fAX (305) 189.2493 :Monroe County SfierijfJs Office r.l\fchan{ 'D. :Rpth/ Sheriff IJ.'iZ'i College 1ipad 'l(e!f WesVrtOrMa 33040 r-':;OS)292-7000 :JYlX: (30S) 292-1010 1-8()(J..273-COPS IVlVlll'/(0sso.net October 31, 2006 MONROE COUNTY SHERIFF'S OFFICE BUDGET CERTIFICATE FISCAL YEAR 2005-2006 As required by Chapter 30.49(2)(a), I certify that the proposed budget expenditures were reasonable and necessary for the proper and efficient operations of the Sheriffs Office of Monroe County, F rOrida, for the fis('.al year beginning October 1, 2005. and ending September 30, 2006. Whereas, it is necessary for lhe Sheriff of Monroe County, Florida, to make budgeted transfers in the Sheriffs Budget for the FYE 09-30-06, therefore be it resolved by the Board of County Commissioners of Monree County. Florida, thallhere shall be transfers of amounts previously set up in the Sheriffs budget for tile Fiscal Year Ending 09.30.06 as, Ilerelnatter set forth to and from the following functional distributions' Original Transfers Final LAW ENFORCEMENT ,10 Personal Services $ 20,289,164 $ (1 ,581 ,084) $ 18,708,080 .30 Operating Expenses 3,443,130 586,459 $ 4,029,589 ,60 Capital Outlay 4,508,371 (22,118) $ 4,486,253 90 Contingency 447,091 $ 447,091 TOTAL $ 28,240,665 $ (569,652) $ 27,671,013 CORRECTIONS .10 Personal Services $ 10,778,733 $ 194,404 $ 10,973,137 .30 Operating Expenses 5,640,962 378,691 6,019,653 60 Capital Outlay 104,716 104,716 ,90 Contingency TOTAL $ 16,524,411 $ 573,095 $ 17,097,506 ~ (r~~\ ~..JitT/ .1.'1;-.:,:.::.- " , ~~~~I ^""""""""""""""" Page 2 - BUDGET CERTIFICATE FISCAL YEAR 2005-2006 COURT SECURITY Original Transfers Final .10 Personal Services $ 1,222,613 $ (4,956) $ 1,217,657 .30 Operating Expenses 26,303 266 26,569 ,60 Capital Outlay 1,248 1,248 .90 Contingency TOTAL $ 1,248,916 $ (3,442) $ 1,245.474 PUBliC SAFETY .10 Personal Services $ 32,290,510 $(1,391.637) $ 30,898,873 .30 Operating Expenses 9,110,395 $ 965.416 10,075,811 .60 Capital Outlay 4,613,087 $ (20,870) 4,592,217 .90 Contingency $ 447,091 447,091 TOTAL $ 46,013,992 $ 0 $ 46,013,992 4- F:IAmyIBsheetJSept-06IBOCC - FYE 09-30-06 Final Budget ResolutionlGeneral Fund Page 1 of 1 MONROE COUNTY SHERIFF'S OFFICE 1= ,..+----- FINAL BUDGET AMENDMENTS -+----..--- For the Year Ended September 30, 2006 I- I ..,.. 'u.. n"U'_,_ ..'...._- -''''~-~'-_.~",-""",~,- t- LaW~nfOrc9m9nt Court Security Corrections TOTALS ----------. ~llv9nu9s: I Investment Income 303.629.94 --- of Fixed Assets 8,370.00 I - - o ~.,n nn 116.399.45 - - 116,399.45 Transfers - - - '--Total Revenues 428,399.39 I - 428,399.39 I I ~_.._.,' , , . . , E,xpen..<i..i!lJres: 18,7'O!'~8~n 1 ,217~657.06 Personnel 10,973,136,50 I 30,898,198,89 " Operating 4,02_9'~~~1n_ 26,568.21 6,019,652.92 10,075,809,30 2~?ital ' 4,031,79657, 1,247.46 56,007.58 4.089,051,61 447,090.041 __ n_____________,_,_..,"'''' Transfers - I - 447,09004 -.------.- _...._._...u._. 27,215,88011 Total Expenditures 1.245.472_73 17,048,797,00 45.510,149,84 I Excess over revenues (26,787,480.72) (1,245,472.73) (17,048,797.00) I (45,081,750.45) I -.. -.. Law Enforcement Actual Budget Variance ...-~ 20,289,164.00 I 1,581,758.67 .._~-"- - Personnel 18,707,405,33 -----""------,~--- -,-- - Operating 4,029,588,17 3,443,129.96 (586.458.21 ) - Capital 4,031,796,57 4,508,371.00 476,574.43 ". ..,.... Transfers 447,090,04 - I (447,090.04) $ 27,215,880.11 $ 28,240,664.96 I $ 1,024,784.85 I __n'_ Co,!rfSec;uritv .. j,222.613.00 I --.'.-.... - Personnel 1,217,657,06 4.955.94 2~:~%i~~ 26,303,00 ! " _(2fl5.21) ~- ~<:>P(lr~lng - Capital ,.............~nt' (1,~~L~_6) -: T rinsrers - - I - I-----n , $ 1,245,472.73 $ 1,248,916.00 $ 3,443.27 .'"-- .- I ~_~_..~_w_.."._.______~ Corrections -, . Personnel .._._-~ -- 10,973,136.50 10,778,733.00 (194,403.50) 6,019,652,92 5,640,962.00 (378.690.92) .----- - Opera~l1C] - Capital .... - ., _~E3, ()()7. 58 'm 104,716.00 48,708,42 .-Transfers _._--_.-.._-'-_..~~--'--"~ . . --,,- $ 17,048,797.00 i $ 16,524,411.00 $ (524,386.00 -.....--. TOTALS: $ 4!l,!l10,149.84 $ 46.013,991.96 $ 503,842.12 -.'.. ------ -- I -.-,... REQUEST BOCC APPROVAL FOR THE FOLLOWING: .n ............... 1 Reduce Law Enforcement Personnel (1,581,758.00) -, -,-_.._~-- Incre,ase LawE,I1!orCl'!":'l'!l1t.SJ~~ting 586,45900 Redu~_~<l.w Enforcement Capital (21,~~.?~2+- . --..---- Increase Law Enforcement Transfers 447,091.00 ..---. _ . 1____,_____ R~lI(;e(;()urtSElcurity Person nel (1,51400) ---- Increase Court Security Operating 266.00 Increase Court Security Capital 1.248.00 f------- I - ~---,-,,-,-~,,~ .... Increase Correction's Personnel 191,404,00 .. increase Correction's Operating 378,691.00 I I i Page I of I Coughlin-Ernie From: Lisa Albury [Ialbury@keysso.net] Sent: Monday, October 30, 20069:20 AM To: Coughlin-Ernie Cc: Boan- Tina Subject: General Fund Transfer FY 2006 Attachments: FY 06 General Fund Transfer.pdf Emie, Attached is our annual General Fund Transfer for 2006 that needs to be taken to the November's saee meeting. I have attached a copy of the language that was provided in last year's minutes as well as the support for the FY 2006 transfer. Thanks, Lisa 10/30/2006 02/15/2006 2006/30 Transfer of Funds (OMB Schedule Item No 44). RESOLUTION NO. 078-2006 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No 45), RESOLUTION NO. 079-2006 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No, 46). RESOLUTION NO. 080-2006 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 47) RESOLUTION NO. 081-2006 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No, 48). RESOLUTION NO. 082-2006 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 49), RESOLUTION NO. 083-2006 Said Resolution is incorporated herein by reference. to Board granted approval of a General Fund Transfer for the Sheriff to Transfer Funds for FY 01 between functional distributions in accordance with F.S. Chapter 30.49(2)(a). Board granted approval of the Fiscal Year 2007 Budget Timetable. Said table is incorporated herein by reference. Board granted approval and authorized execution of a Program Generated Income Agreement, Project No 02-CJ-2H-l ]-54-01-128, between Monroe County and Florida Department of Law Enforcement for the Sunrise House Transitional Housing for Recovering Homeless Men II Program, provided by Florida Keys Outreach Coalition. Board granted approval and authorized execution of a Lease Agreement between Monroe County and Hillsborough Center Associates, LLC, for office space for the 16th Judicial Circuit's Drug Court Program, and rescission of approval given on December 21, 2005, of a predecessor lease TOURIST DEVELOPMENT COUNCIL Board granted approval to advertise a Request for Applications (RF A) for the FY 2007 Bricks and Mortar/Capital Projects Grant. BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Bulk Item: Yes X No Department: OMB Staff Contact Person: Salvatore R. Zappulla AGENDA ITEM WORDING: Approval to amend the Bond Resolution # 238B-2006 Adopted on June 21, 2006. This resolution authorized the County to issue the Monroe County, Florida Airport Variable Rate Revenue Bonds (Key West International Airport), Series 2006 (the "Series 2006 Bonds ') ITEM BACKGROUND: The Bond Resolution which was adopted on June 21, 2006 should be amended to more clearly reflect the transaction agreed to between the issuer (the County) and the Bank America. PREVIOUS RELEVANT BOCC ACTION: Bond Resolution originally adopted on June 21,2006 CONTRACT/AGREEMENT CHANGES: Amendment to the Bonds Resolntion STAFF RECOMMENDATIONS: APPRO VAL TOTAL COST: N/ A BUDGETED: Yes No COST TO COUNTY: -0- SOURCE OF FUNDS: N/A REVENUE PRODUCING: Year APPROVED BY: ITEM Revised 8/06 From: Salvatore R. Zappull {+' ,"'- ...'_"~''r--~ BOARD OF COUNTY COMMISSIONERS Mayor Charles "Sonny" McCoy, District 3 Mayor Pro Tern Dixie M. Spehar, District 1 George Neugent, District 2 Mario Di Gennaro, District 4 Glenn Patton, District 5 OKl!v~ErY ~o~~~~E (305) 294-4641 October 30, 2006 To: Thomas 1. Willi Subject: Airport Bond Resolution Amendment MEMORANDUM The purpose of this memorandum is to explain the need to amend the Airport Resolution # 238B which was adopted on June 21, 2006. This resolution among other things authorized the County to issue the Monroe County, Florida Airport Variable Rate Revenue Bonds (Key West International Airport), Series 2006 (the "Series 2006 Bonds"). Since construction of the Airport has been delayed, a question arose about the required early repayments of the Bond Principal with the Federal (A.I.P.) Airport Improvement Grants. The first year of the approximately $6.9 million of these Grants has been "awarded" to the County for the County's fiscal year ending September 30, 2006, in the amount of approximately $2.3 million. (See Airport Consultant's schedule II-4 on page C-12 of the Official Statement). The definition of the "2006 project grants" in the Bond resolution is the first $6.9 million of the federal grants the County receives as per section 4.10 of the Bond resolution. (See page 47 of the Bond Resolution). Additionally, the Letter of Credit agreement (page 15) provides "that the issuer at least once in each one year period ending on an October 1, commencing October 1, 2007, use all proceeds (subject to a remainder not to exceed $5,000) of 2006 Project Grants then held by the Issuer pursuant to Section 4.1 0 of the Resolution to redeem Series 2006 Bonds" In simpler terms, the amendment to the Bond Resolution is to more clearly reflect the business transaction agreed to between the Issuer, (the county), and the Bank. The clarification of the definition of the "2006 Project Grants" as per the amendment to the resolution affects that clarification, and changes the definition of the "2006 project grants" to mean that portion of the A.I.P. Entitlement Grants awarded to the Issuer after September 30, 2006. This amount is estimated to be an amount approximating $6.6 million for early repayment including the first $2.0 million of I.P. entitlement grants received during Page 2. Airport Bond Resolution Amendment the County's fiscal year ending September 30, 2009. (See paragraph III on page 15 of the Letter of Credit Agreement). Therefore, the A.I.P. Grant awarded, prior to September 30, 2006 of approximately $2.3 million, is specifically set aside for the construction fund rather than early repayment of principal. It is also important to note, that all of these grants are reimbursement grants, in an amount of 95% of actual expenditures and are not paid to the county until sufficient proof that the allowable expenditures made are submitted to the F .A.A. Therefore, the county must match the final 5% in order to recoup 100% of the funds expended. RESOLUTION RESOLUTION AMENDING IN CERTAIN RESPECTS RESOLUTION NO. 238B-2006 ADOPTED ON JUNE 21, 2006; AS PREVIOUSL Y AMENDED AND SUPPLEMENTED; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY MONROE COUNTY, COUNTY COMMISSIONERS OF SECTION L FINDINGS. It is hereby found and determined that: (A) On June 21, 2006, the Board of County Commissioners (the "Board") of Monroe County, Florida (the "Issuer") adopted Resolution No. 238B-2006 (as previously amended and supplemented, the "Bond Resolution"), which, among other things, authorized the issuance of the Monroe County, Florida Airport Variable Rate Revenue Bonds (Key West International Airport), Series 2006 (the "Series 2006 Bonds"). (B) Pursuant to the Bond Resolution, the Issuer issued the Series 2006 Bonds on July 19, 2006, in the aggregate principal amount of $30,455,000, the payment of which Series 2006 Bonds is secured, in part, by an irrevocable direct pay letter of credit issued by Bank of America, N.A. (the "Bank"). (C) The Issuer and the Bank have agreed that the Bond Resolution should be amended in certain respects to more clearly reflect the business transaction agreed to between the Issuer and the Bank and it is in the best interests of the Issuer to so amend the Bond Resolution. SECTION 2. DEFINITIONS. When used this Supplemental Resolution, the terms defined in the Bond Resolution shall have the meanings therein stated. SECTION 3. AUTHORITY FOR THIS SUPPLEMENTAL RESOLUTION. This Supplemental Resolution is adopted pursuant to the provisions of the Act and the Resolution. AMENDMENT BOND Grants" set forth Section 1.01 of the Bond Resolution is to as follows: "2006 shall mean Department of Transportation an amount estimated at $8,700,000, both of which to the acquisition and construction the 2006 Project. The foregoing amendment to the Bond Resolution shall not become effective until Issuer obtains the written consent to such amendment from the Bank. SECTION 5. GENERAL AUTHORITY. The members of the Board, the Clerk, the County Administrator and the officers, attorneys and other agents or employees of the Issuer are hereby authorized to do all acts and things required of them by this Supplemental Resolution or desirable or consistent with the requirements hereof for the full punctual and complete performance of all the terms, covenants and agreements contained herein and each member, employee, attorney and officer the Issuer or the Board, the Clerk, and the County Administrator is hereby authorized and directed to do and cause to be done any and all acts and things necessary or proper for carrying out the transactions contemplated hereunder. SECTION 6. SEVERABILITY AND INVALID PROVISIONS. If any one or more of the covenants, agreements or provisions herein contained shall be held contrary to any express provision of law or contrary to the policy of express law, though not expressly prohibited or against public policy, or shall for any reason whatsoever be held invalid, then such covenants, agreements or provisions shall be null and void and shall be deemed separable from the remaining covenants, agreements or provisions and shall in no way affect the validity of any of the other provisions hereof or of the Series 2006 Bonds. SECTION 7. RESOLUTION TO CONTINUE IN FORCE. Except as herein expressly provided, the Resolution and all terms and provisions thereof are and shan remain in fun force and effect. SECTION 8. EFFECTIVE DATE. This Supplemental Resolution shall become effective immediately upon its adoption. 2 (SEAL) ATTEST: at a regular 2006. the County on BOARD OF COUNTY COMMISSIONERS OF MONROE Mayor Deputy Clerk 3 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: : November 15,2006 Division: Budget & Finance Bulk Item: Y es ~ No Department: OMB Staff Contact Person: Tina Boan AGENDA ITEM WORDING: : Approval to amend The Adopted Fiscal Year 2007's Capital Plan funding allocations for One Cent Infrastructure Sales Tax (Fund 304) and Approval of a resolution for transfer of funds within said plan. ITEM BACKGROUND: Redistribution of appropriations more accurately to reflect current project status and anticipated current year actual expenditures. PREVIOUS RELEVANT BOCC ACTION: On 9/20/06, BOCC approved FY'07 Capital Plan. CONTRACT/AGREEMENT CHANGES: NONE STAFF RECOMMENDATIONS: APPROVAL TOTAL COST: N/ A BUDGETED: Yes X No COST TO COUNTY: -0- SOURCE OF FUNDS: N/A REVENUE PRODUCING: Yes *- APPROVED BY: County No X AMI ~rcha . T PER MONTH Year DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM Revised 8/06 OK~~[rY ~o~~~~E (305) 2944641 BOARD OF COUNTY COMMISSIONERS Mayor Charles "Sonny" McCoy, District 3 Mayor Pro Tem Dixie M. Spehar, District 1 George Neugent, District 2 Mario Di Gennaro, District 4 Glenn Patton, District 5 Suzanne A. Hutton, County Attorney** Robert B, Shillinger, Chief Assistant County Attorney ** Pedro J. Mercado, Assistant County Attorney Susan M. Grimsley. Assistant County Attorney ** Natileene W. Cassel, Assistant County Attorney Jerry D, Sanders, Assistant County Attorney Office of the County Attorney PO Box 1026 Key West, FL 33041-1026 (305) 292-3470 Phone (305) 292-3516 Fax ** Board Certified in City, Coun(y & Local Gov!. Law MEMORANDUM DATE: November 6, 2006 TO: Mayor and Commissioners FROM: Susan Grimsley, Assistant County Attorney through Suzanne A. Hutton, County RE: OMB Agenda Item F-33 - Amending the Fiscal Year Capital Plan funding allocations for the One Cent Infrastructure Sales Tax (Fund 3(4) and Approval of a Resolution f()f transfer of funds within said plan QUESTION: Whether the Fund 304 monies may be reallocated, and whether the infrastructure sales tax may be used for the purchase of sites for affordable housing where the properties will be leased back to a private developer and sold or rented by it to individuals. ANSWER: The funds may be reallocated, however only 10% of the fund may be used f(w purchases of property for use by a private developer as proposed. DiSCUSSION: OMB routed the above agenda item which redistributes monies within the 304 Fund in order to purchase propeliies f()r affordable housing. This office has approved the resolution to move the funds. Purchasing the properties in and of itself may allowed with infrastructure sales tax money for public facilities. However, before further action is taken, the expenditure of the funds as planned is not appropriate, because the final use is not for a "public facility". Florida Statute Sec. 21 (d) 2. defines infrastructure for the "public facility" a useful life of 5 or more, The Monroe County Code Section surtax as a 14 states that The funds.... be used within the unincorporated area municipalities for the f()llowing capital infrastructure projects m excess as improvements, jails police / vanous Using the above method of private development with or without private ownership of individual units for affordable housing, the housing is not a "public facility" as contemplated by the ordinance or statute. However, areas of critical state concern may us up to ten percent of the proceeds of the infrastructure sales tax f<Jr "any public purpose" if debt payments are current, the comprehensive plan is in compliance, and an ordinance authorizing such use has been passed (Ordinance 034- 1998). Monroe County fulfills these requirements. Assuming that the Board of County Commissioners deterrnines that the construction of affordable housing serves a public purpose, only ten percent (10%) of the fund may be used f()r land acquisition using the method of devclopment described above. Resolution No. - 2006 A RESOLUTION CONCERNING THE TRANSFER OF FUNDS WHEREAS, it is necessary for the Board of County Commissioners of Monroe County, Florida, to make budgeted transfers in the Monroe County Budget for the Fiscal Year 2007, therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that there shall be transfers of amounts previously set up in the Monroe County Budget for the Fiscal Year 2007 as, hereinafter set forth to and from the following accounts: Fund # 304 One Cent Infrastructure Sales Tax From: 304-5190-24000-560620 Capital Outlay Buildings Cost Center 24000 General Government For the Amount: $1,134,664.00 To: 304-5540-65002-560630 Capital Outlay Infrastructure Cost Center # 65002 Housing From: 304-5720-25000-560620 Capital Outlay Buildings Cost Center 25000 Culture & Recreation For the Amount: $4,893,000.00 To: 304-5540-65002-560630 Capital Outlay Infrastructure Cost Center # 65002 Housing From: 304-5290-26000-560620 Capital Outlay Buildings Cost Center 26000 Public Safety For the Amount: $1,117,724.00 To: 304-5540-65002-560630 Capital Outlay Infrastructure Cost Center # 65002 Housing BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon receipt of the above, is hereby authorized and directed to make the necessary changes of said items, as set forth above. FY '07 Amend Capital Plan Reso Page 1 of 2 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 15th day of November AD 2006. Mayor McCoy Mayor Pro Tem Spehar Commissioner Neugent Commissioner Di Gennaro Commissioner Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mayor/Chairman (Seal) Attest: DANNY L. KOLHAGE, Clerk MONROE COUNTY ATTORNEY APPROVED AS TO FY '07 Amend Capital Plan Reso Page 2 of 2 1 1 I~I~ - 0,(1)1 ~!.~~ r-itl:ilIll i "'01 ! ! ''''I ' ']I~I I~IU.! i I i 1'0-1 -1 :~!~ ~!COi l",!"""! ~EI D..! I "0 i ~io! i~i~i <(' :-0 ' '(1);- ~i~ :Eloi Cn1"""; iel~1 0.., i 1 . " ~ "'I CO I ~ ~I ,<( i , i I" I I~i~: 1~I~i !m:O le!~i iQ.. " .g!ro! CO ''''~, E, <(I '"OJ ! ~Ioj Elcill Elco It>>O I el~'. 10. i l"j 1 !~I~! 1~1~1 j<(i ' , . , ! " , to CUi Q;i ? -g!~ >- Q)i:;:li lL ~:Q)i ~:2!~ ~~-gl <jill' to: 8! ~I o N 23: .... a. _: 0 0, l", 'C"'co.J a..'Q.j -<( g'lI) 0: '- ... 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ZZ :>-<0f'1; 0 I IE-< E-< P.< 0"," OH a:l W (Y) 000 0 W Oriri HE-< 0rY. OOE-< E-< rY. rY. E-<Z OWa:l CD CD f'1;.... U8 W...:1 L() <1} ,-'I l'JlJ,llil WO E-<f'1;W 0 I I f'1; '31'-<:;S ...:1U rY. E', l'J Z "'""'" E-< C:lf'1;H WU 00f'1; 8 00 0 Ul 0 [-< Ulf'1; UlE-<P.< ''" (Y)(Y) E-< BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: November15. 2006 Division: Emergency Services Bulk Item: Yes ~ No Department: Fire Rescue Staff Contact Person: Camille Dubroff AGENDA ITEM WORDING: Approval of Extension and Amendment Number 1 to the Agreement with Professional Emergency Services, Inc. (Dr. Schwemmer) to provide medical direction to Fire and Emergency Medical Services extending the term through September 30, 2007, amending Section 2 clarifying the type of ambulance covered, defining and identifying service segments and rate of compensation, changing the effective date of the payment increases to coincide with the beginning of the Fiscal Year, clarifying rules on vehicle usage, and adding Section 15 to incorporate medical director coverage for an added service, Air Ambulance. ITEM BACKGROUND: The Monroe County Sheriffs Office (MCSO) presented a plan to Monroe County Board of County Commissioners (BOCC) for a joint venture to implement an air ambulance operation in Monroe County. MCSO, BOCC, and Global Sky Aircharter Corporation (Global) entered into an Air Ambulance agreement dated July 19,2006. Under said agreement a helicopter owned by Global, which in turn is owned 100% by MCSO shall be used primarily for the delivery of trauma and critical medical emergency services through County emergency medical technicians and paramedics, and for interfacility transfers of medical patients from hospitals in the Florida Keys to care centers on the mainland with resources to provide specialized medical services needed by the patients. Emergency Medical Service operations require the helicopter to have a license to operate in the State of Florida as an Air Ambulance, pursuant to Chapter 64E- 2.005, F,A.C., and such operations require the County to employ or contract with a qualified Medical Director to provide air medical direction in order to provide air medical services pursuant to Chapter 64E-2.004(1), F.A.C. In addition, the Key Largo Fire and Ambulance District, an independent special district not under the jurisdiction of the county was created on June 8, 2005, removing the Medical Directors responsibility for that service segment. The addition of the Air Ambulance service and the deletion of the Key Largo service segment required an amendment to the Professional Services Inc. agreement. PREVIOUS RELEVANT BOCC ACTION: On April 21, 2004, the Board of County Commissioners approved a contract with Professional Emergency Services, Inc. (Dr. Sandra Schwemmer) to be effective January 1,2004 and shall run through January 1, 2007 and shall be renewable thereafter at the option of the County for two additional two (2) year periods. CONTRACT/AGREEMENT CHANGES: In Section 1, the term is extended through September 30, 2007. In Section 2, the type of ambulance covered was clarified, service segments and rate of compensation were defined and identified, and the effective date of the payment increase was changed to coincide with the beginning of the fiscal year. Section 15 was added to incorporate medical director coverage for added service, Air Ambulance. STAFF RECOMMENDATIONS: After a detailed review of the factors listed herein it is the recommendation of staff that this agenda item is approved as written. TOTAL COST: $83.058.00 BUDGETED: Yes X No Ground: $53 058.00 ( 11500-$29 90500/ 13001,$23 ] 53.00) Air: $30000,00 01000-$30 000,00) COST TO COUNTY: Same as above SOURCE OF FUNDS: Ad valorem tax REVENUE PRODUCING: Yes No X AMOUNT PER MONTH_ Year c.),0j APPROVED BY: County AttY\6fr\ OMBIPurchasing _ Risk Management_ DOCUMENTATION: Included X Not Required_ DISPOSITION: AGENDA ITEM # Revised 8/06 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Professional Emergency Services, Inc. Contract #_ Effective Date: Expiration Date: 1/1/2004 09/30/2007 Contract Purpose/Description: Approval of Extension and Amendment Number 1 to the Agreement with Professional Emergency Services, Inc. (Dr. Schwemmer) to provide medical direction to Fire and Emergency Medical Services extending the term through September 30,2007, amending Section 2 clarifying the type of ambulance covered, defining and identifying service segments and rate of compensation, changing the effective date of the payment increases to coincide with the beginning of the Fiscal Year and clarifying rules on vehicle usage, and adding Section 15 to incorporate medical director coverage for an added service, Air Ambulance. Contract Manager: Camille Dubroff (Name) 6010 (Ex t. ) Emergency Services / Stop 14 (Department/Stop #) for BOCC meeting on 11/15/2006 Agenda Deadline: 10/31/2006 CONTRACT COSTS Total Dollar Value of Contract: $ $83,058.00 (Ground $53,058.00 and Air $30,000.00 Budgeted? Yes[8J NoD Grant: $ County Match: $ Current Year Portion: $ 11500-$29,905.00, 13001-$23.153.00. and 11000- Account Codes: $30,000.00 - - - ----- - - - - ----- - ----- ADDITIONAL COSTS Estimated Ongoing Costs: $~yr For: (Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.) Comments: Date Out Date In Division Director Ij- J-~ C ) /- -c'6 Ri~ Manat\0~ \\"~ 6. YesD No[r O.M.B./Purch~ing 1Ll.4~ YesD NO~ County Attorney 1~6YesD Nol:J OMB Form Revised 2/27/01 Mep #2 MEMORANDUM ATTACHMENT TO AGENDA ITEM SUMMARY Meeting Date: November 15, 2006 Division: Emergency Services Bulk Item: Yes -L No Department: Fire Rescue Staff Contact Person: Camille Dubroff AGENDA ITEM WORDING: Approval of Extension and Amendment Number 1 to the Agreement with Professional Emergency Services, Inc. (Dr. Schwemmer) to provide medical direction to Fire and Emergency Medical Services extending the term through September 30, 2007, amending Section 2 clarifying the type of ambulance covered, defining and identifying service segments and rate of compensation, changing the effective date of the payment increases to coincide with the beginning of the Fiscal Year and clarifying rules on vehicle usage, and adding Section 15 to incorporate medical director coverage for an added service, Air Ambulance. ITEM BACKGROUND: Monroe County provides fire and/or emergency medical services pursuant to Chapter 401, Florida Statutes in the unincorporated areas of the County, and is required to employ or contract with a Medical Director who is a Florida licenses physician, Board Certified in Emergency Medicine with added qualification in EMS and pre-hospital care experience for the purpose of providing direction and professional services to the Fire and Emergency Medical Services (Monroe County Fire Rescue). Dr. Schwemmer, the principal of Professional Emergency Services, Inc., is currently providing these services. The Monroe County Sheriff's Office (MCSO) presented a plan to Monroe County Board of County Commissioners (BOCC) for a joint venture to implement an air ambulance operation in Monroe County. MCSO, BOCC, and Global Sky Aircharter Corporation (Global) entered into an Air Ambulance agreement dated July 19,2006. Under said agreement a helicopter owned by Global, which in turn is owned 100% by MCSO shall be used primarily for the delivery of trauma and critical medical emergency services through County emergency medical technicians and paramedics, and for interfacility transfers of medical patients from hospitals in the Florida Keys to care centers on the mainland with resources to provide specialized medical services needed by the patients. Emergency Medical Service operations require the helicopter to have a license to operate in the State of Florida as an Air Ambulance, pursuant to Chapter 64E-2.005, F.A.C., and such operations require the County to employ or contract with a qualified Medical Director to provide air medical direction in order to provide air medical services pursuant to Chapter 64E-2.004(1), F.A.C. In addition, the Key Largo Fire and Ambulance District, an independent special district not under the jurisdiction of the county was created on June 8, 2005, removing the Medical Directors responsibility for that service segment. The addition of the Air Ambulance service and the deletion of the Key Largo service segment required an amendment to the Professional Services Inc. agreement. PREVIOUS RELEVANT BOCC ACTION: On July 21,1999, Board of County Commissioners approved a request to advertise a Request for Qualifications for Medical Director. Page 1 of2 On October 13, 1999, Board of County Commissioners approved to negotiate contract to sole respondent to Medical Director Request for Qualifications with Physician Resources, Inc. (Dr. Sandra Schwemmer). On November 9, 1999, Board of County Commissioners approved to extend existing Medical Director Contract, which expires on November 30, 1999, on a month-to-month basis pending execution of a new contract. On January 19, 2000, Board of County Commissioners granted approval to contract with Physician Resources, Incorporation (Dr. Sandra Schwemmer) as Medical DirectorlFire Department Physician for Emergency Medical Services and Fire Departments effective January 1, 2000 through January 1, 2002 and shall be renewable thereafter at the option of the County for an additional two (2) year period. On November 20, 2001, Board of County Commissioners approved an addendum to continue services to be effective January 2, 2002 and expire on January 1,2004. On April 17, 2002, Board of County Commissioners granted approval and authorized execution of an Agreement Addendum for Medical Director Services between Monroe County and Physicians Resources, Inc. to change the contractor's name to Professional Emergency Services, Inc. and effective April 1, 2002, the City of Marathon is providing their own EMS service so the annual contract amount is reduced by $4400.00. On December 17,2003, Board of County Commissioners granted approval and authorized execution of a Contract Amendment between Monroe County and Professional Emergency Services, Inc. to extend the existing Agreement for two (2) months, January 02,2004 through February 29, 2004, to allow parties sufficient time to determine the details of future operations and their impact on a new Contract for medical direction. On February 18,2004, Board of County Commissioners granted approval and authorized execution of a Contract Amendment between Monroe County and Professional Emergency Services, Inc. to extend the existing Agreement for six (6) months, March 01, 2004 through August 31, 2004 to allow parties additional time to determine the details of future operations and their impact on a new Contract for medical direction. On April 21, 2004, the Board of County Commissioners approved a contract with Professional Emergency Services, Inc. (Dr. Sandra Schwemmer) to be effective January 1,2004 and shall run through January 1, 2007 and shall be renewable thereafter at the option of the County for two additional two (2) year periods. CONTRACT/AGREEMENT CHANGES: In Section 1, the term is extended through September 30,2007. In Section 2, the type of ambulance covered was clarified, service segments and rate of compensation were defined and identified, and the effective date of the payment increase was changed to coincide with the beginning of the fiscal year. Section 15 was added to incorporate medical director coverage for added service, Air Ambulance. STAFF RECOMMENDATIONS: After a detailed review of the factors listed herein it is the recommendation of staff that this agenda item is approved as written. Page 2 of 2 EXTENSION AND AMENDMENT NUMBER 1 TO THE AGREEMENT BETWEEN MONROE COUNTY, FLORIDA AND PROFESSIONAL EMERGENCY SERVICES, INC. This Extension and Amendment Number 1 ("Amendment 1") is made and entered into this _ day of _, 2006, by and between Monroe County, Florida, a political subdivision of the State of Florida ("COUl\1TY") and Professional Emergency Services, Inc., a corporation organized and doing business in the State of Florida ("MEDICAL DIRECTOR"). WITNESSETH: WHEREAS, the parties hereto entered into an agreement dated April 21, 2004 ("Agreement") to provide medical direction to Fire and Emergency Medical Services as required by Florida Statutes; and WHEREAS, said Agreement provided an option under Section 1- Term, for the COUNTY to renew the Agreement for additional periods without going out for a Request for Qualifications or other proposal; and WHEREAS, since the Agreement was executed, the Key Largo Fire and Ambulance District, an independent special district not under the jurisdiction of the County was created, removing some of the COUNTY'S and MEDICAL DIRECTOR'S area of responsibility; and WHEREAS, the parties desire to amend the Agreement in order to clarify the type of ambulance covered, define and identify service segments, and change the termination date of the Agreement to coincide with the fiscal year; and WHEREAS, the parties desire to add Section 15 to the Agreement to incorporate medical director coverage for an added service, Air Ambulance; NOW, THEREFORE, the parties agree as follows: 1. Paragraph 1 of the Agreement shall read as follows: 1. Term This Contract shall become effective on January 1, 2004 and shall run through September 30, 2007, and shall be renewable thereafter at the option of the COUNTY for two additional two (2) year periods. 2. The Agreement shall be amended in Section 2 as follows: 2. Compensation - Ground Ambulance (a) The MEDICAL DIRECTOR shall be paid at a current rate of $4,823.45 per service segment per year. Currently there are 11 service segments computing to $53,058.00 annually or $4,421.50 monthly. This amount may change during the year if segments are added or deleted. Payments shall be made monthly in arrears by the COUNTY pursuant to the Florida Local Government Prompt Payment Act after receipt of proper invoice by the MEDICAL DIRECTOR. A service segment is defined as an entity providing service at a specific station. The following table identifies service segments currently covered: Station Volunteer Career Service Fire Fire Rescue Segments 8 I 1 1 9 1 1 2 - - 10 1 1 11 1 1 13 1 1 2 17 1 1 18 1 1 22 1 1 2 LI9tals: 5 6 111 (b) The rate of payment per service segment shall be increased five percent (5%) annually on October 1st during the term of this contract and subsequent extensions or renewals. * * * * * (g) MEDICAL DIRECTOR shall be provided one county vehicle including cost of gasoline, repairs, insurance, and other operational costs, to use for travel within the County. Use of the vehicle out of county must be approved by the MCFR Chief and/or County Administrator. All other terms and conditions of this section 2 shall remain in full force and effect. 3. Section 15 - Air Ambulance shall be added to the Agreement as follows: Section 15- Air Ambulance 15.1 General Background Prior to October 1, 2006, the Monroe County Sheriff ("Sheriff') operated an air ambulance service by helicopter at no charge to patients. MEDICAL DIRECTOR provided services to COUNTY to enable COUNTY'S EMS personnel to provide air medical services. Sheriff has purchased and has made arrangements to provide air ambulance services for trauma and for inter-facility transfers using COUNTY'S emergency personnel pursuant to an agreement dated July 19, 2006, with Monroe County, Sheriff, and Global Sky Aircharter Corporation for which payment may be requested from the patient and/or the requesting facility. Emergency Medical Service operations require the helicopter to have a license to operate in the State of Florida as an Air Ambulance, pursuant to Chapter 64E-2.005, F.A.C., and such operations require the COUNTY to employ or contract with a qualified MEDICAL DIRECTOR in order to provide air medical services pursuant to Chapter 64E-2.004(1), F.A.c. 15.2 Scope of Work MEDICAL DIRECTOR shall perform the services described in Chapter 64E-2.004, and 2.005 specific to Air Medical Direction. 15.4 Compensation-Air Ambulance MEDICAL DIRECTOR shall be paid monthly based on a rate of $30,000.00 per year, $82.19 per day. The monthly invoice prepared by the MEDICAL DIRECrOR shall be calculated using the number of days that the Air Ambulance is in-service and shall not include days it was/is out of service. Compensation for services shall be retroactive to October 1, 2004. COUNTY will reimburse MEDICAL DIRECTOR for any direct expenses associated with meetings required by COUNTY or Monroe County Sheriff's Office. All compensation shall be according to County Ordinance and State law. 15.5 Duties and Responsibilities MEDICAL DIRECTOR will meet with Ryder Trauma Center, local hospitals and other medical facilities in Miami-Dade County, as needed, to coordinate the operation of the helicopter. Such ongoing communication and interaction is needed to coordinate patient management and emergent transport. MEDICAL DIRECTOR will develop Trauma Transport Protocols to include the use of the helicopter in scene evacuation of trauma patients. MEDICAL DIRECTOR will review and approve flight medics, training programs, and the development of additional procedures, equipment, and medication usage for in-flight emergency patient transports and reporting/record keeping. MEDICAL DIRECTOR will be available 24 hours/day, 365 days/year for communication and consultation. When the MEDICAL DIRECTOR is unavailable, he/she will name a similarly qualified licensed physician to cover during the absence. MEDICAL DIRECTOR will create and attend the Monroe County Fire Rescue Safety Committee meetings, required of a licensed air medical transport service as required by F.A.C. Ch. 64E. MEDICAL DIRECTOR will be available 24 hours/day, 365 days/year for consultation as required by Chapter 64-E2.004(3)(b), F.A.C. to evaluate each patient in person or by written protocol prior to each inter-facility transfer flight for the purpose of determining that the aircraft, flight, medical crew and equipment meet the patients needs. Such evaluation may involve direct communication with the sending and receiving physician, coordination the appropriate crew configuration which may require nursing or other medical personnel, additional medication and/or equipment (depending on available resource), patient informed consent (if needed), in order to determine the need for transport, as well as coordinating patient management while enroute to the receiving facility. MEDICAL DIRECTOR will develop and implement a patient care quality assurance system to asses the medical performance of the flight Paramedics and make recommendation regarding continuing education and skills training, allowing the growth and development of the Monroe County Air Medical Program. MEDICAL DIRECTOR will coordinate with local hospitals and the Monroe County Sheriffs Office Aviation Department the use of any additional personnel, including appropriate critical care flight nurses, if available, to attend critical patients. MEDICAL DIRECTOR will be provided communication devices, appropriate transportation and reimbursement of travel expenses, at the expense of the COUNTY and will be provided adequate administrative support services by the COUNTY in order to perfonn the above duties and any other reports/consultations as may be required from time to time. Such administrative support will include use of office space, file cabinets, fax and copy machine, secretarial assistant services and one Paramedic to be chosen by Monroe County Fire Rescue Fire Chief and MEDICAL DIRECTOR to act as Liaison/Chief of the Air Medical Program. 15.6 Insurance County will assure that this service is included in the insurance to be provided under the Agreement. In all other respects, the provisions of the contract between the parties dated April 21, 2004, not inconsistent herewith shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Amendment 1 to be executed the day and the year first above written. (SEAL) Board of County Commissioners, Monroe County, FL By: _ Mayor/Chairman Date: ATTEST: Danny L. Kolhage, Clerk By: Sandra Schwemmer, D.O., FACOEP, FACEP Professional Emergency Services, Inc. Date: MONROE COUNTY ATTORNEY fPPRO'fD AS TQ FORM: VI2,' }'LAfM~ ....""VJ. -f x.-^--I 'l::7'" SUS' M, GRIMSLEY J ASSISTAI'jT COUNTY ~TTORNEY Ie" 3/- D(t? Date .. Medical Director/Fire Department Physician Contract THIS CONTRACT, made and entered into this 21stdayof April, 2004, by and between the Board of County Commissioners of Monroe County, Florida, hereinafter referred to as the "COUNTY," and PROFESSIONAL EMERGENCY SERVICES, INC., hereinafter referred to as the .. MEDICAL DIRECTOR", WITNESSETH: WHEREAS, the COUNTY provides fire and/or emergency medical services pursuant to Chapter 401, Florida Statutes, in the following geographic areas: Cow Key Channel (mm 4) to the south end of the Seven Mile Bridge, also known as the Lower Keys Fire and Ambulance District, and from Tavernier Creek Bridge (mm90.5) to South Bay Harbor Drive and Lobster Lane (mm95); and South Bay Harbor Drive and Lobster Lane (mm95) to the Dade County Line on US 1 (mm113) and north on SR 905 to the intersection of Card Sound Road, Municipal Service taxing District 6, in regards to Key Largo Volunteer Fire Department; and WHEREAS, the COUNTY is required to employ or contract with a MEDICAL DIRECTOR who shall be a Florida licensed physician, Board Certified in Emergency Medicine with added qualification in EMS and pre-hospital care experience, or corporation which employs or contracts with similarly qualified physicians; and WHEREAS, the COUNTY has determined it to be in the best interest of the residents of and visitors to Monroe County to contract with a MEDICAL DIRECTOR for the purpose of providing direction to the Fire and Emergency Medical Services; and WHEREAS, the MEDICAL DIRECTOR desires to provide professional services according to the terms and conditions stated herein. NOW THEREFORE, in consideration of the mutual understandings and agreements set forth herein, the COUNTY and MEDICAL DIRECTOR agree as follows: 1. Term. This Contract shall become effective on January 1, 2004, and shall run through January 1, 2007, and shall be renewable thereafter at the option of the COUNTY for two additional two (2)- year periods. 2. Comoensation (a) The MEDICAL DIRECTOR shall be paid an annual fee of fifty thousand dollars ($50,000.00). Upon receipt of a proper invoice, the County shall pay the annual fee in twelve monthly installments, pursuant to the Florida Prompt Payment Act. The annual fee may be revised based upon future modifications to the provision of Fire and EMS services through a written amendment. (b) Payment shall increase five percent (5%) per annum during the term of this Contract and subsequent renewals. (c) Professional services requested beyond the scope of' this Contract will be invoiced separately at a rate of $250.00/hour and will be approved in advance by the MCFR Fire Chief and/or County Administrator. (d) Monroe County's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Board of County Commissioners. (e) Invoices received from MEDICAL DIRECTOR shall be reviewed and approved by the County Fire Rescue Chief or his designee, indicating that services have been rendered in conformity with the Agreement and then will be sent to the Finance Department for payment. Invoices must reference this Agreement and will be paid in accordance with the State of Florida Prompt Payment Act. (f) In order for both parties to close their books and records, MEDICAL DIRECTOR clearly state "FINAL INVOICE" on the MEDICAL DIRECTOR's final and last billing to COUNTY. This certifies that all services have been properly performed and all charges and costs have been invoiced to Monroe COUNTY. Since this account will thereupon be closed, any and other future charges if not properly included in this final invoice are waived by the MEDICAL DIRECTOR. g) MEDICAL DIRECTOR will be provided a county vehicle, including cost of gasoline, repairs, insurance, and other operational costs, to use for travel within the County. Use of the vehicle out of county will be approved by the MCFR Chief and/or County Administrator. h) Nothing in this agreement prohibits the MEDICAL DIRECTOR from billing any third party for medical services rendered outside the scope of this agreement that may arise during or after the term of this agreement. 3. Purpose. The purpose of this Contract is to assure compliance of the COUNTY in Medical Direction of its Fire and Emergency Medical Services System. 4. Duties and Responsibilities. (a) The MEDICAL DIRECTOR shall be responsible to Monroe County Fire Rescue and report directly to the Fire Chief and County Administrator. (b) The MEDICAL DIRECTOR shall adhere to the responsibilities as set for the in Florida Statutes 401, Florida Administrative Code 64E-2.004, Medical Direction. These include supervising and assuming direct responsibility for the medical performance of the Emergency Medical Technicians, and Paramedics employed by Monroe County Fire Rescue hereinafter MCFR). (c) The MEDICAL DIRECTOR shall be knowledgeable of the standards as set by National Fire Protection Association Standard #1582. (d) The MEDICAL DIRECTOR shall coordinate and approve all fonnal training which will allow each Monroe County EMT, and Paramedic to fulfill the continuing education requirements for biannual certification in the State of Florida. The MEDICAL DIRECTOR shall meet annually with the MCFR Chief, or designee, to review the Educational Program for content, location and dates. (e) The MEDICAL DIRECTOR will be available for consulting and advising on all EMS and Fire activities undertaken by the career and volunteer emergency response departments of Monroe County as req'uested by the County and authorized by the MCFR Chief or County Administrator. (f) The MEDICAL DIRECTOR shall be available 24 hr/day, 365 days/year for emergency consultation with MCFR personnel. He/she shall carry a pager and/or radi%r other communication device, said equipment to be provided by the County. He/she shall respond in a timely manner to any pages from MCFR. In the event the MEDICAL DIRECTOR is unavailable, he/she shall appoint a similarly qualified physician to cover all responsibilities. (g) This Agreement is a personal services contract based on the qualifications of Sandra Schwemmer, D.O., FACOEP, FACEP. and the services required hereunder shall be performed by Dr. Schwemmer or under her supervision. Any additional personnel necessary for the fulfillment of the services required under this Agreement shall be secured at MEDICAL DIRECTOR's sole expense, and such personnel shall be fully qualified and, if required, authorized or permitted under State and local law to perform such services. 5. Protocols The MEDICAL DIRECTOR shall provide an annual review of the pre-hospital treatment protocols and when necessary, the MCFR Chief and the Medical Director shall jointly approve each protocol revision prior to implementation. These protocols shall be developed with consideration of the fiscal impact of such protocols on the participating agencies and citizens of Monroe County, Florida. MEDICAL DIRECTOR shall develop and revise when necessary Trauma Transport Protocols (TIP's) for submission to the Department of Health, Bureau of EMS, for approval. All EMT's and Paramedics will be trained in the use of the trauma scorecard methodologies as provided in Rule 64E-2.017, FAC., for adult trauma patients and Rule 64E-2.0175, FAC., for pediatric trauma patients. COUNTY will provide such secretarial and administrative assistance as necessary for the production and distribution of such protocols. 6. DEA Certificate MEDICAL DIRECTOR shall procure on behalf of Monroe County Fire Rescue a DEA registration in order to provide medications and controlled substances to the COUNTY. DEA registration shall include the address at which controlled substances are stored. Proof of such registration shall be maintained on file with MCFR and shall be readily available for inspection. MCFR will forward all renewal documents as received from the Dept. of Justice, DEA, to the MEDICAL DIRECTOR to assure continuous registration and will reimburse MEDICAL DIRECTOR for the cost of such registration. 7. Quality Assurance The MEDICAL DIRECTOR shall establish a quality assurance system to provide for process of Quality review of all emergency medical technicians and paramedics operating under his/her medical license and supervision. The Medical Director and/or each appointee of MEDICAL DIRECTOR'S staff shall audit the performance of MCFR personnel by use of a quality assurance program to include but not limited to a prompt review of patient care records, direct observation, and comparison of performance standards for drugs, equipment, system protocols and procedures. Administrative assistance with regard to data collection, report production and distribution will be provided by the COUNTY, 8. Local Disasters In the event of a local disaster or impending emergency situation with the possibility of multiple casualties, the MEDICAL DIRECTOR or appointee shall be available for emergency consultation. 9. Cost Containment/Eauipment & Procedures The MEDICAL DIRECTOR shall periodically review all policies and procedures for cost effectiveness, Providing state of the art fire and emergency medical services to the citizens of Monroe County in the most cost effective manner shall be a top priority of the MEDICAL DIRECTOR. The MEDICAL DIRECTOR will consult and advise on all medical equipment to be carried and utilized by a participating volunteer fire department andlor any other emergency response agency. 10. Infectious Exposure Policv The MEDICAL DIRECTOR shall assist in developing an infectious disease exposure policy that complies with State and Federal OSHA requirements. The MEDICAL DIRECTOR shall assure that a comprehensive plan exists for prompt medical review of all possible infectious exposures reported by MCFR personnel and members of the participating volunteer fire departments, and for post-exposure medical follow-up when indicated. The MEDICAL DIRECTOR shall be available 24hr/day, 365 days of the year for consultation with field personnel who have had any infectious or potential infectious exposure. 11. State Involvement The MEDICAL DIRECTOR shall become involved in the Florida Association of EMS Medical Directors. The COUNTY shall reimburse MEDICAL DIRECTOR for costs of such memberships, and any other recommended or required association membership dues as required by the COUNTY. MEDICAL DIRECTOR will attend EMS meetings as recommended and approved by the MCFR Chief. Such cost of attendance at such meetings will be reimbursed by the COUNTY. 12. Insurance The COUNTY shall maintain in full force and effect for the term of this Contract, and any subsequent renewals, professional and general liability insurance with minimum limits of $1,000,000.00 per occurrence. The COUNTY shall be responsible for maintaining this professional liability insurance for a minimum of three years from the date of termination if this Contract. The Professional and General Liability certificate will specify coverage for "EMS oversight/medical direction". The COUNTY will provide certificate or proof of such Insurance to the MEDICAL DIRECTOR on an annual basis. MEDICAL DIRECTOR will be provided thirty (30) days notice of cancellation, change in policy limits, and/or any restrictions placed on coverage of the insurance provided by the COUNTY during the term of this CONTRACT. The COUNTY will be responsible for the payment of any deductible and/or self-insured retention In the event of a claim. 13. Termination. 13.1 Early termination may occur as follows: (a) This Contract may be terminated by the MEDICAL DIRECTOR, with or without cause, upon not less than ninety (90) days written notice delivered to the COUNTY. (b) The COUNTY may terminate this Contract in whole or in part and without cause, upon not less than ninety (90) days written notice, delivered to the MEDICAL DIRECTOR. (c) The COUNTY may terminate this Contract immediately in the event that MEDICAL DIRECTOR fails to fulfill any of the terms, understandings or covenants of this Contract. 13.2 At such time as this agreement is terminated, whether at the natural ending date or at an earlier time under paragraph 13.1 above, the MEDICAL DIRECTOR shall: (a) Stop work on the date and to the extent specified. (b) Terminate and settle all orders and subcontracts relating to the performance of the work. (c) Transfer all work in process, completed work, and other materials related to the terminated work to the COUNTY. (d) Continue and complete all parts of that work which have not been terminated, if any. 14. GENERAL PROVISIONS. 14.1 Amendments and Assianments. No amendment or assignment of this Agreement shall be valid without the prior written consent from the County. 14.2 Entire Aareement. The entire agreement between the parties with respect to the subject matter hereof is contained in this Agreement, the Request for Qualifications and response thereto. Unless contradicted by the terms of this agreement, the parties shall be bound by the provisions of the RFQ and Response. To the extent the RFQ and response are contradicted by the language in this Agreement, this Agreement supersedes all prior oral and written proposals and communications related to this Agreement between the parties. No provision of this Agreement shall be deemed waived, amended or modified by either party unless such waiver, amendment or modification is in writing and signed by the party against whom the waiver, amendment or modification is claimed. This Agreement shall be binding upon and inure to the benefit of the parties hereto, their permitted successors and assigns. 14.3 Severability. If any term, covenant, condition or provision of this Agreement 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 provision of this Agreement would prevent the accomplishment of the original intent of this Agreement. The parties 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. 14.4 Captions. The captions set forth herein are for convenience of reference only and shall not define, modify, or limit any of the terms hereof. 14.5 Governina Law and Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. Venue for any legal action which may arise out of or under this agreement shall be in Monroe County, Florida. 14.5.1 Conflicts in interoretation. The parties agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between them, the issue shall be submitted to mediation prior to the institution of any other legal proceeding. 14.5.2 Adiudication of DisDutes and Disaareements. The parties agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of the parties. If no resolution can be agreed within thirty (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 the parties. then any party shall have the right to seek such relief as may be provided by this Agreement or by Florida law. 14.5.3 Cooperation. In the event any administrative or legal proceeding is instituted against either party relating to the formation. execution, performance, or breach of this Agreement, the parties agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings. and other activities related to the substance of this Agreement. The parties agree that neither party shall be required to enter into any arbitration proceedings related to this Agreement or any Attachment or Addendum to this Agreement. 14.5.4 Leaal Obliaations and ResDonsibilities; Non-deleaation of Constitutional or Statutory Duties. This Agreement is not intended to relieve, nor shall it be construed as relieving, any party from any obligation or responsibility imposed upon the party by law except to the extent of actual and timely performance thereof by the other party, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further this Agreement is not intended to authorize, 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 statutes, case law, and, specifically, the provisions of Chapter 125, Florida Statutes. 14.6 Attorney's Fees and Costs. In the event any cause of action 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, court costs, investigative, and out-of-pocket expenses, as an award against the non-prevailing party, and shall include reasonable attorney's fees, court costs, investigative, and out-of-pocket expenses in appellate proceedings. 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. 14.7 Records. MEDICAL DIRECTOR shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles. Upon ten (10) business days written notice to the other party, representatives of either party shall have access, at all reasonable times. to all the other party's books, records, correspondence, instructions, receipts, vouchers and memoranda (excluding computer software) pertaining to work under this Agreement for the purpose of conducting a complete independent fiscal audit. MEDICAL DIRECTOR shall retain all records required to be kept under this agreement for a minimum of five years, and for at least four years after the termination of this agreement. Storage of medical records required by Federal or State statute in excess of the times stated herein and subsequent to the termination of this Agreement shall be revisited by the parties at such time as any transition period is established to accommodate the termination of this Agreement. MEDICAL DIRECTOR shall keep such records as are necessary to document the provision of services under this agreement and expenses as incurred, and give access to these records at the request of the County, the State of Florida or authorized agents and representatives of said government bodies. It is the responsibility of MEDICAL DIRECTOR to maintain appropriate records to insure a proper accounting of all collections and remittances. MEDICAL DIRECTOR shall be responsible for repayment of any and all audit exceptions which are identified by the Auditor General for the State of Florida. the Clerk of Court for Monroe County, the Board of County Commissioners for Monroe County, or their agents and representatives. 14.7.1 Public Access. The parties shall allow and permit reasonable access to and inspection of, all documents, papers, letters, or other materials subject to the Florida Public Records Law, as provided in Chapter 119, Florida Statutes, and made or received by the parties, unless specifically exempted by State or pre-emptive Federal Statute. 14.8 Ethics Clause. MEDICAL DIRECTOR warrants that it has not employed. retained or otherwise had act on 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 agreement without liability and may also, at 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 or present County officer or employee. County employees and officers are required to comply with the standards of conduct 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 of certain information. 14.9 Authoritv. MEDICAL DIRECTOR warrants that he or she is authorized by law to engage in the performance of the activities encompassed by the project herein described. Each of the signatories for MEDICAL DIRECTOR below certifies and warrants that the Contractor's name in this agreement is the full name as designated in its corporate; they are empowered to act and contract for MEDICAL DIRECTOR, and this agreement has been approved by the Board of Directors of MEDICAL DIRECTOR or other appropriate authority. 14.10 Public Entitv 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 an agreement to provide any goods or services to a public entity, may not submit a bid on a agreement 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, sub-contractor, or consultant under a agreement 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. 14.11 Anti-kickback. The Grantee warrants that no person has been employed or retained to solicit or secure this agreement upon an agreement or understanding for a commission, percentage, brokerage or contingent fee, and that no employee or officer of the County or TOC has any interest, financially or otherwise, in the said funded project, except for general membership. For breach or violation of this warranty, the Grantor shall have the right to annul this agreement without liability or, in its discretion, to deduct from the agreement price or consideration, the full amount of such commission, percentage, brokerage or contingent fee. 14.12 Modifications and Amendments. Any and all modifications of the terms of this agreement shall be only amended in writing and executed by the Board of County Commissioners for Monroe County and MEDICAL DIRECTOR. 14.13 IndeDendent Contractor. At all times and for all purposes hereunder, MEDICAL DIRECTOR 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 as to find MEDICAL DIRECTOR or any of its employees, contractors, servants or agents to the employees of the Board of County Commissioners of Monroe County, and they shall be entitled to none of the rights, privileges or benefits of employees of Monroe County. . , 14.14 Compliance with Law. In carrying out its obligations under this agreement, MEDICAL DIRECTOR shall abide by all statutes, ordinances, rules and regulations pertaining to or regulating the provisions of this agreement, including those now in effect and hereafter adopted. Any violation of said statutes, ordinances, rules or regulations shall constitute a material breach of this agreement and shall entitle the County to terminate this agreement immediately upon delivery of written notice of termination to MEDICAL DIRECTOR. 14.15 Licensing and Permits. MEDICAL DIRECTOR shall have, prior to commencement of work under this agreement and at all times during said work, all required licenses and permits whether federal, state, County or City. 14.16 Non-Discrimination. MEDICAL DIRECTOR shall not discriminate, in its employment practices and in providing services hereunder, on the basis of race, color, sex, religion, disability, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age, and shall abide by all federal and state laws regarding non-discrimination. Upon a determination by a court of competent jurisdiction that such discrimination has occurred, this Agreement automatically terminates without any further action by the County, effective the date of the court order. 14.17 Claims for State or Federal Aid. The parties 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, and which approval shall not be unreasonable withheld. 14.18 Non-Reliance bv 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 parties agree that neither the County nor MEDICAL DIRECTOR or any officer, agent, or employee of each 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 under this Agreement. 14.19 Attestations. MEDICAL DIRECTOR agrees to execute such documents as the County may reasonable require. including a Drug-Free Workplace Statement, and a Public Entity Crime Statement. 14.20 Sianatures of Parties ReQuired. THIS AGREEMENT SHALL NOT BE EFFECTIVE UNTIL EXECUTED BY BOTH PARTIES AND RECEIVED IN FINAL EXECUTED FORM BY AN AUTHORIZED REPRESENTATIVE OF MEDICAL DIRECTOR AT ITS PRINCIPAL PLACE OF BUSINESS. 14.21 County Authoritv. By execution hereof the signer below hereby certifies that signer is duly authorized to execute this Agreement on behalf of the Court. 14.22 No Personal Liabilitv. No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of the Board Of County Commissioners of Monroe County in his or her individual capacity and no member, officer, agent or employee of the Board Of County Commissioners 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. 14.23 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 the parties hereto may execute this Agreement by signing any such counterpart. MEDICAL DIRECTOR'S signature on this Agreement shall act as the execution of the truth-in-negotlation certificate certifying that wage rates and costs used to determine the compensation provided under this Agreement are accurate, complete and current as of the date of the Agreement, and are no higher than those charged the MEDICAL DIRECTOR'S most favored customer for the same or substantially similar service. 14.24 Truth In Neaotlation Certificate. Signature of this Agreement by MEDICAL DIRECTOR shall act as the execution of the truth-in-negotiatJon certificate certifying that the wage rates and costs used to determine the compensation provided in this Agreement are accurate, complete and current as of the date of the Agreement and no higher than those charged the MJ;:DICAL DIRECTOR's most favored customer for the same or substantially similar service. 14.25 Federal and State Tax. The COUNTY is exempt from payment of Florida State Use and Sales Taxes. The COUNTY will sign an exemption certificate submitted by MEDICAL DIRECTOR. The MEDICAL DIRECTOR will not be exempted from paying state sales tax to its suppliers for materials used to fulfill contractual obligations with the COUNTY, nor is the MEDICAL DIRECTOR authorized to use the County's Tax Exemption Number in securing such materials. 14.26 Notice. All notices required in this Agreement shall be sent by mail, return receipt requested, and shall be sent to the following: For MEDICAL DIRECTOR: Sandra SChemmer, D.O., FACOEP,FACEP 160 Kev Heights Drive Tavernier. FL 33037 For COUNTY: Clark Martin, Fire Chief 490 63rd Street (Ocean) Marathon, Fl. 33050 and Richard Collins, County Attorney P.O. Box 1026 Key West. FI. 33041-1026 IN WITNESS WHEREOF, the parties hereto have caused this MEDICAL DIRECTOR Contract to be executed the day and year first above written. (SEAL) Board of County Commissioners of ~,C nty, Florida i ' DAVID P. RICE VICE-CHAIRMAN , OE CGuNT',' ATTORNEY Dep yClerk ~o;~~ . ~~JNE A.. HUTTON ~d. ~ ~,'^5SISTANT~~RNEfrofession WItness ~ 2 ^-Ll.. 2du){A~ Witness b' LOBBYING AND CONFLICT OF INTEREST CLAUSE SWORN STATEMENT UNDER ORDINANCE NO. 010-1990 MONROE COUNTY, FLORIDA ETIDCS CLAUSE PROFESSIONAL EMERGENCY SERVICES, INC warrants that he/it has not employed, retained or otherwise had act on his/its behalf any fonner 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 C / / ,. / / / (signature) ~/of Date: STATEOF \=-\or; c\A COUNTY OF Y~\M ~t--Ar,h PERSONALLY APPEARED BEFORE ME, the undersigned authority, S'~ ~ S ~~r- who, after first being sworn by me, affixed hi~ signature (name of individual signing) in the space provided above on this l.\, ~.1., day of \~\ \\."--1 \ \9J\J.-,~ ? ri, A K\..0Q NOTARY PUBLIC ,20~. My commission expires: OMB - MCP FORM #4 .f""".~ Terenia Edwards \~ . My Commission DD127724 D,...'/ Expires June 20, 2006 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 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 of 36 months from the date of being placed on the convicted vendor list." BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: November 15,2006 Division: Public Works Bulk Item: Yes -L No Department: Facilities Maintenance Staff Contact Person: John W. King AGENDA ITEM WORDING: Approval of a Business Lease with Ships Way, Inc., to continue occupying office space for Commissioner Neugent on Big Pine Key. ITEM BACKGROUND: On December 14,2006, the current lease to occupy space from Ships Way, Inc. will expire The lessor, in accordance with the original lease dated December 9, 1998, granted an option to renew for the four-year period ending December 14, 2006, and is granting another option to renew for an additional four-year period. PREVIOUS RELEVANT BOCC ACTION: On December 9, 1998, the BOCC granted approval and authorized execution of a Business Lease Agreement for office space for Commissioner Neugent. On November 21, 2002, the BOCC granted approval of a Business Lease with Ships Way, Inc. to continue occupying office space for Commissioner Neugent. CONTRACT/AGREEMENT CHANGES: MontWy rent to be $1,050.00 with annual 3% increases The lease is to commence on December 15,2006 and terminate on December 14,2010. STAFF RECOMMENDATIONS: Approval as stated above. TOTAL COST: $12,600.00 Year 1 (3% annual increases thereafter) BUDGETED: Yes -X- No COST TO COUNTY: Same SOURCE OF FUNDS: REVENUE PRODUCING: Yes No X AMOUNT Year APPROVED BY: County Arty /"OMB/PurChasi . sk Management (Y]S- DOCUMENTATION: Included x Not Required_ DISPOSITION: AGENDA ITEM # Revised 2/05 MEMORANDUM DATE: October 10,2006 TO: Dent Pierce, Division Director Public Works FROM: John W. King, Sf. Director 91 /7 C) Lower Keys Operations ~c.-/ . ~ Agenda Item - November 15, 2006 BOCC Meeting Business Lease - Ships Way, Inc. RE: On November 20,2002, the BOCC authorized execution of a four-year Business Lease with Ship's Way, Inc. for Commissioner Neugent's office located at the Shops of Ships Way, 25 Ships Way, Big Pine Key. On December 14, 2006, the current lease with Ships Way, Inc. will expire. This lease does provide for one option to renew for another four-year period. The new business lease calls for monthly payments of $1,050.00 the first year commencing December 15,2006, and a 3% increase for each of the remaining years until expiration December 14,2010. I hereby request approval to execute this business lease with Ships Way, Inc. JWK/jbw Enclosures ~D' ~~'rH--- '\ c-C'~._.., -' ",4 a V ~ \ I '."" k4 "G L.-E'" , I >...,,--~-- \ o ell 3 2006 \ \ \ \ ~ Ai t>~-d By.." _!'~----=- The Shops of Ships Way "'~_c-- 29438 Saratoga Avenue Big Pine Key, FL 33043 (305) 395-3333 October 6, 2006 Ms. Terry Marble Ass't. to George Neugent, MC Commish #1 25 Ships Way Big Pine Key, FL 33043 RE: Office Lease Renewal 25 Ships Way, Big Pine Key Dear Terry : The current business lease for the above noted suite will terminate December 14, 2006. As per your recent request, I'm submitting a new lease for the next four (4) years. I would appreciate it if you would forward this document to the proper office for review, any possible corrections/questions, and signatures. This lease is very similar to the previous one with the obvious changes including the dates for the term, and a slight increase in the amount of monthly rent. Please advise the individual who will review this document, that I may be contacted at the telephone number noted above to discuss any of the details that may be of question. Sincerely, ~esident /jas End. I-<..E:CEIVED OCT 1 7 2006 By:-:2Jl~~~ MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Ships Way, Inc. Contract # - Effective Date: 12/15/06 Expiration Date: 12/14/2010 Contract Purpose/Description: To lease 813.5 square feet for Commissioner Neugent's office - four year lease Contract Manager: Jo B. Walters 4549 Facilities Maint/Stop #4 (Name) (Ext. ) (Department/Stop #) )~JI ~Jd(' for BOCC meeting on 10/21/06 Agenda Deadline: 11/15/06 CONTRACT COSTS Total Dollar Value of Contract: $ 12,600 (yr 1) Current Year Portion: $ 10,500.00 Budgeted? Yes~ No D Account Codes: _-00101-530-440-_ Grant: $ N/A County Match: $ N/ A ADDITIONAL COSTS Estimated Ongoing Costs: $~yr For: (Not included in dollar value above) (eg. maintenance, utilities, ianitorial, salaries, etc.) CONTRACT REVIEW Changes Date In Needed Division Director YesD NoD Risk Management ~ YesD No[2(' fJ4. ~ ,--b ~ O.M.B./Purchasing /1-(. ..()~ County Attorney f()/~3/6" Date Out II C7.;1 ~4Z if:;, ;:!; z.~"f;;;:j;::'~=:rt;:;." ~~d~F(-I ~ ~'!/~~Nk-:-t ~#<.. '1)uJc_ / 0 OMB Form Revised 2/27/01 MCP #2 Nov 03 06 02:32p Cortland P. Brown 941-833-4232 p.2 BUSINESS LEASE rms AGREEMENT, entered into this _ day of , 2006, between SIDPS WAY, INe. hereinafter called "lessor" or "landlord", party of the first part, and THE COUNTY OF MONROE, hereinafter called "lessee" or "tenant", party of the second part: WITNESSETH, that said lessor does this day lease unto said lessee, and said lessee does hereby hire and take as tenant Wlder said lease, the space described as follows: An office comprised of 8135 square fee~ located in the building known as The Shops of Ships Way, 25 Ships V.,ray, Big Pine Key, situated in Monroe County, Florida, to be used and occupied by the lessee as an office and for no other purposes or uses whatsoever, for the term of four (4) Years, beginning December 15,2006, and ending December 14, 2010, the rent to be paid as follows: Upon the signing of this lease, $1,050.00 is to be applied to the first month's rent, including a pro-rated amount for any part month; and $1,050.00 on the first day of each month thereafter. Annually, on the anniversary of this lease, there shall be an increase of three (3) percent in the monthly rent payment. Monroe County's performance and obligation to pay under this contract, is contingent upon an annual appropriation by the BOCC. Payment shall be in arrears and pursuant to Florida Local Government Prompt Payment Act. The lessee is a political subdivision of the State of Florida and, therefore, is not subject to state sales tax. All payments are to be made by maillo the lessor at: 29438 Saratoga Avenue, Big Pine Key, Florida 33043. The foUowing express stipulations and conditions are made a part of this lease and are hereby agreed to by all parties: FIRST: The lessee shall not assign, nor sub-let the premises, or any part thereof, nor use the same, or any part thereof, for any other purpose than as above stipulated, nor make any alteration therein, or additions thereto, without the written consent of the lessor, and all additions, fixnrres, or improvements which may be made by the lessees, except movable office furniture, shall become the property of the lessor and remain upon the premises as a part thereof, and be surrendered with the premises at the termination of the lease. SECOND: All personal property, placed or moved in the premises above described, shall be at the risk of the lessees or owners thereof, and lessor shall not be liable for any damage to said personal property or to the lessee, arising from the bursting or leaking of water pipes, or from any act of negligence of any other co-tenant or occupant of the building or of any other person whomsoever, absent negligence on the part of the lessor. There will be no outside storage without the written consent of the lessor. Nov 03 06 02:32p Cortland p, Brown 941-833-4232 p.3 TIBRD: The tenant shall promptly execute and comply with all statutes, ordinances, rules., orders, regulations, and requirements of the Federal, State, and City Government and of any and of all their departments and bureaus applicable to said premises, for the correction, prevention, and abatement of nuisances of other grievances, in, upon, or connected with said premises during said term, and shall also promptly comply "..ith and execute all rules, orders, and regulations of the Southeastern Undenvriters Association for the prevention of fires, at its own cost and expense. FOURTH: In the event that the premises shall be destroyed or so damaged or injured by fire or other casualty during the life of this agreement whereby the same shall be rendered untenantable, then the lessor shall have the right to render said premises tenantable by repairs within ninety (90) days therefrom. If said premises are not rendered tenantable within said time, it shall be optional with either party hereto to cancel this lease, and in the event of such cancellation the rent shall be paid only to the date of such fire or casualty. The cancellation herein mentioned shall be evidenced in writing. JI'IJlTH: The prompt payment of the rent for said premises upon the dates named, and the faithful observance of the rules and regulations printed upon this lease, which are hereby made a part of this covenant, are the conditions upon which this lease is made and accepted, and any fuilure on the part of the Lessee to comply with the terms of said lease, or any of said roles and regulations now in existence, shall be at the option of the lessor to work a breach of this contract. Lessor shall give the tenant notice of breach in writing and Lessee shall have 14 business days to remedy the breach. SIXTH: If the lessee shall abandon or vacate said premises before the end of the term of this lease, or shall suffer the rent to be in arrears, the lessor may, at his option, forthwith terminate this lease or he may enter said premises as the agent of the lessee, without being liable in any way therefore, and relet the premises with or without any furniture that may he therein, at such price and upon such tenns and for such duration of time as the lessor may detennine, and receive the rent therefore, applying the same to the payment of the rent due by the presents, and if the full rental herein provided shall not be realized by the lessor over and above the expenses to the lessor in such re-letting, the said lessee shall pay the deficiency, and if more than the full rental is realized lessor will pay over to said lessee the excess upon demand. SEVENTH: In any civil action brought to enforce the provisions of this lease, the party in whose favor a judgment bas been rendered may recover reasonable court costs, including attorney's fees, from the non-prevailing party. t EIGHTH: The lessee agrees that it will pay all charges for ren~ changing the filter on the air conditioning unit, electricity or other illumination., and for all water used on said premises. The lessee agrees also to pay any additional costs incurred from excessive refuse disposal should they OCCW'. Nov 03 06 02:32p Cortland P Brown 941-833-4232 p.4 NINTH: The lessor, or any of his agents, shall have the right to enter the subject rental premises with a 24-hour notice. (except in an emergency) during all reasonable hours, to examine the same to make such repairs, additions, or alterations as may be deemed necessary for the safety, comfort, or preservation thereof, or of said building, or to exhibit said premises and to put or keep upon the doors or windows thereof a notice "For Rent" at any time within thirty (30) d1lys before the expiration of this lease. The right of entry shall likewise exist for the purpose of removing placards, signs, fixtures, alterations, or additions, which do not conform to this agreement, or to the rules and regulations of the building. Landlords shall give tenant prior reasonable notice of their intent to enter premises. TENTH: The Lessee hereby accepts the premises in the condition they are in at the beginning of this lease and agrees to maintain said premises in the same condition, order, and repairs as they are at the commencement of said tenn, excepting only reasonable wear and tear arising from the use thereof nnder this agreement, and to make good to said lessor immediately upon demand, any damage to water apparatus, or electric lights or any fixture, appliances or appurtenances of the said premises, or of the building, caused by any act or neglect of lessees, or any person or persons in the employ or under the control of the lessee. ELEVENTH: It is expressly agreed and understood by and between the parties to this lease that the lessor shall not be liable for any damage or injury by water. which may be sustained by the lessees or any other person. or for any other damage or injury resulting froin the carelessness, negligence, or improper conduct on the part of any other lessees, or agents, or employees, or by reason of the breakage. leakage, or obstruction of the water, sewer, or soil pipes, or other leakage in or about the said building. TWELFTH: If lessees shall become insolvent or if bank:ruptcy proceedings shall be begun by OT against lessees before the end of the lease term, lessor is hereby irrevocably authorized at its option, to forthwith cancel this lease, as for a default. Lessor may elect to accept rent from such receiver, trustee, or other judicial officer during the term of the occupancy in their fiduciary capacity without affecting lessor's rights as contained in this contract, but no receiver, trustee, or other judicial officer shall ever have any right, title, or interest in or to the described property by virtue of this contract. THIRTEENTH: This contract shall bind lessor and their assigns or successors, and the heirs, assigns, administrators, legal representatives, executors or successors as the case may be, of the lessees. FOURTEENTH: It is understood and agreed between the parties hereto that the time is of the essence of this contract and this applies to all terms and conditions contained herewith. FIFTEENTH: It is understood and agreed between the parties hereto that written notice by certified mail or delivered to the premises leased hereWlder shall constitute sufficient notice to lessee, and written notice by certified mail or delivered to the above Nov 03 06 02:33p Cortland P. Brown 941-833-4232 p.5 stated address of lessor shall constitute sufficient notice to the lessor, to comply with the terms of this contract. SIXTEENTH: The rights of the lessor under the foregoing shall be cumulative, and failure on the part of the lessor to exercise promptly any rights given hereunder shall not operate to forfeit any of the said rights. SEVENTEENTH: It is further understood and agreed between the parties hereto that any charges against lessees by lessor for services or for work done on the premises by order of lessees or otherwise accruing under this contract shall be considered as rent due and shall be included in any lien for rent due and unpaid. EIGHTEENTH: It is hereby understood and agreed that any signs or advertising to be used, including awnings, in connection with the premises leased hereWlder shall be first submitted to lessor for approval before instaIlation of same, and maintained in an acceptable condition. NINETEENTH: The lessees, and its customers and invitees, shall have the right, during the term of the lease, to use the parking area or areas owned by the lessor and located. adjacent to the premises, of which the leased premises form a part, in common with the tenants occupying other portions of the entire building. The lessees covenants and agrees, however" that it will not permit its employees or concerns making deliveries to or from the leased premises to use any portion of the parking area or areas other than such reasonable portion as lessor shall set apart for such purpose. The North parking area shall be designated for employee parking, and it shall be most appreciated by all if that regulation is enforced. TWENTIETH: Lessee is a self-insured political subdivision of the State of Florida and shall, at its own expense, at all times during the term of this lease, maintain insurance which will insure the lessor against liability for injury in or death of persons, or loss or damage to their property occurring in or about the demised premises. The insurance coverage shall not waive any immunity lessee bas pursuant to State Statute. TWENTY -FIRST: If the tenant fails to pay rent due and the default continues for three (3) days, excluding Saturdays, Sundays, and legal holidays, after delivery of written demand by the landlord for payment of the rent or possession of the premises, landlord may terminate the rental agreement. The three (3) day notice shall contain a statement in substantially the following form: You are hereby notified that you are indebted to us in the sum of _ dollars for the rent and use of the premises (address of lease premises, including County), Florida, now occupied by you and we demand payment of the rent, or possession of the premises, within three (3) days (excluding Saturday, Stmday,and legal holidays) from the date and delivery of this notice, to wit: on or before the day of 20 - Nov 03 06 02:34p Cortland P. Brown 941-833-4232 p.6 TWENTY-SECOND: In the absence of actual knowledge of abandonment, it shall be presumed that the tenant has abandoned the rental unit if tenant is absent from the premises for a period of time equal to one-half the time for periodic rental payments. However, this presumption shall not apply if the rent is current or the tenant has notified the landlord of an intended absence and there are no breaches outstanding. TWENTY- THIRD: Unless stated otherwise here~ the landlord and tenant shall refer to Florida Statutes Chapter 83, Part I. TWENTY-FOURTH: All notices and payments Wlderthis lease shall be given to: For Landlord: Judy A. Shephard 29438 Saratoga A venue Big Pine Key, FL 33043 For Monroe COWlty: Public Works 11 ()() Simonton Street Key West, FL 33040 OPTION TO RENEW: Lessor grants to lessee an option to renew this lease for a period of four (4) years after the expiration of its original term, on the same conditions of this lease. Lessees shall give lessor ,",ritten notice of its intention to renew this lease thirty (30) days prior to the expiration of this lease. IN 'W'ITNESS WHEREOF, the parties hereto have hereunder executed this instrument for the purpose herein expressed, the day and year above written. Attest: DANNY L. KOLHAGE, CLERK BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Deputy Clerk By: Mayor "Sonny" McCoy SHIPS WAY, INC. BY~~~.&S~&~'.& ~ MONRO COUNTY ATTORNEY AP OVED AS TO FORM: C NAT/lEENE W. CASSEL SSISTANT COUNTY ATTORNEY Date /1'- ~ .t::)~ BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: November 15, 2006 Division: Engineering Bulk Item: Yes L No Department: Facilities Development Staff Contact Person: Maria Graziano AGENDA ITEM WORDING: Approval to apply for "state grant-in-aid assistance" for historic preservation projects and execute if awarded. The purpose is to fund for work at the Old Tavernier School. ITEM BACKGROUND: The State of Florida has announced availability of funds for historic preservation projects. Copies of the funding announcement, application, etc. are attached. The match requirement is fifty percent (50%). If awarded, the funding period will be July 1,2007 through June 30, 2008. PREVIOUS RELEVANT BOCC ACTION: Designation of "Historical and Cultural Landmark" at July, 2000 meeting. Approval of construction project as part of capital plan. CONTRAC~AGREEMENTCHANGES: NM STAFF RECOMMENDATIONS: Approval TOTAL COST: $100,000.00 BUDGETED: Yes -1L No COST TO COUNTY: $50,000.00 SOURCE OF FUNDS: infrastructure sales tax REVENUE PRODUCING: Yes No X AMOUNTPERMONTH_ Year APPROVED BY: County Atty _ OMB/Purchasing _ Risk Management _ DOCUMENTATION: Included X Not Required_ DISPOSITION: AGENDA ITEM # Revised 8/06 Grant Proposal Tavernier Old School was built after the devastating 1935 Florida Keys Hurricane by WP A workers and artists. Built in the unique reinforced concrete and steel anti -hurricane construction style, the building has a lengthy history of use as a school and health center for county residents in the Tavernier area. In July of 2000, the Monroe County Board of County Commissioners gave the Tavernier Old School the designation of "Historical and Cultural Landmark". This building received approval by the Monroe County Board of County Commissioners as a Capital Plan Project for renovation with a total budget of $500,000. In the 2003 GAl Survey, it was identified as a Monroe County historic structure eligible for National Register designation under Categories A and C. Monroe County Facilities Development Department during the planning process contacted The State of Florida Historic Preservation Bureau. They highly recommended that Monroe County pursue the opportunity to apply for historic preservation grant funds for the Old Tavernier School based on the unique construction style and its association with Federal relief efforts following the 1935 hurricane.. The immediate opportunity is the Historic Preservation Grant in Aid program of the Florida Department of State. The application is due December 15, and will be reviewed next spring, with funds becoming available next summer. The maximum grant available is $50,000 and must be matched dollar for dollar within the grant contract period. These funds may be utilized for: architectural planning and design plans that maintain the historical integrity of the building, any stabilization activities such as the restoration of the existing WP A bas relief artwork in the building that are an immediate need, and the fabrication of reproduction hurricane shutters according to the original shutter design. The grant budget may include nomination of the structure to the National Register of Historic Places, since the grant review panel likes for properties to be listed on the National Register if they are going to grant funds for restoration of the structure. Preservation and restoration of this historic building for public use as a community meeting center is a desirable goal that will be well received by the grant review panel. Grant Program Description and Deadlines Grants - Office of Cultural & Historical Programs ~'~O" Page 1 of2 CULTURAL Search Division IKeyword Go I ~ISTORIC^Lm FL Facts Kids! Museum Archaeology Preservation Publications Grants News Preservation Grants ~yluseum Grants Speeal Category Grants Other Information Historic Preservation Grants · 2008 ~lJlqIJ Matching Grants SolicitationJgtter (.pdf) · 2007 Small Matching Funded List (. pdf) · HistQ[ic...Q[~s~rvation--9.rantj:lanelist_nomingtion form(word .doc) · DownlQad an cumJication. · Grant applicgtion deadlines." Purpose To assist in the identification, excavation, protection, and rehabilitation of historic and archaeological sites in Florida; to provide public information about these important resources; and to encourage historic preservation in smaller cities through the Florida Main Street program. Who Can Apply Examples of Projects Types of historic preservation projects that can be funded include Acquisition and Development projects (including excavation of archaeological sites and building rehabilitation, stabilization or planning for such activities); Survey and Planning activities (including surveying for historic properties, preparing National Register nominations, and preparing ordinances or preservation plans); and Community Education projects (such as walking tour brochures, educational programs for school children, videos illustrating historic preservation principles, and Florida Historical Markers). Departments or agencies of the state (including universities), cities, counties and other units of local government, and not-for-profit organizations. Schedule ~' Yat IGtischee Publi.c Archaeolc:sy rhere is one grant cycle annually. It begins on October 1 and ends December lS. Applications must be postmarked by the deadline. Funds are available Ifter July 1. Review Process All applications are evaluated on a competitive basis by Grant Review Panels appointed by the Secretary of State. The applications are evaluated on historic significance, endangerment, appropriateness of the preservation treatment proposed, administrative capability of the organization, adequacy of technical and financial resources, educational potential, economic benefits, and public good resulting from the project. Amount of Typical Grant :p:/ /www.flheritage.com!grants/preservation! 10/24/2006 Grants - Office of Cultural & Historical Programs Page 2 of2 Award/ Requirements for Match The maximum matching grant award is $50,000; however, most grant awards range from $5,000 to $25,000. The grantee will be required to provide a matching share equal to the Grant Award in cash or in-kind services. ~QQYIig!1i@.20Q~tat~ of Florida privacy Stat~ment I C0l1tagj.J2 I Sitem~ Pe~QQ!tlProglltms I Department of State Menu ..:1 Go' p:/ /www.flheritage.com!grants/preservation! 10/24/2006 Grants - Office of Cultural & Historical Programs Page 1 of 1 ~"" CULTUHAL ~, H ISTOH\CAL m Search Division I Keyword Go I FL Facts Kids! Museum Archaeology Preservation Publications Grants News PreserVi3t;on Grants ['1'Jseum Grants SpeCial Category Grants Other Information Historic Preservation Grant Deadlines Cycle · Historic Preservation Small Matching Grants Application Solicitation Period . October 1st to December 15th Deadline for Application Submittal* . December 15th * In the event the closing date of the solicitation period falls on a weekend or State Holiday, the submittal deadline will be on the next business day. Application Review and Ranking** · March/April, by the Historic Preservation Grant Review Panel ** Grant applications for Historic Preservation and Historical Museums small matching grants are reviewed and ranked in public meetings by ad-hoc Grant Review Panels appointed by the Secretary of State. Historic Preservation and Museum Exhibit applications to be funded by General Revenue Appropriation (Special Category) are reviewed and ranked by the Florida Historical Commission appointed by the Governor, President of the Senate and Speaker of the House. Grants are awarded by the Secretary of State, based on the recommendations of the Grant Review Panels and the Florida Historical Commission. Copyrlqht @2006 State of Florida Privacy Statement I Contact Us ISltemap Peo~~ Proqram~ IDepartment of State Menu .:.I GoI tp:/ /www.flheritage.com/grants/preservation! deadlines. din 10/2412006 Notice of Funding Availability FLORIDA DEPARTMENT OF STATE Sue M. Cobb Secretary of State DIVISION OF HISTORICAL RESOURCES October 1, 2006 Dear Friends of Preservation: The purpose of this letter is to announce that the Department of State is soliciting applications for State grant-in-aid assistance for historic preservation projects. The application period extends through December 15, 2006. To be eligible for consideration, applications must be delivered to the Bureau of Historic Preservation, R. A. Gray Building, 500 South Bronough Street, Tallahassee, Florida 32399-0250 not later than 5:00 P.M., December 15, 2006, or be clearly postmarked on or before December 15, 2006, or show evidence of submission to an express mail service on or before December 15,2006. FUNDS A V AILABLE Funding availability will depend upon Legislative Appropriations during the 2007 Legislative Session. Recommended grant awards will range from $920 to $50,000 in matching funds. It is projected that approximately $85,000 will be available for Certified Local Government program grants for conducting survey and planning and community education projects. These funds will comprise the ten percent of Florida's 2007 Federal Historic Preservation Fund apportionment, which must be set aside for the Certified Local Government program, and will be available only to those local governments, which are already certified or meet the criteria specified below. WHO IS ELIGffiLE TO APPLY Eligible applicants include: (a) Departments or agencies of the state (including state universities); (b) Units of county, municipal or other local governments; (c) Any Florida not-for-profit corporation, institution, or organization; and (d) Certified Local Governments or any local government, which has submitted an application to this office by December 15, 2006, which meets all of the criteria for certification set forth in the Florida Certified Local Government Guidelines. 500 S. Bronough Street . Tallahassee, FL 32399.0250 . http://www.nherltage.com (] Director's Office (850) 245-6300 . FAX: 245-6435 (] Archaeological Research (850) 245-6444 . FAX: 245-6436 (I Historic Preservation (850) 245-6333 . FAX: 245-6437 (] Historical Museums (850) 245-6400 . FAX: 245-6433 (] Palm Beach Regional Office (561) 279-1475. FAX: 279-1476 (] St Augustine Regional Office (] Tampa Regional Office (904) 825-5045 . FAX: 825-5044 (813) 272-3843 . FAX: 272-2340 Historic Preservation Grant Solicitation Page 2 Non-secular organizations are eligible to apply for grant-in-aid assistance. However, eligible development activities involving non-secular structures are limited to exterior activities and only those interior activities, which are essential to the preservation of the structural integrity of the structures. PROJECTS ELIGIBLE FOR FUNDING The grant funds will be available to support both Acquisition and Development and Survey and Planning activities. These grant categories are: Acquisition and Development projects include acquisition, preservation, protection, restoration, rehabilitation and stabilization of historical and archaeological sites; also the investigation of archaeological sites, the taking of photographs, the preparation of measured drawings and such other records as are necessary to record historical and archaeological sites and properties threatened with damage or destruction; and planning for eligible Acquisition and Development activities, such as the preparation of plans and specifications. Survey and Planning activities include survey and evaluation of historical and archaeological sites; preparation of data for and the actual listing or registering of historical and archaeological sites in the Florida Master Site File or the National Register of Historic Places; preparation of long-range historic preservation and management plans for historical and archaeological sites; development of automated information systems to facilitate the recording of site data or to facilitate the management of information on other subjects pertaining to historic preservation; community education and community relations projects promoting the preservation of historical and archaeological sites in general; research to study the effectiveness and results of historic preservation programs, methods and techniques; research of historical documents for the purpose of documenting and evaluating the significance of historical and archaeological sites; and use of staff or a private consultant hired through appropriate procurement standards to organize a Certified Local Government program or its components. Other activities may also be eligible for grant assistance. If you have a question about the eligibility of a project or work element, please call the Bureau. GENERAL PRIORITIES Historic Preservation A general goal of the Bureau is to locate, identify and protect the significant historic properties of the state as rapidly as possible to provide a basis for effective preservation planning throughout the state. In addition to the application evaluation criteria outlined in Rule IA-35, Florida Administrative Code ("Historic Preservation Grants-in-Aid"), projects within each category shall be rated on the basis of the following priorities: A. Survey Priorities I. Surveys to identify, evaluate and document historic properties and archaeological sites associated with Florida's minority heritage. 2. Surveys of broad areas where no previous surveys have been undertaken. 3. Surveys located in areas subject to intensive development pressure. 4. Surveys designed to complete comprehensive coverage of areas in which partial surveys have been made. 5. Surveys that address historic themes not covered or under-represented in previous surveys. Historic Preservation Grant Solicitation Page 3 B. Registration (National Register) Priorities 1. Registration of historical resources identified by previous survey acti vity. 2. Registration of properties of national significance. 3. Registration of properties of statewide or local significance. C. PlaIllling Priorities L Development of historic preservation elements (or historic preservation components of coastal management, future land use or housing elements) of Local Government Comprehensive Plans. 2. Development of plans for informing the public as to the economic and other benefits of preserving historical resources. 3. Development of protection tools, such as local ordinances. 4. Implementation of automated information systems to facilitate the recording of site data or information on other historic preservation subjects. D. Community Education Priorities 1. Historic preservation education programs for school children, provided the programs are compatible with the Florida Heritage Education Program. 2. Projects having to do with minority historic preservation. 3. General publications about preservation. 4. Self-guided tours of historic areas. E. Acquisition and Development Priorities 1. Assistance for stabilization or other appropriate preservation treatments for properties which are in imminent danger of being lost due to physical deterioration or planned development. 2. Assistance in the development of plans for the restoration or rehabilitation of properties, particularly those which will be placed in public use. 3. Assistance in the restoration and rehabilitation of properties for which appropriate preservation planning is complete or well underway, particularly those which will be placed in public use. 4. Assistance for restoration or rehabilitation projects which will yield technical innovations which will have application in other projects. Applications for all types of eligible projects are earnestly solicited and encouraged and will be given equal consideration and judged on their merits according to the criteria in Section 1 A-35 .007(2), Florida Administrative Code. SPECIAL PROJECTS In the case of special project areas listed below, the Florida Historical Commission Grant Review Panel may waive matching requirements. The Grant Review Panel also reserves the right to decline to recommend funding for any applications in these areas if, in the judgment of the Bureau and the Panel, the goals of these areas would not be met. Multiple Property Submission! Historic Context development for Florida's Historic Roads and Trails Special consideration will be given for applications to produce a Multiple Property Submission (MPS), including historic contexts and associated property types for Florida's historic roads and trails. The format of the publication will follow a basic outline developed in close consultation with the Division of Historical Resources staff and should include, but not be limited to an extensive background on the development of trails and roads in Florida; an inventory of Florida's significant historic trails and roads; a systematic identification process for previously umecorded trail and road segments; principles and guidelines for the evaluation of these resources and the determination of potential eligibility for listing in the National Register of Historic Places; guidelines for appropriate treatment of these resources; and Historic Preservation Grant Solicitation Page 4 appropriate management goals for the long term preservation of these historic properties. This document must be developed in close consultation with the Division of Historical Resources. Product deliverables will be one electronic copy of the completed MPS and completed Resource Group forms for resources inventoried during this project. Florida Main Street Program Special consideration will be given for grants to national and statewide organizations whose programs assist local redevelopment of historic downtown business districts to assist in the administration and provision of technical assistance within the Florida Main Street Program, and non-matching $10,000 "start-up" grants for newly selected Florida Main Street communities. Multiple Property Submission! Historic Context development for Florida's Post-1950 Architecture After World War II, Florida's growth became exponential as a new wave of settlers came to make the state their home. Fueled by the GI Bill and HUD loans, residential architecture responded to this great need in a variety of ways that capitalized on the standardization of form and material. Throughout the state motorists came in droves seeking the sun, and the roadside motel became an ubiquitous feature of cities, large and small. In individual design, some leading architects abandoned all hints of historicism, and set a new course, creating some of the most exciting and dramatic designs yet to be produced for the Sunshine State. New types found regional expression, as in the Sarasota School and Miami Modem design. Special consideration will be given for applications to produce a Multiple Property Submission (MPS) that includes historic contexts and associated property types for Florida's 1950-1968 architectural resources. The MPS will include an extensive background on the development of Mid-Century Modem architecture, including, but not necessarily limited to the Contemporary, Ranch, International, and Miami Modern styles; biographical information about the major architects; an inventory of Florida's significant examples of such resources; a systematic process for identifying previously unrecorded examples of such resources; and principles and guidelines for evaluating such resources to determine their potential eligibility for listing in the National Register of Historic Places. This document must be developed in close consultation with the Division of Historical Resources. Product deliverables will be one electronic copy of the completed MPS. MATCHING REOUIREMENTS AND PROJECT SUPPORT The above special projects and applications submitted by local governments and community focused not- for profit organizations located in communities that are eligible to request a waiver or reduction of matching requirements as per S.288JJ6561, F.S., are the only potential non-matching grants anticipated. AIl other funding will be awarded in the form of 50/50 matching grants. That is, funds will be given to support up to 50% of the cost of an eligible project, with the other 50% to be provided by the grant recipient (grantee) in the form of cash or allowable in-kind and donated services with a specified cash value. In computing grant match, please note that, while direct administrative costs for conducting grant activities will be considered allowable expenditures, indirect administrative charges, or overhead, will not. In valuing in-kind and donated services, please be sure to use a value that reflects a typical fair market value you would pay if you were purchasing such services. Also. please be aware that you may not nse expenditures of any kind made prior to the 2:rant period as part of your match. It is important that an applicant document support for the project for which funding is requested. Letters of support, endorsements, resolutions, and other documentation evidencing local, regional or statewide support for the project must be included with the application. Historic Preservation Grant Solicitation Page 5 APPLICA TION REVIEW AND PROJECT SELECTION All applications delivered to the Bureau of Historic Preservation by 5:00 P.M., December 15, 2006, or clearly postmarked on or before December IS, 2006 or showing evidence of submission to an express mail service on or before December 15, 2006 will be reviewed for eligibility. All eligible applications will be evaluated on a competitive basis by Florida Historical Commission Grant Review Panels in public meetings scheduled for March 27 - 28,2007 in Tallahassee. The Florida Historical Commission Grant Review Panels will prioritize all applications and recommend a level of funding (full or partial) for each project. In accordance with the Government Performance and Accountability Act of 1994, the Division of Historical Resources is mandated to increase the number of historic and archaeological properties protected or preserved for public use and to increase the attendance at Division produced and sponsored events. As a result, many projects may not be recommended for the full amount requested; rather the Grant Review Panel members may recommend an amount intended as a significant contribution to the project. Final project selection will be made by the Department of State and will depend heavily upon the Grant Review Panels' recommendations. Projects selected for grant awards will be announced by July 1,2007. Grant award al!reements will be forwarded to l!rantees in Julv of 2007. and oroiect work mav not be initiated until a formall!rant award al!reement between the l!rantee and the Department is executed. No work begun before an agreement is signed will be eligible for payment. All expenditures for which payment will be requested must be encumbered or incurred by June 30, 2008. ADDITIONAL INFORMATION If you have any questions regarding proposed projects and the application form, please call the staff of the Bureau of Historic Preservation at 1-800-847-7278 (PAST) or (850) 245-6333. Questions regarding acquisition and development projects should be directed to Phillip Wisley, David Ferro or Crista Hosmer. Questions regarding archaeological projects, historic structures surveys, planning, and community education projects should be directed to Sharyn Heiland. General questions regarding the grants program should be directed to Alissa Slade, Sharyn Heiland, or Crista Hosmer. On behalf of Secretary of State Sue M. Cobb, thank you for your interest in preserving Florida's historical resources. I look forward to hearing from you soon. Sincerely, ~..o....Q. ~. C~ Frederick P. Gaske Director, Division of Historical Resources Historic Preservation Grant Solicitation Page 6 To request an application, complete the form on the next page and return it to the Bureau of Historic Preservation. Please type or print legibly. MAIL TO: Grants and Education Section Bureau of Historic Preservation R. A. Gray Building 500 South Bronough Street Tallahassee, Florida 32399-0250 I would like an application form sent to me at the following address: NAME ORGANIZATION STREET ADDRESS OR POST OFFICE BOX CITY, STATE, AND ZIP CODE DAYTIME PHONE NUMBER The application and instructions are also available on the World Wide Web and can be downloaded as Microsoft Word or Adobe Acrobat files. The address is: http://www.flheritage.comlgrants/preservationlapply .cfrn This program receives Federal [mandal assistance for identification and protection of historic properties. Under Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, and the Age Discrimination Act of 1975, as amended, the U.S. Department of the Interior prohibits discrimination on the basis of race, color, national origin, disability or age in its federally assisted programs. If you believe you have been discriminated against in any program, activity, or facility as described above, or if you desire further information, please write to: Office of Equal Opportunity, National Park Service, 1849 C Street NW, Washington, D.C. 20240. Grant Application PLEASE NOTE THE FOLLOWING REGARDING THE SUBMISSION OF ELECTRONIC AND PHOTOGRAPIDC IMAGES WITH IDSTORIC PRESERVATION GRANTS-IN-AID APPLICATIONS: Item No.7: Photoeraph A 3"x5" photograph or printed image showing the principal view of the project site or a photo that conveys the purpose of the project must be attached to the front page of the Application, in the space provided. Photographs may be color or black and white, and should be clear enough for reviewers to see details. Attachment D: Photoeraphic Imaees Additional photographs or printed images showing the existing conditions of the subject property or site must be submitted under Attachment D of the Application. Intended to aid the Florida Historical Connnission (FHC) in their review of the proposed project, photographs or printed images should be included in each of the thirteen (13) copies of the Application. The images may be color or black and white, and should be clear enough for reviewers to see details. Attachment E: Photoeraph for Presentation The Department requests the submission of a CD containing at least one (1), but no more than three (3), electronic images of the principal view of the subject property to accompany all Applications for Historic Preservation Grants-In-Aid. Images should be submitted as JPEG files no larger than 1.0MB, with a minimum resolution of 300 pixels/inch. Department staff will use the electronic image(s) as a visual aid in the PowerPoint presentation at the public meeting of the FHC. The presentation will feature the image(s) that best depicts the principal view of the subject property or that best conveys the purpose of the project. This may be the same image as that attached to the front of the Application. These images are not a substitute for Item No.7 or for Attachment D, and will not be forwarded to the FHC as part of the Application. Please do not submit slides for this purpose. FLORIDA DEPARTMENT OF STATE Sue M. Cobb Secretary of State HISTORICAL RESOURCES GRANTS-IN-AID APPLICATION Instructions for Form HRJE041 0705 (Effective July 2005) This application should be prepared only after reading the instructions. AU responses must be typed and confined to the spaces provided. Each application submitted must be complete includin re uired attachments) and ostmarked b midni ht of the established deadline. An application package for the Small Matching Grant cycle consists of the oril!inal and 7 complete copies of the application. An application package for a Major Acquisition & Development or Museum Exhibit project to be Funded by an .Appropriation of General Revenue Funds (SPECIAL CATEGORY) consists of an ori!!inal and 12 complete copies. DO NOT SUBMIT THE INSTRUCTIONS WITH YOUR APPLICATION NO BINDERS OR FOLDERS PLEASE Please staple the ap{>lications in the upper left hand corner. Please indicate which of the applications is the onginal (the original application is that which bears the original authorized signatures and original letters of support). MAIL COMPLETED APPLICA nONS TO: Grants and Education Section Bureau of Historic Preservation R. A. Gray Building 500 South Bronough Street Tallahassee, Florida 32399-0250 IF YOU HAVE ANY QUESTIONS. PLEASE CALL: Toll Free at 1-800-847-7278 (850) 245-6333 Suncom: 205-6333 FAX: (850) 245-6437 HISTORICAL RESOURCES GRANTS-IN-AID DEADLINES FOR SUBMISSION Historic Preservation Small Matchine Grants for Acquisition and Development, Survey and Planning, Historic Markers, Community Education, Main Street and Certified Local Government Grants: December 15 Historic Preservation and Historical Museums Special Cateeorv Grants: Mav 31 Applications must be received in the Division offices on or before 5:00 p.m. on the deadline date, or be clearly postmarked on or before the deadline date, or show evidence of submission to an express mail service on or before the deadline date. If the deadline date falls on a weekend or legal holiday, applications may be delivered, postmarked, or submitted to an express mail service on the first following working day. HISTORICAL RESOURCES GRANTS-IN-AID APPLICATION INSTRUCTIONS Page 2 Application Instructions 1. Project Title: The title should reflect the name of the property, area, museum or exhibit, or the type of project proposed (for example, Widow's-WaIk House Rehabilitation, South Mill Neighborhood Survey, South Side Museum, etc.). 2. Applicant: Enter the full name of the applicant organization. Please note that there can be only one applicant per application. 3 & 4 FOR SMALL MATCHING GRANT APPLICATIONS: Amount Requested and Match: Enter the amount of grant funds being requested and the amount of match. Please note that the match must be equal to or exceed the amount of grant funds being requested. Furthermore, the amounts listed here must equal the totals listed for Grant Funds and Matching Funds under Question 29, Project Budget. Detailed documentation of the applicant's match must be addressed in Question 30, and conftrmation of the match must be included as Attachment B. Waiver or Reduction of Match Requirements: Applicants located in counties or communities that have been designated as a rural community in accordance with Section. 288.0656 and 288.06561, Florida Statutes, may request a waiver of matching requirements for small matching grants. Please attach a letter requesting the waiver to the original application. FOR SPECIAL CATEGORY APPLICATIONS: Amount Requested and Local Cost Share: Enter the amount of grant funds being requested and the amount of local cost share. As explained below, preference will be given to those projects in which the applicant documents a commitment to contribute to the total cost of the project resources equal to or greater than the amount of grant assistance requested. IN ALL CASES, THE APPLICANT MUST DOCUMENT A MINIMUM MATCHING CONTRIBUTION OF $50,000 TOWARD THE TOTAL COST OF THE PROJECT. This matching contribution may be in the form of cash, in-kind services, donated services, or donated materials. To document the Local Cost Share, the applicant must clearly describe and confIrm the following contributions to the project: a. The local resources which have directly contributed to the evaluation, preservation, stabilization or restoration of the property (for archaeological sites, use contributions for evaluation, excavation and analysis of recovered material; for historical museums, use contributions for the development of the exhibition or program) during the fIve (5) year period preceding the date of application. These resources may include cash expenditures, in-kind services, the value of volunteer labor or donated materials and services, and, if applicable, the donated or purchase price value of the property. The contribution of the donated or purchase price value of property to local cost share shall be limited to the appraised value of the structure (complete summary appraisal prepared by a Florida State Certified General Real Estate Appraiser) and its footprint (the portion of the site beneath it). In order for the purchase price value to be allowed as local cost share, the applicant must be able to demonstrate full ownership. A purchased property, which is encumbered by a mortgage, may not be used as local cost share. The value of a donated lease may not be used as any portion of the local cost share. For archaeological sites, the contribution must be limited to the appraised value of the area within the site boundaries, as detennined by a professional archaeologist. Expenditures for routine maintenance (i.e. painting, cleaning, etc.) are not allowable contributions to Local Cost Share. HISTORICAL RESOURCES GRANTS-IN-AID APPLICATION INSTRUCTIONS Page 3 b. The local resources available for the project during the period for which funding is requested (funds, in-kind services, pledges of volunteer labor, and donated materials and services). The sum of the contributions described in a and b constitutes the Local Cost Share for the project. Please note that, for staff review purposes, a local cost share comprising less than 50% of the grant amount requested is considered low; at least 50% but less than 100% is considered medium; and 100% or more is considered high. For cities with a population of 10,000 or less and for counties with a population of 75,000 or less, or those counties which have at least three of the economic distress factors listed in Section 288.06561, Florida Statutes, any Local Cost Share from $50,000 to half of the amount of the grant request will be considered medium; any Local Cost Share of $50,000 or more that is greater than half the amount of the grant request will be considered high. In all cases, one copy of the documentation substantiating the Local Cost Share shall be included in the application submission as Attachment B. Documentation of available Local Cost Share must include written commitments from the organizations, agencies or private donor sources identified in your response to this question. Public and private donor commitments contingent upon the award of a grant are acceptable. 5. Project Type: Check onlv one project type. If your organization is seeking funding for more than one type of project, be sure that a separate application is completed for each project. If you plan to seek funding for more than one type of project, contact appropriate grant personnel. 5a) Check this if you are applying for: major historic building restoration/rehabilitation, archaeological excavation and research, or museum exhibit project where the request of grant funds exceeds $50,000 and a minimum Local Cost Share of $50,000 is documented. This type of project is known as Special Category, and is funded by an appropriation of State General Revenue funds. The funding being requested should not exceed $350,000. 5b) Check this if your project is a restoration/rehabilitation of a historic building, restoration planning work, archaeological excavation project, or acquisition of a historic building or archaeological site. A match equal to the requested amount is required. The requested amount may not exceed $50,000. 5c) Check this if your project is the identification and evaluation of historic and/or archaeological resources, production of architectural design guidelines, preparation of National Register nominations, or preservation ordinances. 5d) Check this if your project is a historic preservation-focused educational brochure or booklet; audio-visual product; folklife documentation or oral history project; or is heritage education related. Historic preservation includes any historic or prehistoric site, district, building, object of historical, architectural, or archaeological value, and folklife resources. 5e) Check this if the applicant is a Certified Local Government and the entity is applying for a Survey and Planning or Community Education project. 5f) Check this if your project is funding for the one-time grant for Main Street communities newly designated by the Secretary of State, or if your entity is applying for funds to conduct Main Street program services. 5 g) Check this if the application is in reference to a special project that was announced by the Division of Historical Resources for which the matching requirements have been waived. HISTORICAL RESOURCES GRANTS-IN-AID APPLICATION INSTRUCTIONS Page 4 Communities eligible for the waiver of match requirements for a small matching grant per S.288.06561, F.S. should not check this; they must check the applicable type of project and attach the match waiver request to the application. 5h) Check this if the application is for matching funds for the purchase of an approved State Historic Marker. 6. Project Description: In the space provided, describe the project for which funding is requested. Indicate how you intend to use the funds requested, describing each of the major work items involved and what the end product will be. For Historic Preservation projects, also briefly describe the historic significance of the property or properties for which grant funding is being requested. 7. Photograph: Please attach a 3x5 photograph showing the principal view of the project site or a photo that conveys the purpose of the project on the space provided. Photographs may be black and white or color (glossy prints are preferred). Additional photographs of existing conditions of the project are required as Attachments D and E (see Item 34, Attachment Checklist). 8. Project Information: Please provide location of the project or museum. For remote locations, provide the USGS 7.5 Minute Quadrangle Name and the Section, Township, and Range coordinates in this section. Indicate the county where the project is located. Indicate the population of the community and county where the project is located as determined by the most recent edition of "Florida Estimates of Population." This information is available at your public library . 9. Applicant Information: Enter the applicant's organization name and mailing address, type of applicant (either non-profit or governmental agency), and the name and title of the organization's chief officer in the spaces provided. Not-for-profit organizations must enter their Federal Employer Identification Number in the space provided. State agencies and state universities should enter the appropriate SAMAS Number. Enter the ending date of the applicant organization's fiscal year. Please provide the applicant organization's primary contact person's name, address, daytime phone number, and FAX number in space provided. Enter the primary contact person's email address, if available, and the organization's website address, if available. Note that the primary contact is usually the individual who will be administering the project and will be available to answer questions from Division of Historical Resources staff regarding the proposed project and application. 10. Project Area Representation: Please provide the information requested regarding state legislative and congressional representation for the project location. Be careful to provide accurate and current infonnation. 11. Applicant's Grant History: Indicate whether or not your organization has received prior grant assistance from the Florida Department of State. If yes, provide the year, Division that awarded the grant, title of the project, and amount of award for grants received previous to the date of this application. Attach an additional sheet if necessary. 12. Historical Designation: Indicate the type of historical designation currently held by the project site. For properties that have been listed in the National Register or are contributing sites within a HISTORICAL RESOURCES GRANTS-IN-AID APPLICATION INSTRUCTIONS Page 5 National Register District, please provide the date that the property or district was listed. Please leave this question blank if it does not apply to your project. 13. Local Protection: Indicate the level of local protection currently afforded the project site. Please leave this question blank if it does not apply to your project. 14. Threats to the Project: Provide a brief explanation of immediate threats to the site or area such as proposed demolition, extensive structural damage, on-going site disturbance for archaeological sites, planned re-zoning, etc. Please leave this question blank if it does not apply to your project. 15. Completed Project Activities: Provide a summary of the project related activities that have been completed at the time of the application submittal. Such activities may include architectural studies or plans, preservation planning activities, archaeological research accomplished such as research design or previous excavation or site assessment work, or museum exhibit research and design. II available. one set of completed architectural proiect schematics or construction documents are to be included as Attachment F to the Oril!inal Application. 16. Major Elements and Responsible Entities: Describe the major elements of the project and indicate the entities (i.e. consultant, in-house, volunteers) responsible for each element. Include in your description an estimate of amount of time needed to accomplish each project task. Please note that small matching grants will have up to 12 months in which to complete the project, and Special Category grants will have up to 24 months. 17. Cost of Maintenance: Provide the anticipated annual cost of maintenance of the historic property or archaeological site, or the annual cost of the upkeep of the museum exhibit upon completion of the project, and the source of the funding. 18. Educational Benefits: Indicate how the project will enhance public awareness of historic preservation, Florida history or heritage to the local community and the state at large. 19. Annual Visitation: Indicate the estimated or anticipated number of visitors per year. 20. Benefit to minorities and the disabled: Describe any direct benefit the project will have on a specific ethnic or minority group or the disabled. 21. Direct Economic Impact: Provide an explanation of the direct benefits this project will have on the local economy. Include any information regarding number of jobs it will provide, if known. 22. Acquisition & Development/Special Category Projects or Projects Which are Site Specific: Please provide the information requested for Acquisition and Development/Special Category projects. It is very important that this question be answered for all restoration and rehabilitation projects, including architectural planning projects, and archaeological sites: a) Please attach a copy of the Florida Master Site File Form for the property as Attachment G. b) For historic structures, provide the date(s) of original construction, c) The dates and description of major alterations to the structure, d) The original use of the structure, e) Its current use and, f) The proposed use(s) after completion of the project. g) For archaeological sites, provide the site's cultural affiliation and the dates of use or occupation. h) Provide a statement of significance for the property or site. HISTORICAL RESOURCES GRANTS-IN-AID APPLICATION INSTRUCTIONS Page 6 23. Acquisition of Historic Properties: Enter the full purchase price of the historic property and the appraised value of the property. Please note that the maximum grant share for a Historic Property Acquisition project shall not exceed 50% of the value of the property as determined by a complete summary appraisal prepared by a Florida State Certified General Real Estate Appraiser; the average of two appraisals, if two were obtained; or the average of the closest two appraisals, if more than two were obtained; or 50% of the purchase amount, whichever is less. Onlv the Durchase of the historic buildin!! or archaeolol!ical site is elil!ible for !!rant fundin!!. All c1osin!! costs are the resDonsibiIitv of the aDDlicant or!!anization. The acquisition of a historic property shall be commed to the purchase of the historic structure(s) and that area ofland that the building(s) footprint occupies. The acquisition of additional acreage is not eligible for Historic Preservation grants funding. For archaeological sites, the land to be purchased must be demonstrated by professional archaeological survey to contain the archaeological site that is the subject of the acquisition. The following docwnents must be attached to the application as Attachment H: a) A copy of the complete summary appraisal prepared by a Florida State Certified General Real Estate Appraiser. Two appraisals, as specified above, are required if the first appraisal exceeds $500,000.00; b) A copy of an ownership and encumbrance search; and c) A copy of an executed option or purchase agreement. d) A copy of the certified land survey and (if applicable) a copy of the archaeological survey report justifying the archaeological site acquisition project. 24) Survey and Planning Projects Grants: Enter the types of historical resources to be surveyed. a) Provide the title and publication date of any previous surveys in the survey project area. b) Provide an estimate of the nwnber of Florida Master Site Forms that will be produced by the survey for newly recorded sites and updates of previously recorded sites. c) Enter the acreage of the area to be surveyed. d) For National Register Nominations, indicate the nwnber of anticipated individual nominations and/or district nominations. e) Indicate whether or not a multiple property cover nomination will be produced. 25) Community Education Projects: Please provide the information requested for Community Education projects. a) Describe how audio-visual productions, book(s) pamphlets, or brochures will be marketed or distributed. b) Enter the estimated minutes or pages of the fmal product. c) Enter how many copies of the fmal product will be produced. d) Enter whether or not the product will be sold. If the items are to be sold, enter the estimated per item charge. e) For educational materials, respond to the question regarding local school system involvement. If the answer is "yes", describe their participation to date and anticipated participation in the project. 1) Indicate whether or not the project will be integrated into the Florida Heritage Education Program. HISTORICAL RESOURCES GRANTS-IN-AID APPLICATION INSTRUCTIONS Page 7 g) If you are applying for matching funding for a Florida Historic Marker, please be sure to include copies of your marker application, Form No. HR3El71294, and verification of the review and approval of the marker by the Florida Historic Marker Council as Attachment I. Marker projects, which have not been reviewed and approved by the Florida Historic Marker Council, are not eligible for matching grant assistance. 26.- 28. Museum Exhibit Projects (Special Category Museum Projects): Answer questions 26 - 28 if your organization is seeking funding in excess of$50,OOO for the development and construction of a museum exhibit on Florida History. Attach the completed museum exhibition designs with appropriate sketches as Attachment J. 29. Project Budget: Please list the project work items, indicate the amount of grant funds, and the amount of match (for small matching grants) or local cost share (for Special Category grants) that will be applied to each item, and enter the sum of the two amounts in the corresponding sub-total column. Please enter the total of each column in the space provided. Please note that the total of the grant funds and the match or local cost share should be equal to the Amount of Grant Funds Requested and Match/Local Cost Share Amount entered in Question 3 on the application cover sheet. 30. Matching and Local Cost Share Funds: Matching and Local Cost Share funds may include in- kind services directly involved in project work, the value of volunteer services and donated materials, as well as cash funds. In-kind services may include salary and benefits but not overhead costs or profit. Volunteer services should be valued at a minimum wage unless the donor is performing services in which he or she is regularly employed at a higher prevailing wage. Donated material must be valued at the actual cost. Public funds must be identified by source, that is: appropriated funds, Community Development Block Grant funds, etc. Major private donations, such as from foundations, should be separately identified; otherwise private donations may be listed in lump sum. For small matching grant projects, expenditures made prior to the grant period (that is, prior to the effective date of a fully executed Grant Award Agreement) are not allowable for purposes of match. For Special Category grant projects, expenditures made during the preceding 5 year period are allowable for Local Cost Share purposes; see the instructions for question 3 for an explanation of the computation of Local Cost Share. Note: In listing the items to be paid with grant funds, matching funds or local cost share, please remember: Grant funds cannot be used to reimburse an applicant organization for work undertaken or completed prior to the effective date of a formal Grant Award Agreement. For Small Matching Grants, all the costs, both grant and match funded, must be incurred during the grant period. Costs incurred prior to the grant period and after the grant period has expired will not be eligible for payment with grant funds nor eligible to be credited as part of the grantee's matching share. Eligible Acquisition and Development activities involving religious (non-secular) structures are limited to exterior activities and only those interior activities that are essential to the presen'ation of basic structural integrity. In general, if an item or activity is not considered an allowable grant funded expense, it will not be allowed as part of the applicant's matching or local cost share. Examples of costs that are not allowable: HISTORICAL RESOURCES GRANTS-IN-AID APPLICATION INSTRUCTIONS Page 8 · Cost associated with the preparation of the grant application. . Any costs associated with fund-raising activities. · Costs which do not directly relate to the historic preservation project such as parking improvements, landscaping, and routine maintenance services. · Food and beverage expenses other than authorized travel expenses. · Purchasing of capital equipment such as vehicles, tape recorders, cameras, computers, and video cameras. Where appropriate, such items may be rented or leased during the grant period using either grant or matching funds. · Administrative costs which are not directly related to the grant assisted project or represent in excess of 10% of the grant funds requested. 31. Applicant Certification: The question must be filled out and signed by the duly authorized representative of the applicant organization. Please note the ori2inal of the application is the copy that bears the authorized person's original signature for this and all other applicable Certifications. 32. Owner Concurrence: If the applicant does not own the property which is the subject of the grant assisted project, the owner of record must sign the following statement indicating concurrence with the proposed project and this application for grant assistance. 33. Agreement to Execute Restrictive Covenant (SPECIAL CATEGORY & ACQUISITION PROJECTS ONLY): For projects involving historic properties and those involving archaeological sites which will be maintained subsequent to the completion of the project, the owner, long-term lessee or other responsible party must sign the following statement indicating agreement to execute a 10 year restrictive covenant to run with the property deed, should a grant award be made. 34. A TT ACHMENT CHECKLIST: Please review this listing and provide the applicable information. Please indicate which labeled attachments have been included in the application. Attachment A: Civil Rights Assurance of Compliance fonn: This form has been provided and must be executed by the authorized person for all applications. Attachment B: Documentation of Confinned Match or Local Cost Share: This attachment must contain docwnentation of the match or local cost share listed in Question 29. Documentation should be organized in the same order that it has been listed in Question 30 and should include: · For Commitments of Cash Resources: A letter from the head or executive director of the applicant organization stating that the funds have been reserved and committed to the project. For local governments, a copy of the City Commission or Board of County Commissioners Resolution committing the funds may be attached. · For Commitments of In-Kind Services. Donated Services. or Materials: A detailed explanation of services or materials to be provided including a justification of the value assigned to the services or materials, an explanation of how those services will be used to fulfill the objectives of the project, and the numbers of work hours being pledged must be HISTORICAL RESOURCES GRANTS-IN-AID APPLICATION INSTRUCTIONS Page 9 included. A signed statement from the individual or entity making the commitment must verify each commitment. Note that the per hour value for donated services must be calculated at the Federal Minimum Wage of $5.15 per hour unless a higher rate can be justified based on education, skills or training possessed by the donor. For example, a professional carpenter may donate time for carpentry services at their nonnal rate, or document the amount of their normal fee they are donating to the project. Documentation must be submitted for all commitments of in-kind services, donated or volunteer services or donated materials. · Match or Local Cost Share that is not adeouatelv documented will be disallowed and the amount represented will be deducted from the applicant's matching or local cost share. Attachment C: Letters of Support, Endorsement, or Resolutions: In this attachment you should provide letters of support from your Legislative Delegation, community leaders, and local citizens. The purpose of the attachment is to show support for expenditure of public funds for your project. Individual letters are preferred. Form letters are discoumged and typically do not evidence genuine local support for the proposed project. The number of letters submitted should not overwhelm the application in terms of volume. In most cases, 10 to 20 letters of support are sufficient for an applicant to make the case of broad community or regional support for the project. Letters should be addressed to the Director, Division of Historical Resources, c/o Bureau of Historic Preservation, Grants and Education Section, 500 South Bronough Street, Tallahassee, FL, 32399-0250. Please note that letters of support received by this office, independent from the application or after the application cycle deadline, will be filed with the original version of the application which is retained by the Bureau of Historic Preservation. Such letters will not be transmitted to the reviewing body or collated into the application copies, but will be available to the reviewing body during its meeting. Attachment D: Photographs showing existing conditions of the property or site: Applicants may use this attachment to show details of the project being proposed. The photos may be color or black and white copies, but in all cases should be clear enough for reviewers to see the details. Poor quality photocopies should not be submitted. Attachment E: A photograph showing the principal view of the subject property or an image that conveys the purpose of the project. This image will be shown in the public meeting when the Grant Review Panel or Florida Historical Commission is reviewing your project. This image may be submitted in an electronic format. Attachment F: If completed, architectural project schematics or construction documents (ONE SET ONLY) (ACQUISITION AND DEVELOPMENT and SPECIAL CATEGORY PROJECTS): If your restoration/rehabilitation project has had architectural documents prepared, attach one set as Attachment F to the original application. Attachment G: Copy of Florida Master Site File Form: All site-specific projects must attach a copy of this form. If your historic building or archaeological site has not been recorded in the Florida Master Site File and you need assistance in recording your project site, you may contact the Florida Master Site File at (850) 245-6440, or your can visit the Florida Master Site File web site at http://dhr.dos.state.f1.us/msf/ to learn more about the site file functions and download site file forms for recording your site. Attachment H: For Acquisition projects only: an independent appraisal (two appraisals are required if the value of the first appraisal exceeds $500,000), an ownership and encumbrance search, an executed option or purchase agreement, property survey, and a copy of a HISTORlCAL RESOURCES GRANTS-IN-AID APPLICATION INSTRUCTIONS Page 10 professional archaeological survey if the property is being proposed for purchase as a significant archaeological site. This attachment only applies to projects that are seeking fimds to acquire historic or archaeological properties. Attachment I: For historic marker projects only: Florida Historic Marker Application Form No. HRJEl71294 and verification of review and approval by the Florida Historic Marker Council: This attachment only applies to entities seeking matching funds to assist in the purchase of a Florida Historic Marker. Questions regarding the Historic Marker Program should be directed to the Marker Coordinator, (850) 245-6333. Additional information on the Division of Historical Resources Marker Program can be accessed at: http://dhr.dos.state.fI.uslbhp/markers/. Attachment J: If completed, museum exhibition designs with appropriate sketches (MAJOR MUSEUM EXHIBIT PROJECTS ONLY): This attachment applies to those entities seeking a Museum exhibit grant to be fimded from General Revenue Appropriations (Special Category). Attachment K: For non-profit organizations only, documentation of non-profit status: This attachment applies to all non-profit organizations seeking funding. Information on entities registered with the Florida Department of State's Division of Corporations can be viewed at: http://www.sunbiz.orglcorpweb/inquiry/cormenu.html. Attachment L: Optional Attachments: Applicants may use this attachment to add materials that support the application that have not been specifically requested by the Division of Historical Resources. An optional attachment may consist of examples of previous work or information about the site such an informational brochure. TO WHICH AREAS OF THE APPLICATION SHOULD APPLICANTS RESPOND? Questions 1 through 11: ALL APPLICANTS Question 12: Acquisition and Development Projects or any project that is site specific, including Special Category. Question 13: Acquisition and Development Projects or any project that is site specific, including Special Category. Question 14: ALL APPLICANTS except Museum Exhibit and Historic Marker projects. Question 15: ALL APPLICANTS except Historic Marker projects. Question 16 ALL APPLICANTS except Historic Marker projects. Question 17: Acquisition and Development Projects or any project that is site specific, including Special Category. Question 18: ALL APPLICANTS HISTORICAL RESOURCES GRANTS-IN-AID APPLICATION INSTRUCTIONS Page II Question 19: ALL APPLICANTS if Avvlicable. Most Community Education, or Survey and Planning projects will not be able to respond to this question. Question 20: ALL APPLICANTS except Historic Marker projects. Question 21: ALL APPLICANTS except Historic Marker projects Question 22: Acquisition and Development Projects or any project that is site specific, including Special Category. Question 23: Projects which propose using grant funds to purchase a historic building or archaeological site must respond to this question and provide all the additional infonnation as Attachment H. Question 24: Survey and Planning Grants only or Certified Local Government Applicants seeking funding to conduct Survey and Planning Activities. Question 25: Community Education Grants only or Certified Local Government Applicants seeking funding to conduct Community Education Activities. Historic Marker applicants must attach the Historic Marker Form No. HRJE171294 and verification of review and approval of the marker as Attachment I. Question 26 through 28: Museum Exhibit Grants seeking Special Category Funding Only. Question 29: ALL APPLICANTS Question 30: ALL APPLICANTS Question 31 ALL APPLICANTS Question 32: Applicants seeking Acquisition and Development funding including Special Category for a property or site which the applicant organization does not own must have this completely filled out and signed by the owner or duly authorized representative of the owner. Question 33: Only those applicants seeking Special Category Funding for building restoration or rehabilitation and those seeking funds for the acquisition of historic buildings or archaeological sites respond to this area of the application. END APPLICATION INSTRUCTIONS HISTORICAL RESOURCES GRANTS-IN-AID APPLICATION 1) PROJECT TITLE: 2) APPLICANT ORGANIZATION: 3) AMOUNT of GRANT FUNDS REQUESTED: $ 4) MATCHlLOCAL COST SHARE AMOUNT: $ 5) PROJECT TYPE (CHECK ONE PLEASE) a) 0 MAJOR ACQUISITION & DEVELOPMENT or MUSEUM EXHIBIT GRANT to be FUNDED FROM GENERAL REVENUE APPROPRIA nON (SPECIAL CA TEGORY) b) 0 ACQUISITION & DEVELOPMENT c) 0 SURVEY & PLANNING d) 0 COMMUNITY EDUCATION e) 0 CERTIFIED LOCAL GOVERNMENT f) 0 MAIN STREET g) 0 NON-MATCHING h) DHISTORlC MARKER 6) In the space provided below, briefly describe the project and the property or properties for which funding is requested: 7) Attach a 3x5 photograph of the principal view of the property Florida Department Of Stale Division of Historical Resources Form HR3E0410705 (Effective July 2005) HISTORICAL RESOURCES GRANTS-IN-AID APPLICATION PAGE 2 8) PROJECT LOCATION INFORMATION: STREET ADDRESS and CITY: COUNTY WHERE PROJECT IS LOCATED: CO.MMUNITY POPULATION' 9) APPLICANT INFORMATION: ORGANIZATION NAME: COUNTY POPULATION- ADDRESS: CITY: STATE: ZIP: TYPE OF APPLICANT: D NON-PROFIT ORGANIZATION D GOVERNMENTAL AGENCY,' NAME AND TITLE OF ORGANIZATION'S CHIEF OFFICER: APPLICANT'S FEDERAL EMPLOYER IDENTIFICATION NO: SAMAS NO.: (STATE AGENCIES ONL Y) ENDING DATE OF APPLICANf ORGANIZATIONS FISCAL YEAR: DESIGNATED PROJECT CONTACT: ADDRESS: CITY: STATE' 7TP. DAYTIME TELEPHONE NO: L-J _- _ EXT._ FAX NUtvIDER:.L) __ _ EMAIL ADDRESS: ORGANIZATIONS WEBSITE ADDRESS: 10) Florida Legislative and U. S. Congress Information State House Of Representatives District Number And Name Of Representative For Project Location. DISTRICT NillvffiER(S): _ REPRESENTATIVE: State Senate District Number And State Senator For The Project Location: DISTRICT NillvffiER(S): - SENATOR: Congressional District Number And Name Of U.S. Congressional Representative For The Project Location DISTRICT NUMBER(S):_ CONGRESSMAN: lllSTORICAL RESOURCES GRANTS-IN-AID APPLICATION PAGE 3 11) APPLICANT'S GRANT HISTORY: Has the applicant received previous grant assistance from the Department of State? If yes, specify the year, the project name, the Division that awarded the grant and the amount of the award. YEAR DIVISION PROJECT NAME A WARD 12) INDICATE EACH TYPE OF HISTORICAL DESIGNA nON CURRENTLY HELD BY THE PROJECT SITE: o Individual National Register Listing Date Listed: o National Register District - Contributing Site Date of District Listing: o Determined Eligible or Potentially Eligible (per Florida Master Site File) o Individual Local Designation 0 Local District Designation - Contributing Site 0 None Of The Above 13) INDICATE THE LEVEL(S) OF LOCAL PROTECTION CURRENTLY AFFORDED THE SITE/AREA: o Local Ordinance 0 Local Ordinance Design Review 0 Preservation Or Conservation Easement o Protective Covenant 0 Maintenance Agreement Other: (Specify) 14) Provide a brief explanation of Immediate Threats to the site or area such as proposed demolition, extensive structural damage, on-going site disturbance for archaeological sites, planned re-zoning, etc. 15) Describe the Proiect Activities completed to date: HISTORICAL RESOURCES GRANTS-IN-AID APPLICATION PAGE 4 16) Describe the major elements of the project and indicate the entities (i.e. Consultant, in-house, volunteers) responsible for each element. Include in your description the estimated amount of time to accomplish each task (Note: Grants awardedfrom the Division Historical Resources Operating Trust Fund will have 12 months in which to complete the project. Grants awardedfrom an appropriation of State General Revenue Funds will have 24 months). 17) What is the anticipated annual Cost Of Maintenance of the Historic Property, Archaeological Site, or Museum Exhibit upon completion of the project; and what is the source of the funding? 18) Provide a brief description of the Educational Benefits this project will have on the local community and the state. 19) What is the estimated Annual Visitation. for the project site? HISTORICAL RESOURCES GRANTS-IN-AID APPLICATION PAGE 5 20) Provide a brief explanation indicating the direct impact of this project on minorities and the disabled. Include any alterations to the site that will make the site more accessible to the public. 21) Provide a brief explanation of the Direct Economic Impact this project will have on the SUITotlllding community. Include any infonnation regarding number of jobs it will provide, if knO\VIl. 22) SITE SIGNIFICANCE (FOR ALL ACQUISITION & DEVELOPMENT/SPECIAL CATEGORY PROJECTS or PROJECTS WillCR ARE SITE SPECIFIC): a) For Historic Structures and Archaeological Sites, Enter the Florida Master Site File Nwnber: (Attach copy of the Site File Form as Attachment G) b) For Historic Structures, Date of the Original Construction: c) For Historic Structures, Date(s) and Description of Major Alterations: d) Original Use of Historic Structure: e) Current Use of Historic Structure: t) Proposed Use of Historic Structure: g) For Archaeological Sites, Provide the Cultural Affiliation of the Site and Dates of Use or Occupation: h) Provide a statement of significance for the property/site: rnSTORICAL RESOURCES GRANTS-IN-AID APPLICATION PAGE 6 23) Acquisition of Historic Prooerties Full Purchase Price of the Historic Property: Appraised Value of the Property: The maximum grant share for Historic Property Acquisition project shall not exceed 50% of the value of the property as determined by the appraisal; the average of two appraisals, if two were obtained; or the average of the closest two appraisals, if more than two were obtained; or 50% of the purchase amount, whichever is less. Please refer to the Application Instructions for additional documents required for an acquisition project to be included as Attachment H 24) SURVEY & PLANNING GRANTS: For Surveys, indicate the types of historical resources to be surveyed. a) Provide the title and publication date of any previous surveys in the SUlVey project area. b) Provide an Estimate of How Many Florida Master Site File Forms will be produced: Newly Recorded Sites: Florida Master Site File Updates' (Note: Surveys that record or update more than 35 site locations must produce paper Florida Master Site File forms and also submit the site file data in the electronic data entry program SmartFonn provided by the Florida Master Site File.) c) Enter the Acreage of the area to be surveyed: d) For National Rt!2ister Nominations, indicate the number of anticipated: Individual Nominations: District Nominations: e) Will a multiple property cover nomination be produced? 0 Yes 0 No 25) FOR ALL COMMUNITY EDUCATION PROJECTS: a.) For Audio-Visual Productions. Books. Pamphlets. Walkine: Tour Brochures, etc" Explain how the product will be Marketed and/or Distributed: b.) How many minutes/pages is the product? c) How many copies of the product will be produced? HISTORICAL RESOURCES GRANTS-IN-AID APPLICATION PAGE 7 d) If the printed/media materials are proposed for distribution, will there be a per item charge? 0 Yes 0 No. If Yes, provide the estimated charge, e) For Educational Materials, is the local school system actively involved in your project? 0 Yes 0 No, If Yes, describe their participation to date and anticipated participation in this project. f) Do you intend to integrate your project into the Florida Heritage Education Program? 0 Yes 0 No. g) HISTORIC MARKERS For Historic Markers, include Form No. HRJE171294 from the Bureau of Historic Preservation as Attachment L 26) FOR ALL MUSEUM EXHIBITS PROJECTS (SDecial Catel!orv Museum Projects): a.) In the space below, describe the Florida History museum exhibit for which funding is requested. b) Provide an estimated of the square footage of the museum exhibit being proposed: 27) Justification of Historical Theme: Explain why this exhibit is important to Florida History mSTORICAL RESOURCES GRANTS-IN-AID APPLICATION PAGE 8 28) Detailed Description of exhibit work: Describe each of the following major elements of the exhibit in sufficient detail to demonstrate how the exhibit will be implemented and what methods will be used to achieve your goals. Include research, artifact selection, text/script, design, fabrication, installation, educational programming, promotion and maintenance. Attach completed museum exhibition designs with appropriate sketches as Attachment J. HISTORICAL RESOURCES GRANTS-IN-AID APPLICATION PAGE 9 29) PROJECT BUDGET BUDGET ITEMS GRANT MA TCHING FUNDS or SUB-TOTAL FUNDS LOCAL COST SHARE $ $ $ 0.00 $ $ $ 0.00 $ $ $ 0.00 $ $ $ 0.00 $ $ $ 0.00 $ $ $ 0.00 $ $ $ 0.00 $ $ $ 0.00 $ $ $ 0.00 $ $ $ 0.00 $ $ $ 0.00 $ $ $ 0.00 $ $ $ 0.00 $ $ $ 0.00 $ $ $ 0.00 $ $ $ 0.00 $ $ $ 0.00 $ $ $ 0.00 $ $ $ 0.00 $ $ $ 0.00 $ $ $ 0.00 $ $ $ 0.00 TOTALS $ 0.00 $ 0,00 $ 0.00 HISTORICAL RESOURCES GRANTS-IN-AID APPLICATION PAGE IO 30) Matching and Local Cost Share Funds: List the sources and amounts of confmned matching funds. (For items involving personnel, indicate the number of hours to be spent on project activities with their per/hour value and the project activities to be peIformed.) For matching grant projects, funds must not be expended before execution of a Grant Award Agreement. For Special Category grant projects, clearly indicate 1) the resources contributed to the project during the preceding five (5) year period and 2) the resources available for the project during the period for which funding is requested. HISTORICAL RESOURCES GRANTS-IN-AID APPLICATION PAGE 1I CERTIFICATIONS 31) Applicant certification: This certification must be signed by the duly authorized representative of the applicant organization or agency before the application will be considered for funding assistance. I certifY that the information contained in this application is true and correct to the best of my knowledge, and that I am the du1y authorized representative of the applicant. Name (type or print) Agency or organization Title Signature Date 32) Owner concurrence: If the applicant does not own the property, the owner of record must sign the following statement indicating concurrence with the proposed project and this application for grant assistance. I, the lUldersigned, am the owner of the property identified under item 8) Pro;ect Information on Page Two of this application and hereby acknowledge my support for and full concurrence with this application. Name (print or type) Signature Date Address City State Zip Daytime telephone FAX Nwnber 33) Agreement to Execute Restrictive Covenant (SPECIAL CATEGORY & ACQUISITION PROJECTS ONLY): For projects involving historic properties and those involving archaeological sites which will be maintained subsequent to the completion of the project, the owner, long-term lessee or other responsible party must sign the following statement indicating agreement to execute a 10 year restrictive covenant to run with the property deed, should a grant award be made. I, the lUldersigned, am the duly authorized representative of the _ owner, _ long-term lessee, or _ other organization or agency having responsibility for maintenance of the property identified lUlder item 8) Pro;ect Information on Page Two of this application subsequent to completion of the project for which funding is requested. I hereby indicate agreement to execute a restrictive covenant through which the organization or agency I represent will commit to maintenance of the referenced property in accordance with good preseIVation practice and the applicable standards and guidelines of the Secretary of the Interior for a period of ten years. I further agree that the organization or agency will not make any modifications to the property (other than routine repairs and maintenance) without review of the plans and specifications by the Bureau of Historic PreseIVation and that every effort will be made to design any modifications in a manner consistent with the applicable standards and guidelines of the Secretary of the Interior. Name (print or type) Title Signature Date Address City State Zip Daytime telephone FAX Nwnber HISTORICAL RESOURCES GRANTS-IN-AID APPLICATION PAGE 12 A TT ACHMENT CHECKLIST 34) The following supporting documents are attached to this application: D Attachment A: Civil Rights Assurance of Compliance form . D Attachment B: Documentation of ConfIrmed Match or Local Cost Share D Attachment C: Letters of Support, Endorsement, or Resolutions. D Attachment D: Photographs describing the existing condition of the property or site. D Attachment E: A photograph showing the principal view of the subject property or an image that conveys the purpose of the project It will be shown in the public meeting when the Grant Review Panel or Florida Historical Commission reviews your project May be submitted in an electronic format. D Attachment F: If completed, architectural project schematics or construction documents (ONE SET ONLY) (ACQUISmON AND DEVELOPMENT and SPECIAL CATEGORY PROJECTS). D Attachment G: Copy of Florida Master Site File Form. D Attachment H: For Acquisition projects only: A complete summary appraisal prepared by a Florida State Certified General Real Estate Appraiser (two appraisals are required if the value of the first appraisal exceeds $500,000), an ownership and encumbrance search, an executed option or purchase agreement, property survey, and (if applicable) a copy of a professional archaeological survey if the property is being proposed for purchase as a significant archaeological site. D Attachment I: For historic marker projects only: Florida Historic Marker Application Form No. HRJEJ 71294 and verification of review and approval by the Florida Marker Council D Attachment J: If completed, museum exhibition designs with appropriate sketches (MUSEUM EXHIBIT PROJECTS ONL Y). D Attachment K: For non-profIt organizations only: documentation of non-profIt status. D Attachment L: Optional Attachments HISTORICAL RESOllRCES GRANTS-IN-AID APPLICATION PAGE 13 ATTACHMENT A U.S. DEPARTMENT OF THE INTERIOR NATIONAL PARK SERVICE CIVIL RIGHTS ASSURANCE OF COMPLIANCE (hereinafter called "Applicant-Recipient") hereby agrees that it will comply with Title VI of the Civil Rights Act of 1964 (p.L. 88-352) and all requirements imposed by or pursuant to the Department of the Interior Regulations (43 CFR 17) issued pursuant to that title, to the end that, in accordance with Title VI of the Act and the Regulations, no person in the United States shall, on the grounds of race, color, or national origin be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the Applicant-Recipient receives fmancial assistance from the Florida Department of State and hereby gives assurance that it will immediately take any measures to effectuate this agreement. The Applicant-Recipient also agrees to comply with Section 504 of the Rehabilitation Act of 1973 and the Age Discrimination Act of 1975 and all requirements imposed by or pursuant to the Department of the Interior Regulations (43 CFR 17) issued pursuant to these titles, to the end that, no person in the United States shall, on the grounds of disability or age be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the Applicant-Recipient receives fmancial assistance from the National Park Service and hereby gives assurance that it will immediately take any measures to effectuate this agreement. If any real property or structure thereon is provided or improved with the aid of Federal fmancial assistance extended to the Applicant-Recipient by the Florida Department of State, this assurance obligates the Applicant-Recipient, or in the case of any transfer of such property, any transferee for the period during which the real property or structure is used for a purpose involving the provision of similar services or benefits. If any personal property is so provided, this assurance obligates the Applicant-Recipient for the period during which it retains ownership or possession of the property. In all other cases, this assurance obligates the Applicant-Recipient for the period during which the Federal fmancial assistance is extended to it by the Florida Department of State. This assurance is given in consideration of and for the purpose of obtaining any and all Federal grants, loans, contracts, property discounts or other Federal fmancial assistance extended after the date hereof to the Applicant-Recipient by the bureau or office, including installment payments after such date on account of arrangements for Federal fmancial assistance which were approved before such date. The Applicant-Recipient recognizes and agrees that such Federal fmancial assistance will be extended in reliance on the representations and agreements made in this assurance, and that the United States shall reserve the right to seek judicial enforcement of this assurance. This assurance is binding on the Applicant- Recipient, its successors, transferees, and assignees, and the person or persons whose signature appear below are authorized to sign this assurance on behalf of the Applicant-Recipient. Dated Applicant-Recipient By (President, Chairman of Board or Comparable authorized Official) APPLICANT-RECIPIENT'S MAILING ADDRESS Project Proposal c <!) c C <1J 9 <1J E ~ 0 <1J E <1J :;= N E <1J 0> <1J <1J 0 ;; 0 :;= Q) 0> ro 0 c C N N <1J J:: 0> ro c 0 0 ;; "? c (j ro c ro N 0 N N 0 OJ c ro ::; ;; N C; "? M U; 0 :;= '" ro ::; 0 N <1J 0> ::; C ~ U; C; 0 M 0 d::, C; C 0> C 0 ro "? "? N 0 M 00 I c.b U; C; 0 0 0 c 9 -n ll. M (/J <!) U; ro 0 t5 ;:; 0 N C; M "? 0 0 <!) <!) .s u 2 "6. <!) 0 UJ () <.9 M 0 0 2 u; C- o 0 <!) <!) y .,j. 0 ll.. 0 2 ll. 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N N N I{) <1J Q) 0 ro UJ 0 N N N N in in U: -, ::; ::; Z 0 ii5 I- BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: November 15. 2006 Division: Emergency Services Bulk Item: Yes X No Department: Fire Rescue Staff Contact Person: Darice Hayes AGENDA ITEM WORDING: Approval of Addendum 1 to the Collectively Bargained Agreement - Unit One to add Exhibit C, Firefighter I Paramedic Repayment Agreement per paragraph 16.4.3 of said Agreement between the Professional Firefighters of Monroe County, IAFF, Local 3909 and Monroe County Board of County Commissioners (MCBOCC) approved by the Board on December, 21, 2005. ITEM BACKGROUND: Article 7 of the Collectively Bargained Agreement - Unit One states that individuals for whom the County provides the opportunity to attend either a minimum standards frrefighting academy (paragraph 7.1.4) or the opportunity to obtain certification as a Paramedic (paragraph 7.3.4) at the County's expense shall be required to enter into a repayment agreement. The terms and conditions of the repayment agreement shall be substantially in the form attached to the Agreement as Exhibit C. When the Collectively Bargained Agreement was approved on December 21, 2005, Exhibit C was not yet developed, and the Agreement allowed for it to be added at a later date by mutual agreement (Paragraph 16.4.3). PREVIOUS RELEVANT BOCC ACTION: On December 21,2005 the Board approved a contract with the Professional Firefighters of Monroe County, IAFF, Local 3909 for Unit One covering Emergency Medical Technician, Paramedic, FirefighterlEMT, FirefighterlParamedic, and Airport Rescue Firefighter. CONTRACT/AGREEMENT CHANGES: The Firefighter I Paramedic Repayment Agreement Exhibit C (IAFF Collectively Bargained Agreement - Unit One) is being added as part ofthe original Unit One Agreement. STAFF RECOMMENDATIONS: Mutual agreement has been reached between the President of the Professional Firefighters of Monroe County, IAFF Local 3909, and the Chief Executive Officer for Monroe County to incorporate Exhibit C as written and recommends approval by the MCBOCC. TOTAL COST:N/A BUDGETED: Yes _ No COST TO COUNTY:NI A SOURCE OF FUNDS:N/A REVENUE PRODUCING: Yes No X AMOUNT PER MONTH Year APPROVED BY: County Atty YES OMBlPurchasing N/A Risk Management N/A DOCUMENTATION: Included X Not Required_ DISPOSITION: AGENDA ITEM # Revised 8/06 MEMORANDUM ATTACHMENT TO AGENDA ITEM SUMMARY Meeting Date: November 15. 2006 Division: Emergency Services Bulk Item: Yes X No Department: Fire Rescue Staff Contact Person: Darice Hayes AGENDA ITEM WORDING: Approval of Addendum 1 to the Collectively Bargained Agreement - Unit One to add Exhibit C, Firefighter / Paramedic Repayment Agreement per paragraph 16.4.3 of said Agreement between the Professional Firefighters of Monroe County, IAFF, Local 3909 and Monroe County Board of County Commissioners (MCBOCC) approved by the Board on December 21, 2005. ITEM BACKGROUND: Article 7 (which discusses Certification, Standards, and Training) of the Collectively Bargained Agreement - Unit One states that individuals for whom the County provides the opportunity to attend either a minimum standards fire fighting academy (Paragraph 7.1.4) or the opportunity to obtain certification as a Paramedic (paragraph 7.3.4) at the County's expense shall be required to enter into a repayment agreement. The terms and conditions of the repayment agreement shall be substantially in the form attached to the Agreement as Exhibit C. When the Collectively Bargained Agreement was approved on December 21,2005, Exhibit C was not yet developed, and the Agreement allowed for it to be added at a later date by mutual agreement (Paragraph 16.4.3). Upon review by the County Attorney's office, the provisions of Exhibit C pursuant to Paragraph 7.1.1 and 7.3.1 of the Unit One Agreement shall be retroactive to September 1, 2006 and applicable to Trainees hired after that date. PREVIOUS RELEVANT BOARD ACTION: On December 21,2005 the Board approved a contract with the Professional Firefighters of Monroe County, IAFF, Local 3909 for Unit One covering Emergency Medical Technician, Paramedic, FirefighterlEMT, FirefighterlParamedic, and Airport Rescue Firefighter. CONTRACT/AGREEMENT CHANGES: The Firefighter / Paramedic Repayment Agreement Exhibit C (IAFF Collectively Bargained Agreement - Unit One) is being added as part of the original Unit One Agreement. STAFF RECOMMENDATIONS: Mutual agreement has been reached between the President of the Professional Firefighters of Monroe County, IAFF Local 3909, and the Chief Executive Officer for Monroe County to incorporate Exhibit C as written and recommends approval by the MCBOCC. 3052923516 MONROE COUNTY A TT 03;36;39 pm, 11-09-2006 111 ' ADDENDUM 1 TO THE COLLECTIVEL Y BARGAINED AGREEMENT - UNIT ONE TO ADD EXlDBIT C FIREFIGHTER I PARAMEDIC REPAYMENT AGREEMENT 1. Pursuant to the Collectively Bargained Agretlment - Unit One between the Board of COWlty Commissioners of Monroe County, Florida and the Professional Firefighters of Monroe County. IAFF Local 3909 executed on December 21. 2005'paragrnph 16.4.3, an Exhibit C - Repayment Agreement was to be added at a later date by mutual agreement. 2. Exhibit C is attached hereto and incorporated into the above referenced Collectively Bargained Agreement - Unit One executed on December 21, 2005. 3. Repayment pursuant to Paragraph 7.1.1 and 7.3.1 according to the provisions of Exhibit C shall be retroactive to September I, 2006, and applicable to Trainees hired after that date. Barl!ainiDI! Al!ent Professional Firefighters of Mooroe County, IAFF Local 3909 By: President Date: Chief Executive Officer By; Tom Willi, County Ad:ministrator Date: BOARD OF COUNTY COMMlSSIONERS OF MONROE COUNTY, FLORIDA By: Mayor Date: ATTEST: DANNY L. KOLHAGE, Clerk of Court Deputy Clerk By: SUSAN M. G SLEY ASSISTANT COUNTY ATTORNEY Date J1.Arz/, Il, e:lon C. . Date: FIREFIGHTER/ PARAMEDIC REPAYMENT AGREEMENT EXHIBIT C (IAFF Collectively Bargained Agreement - Unit One) EMPLOYEE NAME , hereinafter refened to as TRAINEE, agrees as follows: COUNTY WILL ARRANGE FOR TRAINING The COUNTY agrees to send TRAINEE to (check one): DFirefighter training DParamedic training to be held at day of commencing on or about ,20_, WAGES FOR FIREFIGHTER TRAINEES (Section 7.1.1) A. The COUNTY will pay the TRAINEE a base salary equal to ninety percent (90%) of the base salary of an entry level Firefighter/EMT during TRAINEE'S satisfactory attendance and performance of all of TRAINEE'S duties. When the TRAINEE successfully completes the Florida State Fire Marshal's Bureau of Fire Standards & Training examination for certification as a Florida State Firefighter, and meets all other requirements for Florida certification as a Firefighter, then TRAINEE will be paid 100% of the base salary rate for FirefighterlParamedic. B. If TRAINEE does not complete all requirements to become a Florida certified Firefighter within one year of TRAINEE'S date of hire, then the Fire Chief, at his discretion, may recommend termination of the TRAINEE. WAGES FOR PARAMEDIC TRAINEES (Section 7.3.1) A. The COUNTY will pay the TRAINEE a base salary equal to ninety percent (90%) of the base salary of an entry level FirefighterlParamedic during TRAINEE'S satisfactory attendance and performance of all of TRAINEE'S duties. When the TRAINEE successfully completes the Florida Department of Health Paramedic examination for certification as a Florida State Paramedic, and meets all other requirements for Florida certification as a Paramedic, then TRAINEE will be paid 100% ofthe base salary rate for FirefighterlParamedic. B. rfTRAINEE does not complete all requirements to become a Florida celiified Paramedic within one year of TRAINEE'S commencement of the course, then the Fire Chief, at his discretion, may recommend termination of the TRAINEE. 10f3 TUITION, BOOK, AND OTHER COST OF TRAINING TRAINEE agrees to reimburse the COUNTY for tuition, books and training materials, (hereinafter refened to as TRAINING COSTS), paid by the COUNTY on TRAINEE'S behalf, if: A. TRAINEE withdraws from the course, or fails to complete the course in a timely fashion, or; B. TRAINEE fails to obtain his or her certification :from the Florida State Fire Marshal's Bureau of Fire Standards & Training (Firefighter certification) within 12 months after date of hire, or; C. TRAINEE fails to obtain his or her certification from the Florida Department of HeaIth (Paramedic certification) within 12 months after completion of the course, or; D. TRAINEE voluntarily resigns or abandons his or her position before working as a certified Paramedic or Firefighter for Monroe County Fire Rescue for a period of two (2) years from celiification date, or; E. The Fire Chiefrevokes the appointment of the TRAINEE with cause during the TRAINEE'S enrollment in course. REPAYMENT SCHEDULE Repayment is pro-rated depending upon the length of employment following certification according to the following schedule: · Within 6 months: Repayment of 100% of the full amount of TRAINING COSTS · Within 12 months: Repayment of75% of the full amount of TRAINING COSTS · Within 18 months: Repayment of 50% ofthe full amount of TRAINING COSTS · Within 24 months: Repayment of25% ofthe full amount of TRAINING COSTS If TRAINEE successfully completes the course and satisfactorily performs his or her duties as a Paramedic or Firefighter as required herein, then the COUNTY/Fire Chief agrees that TRAINEE shall have no further financial obligation as a result of any payment made to TRAINEE, or on his or her behalf, pursuant to this Agreement. TRAINEE TO PAY COSTS OF COLLECTION TRAINEE agrees to pay the COUNTY all reasonable costs of collection and attorney's fees inculTed by him in the event the COUNTY is obliged to collect any funds advanced to TRAINEE pursuant to this Agreement. 20f3 SEVERABILITY CLAUSE If any part of this Agreement is ruled to be unenforceable, the remaining patis of the Agreement shall still be legally binding. THIS IS INTENDED TO BE A LEGALLY BINDING DOCUMENT. READ IT CAREFULLY. DO NOT SIGN IT IF YOU DO NOT UNDERSTAND IT, OR IE YOU ARE NOT WILLING TO BE BOUND BY ITS TERMS. Fire Chief Monroe County Fire Rescue, Florida Signature (Chief) Signature (TRAINEE) Print Name Print Natne ACKNOWLEDGEMENT BEFORE ME, the undersigned authority, personally appeared, who identified himselfi'herself to me and produced satisfactory proof of identification, and acknowledged to me that he/she executed the foregoing agreement freely, voluntarily, and for the purposes therein expressed. Dated this Flolida. day of , 20 at Commission Expires: Notary Public, State of Florida 30f3 .;;, COLLECTIVELY BARGAINED AGREEMENT - UNIT ONE AGREEMENT BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA AND THE PROFESSIONAL FIREFIGHTERS OF MONROE COUNTY, IAFF LOCAL 3909 - THIS COLLECTIVELY BARGAINED AGREEMENT is entered into by the Board of County Commissioners of Monroe County, Florida (hereinafter "County" or "Employer") and the Professional Firefighters of Monroe County, International Association of Firefighters, Local 3909 (hereinafter "Union", "Employee Organization", "Organization", or "Bargaining Agent") pursuant to the authority of Part II, Chapter 447, Florida Statutes; and hereafter this Agreement may be referred to as the "Unit One Agreement." ARTICLE 1: INTRODUCTORY MATTERS. 1.1 Purpose. The purpose of this Agreement is to set forth terms and conditions of employment of the public employees Union and for the operation of the Fire/Rescue Services provided by the County. Further, it is the intent of this Agreement to promote effective protection of the residents of and visitors to Monroe County; to provide for the safety of the employee in the performance of his or her duties; to insure the economy in the operation of the Fire/Rescue Services; to provide for the cleanliness, maintenance, and proper care of equipment; to establish procedures for the fair and peaceful adjustment of differences between the employee or Union and the County that may arise from time to time; and to promulgate rules and regulations for ethical conduct in business and relations between the employees, the Union, and the County. Finally, it is the intent of this Agreement to provide for a great degree of harmony and understanding between the County, the employee, and the Union. 1.2 Recognition and Certification of Union: Management Rights. 1.2.1 Union Selection and Reauest. The Union is the employee organization which has been selected by a majority of the Fire/Rescue Services employees of the County for purposes of collective bargaining with the County and, in accordance with Section 447.307(1)(a), Florida Statutes, the Union has requested the County to recognize the Union as the bargaining agent for the said employees. 1.2.2 Union Recognition. The County is satisfied as to the majority status of the Union and the appropriateness of the proposed unit in accordance with Section 447.307(1)(a), Florida Statutes 1.2.3 Certification. The Florida Public Employees Relations Commission ("PERC") has reviewed the petition of the Union for certification, has determined the appropriateness of the unit, and has certified the Union as the exclusive representative of all employees in the unit. A copy of the certification documentation is attached to this Agreement as Exhibit A. 1.2.4 Unit Determination. The unit covered by this Agreement has been determined to include County employee positions of Emergency Medical Technician ("EMT"), Paramedic, Firefighter/EMT, Firefighter/Paramedic, and Airport Rescue Firefighter. For convenience to the Union and County, this unit may be referred to as Unit One or Unit 1. Page 1 of 40 COLLECTIVELY BARGAINED AGREEMENT - UNIT ONE AGREEMENT BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA AND THE PROFESSIONAL FIREFIGHTERS OF MONROE COUNTY, IAFF LOCAL 3909 1.2.5 Exclusive Manaaement Riahts. Section 447.209, Florida Statutes, provides the County with the authority to determine unilaterally the purpose of each of its constituent departments and divisions, set standards of services to be offered to the public, and exercise control and discretion over its organization and operations. The County also has the right to direct its employees, take disciplinary action for proper cause, and relieve employees from duty because of lack of work or for other legitimate reasons. In matters not covered specifically by language within this Agreement, the County shall have the right to make decisions in such areas on a unilateral basis, and such decisions shall not be subject to any grievance procedure, except as to whether a specific matter is a management right, or as otherwise provided by Florida law. The below enumerated rights of management are not all-inclusive, but indicate the type of matters or rights which belongs to or is inherent to management. Any of the rights, powers, and authority the County had prior to entering into this Agreement are retained by the County except as expressly provided for in this Agreement. Without limiting the generality of the foregoing, the term "rights of Management" as used or referred to in this Agreement include (1) the determination of policy and procedures, including the right to manage the affairs of the fire/rescue services; (2) the right to determine the starting and quitting time and the number of hours and shifts to be worked, including the need for overtime work, subject only to contrary provisions of this Agreement; (3) the right to establish, change, or modify work schedules, subject only to contrary provisions of this Agreement; staffing of equipment and apparatus; amount and types of equipment; and placement and location of equipment; (4) the right to direct the members of the unit, including the right to hire, suspend, demote, promote, transfer, discipline, and discharge any unit member for just cause; (5) the right to temporarily assign unit members to other duties within the County's fire/rescue operations; (6) the organizational structure of the fire/rescue operations in the County, including the right to organize and reorganize in any manner in which the County chooses, including the size of operations, the determination of job classifications and ranks based upon other duties assigned; (7) the determination of the safety, health, and property protection measures for the fire/rescue services; (8) the allocation and assignment of work to unit members; (9) the determination of policy affecting the selection and training of new employees and the on-going training, certification, and cross-certification of unit members; (10) the scheduling of operations; (11) the establishment, amendment, and enforcement of fire/rescue operations rules, regulations, policies, procedures, and orders; (12) the transfer of work from one position to another within the unit; (13) the introduction of new, improved, or different methods and techniques of operations or a change in existing methods or techniques; (14) the placing of secondary services temporarily; maintenance; or other work with outside contractors or other agencies of the county, any municipality within the county, or state or federal agencies; (15) the determination of the number of ranks and number of personnel within the unit; (16) the determination of the quantity and amount of supervision to be provided to unit members; (17) the transfer of any unit member from one area, shift, work schedule, or facility to another; and (18) the right to direct any person not covered by this Agreement to perform any task or assignment. 1.2.6 Notice of Exercise of Manaaement Riahts. The County agrees that prior to unilaterally exercising any of its management rights detailed in Section 1.2.5 Page 2 of 40 COLLECTIVELY BARGAINED AGREEMENT - UNIT ONE AGREEMENT BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA AND THE PROFESSIONAL FIREFIGHTERS OF MONROE COUNTY, IAFF LOCAL 3909 which will directly affect the unit's operations, the County will, in non-emergency situations, provide written notification to the Union President either by U.S. Postal Service Mail, certified or return receipt requested; in person by hand-delivery; or by electronic mail with confirmation of receipt as may be provided by the electronic mail software application. Non-emergency written notification shall be given at least twenty (20) days prior to the effective date of the management right to be exercised as identified in the notification. In emergency situations, notice shall be given as soon as practicable and in such form as may be reasonable under the circumstances. 1.2.7 Failure of Notification. In regards to exercising its rights detailed in Section 1.2.5 and Section 1.2.6, the County and Union agree that failure to give the written notice will not, in and of itself, provide the basis for an unfair labor practice claim to be filed with PERC or become the basis for the filing and processing of a grievance. 1.2.8 Non-Waiver: Non-Exclusivity. The provision of any notice pursuant to Sections 1.2.5 and Section 1.2.6 shall not be deemed to be a waiver of any rights or prerogatives of the County to which the County is entitled pursuant to federal, state, and local statutes, laws, ordinances, regulations, rules, or case law. Should the County fail to exercise any of its lawful rights from time to time, such failure shall not be, nor shall such failure be deemed to be, a waiver to exercise such right or rights in the future, and it is specifically agreed by the Union and the County that any right or function of the County not specifically relinquished or altered by this Agreement is reserved to the County. Further, the Union and County agree that the rights, responsibilities, and prerogatives inherent in, or legally provided to, the County and the County Administrator cannot be subject to any grievance or arbitration proceedings except as may be specifically provided for in this Agreement. 1.3 Non-Discrimination. 1.3.1 Non-Discrimination Aareement. The County and Union agree that both oppose discrimination or retaliation on account of, and neither shall discriminate nor retaliate against any employee or Union member on account of, race, color, creed, gender, national origin, marital status, gender orientation, sexual preference, age, religion, union activity, handicap or disability except as may be permitted or allowed as a bona fide occupational qualification under federal or state law. 1.3.2 Discrimination/Retaliation Not Grievable. While the County and Union agree that unlawful discrimination and unlawful retaliation have no place in the County's workforce, federal and state laws provide specialized protections, procedures and remedies for such misconduct. Therefore, claims that the County or the Union engaged in unlawful discrimination or unlawful retaliation shall exclusively be processed through the statutory, administrative and judicial procedures that exist to entertain and resolve such claims. Therefore, any such c1aim(s) is not subject to the grievance/arbitration procedure of this Agreement. 1.3.3 Investiaation of Complaint of Discrimination. The County and Union Page 3 of 40 COLLECTIVELY BARGAINED AGREEMENT - UNIT ONE AGREEMENT BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA AND THE PROFESSIONAL FIREFIGHTERS OF MONROE COUNTY, IAFF LOCAL 3909 agree that any allegation of discrimination against the County or the Union that is received by the County shall be investigated and resolved in accordance with the County's internal administrative procedures and the County shall additionally have the right to forward any allegation of discrimination to any appropriate state or federal agency as the County may deem appropriate. 1.4 No Strike, No Lockout. 1.4.1 Injunctive Relief. The County and Union agree that the County is responsible for and engaged in activities which are the basis for the health and welfare of the general public and any violation of this section 1.4 could give rise to irreparable damage to the County and the public at large. Accordingly, the Union agrees that in the event any violation of this section 1.4 should occur or be apparently imminent, the County shall be entitled to seek immediate injunctive relief in a court of competent jurisdiction without notice to the Union. 1.4.2 No Strikes. The Union agrees that there shall be no strikes as that term is defined in Florida Statutes, and that there shall be no work stoppage, work slowdowns, boycotts, picket lines or picketing in support of a work stoppage or work slowdown, nor will there be a concerted failure or refusal to perform work assigned by the County or appropriate superior employees or individuals designated by the County. The County shall have the right to pursue any and all legal and equitable remedies in the event of a strike. 1.4.3 No Support By Union. The Union agrees that it shall not support, condone, encourage, authorize, sanction, or ratify any violation of sub-section 1.4.2 above. The County agrees that the Union shall not be held liable for any violation of section 1.4 if it is reasonably shown that neither the Union nor any Union officer supported, condoned, encouraged, authorized, sanctioned, or ratified such action. In the event any Union officer becomes aware of any activity, whether verbal or physical, which is intended or may be reasonably be construed to be instigating a strike, work stoppage, work slowdown, boycott, picketing, or other activity in violation of this Agreement, that officer shall immediately attempt to discourage such activity and shall immediately notify the appropriate managerial authority of such action. 1.4.4 No Lockout. The County agrees that it shall not authorize, promote, condone, institute, or engage in any lockout of Union members. ARTICLE 2: DEFINITIONS For the purpose of this Agreement, the following terms shall have the meanings as set forth, unless the context specifically provides otherwise: 2.1 Administrative Proceeding, for purposes of disciplinary proceedings, means any non-judicial hearing which may result in the recommendation, approval, or order of disciplinary action against, or suspension or discharge of, a firefighter. Page 4 of 40 COLLECTIVELY BARGAINED AGREEMENT - UNIT ONE AGREEMENT BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA AND THE PROFESSIONAL FIREFIGHTERS OF MONROE COUNTY, IAFF LOCAL 3909 2.2 Advanced life SUDDort means treatment of life threatening medical emergencies through the use of techniques such as endotracheal intubation, the administration of drugs or intravenous fluids, telemetry, cardiac monitoring, and cardiac defibrillation by a qualified person pursuant to the rules of the Florida Department of Health. 2.3 Advanced life SUDDort service means any emergency medical transport or non- transport service which uses advanced life support techniques. 2.4 Air Ambulance means any fixed-wing or rotary-wing aircraft used for, or intended to be used for, air transportation of sick or injured persons requiring or likely to require medical attention during transport. 2.5 Ambulance means any privately or publicly owned land or water vehicle that is designed, constructed, reconstructed, maintained, equipped, or operated for, and is used for, or intended to be used for, land or water transportation of sick or injured persons requiring or likely to require medical attention during transport. The term also includes "emergency medical services vehicle." 2.6 ARFF means Airport Rescue Firefighter. 2.7 Basic life sUDDort means treatment of medical emergencies by a qualified person through the use of techniques such as patient assessment, cardiopulmonary resuscitation (CPR), splinting, obstetrical assistance, bandaging, administration of oxygen, application of medical anti-shock trousers, administration of a subcutaneous injection using a pre-measured auto-injector of epinephrine to a person suffering an anaphylactic reaction, and other techniques described in the Emergency Medical Technician Basic Training Course Curriculum of the United States Department of Transportation. The term "basic life support" also includes other techniques which have been approved and are performed under conditions specified by rules of the Florida Department of Health. 2.8 Basic life SUDDort service means any emergency medical service which uses only basic life support techniques. 2.9 Baraainina unit or Unit means the employees represented by the Professional Firefighters of Monroe County, International Association of Firefighters, Local 3909. 2.10 Bum Ding Riahts means the right of an employee covered by this Agreement to displace an employee of lower seniority, covered by this Agreement, from a position covered by this Agreement, but only in accordance with the terms and conditions of this Agreement. 2.11 Chief executive officer, as generally defined in Section 447.203, Florida Statutes, shall mean the County Administrator. 2.12 Classification seniority shall mean the length of time of full-time employment within a particular job classification, as measured from the date of regular hire status Page 5 of 40 COLLECTIVELY BARGAINED AGREEMENT - UNIT ONE AGREEMENT BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA AND THE PROFESSIONAL FIREFIGHTERS OF MONROE COUNTY, IAFF LOCAL 3909 to the classification or date of permanent promotion to the classification. 2.13 Continuous service, as required for advancement within salary ranges and for other purposes specified under this Agreement, means employment by the County on a p.IJbationary, regular, or acting appointment basis without break or interruption, and shall be interpreted in accordance with the County's policies and procedures. 2.14 County means the political entity known as Monroe County, and includes the Board of County Commissioners, the County Fire Chief, the County Administrator, and employees and agents of Monroe County. County also means the geographical area of the State of Florida encompassed within the boundaries set forth in Section 7.44, Florida Statutes. 2.15 Court means any county court or state circuit court in Florida and any federal court in Florida having subpoena powers and exercising such power upon a unit member as a result of action or involvement in, or observance of, a situation while in the member's capacity as a county employee. 2.16 Deoartment seniority shall mean the length of time of full-time regular employment with the County, calculated from the last hire date. 2.17 Emeraency means a circumstance requiring immediate action; a sudden, unexpected happening; an unforeseen occurrence or condition. 2.18 Emeraency Medical Services means the activities or services to prevent or treat a sudden critical illness or injury and to provide emergency medical care and pre- hospital emergency medical transportation to sick, injured, or otherwise incapacitated persons. 2.19 Emeraency medical services vehicle means an ambulance. 2.20 Emeraency medical technician means a person who is certified by the Florida Department of Health to perform basic life support. 2.21 Emoloyee means a member of the bargaining unit, unless the context specifically requires a different meaning. 2.22 Emolovee organization means Professional Firefighters of Monroe County, Local 3909, International Association of Firefighters. 2.23 Emoloyer means Monroe County, Florida. 2.24 Fire Aooaratus, also referred to as Engine Apparatus or Engine means a vehicle of 10,000 Ib (4540 kg) or greater gross vehicle weight rating (CVWR) used for fire suppression or support, in accordance with the definitions and standards in National Fire Protection Association Standard 1901. Page 6 of 40 COLLECTIVELY BARGAINED AGREEMENT - UNIT ONE AGREEMENT BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA AND THE PROFESSIONAL FIREFIGHTERS OF MONROE COUNTY, IAFF LOCAL 3909 2.25 Firefiahter means any person employed by Monroe County and whose primary responsibility is the prevention and extinguishment of fires, and the protection and saving of life and property. The term includes "firefighter employee" as defined in Section 633.802(3), Florida Statutes, and "firefighter" as defined in Section 112.81(1), F'("lrida Statutes, and Section 633.30(1), Florida Statutes. 2.26 Florida Firefiahters Occuoational Safety and Health Act, or FFOSHA means the provisions of Sections 633.801 through 633.821, Florida Statutes. 2.27 Formal Investigation means the process of investigation ordered by supervisory personnel, after the supervisory personnel have previously determined that the firefighter shall be reprimanded, suspended, or removed, during which the questioning of the firefighter is conducted for the purpose of gathering evidence of rll"'conduct. 2.28 Grievance means a complaint, dispute, or controversy in which it is claimed that the Union, the County, or a County employee has failed in an obligation under this Agreement, which involves the meaning, interpretation, or application of this Agreement, and where the grievant, the Union or the County believes that rules have been misapplied or violated. 2.29 Holidav means a day, beginning at 12:01 A.M. and ending twenty-four (24) hours later, which the County has recognized in its' ordinances, resolutions, policies and procedures as a day on which most county offices are usually closed. The County recognizes the following days to be holidays: New Year's Day, Presidents Day, Martin Luther King's Birthday, Good Friday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day, Thanksgiving Friday, Christmas Day. 2.30 Informal Inauirv means a meeting by supervisory or management personnel with a firefighter about whom an allegation of misconduct has come to the attention of such supervisory or management personnel, the purpose of which meeting is to mediate a complaint or discuss the facts to determine whether a formal investigation should be commenced. 2.31 Interrogation means the questioning of a firefighter by an employing agency in connection with a formal investigation or an administrative proceeding but not shall not include arbitration or civil service proceedings. Questioning pursuant to an informal inquiry shall not be deemed to be an interrogation. 2.32 Ladder Truck Aooaratus or Ladder Truck means any fire apparatus equipped with a power operated ladder, tower, platform, or articulating device whose primary purpose is to provide firefighters with access to levels of height beyond the reach of manually-raised ladders. 2.33 Leaislative bodY, as generally defined in Section 447.203, Florida Statutes, means the Board of County Commissioners of Monroe County. Page 7 of 40 COLLECTIVELY BARGAINED AGREEMENT - UNIT ONE AGREEMENT BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA AND THE PROFESSIONAL FIREFIGHTERS OF MONROE COUNTY, IAFF LOCAL 3909 2.34 Membershio dues deduction means the amount established by the Union to be paid on a monthly basis by Union members as and for the privilege of belonging to the Union, and which amount has been agreed by the Union member to be deducted by the County from the Union member's salary and wages and paid by the County directly to the Union. Such deductions shall not include initiation fees, special assessments, or other charges which may be imposed from time to time by the Union. 2.35 Mutual aid aareement means a written agreement between two or more entities whereby the signing parties agree to lend aid to one another under conditions specified in the agreement and as sanctioned by the County. 2.36 Paramedic means a person who is certified by the Florida Department of Health to perform basic and advanced life support. 2.37 Pay Period means a two-week period commencing at 12:01 A.M. Sunday through 12:00 Midnight Saturday. 2.38 PERC means the Florida Public Employees Relations Commission. 2.39 Picketina means attendance by one or more Union members outside of a County facility or worksite during, and in support of, (1) a strike, work stoppage or work slowdown, or (2) in connection with a concerted failure or refusal to perform work lawfully assigned to Union members, when such attendance is designed, intended, or has the effect of harassing, coercing, or intimidating any County employee to refuse to perform lawfully assigned duties or to take a course of action in violation of this Agreement or any federal, state, or local law. 2.40 PumDer, also referred to as Engine, means a piece of fire apparatus with a permanently mounted fire pump that has a rated discharge capacity of 750 gpm (2850 L/min) or greater, water tank, and hose body as defined in National Fire Protection Association Standard 1901. 2.41 Rescue Aooaratus or Rescue Vehicle means any vehicle whose primary function is to carry equipment and manpower designed to facilitate the rescue of trapped or endangered persons from unusual circumstances, including automobile accidents, cave-ins, fires, building collapses, and other serious bodily injury or life- threatening situations. 2.42 Shift means a period commencing at 8:00 A.M. and ending twenty-four hours later at 8:00 A.M. 2.43 Strike shall have the same definition as that contained in Section 447.203, Florida Statutes. 2.44 SUDolemental Comoensation means the compensation to be paid to firefighters pursuant to the provisions of Section 633.382, Florida Statutes. Page 8 of 40 COLLECTIVELY BARGAINED AGREEMENT - UNIT ONE AGREEMENT BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA AND THE PROFESSIONAL FIREFIGHTERS OF MONROE COUNTY, IAFF LOCAL 3909 2.45 TemDOrarilY, for purposes of Section 1.2.5, means a period of time not to exceed nine months, unless otherwise agreed to in writing by the County and the Union. 2.46 Vacancy means an open position resulting from the creation of a new position, voluntary or involuntary termination, retirement, death, promotion, or demotion. A vacancy is not created as a result of a reduction in force, temporary assignment or transfer, or temporary appointment. 2.47 Volunteer means a person who, of his or her own free will, provides goods or services to Monroe County government without receiving monetary or material compensation from Monroe County. The recruitment and use of volunteers will be generally pursuant to the provisions of Sections 125.9501 through 125.9506, Florida Statutes. 2.48 Week means a consecutive period of seven days, the first day of which commences on Sunday at 12:01 A.M. and the last day of which ends on the following Saturday at 12:00 Midnight. 2.49 Workdays means Monday through Friday, excluding holidays, except where otherwise specifically defined in this Agreement. 2.50 Work Cycle means the 27-day period used for purposes of calculating and crediting or paying overtime in accordance with the general principles of the Fair Labor Standards Act. 2.51 Workweek means, for salary purposes, seven consecutive days, commencing on Sunday at 12:01 A.M. and ending the following Saturday at 12:00 Midnight. ARTICLE 3: UNION RIGHTS AND RESPONSIBILITIES 3.1 Dues and Uniform Assessments. Section 447.303, Florida Statutes, gives the right to the Union to have its dues and uniform assessments deducted and collected by the County from the salaries of those employees who authorize the deduction of said dues and assessments. There are no uniform assessments covered under this contract. 3.1.1 Dues and Assessment Deductions. The County agrees to deduct from the each unit member's bi-weekly salary the dues and uniform assessments for which (1) the amounts have been certified in writing to be current and correct by the Treasurer of the Union and (2) which amounts have been specifically authorized in writing by the unit member to be deducted. Deductions shall be taken from the bi- weekly salary of the member which is two pay periods after receipt of the deduction authorization, and shall be deducted from each pay period thereafter. 3.1.2 Discontinuance of Deduction. The unit member may elect to revoke his or her authorization to deduct union dues and assessments from his or her salary Page 9 of 40 COLLECTIVELY BARGAINED AGREEMENT - UNIT ONE AGREEMENT BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA AND THE PROFESSIONAL FIREFIGHTERS OF MONROE COUNTY, IAFF LOCAL 3909 by providing written notice of revocation to the County, and a copy of the notice to the Union. The County shall cease to make such deductions during the pay period which is thirty (30) days immediately after receipt of the revocation in writing from the unit member. The County shall continue the deductions only so long as the employee has enough net salary after all other deductions to cover such deductions, and the County shall not be held responsible for a refund to the employee if the employee has duplicated a deduction by direct payment to the Union. The County shall have no liability to the employee or the Union for the dues and uniform assessments deducted from the employee's salary. 3.1.3 County Not Involved in Collection of Fines. Penalties. or 5Decial Assessments. The County, as a public employer, is expressly prohibited by Section 447.303, Florida Statutes, from being involved in the collection of any fine, penalty or special assessment charged against a unit member. 3.1.4 Remittance To Union. The County shall remit to the Union by County check or warrant the total amount of union dues and uniform assessments deducted by the County from the unit members' salaries. Such remittance shall be forwarded to the Union at the same time as employee salary checks or warrants are sent to County employees. In lieu of receiving a check, the Union can elect to have the County make a direct deposit in a Union-specified institutional account within the geographical limits of Monroe County and with an institution with which the County has a current direct deposit agreement. 3.1.5 County's Costs. The Union and County agree that the County shall receive an annual fee of fifty dollars ($50) on October 1st of each year of this contract as the County's reasonable costs for handling the deductions made from unit members' salaries. 3.1.6 Current Unit Member Roster. The Union shall have the responsibility for keeping the County informed on a timely basis of those employees of the County who are unit members and from whose salaries deductions are to be made. 3.1.7 Union to Indemnify and Hold County Harmless. The Union agrees to indemnify and hold the County harmless against any and all claims, suits or other forms of liability arising out of the deduction from an employee's salary any Union dues or uniform assessments. The Union assumes full responsibility for the disposition of the deduction once it has been remitted by the County and received by the Union. 3.2 Rights of Members and Non-Members. 3.2.1 No County Discrimination. The Union and County agree that any employee is free to join and assist the Union without fear of retaliation of any kind. No County officer, employee, representative, or agent shall interfere with, restrain, coerce or intimidate an employee in the exercise of the employee's right to join or refrain from joining the Union. No County officer or supervisor shall discriminate against any employee with regard to employment, or the terms and conditions of employment Page 10 of 40 COLLECTIVELY BARGAINED AGREEMENT - UNIT ONE AGREEMENT BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA AND THE PROFESSIONAL FIREFIGHTERS OF MONROE COUNTY, IAFF LOCAL 3909 (including but not limited to promotions) because the employee has formed, joined, or chosen to be represented by the Union or because the employee has given testimony or taken part in any grievance procedure or other hearing, negotiation or any other form of legal activity on behalf of the Union. 3.2.2 No Union Interference. The Union and County agree that all employees shall have the same right to refrain from membership in the Union. The Union agrees that it will not interfere with, coerce, or intimidate any employee into joining the Union and that every employee has the right to choose of his or her own free will whether he or she will or will not join the Union. The Union further agrees that there will be no interference with the free right of any employee or member of the public to enter and leave work sites and property of the County unmolested, unthreatened, and un- intimidated. 3.2.3 Claims of Discrimination or Interference. Any claim of discrimination or interference in violation of Section 3.2.1 or 3.2.2 shall be asserted exclusively through the Florida Public Employees Relations Commission, and through the grievance-arbitration procedures of this Agreement. 3.3 Union Business. 3.3.1 Union Business Meetinas. Employees elected or appointed to represent the Union shall be allowed to use County facilities to conduct regular and special business meetings of the Union. The use of such facilities shall be coordinated with, and approved by, the County Fire Chief. Such meetings shall be scheduled at times and locations which will not unduly interfere with the County's fire/rescue operations or result in a violation of the minimum staffing requirements of any fire/rescue facility. Attendance at the meetings by the Union representatives who are on duty shall be at no loss of pay for the Union representative during the actual time of attendance and for travel time to and from the meeting. The time spent by all on-duty Union members traveling to, from, and attending Union business meetings shall be deducted from the Union pool hours provided for in Section 3.5. 3.3.2 Union ReDresentative for Grievance. Any unit member desiring to file a grievance pursuant to this Agreement, shall have the right to meet with one (1) Union representative to discuss the member's potential grievance. The County agrees to permit the member and the Union representative to meet briefly during work hours concerning a potential grievance, provided the member and Union representative have the permission of his/her immediate supervisor, and further provided that the meeting does not disrupt or interfere with current fire/rescue operations or result in less than minimum staffing. The Union agrees that this privilege shall not be utilized to prepare formal grievances during work hours but is to be used to simply and briefly consult with the member and/or a supervisor in order to avoid the necessity of processing a formal grievance or to consult with the member to set an appointment for after working hours to prepare a legitimate grievance. 3.3.3 National and State Association Meetinas. Page 11 of 40 COLLECTIVELY BARGAINED AGREEMENT - UNIT ONE AGREEMENT BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA AND THE PROFESSIONAL FIREFIGHTERS OF MONROE COUNTY, IAFF LOCAL 3909 3.3.3.1 National Meetinas. The County agrees that members of the bargaining unit shall be allowed to attend one nationally recognized professional association related to the fire/rescue services professions during the County's fiscal year. The time spent by a unit member away from the member's regularly scheduled duties while traveling to, from, and attending such meetings shall be deducted from the Union pool hours provided for in Section 3.5. 3.3.3.2 State Meetings. The County agrees that members of the bargaining unit shall be allowed to attend one Florida state recognized professional association related to the fire/rescue services professions during the County's fiscal year. The representatives shall be entitled to reimbursement for travel, meals, and lodging in accordance with County policies and procedures. The time spent by a unit member away from the member's regularly scheduled duties while traveling to, from, and attending such meetings shall be deducted from the Union pool hours provided for in Section 3.5. 3.4 Collective Baraainina Leave For Union Neaotiatina Team. The County and Union agree that the Union Negotiating Team shall consist of three (3) members ("regular negotiating team"), selected by the Union. The Union may designate up to three (3) additional members ("additional negotiating team") to provide representation during negotiations, but such additional members representation at, and involvement in negotiations, shall not be at the expense of the County. The time spent by a regular negotiating team unit member away from the member's regularly scheduled duties while traveling to, from, and attending such negotiations shall be deducted from the Union pool hours provided for in Section 3.5. 3.5 Union Pool Hours. 3.5.1 Allocation of Hours. In each fiscal year covered by this Agreement, the County shall allocate a number of hours to be used by unit members to attend national and state association meetings, collective bargaining sessions, and other Union-related activities. A total of two hundred forty (240) hours is allocated by the County for use during the first fiscal year of this Agreement; a total of three hundred twenty (320) hours is allocated by the County for use during the second fiscal year of this Agreement; and a total of four hundred eighty (480) hours is allocated by the County for use during the third fiscal year of this Agreement. 3.5.2 Use and Forfeiture of Hours. Only actual hours approved by the County Fire Chief for use prior to September 30th of a fiscal year shall be counted against the allocated hours for that fiscal year. Hours not approved and used shall be forfeited and not carried forward for use in any subsequent fiscal year. 3.5.3 Reauest For Use of Union Pool Hours. Request for use of Union pool hours shall be submitted in writing on a form to be provided by the County. The unit member requesting to use Union pool hours shall obtain written approval from the Union president, vice-president, or secretary prior to submitting the request to the Page 12 of 40 COLLECTIVELY BARGAINED AGREEMENT - UNIT ONE AGREEMENT BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA AND THE PROFESSIONAL FIREFIGHTERS OF MONROE COUNTY, IAFF LOCAL 3909 County Fire Chief. Such approval shall be indicated on the request form. One form shall be submitted for each unit member for each pay period in which Union pool hours are to be used. 3.5.4 Submittin9 Reauests. Request forms shall be submitted to the County Fire Chief so as to be received by the County Fire Chief at least seventy-two (72) hours prior to the date and time the unit member is requesting to be relieved from operational duties in order to use Union pool hours. Request forms which are not complete when submitted to the County Fire Chief shall be returned to the unit member without further review or action by the County Fire Chief. 3.5.5 ResDonsibility of County Fire Chief. The County Fire Chief shall be responsible for tracking and monitoring availability and use of Union pool hours, and for final approval of unit member requests for use of Union Pool hours. Requests for use of Union pool hours which are disapproved by the County Fire Chief may be appealed by the unit member, and such appeal shall be considered and processed as a grievance under the applicable provisions of this Agreement. 3.6 Names of Union ReDresentatives. The Union President shall provide to the County Fire Chief a written list of the names, duty locations, addresses, and telephone numbers of the Union officers and negotiating team members, both regular and supplemental, within fifteen (15) days of the effective date of this Agreement, and shall update the list in writing within fifteen (15) days of any change. 3.7 Bulletin Boards. The Union shall have the right to install and maintain at the Union's cost a bulletin board at each County facility to which Union members are assigned to perform services. The size, composition, and location of the bulletin boards shall be mutually agreed to by the Union and the County. Posted materials shall be subject to review and approval by the County Fire Chief; shall contain on its face the legible name of the person responsible for placing the material on the bulletin board; shall not contain anything of a derogatory or adverse nature concerning the County or its employees or agents, or contain anything which is in violation of this Agreement; and all materials shall be dated and bear the signature of the Union president or his or her designated representative. Materials placed on a bulletin board in violation of this section shall subject the employee to disciplinary proceedings. 3.8 Printin(;l and Distribution of Aareement. The County will, at no cost to the Union, print one copy of this Agreement for distribution to each facility at which employees covered by this Agreement are assigned for duty; one original copy to the Union; and one copy to each library facility in Monroe County. ARTICLE 4: DISCIPLINE AND DISCIPLINARY PROCEDURES. 4.1 DisciDlinary Standard. The County and Union agree that no employee who has attained career status with the County shall be discharged, demoted, or otherwise disciplined in a manner which would result in a loss of pay, except for just cause. Page 13 of 40 COLLECTIVELY BARGAINED AGREEMENT - UNIT ONE AGREEMENT BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA AND THE PROFESSIONAL FIREFIGHTERS OF MONROE COUNTY, IAFF LOCAL 3909 4.2 Probationary Period. All new and newly-promoted employees shall serve a probationary period. The probationary period shall be considered the last step in the selection or promotion process, and the purpose of the probationary period is to allow management to observe and appraise the conduct, performance, attitude, adaptability and job knowledge of the employee and to assist the County in determining the qualifications of the employee for the position to which the employee has been assigned or promoted. 4.3 Duration of Probation. The probationary period for new employees and newly- promoted employees shall be twelve (12) months. The probationary period may be extended (a) for unsatisfactory performance or (b) if the employee has been absent from his or her regularly assigned duties for a total of four hundred eighty (480) hours or more due to any cause except in-service training authorized by the County. Extended probationary periods shall be not less than three (3) months nor more than twelve (12) months. The determination of whether the probationary period for any employee should be extended shall be at the sole discretion of the County, and such determination shall not be grievable. 4.4 Reiection of Probationary Emoloyee. Any employee who is in probationary status as a new employee may be dismissed from employment without cause or explanation, without right of appeal, and without recourse to the grievance procedures established by this Agreement. Any employee who is in probationary status as a newly-promoted employee may be demoted to the classification held immediately prior to the promotion, and such demotion shall be without cause or explanation, without right of appeal, without recourse to the grievance-arbitration procedures established by this Agreement, and without recourse to Career Service Act procedures. 4.5 Prooosed Discioline and Pre-Determination Hearina. Any proposed discipline of a non-probationary employee subject to this Agreement which would result in a suspension without pay, termination of employment, demotion, or a reduction in base salary, shall require a pre-determination hearing. The pre-determination hearing shall be held and conducted in accordance with the provisions of the Monroe County Policies And Procedures, Section 9.11, provided such procedures are consistent with the following provisions: 4.5.1 Procedure. Whenever a firefighter is subjected to an interrogation, such interrogation shall be conducted as follows. 4.5.1.1 Location. The interrogation shall take place at the facility where the investigating officer is assigned, or at the facility which has jurisdiction over the place where the incident under investigation allegedly occurred, as designated by the investigating officer. 4.5.1.2 Written Notice. No firefighter shall be subjected to interrogation without first receiving written notice of sufficient detail of the investigation in order to reasonably apprise the firefighter of the nature of the investigation. The firefighter shall be informed beforehand of the names of all complainants. Page 14 of 40 COLLECTIVELY BARGAINED AGREEMENT - UNIT ONE AGREEMENT BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA AND THE PROFESSIONAL FIREFIGHTERS OF MONROE COUNTY, IAFF LOCAL 3909 4.5.1.3 Time. All interrogations shall be conducted at a reasonable time of day, preferably when the firefighter is on duty, unless the importance of the interrogation or investigation is of such a nature that immediate action is required. 4.5.1.4 Persons Present. The firefighter under investigation shall be informed of the name, rank, and unit or command of the officer in charge of the investigation, the interrogators, and all persons present during any interrogation. 4.5.1.5 Sessions. Interrogation sessions shall be of reasonable duration and the firefighter shall be permitted reasonable periods for rest and personal necessities. 4.5.1.6 Conduct. The firefighter being interrogated shall not be subjected to offensive language or offered any incentive as an inducement to answer any questions. 4.5.1.7 Record. A complete record of any interrogation shall be made, and if a transcript of such interrogation is made, the firefighter under investigation shall be entitled to a copy without charge. Such record may be electronically recorded. 4.5.1.8 Reoresentation. An employee or officer of the County may represent the County, and the Union may represent any member of the bargaining unit desiring such representation in any proceeding in which an interrogation is to take place. The presence of a representative of the Union during interrogations shall be permitted if the bargaining unit member to be interrogated so requests. 4.5.2 Aoolication. The procedures in 4.5.1 shall be applicable only to a formal investigation of a bargaining unit member and shall not apply to an informal inquiry involving the member. 4.6 Emeraency Susoension or Transfer. In a situation where the County Administrator or his or her designee reasonably determines that an emergency exists which could be harmful to the health, safety, or welfare of any person, and that an employee should be temporarily suspended from duty not to exceed a ninety (90) day term or transferred to another duty assignment pending scheduling a pre- determination hearing, the County Administrator or his or her designee shall immediately notify the Union president and the employee of such determination, and shall immediately document that determination in writing to the employee and provide the Union president with a copy. ARTICLE 5: GRIEVANCE PROCEDURE 5.1 Puroose. Grievance procedures are provided to (a) promote improved employer- employee relations by establishing procedures for resolution of issues for which appeal or hearing is not provided for elsewhere in this Agreement; (b) afford employees, individually or through the Union, a systematic means of obtaining further Page 15 of 40 COLLECTIVELY BARGAINED AGREEMENT - UNIT ONE AGREEMENT BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA AND THE PROFESSIONAL FIREFIGHTERS OF MONROE COUNTY, IAFF LOCAL 3909 considerations of problems after every other reasonable effort to resolve them through discussion has failed; (c) provide for settlement of issues as near as possible to the point of origin; and (d) to provide that issues shall be heard and settled as informally as possible. Any complaint, grievance or dispute arising under and during the term of this Agreement involving questions of the interpretation or application of any provision of this Agreement shall be processed through the grievance-arbitration procedure of this Agreement, except that claims of unlawful discrimination or retaliation shall not be processed through this grievance-arbitration procedure. In addition, the Union, on behalf of bargaining unit members, expressly waives the right of any bargaining unit member to utilize the procedures of the Career Service Council Act concerning any matter covered by this Agreement, including but not limited to claims of improper disciplinary actions and adverse actions such as transfers, demotions, suspensions or terminations. Bargaining unit members must submit any such disputes to the grievance-arbitration procedure herein, with the exception of claims of unlawful discrimination or unlawful retaliation, which must be submitted through procedures established by laws prohibiting discrimination or retaliation in employment. 5.2 Exclusive Proceedina. A grievant initiating and utilizing the procedures set forth in this Article is precluded by law from availing himself or herself of any procedures or remedies provided through any unfair labor procedure or the County's career service law. 5.3 Initiation of Grievance. All grievances initiated under this Agreement shall be in writing and shall, as a minimum, contain (i) a statement, as complete as possible under the circumstances, of the grievance and the facts upon which it is based, including the dates, times, locations, names of witnesses, and other information appropriate to the grievance; (ii) the section or sections of this Agreement claimed by the grievant to have been violated; and (iii) the remedy or corrective action requested by the grievant. If a grievance form has been adopted by the County, that form shall be utilized in initiating and submitting a grievance. 5.4 Grievance SteDs. The County and Union agree that all grievances should be dealt with promptly and efficiently, and every reasonable effort must be made to settle a grievance as close to the source as possible. 5.4.1 SteD One. Within fifteen (15) calendar days of the incident being grieved, the Union or the affected employee may, in the presence of a Union representative, submit a grievance in writing through the Union to the employee's immediate supervisor. 5.4.1.1 Immediate SUDervisor. The original copy of the completed form shall be delivered to the employee's immediate supervisor, and a copy shall be delivered to the Union representative. The immediate supervisor shall attempt to resolve the grievance at that time by attempting to fully discuss the matter with the employee in a fair and equitable manner and in accordance with the established policy of the County. The immediate supervisor's decision shall be rendered in writing within seven (7) work days of receipt of the grievance. Page 16 of 40 COLLECTIVELY BARGAINED AGREEMENT - UNIT ONE AGREEMENT BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA AND THE PROFESSIONAL FIREFIGHTERS OF MONROE COUNTY, IAFF LOCAL 3909 5.4.1.2 Agreed Resolution. If the employee or the Union agrees with the decision of the immediate supervisor, he or she or the Union shall sign the Grievance Form acknowledging his or her agreement, and the original, signed form shall be submitted to the Human Resources Director for placement with the employees employment records. No further action on the part of the County shall be required. 5.4.1.3 No Resolution. If the employee or the Union does not agree with the decision of the immediate supervisor, he or she or the Union shall sign the original Grievance Form acknowledging his or her disagreement and immediately notify the Union in writing. The original, signed form shall be submitted by the employee or the Union to the Fire Chief within seven (7) work days of the decision of the immediate supervisor. 5.4.2 SteD Two. The Fire Chief or authorized agent shall make such inquiry concerning the grievance as he or she shall deem appropriate, and shall render a written decision within seven (7) work days of receipt of the immediate supervisor's decision. 5.4.2.1 Aareed Resolution. If the employee or the Union agrees with the decision of the Fire Chief or Fire Chief's authorized agent, he or she or the Union shall sign the Grievance Form acknowledging his or her agreement, and the original, signed form shall be submitted to the Human Resources Director for placement with the employee's employment records. No further action on the part of the County shall be required. 5.4.2.2 No Resolution. If the employee or the Union does not agree with the decision of the Fire Chief or the authorized agent, he or she or the Union shall sign the original Grievance Form acknowledging his or her disagreement, and immediately notify the Union in writing. The original, signed form shall be submitted by the employee or the Union to the County Administrator within seven (7) work days of the decision by the Fire Chief or authorized agent. 5.4.3 SteD Three. The County Administrator or his or her authorized agent shall make such inquiry concerning the grievance as he or she shall deem appropriate, and shall render a written decision within ten (10) work days of receipt of the Fire Chief's, or Fire Chief's authorized agent's, decision. 5.4.3.1 Agreed Resolution. If the employee or the Union agrees with the decision of the County Administrator, he or she or the Union shall sign the Grievance Form acknowledging his or her agreement, and the original, signed form shall be submitted to the Human Resources Director for placement with the employees employment records. No further action on the part of the County shall be required. 5.4.3.2 No Resolution. If the employee or the Union does not agree with the decision of the County Administrator or his or her authorized agent, the employee or the Union shall sign the original Grievance Form acknowledging his or her disagreement, and the original, signed form shall be submitted by the employee or the Page 17 of 40 COLLECTIVELY BARGAINED AGREEMENT - UNIT ONE AGREEMENT BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA AND THE PROFESSIONAL FIREFIGHTERS OF MONROE COUNTY, IAFF LOCAL 3909 Union to the Human Resources Director within seven (7) work days from the date of the decision by the County Administrator or his or her authorized agent. The employee shall also submit a copy of the Grievance form to the Union, and the Union may initiate proceedings with the Federal Mediation and Conciliation Services (FMCS) as provided for in Section 5.11 of this Article. 5.5 Immediate DisDute Resolution. If a dispute involves the interpretation or application of this Agreement that has an imminent, substantial effect on the Union itself or upon five (5) or more Union members, either the County or the Union may request waiver of Step 1 and Step 2 in the grievance procedure, whereupon both the County and Union will proceed to immediate discussions at Step 3. Such discussions shall commence within twenty-four (24) hours, during a work week, after notification to the other party and shall continue for not more than seven (7) work days. If the dispute is not resolved during this time frame, the Union may initiate proceedings with the Federal Mediation and Conciliation Services (FMCS) as provided in Section 5.11 of this Article. 5.6 Extension of Time. At any stage during the grievance process, the County and the Union may mutually agree to extend the time limits specified in the grievance procedure. In computing time limits under this Article, Saturdays, Sundays, and Holidays shall not be counted. For purposes of this Article, the Term "working days" or "work day" is defined as Monday through Friday, and each day thereof. 5.7 Timeliness. Unless otherwise mutually agreed to in writing by the County and the Union, a grievance not advanced to the next step in the grievance procedure shall be deemed to have been permanently withdrawn and as having been settled on the basis of the decision most recently given. Failure of the County's representative to answer within the time limit set forth in any step of the procedure, unless an extension of time has been mutually agreed to in writing by the Union and the County, will entitle the grievant to proceed to the next step. 5.8 Consolidation of Grievances. Either the County or the Union may consolidate at any step grievances on similar issues or disputes. 5.9 EmDlovee's ReDresentative. The County and Union agree that nothing in this Agreement shall be construed to prevent any public employee from presenting, at any time, his or her own grievance in person to the County and having such grievance resolved without the intervention of the Union, provided that the resolution is not inconsistent with the provisions of this Agreement. The Union will be given reasonable opportunity to have a representative present, for observation purposes only, at any meeting called for the resolution of the grievance. No grievant shall have the right to initiate proceedings with the Federal Mediation and Conciliation Services, as this right is reserved exclusively to the Union. 5.10 Grievance Not To Be Heard Outside Of Procedures. The Union and County agree that no County Commissioner nor the County Administrator shall be approached, contacted, notified either verbally or in writing, or otherwise apprised of the pendency Page 18 of 40 COLLECTIVELY BARGAINED AGREEMENT - UNIT ONE AGREEMENT BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA AND THE PROFESSIONAL FIREFIGHTERS OF MONROE COUNTY, IAFF LOCAL 3909 of a grievance by the grievant, Union officer, Union member, or employee covered by the Union as bargaining agent, when the purpose is to have the County Commissioner or the County Administrator intervene in the grievance proceeding at any level. Upon due proof of a violation of this provision, the individual or individuals determined to have committed the violation shall be disciplined. Nothing in this Section 5.10 shall be interpreted, applied, or deemed to be applied in such a way as to interfere with, limit, or otherwise abridge any employee's right to freedom of speech as such right is defined or interpreted by the federal or Florida constitution or federal or state law. 5.11 Federal Mediation And Conciliation Service Arbitration (FMCS1. 5.11.1 Intent To Proceed. The determination to proceed under this Section shall be only by the Union or the County. Within seven (7) working days after the decision by the County Administrator or his designee as provided for in Section 5.4.3.2, or pursuant to Section 5.5, either the County or the Union shall announce its intention to proceed to arbitration by providing the other party with a copy of the FMCS Form requesting appointment of arbitrators. 5.11.2 Selection of Arbitrator. Selection of an arbitrator will take place according to the rules and procedures of the Federal Mediation and Conciliation Service. As promptly as possible after the arbitrator has been selected, the arbitrator shall conduct a hearing between the parties and consider the subject matter of the grievance. The arbitrator will be requested to serve his decision upon the County and the Union within 30 days of the close of the hearing. 5.11.3 Pavment of EXDenses. The expenses of the arbitrator shall be paid by the party losing the award. If a grievance presents more than one (1) issue, or if the arbitrator splits an award between the parties, the arbitrator in the award shall decide the division of the arbitrator's fee. 5.11.4 Party's Costs. Each party shall be exclusively responsible for compensating its own representative(s) and witnesses. If a court reporter or verbatim record of the proceeding is desired, and the County and the Union do not otherwise agree in writing, the expenses of the reporter and the cost of the transcript shall be paid by the party requesting such reporter or transcript. 5.11.5 Limitation on Arbitrator. The power and authority of the arbitrator shall be strictly limited to determination and interpretation of the express terms of this Agreement, and the arbitrator shall not have the power to add to, subtract from, modify, or alter the express terms of this Agreement. The decision of the arbitrator is final and binding on both parties. No decision of any arbitrator or of the county in one instance shall create a basis for retroactive adjustments with reference to any prior occurrences not a part of the grievance, unless otherwise agreed by both parties. 5.11.6 Limitation on Back Waaes. All awards for back wages shall be limited to the amount of wages, benefits and seniority that the grievant otherwise would have earned from the County, less any unemployment compensation and other sums Page 19 of 40 COLLECTIVELY BARGAINED AGREEMENT - UNIT ONE AGREEMENT BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA AND THE PROFESSIONAL FIREFIGHTERS OF MONROE COUNTY, IAFF LOCAL 3909 received either directly or indirectly through the County during the period for which back pay was awarded. ARTICLE 6: SENIORITY, LAYOFFS, RECALL. 6.1 Seniority Aoolication. Classification seniority shall be used for determining station assignments, as appropriate and consistent with the County's management rights. Department seniority shall be used for resolving all other issues concerning seniority, as appropriate and consistent with the County's management rights. 6.2 Seniority Determination. Classification seniority for employees within the same classification or rank shall be based upon the individual employee's last date of permanent hire. Department seniority for employees having the same date of permanent hire shall be based upon the longer time in classification, e.g. when two or more employees have the same last date of permanent hire, their relative seniority shall be determined first by their time in the highest attained classification or rank, and if this factor is equal for the employees involved, then their relative seniority shall be determined by lot. 6.3 Loss of Seniority. An employee shall lose his or her status as an employee and his or her classification seniority, rank, and department seniority if: 6.3.1 Resigns or Quits. The employee resigns or quits. 6.3.2 Discharaed. The employee is discharged for just cause. 6.3.3 Retirement. The employee retires and ceases to perform any services for the County. Enrolling into the Florida Deferred Retirement Option Plan (DROP) shall not be considered a retirement. 6.3.4 Lay Off. The employee has been laid off for a period of time equal to his or her department seniority at the time of the employee's layoff, or one (1) year, whichever is the lesser period of time. 6.4 Layoffs. 6.4.1 Order of Layoffs. At such time or times as the County may determine it is necessary to reduce the work force of the employees represented by the Union, the layoff of employees shall occur in the following order and in accordance with department seniority: 6.4.1.1 First Leyel. Temporary, part-time, trainee, and seasonal employees shall be the first level of staffing to be laid off. 6.4.1.2 Second Leyel. Probationary hires and non-permanent full-time employees shall be the second level of staffing to be laid off. Page 20 of 40 COLLECTIVELY BARGAINED AGREEMENT - UNIT ONE AGREEMENT BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA AND THE PROFESSIONAL FIREFIGHTERS OF MONROE COUNTY, IAFF LOCAL 3909 6.4.1.3 Third Level. Full-time permanent employees shall be the third level of staffing to be laid off. 6.4.2 Permanent Emolovee Lavoffs. 6.4.2.1 Basis. Permanent employees shall be laid off on the basis of their seniority classification within the classification or rank. 6.4.2.2 Manaaement Riaht. Classifications or ranks to be reduced in number of employees through layoffs shall be determined by the County in the exercise of its management rights. 6.4.3 "Bumoing" Riahts. 6.4.3.1 Within Deoartment. Employees who are represented by the Union and who are properly laid off shall not have bumping rights to any other department or division of the County. 6.4.3.2 Union Positions Exclusive. Employees who are laid off from any other department or division of the County shall not have bumping rights to any position represented by the Union. 6.4.3.3 Rankina Order. For purposes of bumping rights within class title of employees covered by this Agreement the last employee hired is the first employee out. 6.4.3.4 Bumoing Down. When an employee above the rank or classification of Airport Rescue Firefighter is notified he or she is to be laid off, he or she shall have the right to bump down to the next lower rank. If the employee elects to bump down, the least senior employee in seniority classification in the next lowest rank shall either be laid off or have the right to bump down, and this procedure shall be followed on down until the least senior employee in seniority classification has been reached, and this person shall be laid off. 6.4.4 Notice of Lavoffs. Upon the determination of the intent to reorganize staffing levels resulting in one or more employee layoffs, the County Administrator shall advise the Union president of the determination in writing as soon as practical. Any employee identified to be laid off shall be notified in writing of the reason or reasons for the layoff and the effective date of the layoff. Such written notice shall be given to the employee at least sixty (60) days prior to the effective date of the layoff. The notice shall be considered delivered as of the day it is hand-delivered to the employee or as of the day it is placed in the United States Mail, postage prepaid, and addressed to the employee's address as shown current in the employee's personnel file. 6.4.5 Recall. The County shall establish a two (2) year rehire list when any layoff occurs. Such list shall contain the name and classification or rank of the Page 21 of 40 COLLECTIVELY BARGAINED AGREEMENT - UNIT ONE AGREEMENT BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA AND THE PROFESSIONAL FIREFIGHTERS OF MONROE COUNTY, IAFF LOCAL 3909 employees who were laid off, with the names listed in order of seniority within the classification or rank. No person who is not on the rehire list may be hired until the rehire list is exhausted. 6.4.6 Rehire. When rehire occurs, the County shall refill the job within each classification or rank with the qualified individual who is next on the recall seniority list. Should no qualified individual on the rehire list accept the rehire offer, the County shall be free to hire any qualified individual in accordance with County hiring policies. Rehire notices shall be sent by certified mail, return receipt request, to the listed employee, allowing seven (7) calendar days after receipt for acceptance or rejection of the rehire offer. 6.4.7 Rehire Oualifications. Any person laid off and subsequently rehired within six months of the date of layoff shall be considered to be qualified for the classification or rank to which rehired, provided any certification for the position required by the State of Florida is in full force and effect. Individuals who are rehired after six months of layoff shall be required to successfully pass a position-related medical examination and show compliance with all State of Florida certification requirements. ARTICLE 7: CERTIFICATION, STANDARDS, AND TRAINING 7.1 Firefighters. The County's goal is to employ individuals to perform firefighting duties who possess a current, valid minimum standards certificate of compliance issued to that individual in accordance with the provisions of Section 633.34 and Section 633.35, Florida Statutes, and applicable provisions of the Florida Administrative Code. 7.1.1 Firefiahter Trainees. The County may, on a case by case basis, temporarily employ an individual to perform firefighting duties who does not possess the minimum standards certificate of compliance. Such individual shall be classified as a "trainee", and shall be paid a base salary equal to ninety percent (900/0) of the base salary of an entry-level firefighterjEMT. 7.1.2 Temoorarv Emolovment. A trainee shall be temporarily employed for a period not to exceed one year. During temporary employment, the County may, but is not obligated to, provide the opportunity for the trainee to attend a minimum standards firefighting academy at the County's expense. Upon obtaining the minimum standards certificate of compliance, the trainee shall become a regular employee, shall be paid at the base salary rate of an entry-level FirefighterjEMT, and shall begin the probationary period of employment. 7.1.3 Termination of Emolovment. The employment of a trainee who fails to receive the minimum standards certificate of compliance shall not be continued beyond the one-year period. 7.1.4 Reoavment Aareement. Individuals for whom the County provides the opportunity to attend a minimum standards firefighting academy at the County's Page 22 of 40 COLLECTIVELY BARGAINED AGREEMENT - UNIT ONE AGREEMENT BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA AND THE PROFESSIONAL FIREFIGHTERS OF MONROE COUNTY, IAFF LOCAL 3909 expense shall be required to enter into a repayment agreement. The terms and conditions of the repayment agreement shall be substantially in the form attached to this Agreement as EXHIBIT C. 7.1.5 Continuina Certification Training. The County shall provide those training opportunities, both on-duty and off-duty, that are sufficient to maintain those firefighting and EMS skills certification as minimally required by the State of Florida and Monroe County. 7.2 Emeraency Medical Technician CEMT) Certification. Individuals employed by Monroe County on a temporary or regular basis to perform firefighting duties shall possess certification by the State of Florida as an Emergency Medical Technician pursuant to the provisions of Chapter 401, Florida Statutes, and applicable Florida Administrative Code rules. The County shall provide those training hours, both on-duty and off-duty, that are sufficient to maintain EMT skills certification as minimally required by the State of Florida and Monroe County. 7.3 Paramedics. The County's ultimate goal is to provide professional fire rescue services through the employment of firefighters who are also certified by the State of Florida as a paramedic pursuant to the provisions of Chapter 401, Florida Statutes, and applicable Florida Administrative Code rules. 7.3.1 Paramedic Trainees. The County may, on a case by case basis, temporarily employ an individual to perform firefighting duties who does not possess certification as a Paramedic. Such individual shall be classified as a "trainee", and shall be paid a base salary equal to ninety percent (900/0) of the base salary of an entry- level Firefighter/Paramedic. 7.3.2 Temoorary Emoloyment. A trainee shall be temporarily employed for a period not to exceed one year. During temporary employment, the County may, but is not obligated to, provide the opportunity for the trainee to attend Paramedic training at the County's expense. Upon obtaining certification as a Paramedic, the trainee shall become a regular employee, shall be paid at the base salary rate of an entry-level Firefighter/Paramedic, and shall begin the probationary period of employment. 7.3.3 Termination of Emoloyment. The employment of a trainee who fails to receive certification as a Paramedic shall not be continued beyond the one-year period. 7.3.4 Reoayment Aareement. Individuals for whom the County provides the opportunity obtain certification as a Paramedic at the County's expense shall be required to enter into a repayment agreement. The terms and conditions of the repayment agreement shall be substantially in the form attached to this Agreement as EXHIBIT C. 7.3.5 Continuina Certification Trainina. The County shall provide those training hours, both on-duty and off-duty, that are sufficient to maintain those paramedic and firefighting skills as minimally required by the State of Florida and Page 23 of 40 COLLECTIVELY BARGAINED AGREEMENT - UNIT ONE AGREEMENT BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA AND THE PROFESSIONAL FIREFIGHTERS OF MONROE COUNTY, IAFF LOCAL 3909 Monroe County. 7.4 Initial Paramedic Certification For Firefighter/EMT Emoloyees. 7.4.1 Eliaibility. At the discretion of the County, non-probationary regular Unit members may be provided the opportunity to become certified under Florida law as a paramedic. 7.4.2 Schedulina and Aooroyal. The Unit member, the Union, and the County Fire Chief shall jointly discuss and agree in writing concerning the timing, conditions of attendance, and location of training to achieve Paramedic certification. One condition shall include a Repayment Agreement in substantially the form contained in Exhibit C, The certification training shall be at the expense of the County. 7.5 Paramedic Certification For Airoort Personnel. Airport personnel who maintain active paramedic certification shall receive 100/0 additional compensation at their current step, ARTICLE 8: SALARIES AND SUPPLEMENTS 8.1 Base Salary, Base salaries and step increases for positions covered by this Agreement are attached hereto as EXHIBIT B, and made a part of this Agreement by reference. On October 1 of each year of this contract, each step in the pay plan for the bargaining unit shall receive a three percent (30/0) cost of living adjustment, Step increases are effective on bargaining unit member's anniversary date. 8.2 State Mandated Educational Suoolement. In accordance with the provisions of Section 633.382, Florida Statutes, and in accordance with the provisions of Rules 69A-37,082 through 69A-37,089, Florida Administrative Code, the County shall be responsible for, and shall pay, to eligible employees the following amounts: 8.2.1 Associate Dearee. For employees holding an associate degree, the sum of $50.00 per month, not to exceed a total of $600.00 per calendar year. 8.2.2 Bachelor Dearee. For employees holding a bachelor's degree, the sum of $110.00 per month, not to exceed a total of $1,320,00 per year, 8.2.3 Dual Dearees. If an employee holds both an associate degree and a bachelor's degree, the employee shall receive only the supplement for the bachelor's degree, 8.3 Eliaibility For State Mandated Educational Suoolement. Eligibility for the state mandated supplement shall be determined in accordance Section 633,382, Florida Statutes, and in accordance with the provisions of Rules 69A-37,082 through 69A-37,089, Florida Administrative Code, 8.4 Base Salary. Bargaining Group Members base salary should be compensated in Page 24 of 40 COLLECTIVELY BARGAINED AGREEMENT - UNIT ONE AGREEMENT BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA AND THE PROFESSIONAL FIREFIGHTERS OF MONROE COUNTY, IAFF LOCAL 3909 a level method. Base salary should be divided by the annual number of pay periods (26 currently). Overtime and other special pay will be paid in accordance with County payroll procedures. 8.5 Hold-Over Time, Call Back Time. and Early Reoortina Time Salary Suoolements. 8.5.1 Hold Over Time. "Hold Over Time" shall mean the work time when an employee is required to work beyond the end of his or her regularly scheduled work shift. 8.5.2 Call Back Time. "Call Back Time" shall mean the time when, after an employee has completed his or her normal shift and has departed the work site without B'1Y expectation of returning to work before his or her next regularly scheduled shift, the employee has been contacted to report for work and does in fact report for work. Call Back Time shall commence when the employee reports to the work site and shall end when the employee completes the work and departs from the work site. Call Back Time shall consist of a minimum of four hours of work. 8.5.3 Earlv Reoortina Time. "Early Reporting Time" shall mean the time an employee is required to report to work, for a regularly scheduled work shift, at a time earlier than the normal starting time for the regularly scheduled work shift. 8.5.4 Compensation. Compensation for Hold Over Time, Call Back Time, and Early Reporting Time shall be paid at the regular and overtime rates in accordance with the calculation of the hours worked by the employee during the regular work cycle. 8.6 Overtime Pay. Overtime Pay shall be calculated at the rate of one and one-half times the regular hourly rate of pay. Overtime Pay shall be paid for each hour worked in excess of two hundred four (204) hours during the work cycle. 8.7 FIiQht Pay 8.7.10ualification Rate. Paramedics or Firefighter/Paramedics who are designated as flight-qualified shall be entitled to a salary supplement equal to five percent (50/0) of his or her normal rate of pay during the time he or she is designated as flight-qualified. Bargaining unit members who met this qualification for any period of time between October 1, 2004 and the effective date of this contract shall be paid retroactively for those hours for which they met the qualification. 8.7.2Assignment Rate. Flight qualified Paramedics or Firefighter/Paramedics assigned to a work location where he or she is designated to be a flight-medic, and who is further assigned to an air ambulance which is subject to immediate dispatch on a medivac mission, shall be entitled to a salary supplement equal to seven percent (70/0) of his or her normal rate of pay. This is in addition to the qualification rate in 8.7.1. Bargaining unit members who met this qualification for any period of time between October 1, 2004 and the effective date of this contract shall be paid Page 25 of 40 COLLECTIVELY BARGAINED AGREEMENT - UNIT ONE AGREEMENT BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA AND THE PROFESSIONAL FIREFIGHTERS OF MONROE COUNTY, IAFF LOCAL 3909 retroactively for those hours for which they met the qualification. 8.7.3 Desianation and Trainina. ,It is the right of the County from time to time to determine the number of positions to be designated flight-qualified, to determine the assignment locations of Paramedics or Firefighter/Paramedics who are flight-qualified, and to determine staffing requirements for air ambulance missions. It is the responsibility of the individual Paramedic or Firefighter/Paramedic to complete all training hours required to maintain the designation as flight-qualified. In the event that such training hours cannot be completed during assigned duty shifts, the individual shall be responsible for completing the necessary training hours on his or her own time and at no cost to the County. 8.8 Hurricane Pay. Members of the bargaining unit shall be paid for administrative emergency hours in the same manner as other county employees as specified in policies in effect. ARTICLE 9: EMPLOYMENT BENEFITS 9.1. Applicabilitv. The benefits listed in this Article and elsewhere in this Agreement apply only to full-time personnel unless expressly stated otherwise. 9.2. Annual (Vacation) Leave. 9.2.1 Employees whose normal duty assignments involve shift work usually consisting of 24 hours on-duty followed by 48 hours off-duty (as may be referred to as a "24/48 schedule") shall earn annual leave while employed full-time by the County. 9.2.2 An employee shall commence earning annual leave beginning with the first day of work following employment or re-employment, provided an entire pay period is worked. 9.2.3 An employee who has had a break in employment of 60 hours or more shall earn annual leave, upon reinstatement or re-employment, at the rate established for newly-hired employees. 9.2.4 An employee shall earn annual leave in accordance with the following schedule: 9.2.4.1 During the pt, 2nd, and 3rd years of employment, annual leave shall be earned at the rate of five (5) hours per pay-period, with the total number of hours earned not to exceed one hundred thirty (130) hours in a calendar year. 9.2.4.2 During the 4th through 10th years of employment, annual leave shall be earned at the rate of six and one-quarter (6.25) hours per pay-period, with the total number of hours earned not to exceed one hundred sixty-two and one-half (162.5) hours in a calendar year. Page 26 of 40 COLLECTIVELY BARGAINED AGREEMENT - UNIT ONE AGREEMENT BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA AND THE PROFESSIONAL FIREFIGHTERS OF MONROE COUNTY, IAFF LOCAL 3909 9.2.4.3 During the 11th through 15th years of employment, annual leave shall be earned at the rate of seven and one-half (7.5) hours per pay-period, with the total number of hours earned not to exceed one hundred ninety-five (195) hours in a calendar year. 9.2.4.4 During the 16th year of employment and for each year thereafter, annual leave shall be earned at the rate of eight and three-quarters (8.75) hours per pay-period, with the total number of hours earned not to exceed two hundred twenty- seven and one-half (227.5) hours in a calendar year. 9.2.5 The application, administration and interpretation of annual leave benefits shall be in accordance with the applicable provisions of Monroe County Administrative Procedures and any addenda thereto, as may be amended from time to time. Any provision of the Administrative Procedures or any addenda which is in direct conflict with any provision in this Agreement is superseded by this Agreement to the extent of such conflict. 9.3. Sick Leave. 9.3.1 Employees whose normal duty assignments involve shift work usually consisting of 24 hours on-duty followed by 48 hours off-duty (as may be referred to as a "24/48 schedule") shall earn sick leave while employed full-time by the County. 9.3.2 An employee shall commence earning sick leave beginning with the second pay period following employment or re-employment. 9.3.3 An employee who has had a break in employment of sixty (60) hours or more shall earn sick leave, upon reinstatement or re-employment, at the rate established for newly-hired employees. 9.3.4 An employee shall earn sick leave at the rate of five (5) hours per pay- period, with the total number of hours earned not to exceed one hundred thirty (130) hours in a calendar year. 9.3.5 An employee who has an accrued an unused sick leave balance of more than four hundred eighty (480) as of September 30th in any year shall have the option to either: 9.3.5.1 Receive payment for hours accrued and unused in excess of four hundred eighty (480) hours, multiplied by the employee's then current rate of pay as of September 30th of that year; provided, however, that the total number of hours for which payment is received shall not exceed fifty-two (52) in any year. 9.3.5.2 Elect to have the excess hours remain as accrued and unused, provided the employee notifies the Personnel Office by September 1st that the employee is foregoing payment for the excess hours. Page 27 of 40 COLLECTIVELY BARGAINED AGREEMENT - UNIT ONE AGREEMENT BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA AND THE PROFESSIONAL FIREFIGHTERS OF MONROE COUNTY, IAFF LOCAL 3909 9.3.6 An eligible employee may enroll in and receive the benefits of the Monroe County Sick Leave Pool. Enrollment procedures and rules for the operation of the Sick Leave Pool are found in Monroe County Administrative Instruction 4702, as amended from time to time, and these procedures and rules shall be used in the administration of the Sick Leave Pool program. 9.3.7 The application, administration and interpretation of sick leave benefits shall be in accordance with the applicable provisions of Monroe County Administrative Procedures and any addenda thereto, as may be amended from time to time. Any provision of the Administrative Procedures or any addenda which is in direct conflict with any provision in this Agreement is superseded by this Agreement to the extent of such conflict. 9.4. Holidav Leave. 9.4.1 The County has recognized certain days to be holidays, during which most County offices are normally closed. The County and Union agree that the County's firefighting and emergency rescue services are, and shall be, available during holidays, and that some bargaining unit members will be required to work during designated holiday periods. 9.4.2 The application, administration and interpretation of holiday leave benefits shall be in accordance with the applicable provisions of Monroe County Personnel Policies and Procedures and any addenda thereto, as may be amended from time to time. Any provision of the Personnel Policy and Procedures or any addenda which is in direct conflict with any provision in this Agreement is superseded by this Agreement to the extent of such conflict. 9.5. Uniform And Personal Gear; Maintenance. The County and Union agree that certain uniform and protective equipment shall be supplied and/or maintained by the County under the following terms and conditions: 9.5.1 Uniforms, Initial Issuance. The County agrees to issue to each Unit member the following uniform items: Page 28 of 40 COLLECTIVELY BARGAINED AGREEMENT - UNIT ONE AGREEMENT BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA AND THE PROFESSIONAL FIREFIGHTERS OF MONROE COUNTY, IAFF LOCAL 3909 ITEM DESCRIPTION NUMBER ISSUED Shirt, Long Sleeve, Blue, wjlnsignia Two Shirt, Short Sleeve, Blue, w/lnsignia Two Shirt, ''T'', wjlnsignia Five Suit, Jump, wjlnsignia One Coat, Rain One Jacket, wjlnsignia One Pants Two Shirt, Polo, Grey, wjlnsignia Two Badge One Name Tag One Station Shoes/Boots One Pair 9.5.2 Uniforms. ReDlacement. Any uniform item which, as determined by the County, has been destroyed, damaged beyond economical repair, or which is otherwise unusable or unsightly due to wear and tear shall be replaced by the County at the County's expense. 9.5.3 Uniforms. Maintenance. The County agrees to provide at each work site a clothes washer and clothes dryer for use by Unit members to clean and dry issued items of uniform clothing. 9.5.4 Uniforms. Class A. At such time as the County adopts a Class A (Formal) uniform for fire/rescue personnel, the County shall issue one Class A uniform to each Unit member who has been a Unit member for three or more consecutive years of service. 9.5.4.1 The uniform shall be owned by the County, and upon termination, other than retirement, from employment a Unit member shall return the issued Class A uniform to the County, or shall pay to the County the full cost of replacement of the uniform. Page 29 of 40 COLLECTIVELY BARGAINED AGREEMENT - UNIT ONE AGREEMENT BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA AND THE PROFESSIONAL FIREFIGHTERS OF MONROE COUNTY, IAFF LOCAL 3909 9.5.4.2 Any Unit member to whom a Class A uniform has been issued, and who retires from service while still a Unit member, shall be entitled, upon his or her request, to retain the Class A uniform as his or her property. 9.5.5 Footwear. Aoproved. The County shall have the right to designate the type, model, and supplier of footwear (station shoes/boots) to be worn by Unit members while performing services for the County. Only the purchase of approved footwear shall entitle the Unit member to reimbursement as provided below. 9.5.6 Footwear, Reimbursement. A Unit member shall be entitled to reimbursement in an amount up to Three Hundred Dollars ($300.00) each odd- numbered year for the purchase of approved footwear to be used by the Unit member while performing services for the County. The Unit member shall submit sales receipts in form suitable to the County showing the date, item purchased, and total amount to he reimbursed, and reimbursement shall be processed and payment made in accordance with the County's usual practices and procedures. 9.5.7 Footwear, SUDolier Contract. In the event that the County enters into an agreement with any entity to be a footwear supplier to the County for purposes of providing footwear to Unit members, the procedures put into place by the County pursuant to the contract shall be the approved method for acquiring footwear by Unit members. 9.5.8 Personal Protective Gear, Issuance. The County agrees to issue to each Unit member the following personal protective gear: Page 30 of 40 COLLECTIVELY BARGAINED AGREEMENT - UNIT ONE AGREEMENT BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA AND THE PROFESSIONAL FIREFIGHTERS OF MONROE COUNTY, IAFF LOCAL 3909 ITEM DESCRIPTION NUMBER ISSUED Coat, Bunker One Pants, Bunker One Boots, Protective One Pair Gloves, Protective One Pair Hood, Fire Resistant One Helmet, Fire One Suspenders, Pants One Pair Bag, Mask One Mask, MSA, Complete One Pack, "Fanny" One Sleeves, Protective One Pair Glasses, Safety One Pair Shears, Trauma One Pair 9.5.9 Personal Protective Gear, Replacement, Any item of personal protective gear which, as determined by the County, has been destroyed, damaged beyond economical repair, or which is otherwise unusable or unsightly due to wear and tear shall be replaced by the County at the County's expense. 9.5.10 Personal Protective Gear. Maintenance. The County agrees to clean and repair a Unit member's items of personal protective gear at such times as may be deemed necessary from time to time by appropriate supervisory personnel. 9.6. Health And Medical Coveraqe. The County agrees to provide to Unit members coverage under a Medical Insurance Plan, a Pharmaceutical Co-Pay Plan, an Employee Assistance Plan, and make available to Unit members a Payroll Deduction Plan for Vision and Dental Services. These plans shall be offered under the same terms, conditions, and limitations as offered to other County employees, as amended or changed from time to time. Page 31 of 40 COLLECTIVELY BARGAINED AGREEMENT - UNIT ONE AGREEMENT BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA AND THE PROFESSIONAL FIREFIGHTERS OF MONROE COUNTY, IAFF LOCAL 3909 9.7. Life Insurance. The County agrees to provide life insurance coverage for each Unit member in the amount of Twenty Thousand Dollars ($20,000.00) at no premium cost to the Unit member. Such coverage shall be of the type provided to other County employees and shall be with such underwriter or underwriters as the County may select from time to time. 9.8. Physical/Medical Examinations 9.8.1 The County and Union agree that, among other considerations, eligibility of bargaining unit employees to receive certain presumptions and entitlements relative to communicable diseases, disability, and other benefits requires a physical/medical examination of the employee had been conducted prior to the occurrence of the event or condition upon which the presumption or entitlement is based. Additionally, a physical/medical examination evincing good physical condition is required by Section 633.34, Florida Statutes, as a pre-condition of employment as a firefighter. The County and Union further agree that physical/medical examinations for bargaining unit employees in addition to "post-offer, pre-employment" physical/medical examinations is warranted by the nature of the bargaining unit members' duties. 9.8.2 Initial Physical/Medical Examination. The County agrees to provide a post-offer of employment physical examination to an applicant to be hired for a position included in the bargaining unit. The physical examination shall be administered in accordance with applicable provisions of the Americans with Disabilities Act ("ADA") and appropriate Monroe County Personnel Policies and Procedures and addenda thereto. The cost of the physical examination shall be paid for by the County, and the minimal scope, content and documentation of the physical examination shall be in accordance with the requirements of the Division of State Fire Marshal, Bureau of Fire Standards and Training. 9.8.3 Periodic In-Service Physical/Medical Examination. The County agrees to provide a physical/medical examination to each full-time employee covered by this Agreement at such times and in such extent as provided for in Section 2-4, Chapter 2, of Standard 1582 Edition 2000 of the National Fire Protection Association, entitled Medical Requirements for Firefighters and Information for Fire Department Physicians. The County will use its good faith efforts to schedule the physical/medical examination for an employee during the 30 days immediately prior to, or the 30 days immediately after, the employee's hire anniversary date; however, it shall also be the responsibility of the employee to make appropriate notification to the County of the need for the scheduling of the physical\medical examination. The failure of the County to meet this general scheduling requirement for physical\medical examinations shall not be subject to the grievance procedures provided for elsewhere in this Agreement. The cost of the physical\medical examination shall be paid for by the County. Failure of current (as of October 1, 2005) employees to comply with Category A criteria will not automatically disqualify them from their position but a decision will be made based on safety issues and performance of the employee. Page 32 of 40 COLLECTIVELY BARGAINED AGREEMENT - UNIT ONE AGREEMENT BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA AND THE PROFESSIONAL FIREFIGHTERS OF MONROE COUNTY, IAFF LOCAL 3909 9.8.4 5Decial Incident Physical Examination. The County agrees to provide a physical\medical examination to any full-time employee who has been exposed to an infectious or contagious disease while in the performance of the employee's duties for the County. Additionally, the County agrees to provide a physical\medical examination to a full-time employee who has been involved in any incident while in the performance of the employee's duties for the County which, as generally and commonly recognized in the medical community, would require a physical\medical examination. The performance of such physical\medical examination shall be within a medically reasonable period of time after the exposure or incident, and the cost of the physical\medical examination shall be paid for by the County. 9.8.5 Fitness For Duty Examinations. The County shall have the right to require an employee to undergo a physical examination or mental examination, or both, when it appears that the employee has exhibited an action or conditions that are readily observable to a reasonable and prudent person and which would lead such a person to reasonably believe that the employee may not be able to fully perform his or her duties. The cost for the examination or examinations shall be paid for by the County, the examination or examinations shall be performed by the professional designated by the County, and the results of the examination shall be reported in the manner required by the County. If any applicable federal or state law shall require that the employee who has been examined in accordance with this section provide written consent for the release of the examination information to the County, the employee shall provide such written consent conditioned upon the County maintaining the confidentiality of the information received and the County shall only release the information as required by federal or Florida law or by lawful order issued by a court or administrative tribunal having competent authority to issue such an order. 9.8.6 Documentation of Physical/Medical Examinations. For physical/medical examinations administered in accordance with Sections 9.8.2 and 9.8.3 above, the documentation of the physical/medical examination shall be provided to the County on Forms identified as Figure E-1, NFPA Physical Exam Summary (2000 Edition) and Figure E-2, NFPA Medical Examination Form (2000 Edition). The minimal requirements for reporting shall include a complete medical history and general physical examination; urine drug screen for all drugs identified by the County from time to time in accordance with state statute; complete blood screen as identified by the County from time to time in accordance with state statute; chemistry and lipid profile; audiogram, 12-lead electrocardiogram with interpretation and report; chest x- ray, and treadmill stress testing. 9.9. Firefiahter Death Benefits 9.9.1 Florida Law. Section 112.191, Florida Statutes, requires the County to provide certain benefits to a firefighter, the firefighter's surviving spouse, and any surviving children of a firefighter who dies, is killed, or suffers a catastrophic injury under conditions specified in Section 112.191. 9.9.2 Amounts. The amounts to be paid by the County under this law range Page 33 of 40 COLLECTIVELY BARGAINED AGREEMENT - UNIT ONE AGREEMENT BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA AND THE PROFESSIONAL FIREFIGHTERS OF MONROE COUNTY, IAFF LOCAL 3909 from $50,000 to $150,000 per firefighter, with such amounts subject to adjustment as determined by the State Fire Marshal, and such payments shall be in addition to any worker's compensation and pension benefits. Additionally, the County will pay the entire health insurance plan premium for the firefighter and his or her spouse and children under the conditions specified in Section 112.191. 9.9.3 Budaeting. The County agrees to budget each year for the anticipated costs of providing the benefits under Section 112.191. The amount of reserves, insurance expenses and other costs related to the benefits to be provided shall be in such amounts to be solely determined in good faith by the County. Additionally, the County shall have the right to provide for the payment of these benefits through self- insurance, appropriate insuring policies, or a combination thereof. The cost of any insurance premiums shall be paid by the County. 9.9.4 ADDlicable Rules. The provisions of Section 9.8 shall be administered consistent with the provisions contained in Rules 69A-64.001 through 69A-64.005, Florida Administrative Code. 9.10. Florida Retirement System Contributions. 9.10.1 Florida Law. All full-time employees of the County are required to participate in the Florida Retirement System (FRS). Bargaining unit members are classified as "special risk" employees under the FRS, which requires the County to make contributions to the FRS on a higher percentage basis than for regular members of the FRS. 9.10.2 Budgeting. The County agrees to budget each year for the anticipated total amount of contributions to be made to the FRS on account of the bargaining unit members. 9.10.3 No Member Contribution. Bargaining unit members shall not be required or obligated to contribute any sums to the FRS; provided, however, that if in the future the state law changes in this regard, this provision of the Agreement shall be automatically amended to conform with the statutory provisions. 9.11. Educational EXDense Reimbursement. 9.11.1 General. The County agrees to reimburse employees for educational expenses incurred by the employee under the following terms and conditions: 9.11.1.1 Eliaibilitv. The employee must have been employed full-time by the County for at least one year immediately prior to applying for reimbursement, and the employee must not be in an initial or extended probationary status. 9.11.1.2 Prohibitions. The employee shall not utilize any space, personnel, equipment or supplies provided by the County in the process of fulfilling any of the requirements of the coursework for which the employee is being reimbursed. Page 34 of 40 COLLECTIVELY BARGAINED AGREEMENT - UNIT ONE AGREEMENT BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA AND THE PROFESSIONAL FIREFIGHTERS OF MONROE COUNTY, IAFF LOCAL 3909 9.11.1.3 New Coursework. The coursework must not be duplicative of any coursework for which the employee has been previously reimbursed by the County, unless required by Section 7.1.5. 9.11.2 Administration. The application, administration and interpretation of educational reimbursement benefits, and the amounts to be paid, shall be in accordance with the applicable provisions of Monroe County Personnel Policies and Procedures and any addenda thereto, as may be amended from time to time. Any provision of the Policies and Procedures or of any addenda which is in direct conflict with any provision in this Agreement is superseded by this Agreement to the extent of such conflict. 9.12 Communicable Disease Immunization. 9.12.1 AcknowledQment of Risk. The County and Union agree that the bargaining unit members run a high risk of occupational exposure to hepatitis, meningococcal meningitis, and tuberculosis, and the County should provide such immunizations and keep records thereof. 9.12.2 Records and Notification. The County shall maintain a record of any known or reasonably suspected exposure of a bargaining unit member to the diseases described in Section 9.12.6, and the County shall immediately notify the employee of such exposure. 9.12.3 Member to ReDort. Each bargaining unit member who has knowledge of known or suspected occupational exposure to the diseases described in Section 9.12.6 shall immediately file a report of the incident to the appropriate supervisory personnel. 9.12.4 Immunization. Each bargaining unit member shall be inoculated against hepatitis upon employment or as may be medically required in order to have current immunization against hepatitis. The County shall pay for the costs of such immunization. An employee may refuse immunization but he/she must sign a release if he/she does not flave avail him/herself of the immunization opportunity. 9.12.5 Future Circumstances: Reauirements. Whenever any standard, medically recognized vaccine or other form of immunization or prophylaxis exists for the prevention of a communicable disease recognized in Section 112.181, Florida Statutes, the County may require bargaining unit members to undergo the immunization or prophylaxis; provided, such immunization or prophylaxis is medically indicated in the given circumstances pursuant to immunization policies established by the Advisory Committee on Immunization Practices of the United States Public Health Service and the employee's physician has not determined in writing that the immunization or prophylaxis would pose a significant risk to the employee's health. 9.12.6 ReQuired ScreeninQ For StatutorY PresumDtions. Page 35 of 40 COLLECTIVELY BARGAINED AGREEMENT - UNIT ONE AGREEMENT BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA AND THE PROFESSIONAL FIREFIGHTERS OF MONROE COUNTY, IAFF LOCAL 3909 9.12.6.1 Florida Law. Section 112.18 and Section 112.181, Florida Statutes, provides that, under certain conditions, specified illnesses and injuries shall be presumed by law to have been accidental and to have been suffered in the line of duty, provided a medical examination had been previously conducted upon the employee or the employee has executed a written affidavit as provided in Section 92.50, Florida Statutes. 9.12.6.2 Screeninas And Affidavits. The County agrees to provide the i1ledical screenings, as part of the physical and medical examinations provided for in Section 9.8 of this Agreement. 9.13 Public Records Exemotions. 9.13.1 Florida Law. Chapter 119, Florida Statutes, provides protections against certain information being available to the public under the Florida Public Records law. 9.13.2 Exemot Information. The County and Union agree that, to the fullest extent allowed by law, all information protected by Chapter 119, Florida Statutes is exempt from inspection under Section 119.01, Florida Statutes. 9.13.3 Protection of Exemotion. The County agrees that, when any request is received under the Florida Public Records law to inspect any record maintained by the County relating to a member of the bargaining unit, the County will take such steps as are reasonably required to redact, omit, cover up, or otherwise eliminate from the records to be inspected such information as is listed in Section 9.12.2. 9.14 Workers' Comoensation Premiums. 9.14.1 Coveraae and Benefits. All full-time Unit member employees of the County are participants in the Florida Workers' Compensation program and are entitled to receive such coverage and benefits as provided by the Florida Workers' Compensation law. 9.14.2 Budaeting. The County agrees to budget each year for the anticipated total amount of claims and excess insurance premiums to be paid for workers' compensation coverage of, and payments on behalf of, the bargaining unit members. 9.14.3 No Member Contribution. Bargaining unit members shall not be required or obligated to contribute any sums towards workers' compensation insurance premiums; provided, however, that if in the future the state law changes in this regard, this provision of the Agreement shall be automatically amended to conform with the statutory provisions. 9.15 Unemolovment Comoensation Benefits. Page 36 of 40 . COLLECTIVELY BARGAINED AGREEMENT - UNIT ONE AGREEMENT BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA AND THE PROFESSIONAL FIREFIGHTERS OF MONROE COUNTY, IAFF LOCAL 3909 9.15.1 Florida Law. In general, employees of the County are entitled to the rights and benefits provided by the Florida Unemployment Compensation law. 9.15.2 Budaetina. The County is a "reimbursable employer" under the law, and agrees to pay each year the total amount of unemployment benefits to be repaid to the State of Florida for unemployment compensation benefits payable to or on account of bargaining unit members. 9.15.3 No Member Contribution. Bargaining unit members shall not be required or obligated to contribute any sums as contributions towards unemployment compensation benefits; provided, however, that if in the future the state law changes in this regard, this provision of the Agreement shall be automatically amended to conform with the statutory provisions. 9.16 Federal Government Contributions. 9.16.1 FICA and Medicare. The County agrees to remit to the federal government on a timely basis all amounts owed as the employer's portion of FICA and Medicare contributions attributable to the employment by the County of each Unit member. 9.16.2 Emolovee Withholding. The County agrees to deduct from each Unit member's salary and wages all amounts owed by the employee to the federal government for the employee's share of FICA and MediCare contributions, and withholding and forwarding of federal income tax obligations. ~7 Savinas Bond Deductions. The County agrees to provide the opportunity to Unit members and employees to participate in a Savings Bond program through a payroll deduction plan. The program shall be administered by the County in accordance with its standard practices, as may be amended from to time. 9.18 Direct Deoosit Pavroll Ootion. The County agrees to provide a program for direct deposit of a Union member's and employee's pay into a financial institution of the Unit member's or employee's choice, consistent with the policies and practices of the County, as may be amended from time to time. 9.19 Years-of-Service Award Program. The County agrees to provide an award program to recognize employees who have been employed by the County for five years or more, and this program shall be administered as provided in Section 2-15.6, Monroe County Code, as amended from time to time. ARTICLE X: MISCELLANEOUS PROVISIONS. 10. Term of Aareement: Effective Date. 10.1 Term. The term of this Agreement shall be for a period of three (3) years, commencing at 12:01 A.M. on October 1, 2005, and ending on September 30,2008, at Page 37 of 40 .. COLLECTIVELY BARGAINED AGREEMENT - UNIT ONE AGREEMENT BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA AND THE PROFESSIONAL FIREFIGHTERS OF MONROE COUNTY, IAFF LOCAL 3909 11:59 P.M. 10.2 This Agreement shall remain in full force and effect during any negotiations and shall continue in full force and effect until such time as a new agreement is reached or imposed. 10.3 ReoDener. By mutual consent this contract can be reopened with thirty (30) days notice to discuss specific issues which shall be agreed upon mutually by both parties prior to commencement of negotiation. In year 2 this contract can be reopened for year 3 of the contract for the purpose of discussing an additional Kelly Day. 11. Bargainina Unit Work Security. During the term of this Agreement, the Employer shall not assign or delegate out bargaining unit work in any manner whatsoever. In particular, the County agrees that fire suppression (combat), rescue, fire prevention emergency medical services, administrative services and other Fire/EMS or Airport Fire/Rescue Department related services and functions shall not be assigned or delegated out in any manner, to private or public entities. This article does not apply to fire suppression, rescue or emergency medical services that are currently provided by volunteer fire companies registered as nonprofit corporations within the State of Florida; however, no expansion or any type or kind beyond the current fire district/zone/area of each volunteer fire company that is currently under contract to Monroe County is permissible under this article. This does not preclude services covered under mutual aid agreements or services needed in the event of catastrophic events that impacts bargaining units ability to provide staffing for services. - 12. Construction. This Agreement and the terms hereof shall be construed in accordance with the laws of the State of Florida and venue for all actions in a court of competent jurisdiction shall lie in Monroe County, Florida. 13. Severabilitv. Should any word, phrase or provision of this Agreement be declared illegal or invalid by a court of competent jurisdiction, such declaration of illegality and/or invalidity shall not affect the remainder hereof. 14. Entire Agreement. No statements, representations, or warranties, whether written or oral or from whatever source arising, that were made or alleged to have been made in the negotiation of this Agreement, or alleged as being an inducement by or to either the County or the Union to enter into this Agreement, shall have any validity between the County and the Union or be binding on either the County or the Union, unless such statement, representation, or warranty is expressly written into this Agreement. 15. CaDtions And ParagraDh Headinas. Captions and paragraph headings contained in this Agreement are for convenience and reference only and in noway define, describe, extend or limit the scope and intent of this Agreement, nor the intent of any provision of this Agreement. 16. Exhibits. Page 38 of 40 . COLLECTIVELY BARGAINED AGREEMENT - UNIT ONE AGREEMENT BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA AND THE PROFESSIONAL FIREFIGHTERS OF MONROE COUNTY, IAFF LOCAL 3909 16.1 Inclusion in Aareement. The Exhibits referred to in, and attached to, this Agreement shall be incorporated into this Agreement and be a part of this Agreement. 16.2 Additional Exhibits: Amendment of Exhibits. The County and Union agree that one or more additional Exhibits may be added to this Agreement, and that any Exhibit to this Agreement may be amended, changed, or supplemented from time to time, provided that such addition, change, amendment, or supplement shall be accepted and approved by both the Union members and the County consistent with the procedures for ratification and approval of agreements provided for in Chapter 447, Florida Statutes, and further provided that only the added, changed, amended, or supplemented Exhibit need be submitted for ratification and approval. 16.3 Chanaes to Section 16.4. The list of Exhibits provided in Section 16.4 of this Agreement shall be amended from time to time by the County to reflect any additions, supplements, changes, or amendments ratified and adopted from time to time as provided for in Section 16.2 of this Agreement. 16.4 List of Exhibits. The Exhibits to this Agreement are as follows: 16.4.1 Exhibit A: Union Certification Documentation. 16.4.2 Exhibit B: Base Salarv And SteD Increase Chart. 16.4.3 Exhibit C: Repayment Agreement. To be added at later date bv mutual agreement. Pursuant to Section 447.309(1), Florida Statutes, the above agreement is agreed to by and between the bargaining agent and the chief executive officer of Monroe County. Baraainina Aaent. Professional Firefighters of Monroe County, International Association of Firefighters, Local 3909 ~ By: ~~ preSidenV 0~ .-/ Date: ~ 0..> Chief Executive Officer: By: ~~ Tom Willi, c~n% dministrator Date: I '1 at; l ' Page 39 of 40 . COLLECTIVELY BARGAINED AGREEMENT - UNIT ONE AGREEMENT BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA AND THE PROFESSIONAL FIREFIGHTERS OF MONROE COUNTY, IAFF LOCAL 3909 This Collectively Bargained Agreement was bargained for and agreed to in accordance with the provisions of Chapter 447, Florida Statutes, and Chapter 286, Florida Statutes; was submitted to the bargaining unit members and ratified by a vote of .1 g-- votes for the Agreement and ~ votes against the Agreement; and after ratification was submitted to the Board of County Commissioners for action. . Bargainina Aaent. Professional Firefighters of Monroe County, International Association of Firefighters, Local 3909 President Date: By: The Board of County Commissioners, at a duly noticed and publicly held meeting at Marathon , Monroe County, Florida, on December 21 , 200~, approved the above Agreement by (unanimous) (majority) vote of the Board Of County Commissioners, as follows: VOTING FOR: Mayor McCoy Mayor Pro Tem Nelson Commissioner NeuRent Commissioner Rice Commissioner Spehar VOTING AGAINST: BOARD OF COU TV COMMISSIONERS OF MONROE COUN FLORIDA ~. "/0~~ / / ~'\~~ /~..,. c~{ ~,< , " g" "'" AUf . ::-- .' .': O,ANN. " KOLHAGE, (jerk Qf Court . BY:~~ DeJ;luty C1~rk Date: ~ 20', 2,.00'; By: Mayor C.'-'4V" I c:.s \ SO""".." ' t1 e.c.oi Date: ~ %1. %_0,\ Page 40 of 40 " Exhibit A INRE STATE OF FLORIDA PUBUC EMPlOYEES RBATlONS COMMlssM C E! \/~ ') .A~ 18 "'10: 32 , ., t"__ ..a- ~..- ;t.Et.,. .... ~.,..,. . . \...., ~... . - 1_. '",,_ .. ..\ ~l L.\'ICI"'-'(;'\' :lyrE::>> n", .0I....'5SI 9~ '-".. ON APPLICATION FOR RENEWAL OF REGlSTAAllON OF PROFESSlONAL FIRE FIGHTERS OF MCHlOE COUNTY. IAFF LOCAL 3909 Don Bock. Tsvemler. repreaent8tive for employee 0IgBI1Iz:Bd0n. The abcMHtamed ~ organIzaIIon 1I8d 811 appIicatJan for I8n8WBI of ~b~ plIIBlJR 10 SectIons 120.80 and 447.305. FIorfda Statutes (2004), on Jttt 28, 2005. The Comm\a8k)n has J1NIel.Ned the appUcatIon for ntn8WII d ~ ~ aI matBriaII submitted In support thereof, The organfzatIon has fuly compIed with the requirements d Secdona 120.60 and 447.305, Florida Stalutae. AccordIn9Y. the organtzalion's applc8tion for renewal of registration Is GRANTED. Registration of the organization shall be in ful force and effed for 8 period of one year from September 24, 2005. It Is so ortlenld. POOLE. Chair, KOSSUTH, JR., and VARN. Comrnlaionerw. concur. BY: t The Professional Fire Fighters of Monroe County - IAFF Local 3909 Unit 1 , Exhibit B Base Salary Step Increase Chart Fiscal Year 2005-6 Position/Service Year FF/Paramedic FF/EMT Airport Rescue FF Paramedic EMT Hire 36,803.24 33,411.14 33,457.49 33,459.76 30,417.96 1 38,665.21 35,150.19 35,150.19 35,152.57 31,956.88 2 40,527.18 36,842.89 36,842.89 36,845.39 33,495.81 3 42,389.16 38,535.60 38,535.60 38,538.20 35,034.73 4 44,251.13 40,228.30 40,227.68 40,231.02 36,573.65 5 46,113.10 41,921.00 41,921.00 41,923.83 38,112.58 6 47,975.07 43,613.70 43,613.70 43,616.65 39,651.50 7 49,837.04 45,306.40 45,306.40 45,309.46 41,190.42 8 51,699.02 46,999.11 46,999.11 47,002.28 42,729.34 9 53,560.99 48,691.81 48,691.81 48,695.09 44,268.27 10 55,422.96 50,384.51 50,384.51 50,387.91 45,807.19 Fiscal Year 2006.7 Position/Service Year FF/Paramedic FF/EMT Airport Rescue FF Paramedic EMT Hire 37,907.34 34,413.47 34,461.21 34,463.55 31,330.50 1 39,825.17 36,204.70 36,204.70 36,207.15 32,915.59 2 41,743.00 37,948.18 37,948.18 37,950.75 34,500.68 3 43,660.83 39,691.66 39,691.66 39,694.35 36,085.77 4 45,578.66 41,435.15 41,434.51 41,437.95 37,670.86 5 47,496.49 43,178.63 43,178.63 43,181.55 39,255.95 6 49,414.32 44,922.11 44,922.11 44,925.15 40,841.04 7 51,332.16 46,665.60 46,665.60 46,668.75 42,426.13 8 53,249.99 48,409.08 48,409.08 48,412.35 44,011.22 9 55,167.82 50,152.56 50,152.56 50,155.95 45,596.32 10 57,085.65 51,896.05 51,896.05 51,899.55 47,181.41 Fiscal Year 2007-8 POSition/Service Year FF/Paramedic FF/EMT Airport Rescue FF Paramedic EMT Hire 39,044.56 35,445.88 35,495.05 35,497.46 32,270.41 1 41,019.92 37,290.84 37,290.84 37,293.36 33,903.06 2 42,995.29 39,086.63 39,086.63 39,089.27 35,535.70 3 44,970.66 40,882.41 40,882.41 40,885.18 37,168.34 4 46,946.02 42,678.20 42,677.55 42,661.09 38,600.99 5 48,921.39 44,473.99 44,473.99 44,476.99 40,433.63 6 50,896.75 46,269.78 46,269.78 46,272.90 42,066.27 7 52,872.12 48,065.56 48,065.56 48,068.81 43,698.92 8 54,847 49 49,861.35 49,861.35 49,864.72 45,331.56 9 56,822.85 51,657.14 51,657.14 51,660.62 46,964.20 10 58,798.22 53,452.93 53,452.93 53,456.53 48,596.85 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: November 15. 2006 Division: Emergency Services Bulk Item: Yes X No Department: Fire Rescue Staff Contact Person: Darice Haves AGENDA ITEM WORDING: Approval of Addendum 1 to the Collectively Bargained Agreement - Unit Two to add Exhibit C, Firefighter / Paramedic Repayment Agreement per paragraph 16.4.3 of said Agreement between the Professional Firefighters of Monroe County, IAFF, Local 3909 and Monroe County Board of County Commissioners (MCBOCC) approved by the Board on December 21, 2005. ITEM BACKGROUND: Article 7 of the Collectively Bargained Agreement - Unit Two states that individuals for whom the County provides the opportunity to attend either a minimum standards firefighting academy (Paragraph 7.1.4) or the opportunity to obtain certification as a Paramedic (paragraph 7.3.4) at the County's expense shall be required to enter into a repayment agreement. The terms and conditions of the repayment agreement shall be substantially in the form attached to the Agreement as Exhibit C. When the Collectively Bargained Agreement was approved on December 21, 2005, Exhibit C was not yet developed, and the Agreement allowed for it to be added at a later date by mutual agreement (Paragraph 16.4.3). PREVIOUS RELEVANT BOCC ACTION: On December 21,2005 the Board approved a contract with the Professional Firefighters of Monroe County, IAFF, Local 3909 for Unit Two covering Battalion Chief, Shift Captain! Airport Rescue Firefighter, and Fire Rescue Captain. On March 15,2006 the Board approved the inclusion of paragraph 8.4.1 concerning paramedic certification and compensation in the Agreement between the Professional Firefighters of Monroe County, IAFF, Local 3909 for Unit 2 and MCBOCC, and substituting page 25 in the Agreement. CONTRACT/AGREEMENT CHANGES: The Firefighter / Paramedic Repayment Agreement Exhibit C (IAFF Collectively Bargained Agreement - Unit Two) is being added as part of the original Unit Two Agreement. STAFF RECOMMENDATIONS: Mutual agreement has been reached between the President of the Professional Firefighters of Monroe County, IAFF Local 3909, and the Chief Executive Officer for Monroe County to incorporate Exhibit C as written and recommends approval by the MCBOCC. TOTAL COST:N/A BUDGETED: Yes No COST TO COUNTY:N/A SOURCE OF FUNDS:N/ A REVENUE PRODUCING: Yes No X AMOUNT PER MONTH Year APPROVED BY: County Atty YES OMBlPurchasing N/ A Risk Management N/ A DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM # Revised 8/06 MEMORANDUM ATTACHMENT TO AGENDA ITEM SUMMARY Meeting Date: November 15.2006 Division: Emergency Services Bulk Item: Yes X No Department: Fire Rescue Staff Contact Person: Darice Hayes AGENDA ITEM WORDING: Approval of Addendum 1 to the Collectively Bargained Agreement - Unit Two to add Exhibit C, Firefighter / Paramedic Repayment Agreement per paragraph 16.4.3 of said Agreement between the Professional Firefighters of Monroe County, IAFF, Local 3909 and Monroe County Board of County Commissioners (MCBOCC) approved by the Board on December 21,2005. ITEM BACKGROUND: Article 7 (which discusses Certification, Standards, and Training) of the Collectively Bargained Agreement - Unit Two states that individuals for whom the County provides the opportunity to attend either a minimum standards firefighting academy (paragraph 7.1.4) or the opportunity to obtain certification as a Paramedic (Paragraph 7.3.4) at the County's expense shall be required to enter into a repayment agreement. The terms and conditions of the repayment agreement shall be substantially in the form attached to the Agreement as Exhibit C. When the Collectively Bargained Agreement was approved on December 21,2005, Exhibit C was not yet developed, and the Agreement allowed for it to be added at a later date by mutual agreement (paragraph 16.4.3). Upon review by the County Attorney's office, the provisions of Exhibit C pursuant to Paragraph 7.1.1 and 7.3.1 of the Unit Two Agreement shall be retroactive to September 1, 2006 and applicable to Trainees hired after that date. PREVIOUS RELEVANT BOARD ACTION: On December 21,2005 the Board approved a contract with the Professional Firefighters of Monroe County, IAFF, Local 3909 for Unit Two covering Battalion Chief, Shift Captain/Airport Rescue Firefighter, and Fire Rescue Captain. On March 15, 2006 the Board approved the inclusion of paragraph 8.4.1 concerning paramedic certification and compensation in the Agreement between the Professional Firefighters of Monroe County, IAFF, Local 3909 for Unit 2 and MCBOCC, and substituting page 25 in the Agreement. CONTRACT/AGREEMENT CHANGES: The Firefighter / Paramedic Repayment Agreement Exhibit C (IAFF Collectively Bargained Agreement - Unit Two) is being added as part of the original Unit Two Agreement. STAFF RECOMMENDATIONS: Mutual agreement has been reached between the President of the Professional Firefighters of Monroe County, IAFF Local 3909, and the Chief Executive Officer for Monroe County to incorporate Exhibit C as written and recommends approval by the MCBOCC. - . . ,.<.. . .. ., : ~ '-rT . . . , ^ . _ . _ ~ _ . .., " _, . n _. . ... ~ . .~. ," . H< ,.. . _'0.. , ... .. ..~ _.._,..,. ." 3052923516 MONROE COUNTY ATT 03:34:26 p.m. 11-09-2006 ADDENDUM 1 TO THE COLLECTlVEL Y BARGAINED AGREEMENT - UNIT TWO TO ADD EXHIBIT C FIREFIGHTER! PARAMEDIC REPAYMENT AGREEMENT I. Pursuant to the Collectively Bargained Agreement - Unit Two between the Board of County Commissioners of Monroe COlmty, Florida and the Professional Firefighters of Monroe County, IAFF Local 3909 executed on December 21, 2005,Paragraph 16.4.3, an Exhibit C - Repayment Agreement was to be added at a later date by mutual agreement. 2. Exhibit C is attached hereto and incorporated into the above referenced Collectively Bargained Agreement - Unit Two executed on December 21,2005. 3. Repayment pursuant to Paragraph 7.1.1 and 7.3.1 according to the provisions of Exhibit C shall be retroactive to September 1, 2006, and applicable to Trainees hired after that date. Ban!sinine A{!ent Professional Firefighters of Monroe County, IAFF Local 3909 By: President Date: Chief Executive Officer By: Tom Willi, County Adtriinistrator Date: BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mayor Date: ATTEST: , DANNY 1. KOLHAGE, Clerk of Court By: Deputy Clerk Date: c-}' +-~.-~":.':~.~ 111 FIREFIGHTER I PARAMEDIC REPAYMENT AGREEMENT EXHIBIT C (IAFF Collectively Bargained Agreement - Unit Two) EMPLOYEE NAME , hereinafter refened to as TRAINEE, agrees as follows: COUNTY WILL ARRANGE FOR TRAINING The COUNTY agrees to send TRAINEE to (check one): DFirefighter training DParamedic training to be held at day of commencing on or about ,20 WAGES FOR FIREFIGHTER TRAINEES (Section 7.1.1) A. The COUNTY will pay the TRAINEE a base salary equal to ninety percent (90%) of the base salary of an entry level Firefighter/EMT during TRAINEE'S satisfactory attendance and performance of all of TRAINEE'S duties. When the TRAINEE successfully completes the Florida State Fire Marshal's Bureau of Fire Standards & Training examination for certification as a Florida State Firefighter, and meets all other requirements for Florida certification as a Firefighter, then TRAINEE will be paid 100% of the base salary rate for Firefighter/Paramedic. B. rfTRAINEE does not complete all requirements to become a Florida certified Firefighter within one year of TRAINEE' S date of hire, then the Fire Chief, at his discretion, may recommend termination of the TRAINEE. WAGES FOR PARAMEDIC TRAINEES (Section 7.3.1) A. The COUNTY will pay the TRAINEE a base salary equal to ninety percent (90%) of the base salary of an entry level FirefighterlParamedic during TRAINEE'S satisfactory attendance and performance of all of TRAINEE'S duties. When the TRAINEE successfully completes the Florida Department of Health Paramedic examination for certification as a Florida State Paramedic, and meets all other requirements for Florida certification as a Paramedic, then TRAINEE will be paid 100% of the base salary rate for Firefighter/Paramedic. B. rfTRAINEE does not complete all requirements to become a Florida certified Paramedic within one year of TRAINEE'S commencement of the course, then the Fire Chief, at his discretion, may recommend tennination of the TRAINEE. 10f3 TUITION, BOOK, AND OTHER COST OF TRAINING TRAINEE agrees to reimburse the COUNTY for tuition, books and training materials, (hereinafter referred to as TRAINING COSTS), paid by the COUNTY on TRAINEE'S behalf, if: A. TRAINEE withdraws from the course, or fails to complete the course in a timely fashion, or; B. TRAINEE fails to obtain his or her certification E:om the Florida State Fire Marshal's Bureau of Fire Standards & Training (Firefighter ce11ification) within 12 months after date of hire, or; C. TRAINEE fails to obtain his or her certification from the Florida Department of Health (Paramedic ce11ification) within 12 months after completion of the course, or; D. TRAINEE voluntarily resigns or abandons his or her position before working as a certified Paramedic or Firefighter for Monroe Connty Fire Rescue for a period of two (2) years fTom certification date, or; E. The Fire Chief revokes the appointment of the TRAINEE with cause during the TRAINEE'S enrollment in course. REPAYMENT SCHEDULE Repayment is pro-rated depending upon the length of employment following certification according to the following schedule: · Within 6 months: Repayment of 100% of the full amount of TRAINING COSTS · Within 12 months: Repayment of75% of the full amount of TRAINING COSTS · Within 18 months: Repayment of50% of the full amount of TRAINING COSTS · Within 24 months: Repayment of25% of the full amount of TRAINING COSTS If TRAINEE successfully completes the course and satisfactorily perfonns his or her duties as a Paramedic or Firefighter as required herein, then the COUNTY/Fire Chief agrees that TRAINEE shall have no further financial obligation as a result of any payment made to TRAINEE, or on his or her behalf, pursuant to this Agreement TRAINEE TO PAY COSTS OF COLLECTION TRAINEE agrees to pay the COUNTY all reasonable costs of collection and attomey's fees incurred by him in the event the COUNTY is obliged to collect any funds advanced to TRAINEE pursuant to this Agreement 20f3 SEVERABILITY CLAUSE If any part of this Agreement is ruled to be unenforceable, the remaining parts of the Agreement shall still be legally binding. THIS IS INTENDED TO BE A LEGALLY BINDING DOCUMENT. READ IT CAREFULLY. DO NOT SIGN IT IF YOU DO NOT UNDERSTAND IT, OR IF. YOU ARE NOT WILLING TO BE BOUND BY ITS TERMS. Fire Chief Morrroe County Fire Rescue, Florida Signature (Chief) Signature (TRAINEE) Print Name Print Name ACKNOWLEDGEMENT BEFORE ME, the undersigned authority, personally appeared, who identified himself/herself to me and produced satisfactory proof of identification, and acknowledged to me that he/she executed the foregoing agreement fi"eely, voluntarily, and for the purposes therein expressed. Dated this Florida. day of , 20 at Commission Expires: Notary Public, State of Florida 30f3 .. COLLECTIVELY BARGAINED AGREEMENT - UNIT TWO AGREEMENT BY nlE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA AND THE PROFESSIONAL FIREFIGHTERS OF MONROE COUNTY, IAFF LOCAL 3909 THIS COLLECTIVELY BARGAINED AGREEMENT is entered into by the Board of County Commissioners of Monroe County, Florida (hereinafter "County" or "Employer") and the Professional Firefighters of Monroe County, International Association of Firefighters, Local 3909 (hereinafter "Union", "Employee Organization", "Organization", or "Bargaining Agent") pursuant to the authority of Part II, Chapter 447, Florida Statutes; and hereafter this Agreement may be referred to as the "Unit Two Agreement." ARTICLE 1: INTRODUCTORY MATTERS. 1.1 Purpose. The purpose of this Agreement is to set forth terms and conditions of employment of the public employees Union and for the operation of the Fire/Rescue Services provided by the County. Further, it is the intent of this Agreement to promote effective protection of the residents of and visitors to Monroe County; to provide for the safety of the employee in the performance of his or her duties; to insure the economy in the operation of the Fire/Rescue Services; to provide for the cleanliness, maintenance, and proper care of equipment; to establish procedures for the fair and peaceful adjustment of differences between the employee or Union and the County that may arise from time to time; and to promulgate rules and regulations for ethical conduct in business and relations between the employees, the Union, and the County. Finally, it is the intent of this Agreement to provide for a great degree of harmony and understanding between the County, the employee, and the Union. 1.2 Recognition and Certification of Union: Management Riahts. 1.2.1 Union Selection and Reauest. The Union is the employee organization which has been selected by a majority of the Fire/Rescue Services employees of the County for purposes of collective bargaining with the County and, in accordance with Section 447.307(1)(a), Florida Statutes, the Union has requested the County to recognize the Union as the bargaining agent for the said employees. 1.2.2 Union Recoanition. The County is satisfied as to the majority status of the Union and the appropriateness of the proposed unit in accordance with Section 447.307(1)(a), Florida Statutes 1.2.3 Certification. The Florida Public Employees Relations Commission ("PERC") has reviewed the petition of the Union for certification, has determined the appropriateness of the unit, and has certified the Union as the exclusive representative of all employees in the unit. A copy of the certification documentation is attached to this Agreement as Exhibit A. 1.2.4 Unit Determination. The unit covered by this Agreement has been determined to include County employee positions of Battalion Chief, Airport ARFF Captain, Fire Rescue Captain and Fire Rescue Lieutenant. For convenience to the Union and County, this unit may be referred to as Unit Two or Unit 2. Page 1 of 40 COLLECTIVELY BARGAINED AGREEMENT - UNIT TWO AGREEMENT BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA AND THE PROFESSIONAL FIREFIGHTERS OF MONROE COUNTY, IAFF LOCAL 3909 1.2.5 Exclusive Manaaement Rights. Section 447.209, Florida Statutes, provides the County with the authority to determine unilaterally the purpose of each of its constituent departments and divisions, set standards of services to be offered to the public, and exercise control and discretion over its organization and operations. The County also has the right to direct its employees, take disciplinary action for proper cause, and relieve employees from duty because of lack of work or for other legitimate reasons. In matters not covered specifically by language within this Agreement, the County shall have the right to make decisions in such areas on a unilateral basis, and such decisions shall not be subject to any grievance procedure, except as to whether a specific matter is a management right, or as otherwise provided by Florida law. The below enumerated rights of management are not all-inclusive, but indicate the type of matters or rights which belongs to or is inherent to management. Any of the rights, powers, and authority the County had prior to entering into this Agreement are retained by the County except as expressly provided for in this Agreement. Without limiting the generality of the foregoing, the term "rights of Management" as used or referred to in this Agreement include (1) the determination of policy and procedures, including the right to manage the affairs of the fire/rescue services; (2) the right to determine the starting and quitting time and the number of hours and shifts to be worked, including the need for overtime work, subject only to contrary provisions of this Agreement; (3) the right to establish, change, or modify work schedules, subject only to contrary provisions of this Agreement; staffing of equipment and apparatus; amount and types of equipment; and placement and location of equipment; (4) the right to direct the members of the unit, including the right to hire, suspend, demote, promote, transfer, discipline, and discharge any unit member for just cause; (5) the right to temporarily assign unit members to other duties within the County's fire/rescue operations; (6) the organizational structure of the fire/rescue operations in the County, including the right to organize and reorganize in any manner in which the County chooses, including the size of operations, the determination of job classifications and ranks based upon other duties assigned; (7) the determination of the safety, health, and property protection measures for the fire/rescue services; (8) the allocation and assignment of work to unit members; (9) the determination of policy affecting the selection and training of new employees and the on-going training, certification, and cross-certification of unit members; (10) the scheduling of operations; (11) the establishment, amendment, and enforcement of fire/rescue operations rules, regulations, policies, procedures, and orders; (12) the transfer of work from one position to another within the unit; (13) the introduction of new, improved, or different methods and techniques of operations or a change in existing methods or techniques; (14) the placing of secondary services temporarily; maintenance; or other work with outside contractors or other agencies of the county, any municipality within the county, or state or federal agencies; (15) the determination of the number of ranks and number of personnel within the unit; (16) the determination of the quantity and amount of supervision to be provided to unit members; (17) the transfer of any unit member from one area, shift, work schedule, or facility to another; and (18) the right to direct any person not covered by this Agreement to perform any task or assignment. 1.2.6 Notice of Exercise of Management Rights. The County agrees that prior to unilaterally exercising any of its management rights detailed in Section 1.2.5 Page 2 of 40 COLLECTIVELY BARGAINED AGREEMENT - UNIT TWO AGREEMENT BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA AND THE PROFESSIONAL FIREFIGHTERS OF MONROE COUNTY, IAFF LOCAL 3909 which will directly affect the unit's operations, the County will, in non-emergency situations, provide written notification to the Union President either by U.S. Postal Service Mail, certified or return receipt requested; in person by hand-delivery; or by electronic mail with confirmation of receipt as may be provided by the electronic mail software application. Non-emergency written notification shall be given at least twenty (20) days prior to the effective date of the management right to be exercised as identified in the notification. In emergency situations, notice shall be given as soon as practicable and in such form as may be reasonable under the circumstances. 1.2.7 Failure of Notification. In regards to exercising its rights detailed in Section 1.2.5 and Section 1.2.6, the County and Union agree that failure to give the written notice will not, in and of itself, provide the basis for an unfair labor practice claim to be filed with PERC or become the basis for the filing and processing of a grievance. 1.2.8 Non-Waiver; Non-Exclusivitv. The provision of any notice pursuant to Sections 1.2.5 and Section 1.2.6 shall not be deemed to be a waiver of any rights or prerogatives of the County to which the County is entitled pursuant to federal, state, and local statutes, laws, ordinances, regulations, rules, or case law. Should the County fail to exercise any of its lawful rights from time to time, such failure shall not be, nor shall such failure be deemed to be, a waiver to exercise such right or rights in the future, and it is specifically agreed by the Union and the County that any right or function of the County not specifically relinquished or altered by this Agreement is reserved to the County. Further, the Union and County agree that the rights, responsibilities, and prerogatives inherent in, or legally provided to, the County and the County Administrator cannot be subject to any grievance or arbitration proceedings except as may be specifically provided for in this Agreement. 1.3 Non-Discrimination. 1.3.1 Non-Discrimination Agreement. The County and Union agree that both oppose discrimination or retaliation on account of, and neither shall discriminate nor retaliate against any employee or Union member on account of, race, color, creed, gender, national origin, marital status, gender orientation, sexual preference, age, religion, union activity, handicap or disability except as may be permitted or allowed as a bona fide occupational qualification under federal or state law. 1.3.2 Discrimination/Retaliation Not Grievable. While the County and Union agree that unlawful discrimination and unlawful retaliation have no place in the County's workforce, federal and state laws provide specialized protections, procedures and remedies for such misconduct. Therefore, claims that the County or the Union engaged in unlawful discrimination or unlawful retaliation shall exclusively be processed through the statutory, administrative and judicial procedures that exist to entertain and resolve such claims. Therefore, any such c1aim(s) is not subject to the grievance/arbitration procedure of this Agreement. 1.3.3 Investigation of ComDlaint of Discrimination. The County and Union Page 3 of 40 COLLECTIVELY BARGAINED AGREEMENT - UNIT TWO AGREEMENT BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA AND THE PROFESSIONAL FIREFIGHTERS OF MONROE COUNTY, IAFF LOCAL 3909 agree that any allegation of discrimination against the County or the Union that is received by the County shall be investigated and resolved in accordance with the County's internal administrative procedures and the County shall additionally have the right to forward any allegation of discrimination to any appropriate state or federal agency as the County may deem appropriate. 1.4 No Strike. No Lockout. 1.4.1 Injunctive Relief. The County and Union agree that the County is responsible for and engaged in activities which are the basis for the health and welfare of the general public and any violation of this section 1.4 could give rise to irreparable damage to the County and the public at large. Accordingly, the Union agrees that in the event any violation of this section 1.4 should occur or be apparently imminent, the County shall be entitled to seek immediate injunctive relief in a court of competent jurisdiction without notice to the Union. 1.4.2 No Strikes. The Union agrees that there shall be no strikes as that term is defined in Florida Statutes, and that there shall be no work stoppage, work slowdowns, boycotts, picket lines or picketing in support of a work stoppage or work slowdown, nor will there be a concerted failure or refusal to perform work assigned by the County or appropriate superior employees or individuals designated by the County. The County shall have the right to pursue any and all legal and equitable remedies in the event of a strike. 1.4.3 No SUDDort Bv Union. The Union agrees that it shall not support, condone, encourage, authorize, sanction, or ratify any violation of sub-section 1.4.2 above. The County agrees that the Union shall not be held liable for any violation of section 1.4 if it is reasonably shown that neither the Union nor any Union officer supported, condoned, encouraged, authorized, sanctioned, or ratified such action. In the event any Union officer becomes aware of any activity, whether verbal or physical, which is intended or may be reasonably be construed to be instigating a strike, work stoppage, work slowdown, boycott, picketing, or other activity in violation of this Agreement, that officer shall immediately attempt to discourage such activity and shall immediately notify the appropriate managerial authority of such action. 1.4.4 No Lockout. The County agrees that it shall not authorize, promote, condone, institute, or engage in any lockout of Union members. ARTICLE 2: DEFINITIONS For the purpose of this Agreement, the following terms shall have the meanings as set forth, unless the context specifically provides otherwise: 2.1 Administrative Proceeding, for purposes of disciplinary proceedings, means any non-judicial hearing which may result in the recommendation, approval, or order of disciplinary action against, or suspension or discharge of, a firefighter. Page 4 of 40 ~OLLECTIVEL Y BARGAINED AGREEMENT - UNIT TWO AGREEMENT BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA AND THE PROFESSIONAL FIREFIGHTERS OF MONROE COUNTY, IAFF LOCAL 3909 2.2 Advanced life sUDDort means treatment of life threatening medical emergencies through the use of techniques such as endotracheal intubation, the administration of drugs or intravenous fluids, telemetry, cardiac monitoring, and cardiac defibrillation by a qualified person pursuant to the rules of the Florida Department of Health. 2.3 Advanced life sUDDort service means any emergency medical transport or non- transport service which uses advanced life support techniques. 2.4 Air Ambulance means any fixed-wing or rotary-wing aircraft used for, or intended to be used for, air transportation of sick or injured persons requiring or likely to require medical attention during transport. 2.5 Ambulance means any privately or publicly owned land or water vehicle that is designed, constructed, reconstructed, maintained, equipped, or operated for, and is used for, or intended to be used for, land or water transportation of sick or injured persons requiring or likely to require medical attention during transport. The term also includes "emergency medical services vehicle." 2.6 ARFF means Airport Rescue Firefighter. 2.7 Basic life sUDDort means treatment of medical emergencies by a qualified person through the use of techniques such as patient assessment, cardiopulmonary resuscitation (CPR), splinting, obstetrical assistance, bandaging, administration of oxygen, application of medical anti-shock trousers, administration of a subcutaneous injection using a pre-measured auto-injector of epinephrine to a person suffering an anaphylactic reaction, and other techniques described in the Emergency Medical Technician Basic Training Course Curriculum of the United States Department of Transportation. The term "basic life support" also includes other techniques which have been approved and are performed under conditions specified by rules of the Florida Department of Health. 2.8 Basic life sUDDort service means any emergency medical service which uses only basic life support techniques. 2.9 Bargainina unit or Unit means the employees represented by the Professional Firefighters of Monroe County, International Association of Firefighters, Local 3909. 2.10 BumDina Riahts means the right of an employee covered by this Agreement to displace an employee of lower seniority, covered by this Agreement, from a position covered by this Agreement, but only in accordance with the terms and conditions of this Agreement. 2.11 Chief executive officer, as generally defined in Section 447.203, Florida Statutes, shall mean the County Administrator. 2.12 Classification seniority shall mean the length of time of full-time employment within a particular job classification, as measured from the date of regular hire status Page 5 of 40 COLLECTIVELY BARGAINED AGREEMENT - UNIT TWO AGREEMENT BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA AND THE PROFESSIONAL FIREFIGHTERS OF MONROE COUNTY, IAFF LOCAL 3909 to the classification or date of permanent promotion to the classification. 2.13 Continuous service, as required for advancement within salary ranges and for other purposes specified under this Agreement, means employment by the County on a f)robationary, regular, or acting appointment basis without break or interruption, and shall be interpreted in accordance with the County's policies and procedures. 2.14 County means the political entity known as Monroe County, and includes the Board of County Commissioners, the County Fire Chief, the County Administrator, and employees and agents of Monroe County. County also means the geographical area of the State of Florida encompassed within the boundaries set forth in Section 7.44, Florida Statutes. 2.15 Court means any county court or state circuit court in Florida and any federal court in Florida having subpoena powers and exercising such power upon a unit member as a result of action or involvement in, or observance of, a situation while in the member's capacity as a county employee. 2.16 Deoartment seniority shall mean the length of time of full-time regular employment with the County, calculated from the last hire date. 2.17 Emeraencv means a circumstance requiring immediate action; a sudden, unexpected happening; an unforeseen occurrence or condition. 2.18 Emeraencv Medical Services means the activities or services to prevent or treat a sudden critical illness or injury and to provide emergency medical care and pre- hospital emergency medical transportation to sick, injured, or otherwise incapacitated persons. 2.19 Emeraencv medical services vehicle means an ambulance. 2.20 Emeraencv medical technician means a person who is certified by the Florida Department of Health to perform basic life support. 2.21 Emolovee means a member of the bargaining unit, unless the context specifically requires a different meaning. 2.22 Emolovee oraanization means Professional Firefighters of Monroe County, Local 3909, International Association of Firefighters. 2.23 Emolover means Monroe County, Florida. 2.24 Fire Aooaratus, also referred to as Engine Apparatus or Engine means a vehicle of 10,000 Ib (4540 kg) or greater gross vehicle weight rating (CVWR) used for fire suppression or support, in accordance with the definitions and standards in National Fire Protection Association Standard 1901. Page 6 of 40 COLLECTIVELY BARGAINED AGREEMENT - UNIT TWO AGREEMENT BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA AND THE PROFESSIONAL FIREFIGHTERS OF MONROE COUNTY, IAFF LOCAL 3909 2.25 Firefiahter means any person employed by Monroe County and whose primary responsibility is the prevention and extinguishment of fires, and the protection and saving of life and property. The term includes "firefighter employee" as defined in Section 633.802(3), Florida Statutes, and "firefighter" as defined in Section 112.81(1), Florida Statutes, and Section 633.30(1), Florida Statutes. 2.26 Florida Firefighters OccuDational Safety and Health Act, or FFOSHA means the provisions of Sections 633.801 through 633.821, Florida Statutes. 2.27 Formal Investiaation means the process of investigation ordered by supervisory personnel, after the supervisory personnel have previously determined that the firefighter shall be reprimanded, suspended, or removed, during which the questioning of the firefighter is conducted for the purpose of gathering evidence of misconduct. 2.28 Grievance means a complaint, dispute, or controversy in which it is claimed that the Union, the County, or a County employee has failed in an obligation under this Agreement, which involves the meaning, interpretation, or application of this Agreement, and where the grievant, the Union or the County believes that rules have been misapplied or violated. 2.29 Holidav means a day, beginning at 12:01 A.M. and ending twenty-four (24) hours later, which the County has recognized in its' ordinances, resolutions, policies and procedures as a day on which most county offices are usually closed. The County recognizes the following days to be holidays: New Year's Day, Presidents Day, Martin Luther King's Birthday, Good Friday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day, Thanksgiving Friday, Christmas Day. 2.30 Informal Inauirv means a meeting by supervisory or management personnel with a firefighter about whom an allegation of misconduct has come to the attention of such supervisory or management personnel, the purpose of which meeting is to mediate a complaint or discuss the facts to determine whether a formal investigation should be commenced. 2.31 Interrogation means the questioning of a firefighter by an employing agency in connection with a formal investigation or an administrative proceeding but not shall not include arbitration or civil service proceedings. Questioning pursuant to an informal inquiry shall not be deemed to be an interrogation. 2.32 Ladder Truck ADDaratus or Ladder Truck means any fire apparatus equipped with a power operated ladder, tower, platform, or articulating device whose primary purpose is to provide firefighters with access to levels of height beyond the reach of manually-raised ladders. 2.33 Leaislative bodY, as generally defined in Section 447.203, Florida Statutes, means the Board of County Commissioners of Monroe County. Page 7 of 40 COLLECTIVELY BARGAINED AGREEMENT - UNIT TWO AGREEMENT BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA AND THE PROFESSIONAL FIREFIGHTERS OF MONROE COUNTY, IAFF LOCAL 3909 2.34 Membershio dues deduction means the amount established by the Union to be paid on a monthly basis by Union members as and for the privilege of belonging to the Union, and which amount has been agreed by the Union member to be deducted by the County from the Union member's salary and wages and paid by the County directly to the Union. Such deductions shall not include initiation fees, special assessments, or other charges which may be imposed from time to time by the Union. 2.35 Mutual aid aareement means a written agreement between two or more entities whereby the signing parties agree to lend aid to one another under conditions specified in the agreement and as sanctioned by the County. 2.36 Paramedic means a person who is certified by the Florida Department of Health to perform basic and advanced life support. 2.37 Pay Period means a two-week period commencing at 12:01 A.M. Sunday through 12:00 Midnight Saturday. 2.38 PERC means the Florida Public Employees Relations Commission. 2.39 Picketina means attendance by one or more Union members outside of a County facility or worksite during, and in support of, (1) a strike, work stoppage or work slowdown, or (2) in connection with a concerted failure or refusal to perform work lawfully assigned to Union members, when such attendance is designed, intended, or has the effect of harassing, coercing, or intimidating any County employee to refuse to perform lawfully assigned duties or to take a course of action in violation of this Agreement or any federal, state, or local law. 2.40 Pumoer, also referred to as Engine, means a piece of fire apparatus with a permanently mounted fire pump that has a rated discharge capacity of 750 gpm (2850 L/min) or greater, water tank, and hose body as defined in National Fire Protection Association Standard 1901. 2.41 Rescue Aooaratus or Rescue Vehicle means any vehicle whose primary function is to carry equipment and manpower designed to facilitate the rescue of trapped or endangered persons from unusual circumstances, including automobile accidents, cave-ins, fires, building collapses, and other serious bodily injury or life- threatening situations. 2.42 Shift means a period commencing at 8:00 A.M. and ending twenty-four hours later at 8:00 A.M. 2.43 Strike shall have the same definition as that contained in Section 447.203, Florida Statutes. 2.44 Suoolemental Comoensation means the compensation to be paid to firefighters pursuant to the provisions of Section 633.382, Florida Statutes. Page 8 of 40 COLLECTIVELY BARGAINED AGREEMENT - UNIT TWO AGREEMENT BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA AND THE PROFESSIONAL FIREFIGHTERS OF MONROE COUNTY, IAFF LOCAL 3909 2.45 TemoorarilY, for purposes of Section 1.2.5, means a period of time not to exceed nine months, unless otherwise agreed to in writing by the County and the Union. 2.46 Vacancy means an open position resulting from the creation of a new position, voluntary or involuntary termination, retirement, death, promotion, or demotion. A vacancy is not created as a result of a reduction in force, temporary assignment or transfer, or temporary appointment. 2.47 Volunteer means a person who, of his or her own free will, provides goods or services to Monroe County government without receiving monetary or material compensation from Monroe County. The recruitment and use of volunteers will be generally pursuant to the provisions of Sections 125.9501 through 125.9506, Florida Statutes. 2.48 Week means a consecutive period of seven days, the first day of which commences on Sunday at 12:01 A.M. and the last day of which ends on the following Saturday at 12:00 Midnight. 2.49 Workdays means Monday through Friday, excluding holidays, except where otherwise specifically defined in this Agreement. 2.50 Work Cycle means the 27-day period used for purposes of calculating and crediting or paying overtime in accordance with the general principles of the Fair Labor Standards Act. 2.51 Workweek means, for salary purposes, seven consecutive days, commencing on Sunday at 12:01 A.M. and ending the following Saturday at 12:00 Midnight. ARTICLE 3: UNION RIGHTS AND RESPONSIBILITIES 3.1 Dues and Uniform Assessments. Section 447.303, Florida Statutes, gives the right to the Union to have its dues and uniform assessments deducted and collected by the County from the salaries of those employees who authorize the deduction of said dues and assessments. There are no uniform assessments covered under this contract. 3.1.1 Dues and Assessment Deductions. The County agrees to deduct from the each unit member's bi-weekly salary the dues and uniform assessments for which (1) the amounts have been certified in writing to be current and correct by the Treasurer of the Union and (2) which amounts have been specifically authorized in writing by the unit member to be deducted. Deductions shall be taken from the bi- weekly salary of the member which is two pay periods after receipt of the deduction authorization, and shall be deducted from each pay period thereafter. 3.1.2 Discontinuance of Deduction. The unit member may elect to revoke his or her authorization to deduct union dues and assessments from his or her salary Page 9 of 40 COLLECTIVELY BARGAINED AGREEMENT - UNIT TWO AGREEMENT BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA AND THE PROFESSIONAL FIREFIGHTERS OF MONROE COUNTY, IAFF LOCAL 3909 by providing written notice of revocation to the County, and a copy of the notice to the Union. The County shall cease to make such deductions during the pay period which is thirty (30) days immediately after receipt of the revocation in writing from the unit member. The County shall continue the deductions only so long as the employee has enough net salary after all other deductions to cover such deductions, and the County shall not be held responsible for a refund to the employee if the employee has duplicated a deduction by direct payment to the Union. The County shall have no liability to the employee or the Union for the dues and uniform assessments deducted from the employee's salary. 3.1.3 County Not Involved in Collection of Fines. Penalties. or Special Assessments. The County, as a public employer, is expressly prohibited by Section 447.303, Florida Statutes, from being involved in the collection of any fine, penalty or special assessment charged against a unit member. 3.1.4 Remittance To Union. The County shall remit to the Union by County check or warrant the total amount of union dues and uniform assessments deducted by the County from the unit members' salaries. Such remittance shall be forwarded to the Union at the same time as employee salary checks or warrants are sent to County employees. In lieu of receiving a check, the Union can elect to have the County make a direct deposit in a Union-specified institutional account within the geographical limits of Monroe County and with an institution with which the County has a current direct deposit agreement. 3.1.5 County's Costs. The Union and County agree that the County shall receive an annual fee of fifty dollars ($50) on October 1st of each year of this contract as the County's reasonable costs for handling the deductions made from unit members' salaries. 3.1.6 Current Unit Member Roster. The Union shall have the responsibility for keeping the County informed on a timely basis of those employees of the County who are unit members and from whose salaries deductions are to be made. 3.1.7 Union to Indemnify and Hold County Harmless. The Union agrees to indemnify and hold the County harmless against any and all claims, suits or other forms of liability arising out of the deduction from an employee's salary any Union dues or uniform assessments. The Union assumes full responsibility for the disposition of the deduction once it has been remitted by the County and received by the Union. 3.2 Rights of Members and Non-Members. 3.2.1 No County Discrimination. The Union and County agree that any employee is free to join and assist the Union without fear of retaliation of any kind. No County officer, employee, representative, or agent shall interfere with, restrain, coerce or intimidate an employee in the exercise of the employee's right to join or refrain from joining the Union. No County officer or supervisor shall discriminate against any employee with regard to employment, or the terms and conditions of employment Page 10 of 40 COLLECTIVELY BARGAINED AGREEMENT - UNIT TWO AGREEMENT BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA AND THE PROFESSIONAL FIREFIGHTERS OF MONROE COUNTY, IAFF LOCAL 3909 " (including but not limited to promotions) because the employee has formed, joined, or chosen to be represented by the Union or because the employee has given testimony or taken part in any grievance procedure or other hearing, negotiation or any other form of legal activity on behalf of the Union. 3.2.2 No Union Interference. The Union and County agree that all employees shall have the same right to refrain from membership in the Union. The Union agrees that it will not interfere with, coerce, or intimidate any employee into joining the Union and that every employee has the right to choose of his or her own free will whether he or she will or will not join the Union. The Union further agrees that there will be no interference with the free right of any employee or member of the public to enter and leave work sites and property of the County unmolested, unthreatened, and un- intimidated. 3.2.3 Claims of Discrimination or Interference. Any claim of discrimination or interference in violation of Section 3.2.1 or 3.2.2 shall be asserted exclusively through the Florida Public Employees Relations Commission, and through the grievance-arbitration procedures of this Agreement. 3.3 Union Business. 3.3.1 Union Business Meetinqs. Employees elected or appointed to represent the Union shall be allowed to use County facilities to conduct regular and special business meetings of the Union. The use of such facilities shall be coordinated with, and approved by, the County Fire Chief. Such meetings shall be scheduled at times and locations which will not unduly interfere with the County's fire/rescue operations or result in a violation of the minimum staffing requirements of any fire/rescue facility. Attendance at the meetings by the Union representatives who are on duty shall be at no loss of pay for the Union representative during the actual time of attendance and for travel time to and from the meeting. The time spent by all on-duty Union members traveling to, from, and attending Union business meetings shall be deducted from the Union pool hours provided for in Section 3.5. 3.3.2 Union Reoresentative for Grievance. Any unit member desiring to file a grievance pursuant to this Agreement, shall have the right to meet with one (1) Union representative to discuss the member's potential grievance. The County agrees to permit the member and the Union representative to meet briefly during work hours concerning a potential grievance, provided the member and Union representative have the permission of his/her immediate supervisor, and further provided that the meeting does not disrupt or interfere with current fire/rescue operations or result in less than minimum staffing. The Union agrees that this privilege shall not be utilized to prepare formal grievances during work hours but is to be used to simply and briefly consult with the member and/or a supervisor in order to avoid the necessity of processing a formal grievance or to consult with the member to set an appointment for after working hours to prepare a legitimate grievance. 3.3.3 National and State Association Meetinas. Page 11 of 40 COLLECTIVELY BARGAINED AGREEMENT - UNIT TWO AGREEMENT BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA AND THE PROFESSIONAL FIREFIGHTERS OF MONROE COUNTY, IAFF LOCAL 3909 3.3.3.1 National Meetinas. The County agrees that members of the bargaining unit shall be allowed to attend one nationally recognized professional association related to the fire/rescue services professions during the County's fiscal year. The time spent by a unit member away from the member's regularly scheduled duties while traveling to, from, and attending such meetings shall be deducted from the Union pool hours provided for in Section 3.5. 3.3.3.2 State Meetinas. The County agrees that members of the bargaining unit shall be allowed to attend one Florida state recognized professional association related to the fire/rescue services professions during the County's fiscal year. The representatives shall be entitled to reimbursement for travel, meals, and lodging in accordance with County policies and procedures. The time spent by a unit member away from the member's regularly scheduled duties while traveling to, from, and attending such meetings shall be deducted from the Union pool hours provided for in Section 3.5. 3.4 Collective Baraainina Leave For Union Neaotiatina Team. The County and Union agree that the Union Negotiating Team shall consist of three (3) members ("regular negotiating team"), selected by the Union. The Union may designate up to three (3) additional members ("additional negotiating team") to provide representation during negotiations, but such additional members representation at, and involvement in negotiations, shall not be at the expense of the County. The time spent by a regular negotiating team unit member away from the member's regularly scheduled duties while traveling to, from, and attending such negotiations shall be deducted from the Union pool hours provided for in Section 3.5. 3.5 Union Pool Hours. 3.5.1 Allocation of Hours. In each fiscal year covered by this Agreement, the County shall allocate a number of hours to be used by unit members to attend national and state association meetings, collective bargaining sessions, and other Union-related activities. A total of two hundred forty (240) hours is allocated by the County for use during the first fiscal year of this Agreement; a total of three hundred twenty (320) hours is allocated by the County for use during the second fiscal year of this Agreement; and a total of four hundred eighty (480) hours is allocated by the County for use during the third fiscal year of this Agreement. 3.5.2 Use and Forfeiture of Hours. Only actual hours approved by the County Fire Chief for use prior to September 30th of a fiscal year shall be counted against the allocated hours for that fiscal year. Hours not approved and used shall be forfeited and not carried forward for use in any subsequent fiscal year. 3.5.3 Reauest For Use of Union Pool Hours. Request for use of Union pool hours shall be submitted in writing on a form to be provided by the County. The unit member requesting to use Union pool hours shall obtain written approval from the Union president, vice-president, or secretary prior to submitting the request to the Page 12 of 40 COLLECTIVELY BARGAINED AGREEMENT - UNIT TWO AGREEMENT BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA AND THE PROFESSIONAL FIREFIGHTERS OF MONROE COUNTY, IAFF LOCAL 3909 County Fire Chief. Such approval shall be indicated on the request form. One form shall be submitted for each unit member for each pay period in which Union pool hours are to be used. 3.5.4 Submittina Reauests. Request forms shall be submitted to the County Fire Chief so as to be received by the County Fire Chief at least seventy-two (72) hours prior to the date and time the unit member is requesting to be relieved from operational duties in order to use Union pool hours. Request forms which are not complete when submitted to the County Fire Chief shall be returned to the unit member without further review or action by the County Fire Chief. 3.5.5 ResDonsibility of County Fire Chief. The County Fire Chief shall be responsible for tracking and monitoring availability and use of Union pool hours, and for final approval of unit member requests for use of Union Pool hours. Requests for use of Union pool hours which are disapproved by the County Fire Chief may be appealed by the unit member, and such appeal shall be considered and processed as a grievance under the applicable provisions of this Agreement. 3.6 Names of Union ReDresentatives. The Union President shall provide to the County Fire Chief a written list of the names, duty locations, addresses, and telephone numbers of the Union officers and negotiating team members, both regular and supplemental, within fifteen (15) days of the effective date of this Agreement, and shall update the list in writing within fifteen (15) days of any change. 3.7 Bulletin Boards. The Union shall have the right to install and maintain at the 'Jnion's cost a bulletin board at each County facility to which Union members are a~signed to perform services. The size, composition, and location of the bulletin boards shall be mutually agreed to by the Union and the County. Posted materials shall be subject to review and approval by the County Fire Chief; shall contain on its face the legible name of the person responsible for placing the material on the bulletin board; shall not contain anything of a derogatory or adverse nature concerning the County or its employees or agents, or contain anything which is in violation of this Agreement; and all materials shall be dated and bear the signature of the Union president or his or her designated representative. Materials placed on a bulletin board in violation of this section shall subject the employee to disciplinary proceedings. 3.8 Printina and Distribution of Aareement. The County will, at no cost to the Union, print one copy of this Agreement for distribution to each facility at which employees covered by this Agreement are assigned for duty; one original copy to the Union; and one copy to each library facility in Monroe County. ARTICLE 4: DISCIPLINE AND DISCIPLINARY PROCEDURES. 4.1 DisciDlinary Standard. The County and Union agree that no employee who has attained career status with the County shall be discharged, demoted, or otherwise disciplined in a manner which would result in a loss of pay, except for just cause. Page 13 of 40 COLLECTIVELY BARGAINED AGREEMENT - UNIT TWO AGREEMENT BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA AND THE PROFESSIONAL FIREFIGHTERS OF MONROE COUNTY, IAFF LOCAL 3909 4.2 Probationary Period. All new and newly-promoted employees shall serve a probationary period. The probationary period shall be considered the last step in the selection or promotion process, and the purpose of the probationary period is to allow management to observe and appraise the conduct, performance, attitude, adaptability and job knowledge of the employee and to assist the County in determining the qualifications of the employee for the position to which the employee has been assigned or promoted. 4.3 Duration of Probation. The probationary period for new employees and newly- promoted employees shall be twelve (12) months. The probationary period may be extended (a) for unsatisfactory performance or (b) if the employee has been absent from his or her regularly assigned duties for a total of four hundred eighty (480) hours or more due to any cause except in-service training authorized by the County. Extended probationary periods shall be not less than three (3) months nor more than twelve (12) months. The determination of whether the probationary period for any employee should be extended shall be at the sole discretion of the County, and such determination shall not be grievable. 4.4 Reiection of Probationary Emoloyee. Any employee who is in probationary status as a new employee may be dismissed from employment without cause or explanation, without right of appeal, and without recourse to the grievance procedures established by this Agreement. Any employee who is in probationary status as a newly-promoted employee may be demoted to the classification held immediately prior to the promotion, and such demotion shall be without cause or explanation, without right of appeal, without recourse to the grievance-arbitration procedures established by this Agreement, and without recourse to Career Service Act procedures. 4.5 Prooosed Discioline and Pre-Determination Hearina. Any proposed discipline of a non-probationary employee subject to this Agreement which would result in a suspension without pay, termination of employment, demotion, or a reduction in base salary, shall require a pre-determination hearing. The pre-determination hearing shall be held and conducted in accordance with the provisions of the Monroe County Policies And Procedures, Section 9.11, provided such procedures are consistent with the following provisions: 4.5.1 Procedure. Whenever a firefighter is subjected to an interrogation, such interrogation shall be conducted as follows. 4.5.1.1 Location. The interrogation shall take place at the facility where the investigating officer is assigned, or at the facility which has jurisdiction over the place where the incident under investigation allegedly occurred, as designated by the investigating officer. 4.5.1.2 Written Notice. No firefighter shall be subjected to interrogation without first receiving written notice of sufficient detail of the investigation in order to reasonably apprise the firefighter of the nature of the investigation. The firefighter shall be informed beforehand of the names of all complainants. Page 14 of 40 COLLECTIVELY BARGAINED AGREEMENT - UNIT TWO AGREEMENT BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA AND THE PROFESSIONAL FIREFIGHTERS OF MONROE COUNTY, IAFF LOCAL 3909 4.5.1.3 Time. All interrogations shall be conducted at a reasonable time of day, preferably when the firefighter is on duty, unless the importance of the interrogation or investigation is of such a nature that immediate action is required. 4.5.1.4 Persons Present. The firefighter under investigation shall be informed of the name, rank, and unit or command of the officer in charge of the investigation, the interrogators, and all persons present during any interrogation. 4.5.1.5 Sessions. Interrogation sessions shall be of reasonable duration and the firefighter shall be permitted reasonable periods for rest and personal necessities. 4.5.1.6 Conduct. The firefighter being interrogated shall not be subjected to offensive language or offered any incentive as an inducement to answer any questions. 4.5.1.7 Record. A complete record of any interrogation shall be made, and if a transcript of such interrogation is made, the firefighter under investigation shall be entitled to a copy without charge. Such record may be electronically recorded. 4.5.1.8 Reoresentation. An employee or officer of the County may represent the County, and the Union may represent any member of the bargaining unit desiring such representation in any proceeding in which an interrogation is to take place. The presence of a representative of the Union during interrogations shall be permitted if the bargaining unit member to be interrogated so requests. 4.5.2 Aoolication. The procedures in 4.5.1 shall be applicable only to a formal investigation of a bargaining unit member and shall not apply to an informal inquiry involving the member. 4.6 Emeraencv Susoension or Transfer. In a situation where the County Administrator or his or her designee reasonably determines that an emergency exists which could be harmful to the health, safety, or welfare of any person, and that an employee should be temporarily suspended from duty not to exceed a ninety (90) day term or transferred to another duty assignment pending scheduling a pre- determination hearing, the County Administrator or his or her designee shall immediately notify the Union president and the employee of such determination, and shall immediately document that determination in writing to the employee and provide the Union president with a copy. ARTICLE 5: GRIEVANCE PROCEDURE 5.1 Puroose. Grievance procedures are provided to (a) promote improved employer- employee relations by establishing procedures for resolution of issues for which appeal or hearing is not provided for elsewhere in this Agreement; (b) afford employees, individually or through the Union, a systematic means of obtaining further Page 15 of 40 COLLECTIVELY BARGAINED AGREEMENT - UNIT TWO AGREEMENT BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA AND THE PROFESSIONAL FIREFIGHTERS OF MONROE COUNTY, IAFF LOCAL 3909 considerations of problems after every other reasonable effort to resolve them through discussion has failed; (c) provide for settlement of issues as near as possible to the point of origin; and (d) to provide that issues shall be heard and settled as informally as possible. Any complaint, grievance or dispute arising under and during the term of this Agreement involving questions of the interpretation or application of any provision of this Agreement shall be processed through the grievance-arbitration procedure of this Agreement, except that claims of unlawful discrimination or retaliation shall not be processed through this grievance-arbitration procedure. In addition, the Union, on behalf of bargaining unit members, expressly waives the right of any bargaining unit member to utilize the procedures of the Career Service Council Act concerning any matter covered by this Agreement, including but not limited to claims of improper disciplinary actions and adverse actions such as transfers, demotions, suspensions or terminations. Bargaining unit members must submit any such disputes to the grievance-arbitration procedure herein, with the exception of claims of unlawful discrimination or unlawful retaliation, which must be submitted through procedures established by laws prohibiting discrimination or retaliation in employment. 5.2 Exclusive Proceedina. A grievant initiating and utilizing the procedures set forth in this Article is precluded by law from availing himself or herself of any procedures or remedies provided through any unfair labor procedure or the County's career service law. 5.3 Initiation of Grievance. All grievances initiated under this Agreement shall be in writing and shall, as a minimum, contain (i) a statement, as complete as possible under the circumstances, of the grievance and the facts upon which it is based, including the dates, times, locations, names of witnesses, and other information appropriate to the grievance; (ii) the section or sections of this Agreement claimed by the grievant to have been violated; and (iii) the remedy or corrective action requested by the grievant. If a grievance form has been adopted by the County, that form shall be utilized in initiating and submitting a grievance. 5.4 Grievance SteDs. The County and Union agree that all grievances should be dealt with promptly and efficiently, and every reasonable effort must be made to settle a grievance as close to the source as possible. 5.4.1 SteD One. Within fifteen (15) calendar days of the incident being grieved, the Union or the affected employee may, in the presence of a Union representative, submit a grievance in writing through the Union to the employee's immediate supervisor. 5.4.1.1 Immediate SUDervisor. The original copy of the completed form shall be delivered to the employee's immediate supervisor, and a copy shall be delivered to the Union representative. The immediate supervisor shall attempt to resolve the grievance at that time by attempting to fully discuss the matter with the employee in a fair and equitable manner and in accordance with the established policy of the County. The immediate supervisor's decision shall be rendered in writing within seven (7) work days of receipt of the grievance. Page 16 of 40 COLLECTIVELY BARGAINED AGREEMENT - UNIT TWO AGREEMENT BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA AND THE PROFESSIONAL FIREFIGHTERS OF MONROE COUNTY, IAFF LOCAL 3909 5.4.1.2 Agreed Resolution. If the employee or the Union agrees with the decision of the immediate supervisor, he or she or the Union shall sign the Grievance Form acknowledging his or her agreement, and the original, signed form shall be submitted to the Human Resources Director for placement with the employees employment records. No further action on the part of the County shall be required. 5.4.1.3 No Resolution. If the employee or the Union does not agree with the decision of the immediate supervisor, he or she or the Union shall sign the original Grievance Form acknowledging his or her disagreement and immediately notify the Union in writing. The original, signed form shall be submitted by the employee or the Union to the Fire Chief within seven (7) work days of the decision of the immediate supervisor. 5.4.2 Steo Two. The Fire Chief or authorized agent shall make such inquiry concerning the grievance as he or she shall deem appropriate, and shall render a written decision within seven (7) work days of receipt of the immediate supervisor's decision. 5.4.2.1 Aareed Resolution. If the employee or the Union agrees with the decision of the Fire Chief or Fire Chief's authorized agent, he or she or the Union shall sign the Grievance Form acknowledging his or her agreement, and the original, signed form shall be submitted to the Human Resources Director for placement with the employee's employment records. No further action on the part of the County shall be required. 5.4.2.2 No Resolution. If the employee or the Union does not agree with the decision of the Fire Chief or the authorized agent, he or she or the Union shall sign the original Grievance Form acknowledging his or her disagreement, and immediately notify the Union in writing. The original, signed form shall be submitted by the employee or the Union to the County Administrator within seven (7) work days of the decision by the Fire Chief or authorized agent. 5.4.3 Steo Three. The County Administrator or his or her authorized agent shall make such inquiry concerning the grievance as he or she shall deem appropriate, and shall render a written decision within ten (10) work days of receipt of the Fire Chief's, or Fire Chief's authorized agent's, decision. 5.4.3.1 Aareed Resolution. If the employee or the Union agrees with the decision of the County Administrator, he or she or the Union shall sign the Grievance Form acknowledging his or her agreement, and the original, signed form shall be submitted to the Human Resources Director for placement with the employees employment records. No further action on the part of the County shall be required. 5.4.3.2 No Resolution. If the employee or the Union does not agree with the decision of the County Administrator or his or her authorized agent, the employee or the Union shall sign the original Grievance Form acknowledging his or her disagreement, and the original, signed form shall be submitted by the employee or the Page 17 of 40 COLLECTIVELY BARGAINED AGREEMENT - UNIT TWO AGREEMENT BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA AND THE PROFESSIONAL FIREFIGHTERS OF MONROE COUNTY, IAFF LOCAL 3909 Union to the Human Resources Director within seven (7) work days from the date of the decision by the County Administrator or his or her authorized agent. The employee shall also submit a copy of the Grievance form to the Union, and the Union may initiate proceedings with the Federal Mediation and Conciliation Services (FMCS) as provided for in Section 5.11 of this Article. 5.5 Immediate Disoute Resolution. If a dispute involves the interpretation or application of this Agreement that has an imminent, substantial effect on the Union itself or upon five (5) or more Union members, either the County or the Union may request waiver of Step 1 and Step 2 in the grievance procedure, whereupon both the County and Union will proceed to immediate discussions at Step 3. Such discussions shall commence within twenty-four (24) hours, during a work week, after notification to the other party and shall continue for not more than seven (7) work days. If the dispute is not resolved during this time frame, the Union may initiate proceedings with the Federal Mediation and Conciliation Services (FMCS) as provided in Section 5.11 of this Article. 5.6 Extension of Time. At any stage during the grievance process, the County and the Union may mutually agree to extend the time limits specified in the grievance procedure. In computing time limits under this Article, Saturdays, Sundays, and Holidays shall not be counted. For purposes of this Article, the Term "working days" or "work day" is defined as Monday through Friday, and each day thereof. 5.7 Timeliness. Unless otherwise mutually agreed to in writing by the County and the Union, a grievance not advanced to the next step in the grievance procedure shall be deemed to have been permanently withdrawn and as having been settled on the basis of the decision most recently given. Failure of the County's representative to answer within the time limit set forth in any step of the procedure, unless an extension of time has been mutually agreed to in writing by the Union and the County, will entitle the grievant to proceed to the next step. 5.8 Consolidation of Grievances. Either the County or the Union may consolidate at any step grievances on similar issues or disputes. 5.9 Emolovee's Reoresentative. The County and Union agree that nothing in this Agreement shall be construed to prevent any public employee from presenting, at any time, his or her own grievance in person to the County and having such grievance resolved without the intervention of the Union, provided that the resolution is not inconsistent with the provisions of this Agreement. The Union will be given reasonable opportunity to have a representative present, for observation purposes only, at any meeting called for the resolution of the grievance. No grievant shall have the right to initiate proceedings with the Federal Mediation and Conciliation Services, as this right is reserved exclusively to the Union. 5.10 Grievance Not To Be Heard Outside Of Procedures. The Union and County agree that no County Commissioner nor the County Administrator shall be approached, contacted, notified either verbally or in writing, or otherwise apprised of the pendency Page 18 of 40 COLLECTIVELY BARGAINED AGREEMENT - UNIT TWO AGREEMENT BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA AND THE PROFESSIONAL FIREFIGHTERS OF MONROE COUNTY, IAFF LOCAL 3909 of a grievance by the grievant, Union officer, Union member, or employee covered by the Union as bargaining agent, when the purpose is to have the County Commissioner or the County Administrator intervene in the grievance proceeding at any level. Upon due proof of a violation of this provision, the individual or individuals determined to have committed the violation shall be disciplined. Nothing in this Section 5.10 shall be interpreted, applied, or deemed to be applied in such a way as to interfere with, Iimit, or otherwise abridge any employee's right to freedom of speech as such right is defined or interpreted by the federal or Florida constitution or federal or state law. 5.11 Federal Mediation And Conciliation Seryice Arbitration CFMCSl. 5.11.1 Intent To Proceed. The determination to proceed under this Section shall be only by the Union or the County. Within seven (7) working days after the decision by the County Administrator or his designee as provided for in Section 5.4.3.2/ or pursuant to Section 5.5/ either the County or the Union shall announce its intention to proceed to arbitration by providing the other party with a copy of the FMCS Form requesting appointment of arbitrators. 5.11.2 Selection of Arbitrator. Selection of an arbitrator will take place according to the rules and procedures of the Federal Mediation and Conciliation Service. As promptly as possible after the arbitrator has been selected, the arbitrator shall conduct a hearing between the parties and consider the subject matter of the grievance. The arbitrator will be requested to serve his decision upon the County and the Union within 30 days of the close of the hearing. 5.11.3 Payment of EXDenses. The expenses of the arbitrator shall be paid by the party losing the award. If a grievance presents more than one (1) issue, or if the arbitrator splits an award between the parties, the arbitrator in the award shall decide the division of the arbitrator's fee. 5.11.4 Party's Costs. Each party shall be exclusively responsible for compensating its own representative(s) and witnesses. If a court reporter or verbatim record of the proceeding is desired, and the County and the Union do not otherwise agree in writing, the expenses of the reporter and the cost of the transcript shall be paid by the party requesting such reporter or transcript. 5.11.5 Limitation on Arbitrator. The power and authority of the arbitrator shall be strictly limited to determination and interpretation of the express terms of this Agreement, and the arbitrator shall not have the power to add to/ subtract from, modify, or alter the express terms of this Agreement. The decision of the arbitrator is final and binding on both parties. No decision of any arbitrator or of the county in one instance shall create a basis for retroactive adjustments with reference to any prior occurrences not a part of the grievance, unless otherwise agreed by both parties. 5.11.6 Limitation on Back WaQes. All awards for back wages shall be limited to the amount of wages, benefits and seniority that the grievant otherwise would have earned from the County, less any unemployment compensation and other sums Page 19 of 40 COLLECTIVELY BARGAINED AGREEMENT - UNIT TWO AGREEMENT BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA AND THE PROFESSIONAL FIREFIGHTERS OF MONROE COUNTY, IAFF LOCAL 3909 received either directly or indirectly through the County during the period for which back pay was awarded. ARTICLE 6: SENIORITY, LAYOFFS, RECALL. ~~.1 Seniority Aoolication. Classification seniority shall be used for determining station assignments, as appropriate and consistent with the County's management rights. Department seniority shall be used for resolving all other issues concerning seniority, as appropriate and consistent with the County's management rights. 6.2 Seniority Determination. Classification seniority for employees within the same classification or rank shall be based upon the individual employee's last date of permanent hire. Department seniority for employees having the same date of permanent hire shall be based upon the longer time in classification, e.g. when two or more employees have the same last date of permanent hire, their relative seniority shall be determined first by their time in the highest attained classification or rank, and if this factor is equal for the employees involved, then their relative seniority shall be determined by lot. 6.3 Loss of Seniority. An employee shall lose his or her status as an employee and his or her classification seniority, rank, and department seniority if: 6.3.1 Resigns or Quits. The employee resigns or quits. 6.3.2 Discharc;aed. The employee is discharged for just cause. 6.3.3 Retirement. The employee retires and ceases to perform any services for the County. Enrolling into the Florida Deferred Retirement Option Plan (DROP) shall not be considered a retirement. 6.3.4 Lay Off. The employee has been laid off for a period of time equal to his or her department seniority at the time of the employee's layoff, or one (1) year, whichever is the lesser period of time. 6.4 Layoffs. 6.4.1 Order of Layoffs. At such time or times as the County may determine it is necessary to reduce the work force of the employees represented by the Union, the layoff of employees shall occur in the following order and in accordance with department seniority: 6.4.1.1 First Level. Temporary, part-time, trainee, and seasonal employees shall be the first level of staffing to be laid off. 6.4.1.2 Second Level. Probationary hires and non-permanent full-time employees shall be the second level of staffing to be laid off. Page 20 of 40 COLLECTIVELY BARGAINED AGREEMENT - UNIT TWO AGREEMENT BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA AND THE PROFESSIONAL FIREFIGHTERS OF MONROE COUNTY, IAFF LOCAL 3909 6.4.1.3 Third Level. Full-time permanent employees shall be the third level of staffing to be laid off. 6.4.2 Permanent Emoloyee Layoffs. 6.4.2.1 Basis. Permanent employees shall be laid off on the basis of their seniority classification within the classification or rank. 6.4.2.2 Manaaement Riaht. Classifications or ranks to be reduced in number of employees through layoffs shall be determined by the County in the exercise of its management rights. 6.4.3 "Bumoina" Riahts. 6.4.3.1 Within Deoartment. Employees who are represented by the Union and who are properly laid off shall not have bumping rights to any other department or division of the County. 6.4.3.2 Union Positions Exclusive. Employees who are laid off from any other department or division of the County shall not have bumping rights to any position represented by the Union. 6.4.3.3 Rankina Order. For purposes of bumping rights within class title of employees covered by this Agreement the last employee hired is the first employee out. 6.4.3.4 Bumoing Down. When an employee above the rank or classification of Airport Rescue Firefighter is notified he or she is to be laid off, he or she shall have the right to bump down to the next lower rank. If the employee elects to bump down, the least senior employee in seniority classification in the next lowest rank shall either be laid off or have the right to bump down, and this procedure shall be followed on down until the least senior employee in seniority classification has been reached, and this person shall be laid off. 6.4.4 Notice of Layoffs. Upon the determination of the intent to reorganize staffing levels resulting in one or more employee layoffs, the County Administrator shall advise the Union president of the determination in writing as soon as practical. Any employee identified to be laid off shall be notified in writing of the reason or reasons for the layoff and the effective date of the layoff. Such written notice shall be given to the employee at least sixty (60) days prior to the effective date of the layoff. The notice shall be considered delivered as of the day it is hand-delivered to the employee or as of the day it is placed in the United States Mail, postage prepaid, and addressed to the employee's address as shown current in the employee's personnel file. 6.4.5 Recall. The County shall establish a two (2) year rehire list when any layoff occurs. Such list shall contain the name and classification or rank of the Page 21 of 40 COLLECTIVELY BARGAINED AGREEMENT - UNIT TWO AGREEMENT BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA AND THE PROFESSIONAL FIREFIGHTERS OF MONROE COUNTY, IAFF LOCAL 3909 employees who were laid off, with the names listed in order of seniority within the classification or rank. No person who is not on the rehire list may be hired until the rehire list is exhausted. 6.4.6 Rehire. When rehire occurs, the County shall refill the job within each classification or rank with the qualified individual who is next on the recall seniority list. Should no qualified individual on the rehire list accept the rehire offer, the County shall be free to hire any qualified individual in accordance with County hiring policies. Rehire notices shall be sent by certified mail, return receipt request, to the listed employee, allowing seven (7) calendar days after receipt for acceptance or rejection of the rehire offer. 6.4.7 Rehire Oualifications. Any person laid off and subsequently rehired within six months of the date of layoff shall be considered to be qualified for the classification or rank to which rehired, provided any certification for the position required by the State of Florida is in full force and effect. Individuals who are rehired after six months of layoff shall be required to successfully pass a position-related medical examination and show compliance with all State of Florida certification req u i rements. ARTICLE 7: CERTIFICATION, STANDARDS, AND TRAINING 7.1 Firefic;lhters. The County's goal is to employ individuals to perform firefighting duties who possess a current, valid minimum standards certificate of compliance issued to that individual in accordance with the provisions of Section 633.34 and Section 633.35, Florida Statutes, and applicable provisions of the Florida Administrative Code. 7.1.1 Firefiahter Trainees. The County may, on a case by case basis, temporarily employ an individual to perform firefighting duties who does not possess the minimum standards certificate of compliance. Such individual shall be classified as a "trainee", and shall be paid a base salary equal to ninety percent (900/0) of the base salary of an entry-level firefighterjEMT. 7.1.2 Temoorarv Emolovment. A trainee shall be temporarily employed for a period not to exceed one year. During temporary employment, the County may, but is not obligated to, provide the opportunity for the trainee to attend a minimum standards firefighting academy at the County's expense. Upon obtaining the minimum standards certificate of compliance, the trainee shall become a regular employee, shall be paid at the base salary rate of an entry-level FirefighterjEMT, and shall begin the probationary period of employment. 7.1.3 Termination of Emolovment. The employment of a trainee who fails to receive the minimum standards certificate of compliance shall not be continued beyond the one-year period. 7.1.4 Reoavment Aareement. Individuals for whom the County provides the opportunity to attend a minimum standards firefighting academy at the County's Page 22 of 40 COLLECTIVELY BARGAINED AGREEMENT - UNIT TWO AGREEMENT BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA AND THE PROFESSIONAL FIREFIGHTERS OF MONROE COUNTY, IAFF LOCAL 3909 expense shall be required to enter into a repayment agreement. The terms and conditions of the repayment agreement shall be substantially in the form attached to this Agreement as EXHIBIT C. 7.1.5 Continuina Certification Trainina. The County shall provide those training opportunities, both on-duty and off-duty, that are sufficient to maintain those firefighting and EMS skills certification as minimally required by the State of Florida and Monroe County. 7.2 Emeraency Medical Technician (EMTl Certification. Individuals employed by Monroe County on a temporary or regular basis to perform firefighting duties shall possess certification by the State of Florida as an Emergency Medical Technician pursuant to the provisions of Chapter 401, Florida Statutes, and applicable Florida Administrative Code rules. The County shall provide those training hours, both on-duty and off-duty, that are sufficient to maintain EMT skills certification as minimally required by the State of Florida and Monroe County. 7.3 Paramedics. The County's ultimate goal is to provide professional fire rescue services through the employment of firefighters who are also certified by the State of Florida as a paramedic pursuant to the provisions of Chapter 401, Florida Statutes, and applicable Florida Administrative Code rules. 7.3.1 Paramedic Trainees. The County may, on a case by case basis, temporarily employ an individual to perform firefighting duties who does not possess certification as a Paramedic. Such individual shall be classified as a "trainee", and shall be paid a base salary equal to ninety percent (900/0) of the base salary of an entry- level Firefighter/Paramedic. 7.3.2 TemDOrary EmDloyment. A trainee shall be temporarily employed for a period not to exceed one year. During temporary employment, the County may, but is not obligated to, provide the opportunity for the trainee to attend Paramedic training at the County's expense. Upon obtaining certification as a Paramedic, the trainee shall become a regular employee, shall be paid at the base salary rate of an entry-level Firefighter/Paramedic, and shall begin the probationary period of employment. 7.3.3 Termination of EmDloyment. The employment of a trainee who fails to receive certification as a Paramedic shall not be continued beyond the one-year period. 7.3.4 ReDayment Aareement. Individuals for whom the County provides the opportunity obtain certification as a Paramedic at the County's expense shall be required to enter into a repayment agreement. The terms and conditions of the repayment agreement shall be substantially in the form attached to this Agreement as EXHIBIT C. 7.3.5 Continuina Certification Trainina. The County shall provide those training hours, both on-duty and off-duty, that are sufficient to maintain those paramedic and firefighting skills as minimally required by the State of Florida and Page 23 of 40 COLLECTIVEL V BARGAINED AGREEMENT - UNIT TWO AGREEMENT BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA AND THE PROFESSIONAL FIREFIGHTERS OF MONROE COUNTY, IAFF LOCAL 3909 Monroe County. 7.4 Initial Paramedic Certification For Firefighter/EMT Emoloyees. 7.4.1 Eliaibility. At the discretion of the County, non-probationary regular Unit rnembers may be provided the opportunity to become certified under Florida law as a paramedic. 7.4.2Schedulin9 and Aooroval. The Unit member, the Union, and the County Fire Chief shall jointly discuss and agree in writing concerning the timing, conditions of attendance, and location of training to achieve Paramedic certification. One condition shall include a Repayment Agreement in substantially the form contained in Exhibit C. The certification training shall be at the expense of the County. 7.5 Paramedic Certification For Airoort Personnel. Airport personnel who maintain active paramedic certification shall receive 100/0 additional compensation at their current step. ARTICLE 8: SALARIES AND SUPPLEMENTS 8.1 Base Salary. Base salaries and step increases for positions covered by this Agreement are attached hereto as EXHIBIT B, and made a part of this Agreement by reference. On October 1 of each year of this contract, each step in the pay plan for the bargaining unit shall receive a three percent (30/0) cost of living adjustment. Step increases are effective on bargaining unit member's anniversary date. 8.2 State Mandated Educational SUDDlement. In accordance with the provisions of Section 633.382, Florida Statutes, and in accordance with the provisions of Rules 69A-37.082 through 69A-37.089, Florida Administrative Code, the County shall be responsible for, and shall pay, to eligible employees the following amounts: 8.2.1 Associate Dearee. For employees holding an associate degree, the sum of $50.00 per month, not to exceed a total of $600.00 per calendar year. 8.2.2 Bachelor Dearee. For employees holding a bachelor's degree, the sum of $110.00 per month, not to exceed a total of $1,320.00 per year. 8.2.3 Dual Dearees. If an employee holds both an associate degree and a bachelor's degree, the employee shall receive only the supplement for the bachelor's degree. 8.3 Eliaibility For State Mandated Educational SUDolement. Eligibility for the state mandated supplement shall be determined in accordance Section 633.382, Florida Statutes, and in accordance with the provisions of Rules 69A-37.082 through 69A-37 .089, Florida Administrative Code. 8.4 Base Salary. Bargaining Group Members base salary should be compensated in Page 24 of 40 COLLECTIVELY BARGAINED AGREEMENT - UNIT TWO AGREEMENT BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA AND THE PROFESSIONAL FIREFIGHTERS OF MONROE COUNTY, IAFF LOCAL 3909 a level method. Base salary should be divided by the annual number of pay periods (26 currently). Overtime and other special pay will be paid in accordance with County payroll procedures. 8.4.1 Paramedic Certification. Members of Bargaining Unit 2 who maintain active paramedic certification shall receive 100/0 additional compensation at their current step provided their paramedic skills are subject to use on emergency scenes within Monroe County. 8.5 Hold-Over Time, Call Back Time, and Early Reoortina Time Salary Suoolements. 8.5.1 Hold Over Time. "Hold Over Time" shall mean the work time when an employee is required to work beyond the end of his or her regularly scheduled work shift. 8.5.2 Call Back Time. "Call Back Time" shall mean the time when, after an employee has completed his or her normal shift and has departed the work site without any expectation of returning to work before his or her next regularly scheduled shift, the employee has been contacted to report for work and does in fact report for work. Call Back Time shall commence when the employee reports to the work site and shall end when the employee completes the work and departs from the work site. Call Back Time shall consist of a minimum of four hours of work. 8.5.3 Early Reoortina Time. "Early Reporting Time" shall mean the time an employee is required to report to work, for a regularly scheduled work shift, at a time earlier than the normal starting time for the regularly scheduled work shift. 8.5.4 Comoensation. Compensation for Hold Over Time, Call Back Time, and Early Reporting Time shall be paid at the regular and overtime rates in accordance with the calculation of the hours worked by the employee during the regular work cycle. 8.6 Overtime Pay. Overtime Pay shall be calculated at the rate of one and one-half times the regular hourly rate of pay. Overtime Pay shall be paid for each hour worked in excess of two hundred four (204) hours during the work cycle. 8.7 Fliaht Pay 8.7.10ualification Rate. Paramedics or Firefighter/Paramedics who are designated as flight-qualified shall be entitled to a salary supplement equal to five percent (50/0) of his or her normal rate of pay during the time he or she is designated as flight-qualified. Bargaining unit members who met this qualification for any period of time between October 1, 2004 and the effective date of this contract shall be paid retroactively for those hours for which they met the qualification. 8.7.2 Assianment Rate. Flight qualified Paramedics or Firefighter/Paramedics assigned to a work location where he or she is designated to be a flight-medic, and who is further assigned to an air ambulance which is subject to immediate dispatch on a medivac mission, shall be entitled to a salary supplement equal to seven percent (7%) of his or her normal rate of pay. This is in addition to the qualification rate in 8.7.1. Bargaining unit members who met this qualification for any period of time between October 1, 2004 and the effective date of this contract shall be paid Page 25 of 40 COLLECTIVELY BARGAINED AGREEMENT - UNIT TWO AGREEMENT BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA AND THE PROFESSIONAL FIREFIGHTERS OF MONROE COUNTY, IAFF LOCAL 3909 retroactively for those hours for which they met the qualification. 8.7.3 Desianation and Training. It is the right of the County from time to time to determine the number of positions to be designated flight-qualified, to determine the assignment locations of Paramedics or Firefighter/Paramedics who are flight-qualified, and to determine staffing requirements for air ambulance missions. It is the responsibility of the individual Paramedic or Firefighter/Paramedic to complete all training hours required to maintain the designation as flight-qualified. In the event that such training hours cannot be completed during assigned duty shifts, the individual shall be responsible for completing the necessary training hours on his or her own time and at no cost to the County. 8.8 Hurricane Pay. Members of the bargaining unit shall be paid for administrative emergency hours in the same manner as other county employees as specified in policies in effect. ARTICLE 9: EMPLOYMENT BENEFITS 9.1. Applicability. The benefits listed in this Article and elsewhere in this Agreement apply only to full-time personnel unless expressly stated otherwise. 9.2. Annual (Vacation) Leave. 9.2.1 Employees whose normal duty assignments involve shift work usually consisting of 24 hours on-duty followed by 48 hours off-duty (as may be referred to as a "24/48 schedule") shall earn annual leave while employed full-time by the County. 9.2.2 An employee shall commence earning annual leave beginning with the first day of work following employment or re-employment, provided an entire pay period is worked. 9.2.3 An employee who has had a break in employment of 60 hours or more shall earn annual leave, upon reinstatement or re-employment, at the rate established for newly-hired employees. 9.2.4 An employee shall earn annual leave in accordance with the following schedule: 9.2.4.1 During the 1st, 2nd, and 3rd years of employment, annual leave shall be earned at the rate of five (5) hours per pay-period, with the total number of hours earned not to exceed one hundred thirty (130) hours in a calendar year. 9.2.4.2 During the 4th through 10th years of employment, annual leave shall be earned at the rate of six and one-quarter (6.25) hours per pay-period, with the total number of hours earned not to exceed one hundred sixty-two and one-half (162.5) hours in a calendar year. Page 26 of 40 COLLECTIVELY BARGAINED AGREEMENT - UNIT TWO AGREEMENT BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA AND THE PROFESSIONAL FIREFIGHTERS OF MONROE COUNTY, IAFF LOCAL 3909 9.2.4.3 During the 11th through 15th years of employment, annual leave shall be earned at the rate of seven and one-half (7.5) hours per pay-period, with the total number of hours earned not to exceed one hundred ninety-five (195) hours in a calendar year. 9.2.4.4 During the 16th year of employment and for each year thereafter, annual leave shall be earned at the rate of eight and three-quarters (8.75) hours per pay-period, with the total number of hours earned not to exceed two hundred twenty- seven and one-half (227.5) hours in a calendar year. 9.2.5 The application, administration and interpretation of annual leave benefits shall be in accordance with the applicable provisions of Monroe County Administrative Procedures and any addenda thereto, as may be amended from time to time. Any provision of the Administrative Procedures or any addenda which is in direct conflict with any provision in this Agreement is superseded by this Agreement to the extent of such conflict. 9.3. Sick Leave. 9.3.1 Employees whose normal duty assignments involve shift work usually consisting of 24 hours on-duty followed by 48 hours off-duty (as may be referred to as a "24/48 schedule") shall earn sick leave while employed full-time by the County. 9.3.2 An employee shall commence earning sick leave beginning with the second pay period following employment or re-employment. 9.3.3 An employee who has had a break in employment of sixty (60) hours or more shall earn sick leave, upon reinstatement or re-employment, at the rate established for newly-hired employees. 9.3.4 An employee shall earn sick leave at the rate of five (5) hours per pay- period, with the total number of hours earned not to exceed one hundred thirty (130) hours in a calendar year. 9.3.5 An employee who has an accrued an unused sick leave balance of more than four hundred eighty (480) as of September 30th in any year shall have the option to either: 9.3.5.1 Receive payment for hours accrued and unused in excess of four hundred eighty (480) hours, multiplied by the employee's then current rate of pay as of September 30th of that year; provided, however, that the total number of hours for which payment is received shall not exceed fifty-two (52) in any year. 9.3.5.2 Elect to have the excess hours remain as accrued and unused, provided the employee notifies the Personnel Office by September 1st that the employee is foregoing payment for the excess hours. Page 27 of 40 COLLECTIVELY BARGAINED AGREEMENT - UNIT TWO AGREEMENT BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA AND THE PROFESSIONAL FIREFIGHTERS OF MONROE COUNTY, IAFF LOCAL 3909 9.3.6 An eligible employee may enroll in and receive the benefits of the Monroe County Sick Leave Pool. Enrollment procedures and rules for the operation of the Sick Leave Pool are found in Monroe County Administrative Instruction 4702, as amended from time to time, and these procedures and rules shall be used in the administration of the Sick Leave Pool program. 9.3.7 The application, administration and interpretation of sick leave benefits shall be in accordance with the applicable provisions of Monroe County Administrative Procedures and any addenda thereto, as may be amended from time to time. Any provision of the Administrative Procedures or any addenda which is in direct conflict with any provision in this Agreement is superseded by this Agreement to the extent of such conflict. 9.4,. Holidav Leave. 9.4.1 The County has recognized certain days to be holidays, during which most County offices are normally closed. The County and Union agree that the County's firefighting and emergency rescue services are, and shall be, available during holidays, and that some bargaining unit members will be required to work during designated holiday periods. 9.4.2 The application, administration and interpretation of holiday leave benefits shall be in accordance with the applicable provisions of Monroe County Personnel Policies and Procedures and any addenda thereto, as may be amended from time to time. Any provision of the Personnel Policy and Procedures or any addenda which is in direct conflict with any provision in this Agreement is superseded by this Agreement to the extent of such conflict. 9.5. Uniform And Personal Gear: Maintenance. The County and Union agree that certain uniform and protective equipment shall be supplied and/or maintained by the County under the following terms and conditions: 9.5.1 Uniforms. Initial Issuance. The County agrees to issue to each Unit member the following uniform items: Page 28 of 40 COLLECTIVELY BARGAINED AGREEMENT - UNIT TWO AGREEMENT BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA AND THE PROFESSIONAL FIREFIGHTERS OF MONROE COUNTY, IAFF LOCAL 3909 ITEM DESCRIPTION NUMBER ISSUED Shirt, Long Sleeve, White, w/lnsignia Two Shirt, Short Sleeve, White, Two wjlnsignia Shirt, T, w/lnsignia Five Suit, Jump, wjlnsignia One Coat, Rain One Jacket, w/lnsignia One Pants Two Shirt, Polo, Grey, w/lnsignia Two Badge One Name Tag One Station Shoes/Boots One Pair 9.5.2 Uniforms. ReDlacement. Any uniform item which, as determined by the County, has been destroyed, damaged beyond economical repair, or which is otherwise unusable or unsightly due to wear and tear shall be replaced by the County at the County's expense. 9.5.3 Uniforms. Maintenance. The County agrees to provide at each work site a clothes washer and clothes dryer for use by Unit members to clean and dry issued items of uniform clothing. 9.5.4 Uniforms. Class A. At such time as the County adopts a Class A (Formal) uniform for fire/rescue personnel, the County shall issue one Class A uniform to each Unit member who has been a Unit member for three or more consecutive years of service. 9.5.4.1 The uniform shall be owned by the County, and upon termination, other than retirement, from employment a Unit member shall return the issued Class A uniform to the County, or shall pay to the County the full cost of replacement of the uniform. Page 29 of 40 COLLECTIVELY BARGAINED AGREEMENT - UNIT TWO AGREEMENT BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA AND THE PROFESSIONAL FIREFIGHTERS OF MONROE COUNTY, IAFF LOCAL 3909 9.5.4.2 Any Unit member to whom a Class A uniform has been issued, and who retires from service while still a Unit member, shall be entitled, upon his or her request, to retain the Class A uniform as his or her property. 9.5.5 Footwear, ADDroved. The County shall have the right to designate the type, model, and supplier of footwear (station shoes/boots) to be worn by Unit members while performing services for the County. Only the purchase of approved footwear shall entitle the Unit member to reimbursement as provided below. 9.5.6 Footwear, Reimbursement. A Unit member shall be entitled to reimbursement in an amount up to Three Hundred Dollars ($300.00) each odd- numbered year for the purchase of approved footwear to be used by the Unit member while performing services for the County. The Unit member shall submit sales receipts in form suitable to the County showing the date, item purchased, and total amount to be reimbursed, and reimbursement shall be processed and payment made in accordance with the County's usual practices and procedures. 9.5.7 Footwear, SUDDlier Contract. In the event that the County enters into an agreement with any entity to be a footwear supplier to the County for purposes of providing footwear to Unit members, the procedures put into place by the County pursuant to the contract shall be the approved method for acquiring footwear by Unit members. 9.5.8 Personal Protective Gear, Issuance. The County agrees to issue to each Unit member the following personal protective gear: Page 30 of 40 COLLECTIVELY BARGAINED AGREEMENT - UNIT TWO AGREEMENT BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA AND THE PROFESSIONAL FIREFIGHTERS OF MONROE COUNTY, IAFF LOCAL 3909 ITEM DESCRIPTION NUMBER ISSUED Coat, Bunker One Pants, Bunker One Boots, Protective One Pair Gloves, Protective One Pair Hood, Fire Resistant One Helmet, Fire One Suspenders, Pants One Pair Bag, Mask One Mask, MSA, Complete One Pack, Fanny One Sleeves, Protective One Pair Glasses, Safety One Pair Shears, Trauma One Pair 9.5.9 Personal Protective Gear. ReDlacement. Any item of personal protective gear which, as determined by the County, has been destroyed, damaged beyond economical repair, or which is otherwise unusable or unsightly due to wear and tear shall be replaced by the County at the County's expense. 9.5.10 Personal Protective Gear. Maintenance. The County agrees to clean and repair a Unit member's items of personal protective gear at such times as may be deemed necessary from time to time by appropriate supervisory personnel. 9.6. Health And Medical Coverage. The County agrees to provide to Unit members coverage under a Medical Insurance Plan, a Pharmaceutical Co-Pay Plan, an Employee Assistance Plan, and make available to Unit members a Payroll Deduction Plan for Vision and Dental Services. These plans shall be offered under the same terms, conditions, and limitations as offered to other County employees, as amended or changed from time to time. Page 31 of 40 COLLECTIVELY BARGAINED AGREEMENT - UNIT TWO AGREEMENT BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA AND THE PROFESSIONAL FIREFIGHTERS OF MONROE COUNTY, IAFF LOCAL 3909 9.7. Life Insurance. The County agrees to provide life insurance coverage for each Unit member in the amount of Twenty Thousand Dollars ($20,000.00) at no premium cost to the Unit member. Such coverage shall be of the type provided to other County employees and shall be with such underwriter or underwriters as the County may select from time to time. 9.8. Physical/Medical Examinations 9.8.1 The County and Union agree that, among other considerations, eligibility of bargaining unit employees to receive certain presumptions and entitlements relative to communicable diseases, disability, and other benefits requires a physical/medical examination of the employee had been conducted prior to the occurrence of the event or condition upon which the presumption or entitlement is based. Additionally, a physical/medical examination evincing good physical condition is required by Section 633.34, Florida Statutes, as a pre-condition of employment as a firefighter. The County and Union further agree that physical/medical examinations for bargaining unit employees in addition to "post-offer, pre-employment" physical/medical examinations is warranted by the nature of the bargaining unit members' duties. 9.8.2 Initial Physical/Medical Examination. The County agrees to provide a post-offer of employment physical examination to an applicant to be hired for a position included in the bargaining unit. The physical examination shall be administered in accordance with applicable provisions of the Americans with Disabilities Act ("ADA") and appropriate Monroe County Personnel Policies and Procedures and addenda thereto. The cost of the physical examination shall be paid for by the County, and the minimal scope, content and documentation of the physical examination shall be in accordance with the requirements of the Division of State Fire Marshal, Bureau of Fire Standards and Training. 9.8.3 Periodic In-Service Physical/Medical Examination. The County agrees to provide a physical/medical examination to each full-time employee covered by this Agreement at such times and in such extent as provided for in Section 2-4, Chapter 2, of Standard 1582 Edition 2000 of the National Fire Protection Association, entitled Medical Requirements for Firefighters and Information for Fire Department Physicians. The County will use its good faith efforts to schedule the physical/medical examination for an employee during the 30 days immediately prior to, or the 30 days immediately after, the employee's hire anniversary date; however, it shall also be the responsibility of the employee to make appropriate notification to the County of the need for the scheduling of the physical\medical examination. The failure of the County to meet this general scheduling requirement for physical\medical examinations shall not be subject to the grievance procedures provided for elsewhere in this Agreement. The cost of the physical\medical examination shall be paid for by the County. Failure of current (as of October 1, 2005) employees to comply with Category A criteria will not automatically disqualify them from their position but a decision will be made based on safety issues and performance of the employee. Page 32 of 40 COLLECTIVELY BARGAINED AGREEMENT - UNIT TWO AGREEMENT BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA AND THE PROFESSIONAL FIREFIGHTERS OF MONROE COUNTY, IAFF LOCAL 3909 9.8.4 Special Incident Phvsical Examination. The County agrees to provide a physical\medical examination to any full-time employee who has been exposed to an infectious or contagious disease while in the performance of the employee's duties for the County. Additionally, the County agrees to provide a physical\medical examination to a full-time employee who has been involved in any incident while in the performance of the employee's duties for the County which, as generally and commonly recognized in the medical community, would require a physical\medical examination. The performance of such physical\medical examination shall be within a medically reasonable period of time after the exposure or incident, and the cost of the physical\medical examination shall be paid for by the County. 9.8.5 Fitness For Dutv Examinations. The County shall have the right to require an employee to undergo a physical examination or mental examination, or both, when it appears that the employee has exhibited an action or conditions that are readily observable to a reasonable and prudent person and which would lead such a person to reasonably believe that the employee may not be able to fully perform his or her duties. The cost for the examination or examinations shall be paid for by the County, the examination or examinations shall be performed by the professional designated by the County, and the results of the examination shall be reported in the manner required by the County. If any applicable federal or state law shall require that the employee who has been examined in accordance with this section provide written consent for the release of the examination information to the County, the employee shall provide such written consent conditioned upon the County maintaining the confidentiality of the information received and the County shall only release the information as required by federal or Florida law or by lawful order issued by a court or administrative tribunal having competent authority to issue such an order. 9.8.6 Documentation of Phvsical/Medical Examinations. For physical/medical examinations administered in accordance with Sections 9.8.2 and 9.8.3 above, the documentation of the physical/medical examination shall be provided to the County on Forms identified as Figure E-1, NFPA Physical Exam Summary (2000 Edition) and Figure E-2, NFPA Medical Examination Form (2000 Edition). The minimal requirements for reporting shall include a complete medical history and general physical examination; urine drug screen for all drugs identified by the County from time to time in accordance with state statute; complete blood screen as identified by the County from time to time in accordance with state statute; chemistry and lipid profile; audiogram, 12-lead electrocardiogram with interpretation and report; chest x- ray, and treadmill stress testing. 9.9. Firefiahter Death Benefits 9.9.1 Florida Law. Section 112.191, Florida Statutes, requires the County to provide certain benefits to a firefighter, the firefighter's surviving spouse, and any surviving children of a firefighter who dies, is killed, or suffers a catastrophic injury under conditions specified in Section 112.191. 9.9.2 Amounts. The amounts to be paid by the County under this law range Page 33 of 40 COLLECTIVEL V BARGAINED AGREEMENT - UNIT TWO AGREEMENT BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA AND THE PROFESSIONAL FIREFIGHTERS OF MONROE COUNTY, IAFF LOCAL 3909 from $50,000 to $150,000 per firefighter, with such amounts subject to adjustment as determined by the State Fire Marshal, and such payments shall be in addition to any worker's compensation and pension benefits. Additionally, the County will pay the entire health insurance plan premium for the firefighter and his or her spouse and children under the conditions specified in Section 112.191. 9.9.3 BudQetinQ. The County agrees to budget each year for the anticipated costs of providing the benefits under Section 112.191. The amount of reserves, insurance expenses and other costs related to the benefits to be provided shall be in such amounts to be solely determined in good faith by the County. Additionally, the County shall have the right to provide for the payment of these benefits through self- insurance, appropriate insuring policies, or a combination thereof. The cost of any insurance premiums shall be paid by the County. 9.9.4 Applicable Rules. The provisions of Section 9.8 shall be administered consistent with the provisions contained in Rules 69A-64.001 through 69A-64.005, Florida Administrative Code. 9.10. Florida Retirement System Contributions. 9.10.1 Florida Law. All full-time employees of the County are required to participate in the Florida Retirement System (FRS). Bargaining unit members are classified as "special risk" employees under the FRS, which requires the County to make contributions to the FRS on a higher percentage basis than for regular members of the FRS. 9.10.2 Budgetinq. The County agrees to budget each year for the anticipated total amount of contributions to be made to the FRS on account of the bargaining unit members. 9.10.3 No Member Contribution. Bargaining unit members shall not be required or obligated to contribute any sums to the FRS; provided, however, that if in the future the state law changes in this regard, this provision of the Agreement shall be automatically amended to conform with the statutory provisions. 9.11. Educational Expense Reimbursement. 9.11.1 General. The County agrees to reimburse employees for educational expenses incurred by the employee under the following terms and conditions: 9.11.1.1 Eli9ibility. The employee must have been employed full-time by the County for at least one year immediately prior to applying for reimbursement, and the employee must not be in an initial or extended probationary status. 9.11.1.2 Prohibitions. The employee shall not utilize any space, personnel, equipment or supplies provided by the County in the process of fulfilling any of the requirements of the coursework for which the employee is being reimbursed. Page 34 of 40 COLLECTIVELY BARGAINED AGREEMENT - UNIT TWO AGREEMENT BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA AND THE PROFESSIONAL FIREFIGHTERS OF MONROE COUNTY, IAFF LOCAL 3909 9.11.1.3 New Coursework. The coursework must not be duplicative of any coursework for which the employee has been previously reimbursed by the County, unless required by Section 7.1.5. 9.11.2 Administration. The application, administration and interpretation of educational reimbursement benefits, and the amounts to be paid, shall be in accordance with the applicable provisions of Monroe County Personnel Policies and Procedures and any addenda thereto, as may be amended from time to time. Any provision of the Policies and Procedures or of any addenda which is in direct conflict with any provision in this Agreement is superseded by this Agreement to the extent of such conflict. 9.12 Communicable Disease Immunization. 9.12.1 Acknowledament of Risk. The County and Union agree that the bargaining unit members run a high risk of occupational exposure to hepatitis, meningococcal meningitis, and tuberculosis, and the County should provide such immunizations and keep records thereof. 9.12.2 Records and Notification. The County shall maintain a record of any known or reasonably suspected exposure of a bargaining unit member to the diseases described in Section 9.12.6, and the County shall immediately notify the employee of such exposure. 9.12.3 Member to Report. Each bargaining unit member who has knowledge of known or suspected occupational exposure to the diseases described in Section 9.12.6 shall immediately file a report of the incident to the appropriate supervisory personnel. 9.12.4 Immunization. Each bargaining unit member shall be inoculated against hepatitis upon employment or as may be medically required in order to have current immunization against hepatitis. The County shall pay for the costs of such immunization. An employee may refuse immunization but he/she must sign a release if he/she does not Rave avail him/herself of the immunization opportunity. 9.12.5 Future Circumstances; Reauirements. Whenever any standard, medically recognized vaccine or other form of immunization or prophylaxis exists for the prevention of a communicable disease recognized in Section 112.181, Florida Statutes, the County may require bargaining unit members to undergo the immunization or prophylaxis; provided, such immunization or prophylaxis is medically indicated in the given circumstances pursuant to immunization policies established by the Advisory Committee on Immunization Practices of the United States Public Health Service and the employee's physician has not determined in writing that the immunization or prophylaxis would pose a significant risk to the employee's health. 9.12.6 Reauired ScreeninQ For Statutory Presumptions. Page 35 of 40 COLLECTIVELY BARGAINED AGREEMENT - UNIT TWO AGREEMENT BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA AND THE PROFESSIONAL FIREFIGHTERS OF MONROE COUNTY, IAFF LOCAL 3909 9.12.6.1 Florida Law. Section 112.18 and Section 112.181, Florida Statutes, provides that, under certain conditions, specified illnesses and injuries shall be presumed by law to have been accidental and to have been suffered in the line of duty, provided a medical examination had been previously conducted upon the employee or the employee has executed a written affidavit as provided in Section 92.50, Florida Statutes. 9.12.6.2 Screenings And Affidavits. The County agrees to provide the medical screenings, as part of the physical and medical examinations provided for in Section 9.8 of this Agreement. 9.13 Public Records Exemotions. 9.13.1 Florida Law. Chapter 119, Florida Statutes, provides protections against certain information being available to the public under the Florida Public Records law. 9.13.2 Exemot Information. The County and Union agree that, to the fullest extent allowed by law, all information protected by Chapter 119, Florida Statutes is exempt from inspection under Section 119.01, Florida Statutes. 9.13.3 Protection of Exemotion. The County agrees that, when any request is received under the Florida Public Records law to inspect any record maintained by the County relating to a member of the bargaining unit, the County will take such steps as arp reasonably required to redact, omit, cover up, or otherwise eliminate from the records to be inspected such information as is listed in Section 9.12.2. 9.14 Workers' ComDensation Premiums. 9.14.1 Coverage and Benefits. All full-time Unit member employees of the County are participants in the Florida Workers' Compensation program and are entitled to receive such coverage and benefits as provided by the Florida Workers' Compensation law. 9.14.2 Budgeting. The County agrees to budget each year for the anticipated total amount of claims and excess insurance premiums to be paid for workers' compensation coverage of, and payments on behalf of, the bargaining unit members. 9.14.3 No Member Contribution. Bargaining unit members shall not be required or obligated to contribute any sums towards workers' compensation insurance premiums; provided, however, that if in the future the state law changes in this regard, this provision of the Agreement shall be automatically amended to conform with the statutory provisions. 9.15 Unemplovment Compensation Benefits. Page 36 of 40 COLLECTIVELY BARGAINED AGREEMENT - UNIT TWO AGREEMENT BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA AND THE PROFESSIONAL FIREFIGHTERS OF MONROE COUNTY, IAFF LOCAL 3909 9.15.1 Florida Law. In general, employees of the County are entitled to the rights and benefits provided by the Florida Unemployment Compensation law. 9.15.2 Budaetina. The County is a "reimbursable employer" under the law, and agrees to pay each year the total amount of unemployment benefits to be repaid to the State of Florida for unemployment compensation benefits payable to or on account of bargaining unit members. 9.15.3 No Member Contribution. Bargaining unit members shall not be required or obligated to contribute any sums as contributions towards unemployment compensation benefits; provided, however, that if in the future the state law changes in this regard, this provision of the Agreement shall be automatically amended to conform with the statutory provisions. 9.16 Federal Government Contributions. 9.16.1 FICA and Medicare. The County agrees to remit to the federal government on a timely basis all amounts owed as the employer's portion of FICA and Medicare contributions attributable to the employment by the County of each Unit member. 9.16.2 Emolovee Withholdina. The County agrees to deduct from each Unit member's salary and wages all amounts owed by the employee to the federal government for the employee's share of FICA and MediCare contributions, and withholding and forwarding of federal income tax obligations. 9.17 Savinas Bond Deductions. The County agrees to provide the opportunity to Unit members and employees to participate in a Savings Bond program through a payroll deduction plan. The program shall be administered by the County in accordance with its standard practices, as may be amended from to time. 9.18 Direct Deoosit Pavroll Ootion. The County agrees to provide a program for direct deposit of a Union member's and employee's pay into a financial institution of the Unit member's or employee's choice, consistent with the policies and practices of the County, as may be amended from time to time. 9.19 Years-of-Service Award Proaram. The County agrees to provide an award program to recognize employees who have been employed by the County for five years or more, and this program shall be administered as proVided in Section 2-15.6, Monroe County Code, as amended from time to time. ARTICLE X: MISCELLANEOUS PROVISIONS. 10. Term of Aareement; Effective Date. 10.1 Term. The term of this Agreement shall be for a period of three (3) years, commencing at 12:01 A.M. on October 1, 2005, and ending on September 30,2008, at Page 37 of 40 COLLECTIVELY BARGAINED AGREEMENT - UNIT TWO AGREEMENT BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA AND THE PROFESSIONAL FIREFIGHTERS OF MONROE COUNTY, IAFF LOCAL 3909 11:59 P.M. 10.2 This Agreement shall remain in full force and effect during any negotiations and shall continue in full force and effect until such time as a new agreement is reached or imposed. 10.3 Reooener. By mutual consent this contract can be reopened with thirty (30) days notice to discuss specific issues which shall be agreed upon mutually by both parties prior to commencement of negotiation. In year 2 this contract can be reopened for year 3 of the contract for the purpose of discussing an additional Kelly Day. 11. Baraainina Unit Work Securitv. During the term of this Agreement, the Employer shall not assign or delegate out bargaining unit work in any manner 'Nhatsoever. In particular, the County agrees that fire suppression (combat), rescue, fire prevention emergency medical services, administrative services and other Fire/EMS or Airport Fire/Rescue Department related services and functions shall not be assigned or delegated out in any manner, to private or public entities. This article does not apply to fire suppression, rescue or emergency medical services that are currently provided by volunteer fire companies registered as nonprofit corporations within the State of Florida; however, no expansion or any type or kind beyond the current fire district/zone/area of each volunteer fire company that is currently under contract to Monroe County is permissible under this article. This does not preclude services covered under mutual aid agreements or services needed in the event of catastrophic events that impacts bargaining units ability to provide staffing for services. - 12. Construction. This Agreement and the terms hereof shall be construed in accordance with the laws of the State of Florida and venue for all actions in a court of competent jurisdiction shall lie in Monroe County, Florida. 13. Severabilitv. Should any word, phrase or provision of this Agreement be declared illegal or invalid by a court of competent jurisdiction, such declaration of illegality and/or invalidity shall not affect the remainder hereof. 14. Entire Agreement. No statements, representations, or warranties, whether written or oral or from whatever source arising, that were made or alleged to have been made in the negotiation of this Agreement, or alleged as being an inducement by or to either the County or the Union to enter into this Agreement, shall have any validity between the County and the Union or be binding on either the County or the Union, unless such statement, representation, or warranty is expressly written into this Agreement. 15. Captions And Paraaraph Headings. Captions and paragraph headings contained in this Agreement are for convenience and reference only and in noway define, describe, extend or limit the scope and intent of this Agreement, nor the intent of any provision of this Agreement. 16. Exhibits. Page 38 of 40 COLLECTIVELY BARGAINED AGREEMENT - UNIT TWO AGREEMENT BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA AND THE PROFESSIONAL FIREFIGHTERS OF MONROE COUNTY, IAFF LOCAL 3909 16.1 Inclusion in Aareement. The Exhibits referred to in, and attached to, this Agreement shall be incorporated into this Agreement and be a part of this Agreement. 16.2 Additional Exhibits: Amendment of Exhibits. The County and Union agree that one or more additional Exhibits may be added to this Agreement, and that any Exhibit to this Agreement may be amended, changed, or supplemented from time to time, provided that such addition, change, amendment, or supplement shall be accepted and approved by both the Union members and the County consistent with the procedures for ratification and approval of agreements provided for in Chapter 447, Florida Statutes, and further provided that only the added, changed, amended, or supplemented Exhibit need be submitted for ratification and approval. 16.3 Changes to Section 16.4. The list of Exhibits provided in Section 16.4 of this Agreement shall be amended from time to time by the County to reflect any additions, supplements, changes, or amendments ratified and adopted from time to time as provided for in Section 16.2 of this Agreement. 16.4 List of Exhibits. The Exhibits to this Agreement are as follows: 16.4.1 Exhibit A: Union Certification Documentation. 16.4.2 Exhibit B: Base Salary And SteD Increase Chart. 16.4.3 Exhibit C: ReDayment Agreement. To be added at later date by mutual aareement. Pursuant to Section 447.309(1), Florida Statutes, the above agreement is agreed to by and between the bargaining agent and the chief executive officer of Monroe County. Bargaining Aaent. Professional Firefighters of Monroe County, International Association of Firefighters, Local 3909 By: President Date: Chief Executive Officer. By: Administrator &, Tom Wi Date: Page 39 of 40 COLLECTIVELY BARGAINED AGREEMENT - UNIT TWO AGREEMENT BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA AND THE PROFESSIONAL FIREFIGHTERS OF MONROE COUNTY, IAFF LOCAL 3909 This Collectively Bargained Agreement was bargained for and agreed to in accordance with the provisions of Chapter 447, Florida Statutes, and Chapter 286, Florida Statutes; was submitted to the bargaining unit members and ratified by a vote of 7 votes for the Agreement and + votes against the Agreement; and after ratification was submitted to the Board of County Commissioners for action. Baraaining Aaent. Professional Firefighters of Monroe County, International Association of Firefighters, Local 3909 By: ~~ President ' ,. / / ~ Date: /..1/30/05 / / The Board of County Commissioners, at a duly noticed and publicly held meeting at Marathon , Monroe County, Florida, on December 21 , 200--2-, approved the above Agreement by (unanimous) (majority) vote of the Board Of County Commissioners, as follows: VOTING FOR: VOTING AGAINST: Maybr McCoy Mayor Pro-Tem Nelson Commissioner Neu~ent Commissioner Rice Comissioner Spehar .... ~~ ~ BOARD OF C~TY COMMISSIONERS OF MONROE CO , FLORIDA By: Mayor C~4V"~S 150""",,'1' M,c.c.oj Date: ~ 2.1. %.o~ " \' :' ;r:-- ~ \ ~~'_. ,'I> Art ~\ . ~~ '''' DANN'Y.'L, KO~AGE, 'Clerk of{;owrt BY:~;j/;!"~ Date: ~ z.,. -z,ooS"' Page 40 of 40 Exhibit A INRE STATE OF FLORIDA PUBUC EMPlOYEES RELATIONS COMMld CE !,/~l) -Ale 18 "'10: 3Z !;'''- . Case No. ~'Rl'l'.' .... ~i~ . -. :"J;" ~..,u..\ '"! LAIICI;;r.r':I rri:i ORDER .; r.~M~JSS'ON APPlI~TION FOR RENEWAL OF REGISTRATION OF PROFESSIONAL FIRE FIGHTERS OF MOtROE COUNlY, IAFF LOCAL 3909 Don Bock. TIMImI.., repreeentatIve for employee 0IgIInIad0n. --~-~-- ---~~ -----------.-- --- -~----. ---------__""___4____________________ The above-t8ned employee org81IzaUon 1Ied an appIIc8tJan far IWl8W8I of ,""'b~ pul8UR1D SectIons 120.60 and 441.305, FlorIda Statutes (2004). on J~28, 2005. The CommI88lon has nwIewed the application for renewal of r&g~ ..don and aI matBrWa submitted In support thereof. The organization has fuly complied wIh the requirements of Section8 120.60 and 447.305, Florida Statutes. AccordIn9Y, the organization's appIcaaan for Mn8W8I of reglstnJtlon Is GRANTED. R8gistratIon of the organlzaUon shaD be in fuR foroe and effe<:t for B period of one year from September 24, 2005. It Is so cmiered. POOLE, Chair, KOSSUTH, JR, and VARN, Commiuionerw, ooncur. I HFHFji,Y CFRTlf"'l' that this document wu fled and a copy served on each party on { ~ i.1J11- 1_ 2005. ," ( BY: qUI.., rn jaM)" / I / .I 5. . " . . The Professional Fire Fighters of Monroe County - IAFF Local 3909 Unit 2 Exhibit B Base Salary Step Increase Chart Fiscal Year 2005-2006 HIRE 1 2 3 4 5 6 7 8 9 10 SHIFT CAPT AINI AIRPORT RESCUE FF 36,802.93 38,664.96 40,527.00 42,389.03 44,251.07 46,113.10 47,975.13 49,837.17 51,699.20 53,561.24 55,423.27 BATTALION CHIEF 49,746.63 52,263.48 54,780.32 57,297.17 59,814.02 62,330.86 64,847.71 67,364.55 69,881.40 72,398.25 74,915.09 FIRE RESCUE CAPTAIN 41,013.57 43,088.81 45,163.65 47,238.68 49,313.72 51,388.76 53,463.80 55,538.84 57,613.87 59,688.91 61,763.95 Fiscal Year 2006-2007 SHIFT CAPT AINI BATTALION FIRE RESCUE AIRPORT RESCUE CHIEF CAPTAIN FF HIRE 37,907.02 51,239.03 42,243.98 1 39,824.91 53,831.38 44,381.47 2 41,742.81 56,423.73 46,518.56 3 43,660.70 59,016.08 48,655.84 4 45,578.60 61,608.44 50,793.13 5 47,496.49 64,200.79 52,930.42 6 49,414.39 66,793.14 55,067.71 7 51,332.28 69,385.49 57,205.01 8 53,250.18 71,977.84 59,342.29 9 55,168.07 74,570.19 61,479.58 10 57,085.97 77,162.55 63,616.87 Fiscal Year 2007-2008 SHIFT CAPTAINI BATTALION FIRE RESCUE AIRPORT RESCUE CHIEF CAPTAIN FF HIRE 39,044.23 52,776.20 43,511.30 1 41,019.66 55,446.32 45,712.92 2 42,995.09 58,116.45 47,914.12 3 44,970.52 60,786.57 50,115.52 4 46,945.96 63,456.69 52,316.93 5 48,921.39 66,126.81 54,518.34 6 50,896.82 68,796.93 56,719.75 7 52,872.25 71,467.06 58,921.16 8 54,847.68 74,13718 61,122.55 9 56,823.12 76,807 30 63,323.96 10 58,798.55 79,4 77 42 65,525.37 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: 11115/06 Division: Engineering Sulk Item: Y es ~ No Staff Contact Person: David Koppel AGENDA ITEM WORDING: Approval to waive bid irregularities associated with the procurement of survey work and auger cast pile for the Key West International Airport Project. ITEM BACKGROUND: See Attached PREVIOUS RELEVANT BOCC ACTION: This work is part of the McCoy Terminal Project. CONTRACT/AGREEMENT CHANGES: None STAFF RECOMMENDATIONS: Approval as stated above TOTAL COST: o BUDGETED: Yes L No COST TO COUNTY: 0 SOURCE OF FUNDS: REVENUE PRODUCING: Yes No...x. AMOUNT PER MONTH_ Year APPROVED BY: County Atty _ OMS/Purchasing _ Risk Management _ DOCUMENTATION: Included X Not Required_ DISPOSITION: AGENDA ITEM # ~ _;'(1 Revised 8/06 MONROE COUNTY Engineering Department MEMORANDUM TO: Tom Will County Administrator FROM: David Koppel, County Engineer Engineering Department DATE: November 13, 2006 RE: Approval to waive bid irregularities associated with the procurement of survey work and auger cast piles for the Key West International Airport Project. AGENDA ITEM WORDING: Approval to waive bid irregularities associated with the procurement of survey work and auger cast piles for the Key West International Airport Project. ITEM BACKGROUND: As an agent for Monroe County, Morganti was hired as Construction Manager to procure bids for all phases of construction at the McCoy Terminal Complex. In March and April, bids were advertised for concrete. (Bid package # I) Included in the package was survey work and auger cast piles. Bids were opened on May 4 but no bids were received for these items. In order to move the project forward, Morganti contacted several bidders by phone and fax and issued a new document labeled Bid Package I A. Bids were then opened July II. Three bidders responded for the survey work and four bidders responded for the auger cast piling. (See attached Bid Tabulation Sheets) In both cases the low bidder was selected PREVIOUS RELEVANT BOCC ACTION: None CONTRACT/AGREEMENT CHANGES: N/A ST AFF RECOMMENDATIONS: This work is required and the procurement irregularities are supported by staff. The McCoy Terminal Complex Project could not proceed until this work is performed. Bids were advertised in accordance with the contract but since no bidder responded to the surveying or auger pile work, Morganti contacted several firms directly. Work proceeded. The intent for competitive bids was met. Staff recommends approval. Page 1 of 1 Koppel-Dave From: Jim Peace Opeace@morganti.com] Sent: Monday, November 13, 2006 1 :40 PM To: Koppel-Dave Subject: Bid Package 1A Dave, please be advised as follows on bid package 1 A: . Bid package 1 was advertised in March and April. The concrete package was included in BP1. BP 1 bids were taken on May 4. Part of the concrete package was auger cast piles (work category 3A). When the bids for BP 1 were received all of the concrete bidders excluded the auger cast piles. . BP 1 also included survey work and no bids were received for this category either. . Morganti solicited bidders for these 2 work categories by phone and fax and repackaged the documents as BP 1A with a bid date of July11. There were 3 bids received for survey work (GMP book, tab 5, work scope 2E) and 4 bids received for auger cast piles (GMP book, tab 5, work scope 3A). The GMP includes the low bidder in each of these categories. . BP 1 A was not advertised as a stand alone bid package as the work included had been advertised previously as part of BP 1. Please let me know if there is anything additional that you need. I think that I covered the items we discussed this morning. JTP 11/13/2006 I i ' I 'II 1 : ! ,I , II I , I : I , ! i ! i I i I 1 1 I · 1 , I , I I .,. .,. , J Ul c o i '5 .a ~ tl Iii 1:: ~ ~ 'g ~ g>.- .2'6 e _:= Q.. I ~ ffi c ' Q)-Q~ C ~ '1ij -.- > .... - E 0 !11 :fj Q) C 0 3: I- ~ al' >- ~"C -l!:, Q)Q)C 0 :.: z < ~ ~~ f ~ ~ .;: ~ 15 ~ ~"~a:S~ <Ii ~I '~:i" ~l jj ~ .,. 8 ~ h M ;;; ~ ~ ~~ ~ ~ ~ ~ ~-.><- J ~,~ ~ gj :I: ~,. LL _ .,. i>-~~~~~ i3! ~~ 0 l:j ~ L;. ~ ",Ii lii _ fi- u ~! ~ ~ &l N ~ .,. 8 ~ ! i!! N N !Ii ~Q "'gj ~ ~ 1lS <=,g ~~.I~I, ~ ~ ,~~ 1 ~.t is' iil 1l i 8! 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I I BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: November 15.2006 Bulk Item: Yes --.lL. No Division: Emplovee Services Staff Contact Person: Teresa Aguiar AGENDA ITEM WORDING: Approval to amend and add language to the Health Plan Document and to attach Retiree Resolution to Amendment as Exhibit A to allow retirees to waive the County's group health insurance benefits. ITEM BACKGROUND: It is and has been the County's practice to allow retirees to waive their group health insurance benefits. This language should be included in the Health Plan Document revision which was approved at the BOCC meeting of September 20, 2006. PREVIOUS RELEVANT BOCC ACTION: None CONTRACT/AGREEMENT CHANGES: See attached amendment. STAFF RECOMMENDATIONS: Approval to amend the existing Health Plan Document which becomes effective January 1,2006 to add language of current practice of allowing retirees to waive the County's group health insurance benefits and to add the Retiree Resolution 354-2003 as an exhibit in order to include the resolution in the Plan. TOTAL COST: none BUDGETED: Yes --1L No COST TO COUNTY: none SOURCE OF FUNDS: nla REVENUE PRODUCING: Yes No x ~T PER MONTH Year APPROVED BY: County An9'~~~'~Sing _ Risk Management (.kJ II (I) \)~ DOCUMENTATION: Included Not Required_ AGENDA ITEM # plD DISPOSITION: Revised 8/06 FIRST AMENDMENT TO MONROE COUNTY EMPLOYEE HEALTH PLAN (BOCC approved 9/20/06) WHEREAS, on September 20, 2006, the Board approved the Employee Health Plan (Plan) which will become effective on January 1,2007; and WHEREAS, the Board approved Resolution No. 354-2003 at a Special Meeting held September 10, 2003 concerning retiree eligibility under the Plan, said resolution still being in effect and incorporated herein; and WHEREAS, the Plan approved September 20, 2006 needs clarification in order to accurately reflect past and current practices and to include provisions pursuant to Resolution No. 354-2003; and WHEREAS, the Plan Administrator reserves the right to amend the Plan at any time; and WHEREAS, the Plan states that "Any changes in the Plan Document shall be made by written Amendment; and NOW, THEREFORE, the Plan shall be amended to read as follows: I. Page 2, Section 2, shall be amended to read as follows: You and your Eligible Dependents can be eligible to receive benefits under the Plan after you complete 60 days of continuous service. Section 2A - Eligibility Active Employees. To be eligible as an active employee. you must be an active full-time employee, who is directly employed in the regular business of and compensated for services by the Employer and regularly works 25 or more hours a week. To be eligible as a retiree. you must be a retiree who fits within one of the following categories. and you must pay the fOllOwing cost: If ou fall under one of the followin Current Retiree You a: Cost equal to HIS* for 10 years service Nonnal retirement under ~121.021(29)F.S., from Monroe Count & FRS with 10 ears full-time service Early retirement under ~121.021 (30), from Monroe County & FRS with 10 years full-time service AND EITHER age 60, or age and years of service added to ether total 70 Early retirement under ~121.021 (30), from Monroe County & FRS with 10 years full-time service, NOT age 60, and a e and years of service do not add u to 70 Retire from FRS without 10 years full-time service with Monroe Count Employees hired on/after 10/01/01 who retire from Pay Departmental Rate Monroe County & FRS with 10 ears full-time service Re-enrollment under Monroe County group health Pay Departmental Rate program Upon retirement with 10 years full-time service and Monroe Count was last FRS em 10 er *HIS stands for "health insurance subsidy" **Rule of70: You satisty the Rule of 70 if your age, combined with the number of years of service you have with Monroe County, totals 70 or more. Note: The 10 ears of service re uirement is 8 ears for elected officials. Cost equal to HIS* for 10 years service Cost equal to HIS* for 10 years service Pay Departmental Rate until you reach age 60 or satisfy Rule of 70** Pay Departmental Rate I Florida Slatute 121. 021 (29) "Normal retirement date" means the firsl day of any month fOllowing the date the member attaios one of the following statuses: (a) If a regular class member, the member; J . Completes 6 or more years of creditable service and attains the age of 62; or 2. Completes 30 years of credilable service regardless of age, which may include a maximum of 4 years militaIy service credit as long as such credit is not claimed under any other system. (b) If a Special Risk Class member, the member: I. Completes 6 or more years of creditable service and attains the age of 55; 2. Completes 25 years of creditable service regardless of age; or 3. Completes 25 years of creditable service and attains age 52, which service may include a maximum of 4 years of military service credit as long as such credit is not claimed under any other system and the remaining years are in the Special Risk Class. (c) If a Senior Management Service Class member, the member: I. Completes 6 years of creditable service and attains the age 62; or 2. Completes 30 years of any creditable service, regardless of age, which may include a maximum of 4 years militaIy service credit as long as such credit is not claimed under any other system, (d) I an Elected Officer's Class member, the member: I, Completes 6 years of creditable service in the Elected Officer's Class and attains age 62; or 2. Completes 30 years of any creditable service, regardless of age, which may include a maximum of 4 years of military service credit as long as such credit is not claimed under any other system. "Normal retirement age" is attained on the "normal retirement date", 2 Florida Stature 121.021 (30) "Early relirement date" means the first day oflhe month following the date a member becomes vested and elects 10 receive rehrement benefits in accordance with this chapter. Such benefits shall be based on average mOnlhly compensalion and creditable service as of the member's early retirement date, and the benefit so computed shall be reduced by five-twelfths of I percent for each complele month by which the early retirement date precedes his or her normal retirement date as provided in s. 121.091(3). Eligible Dependents. To be eligible as an Eligible Dependent, the individual must be: I. Your Spouse: 2. Your Surviving Spouse 3. Your Domestic Partner*; or 4. Your Child which terms are defined below. 2 "Spouse" means a person of the opposite sex to whom you are legally married under federal law (and from whom you are not legally separated). "Surviving Spouse" means a person of the opposite sex to whom you were legally married under federal law (and from whom you were not legally separated) at the time of your death as a retired Participant. "Domestic Partner" means a person over the age of 18 who has chosen to share his or her life with you in a committed family relationship of mutual caring as long as you and that individual: 1. consider yourselves to be members of one another's immediate family; 2. agree to be jointly responsible for one another's basic living expenses; 3. are not otherwise married or a member of another domestic Partnership; 4. are not blood related in a way that would prevent you from being married to one another under the laws of Florida; 5. are each of at least legal age and competency required by Florida law to enter into a marriage or other binding contract; 6. reside at the same residence; and 7. each sign a Declaration of Domestic Partnership available from the Employee Benefits Office. An updated Declaration of Domestic Partnership may be required periodically, but not more frequently than annually. The Employee Benefits Office may also ask for substantiation of the Declaration. "Note: If you enroll a Domestic Partner in the Plan, the cost of those benefits to your Employer will be considered taxable wages to you. You might consider discussing the tax implications of enrolling a Domestic Partner in the Plan with your tax advisor prior to enrolling your Domestic Partner. "Child" means a child (1) who bears one of the following Required relationships to you AND (2) who meets the following Child eligibility requirements: I. Required Relationship: a. Your natural born child, or b. Your legally adopted child (beginning the moment slhe is placed in your custody for adoption). However, with respect to an adopted newborn, when the child is placed in your residence. s/he will be considered a Child under the Plan from the moment of birth, provided a written agreement to adopt such child has been entered into by you prior to birth c. Any child, who resides in your household in a regular parent-child relationship, if s/he qualifies as your exemption under the Internal Revenue Code; or d. A foster child who resides in your household in a regular parent-child relationship, if s/he qualifies as your exemption under the Internal Revenue Code; or e. A newborn child, up to the age of 18 months. of your covered unmarried dependent Child. 3 2. Child eligibility requirements: a. The Child is unmarried and has not attained the age of 19; or b. The unmarried Child is a student under the age of 24 (student defined as enrolled in an accredited school on a full or Part-time basis earning at least 6 credits per semester); or. c. The unmarried Child is at least 24, but under 25, is a student (defined above), and earns less than $3,200 per year; or d. The unmarried Child already Covered under the Plan and who is beyond the ages specified above if on the date of attainment s/he is incapable of self-sustaining employment because of mental retardation or physical handicap and is principally dependent on you for support and maintenance*. Proof of such incapacity must be provided to the Employer within 31 days of the Child's birthday, and from time to time thereafter upon the Employer's request. In addition, the Employer may request that the Child submit to examinations from time to time. e. In all cases, the Child must reside with you for more than y, the year, must provide less than y, his or her own support, and be named as a dependent on your most recent federal income tax return. If both parents are covered under this Plan for Personal Benefits, then either parent, but not both, may Cover a child for Dependent Benefits. No individual can be covered for both Personal and Dependent Benefits. It is your responsibility to notifY the Plan if your Child experiences a status change that would affect his or her eligibility under the Plan. *Proof may be required. Exceptions: If your Eligible Dependent is employed and covered under a group plan or plans sponsored by their employer, the day immediately following the date such coverage terminates due to the termination of your Eligible Dependent's employment may also be deemed to be the date you acquired that Eligible Dependent and any other Eligible Dependent who had been covered under that plan. Written proof of loss of coverage must be submitted to the Employee Benefits Office within 31 days of the loss of coverage or else the Eligible Dependent cannot be added until the next Open Enrollment period. 2. Resolution No. 354-2003 which was approved by the Board of County Commissioners at a Special Meeting held September 10, 2003 concerning retiree eligibility under the Plan, also known as the Rule of 70, is herby incorporated into and made a part hereof the Plan by Amendment as Exhibit A. 3. This First Amendment to the Employee Health Plan is effective January I, 2007. 4 4. All other provisions in the Plan shall remain in full force and effect. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a meeting of the Board held on the _ day of ,2006. IN WITNESS WHEREOF, this Amendment 1 to the Plan has been duly signed by an authorized representative of the Plan Administrator. Attest: DANNY L. KOLHAGE Clerk of the Court BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By; Deputy Clerk By; Mayor Charles "Sonny" McCoy MONROE COUNTY.ATT~JY - PROVED AS TO 7 d~ /.::07 TILEENE w. CASSEL ASSISTANT COUNTY ATTORNEY ate //-/3-0(;; 5 Board of County Commissioners RESOLunON NO. 3.54 -20U A RESOLUTION CANCELLING RESOLUTION NO. 154.2003 AND AMENDING RETIREMENT ELIGIBILITY REQUIREMENTS FOR GROUP HEALTH INSURANCE COVERAGE FOR MONROE COUNTY EMPLOYEES. WHEREAS, group health insurance expenses have been steadily increasing; and WHEREAS, the number of retired County employees continues to increase dramatically each year; and WHEREAS, it is the intent of the Monroe County Board of County Commissioners to allow County employees, including employees of the Constitutional Officers and the Mosquito Control Board, who meet the criteria established in this resolution to retire through the Florida Retirement System and maintain their group health insurance benefits with Monroe County as provided herein; now, therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Section I. A. (i) Employees in FRS Regular and Special Risk Classes with a hire date prior to October I, 2001, with a minimum of ten (10) years of full-time service with Monroe County, who retire on, or after, their normal retirement date as described in Sec. 121.021(29), F.S., and who are covered under the group health insurance coverage provided by Monroe County upon retirement, employees in other FRS Classes who complete the number of years of creditable service required by the Florida Statutes to be eligible for a benefit under FRS, who retire on, or after, their normal retirement date under Sec. 121.021(20) F.S., and who are covered under the group health insurance coverage provided by Monroe County Upon retirement, including those who have retired or will retire in accordance with these insurance programs, and all other retirees who as of October 1,2001 are Participating in the County's group insurance program at no cost, may maintain their group health insurance benefits with Monroe County fOllOwing their retirement at a cost equal to the Health Insurance Subsidy for 10 years of service, which is currently $50.00 per month. (ii) Employees hired, on or after, October 1,2001, who meet the requirements of Section I. A. (i) may maintain their group health insurance benefits with Monroe County following their termination of employment, provided such retired employees pay to Monroe County a monthly premium in an amount established annually by the Board of County Commissioners. The premium will equal, but not exceed, Monroe County's monthly departmental cost for active employees. Such premium will be payable on the first day of every month commencing with the month fOllOwing the month in which the employee retires. EXHIBIT A B. (i) Employees with a hire date prior to October I, 2001, with ten (10) years of full-time service with Monroe County who are covered under the group health insurance coverage provided by Monroe County upon retirement and retire at an early retirement date, as described in Sec. 121.021(30) F.S., may maintain their group health benefits with Monroe County following their early retirement, provided such early retirees pay to Monroe County a monthly premium in an amount established annually by the Board of County Commissioners. The premium will equal, but not exceed, Monroe County's monthly departmental cost for active employees. Such premium will be payable on the first day of every month commencing with the month following the month in which the employee retires. Early retirees who pay the premiums described in subsection I. B. (i) will continue to be covered by Monroe County's group health insurance benefits at a cost to the retirees equal to the Health Insurance Subsidy for 10 years of service, which is currently $50.00 per month upon meeting either of the following requirements: (a) Sixty (60) years ofage for Regular Class employees or fifty-five (55) years of age for Special Risk Class; or (b) Qualifications under the Rule of70 wherein the combined years of Service with Monroe County and the retiree's age equal a total of seventy (70). (ii) Employees with a hire date on or after October I, 2001, who meet the requirements of Section I. B. (i) above and retire at any early retirement date, may maintain their group health insurance benefits with Monroe County following their early retirement, provided such early retirees pay to Monroe County a monthly premium in an amount established annually by the Board of County Commissioners. The premium will equal, but not exceed, Monroe County's monthly departmental cost for month following the month in which the employee retires. Notwithstanding anything to the contrary, however, employees with a hire date on or after October 1,2001 are not eligible fOT the premium adjustment under Section I. B. (i). C. Employees with at least ten (10) years of full-time service with Monroe County who are covered under the group health insurance coverage provided by Monroe County upon termination of employment and are fully vested under FRS who elect not to retire under FRS upon termination of employment with Monroe County, may elect to re-enroll under the group health insurance coverage provided by Monroe County upon retirement under FRS, provided that Monroe County was their last FRS employer. Former employees electing this option, may maintain their group health insurance benefits with Monroe County following such election, provided such former employees pay to Monroe County a monthly premium in an amount established annually by the Board of County Commissioners. The premium will equal, but not exceed, Monroe County's monthly departmental cost for active employees. Such premium will be payable on the first day of every month beginning with the first of the month following the month in which the employee elects to re-enroll under thc group health insurance coverage provided by Monroe County upon retirement from FRS. Employees electing this option must, notilY Monroe County of their intent to re-enroll in the County's group health insurance program. Employees who re-enroll under the group health insurance coverage pursuant to this paragraph are not eligible for premium adjustments under subsection I. B. (i) of this resolution. D. Employees with less than ten (10) years of full-time service with Monroe County who are covered under the group health insurance coverage provided by Monroe County upon termination of employment and are fully vested under FRS, upon retirement under FRS in accordance with these provisions, and provided that Monroe County was their last FRS employer, may maintain their group health insurance benefits with Monroe County following their termination of employment, provided such terminated employees pay to Monroe County a monthly premium in an amount established annually by the Board of County Commissioners. The premium will equal, but not exceed, Monroe County's monthly departmental cost for active employees. Such premium will be payable on the first day of every month beginning with the first of the month following the month in which the employee terminates employment with Monroe County. Employees with less than ten (10) years of full-time service with the County are not eligible for premium adjustments under subsection I. B. (i) of the resolution. Section 2. This resolution shall be effective as of January I, 2004. Section 3. This resolution does not affect any requirement of eligibility with the Florida Retirement System; it affects only eligibility to receive health insurance benefits under the Monroe County Group Employee Benefit Plan. Section 4. For purposes of this resolution, full-time service shall have the meaning provided in the County's policies and procedures governing determination of service. For purposes of this resolution, the definition of date of hire is the date an employee first begins work for Monroe County determined in accordance with the County's procedures governing fringe benefits. Any break in employment of forty-eight (48) hours or more will result in a new date of hire if the employee returns to County service. Section 5. The Monroe County Board of County Commissioners formally reserves the right to any and all future changes and modifications of this resolution, the group insurance contract providing health benefits described herein and/or the required premium contributions. .... ...... Section 6. The Monroe County Board of County Commissioners cancels Resol'~o.~_~ 2003. T~i' ~ c ~-< (,0) ..., ~, c g PASSED AND ADOPTED by the Board of County Commissioners of Monroe Coun&i~"-at ::0 ~n""T"' ~ ,.., a "8,.1- meeting of said Board held on the lOll> day of September, 2003. ~:-I~ ca ~ spec 1al , _ " U1 P r, Mayor Dixie M. Spehar Mayor Pro Tern Murray E. Nelson Commissioner George Neugent Commissioner Charles "Sonny" McCoy Commissioner David P. Rice No . ''') f .. ./ . '. . . . .." , (SEAL) . Y~A Yes Yes Yes B~{! Deputy Clerk Board of County Commissioners OfMO~~~ty, (I~rida ~ ".. /77. I I it. t.l RNEY . M Mayor/Chairman ATTEST:" DJIt1ny L. Kolhage, Clerk BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: Seotember 20.2006 Division: Emolovee Services Bulk Item: Yes ~ No Department: Emolovee Benefits Office AGENDA ITEM WORDING: A roval of the amended Em 10 ee Health Plan Docnment to become effective January 1.2007. -_.- Staff Contact Person: Maria Z. Fernandez-Gonzalez ITEM BACKGROUND: Last Ian document revision was October 1 1996 and a roved b the DOCC in February 1997. PREVIOUS RELEVANT BOCC ACTION: N/A CONTRACT/AGREEMENT CHANGES: N/A - STAFF RECOMMENDATIONS: APProval TOTAL COST: N/A BUDGETED: Yes-X- No COST TO COUNTY: N/A SOURCE OF FUNDs: REVENVEPRODUClNG: Yes_ No X Primarilv Ad Valorem APPROVED BY: County Atty -X- OMB/Purchasing ~ AMOUNT PER MONTH_ Year DOCUMENTATION: Included X Risk Management _x_ DISPOSITION: To Follow_ Not Required_ Revised 08/06 /1 - 13 AGENDA ITEM # C c/ rjf~ OKY.~E!Y ~~!!3~E (305) 294 464t ornce ofthl" Employee Sen'ices Division Director The tli510ric Galo Ci~r Factory 1100 Simonton Street. Suit(' 268 Key West. FL 33040 (J05) 292-4458 - PhoQt' (J05) 292-4564 ~ "U TO: ("-- BOARD OF COUNTY COMMIS-ll;IONfE:U Mayor Charles "Sonny" McCoy, District 3 Mayor Pro Tern Dixie M. Spehar, District 1 George Neugent, District 2 Mario Oi Gennaro, District 4 Glenn Patton, District 5 .".. '''"';=- , ~t ~, Board of County Commissioners FROM: Teresa Aguiar, Director EmpJoyee Services DATE: August 3 1,2006 SUBJ: Plan Document Revision This item requests approval of the amended Employee Health Plan Document to become effective January I, 2007. The Plan is the sole document used in determining the benefits of eligible Covered Persons under the Health Insurance Plan. It was originally effective on October I, 1996 and was last approved by the BOCC in February of J 997. Gallagher Benefit Services, Inc. worked with us in revising this document. The major revisions are mentioned beJow: . Section I: Diabetes SUpply coverage will no longer be covered under Medical and is now covered under the Prescription Plan. This change benefits the employee since the employee will no longer be subject to the deductible. There is no significant cost impact to the County for this change. . Section 6: Currently, covered individuals who are employed by a covered entity, must meet the family deductible in addition to one of them meeting their individual deductible (total of $900). The propOsed change will benefit the employee and allow the deductibles be cumulative (totaling $600). . Section 6: Addition of Hospice benefit and coverage of nursing care from an Advanced Registered Nurse Practitioner (ARNP). These benefits are not COvered under the current Plan, however, they were consistentJy waived due to it benefiting the employee and being more cost effective for the County. . Section 7: This is a new benefit for the employee which is in the proposed budget for Fiscal Year 06/07. Costs will be absorbed from the current fund. There will not be any cost for the employee. This benefit provides a maximum payable of $400 per year per COvered individual and is not subject to a deductible or Co-payment percentage. This benefit will enable covered individuals to take increased responsibility for their health behaviors and Ultimately reduce health care costs. . Section 12: Updated language regarding COBRA which also eliminates the need to provide separate COBRA notices to new employees and newly acquired dependents. Page lof2 Plan Document Revision Page 2 These revisions are minor updates and/or changes. They do not affect how benefits are currently applied: o Section I: Updated language on networks and prescription plan. o Section 2: Addition of the Retiree Resolution and Domestic Partner eligibility. o Section 3: Addition oflanguage regarding open enrollment and special enrollment, creditable coverage and effective date of coverage. o Section 5: Clarified language regarding Cost Containment Procedures. o Section 8, 9, 10, II: Language clarified and updated. o Section 13: Addition of language regarding Qualified Medical Child Support Order procedures. o Section 14: New section _ HlPAA. o Section 15: Language clarified and updated. o Section 16: Definitions _ Updated If you have any questions, please do not hesitate to contact me at X4458. Page 2 of2 EMPLOYEE HEALTH PLAN Board of County Commissioners Clerk of the Circuit Court Property Appraiser Tax Collector Supervisor of Elections Sberiff's Department of Monroe County Effective Jauuary J, 2007 o Section 817.234 of the Florida Statutes stipulates that any person who knowingly and with intent to injure, defraud, or deceive any insurer files a statement of claim or application containing any false, incomplete or misleading information is guilty of a felony of the third degree. The Board of County Commissioners/Monroe County (BOCC) has established an Employee Health Plan (the "Plan") to maintain medical and prescription benefits for its employees and their eligible dependents who are beneficiaries of the Plan. A e This Plan, originally effective on October I, 1996, is amended and restated effective January I, 2007. The purpose of this document is to set forth the provisions of the Plan that provide for the payment or reimbursement for all or a portion of Covered medical and prescription expenses. Benefits of the Plan shall be payable for expenses incurred on or after the effective date of the Plan document, in accordance with the terms of the Plan in effect on the date the expense was incurred, except as otherwise specified. This Plan document supersedes all other prior Plan documents and amendments and shall be the sole document used in determining benefits for which Covered Persons are eligible. The Plan document may be amended from time to time by the SOCC, in its sole discretion, to reflect changes in benefits or eligibility requirements, or changes in the law. It is not in lieu of and does not affect any requirements for coverage by Workers' Compensation. It is the responsibility of each Covered Person to understand their benefits, rights and obligations under the Plan. The Plan Administrator has the discretionary anthority to make decisions regarding eligibility for benefits under the Plan and to construe and interpret the provisions of the Plan. Please refer to the Definitions Section (Section 16) of the Plan for an explanation of certain terms used in the Plan document. Wherever used in the Plan document, masculine pronouns shall include both masculine and feminine genders and the singular shall include the plural unless the context indicates otherwise. 0.... ;.I J-.. Table of Contents Section 1 - Schedule of Benefits....................................................................................... 1 Section 2 - Eligibility ........................................................................................................ 4 Section 3 - When Coverage Begins ................................................................................. 7 Section 4 - When Coverage Terminates....................................................................... 10 Section 5 - Cost Containment Procedures ................................................................... 12 Section 6 - Medical Provisions ...................................................................................... 15 Section 8 - Medical Exclusions...................................................................................... 25 Section 7 - Routine Well Care....................................................................................... 23 Section 9 - Coordination of Benefits ............................................................................. 28 Section 10 - How to File a Claim ................................................................................... 30 Section 11 -- Subrogation, Reimbursement, and Equitable Lien............................... 32 Section 12 -Continuation Coverage Rights.................................................................. 35 Section 13 - Qualified Medical Child Support Orders ................................................ 40 Section 14 - The Health Insurance Portability and Accountability Act (HIP AA)... 42 Section 15 - General Provisions .................................................................................... 45 Section 16 - Definitions................................................................................................. 49 Section 1 - Schedule of Benefits e Medical Maximums Major Medical Benefits $1,000,000 Lifetime Deductibles Calendar Year Deductible - per individual $300** Family Maximum $600 Hospital - per period of Confinement $150 Emergency Room - per visit $75 Note: If Emergency Room visit results in admission to the hospital, the Emergency Room Deductible will be waived. Co-Payment Percentage Covered Expenses 75% of the first $30,000 100% thereafter per individual per calendar year Note: Full benefits are subject to compliance with the Keys Physician Hospital Alliance (KPHA) Preadmission CertificationlLength of Stay Approval programs. Failure to obtain required Preadmission Certification or Length of Stay Approval will result in a 30% reduction in benefits for all covered services related to that - claim. KPHA can be reached at (305) 294-4599 or (800) 400-0984 for questions or to initiate compliance. Benefit for all Outpatient Treatment by a Physician of a Mental/Nervous Disorder 50% of charges Benefit for all Outpatient Treatment of Chemical Dependency (alcoholism or drug abuse) 50% of charges, subject to $25,000 lifetime maximum" Benefit for Inpatient or Partial Hospitalization Treatment of a Mental/Nervous Disorder 30 days per calendar year Section 2 - Eligibility e You and your Eligible Dependents can be eligible to receive benelits under the Plan after you complete 60 days of continuous service. Active Employees. To be eligible as an active employee, you must be an active full-time employee, who is directly employed in the regular business of and compensated for services by the Employer and regularly works 25 or more hours a week. Retirees. To be eligible as a retiree, you must be a retiree who fits within one of the following categories, and you must pay the following cost: If ou fall under one of the followin ; Current Retiree Normal retirement under ~121.021 (29) F.S., from Monroe Count & FRS with 10 ears full-time service Early retirement under ~ 121.021 (30), from Monroe Cost equal to HIS* for 10 years County & FRS with 10 years full-time service AND EITHER age 60, or age and years of service added to ether total 70 Early retirement under ~ 121.021 (30), from Monroe County & FRS with 10 years full-time service, NOT age 60, and a e and ears of service do not add u to 70 Retire from FRS without 10 years full-time service with Monroe Count Employees hired on/after 10/0 110 I who retire from Pay Departmental Rate Monroe Coun & FRS with 10 ears full-time service Re-enrollment under Monroe County group health Pay Departmental Rate program upon retirement with 10 years full-time service and Monroe Coun was last FRS em 10 er *HIS stands for "health insurance subsidy" **Rule of70: You satisfY the Rule of70 if your age, combined with the number of years of service you have with Monroe County, totals 70 or more. Note; The 10 ears of service re uirement is 8 ears for elected officials. You a ; Cost e ual to HIS* for 10 ears Cost equal to HIS* for 10 years Pay Departmental Rate until you reach age 60 or satisfy Rule of 70**, Pay Departmental Rate Eligible Dependents. To be eligible as an Eligible Dependent, the individual must be: I. Your Spouse; 2. Your Surviving Spouse 3. Your Domestic Partner*; or 4. Your Child which terms are defined below. 4 6 .'Spouse" means a person of the opposite sex to whom you are legally married under federal law (and from whom you are not legally separated). "Surviving Spouse" means a person of the opposite sex to whom you were legally married under federal law (and from whom you were not legally separated) at the time of your death as a retired Participant "Domestic Partner" means a person over the age of 18 who has chosen to share his or her life with you in a committed family relationship of mutual caring as long as you and that individual: I. consider yourselves to be members of one another's immediate family; 2. agree to be jointly responsible for one another's basic living expenses; 3. are not otherwise married or a member of another domestic partnership; 4. are not blood related in a way that would prevent you from being married to one another under the laws of Florida; 5. are each of at least legal age and competency required by Florida law to enter into a marriage or other binding contract; 6. reside at the same residence; and 7. each sign a Declaration of Domestic Partnership available from the Employee Benefits Office. An updated Declaration of Domestic Partnership may be required periodically, but not more frequently than annually. The Employee Benefits Office may also ask for substantiation of the Declaration. "Note: If you enroll a Domestic Partner in the Plan, the cost of those benefits to your Employer will be considered taxable wages to you. You might consider discussing the tax implications of enrolling a Domestic Partner in the Plan with your tax advisor prior to enrolling your Domestic Partner. "Child" means a child (I) who bears one of the following Required relationships to you AND (2) who meets the following Child eligibility requirements: I. Required Relationship: a. Your natural born child, or b. Your legally adopted child (beginning the moment s/he is placed in your custody for adoption). However, with respect to an adopted newborn, when the child is placed in your residence, s/he will be considered a Child under the Plan from the moment of birth, provided a written agreement to adopt such child has been entered into by you prior to birth c. Any child, who resides in your household in a regular parent-child relationship, if s/he qualifies as your exemption under the Internal Revenue Code; or d. A foster child who resides in your household in a regular parent-child relationship, if s/he qualifies as your exemption under the Internal Revenue Code; or 5 e. A newborn child, up to the age of 18 months, of your covered unmarried dependent Child. - e 2. Child eligibility requirements: a. The Child is unmarried and has not attained the age of 19; or b. The unmarried Child is a student under the age of 24 (student defined as enrolled in an accredited school on a full or part-time basis earning at least 6 credits per semester); or c. The unmarried Child is at least 24, but under 25, is a student (defined above), and earns less than $3,200 per year; or d. The unmarried Child already covered under the Plan and who is beyond the ages specified above if on the date of attainment s/he is incapable of self-sustaining employment because of mental retardation or physical handicap and is principally dependent on you for support and maintenance*. Proof of such incapacity must be provided to the Employer within 3 I days of the Child's birthday, and from time to time thereafter upon the Employer's request. In addition, the Employer may request that the Child submit to examinations from time to time. e. In all cases, the Child must reside with you for more than Y, the year, must provide less than Y, his or her own support, and be named as a dependeut on your most recent federal income tax return. If both parents are covered under this Plan for Personal Benefits, then either parent, but not both, may cover a child for Dependent Benefits. No individual can be covered for both Personal and Dependent Benefits. It is your responsibility to notify the Plan if your Child experiences a status change that would affect his or her eligibility under the Plan. * Proof may be required. Exceptions: If your Eligible Dependent is employed and covered under a group plan or plans sponsored by their employer, the day immediately following the date such coverage terminates due to the termination of your Eligible Dependent's employment may also be deemed to be the date you acquired that Eligible Dependent and any other Eligible Dependent who had been covered under that plan. Written proof of loss of coverage must be submitted to the Employee Benefits Office within 31 days of the loss of coverage or else the Eligible Dependent cannot be added until the next Open Enrollment period. 6 Section 3 - When Coverage Begins o Initial Enrollment. For You. If you are eligible, you must complete the required enrollment forms, and coverage will be effective after sixty (60) days of continuous service trom your date of hire or the date your properly completed enrollment forms are received by the Employee Benefits Office, whichever is later. If you are not Actively at Work on the date coverage begins, your coverage will become effective on the date you return to Active Work. For your Eligible Dependents. If you wish the Plan to provide coverage for your Eligible Dependents, you must enroll and authorize contributions for Dependent Benefits. Coverage for your Eligible Dependents will begin as follows: I. If you enroll your Eligible Dependents (Spouse, Domestic Partner and/or Child) at the time you enroll, coverage for those Eligible Dependents will begin on the date your coverage begins. Otherwise, you will have to wait until Open Enrollment to enroll your Eligible Dependents. 2. If you are not married or have no children at the time you become covered, you will become eligible for Dependent Benefits on the date you acquire your first Eligible Dependent(s) through marriage, birth, adoption, or otherwise as stated under "Eligibility". Coverage for each of those Eligible Dependents will begin on the date eligible, provided you have enrolled and authorized contributions for Dependent Benefits on or before that date. 3. If you delay enrollment but still enroll within 30 days of the date eligible, coverage will be effective on the date you enroll, unless the Eligible Dependent is acquired through birth or adoption (or placement for adoption), in which case coverage will be retroactive to the date of birth or adoption (or placement for adoption). Contributions for delayed enrollment must be paid retroactively to the effective date. If you fail to enroll a newly acquired dependent within 30 days of acquisition, you must wait to enroll the dependent until the next Open Enrollment Period. This will apply even though you have other Eligible Dependents who are not enrolled for coverage under the Plan. If one of your Eligible Dependents, other than a newborn, is confined in a hospital or in an Extended Care Facility on the date coverage would normally begin, s/he cannot receive benefit coverage until the day following discharge from that confinement. After your coverage becomes effective, please notify the Employee Benefits Office promptly of new dependents or dependents who are no longer eligible due to a change in their status because of marriage, divorce, separation, age (of children), student, or mental or physical handicap qualifications. 7 For those Eligible Dependents not previously enrolled, the "Open Enrollment" provision will apply. 0."., 'i +- Open Enrollment. During the Plan's Open Enrollment Period, you may elect Plan coverage for your Eligible Dependents. or modify or eliminate coverage under the Plan for your Eligible Dependents. Any changes elected during the Plan's Open Enrollment Period shall be effective as of the first day of the Plan Year immediately fOllowing the close of the Open Enrollment Period. If you or your Eligible Dependent had not previously participated in the Plan and you elect new coverage during the Open Enrollment Period, you shall be subject to the Plan's Pre-Existing Condition limitations and all other terms and provisions of the Plan. If you make a modification to existing coverage during Open Enrollment, you shall not be subject to a new Pre-Existing Condition limitation. Special Enrollment Rights. If you are declining enrollment for your Eligible Dependents (including your Spouse) because of other health insurance coverage or group health plan coverage, you may be able to enroll your Eligible Dependents in the Plan if they lose eligibility for that other coverage or if the Employer stops contributing towards your Eligible Dependent's coverage. However, you must request enrollment within 30 days after the other coverage ends or after the Employer stops contributing towards the other coverage. In addition, if you have a new Eligible Dependent as a result of marriage, birth, adoption or placement for adoption, you may be able to enroll your Eligible Dependent(s). However, you must request enrollment within 30 days after the marriage, birth, adoption or placement for adoption. To request a Special Enrollment or to obtain more information, please contact the Employee Benefits Office. Pre-Existing Condition Limitation. Expenses incurred for treatment of a Pre-Existing Condition shall be excluded from coverage under the Plan and not considered Covered Medical Expenses if medical advice, diagnosis, care or treatment was recommended or received with respect to such Pre-Existing Condition within the six (6) month period ending on the Employee's date of hire or the Dependent's effective date of coverage under the Plan; provided, however, that such exclusion shall extend for a period of not more than twelve (I2) months (or eighteen (I 8) months in the case ofa Late Enrollee) after the Employee's date of hire and the period of such Pre-Existing Condition exclusion shall be reduced by the aggregate of the periods of Creditable Coverage applicable to the Employee as of his date of hire and the Dependent's effective date of coverage. 8 Rules Relating to Crediting Previous Coverage. e I. Breaks in Coverage. A period of Creditable Coverage shall not be counted with respect to enrollment under the Plan, it: after such period and before the enrollment date, there was a sixty-three (63) day period during all of which the individual had no Creditable Coverage. Periods of Creditable Coverage shall be established through presentation of certifications or in such other manner as may be specified in regulations under ERISA. 2. Method of Crediting Service Standard Method. The Plan shall count a period of Creditable Coverage without regard to the specific benefits covered during the period. 3. Certifications and Disclosure of Coverage. The Plan shall provide a certification at the following times: a. At the time a Participant ceases to be covered under the Plan or otherwise becomes covered under a COBRA Continuation Provision; b. In the case of a Participant becoming covered under a COBRA Continuation Provision, at the time the Participant ceases to be covered under such provision; and c. Upon the request of an individual made not later than twenty-four (24) months after the date of cessation of the coverage. (I) The certification shall be a written certification of the period of Creditable Coverage of the individual under the Plan and the coverage, if any, under the COBRA Continuation Provision and, if applicable, the Waiting Period imposed with respect to the individual for coverage under the Plan. Exceptions to Pre-Existing Condition Exclusion. I. Certain Newborns. The Pre-Existing Condition exclusion described above shall not apply in the case of an individual who, as of the last day of the tbirty (30) day period beginning with the date of birth has Creditable Coverage; provided, however, this exception shall no longer apply to an individual after the end of the first sixty- three (63) day period during all of which the individual did not have any Creditable Coverage. 2. Certain Adopted Children. The Pre-Existing Condition exclusion described above shall not apply in the case of a Child who is adopted or Placed for Adoption before attaining 18 years of age and who, as of the last day of the tbirty (30) day period beginning on the date of the adoption or placement for adoption, has Creditable Coverage; provided, however, the prior sentence shall not apply to coverage before the date of such adoption or Placement for Adoption and, provided further, this exception shall no longer apply to an individual after the end of the first sixty-three (63) day period during all of which the individual did not have any Creditable Coverage. 3. Pregnancv. The Pre-Existing Condition exclusion described above shall not apply to any Pre-Existing Condition relating to Pregnancy. 9 Section 4 - When Coverage Terminates When Will Coverage Under the Plan Terminate? For you and your Eligible Dependents. Coverage for you and your Eligible Dependents will terminate on the earliest of the following dates: I. On the date your employment terminates; or 2. On the date the Plan is discontinued; or 3. On the date you or your Eligible Dependents are no longer eligible for coverage under the Plan; or 4. On the date you begin active duty in the Armed Forces for longer than two weeks, unless you are on an approved leave of absence, discussed further below; or 5. On the date ending the period for which contributions (if required) have been paid, if you cease making contributions. Cessation of Active Work. If you cease Active Work, your coverage and that of your Eligible Dependent(s) will terminate. However, if you cease Active Work because of Injury, Sickness, pregnancy, medical leave of absence, or temporary layoff, your Employer in its sole discretion may continue your coverage for a limited time, provided you make any required contributions. Please note the following; I. If you are absent from work because of an approved medical leave of absence, your coverage may be considered to continue, until terminated by the Employer, but for no longer than 6 months from the date the leave started, provided you make required contributions. The same rules will apply to you if you leave active employment for military service. 2. The Employer must signifY an employee's termination of employment by notifYing the Employee Benefits Office. 3. If subsequent to termination of service and coverage, you (except if you are a Participant returning from active military duty for longer than two weeks) are reemployed or reinstated as an eligible Participant, you will be treated in the same manner as a new Participant at the date of such reemployment or reinstatement. However, there will be a grace period of 2 working days following the date of termination of service during which you may be rehired or reinstated without penalty. Benefits will not be payable for expenses incurred during that 2 day period unless you are rehired or reinstated. 4. If subsequent to termination of service and coverage, you return from active military duty of two weeks or longer and are reemployed or reinstated as an eligible Participant, you will be treated as if you were on an approved leave of absence for purposes of eligibility for coverage. The preexisting condition limitation, eligibility waiting periods and evidence of insurability provisions of the Plan will not apply to your reinstatement into the Plan. 10 In addition, coverage for each Eligible Dependent also terminates on the earliest of the following dates: e I. On the date s/he ceases to be an Eligible Dependent due to such things as: a. For a Spouse, divorce from you, b. For a Child, attainment of the allowed age, loss of "dependent status" or losing status as a "student" as defined in the Plan; or 2. On the date slhe becomes covered for Personal Benefits under the Plan; or 3. On the date s/he begins active duty in the Armed Forces for longer than two weeks; or 4. On the date that you request that coverage for that Eligible Dependent be terminated. In the event of a retiree's death, the survlvmg spouse and eligible dependents may continue on the Plan provided the individual was a covered dependent under this Plan at the time of the retiree's death and makes any required contributions on a timely basis. Coverage for a surviving Spouse and eligible dependent is subject to the eligibility requirements of this Plan. A surviving spouse who remarries is no longer eligible to continue coverage under this Plan. Coverage for Mentally Retarded and/or Physically Handicapped Children. Dependent Benefits for a Mentally Retarded and/or Physically Handicapped Child may not be continued beyond the earliest of the following: I. Cessation of the physical handicap; or 2. Failure to furnish any required proof of mental retardation and/or physical handicap or to submit to any required examination within a reasonable time period; or 3. Termination of Dependent Coverage for the Child for any reason other than attaining the limiting age. The Plan Administrator (or its designee) will have the right to require due proof of the continuation of the mental retardation and/or physical handicap and will have the right and opportunity to have the Child examined whenever it may reasonably require during its continuation. After 2 years have elapsed from the date the Child attained the limiting age, only one examination may be required annually. Contact the Employee Benefits Office for further clarification. " Section 5 - Cost Containment Procedures A e Mandatory Preadmission CertificationlLength of Stay Approval. If you or your Eligible Dependent(s) requires non-emergency hospital confinement for: I. A covered Injury; 2. Sickness; 3. Mental/Nervous Disorder at a Mental Disorder Treatment Facility; or 4. Inpatient treatment at a Substance Abuse Treatment Facility, then Preadmission Certification and Length of Stay Approval must be obtained from the Plan utilization review and case management firm, currently Keys Physician Hospital Alliance, (KPHA), prior to admission. In the event of an emergency admission, certification must be obtaiued within 48 hours from the date of admission. Full benefits for hospital charges will be paid only for approved admissions and confinement days. If confinement extends beyond the approved Length of Stay, additional days must be preauthorized by KPHA. Full benefits for hospital charges will be paid only for the approved number of extended confinement days. All covered charges incurred during that hospitalization wiD be reduced by 30% for those extended confinement days not approved. *NOTE: Failure to obtain required PreadmiSSiou Certification or Length of Stay Approval will result in a 30% reduction in benefits for all covered services related to that claim. NO benefits will be paid for non-emergency admissions from 12:01 a.m. on Friday to 12:01 a.m. on Monday, unless otherwise authorized by KPHA. Requirements for Pre-Certification. I. Non-Emenzencv Admissions. If you or your Eligible Dependent requires a hospital confinement of overnight or longer, hospital Preadmission Certification and Length of Stay Approval must be completed prior to being scheduled or at least five (5) business days prior to a non-emergency surgical or medical admission or procedure. 2. Emergencv Admissions. In the event of an emergency admission, certification must be obtained from the KPHA within 48 hours from the date of admission. Observation Admissions (also know as 23 hour stays) are considered "emergency" or "urgent" admission. (Example: Admitted from the emergency room, directly from your doctor's otlice or following outpatient surgery). Certification must be obtained from the KPHA within 48 hours from the date of the admission. 12 3. Obstetrical Admissions. Preadmission Certification is not required for any hospital length of stay in connection with childbirth for the mother or newborn child if less than or equal or equal to forty-eight (48) hours following a normal vaginal delivery or less than or equal to ninety-six (96) hours following a cesarean section. Hospital lengths of stay exceeding these time periods require Preadmission Certification. 4. Pre-Certification Program for Diagnostic Procedures and Services. A pre-procedure review must be done for specified elective, non-emergency outpatient diagnostic procedures. This review consists of screening using predetermined criteria for determination of medical necessity. This should be completed prior to the procedure being scheduled or at least five (5) business days prior to the non-emergency surgical or medical procedure. e If the clinical information submitted does not meet the established guidelines/criteria to justiry the procedure, the case will be reviewed by a physician reviewer for a determination. The following is a list of outpatient diagnostic procedures and serviees that require pre-certification: Radiologv CT and CT A Brain MRI Brain, Lumbar and Cervical MRA Brain and Carotids Other Durable Medical Equipment (DME) (excludes diabetic testing monitors & supplies; surgical dressings) Home Health Services 5. Pre-Certification Program for Diagnostic Procedures and Services. All surgeries that reqnire or request an admission of an overnight stay. Pre-Surgical Review must be done for specified eleetive, non-emergency surgeries. This review consists of screening using predetermined criteria and determination of medical necessity. This should be completed prior to the procedure being scheduled or at least five (5) business days prior to the non-emergency surgical or medical procedure. If the clinical information submitted does not meet the established guidelines/criteria to justiry the procedure, the case will be reviewed by a Physician Reviewer for determination. There is no mandatory second surgical opinion program. However, one may be recommended after physician review. If your physician or Physieian Reviewer has recommended a second opinion, it must be obtained from a Board Certified surgeon in that specific specialty. If a second opinion was recommended and the surgery is performed without the necessary pre- surgical review and/or if the second opinion (if needed) was not obtained by a board- certified surgeon prior to surgery, all covered charges which are related to that surgery will by reduced by 30%. 13 a ~ If a second opinion is non-confirming, a third opinion may be recommended in order to receive full benefits. It is not neeessary that the third opinion be confirming. Medical Case Management. The Case Management Services serves the individual and the special needs of patients and their families due to illness or injury. Case Managers act as liaison between the patient, physician, therapist, home health agency, third party administrator and employer coordinating all services in order that each individual client return to their optimal potential. Under the program, each of the following may constitute a catastrophic sickness or injury: . Major Head Trauma And Brain Injury Secondary to Illness . Amyotrophic Lateral Sclerosis (ALS) . Neonatal High Risk Infant . Spinal Cord Injuries . Multiple Fractures . Multiple Sclerosis (MS) . Any Claim expected to exceed $60,000.00 . Severe Bums . Amputations . Transplants . Leukemia . Cancer . AIDS . Home Health needs . Durable Medical Equipment needs When the KPHA is notified of one of the above diagnoses or needs (or any other diagnosis for which Medical Case Management might be appropriate) by the covered person or family, his physician. or the employer, the KPHA Case Manager will consult with the attending physician to develop a plan of treatment which will include all services and supplies to be utilized, as well as the most appropriate treatment setting. The treatment plan may be modified as the covered person's condition or needs change. All services and supplies authorized by the Case Manager will be considered covered expenses, whether or not they are otherwise covered under the plan. The benefit level for institutions will be the same as the hospital benefit level would be in the absence of the large Case Management program. For all services and supplies, the benefit level will be the same as the benefit for outpatient medical treatment would be in the absence of the program. Any deviation from tbe treatment plan without KPHA's prior approval may negate the treatment plan and aU charges wiU be subject to tbe regular provisions of this Plan. 14 Section 6 - Medical Provisions e..""'. .,,\;A'. , I . +. If you or your Eligible Dependent are covered and require treatment, services, or supplies because of Injury or Sickness, the benefits described will be payable. How Payments are Made. Unless otherwise stated in the Schedule of Benefits, and after the deductible is satisfied, payment will be made as follows: · 75% of the first $30,000 of Covered Medical Expenses, then 100% of expenses for covered services incurred during a Calendar Year by you or your Eligible Dependent subject to applicable limitations for mental and nervous and/or chemical dependency. · Thus, the Out-of-Pocket amount you have to pay in a Calendar Year per person is $7,800 (25% of $30,000 plus the $300 deductible), plus any incurred inpatient deductibles and any other non-covered expenses. Out-of-Pocket means the sum of any covered expenses applied toward the Calendar Year deductible plus your 25% share of the co-payment. However, the Out-of-Pocket Limit does not include any expenses you must pay for outpatient treatment of mental and nervous disorders and chemical dependency. Maximum Benefits. The Maximum Benefit stated in the Schedule of Benefits is the maximum amount payable during a person's lifetime. All benefits payable are subject to that amount. Reimbursement will continue for each covered individual for successive Sicknesses or Injuries up to the Maximum Benefit in the Schedule of Benefits. Deductible. The amount of the deductible to be paid by you is specified in the Schedule of Benefits. It applies separately to you and each of your Eligible Dependents each calendar year. If 2 or more members of your family are injured in the same Accident, only one deductible will be applied in the Calendar Year in which the Accident occurred against all the combined expenses incurred as a result of such accident. You are responsible for advising the Claims Administrator of such an occurrence subject to Review Procedures. After members of your family have cumulatively satisfied the family maximum deductible in a Calendar Year, no further deductible will be applied in that year against expenses incurred by members of your family. Where you and your Spouse or Domestic Partner are both employed by an Employer, and one of you has elected family coverage, only the family deductible must be met for the calendar year for the Family Unit. 15 Extended Benefits. If coverage for you or your Eligible Dependent terminates, and you are totally disabled on the date of termination, the benefits provided in this section of the Plan shall continue to be payable solely for the Injury or Sickness which caused the total disability during such period of continuous and total disability, just as if coverage had not terminated, and subject to all provisions of the Plan, but not for longer than 12 months after the date of termination. 6 With respect to the above, such benefits shall cease on the date you or your dependent becomes covered under any other group plan. Covered Medical Expenses. The following Medical Expenses are covered under the Plan: Inpatient Hospital Expenses: ** I. Room and Board Charges; 2. Operating, delivery and treatment rooms and equipment; 3. Intensive care, cardiac care or other similar necessary accommodations; 4. Ancillary Charges. **The Plan may not restrict benefits for any Hospital length of stay in connection with childbirth for the mother or newborn Child to less than forty-eight (48) hours following a uormal vaginal delivery, or less than ninety-six (96) hours following a cesarean section, or require that a Provider obtain authorization from the Plan for prescribing a length of stay not in excess of said periods. Hospital lengths of stay exceeding these times periods require Preeertification. Extended Care Facility Charges. Extended Care Facility Charges will be paid if all of the following are met: I. The Participant must first be confined in a Hospital for at least three (3) days or the stay must be determined to be Medically Necessary rather than for Custodial Care; 2. A Physician recommends confinement for convalescence from the condition or related condition which caused the Hospital confinement; 3. The Participant is under the continuous care of a Physician during the entire period of confinement; and 4. The Participant commences his stay in the Extended Care Facility within forty- eight (48) hours following discharge from the Hospital _ (Maximum confinement of thirty-one (31) days). Eligible Extended Care Facility charges shall be Room and Board Charges and Ancillary Charges, not including any charges for professional services ordered by a Physician and furnished by the facility for Inpatient care. /6 Outpatient Hospital Expenses. o I. Diagnostic tests and x-rays; 2. Pre-operative, operative and post-operative services; 3. Ancillary Charges; 4. Emergency room in cases of Medical Emergency; or 5. Emergency room in cases other than Medical Emergencies. Surgical Expenses. Surgery includes the Medically Necessary preoperative and post operative care, when performed by a Physician. Services are subject to Precertification review procedures as detailed in Section 5. If two (2) or more operations or procedures are performed on the same day, on the same patient, by the same Physician, benefits are described in the Schedule of Benefits and are subject to the Usual, Customary and Reasonable Charges, or other negotiated rate, for the first procedure, and 50% of Usual, Customary and Reasonable Charges, or other negotiated rate, for any additional procedures. Surgical Assistance Service. Medically Necessary service of one (I) Physician who actively assists the operating surgeon when a covered Surgery is performed in a Hospital, and when such surgical assistance service is not available by an intern, resident or house Physician. The Plan provides benefits equal to 20% of Usual, Customary and Reasonable Charges, or other negotiated rate, for any additional procedures. Anesthesia Service. Service rendered by a Physician or a certified registered nurse anesthetist, other than by the attending surgeon or his assistant, and includes the administration of spinal or rectal anesthesia, or a drug or other anesthetic agent by injection or inhalation, except by local infiltration. Additional benefits are not provided for preoperative Anesthesia consultation. Outpatient Surgery. A Participant receiving services in a Hospital, but not admitted as a registered bed-patient, is entitled to a benefit equal to the Hospital's regular charges for the services furnished him, but only for the following: I. Use of the Hospital's facilities and equipment for Surgery, including X-ray and lab services provided on the same day as Surgery; 2. Use of the Hospital's facilities and equipment for radiation therapy, inhalation therapy and physical therapy; 3. Elective abortions; 4. Sterilization procedures for participating Employees, Retired Employees and participating Spouses, but not including Surgery for the reversal of sterilization; 5. Oral Surgery (limited to the following procedures): a. Excision of tumors or cysts from the mouth; b. Apicoectomy (excision of tooth root without extraction of tooth); c. Cutting procedures on the gums and mouth tissues for treatment of disease; d. Osseous surgery; 17 e. Excision of exostoses of the jaws and hard palate (provided that this procedure is not done in preparation for dentures); f. Treatment of fractures of facial bones; g. External incision and drainage of cellulites; and h. Incision of accessory sinuses, salivary glands or ducts. e Professional Services. I. Physician services for performing or assisting in the performance of Surgery or an obstetrical procedure, home, office and Hospital visits and other Medical Care and treatment; 2. Anesthesia and its administration; 3. Diagnostic X-ray or laboratory examinations and their interpretation; 4. Outpatient pre-admission testing; 5. Maternity Benefits; a. Expenses for participating Employees, Retired Employees, participating dependents; b. Expenses are covered on the same basis as Sickness; c. Birth Center services or Nurse-Midwives/Practitioners for Medically Necessary services in connection with delivery of a Child or Children provided in state certified Birth Centers. The Nurse-Midwife/Practitioner must be licensed for the nature of services provided by the state he or she is operating in; d. Inpatient charges for a newborn baby for routine nursery room and board and for routine professional services required for the newborn. Routine nursery benefits are limited to the period of the mother's confinement and will be considered for payment as an eligible expense under the newborn Participant when added to the Plan (see Special Enrollment Rights). 6. Manipulative therapies/massage (limited to 12 visits per calendar year, combined benefit). 7. Therapeutic Treatment: a. Physiotherapy provided by a Physician, Hospital or legally qualified phYSiotherapist; b. Speech therapy by a qualified speech therapist; (reqnired because of an Injury or Sickness other than a functional nervous disorder; provided, however, if therapy is required because of a congenital anomaly, the Participant must have had corrective Surgery before the therapy. Expenses related to special educational needs are not covered); c. Radiation therapy; d. Respiratory therapy; and e. Rehabilitative therapy. Mental/Nervous Disorders and Drug/Alcohol Abuse Treatment. The Plan will pay eligible expenses for Inpatient and Outpatient treatment of mental/nervous disorders and 18 drug/alcohol abuse as detailed in the Schedule of Benefits. The unpaid balance of these expenses will not count toward the maximum Out-of-Pocket Limit. . e The maximum amount payable on account of all Covered Medical Expenses incurred with respect to anyone (I) Participant is listed in the Schedule of Benefits. The provisions concerning mental/nervous disorders and drug/alcohol abuse apply only to services resulting from diagnosis or recommendation by a Physician and only to expenses to the extent that they are for treatment recognized by the medical profession as appropriate methods of treatment in accordance with broadly accepted standards of medical practice, taking into account the current condition of the individual. Expenses incurred for treatment of mental/nervous disorders and drug/alcohol abuse will be considered as Covered Medical Expenses only as provided above. *Eligible providers are licensed psychiatrists or psychologists, or licensed mental health counselors working under the direct supervision of a licensed doctor of medicine (M.D,) Home Health Care Expenses. Charges by a Home Health Care Agency for visits furnished to a Participant in such person's home in accordance with a Home Health Care Plan are eligible if: I. The attending Physician certifies that: 2. Hospitalization or confinement in an Extended Care Facility would otherwise be required if home care were not available; 3. Medically Necessary Care and treatment are not available from members of the Participant's immediate family or other person residing with the Participant without causing undue hardship; and 4. The services are provided by or coordinated by a Home Health Care Agency. 5. The following services and supplies are covered: a. Nutrition counseling provided by or under the supervision of a registered dietitian; b. Part-time or intermittent nursing care by a Licensed Practical Nurse; c. Physical, respiratory, or speech therapy; and d. Medical supplies, drugs and medications prescribed by a Physician, and laboratory services provided by or on behalf of a Hospital, if such supplies and services would be covered under the Plan if the Participant were Hospital confined. 6. The Home Health Care benefit shall not cover: a. Services or supplies not approved by the Utilization Review Service; b. Services rendered in any period during which the Participant is not under the continuing care of a Physician; c. Services of a person who ordinarily resides in the Participant's home or is a member of the family of the patient/Participant; d. The services of any social worker; e. Transportation services; 19 f. Custodial Care; and g. Care for a Child or family while caretaker is ill. e 7. The maximum number of Home Health Care visits per Participant that will be covered in anyone (I) calendar year is forty (40). Each visit by a home health aide of up to four (4) consecutive hours in a twenty-four (24) period shall be considered as one (I) Home Health Care visit. Hospice benefits. I. Period of Bereavement. A period beginning on the date of death of the terminally ill or hospice patient and ending six (6) months after. 2. Terminallv III Patient. A Participant with a life expectancy of six (6) months or less as certified in writing by the attending Physician. a. In order to be eligible for this hospice benefit, the terminally ill patient must be confined in a Hospital for at least three (3) days in connection with the terminal illness immediately prior to participating in a hospice program. The hospice benefit pays Usual, Customary and Reasonable Charges, provided such charges are incurred during the period of participation in the Plan or a Period of Bereavement. Covered Medical Expenses must be incurred for services provided for the family unit of the Participant under the Hospice program of care that are rendered by a Hospice Care Agency or other facility on behalf of the Hospice Care Agency. b. Covered Hospice Expenses include: (I) Inpatient hospice care; (2) Physicians' services; (3) Bereavement counseling (4) Home Health Care services, including; · Part-time nursing care rendered in the Participant's home; · Physician's visits to the Participant's home; · Physical therapy provided in the Participant's home · The use of medical equipment; · The rental of wheelchairs and Hospital type beds; · Emotional support services of a Physician or social worker; · Drugs and medication; and · Homemaker services. Mammograms. Routine mammograms with or without a Physician's prescription, if the mammogram is obtained in an office, facility or other health testing service that uses radiological equipment registered with the Department of Health and Human Services for breast cancer screening, limited to the following: · One baseline mammogram for each individual from age 35 through 39; 20 · One routine mammogram every 2 years for each individual from age 40 through 49 (more frequent mammograms will be covered when recommended and prescribed by a physician); . One routine mammogram per calendar year for each individual age 50 and over. 0,,';:,'" ;,' . " ~ Infertility Testing. Covered charges are limited to those diagnostic procedures and related expenses (including x-ray and laboratory examinations) performed solely to determine the cause of the infertility. Nursing Care. I. Registered Nurse (RN); I. Licensed Practical Nurse (LPN); and 2. Advanced Registered Nurse Practitioner (ARNP). Prescription Drugs as provided by the Pharmacy Benefit Manager. Other Eligible Medical Expenses. I. Local professional ambulance service for necessary transportation due to an accident or life threatening emergency or for treatment which cannot be performed at the Hospital in which the patient is confined. Air ambulance, if determined to be Medically Necessary, to the nearest facility where care can be provided; 2. Biofeedback if the services are provided by a Physician for a Medically Necessary covered condition; 3. Medically Necessary charges for Gastric Bypass Surgery: Before proceeding with a gastric procedure, the Participant shall be actively engaged in a disease management program for obesity for a minimum of six (6) months. This program should be supervised by a Physician and include nutrition and exercise, including dietitian consultation, low calorie diet, increase physical activity and behavioral modification. This program must be documented in a medical record including: a. Regular monthly Physician visits; b. Participation in nutrition and exercise program that is supervised by a Physician working in cooperation with dietitians and/or nutritionists; c. Healthy activity with supervised exercise three (3) to five (5) times a week; d. Participation in a nutrition and exercise program must occur within the two (2) years prior to Surgery. If the Participant fails to achieve a 10% reduction in BMI, he/she may be eligible for the Gastric Bypass Surgery ifBMI >35 with co-morbidities or BMI >40; 4. Surgical Preparation: a. The Participant must enter a dcdicated bariatric program with dietary/nutrition and psychological/psychiatric preoperative evaluation; b. The program must address long-term lifestyle management; c. The need for the Surgery must be documented by a Physician other than 21 the surgeon for the bariatric procedure; d. Weight loss dietary and cxercise program must occur for a minimum of six (6) months or longer, must be within the two (2) years prior to Surgery and must be documented in a medical record, not a summary letter from the Physician; e. Morbid Obesity must have existed for five (5) years prior to surgical consideration as documented by Physician records; 5. Allergy injections and allergy surveys; 6. Necessary Durable Medical Equipment (see Section 5 - Requirements for Pre- Certification) rental, up to the amount of purchase of such equipment. Repairs are covered if deemed to be more cost effective than a new purchase. 7. Wellness Care as described in Section 7; 8. Transplants are reviewed with regard to Medical Necessity, the facility's recommendations and Physician documentation; Any services and supplies tbat are required for donor/procurement as a result of a surgical transplant procedure for a Participant will be provided up to tbe maximum limitation listed in tbe Scbedule of Benefits. Tbis limitation applies to all donor/procurement cbarges. Benefits for such charges, services and supplies are not provided under this provision if benefits are provided under another group plan or any other group or individual contract or any arrangement of coverage for individuals in a group (whether an insured or uninsured basis), including any prepayment coverage; 9. Confinement in a rehabilitation facility up to the number of days detailed in the Schedule of Benefits. Confinement in the facility must follow within forty-eight (48) hours of and be for the same or related cause(s) of a period of Hospital or Extended Care Facility confinement; 10. Pain management for chronic pain must be Medically Necessary and rendered by a covered Physician. Pain is chronic if it has occurred recurrently over months or years or persists longer than expected following an illness or Injury. Typically, pain is not considered chronic until it has persisted for three (3)-six (6) months or more. Multiple disciplinary pain management assessment and the submission of a treatment plan following the initial evaluation by a pain Physician will be required for pain management services; and II. Medically Necessary Care and treatment. o 22 Section 7 - Routine Well Care o Well Child Care Should your Eligible Dependent Child incur any of the following routine health services, the deductible will be waived and the regular Co-payment percentage of the Plan will be paid. Frequency of routine child care examinations. Benefits, except for immunizations, are limited to one visit payable to one provider for all specified services at approximately the age intervals listed below: Birth 2 months 4 months 6 months 9 months 12 months 15 months 18 months 2 years 3 years 4 years 5 years 6 years 8 years 10 years 12 years Covered Services. Covered routine Physician and Laboratory services are limited to the following: I. History, 2. Physical exam, 3. Anticipatory guidance, 4. Immunizations, including the heptavax vaccine, will be covered regardless of when the immunization is administered, and 5. Laboratory tests deemed appropriate by the examining physician during the course of a routine physical exam. Well Adult Care Routine Well Care* (age 18 and over) I. Limited to a maximum payable of $400 per year for Covered Services (see below) every 24 months under age 40. 2. Limited to a maximum payable of $400 per year for Covered Services (see below) every 12 months age 40 and over. "Must have a routine diagnosis to be covered under Well Care. Maximum payable of$4oo is not subject to the Deductible or the regular Co-payment percentage ofthe Plan. 23 o Covered Services. Covered routine Physician and Laboratory services are lim ited to the following: I. Physical Exam 2. Laboratory tests and x-rays deemed appropriate by the examining physician during the course of a routine physical examination 3. I mm un izations 4. Gynecological Exam (including pap smear and related lab fees) 5. Mammograms (refer 24 Section 8 - Medical Exclusions e~ "?,.;; ,., "'l + Exclusions and Limitations. The following services or charge shall .!!!!!J!.!: considered Covercd Medical Expenses under the Plan in any event: I. Charges relating to any Pre-Existing Condition, pursuant to the provisions set forth in Section 3; 2. Transportation charges other than by a professional ambulance service; 3. Services or supplies which constitute personal comfort or beautification items, television or telephone use, or in connection with Custodial Care, education or training or expenses actually incurred by other persons except specifically addressed under Covered Medical Expenses; 4. Services needed due to war or any act of war, whether declared or undeclared; 5. Services rendered resulting from or occurring during the commission of a crime or while engaged in an illegal act. Exclusion will not apply to Injuries and/or Illnesses sustained due to a medical condition (physical or mental) or domestic violence; 6. Charges for services incurred outside the continental United States unless charges were incurred while traveling on business or for pleasure, or in the case of a full time student, while traveling abroad; 7. Services rendered which are eligible for payment or coverage by any other plan that does not provide coordination of benefits. This Plan pays secondary to such other plan; 8. Services, care, treatment, and referrals rendered by the Participant's family including, but not limited to, mother, father, grandmother, grandfather, aunt, uncle, cousin, brother, sister, son, daughter, grandson, granddaughter, or any person who resides with the Participant; 9. Services rendered for treatment of any Sickness or Injury for which benefits are available under the workers' compensation employer liability law or services for any Occupational Sickness or Injury. Occupational Sickness or Injury includes those as a result of any work for wage or profit; 10. Charges for completion of claim forms; I I. Charges billed by both Physician and Hospital for the same service (except for charges for Anesthesia which shall be paid to the Hospital and to the Physician based upon Usual, Customary, and Reasonable Charges); 12. Expenses in excess of the Usual, Customary, and Reasonable Charges; 13. Education classes, including charges for natural childbirth instruction; 14. Services performed for cosmetic or reconstructive Surgery or complications of cosmetic or reconstructive Surgery procedures unless: a. The condition is necessary as the result of Accident or Sickness; b. Scar revision due to Accident or Sickness; c. Corrections or congenital defects which interferes with bodily function; d. The services are performed during the period of a Participant IS participating under the Plan; and e. The services are for reconstruction of the breast on which a mastectomy 25 was performed, Surgery and reconstruction of the other breast to achieve symmetry in appearance and necessary prosthesis or physical complications at any stage of mastectomy, including Iymphedemas. These procedures shall be performed in a manner determ ined in consultation with the patient and the patient's attending Physician. 15. Any related expenses for a procedure not covered by the Plan; 16. Charges which are payable by any third party due to legal liability including, but not limited to, professional liability insurance, motor vehicle liability insurance, individual liability insurance, any other source form which medical benefits would be paid of this Plan did not exist, whether or not legal action is taken on behalf of the Participant; 17. Charges which the Participant would not be required to pay if he did not have group health coverage; 18. Charges to the extent of coverage required by, or available through, any federal, state, municipal or other governmental body or agency, except for medical assistance under a state plan for medical assistance approved under Title XIX of the Social Security Act ("Medicaid"); 19. Experimentalllnvestigative drugs, chemicals, services or procedures; 20. Services provided by an entity not defined as an eligible Provider; 2]. Sexual conversion Surgery, sexual dysfunction, or other services related to gender reassignment or disturbance of gender identification; 22. Music therapy, vision therapy or remedial reading therapy or treatment for learning disabilities; 23. Exercise equipment including bicycles, weights, ergometers, or other equipment not generally considered Durable Medical Equipment; 24. Charges and services related to a newborn who is not a participating Dependent; 25. Sterilization expenses for Eligible Dependent Children; 26. Sterilization reversals; 27. With respect to diagnostic testing: a. Tests performed more frequently than is necessary according to the diagnosis and accepted medical practice; b. Genetic testing unless family history necessitates; c. Premarital examination; d. Duplicate testing by different Physicians unless a Second Opinion is authorized herein and; e. Tests associated with routine visits except those covered under the Wellness benefit provision. 28. With respect to consultations: a. Telephone only consultations; b. Consultants for ineligible or unnecessary procedures; and c. Services rendered by practitioners other than Physicians; 29. With respect to infertility: a. Invitro or invivo fertilization, artificial insemination, or any other impregnation procedure; b. Fertility drugs; c. Any treatment other than that which treats a medical condition; o 26 d. Diagnostic tests unless necessary to diagnose a medical condition or performed solely to determine the cause of the infertility; and e. Fertility supplies, treatment or counseling; 30. With respect to Hospital services: a. Room and Board Charges made by a facility other than a Hospital or Extended Care Facility; b. Admission for observation, rest, physical therapy, or testing; c. Weekend admissions except for Medical Emergencies; d. Charges for any period of confinement prior to the day before scheduled Surgery unless a documented hazardous medical condition exists; and e. Charges deemed not Medically Necessary by the Utilization Review Service and/or Claims Administrator; 31. Transplant expenses incurred for donor procurement to the extent exceeding the limits set forth in the Schedule of Benefits and Covered Medical Expenses; 32. Visual acuity testing, visual correction other than cataract removal, by any means, including radial keratotomy, lasik Surgery and other Surgeries, exercise, eyeglasses, contact lenses, or orthoptic training; 33. Replacement of prosthetic devices, except when required because of growth or other physiologic change or a change in the Participant's condition; 34. Penile implants and/or any related expenses unless having organic origin; 35. Arch supports and orthopedic shoes (except those forming an integral part of a corrective brace); 36. Orthotics, unless deemed Medically Necessary by the Claims Administrator, orthopedic shoes or other supportive devices for the feet; 37. Care and treatment (excluding Medically Necessary Gastric Bypass Surgery) of any type of obesity, including Morbid Obesity, weight loss programs, exercise programs, medications and/or dietary consultations. This exclusion is applicable whether or not it is solely for the treatment of obesity or if a part of the treatment for another Sickness. Counseling services necessary related to eating disorders (ex. anorexia, bulimia) will be provided as detailed under the mental/nervous benefits; 38. Smoking cessation and any related services including nicorettes, patches (Nicoderm/Habitrol, etc.)' 39. Hearing aids, implants, routine hearing testing or services necessary due to degenerative hearing loss not specifically caused by Sickness, congenital defect or trauma; 40. Acupuncture, hypnotherapy; 41. Medical care claims filed more than fifteen (15) months from the date of service; 42. For any prescriptions covered under the drug card program; 43. Services due to intentional self-inflicted Injuries unless due to a medical condition (either physical or mental or domestic violence); 44. Care and treatment that is deemed not Medically Necessary; 45. Marital and family counseling; 46. Surrogate parenting; 47. Taxes, postage, shipping and handling; 48. For removal of excess skin unless Medically Necessary. 6 27 Section 9 - Coordination of Benefits 0.."".' .. .>'~ ,) :.)... Because the sole purpose of health care coverage is to help meet actual medical expenses, nearly all group health plans contain a "coordination of benefits" requirement. Coordination of Benefits applies to any situation in which you (or any of your Eligible Dependents) are also eligible for coverage under any other health plan. It means that you and/or your Eligible Dependents covered under the Plan and any other health plan could be reimbursed up to 100% of your covered expenses. In the interest of controlling costs, no one can be permitted to profit from an illness or Accident. Therefore, under no circumstances will you be reimbursed for more than the total amount of the expenses you actually incurred. If you are covered by more than one plan of health benefits, one of the plans is considered to be "primary" and pays for your covered expenses up to the limits of its benefits. The other plans are considered "secondary" and pay the remaining covered expenses you may have, up to the limits of their benefits. If a Participant is covered by two (2) eligible plans (one (I) of which is this Plan) and both plans have a provision for coordination of benefits, the amount each plan pays and the order of payment of benefits will be as follows: I. The plan covering the Participant as an Employee is the primary plan; 2. The plan covering the Participant as a Dependent is the secondary plan; 3. If the parents of a participating dependent Child are not divorced and the dependent Child is covered under both plans as a Dependent, the primary plan will be the one which covers the individual as a Dependent of the parent whose birthday falls earlier in the Calendar Year, irrespective of the year of birth; 4. If the parents of a participating dependent Child are divorced and the parent having custody of the dependent Child has not remarried, the benefit plan of the parent having Child custody shall be considered as the primary plan; 5. If the parents of a participating dependent Child are divorced and the parent having custody of the dependent Child has remarried: a. The plan covering the dependent Child of the parent with custody shall be primary; b. Then the plan covering the Child as a Dependent of a Spouse of the parent with custody shall be secondary; c. Third, the plan of the parent without custody shall apply. 6. Notwithstanding Numbers 4 & 5 of this Section, if there is a Qualified Medical Child Support Order which establishes the financial responsibility of a parent for health care expenses for the Child, that parent's plan shall be considered as the primary plan; 7. If joint custody does not establish responsibility for health care of a participating dependent Child, the primary plan will be the one (I) which covers the dependent 28 Child as a Dependent of the parent whose birthday falls earlier in the Calendar Year, irrespective of the year of birth; 8. Except as provided in Numbers 3 through 7 of this Section, the plan which covers a person as an Employee who is neither laid off nor retired, or as that Employee's Dependent, are determined before those of a plan which covers that person as a laid off or Retired Employee or as that Employee's Dependent. If the other plan does not have this rule, and if, as a result, the plans do not agree on the order of benefits, this rule is ignored; 9. If Numbers I through 8 of this Section does not apply, the plan which has covered the individual for the longest period of time will be considered as the primary plan; 10. Notwithstanding any provision herein to the contrary except Number 6 of this Section, in the event coverage by a plan does not provide for the coordination of benefits, that plan will be considered the primary plan, and this Plan is considered the secondary plan; and II. Auto coverage required by a motor vehicle accident reparations act (no fault auto plan) or similar law will be considered primary. e", .-,~' . - - io" , :J.- Payment of Benefits. If this Plan is primary, it will pay benefits as outlined. If this Plan is secondary, benefits will be calculated per the Plan's provisions after receipt of the primary payor's explanation of benefits. Right to Receive and Release Necessary Information. For the purpose of determining the applicability of and implementation of these provisions under the Plan, the Claims Administrator may, without notice to or consent from you, release to or obtain from another insurer or organization any infonnation deemed to be necessary for the purpose of coordinating benefits. Any individual claiming benefits under the Plan must furnish to the Claims Administrator such information regarding other coverage which may be applicable as may be necessary to properly adjust the claim. Facility of Payment. Whenever payments which should have been made under the Plan in accordance with the Coordination of Benefits provisions have been made under any other plans, the Plan Administrator shall have the right to pay over to any organization making such other payments any amounts it shall detennine to be warranted in order to satis/)' the intent of these provisions and amounts so paid shall be deemed to be benefits paid under this Plan and, to the extent of such payments, the Plan Administrator shall be fully discharged from liability under this Plan. Right to Recovery. Whenever payments have been made by the Claims Administrator with respect to Covered Medical Expenses in a total amount, at any time, in excess of the maximum amount of payment necessary to satisfy the intent of these provisions, the Plan Administrator shall have the right to recover such payments, to the extent of such excess, from one or more of the fOllowing: I. an individual to or for or with respect to whom such payments were made; or 2. an insurance company; or 3. any other organization. 29 Section 10 - How to File a Claim e Claims Processing Procedures. This section describes in detail what to do in order to receive benefits under this Plan. The Employee should contact the Employee Benefits Office for additional information. Claims should be mailed to the address indicated on the back of the Employee's identification card(s). Filing Claims. A Participant must file a written claim for benefits under the Plan with the Claims Administrator no later than fifteen (15) months from the date of service. The written claim shall be made on such formes) as may be prescribed from time to time by the Claims Administrator and shall include such information as requested on the claim form. Review Procedures. If a Participant is notified of an adverse benefit determination, the Participant or his or her authorized representative may make a written request for review of the determination by submitting such request to the Claims Administrator, c/o Acordia National, P. O. Box 366, Charleston, WV 25322, within 180 days after notification of the adverse benefit determination, except in the case of any reduction or termination of a course of treatment (other than by Plan amendment) before the end of the previously approved period or number of treatments, the Claims Administrator will provide the Participant sufficient advance notice of the reduction or termination to allow the Participant to appeal and obtain a determination before the benefit is reduced or terminated (which period is not required to be 180 days). A Participant's written request for review will be forwarded by the Claims Administrator to the Plan Administrator for a full and fair review. The Participant will be provided the opportunity to submit written comments, documents, records and other information relating to the claim for benefits. The Participant will also be provided, upon request and free of charge, reasonable access to, and copies of, all documents, records, and other information relevant to the Participant's claim for benefits. The Plan Administrator will conduct its review without deference to the initial benefit determination and taking into account all comments, documents, records and other information submitted by the Participant relating to the claim, without regard to whether such information was submitted or considered in the initial benefit determination. In deciding an appeal of any adverse benefit determination that is based in whole or in part on a medical judgment, including determinations with regard to whether a particular treatment, drug, or other item is experimental, investigational, or not Medically Necessary or appropriate, the Plan Administrator will consult with a health care professional who has appropriate training and experience in the field of medicine involved in the medical judgment and who is neither an individual who was consulted in connection with the adverse benefit determination that is the subject of the appeal nor a subordinate of such individual. The Plan Administrator will also provide for the identification of medical or vocational 30 experts whose advice was obtained on behalf of the Plan in connection with a Participant's adverse benefit determination, without regard to whether the advice was relied upon in making the benefit determination. e....... " . ~ ~' :.J-. In the case of a claim involving urgent care, the Plan Administrator will provide for an expedited review process pursuant to which a request for an expedited appeal of an adverse benefit determination may be submitted orally or in writing by the Participant and all necessary information, including the Plan's benefit determination on review, will be transmitted between the Plan and the Participant by telephone, facsimile, or other available similarly expeditious method. Notification of Benefit Determination on Review. The Claims Administrator will provide a Participant with written notification of the Plan's benefit determination on review. In the case of an adverse benefit determination, the notification will set forth the following: I. Specific reason(s) for the adverse determination; 2. Reference to the specific Plan provisions on which the benefit determination is based; 3. A statement that the Participant is entitled to receive, upon request and free of charge, reasonable access to, and copies of, all documents, records and other information relevant to the Participant's claim for benefits; 4. A statement describing voluntary appeal procedures offered by the Plan. If you have any questions about these claims or review procedures, please contact the Employee Benefits Office. 31 Section 11 - Subrogation, Reimbursement, and Equitable lien e' ,v.~ fj . .~ If you or your Eligible Dependents or anyone who receives benefits under the Plan is injured and entitled to receive money from any source, including but not limited to any party's liability insurance and uninsured/underinsured motorist proceeds, then the benefits provided or to be provided by the Plan are secondary, not primary, and will be paid only if the Covered Person fully Cooperates with the terms and conditions of the Plan. Subrogation. As a condition of participation in the Plan, you and your Eligible Dependents automatically assign to the Plan any rights you may have to recover all or part of any payments made by the Plan from any other party, including an insurer or another group health plan. Therefore, the Plan Administrator may act as your substitute in the event of any payment made by the Plan for medical benefits, including any payment for a pre-existing condition, is or becomes the responsibility of another party. Such payments shall be referred to as "Reimbursable Payments." The Plan Administrator shall be subrogated to all your rights of recovery, or any individual who received a payment of funds on your behalf, against any insurance carrier(s) or any third party. All rights of recovery will be limited to the amount of any payments made under the Plan. This assignment allows the Plan to pursue any claim that you may have, whether or not you choose to pursue that claim. If you claim benefits under the Plan, you shall execute and deliver such documents as may be required, and do whatever else is necessary, to secure such rights to the Plan. If Subrogation conflicts with the laws of the State or govemingjurisdiction, it shall not be enforced, and the Right of Reimbursement will apply. Rigbt of Reimbursement. If you or your dependent has received benefit payments from the Plan for Injury, Accident, or Sickness, and subsequently obtain a settlement from or a judgment (or any similar arrangement) against a third party payer who, because of circumstances, is liable for the health care costs, you are obligated to reimburse the Plan. The amount of reimbursement shall be equal to the benefit payments received under the Plan or the amount recovered, whichever is less. This right of reimbursement applies on a first-dollar basis (i.e., has priority over other rights), applies whether the funds paid to (or for the benefit of) the Covered Person constitute a full or a partial recovery, and applies not only to funds paid for medical charges, but also to any other amounts paid by such third party, whether by an insurer or otherwise, whether pursuant to judgment, settlement or otherwise, and shall include all amounts paid by such third party, including but not limited to, costs of collection, attorney fees, amounts designated for paid and suffering, and other damages. 32 o If you or your dcpendent retains an attorney, then you or your dependent agrces to only retain one who will not assert the Common Fund or Made-Whole Doctrines. Rcimbursement shall bc made immcdiatcly upon collection of any sum(s) received regardless of its legal, financial or other sufficiency. If the injured person is a minor, any amount recovered by the minor, the minor's trustee, guardian, parent, or other representative, shall be subject to this provision regardless of state law and/or whether the minor's representative has access or control of any recovery funds. Equitable Lien. The Plan shall have an equitable lien against any rights the Covered Person may have to recover any payments made by the Plan from any other party, including an insurer or another group health plan. Recovery shall be limited to the amount of Reimbursable Payments made by the Plan. The equitable lien also attaches to any right to payment for workers' compensation, whether by judgment or settlement, where the Plan has paid expenses otherwise eligible as Covered Medical Expenses prior to a determination that the Covered Medical Expenses arose out of and in the course of employment. Payment by workers compensation insurers or the employer will be deemed to mean that such a determination has been made. This equitable lien shall also attach to the first right of recovery to any money or property that is obtained by anybody (including, but not limited to, the Covered Person, the Covered Person's attorney, and/or trust) as a result of an exercise of the Covered Person's right of recovery. The Plan shall also be entitled to seek any other equitable remedy against any party possessing or controlling such monies or properties. At the discretion of the Plan Administrator, the Plan may reduce any future Covered Medical Expenses otherwise available to the Covered Person under the Plan by an amount up to the total amount of Reimbursable Payments made by the Plan that is subject to the equitable lien. General Provisions. The following provisions shall apply to the Plan's right of subrogation, reimbursement and creation of an equitable lien: The subrogation, reimbursement, and equitable lien rights apply to any benefits paid by the Plan on behalf of the Covered Person as a result of the injuries sustained, including but not limited to: I. Any no-fault insurance; 2. Medical benefits coverage under any automobile liability plan. This includes the Covered Person's plan or any third party's policy under which the Covered Person is entitled to benefits; 3. Under-insured and uninsured motorist coverage; 4. Any automobile Medical Payments and Personal Injury Protection benefits; and 5. Any third party's liability insurance. 33 I n addition: 6.~. :..,- .. l- 1. The Plan may make total payments that exceed the maximum amount to which the Covered Person is entitled at any time under the Plan. In the event of such payments the Plan shall have the right to recover the excess amount from any persons to, or for, or with respect to whom such excess payments were made. 2. The Plan provides that recovery of excess amounts may include a reduction from future benefit payments available to the Covered Person under the Plan of an amount up to the aggregate amount of Reimbursable Payments that have not been reimbursed to the Plan. 3. The provisions of the Plan concerning subrogation, reimbursement, equitable liens and other equitable remedies are also intended to supersede the applicability of the federal common law doctrines commonly referred to as the "make whole" rule and the "common fund" rule. 4. The reimbursement required under this provision will not be reduced to reflect any costs or attorneys' fees incurred in obtaining compensation unless separately agreed to, in writing, by the Plan Administrator in the exercise of its sole discretion. 5. The Employee or Covered Person agrees to sign any documents requested by the Plan including but not limited to reimbursement and/or subrogation agreements as the Plan or its agent(s) may request. Also, the Employee or Covered Person agrees to furnish any other information as may be requested by the Plan or its agent(s). Failure or refusal to execute such agreements or furnish information does not preclude the Plan from exercising its right to subrogation or obtaining full reim bursement. Any settlement or recovery received shall first be deemed for reimbursement of medical expenses paid by the Plan. Any excess after 100% reimbursement of the Plan may be divided up between the Employee or Covered Person and their attorney if applicable. The Employee or Covered Person agrees to take no action which in any way prejudices the rights of the Plan. 6. The Plan Administrator has sole discretion to interpret the terms of this provision in its entirety and reserves the right to make changes as it deems necessary. 7. !fthe Employee or Covered Person takes no action to recover money from any source, then the Employee or Covered Person agrees to allow the Plan to initiate its own direct action for reimbursement. 34 Section 12 -Continuation Coverage Rights e..c'.. ;.., +. ' COBRA Continuation Coverage. This Section contains important information about your right to COBRA continuation coverage, which is a temporary extension of coverage under the Plan. This Section generally explains COBRA continuation coverage, when it may become available to you and your family, and what you need to do to protect the right to receive it. The right to COBRA continuation coverage was created by a federal law, the Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA). COBRA continuation coverage can become available to you when you would otherwise lose your group health coverage. It can also become available to other members of your family who are covered under the Plan when they would otherwise lose their group health coverage. For additional information about your rights and obligations under the Plan and under federal law, you should contact the Employee Benefits Office. What is COBRA Continuation Coverage? COBRA continuation coverage is a continuation of Plan coverage when coverage would otherwise end because of a life event known as a "qualifying event." Specific qualifying events are listed later in this notice. After a quali1)dng event, COBRA continuation coverage must be offered to each person who is a "qualified beneficiary." You, your Eligible Dependent Children, Domestic Partner and your Spouse could become qualified beneficiaries if coverage under the Plan is lost because of the qualifying event. Under the Plan, qualified beneficiaries who elect COBRA continuation coverage must pay for COBRA continuation coverage. If you are an Employee, you will become a qualified beneficiary if you lose your coverage under the Plan because either one of the following qualifYing events happens: I. Your hours of employment are reduced, or 2. Your employment ends for any reason other than your gross misconduct. [fyou are the Spouse of an Employee, you will become a qualified beneficiary if you lose your coverage under the Plan because any of the following qualifying events happens: I. Your Spouse dies; 2. Your Spouse's hours of employment are reduced; 3. Your Spouse's employment ends for any reason other than his or her gross misconduct; 4. Your Spouse becomes entitled to Medicare benefits (under Part A, Part B, or both); or 5. You become divorced or legally separated trom your Spouse. 35 Your Eligible Dependent Children \\<;11 become qualified beneficiaries if they lose coverage under the Plan because any of the following qualifYing events happens: e.".,.,. ..,11': . , iri :j :,J,.-. I. The parent-Employee dies; 2. The parent-Employee's hours of employment are reduced; 3. The parent-Employee's employment ends for any reason other than his or her gross misconduct; 4, The parent-Employee becomes entitled to Medicare benefits (Part A, Part B, or both); 5, The parents become divorced or legally separated; or 6. The child stops being eligible for coverage under the plan as an "Eligible Dependent Child," Sometimes, filing a proceeding in bankruptcy under title 11 of the United States Code can be a QualifYing Event If a proceeding in bankruptcy is filed with respect to an Employer, and that bankruptcy results in the loss of coverage of any retired Employee covered under the Plan, the retired Employee will become a Qualified Beneficiary with respect to the bankruptcy, The retired Employee's Spouse, surviving Spouse, and Eligible Dependent Children will also become qualified beneficiaries if bankruptcy results in the loss of their coverage under the Plan, When is COBRA Coverage Available? The Plan will offer COBRA continuation coverage to qualified beneficiaries only after the Employee Benefits Office has been notified that a qualifying event has occurred. When the qualifYing event is the end of employment or reduction of hours of employment, death of the Employee, commencement of a proceeding in bankruptcy with respect to an Employer, or the Employee's becoming entitled to Medicare benefits (under Part A, Part B, or both), the Employer must notifY the Plan Administrator of the qualifYing event. Yon Mnst Give Notice of Some Qnalitying Events. For the other qualifYing events (divorce or legal separation of the Employee and Spouse or a child's losing eligibility for coverage as an Eligible Dependent Child), you must notifY the Employee Benefits Office within 60 days after the qualifying event occurs. You must provide this notice to the Employee Benefits Office by submitting a properly completed Notice of QualifYing Event form, How is COBRA Coverage Provided? Once the Employee Benefits Office receives notice that a qualifYing event has occurred, COBRA continuation coverage will be offered to each of the qualified beneficiaries, Each qualified beneficiary will have an independent right to elect COBRA continuation coverage, Covered Employees may elect COBRA continuation coverage on behalf of their Spouses, and parents may elect COBRA continuation coverage on behalf of their children. COBRA continuation coverage is a temporary continuation of coverage, When the qualifying event is the death of the Employee, the Employee's becoming entitled to 36 Medicare benefits (under Part A, Part B, or both), your divorce or legal separation, or a child's losing eligibility as an Eligible Dependent Child, COBRA continuation coverage lasts for up to a total of 36 months, When the qualifying event is the end of employment or reduction of the Employee's hours of employment, and the Employee became entitled to Medicare benefits less than 18 months before the qualifying event, COBRA continuation coverage for qualified beneficiaries other than the Employee lasts until 36 months after the date of Medicare entitlement For example, if a covered Employee becomes entitled to Medicare 8 months before the date on which his employment terminates, COBRA continuation coverage for his Spouse and Eligible Dependent Children can last up to 36 months after the date of Medicare entitlement, which is equal to 28 months after the date of the qualifying event (36 months minus 8 months), Otherwise, when the qualifying event is the end of employment or reduction of the Employee's hours of employment, COBRA continuation coverage generally lasts for only up to a total of 18 months, There are two ways in which this 18-month period of COBRA continuation coverage can be extended. - \U1 1. Disability extension of IS-month period of continuation coverage If you or anyone in your family covered under the Plan is determined by the Social Security Administration to be disabled and you notify the Employee Benefits Office in a timely fashion, you and your entire family may be entitled to receive up to an additional II months of COBRA continuation coverage, for a total maximum of 29 months. The disability would have to have started at some time before the 60th day of COBRA continuation coverage and must last at least until the end of the 18month period of continuation coverage. You will be required to provide the Employee Benefits Office with a copy of the Social Security Disability award you receive from the Social Security Administration. 2. Second qualifying event extension of IS-month period of continuation coverage If your family experiences another qualifying event while receiving 18 months of COBRA continuation coverage, your Spouse and Eligible Dependent Children can get up to 18 additional months of COBRA continuation coverage, for a maximum of 36 months, if notice of the second qualifying event is properly given to the Plan. This extension may be available to the Spouse and any Eligible Dependent Children receiving continuation coverage if the Employee or former Employee dies, becomes entitled to Medicare benefits (under Part A, Part B, or both), or gets divorced or legally separated, or if the Child stops being an Eligible Dependent Child, but only if the event would have caused the Spouse or Eligible Dependent Child to lose coverage under the Plan had the first qualifying event not occurred. Conversion Privileges. When you leave the Plan, or when continuation of coverage ends, any individual not eligible for Medicare may obtain a conversion policy on a direct pay basis, without evidence of insurability. This conversion privilege is also available to 37 your covered surviving dependents if you should die, and to a covered child whose benefits cease because s/he reaches the age limit or marries. Ask the Employee Benefits Office, for a health conversion application. e If you quality for conversion, you must apply for the individual policy within 31 days from the date that your coverage under the Plan ceases. Family and Medical Leave Act. Your coverage will be continued during an approved Family or Medical Leave. You will be required to make contributions to continue the coverage of your Eligible Dependents during such a leave. At the conclusion of such a leave, if you return to work, your coverage and your Eligible Dependents' coverage will be in force with no additional waiting period or preexisting condition limitation. If you do not return to work at the conclusion of such a leave and your employment is terminated, you will be eligible for continued coverage under this section ofthe Plan. You must provide the Employee Benefits Office, with the documentation of such a leave at the onset of such a leave. This will insure proper continuation of benefits. If you do not return to work following FMLA leave, you may be required to reimburse Monroe County for health insurance premiums paid to continue your health coverage during FMLA leave, unless you are unable to return to work due to a continuation, recurrence, or onset of a serious health condition that would entitle you to FMLA leave or other circumstances beyond your control. USERRA. Under the Uniformed Services Employment and Reemployment Rights Act of ] 994 ("USERRA"), you have the right to continue coverage under the Plan if you leave your job to perform qualifying military service. Those rights are similar to your COBRA rights described above, with the following exceptions: I. If eligible, your period of USERRA coverage can last for up to 24 months. 2. Your Eligible Dependents do not have an independent right to elect USERRA coverage. 3. Even if you do not elect to continue coverage during your period of military service, you have the right to be reinstated in the Plan when you are reemployed, generally without any waiting periods or exclusions (such as pre-existing condition exclusions) except for service-connected Illnesses or Injuries. You must provide the Employee Benefits Office, with the documentation of such a leave at the onset of such a leave. This will insure proper continuation of benefits. For more information on USERRA, contact VETS at 1-866-4-USA-DOL or VlsH its website at hllp:i/\\ 1\ 1\ dol QO\ frets. An interactive online USERRA Advisor can be viewed at http://dol.gov/elaws/userra.htm. 38 If You Have Questions. Questions concerning your Plan or your COBRA continuation coverage rights should be addressed to the contact or contacts identified below. For more information about your rights, including COBRA, the Health Insurance Portability and Accountability Act (HIPAA), and other laws affecting group health plans, contact the nearest Regional or District Office of the U.S. Department of Labor's Employee Benefits Security Administration (EBSA) in your area or visit the EBSA website at \\w\\dolgol/ebsa (Addresses and phone numbers of Regional and District EBSA Offices are available through EBSA's website.) . e Keep the Plan Informed of Address Changes. In order to protect your family's rights, you should keep the Employee Benefits Office informed of any changes in the addresses of any covered person. You should also keep a copy, for your records, of any notices you send to the Employee Benefits Office. Plan Contact Information. Employee Benefits Office 1100 Simonton Street, Room 2-268 Key West, FL 33040 (305) 292-4446 (Lower Keys) (305) 743-0079, ex!. 4446 (Middle Keys) (305) 852-1469, ex!. 4446 (Upper Keys) 39 e.""" ;.' :J., Section 13 - Qualified Medical Child Support Orders How Will the Plan administer a Qualified Medical Child Support Order (QMCSO)? The Plan will provide benefits as required by any Qualified Medical Child Support Order. A Qualified Medical Child Support Order (QMCSO) can be either: I. A Medical Child Support Order (MCSO) that satisfies the requirements of Section 609(a) of ERISA; or 2. A National Medical Support Notice (NMSN) that satisfies the requirements of Section 1908 of the Social Security Act. What are a Medical Child Support Order and a National Medical Support Notice? An MCSO is a judgment, decree or order (including a domestic relations settlement agreement) issued by a court of competent jurisdiction that provides for child support for the Participant's child, or directs the Participant to provide health coverage under a health plan in compliance with state domestic relations law (including community property law). A medical child support order may also be a judgment, decree or order issued by a court of competent jurisdiction that enforces medical child support as required by Section 1908 of the Social Security Act. An NMSN is a notice issued by a state or local government agency which is similar in form, content and legal effect to a court issued MCSO which directs a health plan to provide coverage for the dependent child of a non-custodial parent. The NMSN must be issued pursuant to a domestic relations order which requires provision of health care coverage for a dependent child. What is needed for a Medical Child Support Order (MCSO) or a National Medical Support Notice (NMSN) to be a Qualified Medical Cbild Support Order (QMCSO)? In order for an MCSO or NMSN to be a Qualified Medical Child Support Order, the order (or notice) must create or recognize an Alternate Recipient to receive coverage under the health plan. An Alternate Recipient is any child of a Participant who is recognized by an MCSO or NMSN (and specifically named in the order or notice) as having the right to enroll in the group health plan. In order to be qualified the MCSO or NMSN must also speciry: I. The name and last known address of the Participant; 2. The name and last known address of each Alternate Recipient; 3. A reasonable description of the type of coverage to be provided to each Alternate Recipient or the manner in which the type of coverage is to be determined; 4. The period of coverage; and 5. The name of the health plan. 40 An order (MCSO) or notice (NMSN) is not qualified ifit requires any type of benefit not otherwise available to the Participant. This does not apply if the type of coverage is required by Section 1908 of the Social Security Act. e..... .... . ~J , + . What steps must the Participant take when a Medical Child Support Order (MCSO) is received? The Participant must notilY the Employee Benefits Office within 30 days after receipt of an MCSO. The Participant must also complete any necessary forms and provide any reasonable information or assistance that the Employee Benefits Office requests in connection with the MCSO. What will the Employee Benefits Office do when it receives a Medical Child Support Order (MCSO) from the Participant or a National Medical Support Notice (NMSN) from a government agency? When the Employee Benefits Office receives an MCSO from a Participant or an NMSN from a government agency, the Employee Benefits Office will: I. NotilY the Participant and each Alternate Recipient, in writing, of the Plan's procedures for determining if the order or notice is a Qualified Medical Child Support Order; 2. Make a determination of the qualified status of the order or notice within a reasonable time; 3. NotilY the Participant and each Alternate Recipient, in writing, of the Plan's determination; and 4. If the notice is a NMSN, notify the applicable government agency of its determination within a reasonable period of time (not to exceed 40 business days). If the notice is an NMSN, the Employee Benefits Office will also notify the government agency that issued the notice: I. Whether or not coverage is available to the Alternate Recipient; 2. Whether or not the Alternate Recipient is enrolled; 3. What coverage options are available to the Alternate Recipient; 4. The effective date of coverage; and 5. What steps the custodial parent (or agency) must take to obtain coverage. When the Employee Benefits Office determines that the order or notice is a Qualified Medical Child Support Order (QMCSO), the Employee Benefits Office will determine the effective date of coverage and enroll each Alternate Recipient as required by the order and make any necessary deductions from the Participant's paychecks. 41 o Section 14 The Health Insurance Portability and Accountability Act (HIPAA) Use and Disclosure of Protected Health Information (PHI). The Plan will use protected health information (PHI) to the extent of and in accordance with the uses and disclosures permitted by the Health Insurance Portability and Accountability Act of 1996 (HIPAA). Specifically, the Plan will use and disclose PHI for purposes related to health care treatment, payment for health care and health care operations. The provisions of this Section 17 (and other provisions of the Plan relating to the HIPAA privacy rules) shall be effective on April 14, 2003, or such later date as may be provided by federal law or regulation. Payment includes activities undertaken by the Plan to obtain premiums or determine or fulfill its responsibility for coverage and provision of plan benefits which related to an individual to whom health care is provided. These activities include, but are not limited to, the following: I. Determination of eligibility, coverage and cost sharing amounts (for example. cost of a benefit, plan maximums and co-payments as determined for an individual's claim); 2. Adjudication of health benefit claims (including appeals and other payment disputes); 3. Subrogation of health benefit claims; 4. Establishing employee contributions; 5. Risk adjusting amounts due based on enrollee health status and demographic characteristics; 6. Billing, collection activities and related health care data processing; 7. Claims management and related health care data processing, including auditing payments, investigating and resolving payment disputes and responding to participant inquiries about payments; 8. Obtaining payment under a contract for reinsurance (including stop-loss and excess of loss insurance); 9. Medical necessity reviews or reviews of appropriateness of care or justification of charges; 10. Utilization review, including Preadmission Certification, preauthorization, concurrent review and retrospective review; II. Disclosure to consumer reporting agencies related to the collection of premiums or reimbursement (the following PHI may be disclosed for payment purposes: name and address, date of birth, Social Security number, payment history, account number and name and address of the provider and/or health plan); and 12. Reimbursement to the Plan. Health Care Operations include, but are not limited to, the following activities: 42 I. Quality assessment; 2. Population-based activities relating to improving health or reducing health care costs, protocol development, case management and care coordination, disease management, contacting health care providers and patients with information about treatment alternatives and related functions; 3. Rating provider and plan performance, including accreditation, certification, licensing or credentialing activities; 4. Underwriting, premium rating and other activities relating to the creation, renewal or replacement of a contract of health insurance or health benefits, and ceding, securing or placing a contract for reinsurance of risk relating to health care claims (including stop-loss insurance and excess of loss insurance); 5. Conducting or arranging for medical review, legal services and auditing functions, including fraud and abuse detection and compliance programs; 6. Business planning and development, such as conducting cost-management and planning-related analyses related to managing and operating the Plan, including formulary development and administration, development or improvements of payment methods or coverage policies; 7. Business management and general administrative activities of the Plan, including, but not limited to management activities relating to the implementation of and compliance with HIPAA's administrative simplification requirements; 8. Customer service, including the provision of data analyses for policyholders, plan sponsors or other customers; 9. Resolution of internal appeals; and 10. Due diligence in connection with the sale or transfer of assets to a potential successor in interest, if the potential Successor in interest is a "covered entity" under HIPAA or, fOllowing completion of the sale or transfer, will become a covered entity. 0."., ;...' -1.- The Plan May Use and Disclose PHI for Treatment, Payment and Operations, as Required by Law and as Permitted by Authorization oftbe Participant or Benefit. The Plan may, without the consent or authorization of the individual, use and disclose PHI for health care treatment, health care payment, and health care operations, and for such other uses or disclosures to the full extent permitted by regulations promulgated by the Secretary of Health and Human Services to implement HIPAA, subject to more stringent state privacy laws which do not contlict with HIPAA (if any). The Plan may also disclose PHI to such other persons and for such other purposes when authorized by the individual on a form and in a manner provided for in regulations promulgated by the Secretary of Health and Human Services to implement HIPAA. The Plan may also disclose summary health information to the BOCC or the Employer if requested by it for the purpose of obtaining bids from health plans for providing health insurance coverage, or lor modifying, amending or terminating the Plan. The Plan may also disclose information on whether the individual is participating in the group health plan, or is enrolled in or has disenrolled from a health insurance issuer or HMO offered by the Plan. 43 With Respect to PHI, the Plan Sponsor Agrees to Certain Conditions. The BaCC agrees to: A b I. Not use or further disclose PHI other than as permitted or required by the Plan document or as required by law; 2. Ensure that any agents, including a subcontractor, to whom BaCC provides PHI agrees to the same restrictions and conditions that apply to BaCC with respect to such PHI; 3. Not use or disclose PHI for employment-related actions and decisions unless authorized by an individual; 4. Not use or disclose PHI in connection with any other benefit or employee benefit plan of the BaCC unless authorized by an individual; 5. Make PHI available to an individual in accordance with HIPAA's access requirements; 6. Make PHI available for amendment and incorporate any amendments to PHI in accordance with HlPAA; 7. Make available the information required to provide an accounting of disclosures; 8. Make internal practices, books and records relating to the use and disclosure of PHI available to the HHS secretary for the purposes of determining the Plan's compliance with HlPAA; and 9. If feasible, return or destroy all PHI received that the BaCC still maintains in any form, and retain no copies of such PHI when no longer needed for the purpose for which disclosure was made (or if return or destruction is not feasible, limit further uses and disclosures to those purposes that make the return or destruction infeasible). 44 o Section 15 - General Provisions Administration. The Plan Administrator shall be in charge of and responsible for the operation and administration of the Plan. The Employer is responsible for forwarding your application, enrollment card and other required documentation to the Employee Benefits Office, for forwarding to the Claims Administrator. Funding. The Plan is funded by contributions from the Employers, the BOCC and you. Assignment. Benefits provided for by this Plan shall not be assignable, however, subject to the written direction of you or your Spouse, all or a portion of the benefits provided may be paid directly to the provider of service, but is not required that the service be rendered by any particular provider. Proof of Claims. The payment of any benefit in the Plan is subject to the provision that you are responsible to furnish proof of claim and releases as the Claims Administrator may reasonably require. Proof of claim must be given to the Claims Administrator not later than 15 months after the covered expense is incurred by you or your Eligible Dependents. If you fail to provide proof of claim within the time specified, you will not be entitled to payment of your Covered Medical Expenses unless your failure was due to circumstances beyond your control. Proof of Claim will consist of a completed claim form, an itemized bill or invoice from the provider of the service and any other documentation reasonably required by the Claims Administrator. Facility of Payment. If you or your Eligible Dependents, in the opinion of the Employee Benefits Office, are legally incapable of giving a valid receipt for any payment due you and no guardian has been appointed, the Employer may, at its option, make such payment to the individual who has, in the Employer's opinion, assumed the care and principal support of such person. If you or your Eligible Dependents should die before all amounts due and payable have been paid the Plan Administrator may, at its option, make such payment to the executor or administrator of the estate or to the surviving Spouse or to any other individual who is equitably entitled thereto. Any payment made by the Claims Administrator in accordance with these provisions shall fully discharge the Plan Administrator to the extent of such payments. NondiSCrimination. The Plan Administrator will act so as not to discriminate unfairly between individuals in similar situations at the time of the action. 45 Plan. The Plan document governs all of the Plan's provisions. All statements made by the Employer, Plan Administrator or Employee Benefits Office, or employees thereof, shall be deemed representations and not warranties. In the event a statement made by the Employer, Plan Adm inistrator, the Employee Benefits Office, or any employee thereof, confl icts with the terms of the Plan, the terms of the Plan shall control. 0..... l ..' ~ The Plan Administrator has the discretionary authority to make decisions regarding eligibility for benefits under the Plan and to construe and interpret the provisions of the Plan. Contributions. If contributions are payable monthly, any coverage becoming effective will be charged from the first day of the calendar month coinciding with or next following the date the coverage takes effect, and contributions for any coverage terminated will cease as of the last day of the month coinciding with, or next following the date coverage terminates. Clerical Error. Any clerical error (by the Employer, Plan Administrator or the Claims Administrator) in keeping pertinent records, or a delay in making any entry, will not invalidate coverage otherwise valid or continue coverage otherwise validly terminated or otherwise modify the Plan. An equitable adjustment may be made in the Plan Administrator's sole discretion when the error or delay is discovered. Misstatements. If any relevant fact as to coverage has been misstated, an equitable adjustment will be made. If the misstatement affects the existence or amount of coverage, the true facts will be used in determining whether coverage is in force under this Plan and its amount. Severability. In the event that any provision of the Plan shall be held to be illegal or invalid for any reason by a court of competent jurisdiction, such illegality or invalidity shall not affect the remaining provisions of the Plan and the Plan shall be construed and enforced as if such illegal or invalid provision had never been contained in the Plan. Protection against Creditors. To the extent permitted by law and except as otherwise provided in this Section, no benefit payment under the Plan shall be subject in any way to alienation, sale, transfer, assignment, pledge, attachment, garnishment, execution or encumbrance of any kind, and any attempt to accomplish the same shall be void. No Employment Contract. Nothing in the Plan shall confer any rights of continued employment to any employee of the Employer or in any way alter an employee's status as a terminable, at-will employee of the Employer. Furthermore, the Plan does not constitute a contract of employment. No Vesting. The benefits provided under the Plan to Covered Persons are neither guaranteed nor vested benefits. 46 Recovery of Benefit Overpayment. If any Plan benefit paid to or on behalf of a Covered Person should not have been paid or should have been paid in a lesser amount, and the Covered Person (or legal representative ofa minor or incompetent) fails to repay the amount promptly, the overpayment may be received by the Plan from any monies then payable, or which may become payable, in the form of salary or benefits payable under any of the BOCC's or Employer's sponsored benefit plans or programs including the Plan, The Plan Administrator may also reduce future benefit payments on behalf of you or your Eligible Dependents until the amount of the overpayment has been fully offset. The Plan Administrator also reserves the right to recover any such overpayments by appropriate legal action. 0....'.. ,1.' ;i :.j... Headings. The headings of the Plan are for reference only and shall not determine the interpretation or construction of the Plan. Multiple Counterparts. The Plan may be executed in multiple counterparts, each of which will have the same force and effect. Applicable Law. The Plan shall be construed and administered in accordance with the laws of the State of Florida. Liability of Directors, Officers, and Employees. To the extent permitted by law, no director, officer, or employee of the Employer or Plan Administrator shall incur any personal liability of any nature for any act done or omitted to be done in good faith in connection with his duties relative to the Plan, except in cases of diShonesty, gross negligence or willful misconduct. Such directors, officers and employees of the Employer or Plan Administrator shall be indemnified and held harmless by the Employer or Plan Administrator from and against any liability, including reasonable attorneys' fees, to which any of them may be subjected by reason of any such good faith act or conduct in their director, officer, or employee capacity. Any indemnification payments made by reason of this provision shall not be made from the assets of the Plan nor any Trust established in connection with the Plan. Medicare. Almost all individuals age 65 or over and certain individuals who are totally disabled or have permanent kidney failure can participate in Medicare by enrolling at any Social Security office. If you have earned the required number of quarters for Social Security benefits within the required time frame, you are entitled to Medicare Part A at no cost. Medicare Part B is optional. You may purchase Part B, paying the full cost. Active EmDlovees and their DeDendents: If you are an active employee age 65 or over, Federal law requires that you receive the same benefits as individuals under age 65, if you elect this option. The Federal law also requires that if you are an active employee, regardless of your age, and your spouse is 65 or over, your spouse must be offered the same benefits offered to active individuals, if your spouse elects this option. 47 Retirees over age 65. End Stage Renal Disease and/or Total Disabilitv: The benefits of this Plan will be coordinated with Medicare if: o I. You are an active employee and you or your Eligible Dependent is entitled to receive Medicare benefits by reason of permanent kidney failure (end stage renal disease); or 2. You are a retired employee under age 65 and you or your Eligible Dependent is entitled to receive Medicare benefits by reason of total disability or permanent kidney failure (end stage renal disease); or 3. You are a retired employee age 65 or over; or 4. You are the dependent spouse or domestic partner of a retired employee who is age 65 or over. This will apply whether or not you (or your Eligible Dependent) are actually enrolled in Medicare Part A and Part B. If you fall into one of the categories listed above (1 through 4) and you elect to not pay for Medicare Part D, benefits under this Plan will be paid as if you had elected to purchase Medicare Part D and this Plan will not pay for benefits which would have been payable nnder Medicare Part D. Change or Discontinuance of Benefits. The Employer or Plan Administrator may at any time change or discontinue the benefits provided in the Plan, but no change or discontinuance may affect in any way the amount or the terms of any benefits payable under the Plan prior to the date of such change or discontinuance. However, any change, increase or decrease, will be subject to the Active Work requirement for a Participant and the non-confinement rule for an Eligible Dependent. Newborns' and Mothers' Health Protection Act. The Plan may not, under Federal law, restrict benefits for any hospital length of stay in connection with childbirth for the mother or newborn child to less than 48 hours following a vaginal delivery, or less than 96 hours following a cesarean section. However, federal law generally does not prohibit the mother's or newborn's attending provider, after consulting with the mother, from discharging the mother or her newborn earlier than 48 hours (or 96 hours as applicable). In any case, the Plan may not, under Federal law, require that a provider obtain authorization from the Plan for prescribing a length of stay not in excess of 48 hours (or 96 hours). Notification of Plan Changes, The Employee Benefits Office will provide a written notice to all active employees and retirees no less than two (2) weeks prior to the scheduled BOCC meeting when proposed changes to the Employee Health Plan will be presented. 48 Section 16 - - Definitions 0'..... ;J . :J,... Accident. Accident and Accidental means an unforeseen or unexplained sudden occurrence by chance, without intent or volition. Actively at Work. Active Work and Actively at Work means active full-time performance by a Participant of all customary duties of his or her occupation at the Employer or another location of business to which the Employer requires the Participant to travel. A Participant shall be deemed "Actively at Work" on each day of regular paid vacation, and on a regular nonworking day on which slhe is not disabled, provided slhe was actively at work on the last preceding working day. Alcoholism Treatment Facility. An institution that mainly provides a program for diagnosis, evaluation and effective treatment of alcoholism. It must make charges and meet applicable licensing standards. It prepares and maintains a written treatment plan on each patient based on medical, psychological and social needs which must be supervised by a Physician. The institution must provide the following twenty-four (24) hours a day: I. Detoxification services; 2. Infirmary level medical services required for the treatment of any Sickness or Injury manifested during the treatment period, whether or not related to the alcoholism and arrangement of Hospital level medical services, if needed; 3. Supervision by a staff of Physicians; and 4. Skilled nursing care by licensed nurses who are supervised by Registered Graduate Nurse. Ambulatory Surgical Facility. A specialized facility which is established, equipped, operated, and staffed primarily for the purpose of performing Surgery and which fully meets one (I) of the following two (2) tests: I. It is licensed as an Ambulatory Surgical Facility by the regulatory authority having responsibility for the licensing of such facilities under the laws of the jurisdiction in which it is located; and 2. Where licensing is not required, it meets all of the following requirements: a. It is operated under the supervision of a Physician who is devoting full time to supervision and permits Surgery to be performed only by a duly qualified Physician who, at the time the Surgery is performed only by a duly qualified Physician who, at the time the Surgery is performed, is privileged to perform the Surgery in at least one (I) Hospital in the area; b. It requires in all cases, except those requiring only local infiltration Anesthesia, that a licensed anesthesiologist administer the Anesthesia or supervise an anesthetist who is administering the Anesthesia and that the anesthesiologist or anesthetist remain present throughout the Surgery; 49 c. It provides at least one (I) operating room and at least one (I) post- Anesthesia recovery room; d. It is equipped to perform diagnostic X-ray and laboratory examination or has an arrangement to obtain these services; e. It has trained personnel and necessary equipment to handle emergency situations; f. It has immediate access to a blood bank or blood supplies; g. It provides the full-time services of one (I) or more Registered Graduate Nurses for patient care in the operating room and in the post-Anesthesia recovery room; and h. It maintains an adequate medical record for each patient, the record contains an admitting diagnosis including, for all patients except those undergoing a procedure under local Anesthesia, a preoperative exam ination report, medical history and laboratory tests and/or X -rays, an operative report and a discharge summary. e Ancillary Charge. A charge for services and supplies required for the care and treatment of Sickness and Injury, other than Room and Board Charges, fees for professional services, or charges for nursing care or personal items such as television, telephone, laundry, barber or beauty services, etc. Anesthesia. I. Local - The condition produced by the administration of specific agents to achieve the loss of conscious pain response in a specific location or area of the body. 2. General - The condition produced by the administration of specific agents to render the patient completely unconscious and completely without conscious pain response. Calendar Year. January I" through December 31 'to Case Manager. The Case Manager functions as a liaison between the contracted employer and the Keys Physician-Hospital Alliance membership on matters related to the insured's care and charges. Claims Administrator. The individual or entity that processes claims, precertifies benefits, provides certain financial services, provides reports and makes initial benefit determinations subject to the Plan. It does not fund or insure claim payments or bear any financial risk with regard to Plan expenses. Currently, the Claims Administrator is Acordia National, but the Plan has the discretion to change Claims Administator at any time. COBRA continuation coverage. Any of the following: (a) Part 6 of subtitle B of Title I of ERISA; (b) section 4980B of the Internal Revenue Code of 1986, other than 50 subsection (1)(1) of such section insofar as it relates to pediatric vaccines; (c) Title XXII of the Public Health Services Act. e Co-payment. The portion of a Provider's Usual, Customary and Reasonable Charge that is the Participant's financial responsibility, not including any Deductibles. Covered Medical Expenses. The Usual, Customary and Reasonable Charges incurred by or on behalf of a Participant for those covered expenses set forth in Sections 6 & 7, but only if such Usual, Customary and Reasonable Charges are incurred after the Participant commences participation in the Plan and only to the extent that the services or supplies provided to the Participant are recommended by a Physician for Medically Necessary care of any non-Occupational Sickness or Injury. Covered Person. A Participant or an Eligible Dependent. Covered Person also means a person having Plan coverage under the Plan's COBRA continuation coverage. Covered Service. An item, treatment, procedure, admission or medication that is Medically Necessary and appropriate for the diagnosis as set for in the Plan. Creditable Coverage. With respect to an individual coverage under any of the following: (a) a Group Health Plan; (b) Health Insurance Coverage; (c) Part A or Part B of the Title XV'" of the Social Security Act; (d) Title XIX of the Social Security Act, other than coverage consisting solely of benefits under Section 1928 of such Act; (e) Chapter 55 of Title 10, Unites States Code; (I) a medical care program of the Indian Health Service or of a tribal organization; (g) a state health benefits risk pool; (h) a health plan offered under Chapter 89 of Title 5, United States Code; (i) a public health plan, as defined in regulations issued under ERISA; U) a health benefit plan under Section 5 (d) of the Peace Corps Act (22 U.S.C. 2504(e)). The term Creditable Coverage does not include coverage consisting solely of coverage of excepted benefits, as defined in Section 706(c) of ERISA. Custodial Care. Services and supplies that: 1. Are furnished mainly to train or assist the patient in personal hygiene and other activities of daily living, rather than to provide therapeutic treatment; and 2. Can safely and adequately be provided by persons without the technical skills of a Provider. Such care is custodial regardless of who recommends, provides and directs it, where it is given and whether or not the patient can be or is being trained to provide self-care. Dependent Benefits. The coverage provided under the Plan with respect to an Eligible Dependent. 51 Durable Medical Equipment. Equipment which is: o I. Able to withstand repeated use; 2. Primarily and customarily used to serve a medical purpose; and 3. Not generally useful to a person in the absence of Sickness or Injury. Employee. An active employee of an Employer. Employer. The Board of County Commissioners, Clerk of the Circuit Court, Property Appraiser, Tax Collector, Supervisor of Elections and Sheriffs Department of Monroe County. ERISA. The Employee Retirement Income Security Act (ERISA) of 1974, as presently enacted and as it may be amended from time to time, together with its related rules and regulations. ExperimentallInvestigative. The use of any treatment, procedure, facility, equipment, drugs, devices or supplies not yet recognized by the Plan as acceptable medical practice as determined with the sole discretion of the Plan Administrator. This term will also apply if the services or supplies require Federal or other governmental agency approval and that approval was not granted at the time the services were received. For purposes of the Plan, any treatment, procedure, facility, equipment, drugs, devices or supplies shall be experimental/investigate if: (a) not widely accepted throughout the Participant's geographic area by Physician Providers practicing in such geographic area as being safe, effective and appropriate for the Injury or Sickness; or (b) used for research or investigational use; or (c) conducted as part of a research Protocol; or (d) not proved by statistically significant randomized clinical trials to establish increased survival or improvement in the quality of life over other conventional therapies; or (e) not approved by the Food and Drug Administration or other applicable governmental agency for general use at the time received if such approval was required to lawfully provide the drug or device; or (f) approved for a specific medical condition by the Food and Drug Administration or other applicable governmental agency but applied to another Sickness, Injury or conditions for which approval was required and not obtained at the time the drug, device, medical procedure or treatment was provided. Extended Care Facility. A lawfully operated institution or that part of such an institution which assists patients in reaching the degree of body functioning necessary to permit self-care in essential daily living activities and: I. Is primarily engaged in providing, under the supervision of a Physician and on a full-time Inpatient basis, care and treatment of live (5) or more persons convalescing from Injury or Sickness; 2. Provides twenty-four (24) hour-a-day professional nursing services supervised by a Registered Graduate Nurse regularly on duty within the premises; 3. Maintains a daily clinical record of each patient; and 52 4. Is not, except incidentally, a place for the aged, the treatment of drug or alcohol dependency, nor a place for custodial or educational care. e"~'.' - . .'/, .' ;j.... , Family and Medical Leave Act. The Family and Medical Leave Act (FMLA) of 1993, as it may be amended from time to time, together with its related rules and regulations. HIPAA. The Health Insurance Portability and Accountability Act of 1996, P.L. 104-191, August 21, 1996. Home Healtb Care. The care and treatment of Sickness and Injury by a Home Health Care Agency. Home Healtb Care Agency. An agency or organization that specializes in providing skilled nursing services and other therapeutic services and is providing Medical Care and treatment in the home. Such an agency or organization must meet all of the following requirements: I. It is primarily engaged in providing skilled nursing services and other therapeutic services and is licensed by the Community Health Accreditation Program (CHAP) to provide such services; 2. It has policies established by a professional group associated with the agency or organization. This professional group must include at least one (I) Physician and at least one (I) Registered Graduate Nurse to govern the services provided and it must provide for full-time supervision of such services by a Physician or Registered Graduate Nurse; 3. It has a full-time administrator; and 4. It maintains a complete medical record on each patient. Hospice Care Agency. An agency or organization that offers a health care program providing a coordinated set of services rendered at home, in outpatient settings or in institutional settings for persons suffering from a condition that has a terminal prognosis. Such organization must have an interdisciplinary group of personnel which includes at least one (I) Physician and one (I) Registered Graduate Nurse, and it must maintain centralized clinical records on all patients. It must meet the standards of the National Hospice Organization (NHO) and any applicable state licensing requirements. Hospital. An institution which: I. Provides Medical Care and treatment of sick and Injured persons on an Inpatient basis; 2. Does so at the patient's expense; 3. Maintains facilities for surgical and medical diagnosis and treatment by or under the supervision of a staff of Physicians; 4. Provides twenty-four (24) hour-a-day nursing service by or under the supervision of a Registered Graduate Nurse; 5. Provides lab and X-ray services twenty-four (24) hours a day; 53 6. Operates continuously with organized facilities for Surgery; and 7. Is accredited as a Hospital under the Hospital Accreditation Program of the Joint Commission on the Accreditation of Health Care Organizations. o Injury. All injuries received by a Participant in anyone (I) accident. Inpatient. Anyone treated as a registered bed patient in a Hospital or other institutional Provider. Intensive Care Unit. A separate and distinct part of a Hospital reserved for critically and seriously ill patients requiring highly skilled nursing care and close, frequent, if not constant, audiovisual observation and which provides for such patients the following: I. Room and Board; 2. Nursing care by nurses whose duties are confined to the care of the patients in such unit; and 3. Specialized equipment and supplies immediately available on a standby basis segregated from the rest of the Hospital's facilities. Keys Pbysician-Hospital Alliance (KPHA). The Keys Physician-Hospital Alliance is the agency selected by the Plan Adm inistrator to provide Pre-admission Certification and Medical Case Management services. Late Enrollee. A participant who enrolls under the Plan other than during (a) the first period in which the individual is eligible to enroll under the Plan or (b) the special enrollment period set forth in Section 3. Medical Care. Amounts paid for: (a) the diagnosis, cure, mitigation, treatment or prevention of disease, or amounts paid for the purpose of affecting any structure or function of the body ; (b) amounts paid for transportation primarily for and essential to Medical Care referred to in subparagraph (a) of this Section; and (c) amounts paid for insurance covering Medical Care referred to in subparagraph (a) and (b) of this Section. Medically Necessary Care (or Medical Necessity or Medically Necessary). Medically Necessary Care and treatment that is recommended or approved by a Physician; is consistent with the patient's condition, symptoms, diagnosis or accepted standards of good medical practice; is medically proven to be effective treatment of the condition; is not performed mainly for the convenience of the patient or Provider of medical or dental services; is not conducted for research purposes; and is the most appropriate level of service which can be safely provided to the patient. All of these criteria must be met; merely because a Physician recommends or approves certain care does not mean that it is Medically Necessary. The Plan Administrator has the discretionary authority to decide whether care or treatment is Medically Necessary. 54 Medicare. The program of Medical Care benefits provided under Title XVIII of the Social Security Act of 1965, as amended. Part A means Medicare's Hospital Plan and Part B means Medicare's Voluntary Hospital Supplemental Medical Plan. o Mental Disorder Treatment Facility. An agency or organization that provides a program for diagnosis, evaluation and effective treatment of Mental/Nervous Disorders. It is not a school, custodial, recreational or training institution. It provides infirmary_ level medical services required for the treatment of any Sickness or Injury manifested during the treatment period, whether or not related to the Mental/Nervous Disorder and arranges Hospital services ifneeded. It has at least one (I) Psychiatrist present during the entire treatment day. It provides the services of a psychiatric social workers and a psychiatric nurse twenty-four (24) hours a day. It prepares and maintains a written treatment plan for each patient which must be supervised by a Psychiatrist. The treatment plan is based on a diagnostic assessment of the patient's medical, psychological and social needs. Such agency or organization must meet all applicable licensing requirements for facilities providing such services. MentallNervous Disorders. Neurosis, PSYChoneurosis, psychopathy, psychosis, or mental or emotional disease or disorder of any kind. Mental Health Care or Treatment. Services directed to the effective treatment of the emotional and mental well-being of the individual, including electroshock therapy administered by a Physician and Anesthesia for the same. Marital, family and financial counseling are not Covered Medical Expenses. Morbid Obesity. A condition diagnosed by a Physician in which the patient who is over 18 years old and has completed bone growth meets one (l) or more of the following criteria: I. The patient has a body mass index (BMI) exceeding forty (40); 2. The patient has a body mass index greater than thirty-five (35) in conjunction with severe co-morbidities that are likely to reduce life expectancy (i.e. cardiopulmonary complications, severe diabetes, severe sleep apnea, medically refractory hypertension); 3. The patient has a body weight of approximately 100 Ibs. over ideal weight as provided in the Metropolitan Life and Weight table; Body Mass Index (BM!) calculated by dividing the patient's weight in kilograms by height in meters squared. (To convert pound to kilogram, multiple pounds by 0.45. To convert inches to meters, multiply inches by 0.0254.) Nurse Midwife/Practitioner. A person who is certified to practice as a nurse midwife in the state which the services are performed and who fulfills both of the following requirements: I. A person licensed by a board of nursing as a Registered Graduate Nurse; and 55 2. A person who has completed a program approved by the state in which the person is licensed as required in subparagraph I of this Section for the preparation of Nurse Midwives/Practitioner. 0....,;'., ',- . , ) Occupational Sickness or Injury. An Occupational Sickness or Injury is any Sickness or Injury that is related to any work that is performed for payor profit. Open Enrollment Period. The period elected by the Plan Administrator during which a Participating Employees and Retirees may elect to revoke a prior election to participate in the Plan's voluntary programs (Dental and/or Vision) or to add or eliminate coverage for Dependents. Oral Surgery. Includes operations performed in or around the mouth or jaws. Other Provider. A person or entity, other than a Hospital or Physician, which is duly licensed to render covered services. Out-or-Pocket Limit. The Out-of-Pocket Limit is the designated limit on the amount of Covered Medical Expenses paid by a Participant during a Calendar Year (not including Deductibles). Specific Out-of-Pocket Limit amounts are set forth in the Schedule of Benefits. If payments by a Participant for Covered Medical Expenses during a Calendar Year equal or exceed the individual Out-of-Pocket Limit, the Plan shall then pay 100% of Covered Medical Expenses incurred during the remainder of a Calendar Year. The Out-of-Pocket Limit shall not apply to charges in excess of a Provider's Usual, Customary and Reasonable Charge nor charges exceeding the Calendar Year limits, or any lifetime limits as set forth in the Schedule of Benefits or those expenses specifically listed as excluded in the Schedule of Benefits. Participant. An Employee, Retired Employee, or Dependent who has satisfied the Plan's eligibility provisions and who is participating in the Plan. Personal Benefits. Coverage provided under the Plan with respect to an Employee or Retired Employee. Pharmacy Benefits Manager. A company under contract with managed care organizations, self-insured companies, and government programs to manage pharmacy networks, drug utilization reviews, outcome management and disease management. Physician. The term Physician means a licensed medical practitioner who is practicing within the scope of his license and who is licensed to prescribe and administer drugs or to perform Surgery. It will also include any other licensed medical practitioner if he is operating within the scope of his license and performing a service for which benefits are provided under this Plan when performed by a Physician. 56 Physician Reviewer. The Physician Reviewer conducts those review and evaluation activities, which require a physician's expertise. e Plan. The Employee Health Plan of Monroe County. Plan Administrator or Plan Sponsor. Board of County Commissioners, Monroe County (BOCC). Plan Effective Date. The effective date of the Plan as amended and restated is January 1,2007. Precertification. A procedure to validate the Medical Necessity of a planned Hospital admission, emergency admission, surgical procedure or outpatient diagnostic service as required by the Plan. Clinical information is obtained and reviewed against established medical criteria to validate the Medical Necessity of the event and assign the length of stay for coverage purposes as appropriate. Precertification is not a guarantee of payment. Pre-Existing Condition. An Injury or Sickness or any related condition present before the Effective Date, whether or not any medical advice, diagnosis, care or treatment was recommended or received before the Effective Date; provided, however, genetic information shall not be treated as Pre-Existing Condition in the absence of a diagnosis of the condition related to such information. Provider. A Hospital, Physician, or Other Provider, duly licensed and performing within the scope of any applicable license. Qualified Medical Child Support Order. A medical child support order meeting the requirements set forth in Section 609 of ERISA. Registered Graduate Nurse. A professional nurse who has the authorization to use the title "Registered Nurse" and the abbreviation "R.N.". Retired Employee. A former Employee retired from the Employer who is deemed qualified and eligible to receive retirement income from the Employer as a result of prior service as an Employee. Semi-Private Room Rate. The Room and Board Charges which a Hospital or Provider applies to most beds in its semi-private rooms with two (2) or more beds. Sickness. Physical illness, disease, alcoholism, drug abuse, or MentallNervous Disorder. A recurrent Sickness will be considered one (I) Sickness unless the concurrent Sicknesses are totally unrelated. For purposes of this Plan, the term "Sickness" will include Pregnancy. Substance Abuse Treatment Facility. An institution providing a structured twenty-four (24) hour-a-day Inpatient program for diagnosis, evaluation and effective treatment of 57 alcoholism, and/or drug use or abuse; provides detoxification services; provides infirmary level medical services or arranges at a Hospital in the area for any other medical services that may be required; is at all times supervised by a staff of Physicians; provides at all times skilled nursing care by licensed nurses who are directed by a full-time Registered Graduate Nurse; prepares and maintains written plan of treatment for each patient based on medical, psychological and social needs which is supervised by a Physician; and meets licensing standards applicable to facilities providing such services. 6 Surgery. Procedures involving cutting of body tissue, debridement or permanent joining of body tissue for repair of wounds, treatment of fractured bones or dislocated joints, endoscopic procedures, and other manual procedures when used in lieu of cutting for purposes of removal, destruction or repair of body tissue. Usual, Customary & Reasonable Charges, Fees & Expenses. The prevailing range of charges, fees and expenses charged by Providers of sim ilar training and experience located in the same area, taking into consideration any unusual circumstances of the patient's condition that might require additional time, skill or experience to treat successfully. Waiting Period. The period that must pass before an individual who is a potential Participant is eligible to participate in the Plan. 58 6.'.... ,',i ,. + Board of County Commissioners__ Monroe County Employee Health Plan Each provision, each benefit, each page in this Plan Document for which the pages attached has been reviewed and approved by the undersigned. This Plan Document is effective Any changes in the Plan Document shall be made by written Amendment. Name: Board of County Commissioners - Monroe County Approved by: 59 Contact Information: o Employee Benefits Office Monroe County Board of Commissioners 1100 Simonton St., Room 2-268 Key West, Florida 33040 Lower Keys: Middle Keys: Upper Keys: (305) 292-4446 (305) 743-0079 ext. 4446 (305) 852-1469 ext. 4446 Acordia National, Inc. P.O. Box 3262 Charleston, WV 25332 (800) 624-8605 Keys Physician Hospital Alliance (KPHA) P.O. Box 9107 Key West, Florida 3304] (305) 294-4599 (800) 400-0984 60