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
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. .., . -.
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
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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 $15,484 from OAATitleIII C-l, Congregate Meals to
()MTitlellI C-+,tl(}tn~DeIiy~re{l]\~~ls\Vherethedetnandforservi~s ,is greatest., . The Amenqment also
pr9yide!~foratl~4giti()ll.iilfl1l()p~tioll..pf~??1~7toth~C~I,. C{)ngf(~g(lteM~a1Program for th~ 'Pllfchase' of sljelf-.,
stablemeillsforemefgenciesotrc,grihlrfueals. ' ,. ,
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'Tl1eNutntioI1Pro8fat11$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$388,630
2. This amendment shall begin on April 1 , 2006 or the date it has been sign ed by both parties,
whichever is earlier.
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'Alliprd~i~i()h$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
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" . ".--' . . ..
1. .Thfsamen~ll1ent shall begin on Apri/1, 2006 orthe date it has been signed by both parties,
, whicneverJs<earlier.
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.-' .- ,"-, , --, -',: :.-: " - ..
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
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Thfsagreernentshallbeginon ApriJ1,2006 or the date it has'been signed by both parties,
whichever is earlier. ' '
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Anprovision~In the contract andanyaftachrnents thereto incpryfllct with this agreement
shall be and are hereby changed to conform with this agreement
All provi$ions not in conflict with this agreement are still in effectand are to be performed at
the level speCified in the contract are hereby amended to conform with this agreement
This agreement and all its attachments areherebymacle apart of the contract.
. ,. ,'.
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. ,.-........... ....._-.....'.-,:.,.........'.'.'...........'.'..'...' ........ .........,... .... .. ..'. ..... '. .. ..............'..-..-.'....'..' ... .... . ..
'...'.'.., ,.'..IN.VVIJ"NEE~9\NHgRgOF,thepflrti~$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: .
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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.
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'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 $O.32224319.~he~hanges."
,. .Viigl1(tY~irlOetfeCt sinceth~NutritionProgramdid not exceed thenurnberof 'Unitsspecifiedlnthe
',,'... "Amendment '
"'..-."-.--'-".-. ..
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, ..$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$;.September 30,2006
,.' - ,. -'- -' -' - ..., -. - - - -. - ,. , ,.. . .
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.,..".., ..)Illis memorandumisinr~ference to Amendment 002 ofNSIPCoritnlct US-65 I, October I, 2005-September30,
\2006 Nutrition Services lricentive Program (NSIP) (formerly USDA) Rate Agreement, between tbe1\lliance for.'
<f\ging,pfDadeand.MPnrQeCountiesand the Monroe County B()ardof County Commissioners (Social .,
,.,..','.'..,.'.~~ceS!Nlltti~ionPr9grat11)~','.,'..', '.',,', "
... ,Tile NutritionSeryic~sIllcentive Program (NSIP) isfimded throughtheUS Department of Agricult\.lrean<lprovi<ies
cash reimbursements to MealSerVi<;e Providers in lieu of COmmodities that were previously distributed. The
< .Program1Vasfo1"n1erIycalledth~<<USDA.R.~in1bur~t1l}1entPr()gram" .andl1as beenine)(istenceJor~y years. The
" '~utritionServiceslncentivePrograI11. subsidiZes. the cost . ofmemsprovided by the MonroeCo~llty"Nutrition
\ ,J.>r()$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
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., , -", ..
AllprovisiOhsinttlecontracfandanyattachmentsfhereto inCOflflfctwiti'l. this amendment
shalf be and are hereby changed to conform
witll this amendment. '
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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...,,'../.,' ".'.,.. '
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~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.'- _.:: -:".'..'. '. ,'_' ':........
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., ',' '-:' -.....:., .
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.,. -.-' .,-'-' . --. .- - -',',.'
... ..,"-.-- .-...., ..'---.....,-. -..',. ,.. '.
""-:,- '--:.'. .,", " - :,-.,., ".'." ."'-'- ..
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:
, '
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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.
.....'.---.-'-,.-..-...--.-..'- '-.'-'-:''''':',_'_-,.-._. -...-'.....
...- -'.'" --.-..' --. -,-'....
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. ._. .:,. ..-,,-_:-.::::;:::.:,:-.:'.--:.:_.-,_:_,..::_:_:-.-:-:-:-:::'-:-:::.'-_'..:'-.,:_,::.:.:'.-.:::.-', '-,'..'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 $43, 194.00, subject to the availability of funds.
October 1, 2005
Contract Number US-651
B. Obligation to Pay:
The Alliance's performance and obligation to pay under this contract is
contingent upon an annual appropriation by the Legislature and passed
through the Department of Elder Affairs.
C. f)QurceofFuncJs:
The costs of services paid under any other contract or from any other
source ,are not eligible for reimbursement under this contractThe funds
awarded to the recipient pursuant to this contract are in the state grants
and aids appropriations and consist of the following:
III. RecipientandAIUanceMutoallyAgree:
A.
2. Delivery of services shallencton September 30, 2006. This contract
shall end on Januarv31.2007. See Attachment I, Section III.E:.
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,El.. .......,.,.~rfTfit1atiP~J~U~J>tJrt~ip"i~nllt~t..J;l1f()f~em~~t:....'.'.'.,.....'.' ....,'.'...,..,'.. ',.'..,'. .....,..'.. .. ,... ...,... ...... '. ..'
, ',' . The taus~sand rel11edjesfort~rniinatioh orsuspenSionofthis contract
shall follow the sarnepr()cedures as outlined in Section III.B. and Section
111.C. ottheM~$terAgreerneht.
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..,..:'.'::..:',.,--:.':.-.-._......:-::.':'::--_..,.:_--,--,_..,..-...
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. ' , ,
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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.
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BOARPiPl1gSlpgNTPR.' '.' ..
AUTHORIZeDDESJC3NEE..",. ,
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.-,,-,.. ,-' ,.-'. .
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"..NED~..~
NAME: ' StevehWeisberg, M,.S.
TITLE:
,41ayor
/'.'
10" 9:0;)'
TITLE:
Presidentl CEO
DATE:
DATE:
. '. ----..'. ,.."'.....--.. .... '" .
11/1/0 S-
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'.:' ",'.""-:,,. ,:_",:.. ,.,.,.,: .-.' ....-. .. . ,":.- ' -.
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.".--..-.-,......-- , ,....-.- --.,-,.. --, '-"'-'-. -- - - . .-....'.- -. . -.
"'.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: .'
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. - -.. . . -'. '- ': -. - -. . ,_. . - .
.,' -. ..' . - .
, '
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;'" '
....--.....-_.-...:,...--,..-..,.. .'... ...'
......-.....-... - - .
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-::"-'::"-_.;,-" , -'...-. ...-. _..'
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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;
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"...- ---" - .."". .:"" , ,",-.- . ,,,-.,,,,,'".-'. - .
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.
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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
$33,801.56
2. This amendment shall begin on October 1, 2006 or the date it has been signed by both
parties, whichever is earlier.
All provisions in the contract and any atlachmentsthereto in conflict with this amendment
shall bet:incJ are hereby.ctlC:lnged to conformwittlthis amendment.
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.. . -' . '..' '..-. .'. .. - ..'. .' .. - . ... '-.' - .. .' - - - . ". -- '.- -. -'. .. -.. .. . .' - - ' '. .'. -....,..., -' , . '.. - --.
. -.. -. - . ..' . - '-. . . , , , . . .' .' .
. - -.---'. -.-.--.- .-. -. .-. '-..-- ---. '.. - -.--.- -- ...' -..'..- - -.' .. - .. '...- - -.-. - .'- - - -." . - --. ..--...-,.... ..
, . - ,. - -' -. .' - .. - . -" . .' -. -.- . ,., -. - -. -- -. -' , , " - - - - - ' . -' - ..
.- --. .....- -.- - -. - '.. .. - - '-. .--'.- -... -... '.' --.'. .'-. ..-' - ... ."- ., --."- - -.... '. ._'- -..' -'. '. "'.-.' -. ,
. ".",. -' ., .., - - '" -- ' - ' , . ,... - ,. -. , . . . "..- - .' -- -. . .
. -- ..'.-.. '-.. -.'.'.. .'--.. . '-' -... ... ...'. -'. -.'. '. - ---... ---. ..' .'... '. '- .'''.' .--'.
. -"".'. ,.... -"-. -."'--.'. -----.,. ".' "-.'.-'-'.'."-' ....--- ..--.,....... -... --' -,....." -' ..'''-.. --'...' -"....,., ......-. -.-"-... ,.--.....,.. .---' "-,-,---....,. ._"-' ...-'.-'..' ...--'''-. .
......AII......pl'o.visions.not.in.conflictwUhthi$.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
. '- -. - . - -- - '.--.. ... .. - -'. ." .'-.- -.-- - . - -.-.-. .... .---.-,,', .-...... '.'. '-. -..-' "-' ... ..... .- .-.. --' -,., ,
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. , . -' . - ' - ' . - - . '-' -' . , - " ... . . .
, ... '-. -' , .. .. .. . ., . '- -. .. . .
.- - . --' - ., ,...., . ... . . -.- -' -. - - " - .. .' - - ..
. ... ., - . - ., -. '. . '. - '.. .. .. '-.. ' . - -' -' - ' '-. . -. '- -. - ' ... . ..- -', ....
...' .-. ,. ... . ..-. . - ..'.' .-.. . . . . '. -.. .
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_;'_~.~,<,'_"~/.<,.-_..,,.- .-' .
!
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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..
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O. N{)t~~I~~~t~ct....~~~~!~>~~~ati()n:
1. Tfilbniil~,;adqr{:i$$;~rid~ri.~riUmber of fhe contract ma(li$t~~r
for the AllIance for thisconirac:tls:
P(Jd~ Joij~CEO.
95fJo SouthP8lf$lanl#i)ow~v~rd, Suite 400
~4~1f1~~~1~ ..
\:"(5)$7~,,,OO
2
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Octobor 1 t 2006
CcntractNumber U8..151
2. The name, addre$s, and telephone number of the represcntatlveof
the recipient responsibfefor administration of the program under this
contact is:
..... Oet.)B~eI'
GA TOeuiJding....1J()OSilnon~on Street
. key \lV'es(fL~:3040
.1405\292-4573. .
\-- -.---....l.-."c C'_C''''C.'''.''.'''.''',,,....
.. .
3- In the event different repfEJ$$ntatwes arerlesignated by either party
aftar executiOn oftni$ contract. notice of the name a~addres$ of the
new repr~s~n~$j\t(t wiltljS.rerideredin Writing to the other party and
. saklngt~a~i!!dto~jnals.cfthj~contrac#.. ...
~'I~~~"IIf'.~~k
....K~la~lr~...
(305)2924573 .
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E~ fe':1eg::~~~~:l:i~nthefufl4Irlgjn thl$ _cOrift~Ct..~.> . .. . .
oorrespondings'JYic$$~l~~JDjn.jl'l~re<1StlOr~'~$<<J~ may..Pe
u- -.foimJ1f;. ... - .p'A~r4.f- _.d< .---.$&
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conta.ined. intr,asef\j. -..ice ..pm.v_-...ld.ef' aw../icario. n orteq. ..~..u.. irOO......t.rt. J.bi$
confrad. This. shaJt..be..donewifhiri.t~.'Norking .daysofreteiPtof
suchhotice, . . .
3
~,j.T4tJT, J.
October 1, 2006
Contract Numbef' US..751
IN W1TNE$$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$lQI2NTOR ..
AUTH0RIZeOOESIGNEE
ALLIANCE FOR AGING. INC.
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DAtt;;
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Pr~sirJsntICE() .
CASSEL
A$SIS1',6;r.i(66Ut>ITYATTORNEY
DatI>' ~;;',.iJr.;;tl.6... ........ ..........
.4
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\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
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.. .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~ .
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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$~~tted.WithDOEAFotmSt17 8pd118as
~~I~~~*~I.~~t~.~u=~We:t.~The
F&Jom1}1~>> . ...../.... ......
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5. Tti~dtJe da~forth~.r~qll~$f()f:(~imtn,lfflEHne1Jtancl'r(ip9Jt(~)~hafl be
I1l)'ki~r thatithe>aiJtlY9f.:therngnthfoUowingthemon,tti.bain9
r~pt1rted" ... . . '.
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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:
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ThEr~Pleht- u. ,... mP' . h J f F
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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
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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
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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
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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~~~
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FVPP-05-CA-4
. 19
JUNE 2005
Florida Department of Transportation
Public Transit Office
Order Packet
EXHIBIT C
OPTIONS
FVPP~05~CA4
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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
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Florida Department of Transportation
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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
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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
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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
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. 25
JUNE 2005
Florida Department of Transportation
Public Transit Office
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FVPP~05~CA4
" 26
JUNE 2005
Florida Department of Transportation
Public Transit Office
PAINT SCHEME #3
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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
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JUNE 2005
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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
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APRIL 2005
Florida Department of Transportation
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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
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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
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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.
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APRIL 2005
Florida Department of Transportation
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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
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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
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APRIL 2005
Florida Department of Transportation
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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
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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
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APRIL 2005
Florida Department of Transportation
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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
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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.
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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
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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.
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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,
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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
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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"
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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
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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
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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:
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(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,
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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
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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
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EXHIBITS
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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.
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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.
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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.
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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.
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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."
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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.
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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
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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.
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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
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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.
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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
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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,
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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.
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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
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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.
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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,
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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.
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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.
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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
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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.
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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
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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
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"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.
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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.
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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.
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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)
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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.
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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.
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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.
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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.
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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.
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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.
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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)
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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
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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.
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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.
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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.
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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.
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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
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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.
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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.
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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.
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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
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FVPP.05~CA-4
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APRIL 2005
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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
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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
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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
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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.
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. AUest: Danny i..)K,lhage, Clerk
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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~
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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
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(SEAL)
Attest:
BY.~~~
aoess
Title: .L;et'IL2~.v<,- ('corclinct-A,.....
CONTRACfOR
MOWREY J:LEVATOR SERVI
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TItle: &rv; (' (0)
By: ~ ~ .fVa<<<e J
WItness
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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
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BOARD OF COUNTY COMMISIONERS
:~ MO~ROE COl'~ORID..\
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, 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.
~.~
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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.
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Deputy Clerk
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ASSIST' "th ~ fJ"'TTORNIY
Date_ 1'j~~T
BOARD OF COUNTY COMMISIONERS
OF MONROE COUNTY. FLORIDA
By: /Ju."-;j (~"'
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SYNAGRO SOUfHEAST, IN~~.:
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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:
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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 #
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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
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---
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.
Either party may cancel the contract upon sixty (60) days written notice.
10
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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
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:::: '? ~- /'-..
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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
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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
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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.
. New counties are expected to join the pilot in the future.
· The Project will run for at least 18 months and will culminate with an in-depth
project evaluation. The findings of the evaluation will determine if state-wide
expansion would be feasible.
I Select your destination .:r.J'
Copyright @ 1999.
National Association of State Medicaid Directors. All rights reserved.
10/25/2006
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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
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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
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\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 ~ \
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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
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/ 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'
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10/24/2006
Grants - Office of Cultural & Historical Programs
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~""
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.
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Privacy Statement I Contact Us ISltemap
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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
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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
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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
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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
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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
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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
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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.
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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.".,
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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
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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.
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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
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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
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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.
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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
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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.
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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
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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:
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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
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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:
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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.
-
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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.)
.
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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
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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.
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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.
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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.
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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.
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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
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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:
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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.
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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.
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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.'....
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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
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