Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
C. Bulk Approvals
BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: April 18, 2007 Division: Public Works Bulk Item: Yes X No _ Department: Facilities Maintenance Staff Contact: John W. Kin text 4431 AGENDA ITEM WORDING: Approval of an Amendment to Agreement with The Guidance Clinic of the Middle Keys, Inc. for wastewater treatment processing from the Marathon Detention Facility. ITEM BACKGROUND: The lease between Monroe County and The Guidance Clinic of the Middle Keys, Inc. for use of the wastewater treatment plant by the Marathon Detention Facility expires on March 6, 2007. In accordance to Article 1 of the original Agreement dated March 7, 1990, the lease may be renewed for ten successive three year terms, after the initial five year term. The fifth renewal option was just exercised. PREVIOUS RELEVANT BOCC ACTION: On March 7, 1990, the BOCC approved the original five-year Agreement with the Guidance Clinic for use of their wastewater treatment plant by the Marathon Detention Facility. On April 19, 1995, the BOCC approved an amended Agreement for an additional three years, with renewal options. On February 11, 1998, the BOCC approved the second three-year term, and on February 21, 2001, the BOCC approved the third three-year term. On August 15, 2001, the BOCC approved an Amendment to Agreement increasing the reimbursement for monthly routine maintenance charges from up to $300.00 per month to up to $500.00 per month. On February 18, 2004, the BOCC approved the fourth three-year renewal term. On March 21, 2007, the BOCC approved the fifth renewal option for terminate March 6, 2010. CONTRACT/AGREEMENT CHANGES: Amend Agreement to increase reimbursement to the Guidance Clinic of the Middle Keys from $500 per month including 50% of charges in excess of $500 per month to $580 per month including 50% of charges in excess of $580 per month, and will be retroactive from March 7, 2007, the first day of the latest renewal agreement. STAFF RECOMMENDATIONS: Approval as stated above. TOTAL COST: Approx $11,000.00 per year (Approx. $6,960/yr for routine maintenance and Approx. $4,040.00 for % of excess charges COST TO COUNTY: Same BUDGETED: Yes X No SOURCE OF FUNDS: Fines & Forfeiture t REVENUE PRODUCING: Yes _ No X AMOUNT PER MONTH Year APPROVED BY: County Atty / DOCUMENTATION: Included DISPOSITION: OMB/Purchasing Risk Management Not Required. AGENDA ITEM # Revised 1/03 M E M O R A N D U M DATE: March 16, 2007 TO: Dent Pierce, Division Director Public Works �j FROM: John W. King, Sr. Director 5;4e Lower Keys Operations Lei ` RE: Agenda Item — April 18, 2007 BOCC Meeting Approval to Amend Agreement — Wastewater Treatment Plant by the Marathon Detention Facility The Guidance Clinic of the Middle Keys The lease between Monroe County and The Guidance Clinic of the Middle Keys, Inc. for use of the wastewater treatment plant by the Marathon Detention Facility was just renewed for the fifth renewal option to terminate March 6, 2010, and the Guidance Clinic has requested that the monthly rate of reimbursement be increased from $500.00 to $580.00 per month including 50% of charges in excess of $580 per month due to an increase wastewater treatment charges. This increase will be retroactive to March 7, 2007 through March 6, 2010. I hereby recommend approval of an amendment to the agreement with The Guidance Clinic of the Middle Keys to increase from $500 to $580 per month including 50% of charges in excess of $580 per month to be retroactive to March 7, 2007 for the use of the wastewater treatment plant by the Marathon Detention Facility. JWK/jbw Enclosures MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Guidance Clinic of MK Contract # Effective Date: 03/07/07 Expiration Date: 03/06/2010 Contract Purpose/Description: Amend the Agreement with the Guidance Clinic of the Middle Keys for the use of the wastwater treatment plant by the Marathon Detention Facilijy Contract Manager: Jo B. WALTERS 4549 Facilities Main/Stop #4 (Name) (Ext.) (Department/Stop #) for BOCC meeting on 4/18/07 Agenda Deadline: 4/03/07 CONTRACT COSTS Total Dollar Value of Contract: $ app 11,000. Current Year Portion: $ Budgeted? Yes® No ❑ Account Codes: 101-20504-530-340- Grant: $ N/A'�- County Match: $ N/A - - - ADDITIONAL COSTS Estimated Ongoing Costs: $ /yr For: (Not included in dollar value above) (eg. maintenance, CONTRACT REVIEW 6,416.69 etc. Changes Date Out Division Director D to Jh �'� Needed Reviewer, Yes❑ No� ,� �lt�� 3 �7 Risk Manage ent 3-a3-01 Yes❑ No[z O.M.B./Purchaling 3 -Z& -z -) Yes❑ Noo 34067� County Attorney ��`� Yes❑ NoE�r„��� Comments: OMB Form Revised 2/27/01 MCP #2 AMENDMENT TO AGREEMENT (Use of Wastewater Treatment Plant by the Marathon Detention Facility) This Renewal Agreement is made and entered into this day of April, 2007, between MONROE COUNTY, FLORIDA ("County") and THE GUIDANCE CLINIC OF THE MIDDLE KEYS, INC. ("Clinic"), whose address is 3000 41" Street Ocean, Marathon, FL 33050, in order to amend the Agreement between the parties dated March 7, 1990, as amended April 19, 1995, as renewed on February 11, 1998 and February 21', 2001, as amended August 15, 2001, as renewed February 18, 2004 and March 21, 2007 (copies of which are incorporated hereto by reference); as follows: 1. Paragraph 5(B) of the original Agreement "Monthly Maintenance and Operation" as amended April 19, 2001 and August 15, 2001, currently reads as follows: "It is understood that routine maintenance and operation shall be performed on the Treatment Plant, the total cost of which is estimated at no more than $500.00 per month. This monthly maintenance will be contracted, and paid by the Clinic. The County will reimburse the Clinic for 100% of these charges, up to $500.00 per month. The County will reimburse the Clinic for 50% of those charges in excess of $500.00, reimbursement to be made within 30 days of County's receipt of invoice. If routine maintenance costs consistently and significantly deviate from $500.00 per month, these percentages may be re -negotiated." Shall be amended to read: "It is understood that routine maintenance and operation shall be performed on the Treatment Plant, the total cost of which is estimated at no more than $580.00 per month. This monthly maintenance will be contracted, and paid by the Clinic. The County will reimburse the Clinic for 100% of these charges, up to $580.00 per month. The County will reimburse the Clinic for 50% of those charges in excess of $580.00, reimbursement to be made within 30 days of County's receipt of invoice. If routine maintenance costs consistently and significantly deviate from $580.00 per month, these percentages may be re -negotiated." 2. Reimbursements to The Guidance Clinic of the Middle Keys, Inc. up to $580.00 per month including 50% of those charges in excess of $580.00 will be retroactive from the date of renewal, March 7, 2007, approved on March 21, 2007. 3. In all other respects, the original agreement between the parties dated March 7, 1990, amended on April 19, 1995, renewed on February 11, 1998 and February 21". 2001, amended August 15, 2001, renewed February 18, 2004 and March 21, 2007, remains in full force and effect. 4. Monroe County's performance and obligation to pay under this contract is contingent upon an annual appropriation by the BOCC. IN WITNESS WHEREOF, the parties have hereunto set their hands and seal, the day and year first written above. (Seal) Attest: DANNY L. KOLHAGE, CLERK (Seal) Attest: U.'a Deputy Clerk Chief Executive Officer BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA Mayor/Chairman GUIDANCE CLINIC OF THE MIDDLE KEYS, INC. President w .� zg Cc a: 00 r� Q z uz zQ Do aw U 7 w0 0� Z Q. 0a 2 RENEWAL AGREEMENT (Use of Wastewater Treatment Plant by the Marathon Detention Facility) This Renewal Agreement is made and entered into this day of March, 2007, between MONROE COUNTY, FLORIDA ("County") and THE GUIDANCE CLINIC OF THE MIDDLE KEYS, INC. ("Clinic"}, whose address is 3000 41' Street Ocean, Marathon, FL 33050, in order to renew the Agreement between the parties dated March 7, 1990, amended April 19, 1995, and August 15, 2001, as renewed on February 11, 1998, February 21$% 2001, and February 18, 2005 (copies of which are incorporated hereto by reference); as follows: 1. In accordance to Article 1 of the original agreement dated March 7,1990, the County exercises its fifth (5) option to renew for a three (3) year terns with five (5) successive three (3) year terms remaining. 2. The term of this Renewal Agreement shall commence on March 7, 2007 and shall terminate on March 6, 2010. 3. in all other respects, the original agreement between the parties dated March 7,1990, amended on April 19, 1995, and August 15, 2001, as renewed on February 11, 1998, February 21, 2001, and February 18, 2004, remains in full force and effect. IN WITNESS WHEREOF, the parties have hereunto sat their hands and seal, the day and year first written above. (Seal) Attest: DANNY L. KOLHAGE, CLERK By: Deputy Clerk (Seal) Attest: By: Chief Executive Officer BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mayor/Chairman GUIDANCE CLINIC OF THE MIDDLE KEYS, INC. By: Executive 'Vice -President MONROE COUNTY ATTORNEY APPROVED AS TO F RM: N ILEENE W. CASS EL ASSISTANT COUNTY ATTORNEY Date— .3- 2—o'7 r rt r r . :nr.• t . -u.rr N This Renewal Agreement is made and enteral into this I day of February, 2004, between MONROE COUNTY, FLORIDA ("County') and THE GUIDANCE CLINIC OF THE MIDDLE KEYS, INC. ("Clinic"), whose addtus is 3000 41` Street Omm Marathon, FL 33050, in order to LWew t0 Agreement between the patties dated March 7, 1990, amended April 19, 1995, and August 15, 2001, as renewed on February 11, 1998, and February 21' , 2001, (o*es of which are incorporated hereto by re avoce); as follows: 1. In accordance to Article t of the original agteenuxt dated March 7, 1990, the County exa+cises its foruth option to renew for a three year term with six suocou ve throe year tetmi tt�mtining 2. The tam of this Renewal Agreement shall cornmesree on March 7, 2004 and shall unninete on March 6, 2007. 3. The County will reimburse the GWdaaoe Clinic 100% for monthly routine ma>ntenance and Operation of the wadow4w U=bnent plant up to $530.00 per month The County will refinbutrse the Clinic for 50% of any eowees charges over 5550.00 per nwn* 4. In all other respects, the original agreenaat between the' parties dated Mari 7, 1990, amended on April 19, 1995, and August 15, 2001, as renewed on February 11, 1998, and Febnmy 2It 2001, refflims in fitll forve and egnot. (Sod) Attest WITNESS WHEREOF, the patties have ha+aurto ad their haada and seal, the day and yea L. KOLHAGE, CLERK DqPAY Clark HOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA o -n �C CD E �v a lqn _._,�. ..... fir rc = rM , GUIDANCE CLINIC OF THE sin, � MIDDLE KEYS, INC. By: f'-e Vice -President WUNTY ATTOR EY ROVED AS M• SUZAldNE APLPrTON ASSISTANT CO T RNEY Date AMENDMENT TO AGREEMENT (Use of Wastewater Treatment Plant by the Marathon Detention Facility) This Renewal Agreement is made and entered into this 15'h day of August 2001, between MONROE COUNTY, FLORIDA ("County") and THE GUIDANCE CLINIC OF THE MIDDLE KEYS, INC. ("Clinic"), whose address is 3000 41" Streat Ocean, Marathon, FL 33050, in order to renew the Agreement between the parties dated March 7, 1990, amended April 19, 1995, and as renewed on February 11, 1998, and February 21", 2001 (copies of which .are incorporated hereto by reference); as follows: Paragraph 5(B) of the original Agreement "Monthly Maintenance aid Operation" shall read as follows: It is understood that routine maintenance and operation shall be performed on the Treatment Plant, the total cost of which is estimated at no more than $5W.00 per month. This monthly maintenance will be contracted, and paid by the Clinic. The County will reimburse the Clinic for 100% of these charges, up to $500.00 per month. The County will reimburse the Clinic for 506% of those charges in excess of $500.00, reimbwsement to be made within 30 days of County's receipt of invoice. If routine maw costs consistently and sitly deviate from $500.00 per month, these percentages may be re --negotiated. 2. Reimbursements to The Guidance Clinic of the Middle Keys, Inc. up to $500.00 per month including 50% of those charges in excess of $500.00 will be retroactive from the date of renewal, March 7, 2001, approved on February 21, 2001. 3. In all other respects, the original agreement between the parties dated March 7, 1990, amended on April 19, 1995, and renewed on February 11, 1998 and February 21'`, 2001, remains in full force and effect. 4. Monroe County's performance and obligation to pay under this contract is contingent upon an annual appropriation by the BOCC. 3SS WHEREOF, the parties have hereunto set their hands and seal, the day and year .KOLHAGE,CLERK By(-:]L ol uty Clerk (sue) Attest: BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA lin&" GUIDANCE CLINIC OF THE, MIDDLE KEYS. INC. a r 0 vsident 'n RENEWAL AGREEMENT (Use of Wastewater Treatment Plant by the Marathon Detention Facility) This Renewal Agreement is made and entered into this 21" day of February, 2001, between MONROE COUNTY, FLORIDA ("County") and THE GUIDANCE CLINIC OF THE MIDDLE KEYS, INC. ("Clinic"), whose address is 3000 41'` Street Ocean, Marathon, FL 33050, in order to renew the Agreement between the parties dated March 7, 1990, amended April 19, 1995, and as renewed on February 11, 1998 (copies of which are incorporated hereto by reference); as follows: 1. In accordance with Article I of the original Agreement dated March 7, 1990, the COUNTY exercises its third option to renew for three (3) years with seven (7) successive three (3) year terms remaining. 2. The term of this Renewal Agreement will continence on March 7, 2001, and will terminate March 6, 2004. 3. In all other respects, the original agreement between the panes dated March 7, 1990, amended on April 19, 1995, and renewed on February 11, 1998, remains in full force and effect. IBEREOF, the parties have hereunto set their hands and seal, the day and BOARD OF COUNTY COMMISSIONERS LHAGE, CLERK OF MONROE COUNTY, FLORIDA '.: Y. , , By. Clerk Mayor/Chairman (Seal) Attest: GUIDANCE CLINIC OF THE MIDDLE KEYS, INC. By: orz P 7 ' ap v C O :0 Pre�deirt --, • o � � '9' o r. m v ` v RENEWAL AGREEMENT (Use of Wastewater Treatment Plant) THIS Renewal Agreement is made and entered into this llth day of February, 1998, between the MONROE COUNTY, FLORIDA ("County") and THE GUIDANCE CLINIC OF THE MIDDLE KEYS, INC. ("Clinic"), whose address is 3000 41st Street Ocean, Marathon, FL 33050. WITNESSETH: WHEREAS, the Clinic has a Waste Water Treatment Plant ("Treatment Plant") on its property, and WHEREAS, the County paid for an upgrade to the Treatment Plant to service their jail facility adjacent to the Clinic, NOW, THEREFORE, in consideration of the terms and considerations herein, the County and the Clinic hereby agree as follows: 1. TERM: This agreement shall remain in effect for a period of three years, effective March 7, 1998. Upon concurrence by both parties, this agreement may be renewed with any and all terms herein being renegotiablp, &K eight successive three (3) year terms, in accordance with the initlai:fitro (53 year agreement effective March 7, 1990, as amended on April 19 Th County may terminate the agreement at any time by providing the C1it�ii�c wr"ptt notice at least 180 days in advance. o _ 7 2. OWNERSHIP OF TREATMENT PLANT: The Clinic will m�iULn,.- ulw- ownership of the Treatment Plant, as expanded under the prior a gre= r _� r - Cr i.Tl 3. LOCATION OF TREATMENT PLANT: The Treatment Plant, iUaluiding—thP expansion, is located entirely on the property owned by the Clinic in Marathon, Florida, and whose physical address is 3000 41st Street, Ocean, Marathon, FL 33050. 4. USE OF TREATMENT PLANT: The County is authorized, in exchange for the consideration specified in paragraph 5 of this agreement and past consideration of installing the expansion of the Treatment Plant, to use the Clinic's Treatment Plant in the operation of its jail facility located in Marathon, Florida. 5. RESPONSIBILITIES OF PARTIES: A. Utilities - Utilities will be billed and paid 100% by the Clinic. B. Monthly Maintenance and Operation - It is understood that routine maintenance and operation shall be performed on the Treatment Plant, the total cost of which is estimated at no more than $300.00 per month. This monthly maintenance will be contracted, and paid by the Clinic. The County will reimburse the Clinic for 100E of these charges, up to $300.00 per month. The County will reimburse the Clinic for 50% of those charges in excess of $300.00, reimbursement to be made within 30 days of County's receipt of invoice. if routine maintenance costs consistently and significantly deviate from $300.00 per month, these percentages may be renegotiated. C. Unforeseen Repairs - The County will reimburse the Clinic for 50% of all unforeseen or emergency repairs to the Treatment Plant after the expiration of the warranty period. Such repairs will be contracted for and paid by the Clinic, with documentation to be provided to County to support raquests for reimbursement of County's share. These percentages may be renegotiated from time to time as revisions to, or new repair and maintenance contracts are required. D. Connections - The County and Clinic will each be responsible for payment of all charges involving the connections of their respective facilities to the Treatment Plant. E. Landscaping - It shall be both parties' intent to provide a visual barrier between the Clinic's facilities and the County's Jail Facility. 6. OTHER COSTS: Other than those expressly specified in this agreement, there shall be no other costs payable by either party. 7. INSURANCE/LIABILITY: The Clinic will hold the County harmless for any and all incidents that occur arising from the operation of the Treatment Plant. S. ENTIRE AGREEMENT: This document contains the entire agreement between the County and the Clinic and supersedes and merges herein any and all prior or contemporaneous correspondence, communications and agreements related to the use of the subject Treatment Plant. This agreement cannot be amended except by a written instrument signed by the County and the Clinic stating that it is an amendment to this agreement. (Seal)+ Attest: (SEAL) Attest: WHEREOF the parties hereto have executed this Agreement the above written. KOLHAGE, CLERK By: hief Executive Officer BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By GUIDANCE CLINIC OF THE MIDDLE KEYS, INC. THIS AGREEMENT is made and entered into this AL'A day of 1995, by and between Monroe County, Florida ("County") and the Guidance Clinic of the Middle Keys, Inc. ("Clinic"), whose address is 3000 41st Street Ocean, Marathon, FL 33050. WHEREAS, the Clinic has a Waste Water Treatment Plant ("Treatment Plant") on its property, and WHEREAS, the County paid for an upgrade to the Treatment Plant to service their jail facility adjacent to the Clinic, NOW, THEREFORE, in consideration of the terms and considerations herein, the County and the Clinic hereby agree as follows: 3 -ri m r rn 1. TERM: This agreement shall remain in effect fora pe"%f thy (3)6 years, effective March 7, 1995. Upon concurrence by both parties -#S..i�gren a may be renewed with any and all terms herein being renegotial Jor nits (9)2 successive three (3) year terms in accordance with the initial five (5) y4prag menty effective March 7, 1990. The County may terminate the agreemef qny t o bjc providing the Clinic written notice at least 180 days in advance. 2. OWNERSHIP OF TREATMENT PLANT: The Clinic will maintain full ownership of the Treatment Plant, as expanded under the prior agreement. 3. LOCATION OF TREATMENT PLANT, The Treatment Plant, including the expansion, is located entirely on the property owned by the Clinic in Marathon, Florida, and whose physical address is 3000 41 st Street, Ocean, Marathon, FL 33050 4. USE OF TREATMENT PLANT: The County is authorized, in exchange for the consideration specified in paragraph 5 of this agreement and past consideration of installing the expansion of the Treatment Plant, to use the Clinic's Treatment Plant in the operation of its jail facility to be located in Marathon, Florida. 5. RESPONSIBILITIES OF PARTIES: A. Utilities - Utilities will be billed to and paid 100% by the Clinic. B. Monthly Maintenance and Operation - It is understood that routine maintenance and operation shall be performed on the Treatment Plant, the total cost of which is estimated at no more than $300 per month. This monthly maintenance will be contracted, and paid by the Clinic. The County will reimburse the Clinic for 100% of these charges, up to $300 per month. The County will reimburse the Clinic for 50% of those charges in excess of $300, reimbursement to be made within 30 days of County's receipt of invoice. If routine maintenance costs consistently and significantly deviate from $300 per month these percentages may be renegotiated. C. Unforeseen Repairs - The County will reimburse the Clinic for 50% of all unforeseen or emergency repairs to the Treatment Plant after the expiration of the warranty period. Such repairs will be contracted for and paid by the Clinic, with documentation to be provided to County to support requests for reimbursement of County's share. These percentages may be renegotiated from time to time as revisions to, or new repair and maintenance contracts are required. D. Connections - The County and Clinic will each be responsible for payment of all charges involving the connections of their respective facilities to the Treatment Plant. E. Landscaoina - It shall be both parties' intent to provide a visual bonier between the Clinic's facility and the County's Jail Facility. 6. OTHER COSTS: Other than those expressly specified in this agreement, there shall be no other costs payable by either party. 7. INSURANCE/IJABILITY: The Clinic will hold the County harmless for any and all incidents that occur arising from the operation of the Treatment Plant. 8. ENTIRE AGREEMENT: This document contains the entire agreement between the County and the Clinic and supersedes and merges herein any and all prior or contemporaneous correspondence, communications and agreements related to the use of the subject Treatment Plant. This agreement cannot be amended except by a written instrument signed by the County and the Clinic stating that it is an amendment to this agreement. IN WITNESS WHEREOF the parties hereto have executed this Agreement the day and year first above written. (SEAL) BOARD OF COUNTY COMMISSIONERS Atfbst: DANNY L. KOLHAGE, CLERK OF MONROE COUNTY, FLORIDA (SEAL) GUIDANCE CLINIC OF THE Attest: MIDDLE KEYS, INC. By By 1,4 Chief Exec�04 Officer President AAPF�WMjconwasteL;Ea,4L s �a This Agreement is made and entered into this day of A.D. 1990, by and between the COUNTY OF MONROE, State of Florida ("COUNTY") and the GUIDANCE CLINIC OF THE MIDDLE KEYS, INC. ("GUIDANCE CLINIC"), whose address is 11399 Overseas Highway, Marathon, FL 33050 WHEREAS, the GUIDANCE CLINIC is currently in the process of constructing a new facility in Marathon, Monroe County, Florida, and i WHEREAS, the GUIDANCE CLINIC has a contract to purchase, and has obtained all necessary permits and authorization for placement of, a 7500 gallon -per -day Waste Water Treatment Plant ("Treatment Plant") on its property, and WHEREAS, the COUNTY will be constructing a jail facility on the property immediately adjacent to the GUIDANCE CLINIC'S new facility, and WHEREAS, the COUNTY will be in need of a Waste Water Treatment Plant for their new jail facility, NOW, THEREFORE, in consideration of the terms and considerations herein, the COUNTY and GUIDANCE CLINIC hereby agree as follows: 1. Tom: This agreement shall remain in effect for a period of five (5) years, effective on the execution date of the agreement. Upon concurrence by both parties, this agreement may be renewed with any and all terms herein being renegotiable, for 10 successive three (3) year terms after the initial five (5) year term. The COUNTY may terminate the agreement at any time by providing the GUIDANCE CLINIC written no_ice at least 180 days in advance. 2. OWNERSHIP OF TREATMENT PLANT: The GUIDANCE CLINIC has contracted with Monarch Precast Company for installation of a 7500 gallon -per -day Treatment Plant, further described as Exhibit A of this agreement. The GUIDANCE CLINIC will maintain full ownership of the Treatment Plant, including the expansion detailed in paragraph 5 of this agreement. 3. LOCATION OF TREATMENT PLANT: The Treatment Plant, including the expansion detailed in paragraph 5 of this agreement, will be located entirely on the property owned by the GUIDANCE CLINIC in Marathon, Florida, and whose physical address is 3000-41st St. Ocean, Marathon, Florida 33050. 4. USE OF TREATMENT PLANT: Upon installation, inspection, and operation of the GUIDANCE CLINIC'S 7500 gallon -per -day Treatment Plant, the COUNTY is authorized, at no cost to the COUNTY beyond that contained in paragraph 6 of this agreement, to use the Treatment Plant in the operation of its jail facility to be located in Marathon, Florida. 5. EXPANSION OF TREATMENT PLANT: Upon execution of this agreement, the COUNTY will obtain, at its expense, and through the GUIDANCE CLINIC if necessary, all necessary permits and authorization for expansion of the Treatment Plant from a 7500 gallon -per -day capacity to 15,000 gallon -per -day capacity for the use of both the COUNTY and GUIDANCE CLINIC. After said permits and authorizations are obtained, the GUIDANCE CLINIC will contract for the expansion of the Treatment Plant, the cost of which shall be initially paid by the GUIDANCE CLINIC. The COUNTY will reimburse the GUIDANCE CLINIC for 100% of those costs in excess of $42,400 (as detailed in Exhibit A of this agreement) within 30 days of receipt of the contractor's invoice detailing the work performed. 6. RESPONSIBILITIES OF PARTIES: Upon installation of the first 7500 gallon -per -day Treatment Plant, the parties' responsibilities will be as follows: Utilities- Upon installation of the Treatment Plant, utilities will be billed to and paid 100% by the GUIDANCE CLINIC, and will be 100% reimbursed by the COUNTY within 30 days of the COUNTY'S receipt of the bill, until such time as the GUIDANCE CLINIC begins utilizing the Treatment Plant. With that exception, payment of all utilities will be the sole responsibility of the GUIDANCE CLINIC. Monthly Naintenance and Operation- It is understood that routine maintenance and operation shall be performed on the Treatment Plant, the total cost of which is estimated at no more than $300.00 per month. This monthly maintenance will be contracted, and paid initially by the GUIDANCE CLINIC. The COUNTY will reimburse the GUIDANCE CLINIC for 100% of these charges, up to $300.00 per month. The COUNTY will reimburse the GUIDANCE CLINIC for 50% of those charges in excess of $300.00, reimbursement to be made within 30 days of COUNTY'S receipt of invoice. If and when the GUIDANCE CLINIC contracts with another party(ies) to allow connection to the Treatment Plant, these percentages may be renegotiated. Unforeseen repairs- The COUNTY will reimburse the GUIDANCE CLINIC for 50% of all unforeseen or emergency repairs to the Treatment Plant after the expiration of the warranty period. such repairs will be contracted for and paid initially by the GUIDANCE CLINIC. If and when the GUIDANCE CLINIC contracts with another party(ies) to allow connection to the Treatment Plant, these percentages may be renegotiated. Connections- The COUNTY and GUIDANCE CLINIC will each be responsible for payment of all charges involving the connections of their respective facilities to the Treatment Plant. r r. �. u. .x• � o • -ro t. Landscaoina- It shall be both parties' int_esnt to ' Provide a visual barrier between the GUIDANCE Cr.il/IC'S facility and the COUNTY'S Jail Facility. 7. OTH? _.COSTS-- Other than those expressly sW-ified wn this agreement, there shall be no other costs payable by either party. 8. INSURANC']31LI_ _J�BILITYz The GUIDANCE CLINIC will hold the COUNTY harmless for any and all incidents that. occur arising from the installation or operation of the Treatment Plant.. 9. BNTIRB AGR88�. This document rontains the entire agreement between tha COUNTY and the GUIDANCE CLINIC and supersedes and rftrges herein any and all prior or contemporaneous correspondence, communications and a0veements related to the use of the subject Treatment Plant. This agreement cannot be amended except by a written instrument signed by the COUNTY and the GUIDANCE CLINIC stating that it. is an amendment to this agreement. D)ifiBD this /��— day _APIrt.4_._A-D. 1990, in Key West, Monroe County, Florida. GUIDANCE CLINIC OF THE MIDDLE KEYS, INC. Marjorie Nlearns, President Board of Directors David P. Rice, PhD. Chici Executive Or.Cicor HOARD OF COUNTY C W.LSSIONER.S OF MONROE COUN9.'Y, FLORIDA By.._...._ ...._ Mayor/Chairman (SEAL) Attest: DANNY L. KOLHAGE, CLERK By: T ep y er c AND LE" s 1 r ev Page 1 TO: Guidance Clinic of the Middle Keys Inc. 11399 Overseas Hwy. Marathon,FL 33050 C/O Dr. Livid Rico Design Manufacture Water 6 Waste Water Treatment Systems Pump Stations PRECAST PRODUCTS CO., INC. 13ROPOSAL CONTRACT IPROJEC'r: Oiidance Clinic Of They Middle Keys Wastewater Treatment System & Pump Station. January 25,1990 SIR: We propose to deliiver and install the following materials and equipment as per Engineerinq specifications. 1. One 7,500 G.P.D. Monarch Precast concrete Wastewater Treatment System lete front inlet to outlet of plant. * This system shall contain: u.SeUl ing tank capacity 2,000 gallons. b.Aeration tank capacity 7,500 gallons. c.Sludge holding tank capacity 2500 gallons. d.Chlorine Contact tank capacity 1200 gallons. e.Filter or polishing tank, 18 SF each side. f.Two Sutorbuilt blower packages & control panel. g.All plunibing and appurtenances for a complete hook up. 2. One Monarch Precast concrete Lift Station,to include: a.One six foot diameter six foot deep wet well. b.One Monarch flow splitter box. c.Two Myers 1 h.p. Vortex pumps. d.Aluminum hatch cover for lid. e. All necessary plumbing and piping. f. Disposal wells. * Flow equalization will be accomplished by pumping from Lift Station to flow splitter box. Any changes shall be cleared through Glenn Boe & Assoc. NOTES: Guidance Clinic / Genaral Contractor shall furnish: a.Suitable access to plant site. b.All necessary permits. c.Power to Monarch control panels. d.Any fencing or grass,seeding,sod. e.Order of canmencment. Awne (813) 957-7971 615 Cypress Road • Venice. Fbrida 34m Design Manufacture Water € Waste Water Treatment Systems Pump Stations PRECAST PRODUCTS CO., INC. Page ?. PROPOSAL CONTRACT January 25,1990 *Monarch shall furnish all New equipment which will meet or exceed specifcations. Total contract price and complete cost of Monarch Precast Products work under this agreement, $42,400.00 25% of total contract price upon signing this contract $10,600.00 45% of total contract price upon delivery of equipment to site $19,080.00 20% of total contract price upon completion if construction $8,480.00 10% of total contract price upon inspection by Engineer $4,240.00 Guidance Clinic shall sign Florida UCC-1 agreement when equipment is delivered. Proposed By: h/1" J .Altenburg esident,Monarch Precast Product Inc. Date: Jan. 25, 1990 Phow (813) 957-7971 d 615 Cypress Road Accepted By: vid Rice Guidance Clinic Of The Middlekeys Date: Jan. 29, 1990 a Verke. Florida 34293 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: April 18, 2007 Division: Public Works Bulk Item: Yes X No _ Department: Facilities Maintenance Staff Contact Person: John W. Kin ext 4431 AGENDA ITEM WORDING: Approval to renew a contract with Dependable Janitorial and Building Maintenance, Inc. for the janitorial services at the Big Pine Key Library, Big Pine Key, Florida. ITEM BACKGROUND: On April 30, 2007, the current contract with Dependable Janitorial will expire. In accordance with Article 6(B) of the original contract dated April 20, 2005, the Owner has the option to renew the contact for two additional one-year periods. This renewal will exercise the second option to renew. PREVIOUS RELEVANT BOCC ACTION: On April 20, 2005, the BOCC approved to award bid and enter into a contract with Dependable Janitorial and Building Maintenance, Inc. for the janitorial services at the Big Pine Key Library, Big Pine Key, Florida. On April 19, 2006, the BOCC approved the first option to renew. CONTRACT/AGREEMENT CHANGES: Renew contract for janitorial services to commence on May 1, 2007 and to expire on April 30, 2008; and an increase in cost by the CPI-U of 2.4% from $478.37 per month to $489.85 per month and from $5,740.44 per year to $5,878.21 per year. STAFF RECOMMENDATIONS: Approval as stated above. TOTAL COST: $5,878.21 per year BUDGETED: Yes X No COST TO COUNTY: $5,878.21 per year SOURCE OF FUNDS: Ad Valorem REVENUE PRODUCING: Yes _ No X AMOUNT PER MONTH Year APPROVED BY: County Atty '� OMB/Purchasing Risk Management DOCUMENTATION: Included � Not Required DISPOSITION: _ AGENDA ITEM # Revised 2/05 M E M O R A N D U M DATE: March 30, 2007 TO: Dent Pierce, Division Director Public Works FROM: John W. King, Sr. Director��� / Lower Keys Operations RE: Agenda Item — April 18, 2007 BOCC Meeting Approval to Renew Agreement — Janitorial Services for for Big Pine Key Library Dependable Janitorial and Building Maintenance, Inc. On April 30, 2007, the current agreement for janitorial services for Big Pine Key Library with Dependable Janitorial and Maintenance Building Maintenance, Inc. will expire with the final one- year option to renew. Renewal would commence on May 1, 2007 and terminate on April 30, 2008, with an increase in cost by the CPI-U of 2.4% as follows: from $478.37 to $489.85 per month, and from $5,740.44 to $5,878.21 per year. Increase reflects the percentage change in the Consumer Price Index for all urban consumers for the most recent twelve months available. I hereby recommend exercising the second of two options to renew the agreement for an additional one-year period in accordance with Item 6.B of the original agreement dated April 20, 2005. JWK/jbw Enclosures MONROE COUNTY BOARD OF COUNTY COMMISSIONERS MAR 2 2 2007 t CONTRACT SUMMARY Contract with: Dependable Janitorial Contract # Effective Date: 05/01/07 Expiration Date: 04/30/2008 Contract Purpose/Description: Janitorial services for the Big Pine Key Library, Big Pine Key, Florida Contract Manager: Jo B. Walters 4549 Facilities Maint/Stop #4 (Name) (Ext.) (Department/Stop #) for BOCC meeting on 04/18/07 Agenda Deadline: 040/3/07 CONTRACT COSTS Total Dollar Value of Contract: $ 5,878.21 Current Year Portion: $ 2,449.25 Budgeted? Yes® No ❑ Account Codes: 001-20501-530-340- Grant: $ N/A - - - - County Match: $ N/A - - - - ADDITIONAL COSTS Estimated Ongoing Costs: $ /yr For: (Not included in dollar value above) (e . maintenance. CONTRACT REVIEW utilities, janitorial, salaries, etc. Changes Date Out D,ato In Needed Reviewer Division Director 3�L'7 Yes[:] No[32 -3j-qo)o Risk Management Yes❑[� No P (c `� h O.M.B./Purchling Yes[—] No❑ County Attorney - I (0 07 Yes❑ No[—] I Comments: OMB Form Revised 2/27/01 MCP #2 CONTRACT RENEWAL (Janitorial Service at the Big Pine Key Library, Big Pine Key, Florida) THIS CONTRACT RENEWAL is made and entered into this day of April, 2007, between the COUNTY OF MONROE and DEPENDABLE JANITORIAL & BUILDING MAINTENANCE, INC., in order to renew the agreement between the parties dated April 20, 2005 and as renewed April 19, 2006, (copies of which are incorporated hereto by reference); as follows: 1. Owner will exercise a of two renewal options in accordance to Article 6 (B) of the original contract dated April 20, 2005, 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. Payment by the County to Dependable Janitorial & Building Maintenance, Inc. for the services provided increases by 2.4% from $478.37 to $489.85 per month, and from $5,740.44 to $5,878.21 per year. Increase reflects the percentage change in the Consumer Price Index for all urban consumers for the most recent twelve months available. 3. The renewed contract shall commence on May 1, 2007, and will expire on April 30, 2008. 4. In all other respects, the original agreement dated April 20, 2005 and as renewed April 19, 2006 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. Attest: Danny L. Kolhage, Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: DEPENDABLE JANITORIAL & BUILDIN CE, INC. By:"-11L4Ka UJA� — MONROE COUNTY ATTORNEY n PPROVED AS TO F�% 7tJ 140^10 s rl)ATIIEENE W. CASSEL ASSISTANT COUjVTY ATTORNEY Date 3• -71, G j CLAt1M 4A-,4 `� W sot a0iploped, llldirOd aradon as ibft bail K4NT hrIM r Caraiyallim ar envloyee in violation of Seod= 2 of t>tdieasoe Na 10'1990 alas► Caaaty adboer ar pep in violation of Udioa 3 OtOWIn aos No,1O-1990. Far bm" or i ioislioo airs provision the County my, is its oa4, larf�iaals tiis arn■�raotwift t lditp and My also, in its discretion, dubd OM do ooaftw ar pat+�A M p im ar alltar min teoa An full amount of any fee, o0altaiNW4 percentage, Sift, or consideration paid to the former County officer or employee. PERSONMLY A!lBAl M MERM >If111► to 9i Mh% ailw &*being swam by xm aWoed Dial w %••e afadivida l Ow") i.doapaospaovidedaboeeaaibis �d1w of 2OgL 6�4; A�� - L; NOri'ARY PUKJC 104, MY ammi0aioa M, p, �arnoa�ras�ar R[4 ObB•MC!PiO1R11[Ot0A1"'�'°�'" saM•'oet Na00le617s 23 CONTRACT RENEWAL (Janitorial Service at the Big Pine Key Library, Big Pine Key, Florida) THIS ONTRACT RENEWAL is made and entered into this / f ' day of , 2006, between the COUNTY OF MONROE and DEPENDABLE JANIT RIAL & BUILDING MAINTENANCE, INC., in order to renew the agreement between the parties dated April 20, 2005, (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 April 20, 2005, 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 May 1, 2006, and will expire on April 30, 2007. 3. In all other respects, the original agreement dated April 20, 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. Attest: Danny L. Kolhage, Clerk BOARD OF COLNV COMMISSIONERS OF MONROE CO' , FLORIDA By: DEPENDABLE JANITORIAL & Witness:�� a---BUILDIN ANCE, INC. / - 3 v witness: By: c � x rCir'�< x a (n C "' MONROE COUNTY ATTORNEY `~ Ln D rri A ROVE AS TO FORM: A ILEENE W. CASSEL ASSISTANT COUNTY ATTORNEY N z a s rn C) -n 0 �o �1 r77 0 C3 n-5 MAY -3 PM I= c6 i�►r�� 'f L. KOLHAL-3: CLK. C1R. CT. CONTRACT MONROE COUNTX FLA r THIS AGREEMENT, made and entered into this 2CP day of April, 2005, A.D., by and between MONROE COUNTY, FLORIDA , (hereinafter sometimes call the "owner"), and Dependable Janitorial & Building Maintenance, Inc. (hereinafter called the "Contractor"). That the parties hereto, for the consideration hereinafter set forth, mutually agree as follow: 1. 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 THE WORK The Contractor shall provide janitorial services, including all necessary supplies and equipment required in the performance of same, and perform all of the work described in paragraph 40, and as entitled: JANITORIAL SERVICES BIG PINE KEY LIBRARY BIG PINE KEY, FLORIDA And his bid dated March 8, 2005, attached hereto and incorporated as part of this contract document. The specifications shall serve as minimum contract standards, and shall be the psis of inspection and acceptance of all the work. 4. 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 30'h day of the following month in each of twelve months. The Contractor shall invoice the County monthly for janitorial services performed under the specifications contained herein. The Contract amount shall be as stated by the contractors proposal as follows: $5,541.00 per year, $461.75 per month. 5. 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 conWned 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 janitorial 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. b. TERM OF CONTRACT/RENEWAL A. This contract shall be for a period of one (1) year, commencing Ma 1, 2005, and terminating April 30, 2M• 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. 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 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. 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 his/her 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 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, winch 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. 11. COMPLIANCE WITH 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. 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 The minimum limits acceptable shall be $300,000 Combined Single Limit If split limits are provided, the minimum limits acceptable shall be: $100,000 per person; $300,000 per Occurrence; and $50,000 Property Damage. An Occurrence Form policy is preferred. If coverage is provided on a CIaims 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 ADDITIONAL INSURED. B. Vehicle Liability — include as a minimum: • Owned, Non -Owned, and Hired Vehicles The minimum limits acceptable shall be $100,000 Combined Single Limit If split limits are provided, the minimum limits acceptable shall be: $50,000 per Person; $100,000 per Occurrence; and $25,000 Property Damage. MONROE COUNTY BOARD OF COUNTY COMMISSIONERS MUST BE NAMED AS ADDITIONAL 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 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 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. Employee Dishonesty The Contractor Shall purchase and maintain, throughout the term of the contract, Employee Dishonesty Insurance which will pay for losses to County property or money caused by the fraudulent or dishonest acts of the Contractor's employees or its agents, whether acting alone or in collusion of others. The minimum limits shall be: $10,000 per Occurrence 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 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. 4 1. PROFESSIONAL RESPONSIBILITY 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. 2. 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 16. CANCELLATION FOR CONTRACTOR Dependable Janitorial and Building Maintenance, Inc. P.O. Box 2546 Key Largo, FL 33037 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 the 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 (60) 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 in the appropriate court or before the appropriate administrative body in Monroe County, Florida. The County and Contractor agree that, in the event of conflicting interpretation 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 proceeding. 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. If an 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 fiullest 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, 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. 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 fimds 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 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 motive or legal proceeding 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) 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. 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 of, this Agreement. Monroe County Code Ch. 13, Art. V1, prohibiting discrimination on the basis of race, color, sex, religion, disability, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age. 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 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 Statues, 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 SOLICITATIONMAYMENT 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. 34. PUBLIC ACCESS The County and Contractor 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 Statues, 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 EMMUNITY Notwithstanding the provisions of Sec. 286.28, Florida Statues, 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 EMMI JNTTIES 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 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 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 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-PARTIES No person or entity shall be entitled to rely upon the terms, or any of them, of the 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 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. 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 any of the parties hereto may execute this Agreement by signing any such counterpart. 38. SECTION READINGS 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. 40. SPECIFICATIONS The Contractor shall furnish janitorial service, including all necessary supplies, equipment, and safety devices required in the performance of same for the Big Pine Key Library, located at the Big Pine Key Shopping Plaza, consisting of approximately 3,600 s.f. 1. Restroom Sanitation shall include the following on a daily basis: a. All Floors swept, loose dirt removed. b. Wash and disinfect floor C. Stall partitions damp cleaned. d. All commodes, urinals, basins and vanities shall be scoured and disinfected. e. All urinal traps shall be specially cleaned and disinfected. f. All sanitary napkin receptacles will be cleaned, waste disposed, and disinfected. g. All supplies shall be replaced (paper goods, soap, etc.). All other work necessary to maintain a clean and sanitary condition in these restrooms shall be accomplished, whether it is specifically noted in these specifications or not. NOTE: The Big Pine Key Library has 1 male public restroom with 1 toilet and 1 urinal, 1 female public restroom with 2 toilets, and 1 staff restroom with 1 toilet. 2. All sinks and water fountains outside the restroom areas are to be cleaned daily. Water fountains are to be polished periodically. 3. General Cleaning shall be completed daily, and should include the following: a. All file floors are to be dusted and mopped. b. All furniture and furnishings to be dusted and spot cleaned. C. Low ledges, sills, rails, tables, shelving, baseboards, etc. to be wiped with a damp cloth to reduce the amount of dust in the building. d. All trash receptacles emptied, and trash can liners replaced. a. All upholster furniture to be vacuumed. b. All carpeting shall be vacuumed with a powerful BEPA vacuum, such as the Orik. 4. Weekly janitorial services to include: a. All glass partitions, doors, mirrors, windows, etc. to be cleaned and/or polished. b. Obvious scuff marks shall be removed from resilient flooring. C. All door vents cleaned 5. Monthly janitorial services to include: a. All high dusting (i.e. pictures, door frames, air vents, tops of book shelves, etc.) b. All walls dusted monthly C. All air conditioning vents, supply and return air grilles cleaned. a. The Contractor shall insure all exterior doors are locked while they are servicing the building and upon their departure. b. All blinds dusted (both sides) 6. Janitorial services will be 4 days a week, Tuesday thru Friday (excluding holidays), beginning at or around 8:00 a.m. and completing no later than 10:00 a.m. 7. Coordination of the work with the County area representative shall be the responsibility of the Contractor. The Contractor shall perform the work during hours and time as specified. 8. Keys shall be issued to the Contractor by the area representative at the start of the Contract. Written confirmation of receipt of keys shall be signed by the Contractor. The Contractor shall return all keys as issued upon expiration of the contract or termination. 9. The contractor shall be responsible for the cost of changing locks, etc., for all keyed secured areas for which the Contractor does not return the keys. 10 10. The Contractor shall report any problems regarding open doors and/or vandalism to the Facilities Maintenance Department. 11. The Contractor shall provide all supplies necessary for the cleaning performance of his work under the contract. All supplies, including but not limited to, hand soap, paper towels, toilet paper, and trash can liners, shall be supplied by the Contractor. 12. Additional Services: (To be performed once in every three month period, and shall be included in the bidding price. 13. The Contractor shall insure all exterior doors are locked upon their departure. A. Resilient Flooring shall be swept/dust mopped and stripped After application of three coats of wax, areas shall be buffed sufficiently for maximum gloss and uniform sheen from wall to wall, including corners. The waxed floor shall present a clean appearance free from scuff marks or dirt smears. Furniture and/or other equipment moved during floor stripping and waxing shall be returned to their original positions. B. Dry Cleaning, Steam Cleaning, or Shampooing Carpets and Rugs shall be vacuumed of all loose soil and debris prior to cleaning, and shall be free of streaks, stains and spots, and shall have a bright uniform color upon completion of dry cleaning, steam cleaning or shampooing. "NREOF the parties hereto have executed this Agreement on the day and date first written zXrparts, each of which shall, without proof or accounting for the other counterparts, be c t, . Y tract. 71 t- BOARD OF COUNTY COMMISSIONERS kOLHAGE, CLERK OF MONROE COUNTY, FLOIDA By: By: Deputy Clerk � j� �' Date: y-o3 0 - 0 s k (SEAL) Attest: By: WITNESS Title: By: WM" Title: CONTRACTOR DepenixLI anitorial & Maintenance, Inc. By: Title: MONROE COUNTY ATTORNEY VED AS T M: ZAN E A. TTON ASSIS ANT C�I �TYi� TSORNEY Date 1 S 11 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: April 18, 2007 Division: Public Works Bulk Item: Yes X No _ Department: Facilities Maintenance Staff Contact Person: John W. Kin ext 4431 AGENDA ITEM WORDING: Approval to renew a contract with Dependable Janitorial and Building Maintenance, Inc. for the janitorial services at the George Dolezal Library, Marathon, Florida. ITEM BACKGROUND: On April 30, 2007, the current contract with Dependable Janitorial will expire. In accordance with Article 6(B) of the original contract dated April 20, 2005, the Owner has the option to renew the contact for two additional one-year periods. This renewal will exercise the second option to renew. PREVIOUS RELEVANT BOCC ACTION: On April 20, 2005, the BOCC approved to award bid and enter into a contract with Dependable Janitorial and Building Maintenance, Inc. for the janitorial services at the George Dolezal Library in Marathon. On April 19, 2006, the BOCC approved the first option to renew. CONTRACT/AGREEMENT CHANGES: Contract for janitorial services to commence on May 1, 2007 and to expire on April 30, 2008; and an increase in cost by the CPI-U of 2.4% from $632.40 per month to $647.57 per month and from $7,588.74 per year to $7,770.87 per year. STAFF RECOMMENDATIONS: Approval as stated above. TOTAL COST: $7,770.87 per year BUDGETED: Yes X No _ COST TO COUNTY: _$7,770.87 per year SOURCE OF FUNDS: Ad Valorem REVENUE PRODUCING: Yes No X AMOUNT PER MONTH Year APPROVED BY: County Atty V OMB/Purchasing Risk Management DOCUMENTATION: Included C Not Required DISPOSITION: AGENDA ITEM # Revised 2/05 M E M O R A N D U M DATE: March 30, 2007 TO: Dent Pierce, Division Director Public Works FROM: John W. King, Sr. Director Lower Keys Operations RE: Agenda Item — April 18, 2007 BOCC Meeting Approval to Renew Agreement — Janitorial Services for for George Dolezal Library, Marathon Dependable Janitorial and Building Maintenance, Inc. On April 30, 2007, the current agreement for janitorial services for George Dolezal Library with Dependable Janitorial and Maintenance Building Maintenance, Inc. will expire with the final one- year option to renew. Renewal would commence on May 1, 2007 and terminate on April 30, 2008, with an increase in cost by the CPI-U of 2.4% as follows: from $632.40 to $647.57 per month, and from $7,588.74 to $7,770.87 per year. Increase reflects the percentage change in the Consumer Price Index for all urban consumers for the most recent twelve months available. I hereby recommend exercising the second of two options to renew the agreement for an additional one-year period in accordance with Item 63 of the original agreement dated April 20, 2005. JWK/jbw Enclosures MONROE COUNTY BOARD OF COUNTY COMMISSIONERS I MAR 2 2 Z007 fG i CONTRACT SUMMARY - Contract with: Dependable Janitorial Contract # Effective Date: 05/01 /07 Expiration Date: 04/30/2008 Contract Purpose/Description: Janitorial services for the George Dolezal Library, Marathon Contract Manager: Jo B. Walters 4549 Facilities Maint/Sto #4 (Name) (Ext.) (Department/Stop #) for BOCC meeting on 4/18/07 Agenda Deadline: 040/3/07 CONTRACT COSTS Total Dollar Value of Contract: $ 7,770.87 Current Year Portion: $ 3,237.85 Budgeted? Yes® No ❑ Account Codes: 001-20501-530-340- Grant: $ N/A - - - - County Match: $ N/A - - - - ADDITIONAL COSTS Estimated Ongoing Costs: $ /yr For: (Not included in dollar value above) (e . maintenance, CONTRACT REVIEW etc. Changes Division Director Date In �c9 Needed RevieAver Yes❑ NoRl", y Risk Management 3_ Yes❑ NoEj-' O.M.B./Purch mg 3L:?6L -�)7 Yes[:] No❑ County Attorney ��� �% Yes[:] No[v]' .24 d. ('�.�-/' I Cc OMB Form Revised 2/27/01 MCP #2 Date Out CONTRACT RENEWAL (Janitorial Service at the George Dolezal Library, Marathon, Florida) THIS CONTRACT RENEWAL is made and entered into this day of April, 2007, between the COUNTY OF MONROE and DEPENDABLE JANITORIAL & BUILDING MAINTENANCE, INC., m order to renew the agreement between the parties dated April 20, 2005 and as renewed April 19, 2006, (copies of which are incorporated hereto by reference); as follows: 1. Owner will exercise the�t of two renewal options in accordance to Article 6 (B) of the original contract dated April 20, 2005, and adjust the contract amount m accordance with the percentage change m the Consumer Price Index for all urban consumers (CPI-U) for the most recent twelve months available. 2. Payment by the County to Dependable Janitorial & Building Maintenance, Inc. for the services provided increases by 2.4% from $632.40 to $647.57 per month, and from $7,588.74 to $7,770.87 per year. Increase reflects the percentage change in the Consumer Price Index for all urban consumers for the most recent twelve months available. 3. The renewed contract shall commence on May 1, 2007, and will expire on April 30, 2008. 4. In all other respects, the original agreement dated April 20, 2005 and as amended remains m full force and effect. IN WITNESS WHEREOF, the parties have hereunto 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 LIM U: DEPENDABLE JANITORIAL & BUILD MAIN CE, INC. By: w zg �cc OO Q� Da OUJ UJ 0> w0 ¢a Z a 0 CLAMS '� d� l+elit 11a� �Ot a�pl0y�ed, tafa�ed or W l and sat ca hWft belrlf aey >3ac=W Ca®ty al6t w ar employee in violation of Sad= 2 of OsOwmw No.10-1"O or my {',Dusty 06SM at =91 ym in violation of Seoti= 3 afOtdbowe No.1Q-1990. Far ben& at tiioiatioo afdde provision the County may, is its i Unni b dib aoeda0t ilbOOt and way also, in its discretion, deduct fk= ffie coat:w arpj w—ds p iM ac cerise to full amount of any fee, 00 ^ Pc="e, gift, or consideration paid to the former County officer or employee. ' PERSONALLY APPEARW E MXtea may. wbk SAW &A bmg sworn by m4 s,Wed W&w (=Me im vidw iRto apace p wvided *am onOsday of - -- T-J.. e 2 Oj Q M'j. NOrIARY PUMiC bty coomdnioa aocpine� ....� t�J11 fta/E JOIr1�OM KowraasRsea.aao�e� aooe OMB -MC! FORM" uoaW e6aDD 111a ao CONTRACT RENEWAL (Janitorial Service at the George Dolezal Library, Marathon, Florida) Atli _nHS.CONTRACT RENEWAL is made and entered into this / / `� day of 64AJ 2006, between the COUNTY OF MONROE and DEPENDABLE JARiT6RIAL & BUILDING MAINTENANCE, INC., in order to renew the agreement between the parties dated April 20, 2005, (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 April 20, 2005, and adjust the contract amount in accordance with the percentage change in the Consumer Price Index for all urban consumers (CPI -LT) for the most recent twelve months available. 2. The renewed contract shall commence on May 1, 2006, and will expire on April 30, 2007. 3. In all other respects, the original agreement dated April 20, 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. Attest: Danny L. Kolhage, Clerk BOARD OF CO COMMISSIONERS OF MONROE CT, FLORIDA g n.c By: — DEPENDABLE JANITORIAL & Witness: BUILDIN MAINTMWCE, INC. 3 v a Witness' ' By: z one C7 C") c -x CD MONROE COUNTY ATTORNE / -� APPROVED AS TO�OR n M ATI EENE W. CASSEL ASSISTANT UNT ATTORNEY Date N 0 0 v. Z i a 0 r- M _n Q W c� Co v CONTRACT THIS AGREEMENT, made and entered into this 20`' day of April, 2005, A.D., by and between MONROE COUNTY, FLORIDA , (hereinafter sometimes call the "owner"), and Dependable Janitorial and Building Maintenance, Inc. (hereinafter called the "Contractor"). That the parties hereto, for the consideration hereinafter set forth, mutually agree as follow: 1. 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 THE WORK s The Contractor shall provide janitorial services, including all necessary supplies a@ p�nt rt4uired in the performance of same, and perform all of the work described in paragraph 40 a deli Mx JANITORIAL SERVICES c7 • r— GEORGE DOLEZAL LIBRARY z MARATHON, FLORIDA _ -n v i C') ,-73 � -10 cD And his bid dated March 8, 2005, attached hereto and incorporated as part of this contract document. The specifications shall serve as minimum contract standards, and shall be the basis of inspection and acceptance of all the work. 4. 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 3e day of the following month in each of twelve months. The Contractor shall invoice the County monthly for janitorial services performed under the specifications contained herein. The Contract amount shall be as stated by the contractors proposal as follows: $7,325.04 per year, $610.42 per month. 5. 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. 2 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 janitorial 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/RENEWAL A. This contract shall be for a period of one (1) year, commencing May 1, 2005, and terminating Apri130, 2006. 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. 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 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. 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 his/her 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 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. 11. COMPLIANCE WITH 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. 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 The minimum limits acceptable shall be $300,000 Combined Single Limit If split limits are provided, the minimum limits acceptable shall be: $100,000 per person; $300,000 per Occurrence; and $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 months following the acceptance of work by the County. MONROE COUNTY BOARD OF COUNTY COMMISSIONERS MUST BE NAMED AS ADDITIONAL INSURED. B. Vehicle Liability — include as a minimum: • Owned, Non -Owned, and Hired Vehicles The minimum limits acceptable shall be $100,000 Combined Single Limit If split limits are provided, the minimum limits acceptable shall be: $50,000 per Person; $100,000 per Occurrence; and $25,000 Property Damage. MONROE COUNTY BOARD OF COUNTY COMMISSIONERS MUST BE NAMED AS ADDITIONAL 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 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 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 fiord, 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. Employee Dishonesty The Contractor Shall purchase and maintain, throughout the term of the contract, Employee Dishonesty Insurance which will pay for losses to County property or money caused by the fraudulent or dishonest acts of the Contractor's employees or its agents, whether acting alone or in collusion of others. The minimum limits shall be: $10,000 per Occurrence 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 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. PROFESSIONAL RESPONSIBILITY 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. 2. 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 16. CANCELLATION FOR CONTRACTOR Dependable Janitorial and Building Maintenance, Inc. P.O. Box 2546 Key Largo, FL 33037 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 the 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 (60) 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 in the appropriate court or before the appropriate administrative body in Monroe County, Florida. The County and Contractor agree that, in the event of conflicting interpretation 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 proceeding. 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. If an 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, 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. 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. [►��1`JI��li1;7lf� 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 fimding 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 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 parry 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 administrative or legal proceeding 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) 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. 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 of, this Agreement. Monroe County Code Ch. 13, Art. VI, prohibiting discrimination on the basis of race, color, sex, religion, disability, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age. 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 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 Statues, 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 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, 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 of, all documents, papers, letters or other materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statues, 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 Statues, 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 IM04UNITIES 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 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 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 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-PARTIES No person or entity shall be entitled to rely upon the terms, or any of them, of the 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 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. 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 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. 40. SPECIFICATIONS The Contractor shall furnish janitorial service, including all necessary supplies, equipment, and safety devices required in the performance of same for the George Dolezal Library, located at 3251 Overseas Highway, Marathon Florida, consisting of approximately 7,028 s.f. 1. Restroom Sanitation shall include the following on a daily basis: a. All Floors swept, loose dirt removed. b. Wash and disinfect floor C. Stall partitions damp cleaned. d. All commodes, urinals, basins and vanities shall be scoured and disinfected. 10 e. All urinal traps shall be specially cleaned and disinfected. f. All sanitary napkin receptacles will be cleaned, waste disposed, and disinfected. a. All supplies shall be replaced (paper goods, soap, etc.). All other work necessary to maintain a clean and sanitary condition in these restrooms shall be accomplished, whether it is specifically noted in these specifications or not. NOTE: Marathon Library has I male public restroom with 1 toilet and 1 urinal, 1 female public restroom with 2 toilets, and 1 employee restroom with one toilet. 2. All sinks and water fountains outside the restroom areas are to be cleaned daily. Water fountains are to be polished periodically. 3. General Cleaning shall be completed daily, and should include the following: a. All tile floors are to be dusted and mopped. b. All furniture and furnishings to be dusted and spot cleaned. C. Low ledges, sills, rails, tables, shelving, baseboards, etc. to be wiped with a damp cloth to reduce the amount of dust in the building. a. All trash receptacles emptied, and trash can liners replaced. b. All upholster furniture to be vacuumed. C. All carpeting shall be vacuumed with a powerful HEPA vacuum, such as the Orik. 4. Weekly janitorial services to include: a. All glass partitions, doors, mirrors, windows, etc. to be cleaned and/or polished. b. Obvious scuff marks shall be removed from resilient flooring. C. All door vents cleaned. 5. Monthly janitorial services to include: a. All high dusting (i.e. pictures, door frames, air vents, tops of book shelves, etc.) b. All walls dusted monthly C. All air conditioning vents, supply and return air grilles cleaned. 6. The Contractor shall insure all exterior doors are locked while they are servicing the building and upon their departure. 7. Janitorial services will be 5 days a week, Monday thru Friday (excluding holidays), anytime between 8:00 p.m. and completed before 10:00 am. 8. Coordination of the work with the County area representative shall be the responsibility of the Contractor. The Contractor shall perform the work during hours and time as specified. 9. Keys shall be issued to the Contractor by the area representative at the start of the Contract. Written confirmation of receipt of keys shall be signed by the Contractor. The Contractor shall return all keys as issued upon expiration of the contract or termination. 10. The contractor shall be responsible for the cost of changing locks, etc., for all keyed secured areas for which the Contractor does not return the keys. 11 11. The Contractor shall report any problems regarding open doors and/or vandalism to the Facilities Maintenance Department. 12. The Contractor shall provide all supplies necessary for the cleaning performance of his work under the contract. All supplies, including but not limited to, hand soap, paper towels, toilet paper, and trash can liners, shall be supplied by the Contractor. 13. Additional Services: (Shall be performed once in every three month period, and shall be included in the bidding price.) A. Resilient Flooring shall be swept/dust mopped and stripped. After application of three coats of wax, areas shall be buffed sufficiently for maximum gloss and uniform sheen from wall to wall, including corners. The waxed floor shall present a clean appearance free from scuff marks or dirt smears. Furniture and/or other equipment moved during floor stripping and waxing shall be returned to their original positions. B. Dry Cleaning, Steam Cleaning, or Shampooing Carpets and Rugs shall be vacuumed of all loose soil and debris prior to cleaning, and shall be fi-ee of streaks, stains and spots, and shall have a bright uniform color upon completion of dry cleaning, steam cleaning or shampooing. IN 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. (SEAL) Attest: DANNY L. KOLHAGE, CLERK BY:,,..., . t; T*" clerk Date: 17 yl - a►o -o S"' (SEAL) Attest: By: WITNESS Title: By: SS Title: BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLOIDA By:9`u Mayor/Chahmiaa- CONTRACTOR Maintenance, Inc. MONROE COUNTY ATT RN VED AS R ZA NE . TTON ISTANT 0 Ty 0 EY gate 12 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: April 18, 2007 Division: Public Works Bulk Item: Yes X No _ Department: Facilities Maintenance Staff Contact Person: John W. Kin ext 4431 AGENDA ITEM WORDING: Approval to renew a contract with Dependable Janitorial and Building Maintenance, Inc. for the janitorial services at the Islamorada Library, Islamorada, Florida. ITEM BACKGROUND: On April 30, 2007, the current contract with Dependable Janitorial will expire. In accordance with Article 6(B) of the original contract dated April 20, 2005, the Owner has the option to renew the contact for two additional one-year periods. This renewal will exercise the second option to renew. PREVIOUS RELEVANT BOCC ACTION: On April 20, 2005, the BOCC approved to award bid and enter into a contract with Dependable Janitorial and Building Maintenance, Inc. for the janitorial services at the Islamorada Library, Islamorada, Florida. On April 19, 2006, the BOCC approved the first option to renew. CONTRACT/AGREEMENT CHANGES: Contract for janitorial services to commence on May 1, 2007 and to expire on April 30, 2008; and an increase in cost by the CPI-U of 2.4% from $567.54 per month to $581.16 per month and from $6,810.50 per year to $6,973.95 per year. STAFF RECOMMENDATIONS: Approval as stated above. TOTAL COST: $6,973.95 per year BUDGETED: Yes X No COST TO COUNTY: $6,973.95 per year SOURCE OF FUNDS: Ad Valorem REVENUE PRODUCING: Yes _ No X AMOUNT PER MONTH Year APPROVED BY: County Atty ✓ OMB/Purchasing Risk Management DOCUMENTATION: Included _72_1S_ Not Required DISPOSITION: Revised 2/05 AGENDA ITEM # M E M O R A N D U M DATE: March 30, 2007 TO: FROM: Dent Pierce, Division Director Public Works John W. King, Sr. Director Lower Keys Operations 91___1_1. 9-- - RE: Agenda Item — April 18, 2007 BOCC Meeting Approval to Renew Agreement — Janitorial Services for for Islamorada Library Dependable Janitorial and Building Maintenance, Inc. On April 30, 2007, the current agreement for janitorial services for the Islamorada Library with Dependable Janitorial and Maintenance Building Maintenance, Inc. will expire with the final one- year option to renew. Renewal would commence on May 1, 2007 and terminate on April 30, 2008, with an increase in cost by the CPI-U of 2.4% as follows: from $567.54 to $581.16 per month, and from $6,810.50 to $6,973.95 per year. Increase reflects the percentage change in the Consumer Price Index for all urban consumers for the most recent twelve months available. I hereby recommend exercising the second of two options to renew the agreement for an additional one-year period in accordance with Item 6.13 of the original agreement dated April 20, 2005. JWK/jbw Enclosures MONROE COUNTY BOARD OF COUNTY COMMISSIONERS MAR 2 2 Z007 i E CONTRACT SUMMARY Contract with: Dependable Janitorial Contract # Effective Date: 05/01/07 Expiration Date: 04/30/2008 Contract Purpose/Description: Janitorial services for the Islamorada Library, Islamorada, Florida Contract Manager: Jo B. Walters 4549 Facilities Maint/Stop #4 (Name) (Ext.) (Department/Stop #) for BOCC meeting on 04/19/07 Agenda Deadline: 04/03/07 CONTRACT COSTS Total Dollar Value of Contract: $ 6,973.95 Current Year Portion: $ 2,905.80 Budgeted? Yes® No ❑ Account Codes: 001-20501-530-340- Grant: $ N/A - - - County Match: $ N/A - - - - ADDITIONAL COSTS Estimated Ongoing Costs: $ /yr For: (Not included in dollar value above) (eg. maintenance, CONTRACT REVIEW etc. Changes Date Out ate In Needed v'ewer Division Director 3 C� Yes❑ No[ 6'7 Risk Man e eent a0501 Yes❑ Nocd O.M.B./Pur asing 3 2ls C� Yes❑ No❑ j( County Attorney �� 0� Yes[:] Noa Comments: OMB Form Revised 2/27/01 MCP #2 CONTRACT RENEWAL (Janitorial Service at the Islamorada Library, Islamorada, Florida) THIS CONTRACT RENEWAL is made and entered into this day Of April, 2007, between the COUNTY OF MONROE and DEPENDABLE JANITORIAL & BUILDING MAINTENANCE, INC., m order to renew the agreement between the parties dated April 20, 2005 and as renewed April 19, 2006, (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 April 20, 2005, and adjust the contract amount m accordance with the percentage change m the Consumer Price Index for all urban consumers (CPI-U) for the most recent twelve months available. 2. Payment by the County to Dependable Janitorial & Building Maintenance, Inc. for the services provided increases by 2.4% from $567.54 to $581.16 per month, and from $6,810.50 to $6,973.95 per year. Increase reflects the percentage change m the Consumer Price Index for all urban consumers for the most recent twelve months available. 3. The renewed contract shall commence on May 1, 2007, and will expire on April 30, 2008. 4. In all other respects, the original agreement dated April 20, 2005 and as renewed April 19, 2006 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. Attest: Danny L. Kolhage, Clerk I: u • 1 i��j�-,•1� I 0 X BOARD OF COUNTY COMMISSIONERS m OF MONROE COUNTY, FLORIDA X 0 z 33 0 m 0 0 c z 0 3D z m zCLr�1t7S8 galtw.6-0, doe Imilt 1di dmpbyOd, rp Iair tned ado "M Ind ad as as bbft b&WSMy fmw 0MMY 4911w or employee in violation of Seor = 2 of Ordimmm No.10.1990 army Cowaty offim at eaployee in violation of Section 3 of O>dunoe Na 10-1990. For bm& or i iobd of ddt provision the County may. n its won, terms 1 k COMM wit M il- A ffily Midway also, in its discretion, $'00 tlbeaoatiaaz atporo" a- price► ar 0awty do full amount of any fee, percentage, gift, or consideration paid to the former County officer or employee. PMONALLYAPPLUM g M, the . .' �15 a13mr8rstbeiaS amorn by mq SW d der (NMO afW*Vi&d iathe space pmvided above antes _� diw of 2QQ5. J NOTARY PUBU C My onnisaon BUA ROES JOHW li No11ry RYR 3t�d Fbidr ObtB • lliCt POR11t dt my0p1�'0ow>� 1t X0d Na W 3a3M CONTRACT RENEWAL (Janitorial Service at the Islamorada Library, Islamorada, Florida) THIS CONTRACT RENEWAL is made and entered into this 19AY day of , 2006, between the COUNTY OF MONROE and DEPENDABLE JANITORIAL & BUILDING MAINTENANCE, INC., m order to renew the agreement between the parties dated April 20, 2005, (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 April 20, 2005, and adjust the contract amount in accordance with the percentage change m the Consumer Price Index for all urban consumers (CPI-U) for the most recent twelve months available. 2. The renewed contract shall commence on May 1, 2006, and will expire on April 30, 2007. 3. In all other respects, the original agreement dated April 20, 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. Attest: Danny L. Kolhage, Clerk BOARD OF COUN Y COMMISSIONERS OF MONROE COWY, FLORIDA B By: DEPENDABLE JANITORIAL & Witne BUiLDIN CE, INC. wits ay: Cb . N z 3> MONROE COUNTY ATTORNEY CDr_ AP ROVED AS TO FORIW �o NATILEF-NE W. CASSEL $StSTANT COUNTY ATT RNEY 7n-4y = Date -� — am- t? o r D M O CONTRACT THIS AGREEMENT, made and entered into this 200' day of April, 2005, A.D., by and between MONROE COUNTY, FLORIDA , (hereinafter sometimes can the "owner'), and Dependable Janitorial and Building Maintenance, Inc. (hereinafter called the "Contractor'). That the parties hereto, for the consideration hereinafter set forth, mutually agree as follow: 1. 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 THE WORK The Contractor shall provide janitorial services, including all necessary supplies e4tlipt required and in the performance of same, and perform all of the work described in paragraph c�fc_ as 4tiec E x= JANITORIAL SERVICES M;K ISLAMORADA LIBRARY � ISLAMORADA, FLORIDA �'�' " +° a n f And his bid dated March 8, 2005, attached hereto and incorporated as part of this contraTdo dment. The specifications shall serve as minimum contract standards, and shall be the basis of inspection and acceptance of all the work. 4. 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 3& day of the following month in each of twelve months. The Contractor shall invoice the County monthly for janitorial services performed under the specifications contained herein. The Contract amount shall be as stated by the contractors proposal as follows: $6,573.84 per year, $547.82 per month. 5. 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 janitorial 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/RENEWAL A. This contract shall be for a period of one (1) year, commencing May 1.2005, and terminating Apdl30 2006. 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-L)) for the most recent twelve (12) 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 of its Subcontractors) 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. & 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. 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. ASSIGNMENTISUBCONTRACT 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. 11. COMPLIANCE WITH 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. 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 The minimum limits acceptable shall be $300,000 Combined Single Limit If split limits are provided, the minimum limits acceptable shall be: $100,000 per person; $300,000 per Occurrence; and $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 months following the acceptance of work by the County. MONROE COUNTY BOARD OF COUNTY COMMISSIONERS MUST BE NAMED AS ADDITIONAL INSURED. B. Vehicle Liability — include as a minimum: 4 • Owned, Non -Owned, and Hired Vehicles The minimum limits acceptable shall be $100,000 Combined Single Limit If split limits are provided, the minimum limits acceptable shall be: $50,000 per Person; $100,000 per Occurrence; and $25,000 Property Damage. MONROE COUNTY BOARD OF COUNTY COMMISSIONERS MUST BE NAMED AS ADDITIONAL 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 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 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 fiord, 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. Employee Dishonesty The Contractor Shall purchase and maintain, throughout the term of the contract, Employee Dishonesty Insurance which will pay for losses to County property or money caused by the fraudulent or dishonest acts of the Contractor's employees or its agents, whether acting alone or in collusion of others. The minimum limits shall be: $10,000 per Occurrence 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 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. W 1. PROFESSIONAL RESPONSIBILITY 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. 2. 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 16. CANCELLATION FOR CONTRACTOR Dependable Janitorial and Building Maintenance, Inc. P.O. Box 2546 Key Largo, FL 33037 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 the 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 (60) 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 he in the appropriate court or before the appropriate administrative body in Monroe County, Florida. The County and Contractor agree that, in the event of conflicting interpretation 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 proceeding. 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. If an 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, 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. 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 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 administrative or legal proceeding 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) 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 1695-1686), 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 VM of the Civil Rights Act of 1968 (42 USG 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 of, this Agreement. Monroe County Code Ch. 13, Art. VI, prohibiting discrimination on the basis of race, color, sex, religion, disability, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age. 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 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 Statues, 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 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, individual, or fine, 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 of, all documents, papers, letters or other materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statues, 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 Statues, 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 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 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 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-PARTIES No person or entity shall be entitled to rely upon the terms, or any of them, of the 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 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. 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 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. 40. SPECIFICATIONS The Contractor shall furnish janitorial service, including all necessary supplies, equipment, and safety devices required in the performance of same for the Islamorada Library, located at 2331 Overseas Highway, Islamorada Florida, consisting of approximately 5,699 s.£ 1. Rest mm Sanitation shall include the following on a daily basis: a. All Floors swept, loose dirt removed. b. Wash and disinfect floor C. Stall partitions damp cleaned d. All commodes, urinals, basins and vanities shall be scoured and disinfected. 10 e. All urinal traps shall be specially cleaned and disinfected. f All sanitary napkin receptacles will be cleaned, waste disposed, and disinfected. a. All supplies shall be replaced (paper goods, soap, etc.). All other work necessary to maintain a clean and sanitary condition in these restrooms shall be accomplished, whether it is specifically noted in these specifications or not. NOTE: Islamorada Library has 1 male public restroom with 2 toilets and 1 urinal, and 1 female public restroom with 3 toilets. 2. All sinks and water fountains outside the restroom areas are to be cleaned daily. Water fountains are to be polished periodically. 3. General Cleaning shall be completed daily, and should include the following: a. All tile floors are to be dusted and mopped. b. All furniture and furnishings to be dusted and spot cleaned. C. Low ledges, sills, rails, tables, shelving, baseboards, etc. to be wiped with a damp cloth to reduce the amount of dust in the building. d. All trash receptacles emptied, and trash can liners replaced. e. All upholster furniture to be vacuumed. f All carpeting shall be vacuumed with a powerful HEPA vacuum, such as the Orik. 4. weekly janitorial services to include: a. All glass partitions, doors, mirrors, windows, etc. to be cleaned and/or polished. b. Obvious scuff marks shall be removed from resilient flooring. C. All door vents cleaned. 5. Monthly janitorial services to include: a. All high dusting (i.e. pictures, door frames, air vents, tops of book shelves, etc.) b. All walls dusted monthly C. All air conditioning vents, supply and return air grilles cleaned. 6. The Contractor shall insure all exterior doors are locked while they are servicing the building and upon their departure. 7. Janitorial services will be 5 days a week, Monday thru Friday (excluding holidays), anytime between the hours of 8:00 p.m. and completion before 10:00 a.m. 8. Coordination of the work with the County area representative shall be the responsibility of the Contractor. The Contractor shall perform the work during hours and time as specified. 9. Keys shall be issued to the Contractor by the area representative at the start of the Contract. Written confirmation of receipt of keys shall be signed by the Contractor. The Contractor shall return all keys as issued upon expiration of the contract or termination. 10. The contractor shall be responsible for the cost of changing locks, etc., for all keyed secured areas for which the Contractor does not return the keys. 11 11. The Contractor shall report any problems regarding open doors and/or vandalism to the Facilities Maintenance Department. 12. The Contractor shall provide all supplies necessary for the cleaning performance of his work under the contract. All supplies, including but not limited to, hand soap, paper towels, toilet paper, and trash can liners, shall be supplied by the Contractor. 13. Additional Services: (To be performed once in every three month period, and shall be included in the bidding price.) A. Resilient Flooring shall be swept/dust mopped and stripped. After application of three coats of wax, areas shall be buffed sufficiently for maximum gloss and uniform sheen from wall to wall, including corners. The waxed floor shall present a clean appearance fig from scuff marks or dirt smears. Furniture and/or other equipment moved during floor stripping and waxing shall be returned to their original positions. B. Dry Cleaning, Steam Cleaning, or Shampooing Carpets and Rugs shall be vacuumed of all loose soil and debris prior to cleaning, and shall be free of streaks, stains and spots, and shall have a bright uniform color upon completion of dry cleaning, steam cleaning or shampooing. IN 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 deemod;an original contract. ($EAL) Attest: DANNY L. KOLHAGE, CLERK By: ►,,Go Dijp #y Clark Date:_ o i•a O •d %- (SEAL) Attest: By: ;�54 wl ss Title: By: W47YS—S Title: BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLOIDA By: >72- a04404'� /.. Mayor/Chairman �\xi e l� Spy r CONTRACTOR Dependable,*nitorial & 4dri ng Maintenance, Inc. By: Title: MONROE COUNTY ATTORNEY ,APRJWVEDAST UZAN E A. ON A SISTANT� �N�TIORNEY 12 Date3 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: April 18, 2007 Division: Public Works Bulk Item: Yes X No _ Department: Facilities Maintenance Staff Contact Person:John W. Kin ext 4431 AGENDA ITEM WORDING: Approval to renew a contract with Dependable Janitorial and Building Maintenance, Inc. for the janitorial services at the Key Largo Library, Key Largo, Florida. ITEM BACKGROUND: On April 30, 2007, the current contract with Dependable Janitorial will expire. In accordance with Article 6(B) of the original contract dated April 20, 2005, the Owner has the option to renew the contact for two additional one-year periods. This renewal will exercise the second option to renew. PREVIOUS RELEVANT BOCC ACTION: On April 20, 2005, the BOCC approved to award bid and enter into a contract with Dependable Janitorial and Building Maintenance, Inc. for the janitorial services at the Key Largo Library, Key Largo, Florida. On April 19, 2006, the BOCC approved the first option to renew. CONTRACT/AGREEMENT CHANGES: Contract for janitorial services to commence on May 1, 2007 and to expire on April 30, 2008.: and an increase in cost by the CPI-U of 2.4% from $729.71 per month to $747.22 per month and from $8,756.48 per year to $8,966.64 per year. STAFF RECOMMENDATIONS: Approval as stated above. TOTAL COST: $8,966.64 per year BUDGETED: Yes X No COST TO COUNTY: $8,966.64 per year SOURCE OF FUNDS: Ad Valorem REVENUE PRODUCING: Yes _ No X AMOUNT PER MONTH Year APPROVED BY: County Atty ✓ OMB/Purchasing Risk Management DOCUMENTATION: DISPOSITION: Revised 2/05 Included —)� Not Required AGENDA ITEM # M E M O R A N D U M DATE: March 30, 2007 TO: Dent Pierce, Division Director Public Works FROM: John W. King, Sr. Director Lower Keys Operations RE: Agenda Item —April 18, 2007 BOCC Meeting Approval to Renew Agreement — Janitorial Services for for Key Largo Library Dependable Janitorial and Building Maintenance, Inc. On April 30, 2007, the current agreement for janitorial services for the Key Largo Library with Dependable Janitorial and Maintenance Building Maintenance, Inc. will expire with the fmal one- year option to renew. Renewal would commence on May 1, 2007 and terminate on April 30, 2008, with an increase in cost by the CPI-U of 2.4% as follows: from $729.71 to $747.22 per month, and from $8,756.48 to $8,966.64 per year. Increase reflects the percentage change in the Consumer Price Index for all urban consumers for the most recent twelve months available. I hereby recommend exercising the second of two options to renew the agreement for an additional one-year period in accordance with Item 6.B of the original agreement dated April 20, 2005. JWK/jbw Enclosures MONROE COUNTY BOARD OF COUNTY COMMISSIONERS - MAR 2007 i CONTRACT SUMMARY Contract with: Dependable Janitorial Contract # Effective Date: 05/01/07 Expiration Date: 04/30/2008 Contract Purpose/Description: Janitorial services for the Key Largo Library, Key Largo, Florida Contract Manager: Jo B. Walters 4549 Facilities Maint/Stop #4 (Name) (Ext.) (Department/Stop #) for BOCC meeting on 4/18/07 Agenda Deadline: 040/3/06 CONTRACT COSTS Total Dollar Value of Contract: $ 8,966.64 Current Year Portion: $ Budgeted? Yes® No ❑ Account Codes: 001-20501-530-340- Grant: $ N/A County Match: $ N/A ADDITIONAL COSTS Estimated Ongoing Costs: $ /yr For: (Not included in dollar value above) (e . maintenance, CONTRACT REVIEW Changes 3,736.10 lities, janitorial, salaries, etc Date In Needed eview Division Director 01 Yes❑ Noa y� Risk Manage eYes❑ Nojp a O.M.B./Purchasing 3 CO Yes❑ No❑ County Attorney 4—WO-619 Yes[:] No +' Comments: . ,,i a-rv, : c- . a - _ _ �, e _ _ _ , v1V1D rulm AGVISGLLL/G//U1 Ivll.r FFL Date Out Ci.ALM • doe haft iw noa employed, li0OI�0d orodw "'so bed oat a hW t beislfany fOreer Coosty atl;oer or employee in violation of Section 2 of Ordinisaw No.10-1990 at my Como viper or amplpya in violation of Section 3 of Ondin■noe No.10-1990. Far b "& or viokd= of Ms provision the County may, is its dxxod^ It Mi na tiny oomaotw"out lid ft and may also, in its discretion, dednct ilnoot otpvl+o t IKhx4 or Odw id a te000ey ffia full amount of any fee, OOMWhW4 percentage, 8ik or consideration paid to the former County officer or employee. PBBSOId&MY A!!BARW B MX Iie may, ) n /AVd0. aliorB 9 being sm by m4 affied ks&w %afiu n►idanl SWAW in So WM Pwiided Aoie anddsday of 2Qj*J NOTARY PUBLIC MYaonmdt dweogP1* co: tau►ttos JWro io- NwYawftsw%orF4ft OMB -h" FORM # �1°0Mn"''0 " tee aooe *L w 23 CONTRACT RENEWAL (Janitorial Service at the Key Largo Library, Key Largo, Florida) THIS CONTRACT RENEWAL is made and entered into this day of April, 2007, between the COUNTY OF MONROE and DEPENDABLE JANITORIAL & BUILDING MAINTENANCE, INC., in order to renew the agreement between the parties dated April 20, 2005, and as renewed April 19, 2006 (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 April 20, 2005, 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. Payment by the County to Dependable Janitorial & Building Maintenance, Inc. for the services provided increases by 2.4% from $729.71 to $747.22 per month, and from $8,756.48 to $8,966.64 per year. Increase reflects the percentage change in the Consumer Price Index for all urban consumers for the most recent twelve months available. 3. The renewed contract shall commence on May 1, 2007, and will expire on April 30, 2008. 4. In all other respects, the original agreement dated April 20, 2005 and as renewed April 19, 2006 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. Attest: Danny L. Kolhage, Clerk By: BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: W a:j CrCC 00 W QO } f- za Otu UW WO O cc Jr a O� 2 r W z Cc O r- Q 03 m a CONTRACT RENEWAL (Janitorial Service at the Key Largo Library, Key Largo, Florida) THIS CONTRACT RENEWAL is made and entered into this / ! W day of , 2006, between the COUNTY OF MONROE and DEPENDABLE JANITORIAL & BUILDING MAINTENANCE, INC., in order to renew the agreement between the parties dated April 20, 2005, (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 April 20, 2005, 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 May 1, 2006, and will expire on April 30, 2007. 3. In all other respects, the original agreement dated April 20, 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. Attest: Danny L. Kolhage, Clerk � � o.c. MONROE COUNTY ATTORNEY AP ROVED AS TO FORM:�1ff,� NA ILEENE W. CASSEL C ASSISTANT �0� �JTY t0.� ORNEY Date Lam( () BOARD OF COLJWY COMMISSIONERS OF MONROE C , FLORIDA By: I. *a a•� i •1 I D � i z o �o r-4 rn one a t i oc'>r p rn r c-2 CD O Cn CONTRACT THIS AGREEMENT, made and entered into this 2& day of April, 2005, A.D., by and between MONROE COUNTY, FLORIDA , (hereinafter sometimes call the "owner"), and Dependable Janitorial and Building Maintenance, Inc. (hereinafter called the "Contractor"). That the parties hereto, for the consideration hereinafter set forth, mutually agree as follow: 1. 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 THE WORK The Contractor shall provide janitorial services, including all necessary supplies and equipment required in the performance of same, and perform all of the work described in paragraph 4g and as Wtlei: JANITORIAL SERVICES rrn �' KEY LARGO LIBRARY I'.. r" KEY LARGO, FLORIDA� a -n c) And his bid dated March 8, 2005, attached hereto and incorporated as part of Vhi's antW Q ument. The specifications shall serve as minimum contract standards, and shall be the basis of inspection and acceptance of all the work. 4. 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 3& day of the following month in each of twelve months. The Contractor shall invoice the County monthly for janitorial services performed under the specifications contained herein. The Contract amount shall be as stated by the contractors proposal as follows: $8,452.20 per year, $704.35 per month. 5. 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 janitorial 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/RENEWAL A. This contract shall be for a period of one (1) year, commencing May 1.2005, and terminating A 30 2006. 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. 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 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. 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 his/her employees, contractors, servants, or agents to be employees of the Board of County Commissioners for Monroe County. 9. ASSURANCE AGAINST DISCRIMINATION 2 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 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. 11. COMPLIANCE WITH 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. 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 The minimum limits acceptable shall be $300,000 Combined Single Limit If split limits are provided, the minimum limits acceptable shall be: $100,000 per person; $300,000 per Occurrence; and $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 months following the acceptance of work by the County. MONROE COUNTY BOARD OF COUNTY COMMISSIONERS MUST BE NAMED AS ADDITIONAL INSURED. B. Vehicle Liability — include as a minimum: • Owned, Non -Owned, and Hired Vehicles The minimum limits acceptable shall be $100,000 Combined Single Limit If split limits are provided, the minimum limits acceptable shall be: $50,000 per Person; $100,000 per Occurrence; and $25,000 Property Damage. MONROE COUNTY BOARD OF COUNTY COMMISSIONERS MUST BE NAMED AS ADDITIONAL 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 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 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 fimd, 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. Employee Dishonesty The Contractor Shall purchase and maintain, throughout the term of the contract, Employee Dishonesty Insurance which will pay for losses to County property or money caused by the fraudulent or dishonest acts of the Contractor's employees or its agents, whether acting alone or in collusion of others. The minimum limits shall be: $10,000 per Occurrence 13. FUNDING AVAILABELITY In the event that fiords 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. 4 1. PROFESSIONAL RESPONSIBILITY 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. 2. 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 16. CANCELLATION FOR CONTRACTOR Dependable Janitorial and Building Maintenance, Inc. P.O. Box 2546 Key Largo, FL 33037 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 the 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 (60) 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 in the appropriate court or before the appropriate administrative body in Monroe County, Florida. The County and Contractor agree that, in the event of conflicting interpretation 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 proceeding. I& 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. If an 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, 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. 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 public meeting of the Board of County Commissioners. If the issue or issues are still not resolved to the 6 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 administrative or legal proceeding 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. NONDISCR] MINATION 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 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 VHI 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 of, this Agreement. Monroe County Code Ch. 13, Art. VI, prohibiting discrimination on the basis of race, color, sex, religion, disability, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age. 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 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 Statues, 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 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, 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 of, all documents, papers, letters or other materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statues, 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 Statues, 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 EMTKUNITIES 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 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 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 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-PARTIES No person or entity shall be entitled to rely upon the terms, or any of them, of the 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 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. 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 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. 40. SPECIFICATIONS The Contractor shall fittnish janitorial service, including all necessary supplies, equipment, and safety devices required in the performance of same for the Key Largo Library, located at MM 101.5, US Highway #1 consisting of approximately 12,068 s.f. 1. Restroom Sanitation shall include the following on a daily basis: a. All Floors swept, loose dirt removed. b. Wash and disinfect floor C. Stall partitions damp cleaned. d. All commodes, urinals, basins and vanities shall be scoured and disinfected. e. All urinal traps shall be specially cleaned and disinfected. f All sanitary napkin receptacles will be cleaned, waste disposed, and disinfected. g. All supplies shall be replaced (paper goods, soap, etc.). All other work necessary to maintain a clean and sanitary condition in these restrooms shall be accomplished, whether it is specifically noted in these specifications or not. NOTE: Key Largo Library has 1 male public restroom with 1 toilet, 1 female public restroom with one toilet, and 1 employee restroom with one toilet. 2. All sinks and water fountains outside the restroom areas are to be cleaned daily. Water fountains are to be polished periodically. 3. General Cleaning shall be completed daily, and should include the following: a. All tile floors are to be dusted and mopped. b. All furniture and furnishings to be dusted and spot cleaned. C. Low ledges, sills, rails, tables, shelving, baseboards, etc. to be wiped with a damp cloth to reduce the amount of dust in the building. d. All trash receptacles emptied, and trash can liners replaced. e. All upholster fiuniture to be vacuumed. f All carpeting shall be vacuumed with a powerful HEPA vacuum, such as the Orik. 4. Weekly janitorial services to include: a. All glass partitions, doors, mirrors, windows, etc. to be cleaned and/or polished. b. Obvious scuff marks shall be removed from resilient flooring. C. All door vents cleaned. 5. Monthly janitorial services to include: a. All high dusting (i.e. pictures, door frames, air vents, tops of book shelves, etc.) b. All walls dusted monthly C. All air conditioning vents, supply and return air grilles cleaned. 6. The Contractor shall insure all exterior doors are locked while they are servicing the building and upon their departure. 7. Janitorial services will be 5 days a week, Monday thru Friday (excluding holidays), beginning at 7:30 or 8:00 am., and finishing no later than the Library opening time of 10:00 a.m. 8. Coordination of the work with the County area representative shall be the responsibility of the Contractor. The Contractor shall perform the work during hours and time as specified 9. Keys shall be issued to the Contractor by the area representative at the start of the Contract. Written confirmation of receipt of keys shall be signed by the Contractor. The Contractor shall return all keys as issued upon expiration of the contract or termination. 10. The contractor shall be responsible for the cost of changing locks, etc., for all keyed secured areas for which the Contractor does not return the keys. 10 11. The Contractor shall report any problems regarding open doors and/or vandalism to the Facilities Maintenance Department. 12. The Contractor shall provide all supplies necessary for the cleaning performance of his work under the contract. All supplies, including but not limited to, hand soap, paper towels, toilet paper, and trash can liners, shall be supplied by the Contractor. 13. Additional Services: (Shall be performed once in every three month period, and shall be included in the bidding price.) A. Resilient Flooring shall be swept/dust mopped and stripped After application of three coats of wax, areas shall be buffed sufficiently for maximum gloss and uniform sheen from wall to wall, including corners. The waxed floor shall present a clean appearance free from scuff marks or dirt smears. Furniture and/or other equipment moved during floor stripping and waxing shall be returned to their original positions. B. Dry Cleaning, Steam Cleaning, or Shampooing Carpets and Rugs shall be vacuumed of all loose soil and debris prior to cleaning, and shall be free of streaks, stains and spots, and shall have a bright uniform color upon completion of dry cleaning, steam cleaning or shampooing. IN 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. (SEAL) Attest: DANNY L. KOLHAGE, CLERK Duty Clerk Date: = o 4 -a o-- o V (SEAL) Attest: By: WITNE S Title: By: wI s Title: BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLOIDA By: 41w�; >,22. 404�.� Mayor/Chairman ':b► )(i e- YYL . Spe-ha r- CONTRACTOR By: Title: ial & Wdilig Maintenance Inc. MONROE COUNTY ATT EY OVER AS T NNE A. H ON A WT �NTYRNEY 11 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: 4/18/07 Division: Public Works Bulk Item: Yes X No _ Department: Fleet Mgt. / Card Sound Toll Staff Contact Person/Phone #: Roy Sanchez / 292-3572 AGENDA ITEM WORDING: Approval to award bid and purchase one (1) Tree Trimming Aerial Bucket Truck from Atlantic Truck Center in the total amount of $132,140.00, and approval of a Resolution transferring funds. ITEM BACKGROUND: This Bucket Truck will replace an existing unit that is seventeen years old, worn out and beyond economical repair. Per bid opening held March 20, 2007, Atlantic Truck Center is the lowest bidder of the six bids received. PREVIOUS RELEVANT BOCC ACTION: As part of the 2006-2007 budget process, the BOCC allocated fiords for replacement of one (1) Tree Trimming Aerial Bucket Truck (County unit# 0940/310); however, replacement cost is higher than budgeted, so a transfer of funds from Card Sound Reserves is included with this item. CONTRACT/AGREEMENT CHANGES: n/a STAFF RECOMMENDATIONS: Approval to purchase from "Atlantic Truck Center," the lowest bidder, that meets or exceeds all requirements. TOTAL COST: $132,140.00 COST TO COUNTY: same BUDGETED: Yes X No SOURCE OF FUNDS: 401-22502-560640 REVENUE PRODUCING: Yes — No X AMOUNT PER MONTH Year APPROVED BY: County Atty. OMB/Purchasing Risk Management DOCUMENTATION: DISPOSITION: Revised 11/06 Included X Not Required AGENDA ITEM # MEMORANDUM TO: Dent Pierce, Director Public Works Division FROM: Roy Sanchez, Director Fleet Management Department DATE: March 22nd, 2007 RE: Agenda Submission Memo For One (1) New Tree Trimming Aerial Bucket Truck The attached BOCC agenda item is to purchase one (1) new Tree Trimming Aerial Bucket Truck to replace one (1) existing unit, which is outdated and beyond economical repair. After reviewing all bids, we were able to determine the lowest bid from "Atlantic Truck Center" meets or exceeds all our requirements. The Fleet Management Department's recommendation is for the County to provide a purchase order to purchase one (1) new Tree Trimming Aerial Bucket Truck from Atlantic Truck Center in the total amount of $132,140.00. Thank you. d s 4- 4- 0 4- u m s d a a N d �} p w 0 0 0 0 o d o _ u 0 0 0 0 0 o m a ON >} 0 40 3 Q OIT (71 � t0 n a _s WO ,�� ,M-i .M-� � ,�-� m tpr A& +tr H CLO d Q W V ILuj -° L pu'XO U 3 O 14 U (' zzzoo m o 4 m m Q "� o } `Z=5i a�a W o Q Q Q Q Q a. 0 p it Q °° z z z a z Z z d V -0 -o p _ z no p Z G7 a, o� — m W H c a 0 N O V o�i 5 W ce C lie o e -p O �.. LL o 9� u UA Z F— V -c v W Z o v �' F a m cc � Z L m W _ U ~ } = > � c +}- o W U > c `n a v a U ci � N (A)4- V F- v Cr U C E y u CN C U- 4- of N o -0 DC Z Q V Q zs m H Ib Resolution No. -2007 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 #401 Card Sound Bridge From: 401-5130-85534-590990 Other Uses Cost Center # 85534 Reserves 401 For the Amount: $40,500.00 To: 401-5410-22502-560640 Capital Outlay -Equipment Cost Center # 22502 Card Sound Road 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 18th day of April, AD 2007. Mayor Di Gennaro Mayor Pro Tem Spehar Commissioner McCoy Commissioner Neugent Commissioner Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA Mayor/Chairman (Seal) Attest: DANNY L. KOLHAGE, Clerk Item fund 401 tmsfr fin 85534 to 22502 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: 4/18/07 Division: Public Works Bulk Item: Yes X No Department: Fleet Management Staff Contact Person/Phone #: Roy Sanchez / 292-3572 AGENDA ITEM WORDING: Approval to award fuel contract to low bidder Dion Oil Co. and authorize Mayor to execute same. ITEM BACKGROUND: The attached bid opening tabulation sheet guarantees that Monroe County will not be charged more per gallon than the following prices above Port Everglades Florida Terminal purchase (RACK) price — Key West $0.20 for gas - $0.23 for diesel, Sugarloaf $0.18 for gas - $0.21 for diesel, Marathon $0.16 for gas - $0.19 for diesel, Plantation Key $0.12 for gas - $0.15 for diesel, Key Largo $0.10 for gas - $0.13 for diesel. PREVIOUS RELEVANT BOCC ACTION: For the past "approximate" fifteen years, Dion Oil Co. has been awarded the County's Fuel Delivery Contract based on best price and outstanding service. Due to consistently rising fuel costs, Dion's recently notified the County they would not be able to renew for the last year of their existing contract, requiring BOCC approval to go out for bids along with the attached new Fuel Delivery Contract. CONTRACT/AGREEMENT CHANGES: N/A — new contract STAFF RECOMMENDATIONS: Approval. TOTAL COST: Approx. $1,200,000 BUDGETED: Yes X No _ COST TO COUNTY: Approx. $355,000 SOURCE OF FUNDS: 504-23502-530521 & 523 55% ad valorem/45% gas tax REVENUE PRODUCING: Yes _ No X AMOUNWER MONTH Year APPROVED BY: County Atty U� OMB/Purchasing Management M.�.. DOCUMENTATION: Included X Not Required DISPOSITION: Revised 11 /06 b �jAGENDA ITEM # d s } ON C O u y- s u +_+ C O u m n' U J a ' 4' C � y £ O N — O O -C ru co J 4-' -1 44-- c O o) } U ¢ �t �rnL-� ��oc- N O S— O 0 0 0� m W ap Ye n�aY �� � 0 d O �"� N u) Lnin��� rnM c i� pt Q1 a% N L- m O o a LU G N E Y2:NO "vt �. d NN �� y a W O �w C C O p O O m L NOr(U I" LYi O U. fu O ceOO�LO to N i1 -J cn _ a'JaH o Lu VLj W parv- 2c O Y c L W ~ W ^ �It_C, �"� J w in in to to m m N t�MMmN Y(n�aY O s 3 O a M rno^0d•oaowNo } CA) W0 0. as � N NNNNNr-4 i i•-!-J o a ZZO� o Zv )F-s Z N Q V N rL O 16 H D m i V a �UJ " i FZ=et W Q o N > Q O m Z 0 Z Z Z ►_ Zco W — L C. :3 m LU U. CL O o> Q LU V ui W o u d d a u L N V O Z a c o } W O V vi �S o >. Q.J y v FI F Q Z c a J c > 0- } t +- }> o E c t o L CO O O F- 4-J w U 06 � � V a d 0 m v- CO V F O m = m H Co MEMORANDUM TO: Dent Pierce, Director Public Works Division FROM: Roy Sanchez, Director Fleet Management Department DATE: March 16'h, 2007 RE: Agenda Submission Memo To Award Dion's For The Fuel Delivery Contract The attached BOCC agenda item is to award a Fuel Delivery Contract to Dion Oil Company. After reviewing all bids, it was determined Dion Oil Company is the low bidder and based on previous experience doing business with Dion's, we are confident they are able and willing to meet or excel all our requirements. The Fleet Management Department's recommendation is for the BOCC to authorize the Mayor to execute the attached Fuel Delivery Contract for one year with two additional one year renewals. Thank you. MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract # Contract with:Dion Oil CompanL LLC Effective Date:4/19/07 Expiration Date:4/18/08 Contract Purposo0escription: Supply diesel fuel and unleaded gasoline to Monroe County and Monroe County School Board fueling facilities throughout the Keys. Contract Manager:Roy Sanchez (Name) for BOCC meeting on 3572 Fleet Management (Ext.) (Department) Deadline: CONTRACT COSTS Total Dollar Value of Contract: $1 200,000.00 Current Year Portion: $5.50,000.00 approx wrox Budgeted? Yes® No ❑ Account Codes: ALL DEPARTMENTS PLUS SHERIFF, HIGHWAY PATROL AND OTHER AGENCIES- - Grant: $ County Match: $ ADDITIONAL COSTS Estimated Ongoing Costs: $ /yr For: (Not included in dollar value above) (e& mai ut e, utili CONTRACT REVIEW Changes at In Division Director Needed Yes No[t' Risk �Manag en Al t� �V O.M.B./PurcXng q-►o -a County Attorney gl3)6 Yeso No V[" YesQ Noel""' Yeso N I Comments: OMB Form Revised 9/11/95 MCP #2 Date Out 7 4 5 �� CONTRACT DIESEL FUEL & UNLEADED GASOLINE SUPPLIER THIS AGREEMENT, made and entered into this 19t' day of April, 2007 by and between the COUNTY OF MONROE, STATE OF FLORIDA, a political subdivision of the State of Florida hereinafter called "County" and Dion Oil Company, LLC hereinafter called "Vendor". WITNESSETH: That the parties hereto for the consideration hereinafter named, agree to the following: DESCRIPTION: A. The Vendor shall deliver Number Two Diesel fuel, High Sulfur Diesel fuel and 86-87/88-89/92- 93 Octane Gasoline to locations in the Key West, Marathon, Plantation Key, and Key Largo areas as requested by the ordering Monroe County and School Board departments and on the dates requested by such departments. Fuel shall be delivered the next day if requested by 4:00pm. B. Deliveries will be in quantities of less than One Hundred (100) gallons to Seven Thousand (7,000) gallons (Full Tanks). The Vendor shall have a metered tanker for all deliveries and shall be required to itemize invoices for each delivery under this provision. C. Upon request by the County, Vendor shall provide documentation supporting most recent pump meter certification. D. All deliveries must be witnessed and delivery tickets must be signed and dated by Monroe County personnel. E. The Vendor shall have the capability to pump fuel into aboveground tanks through standard quick detachable couplings. F. The Vendor shall have ability to provide daily deliveries of gasoline and diesel to multiple locations after a hurricane, natural disaster, or other emergency for as long as the need exists. II. TERM OF CONTRACT A. This contract shall be for a period of One (1) year commencing upon the day in which it has been executed by both parties. B. The County shall have the option to renew this agreement after the first year, for two (2) additional one (1) year periods. III. HOLD HARMLESS The Vendor 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 Vendor or any of its Subcontractor(s) in any tier, occasioned by the negligence or other wrongful act or omission of the Vendor or its Subcontractor(s) in any tier, their employees, or agents. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. Page 1 of 12 N.' INSURANCE Prior to execution of this agreement the Vendor shall fumish the County Certificates of Insurance indicating the minimum coverage limitations as stated in the General Insurance Requirements for Suppliers of Goods or Services section of this contract. V. PAYMENT A. Price per gallon shall reflect Port Everglades Florida Terminal (RACK) charges. B. Monroe County may not be charged more than the following prices listed above market (RACK) price from date ordered. Unleaded Gasoline (Any Octane) Diesel W2 and MV15 Dved $0.20 Key West $0.23 Key West $0.18 Sugarloaf $0.21 Sugarloaf $0.16 Marathon $0.19 Marathon $0.12 Plantation Key $0. 55 Plantation Key $0.10 Key Largo $0.13 Key Largo C. The Vendor shall submit invoice to the County, itemizing the delivery location, the requesting department, the RACK prices, and all taxes, for each delivery to the locations described herein. D. In accordance with the Florida Prompt Payment Act, s. 218.70, Florida Statutes, all invoices will be paid within forty-five days after receipt of a proper invoice. E. Diesel fuels and Gasoline taxes must be itemized on each invoice. VI. INDEPENDENT VENDOR At all times for all purposes under this agreement the Vendor 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 Vendor or any of his/her employees, contractors, servants, or agents to be employees of the Board of County Commissioners for Monroe County. VII. ASSURANCE AGAINST DISCRIMINATION Vendor and County 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. Vendor and County agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VII of the Civil Rights Act of 1964 (PL 88-352), which prohibit discrimination in employment on the basis of race, color, religion, sex, and national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC §§ 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC § 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC §§ 6101-6107), which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, §§ 523 and 527 (42 USC §§ 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patent records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC §§ 3601 et seq.), as amended, relating to Page 2 of 12 nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC §§ 1201), as amended from time to time, relating to nondiscrimination in employment on the basis of disability; 10) Monroe County Code Chapter 13, Article VI, which prohibits discrimination on the basis of race, color, sex, religion, 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 parties to, or the subject matter of, this Agreement. Vill. ASSIGNMENT Vendor shall not assign or subcontract this agreement, except in writing and with the prior written approval of the Board of County Commissioners for Monroe County, which approval shall be subject to such conditions and provisions as the County may deem necessary. This agreement shall be incorporated by reference into any assignment or subcontract and any assignee or subcontractor shall comply with all of the provision of this agreement. Unless expressly provided for therein, such approval shall in no manner or event be deemed to impose any obligation upon the County in addition to the total agreed -upon price of the services/goods of the Vendor. IX. COMPLIANCE WITH LAW In providing all services/goods pursuant to this agreement, the Vendor shall abide by all statutes, ordinances, rules and regulations shall constitute a material breach of this agreement and shall entitle the County to terminate this Vendor immediately upon delivery of written notice of termination to the Vendor. X. 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: With a copy to: Fleet Management Services Suzanne A. Hutton 3583 S. Roosevelt Blvd. Monroe County Attorney Key West, FL 33040 P.O. Box 1026 For VendoKey West, FL 33041-1026 r. Dion Oil Company, LLC P.O. Box 1209 Key West, FL 33041 XI. FUNDING AVAILABILITY In the event that funds from Fleet Management Services operating Gasoline and Diesel Accounts are partially reduced or cannot be obtained or cannot be continued at level sufficient to allow for the purchase of services/goods specified herein, this agreement may then be terminated immediately at the option of the county by written notice of termination delivered in person or by mail to the Vendor. The County shall only be obligated to pay for any goods delivered by the Vendor until the Vendor has received written notice of termination due to lack of funds. XII. PROFESSIONAL RESPONSIBILITY The Vendor 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 the Notice of calling for Bids. 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 County is contingent upon retention of appropriate local, state, and/or federal certification and/or licensure of vendor. Page 3 of 12 XIII. PUBLIC ENTITY CRIME STATEMENT A person or affiliate who has been placed on the convicted vendor list following a conviction for a 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, and 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 ($3000.00) for a period of 36 months from the date of being placed on the convicted vendor list. XIV. TERMINATION If the Vendor fails to fulfill the terms of this agreement, or attachments, properly or on time, otherwise violates the provisions of the agreement, the County may terminate the contract by written notice. The notice shall specify cause. The County shall pay the vendor the contract price for goods delivered but not paid for on the date of termination, less any amount of damages caused by the Vendor's breach. If those damages are more than the amount due the Vendor then the Vendor remains liable to the County for the excess amount. XV. APPLICABLE LAWS AND VENUE This contract is governed by the laws of the State of Florida. Venue for any litigation arising under this contract must be in Monroe County, Florida. In witness whereof, the parties hereto have executed this agreement the day and year first above written, (Seal) Attest: DANNY L. KOLHAGE, CLERK By: Deputy Clerk VENDOR: BY DATE: (Corporate Seal) Attest: Witness Witness Page 4 of 12 BOARD OF COUNTY COMMISSIONERS MONROE COUNTY, FLORIDA A Mayor/Chairman MONROE COUNTY ATTORNEY API?ROVED,AS TOY FOPmM: QYNTHIA L. ALL ASSISTANT COUNTY ATTORNEY Date... 4" S - V q- RISK MANAGEMENT POLICY AND PROCEDURES CONTRACT ADMINISTRATION MANUAL General Insurance Requirements for Other Contractors and Subcontractors As a pre -requisite of the work governed, or the goods supplied under this contract (including the pre -staging of personnel and material), the Contractor shall obtain, at his/her own expense, insurance as specified in any attached schedules, which are made part of this contract. The Contractor will ensure that the insurance obtained will extend protection to all Subcontractors engaged by the Contractor. As an alternative, the Contractor may require all Subcontractors to obtain insurance consistent with the attached schedules. The Contractor will not be permitted to commence work governed by this contract (including pre -staging of personnel and material) until satisfactory evidence of the required insurance has been furnished to the County as specified below. Delays in the commencement of work, resulting from the failure of the Contractor to provide satisfactory evidence of the required insurance, shall not extend deadlines specified in this contract and any penalties and failure to perform assessments shall be imposed as if the work commenced on the specified date and time, except for the Contractor's failure to provide satisfactory evidence. The Contractor shall maintain the required insurance throughout the entire term of this contract and any extensions specified in the attached schedules. Failure to comply with this provision may result in the immediate suspension of all work until the required insurance has been reinstated or replaced. Delays in the completion of work resulting from the failure of the Contractor to maintain the required insurance shall not extend deadlines specified in this contract and any penalties and failure to perform assessments shall be imposed as if the work had not been suspended, except for the Contractor's failure to maintain the required insurance. The Contractor shall provide, to the County, as satisfactory evidence of the required insurance, either: • Certificate of Insurance or • A Certified copy of the actual insurance policy. The County, at its sole option, has the right to request a certified copy of any or all insurance policies required by this contract. All insurance policies must specify that they are not subject to cancellation, non -renewal, material change, or reduction in coverage unless a minimum of thirty (30) days prior notification is given to the County by the insurer. The acceptance and/or approval of the Contractor's insurance shall not be construed as relieving the Contractor from any liability or obligation assumed under this contract or imposed by law. The Monroe County Board of County Commissioners, its employees and officials will be included as "Additional Insured" on all policies, except for Workers' Compensation. Any deviations from these General Insurance Requirements must be requested in writing on the County prepared form entitled "Request for Waiver of Insurance Requirements" and approved by Monroe County Risk Management. Page 5 of 12 GENERAL LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT DIESEL FUEL & UNLEADED GASOLINE SUPPLIER BETWEEN MONROE COUNTY, FLORIDA AND Dion Oil Company, LLC 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: $1,000,000 Combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable shall be: $ 500,000 per Person $ 1,000,000 per Occurrence $ 100,000 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. GL3 Page 6 of 12 WORKERS' COMPENSATION INSURANCE REQUIREMENTS FOR CONTRACT DIESEL FUEL & UNLEADED GASOLINE SUPPLIER BETWEEN MONROE COUNTY, FLORIDA AND Dion Oil Company, LLC Prior to the commencement of work governed by this contract, the Contractor shall obtain Workers' Compensation Insurance with limits sufficient to respond to the applicable state statutes. In addition, the Contractor shall obtain Employers' Liability Insurance with limits of not less than: $500,000 Bodily Injury by Accident $500,000 Bodily Injury by Disease, policy limits $500,000 Bodily Injury by Disease, each employee Coverage shall be maintained throughout the entire term of the contract. Coverage shall be provided by a company or companies authorized to transact business in the state of Florida. If the Contractor has been approved by the Florida'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 a 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. WC2 Page 7 of 12 VEHICLE LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT DIESEL FUEL & UNLEADED GASOLINE SUPPLIER BETWEEN MONROE COUNTY, FLORIDA AND Dion Oil Company, LLC Recognizing that the work governed by this contract requires the use of vehicles, the Contractor, prior to the commencement of work, shall obtain Vehicle Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum, liability coverage for: • Owned, Non -Owned, and Hired Vehicles The minimum limits acceptable shall be: $1,000,000 Combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable shall be: $ 500,000 per Person $1,000,000 per Occurrence $ 100,000 Property Damage The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. VL3 Page 8 of 12 HAZARDOUS CARGO TRANSPORTERS LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT DIESEL FUEL & UNLEADED GASOLINE SUPPLIER BETWEEN MONROE COUNTY, FLORIDA AND Dion Oil Company Prior to the commencement of work governed by this contract, the Contractor shall purchase Pollution Liability Insurance which extends to the hauling of toxic and hazardous material by motorized vehicles. In compliance with the Motor Carrier Act, the policy should be endorsed with an MCS-90 Endorsement, demonstrating financial responsibility for spills and clean-up. Any pollution exclusion limiting coverage under this policy shall be removed. The minimum limits acceptable shall be: $1,000,000 per Occurrence VLP3 Page 9 of 12 ETHICS CLAUSE LOBBYING AND CONFLICT OF INTEREST CLAUSE SWORN STATEMENT UNDER ORDINANCE NO. 010-1990 MONROE COUNTY, FLORIDA (Company Officer/Partner/Individual) warrants .that he/it has not employed, retained or otherwise had act on hisrts behalf any former County officer or employee in violation of Section 2 of Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 010-1990. For breach or violation of this provision the County may, in its discretion, terminate this Agreement without liability and may also, in 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 County officer or employee". (Signature) Date: STATE OF: rL� l i� ,14 COUNTY OF: 0' L-) /yL" 0,L?t L In E- Subscribed and sworn to (or affirmed) before me on S- 2. d k)q (date) by � z tL Nnhp T%fit (name of affant). 44e/She is personally known to me &0;as-pfed{Ge4- Page 10 of 12 3;z.. NOTARY PUBLIC My commission expires:_ EDWARD R. 80VA Aiy c0w&" x 00 504917 EXPIRES: FeNtuq 11, 200 &ndmdThuhomye 9 NON -COLLUSION AFFIDAVIT .4 df the city of my oath, and under penalty of perjury, depose and say that: according to law on I am 1,60 /--4 � 1)/f�J of the firm of .� f1�1.1 making the Bid for the services/work/project described in the Request for Bids for: L _L�i` L tY CWZ EA and that f executed the said Bid with full authority to do so: 2. The prices in this bid/Bid have been arrived at independently without collusion, communication or agreement for the purpose of restricting competition, as to any matter relating tc such prices with any other bidder or with any competitor. 3. Unless otherwise required by law, the prices and percentage of return which have been quoted in this bid/Bid have not been knowingly disclosed by the responder and will not knowingly be disclosed by the responder prior to bid/Bid opening, directly or indirectly, to any other bidder/responder or to any competitor. 4. No attempt has been made or will be made by the bidder/responder to induce any other person, partnership or corporation to submit, or not to submit, a bid/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 the project/services/work. Signature 6f(Bidder) VP (Date) �/�J�✓ G�o�'�rr� STATE OF: r— 620 �A COUNTY OF: t"VlD�t�/LG PERSONALLY APPEARED BEFORE ME, the undersigned authority,Z'L�rn�p,0 who, after first being sworn by me, (name of individual signing) affixed his/her signature in the space provided above on this /S day of 20_Ll. NOTARY PUBLIC' My Commission EDvARI)R,OW My CM 10N # oo 5D4917 ' • EXPIRES: F 11, 2010 ¢ Page 11 of 12 8ard°dTITUN��u DRUG -FREE WORKPLACE FORM The undersigned Contractor/bidder/responder in accordance with Florida Statute 287.087 hereby certifies that: i f ti (Name of Business) 1. Publishes 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. Informs 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. Gives each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), 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. Imposes a sanction on, or requires 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 of this section. As the, person authorized to sign the statement, I certify that this firm complies fully with the above requirements. iddr's Si n ture Date STATE OF:��� COUNTY OF: PERSONALLY APPEARED BEFORE ME, the undersigned authorityl,��,rne D t 7_ who, after first being sworn by me, (name of individual signing) affixed his/her signature in the space provided above on this r S day of KYJ C1, Y C�, 20 p1. 10 • - I I" • My Commission Expires: _Kzarw��� y R.eosa ISSION # DO 5049sS: February 11, 2010 Page 12 of 12 HomyPWoun , ;; BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: 4/18/07 Division: Public Works Bulk Item: Yes X No _ Department: Fleet Management Staff Contact Person/Phone#: Rov Sanchez / 292-3572 AGENDA ITEM WORDING: Approval to transfer title to County vehicle number 0920-493 (serial number IB7HC16X3XS218999) to the Pigeon Key Foundation. ITEM BACKGROUND: County surplus vehicle 0920-493 is a 1999 Dodge pickup truck that was scheduled to be advertised for sealed bids with an advertised minimum bid of $1,200.00. Jim Rhyne, President of the Pigeon Key Foundation, a 501 C-3 corporation, recently requested that the vehicle be transferred to the Foundation as they are in need of a vehicle. PREVIOUS RELEVANT BOCC ACTION: None CONTRACT/AGREEMENT CHANGES: None STAFF RECOMMENDATIONS: Approval. TOTAL COST: COST TO COUNTY: same BUDGETED: Yes No SOURCE OF FUNDS: REVENUE PRODUCING: Yes _ No X AMOUNT PER MONTH Year APPROVED BY: County Atty. _ OMB/Purchasing Risk Management DOCUMENTATION: DISPOSITION: Revised 11 /06 Included X Not Required AGENDA ITEM # MEMORANDUM TO: Dent Pierce, Director Public Works Division FROM: Roy Sanchez, Director Fleet Management Department DATE: April 4", 2007 RE: Agenda Submission / Information Memo The attached BOCC agenda item is a result of a request from the President of the Pigeon Key Foundation requesting that a surplus pickup truck be transferred and utilized by the Pigeon Key Foundation. After contacting the County Attorney's office, we were instructed to make sure they are a 501 corporation, which they have verified per the attached memo from Jim Rhyne, President of the Pigeon Key Foundation. Thank you. To: Mr. Dent Pierce Director of Public Works Subject: County Vehicle #0920493 Located at Plantation Key Public Works Yard I have spoken to Mr. Roy Sanchez, Director of Fleet Management and he said that the County has a pickup truck located at the Plantation Key Public Works yard that has become available to be changed out in the County Fleet. The vehicle number is 0920-493 The Pigeon Key Foundation, which manages the Pigeon Key Island, is in dire need of such a vehicle to handle the day-to-day operations of the island. The Foundation is also a 501 C-3 Corporation. If at all possible, the Pigeon Key Foundation would like to have the vehicle when taken off of Inventory, be transferred to the Foundation. Our contact person for the Foundation is Marathon's City Manager, Mike Puto. Mike can be reached at (305) 289-4130 or putom(kci.marathon.fl.us On behalf of the Foundation, we thank you ahead of time for consideration with this request. Sincerely, Jim Rhyne, President Pigeon Key Foundation BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: April 18, 2007 Division: Public Works Bulk Item: Yes X No _ Department: Roads & Bridges Staff Contact /Phone No.: Beth Leto/292-4560 AGENDA ITEM WORDING: Approval of Contract Renewal with General Asphalt Co., Inc., for purchase and delivery of asphalt at a fixed price to Monroe County, Florida. ITEM BACKGROUND: On May 15, 2007, the current agreement with General Asphalt will expire. In accordance with the agreement, the County has the option of extending the agreement for two one-year periods. In addition, due to the amount of in-house paving, the County will exceed the total dollar amount capped in the agreement before the first year's term has expired; therefore, staff recommends that the not to exceed dollar amount cap be removed from the agreement, and that new term begin April 18, 2007, at the new rate of $66.56 per ton. PREVIOUS RELEVANT BOCC ACTION: On May 16, 2006, the BOCC approved a one-year agreement with General Asphalt Co., Inc. for purchase and delivery of asphalt at a fixed price. CONTRACT/AGREEMENT CHANGES: Exercise first one-year renewal option; renewal agreement to commence April 18, 2007, and expire April 17, 2008; increase per ton asphalt price by 2.4% CPI (an additional $1.56 per ton over first year's price of $65/tan); remove dollar amount cap from agreement. STAFF RECOMMENDATIONS: Approval. TOTAL COST: approx. $266,000 COST TO COUNTY: same BUDGETED: Yes x No SOURCE OF FUNDS: gas taxes REVENUE PRODUCING: Yes _ No x AMOUNT PER MONTH Year APPROVED BY: County Atty. _Z OMB/Purchasing Risk Management 0� DOCUMENTATION: DISPOSITION: Revised 1/03 Included x Not Required AGENDA ITEM # MEMORANDUM TO: Dent Pierce, Director Public Works Division FROM: Beth Leto, Asst. Directo Public Works Division DATE: April 3, 2007 RE: Contract with General Asphalt On May 16, 2006, the BOCC awarded the bid and entered into a one-year contract with General Asphalt Co. for purchase and delivery of asphalt at a fixed price. The attached agenda item is to request approval to renew and amend the contract. The first year's agreement will expire on May 15, 2007, but we would like to exercise the first one-year renewal option and remove the not to exceed dollar amount cap, commencing on April 18, 2007. The vendor has requested a 2.4% CPI increase or $1.56 per ton over the first year's price of $65/ton. The new rate of $66.56 per ton is included as an amendment to Sec. 7 in the attached contract renewal. Please note that absent such a contract, the vendor is currently charging $71.59/ton for Type III-S asphalt. Staff recommends approval of this contract renewal and amendment in order to continue our in-house paving projects. MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: General Asphalt Co., Inc. Contract # Effective Date: 04/18/2007 Expiration Date: 04/17/2008 Contract Purpose/Description: Purchase of asphalt for in-house road projects Contract Manager: Beth Leto 4560 Public Works/Stop 1 (Name) (Ext.) (Department/Stop #) for BOCC meeting on 04/18/07 Agenda Deadline: 04/03/07 CONTRACT COSTS Approx. Total Dollar Value of Contract: $266,000/yr Current Year Portion: Approx. $160,000 Budgeted? Yes® No ❑ Account Codes: 102-22503-560630 & 102-22507-560630 Grant: $ N/A County Match: $ N/A ADDITIONAL COSTS Estimated Ongoing Costs: $ /yr For: (Not included in dollar value above) (e.g. maintenance, utilities, janitorial, salaries, etc.) CONTRACT REVIEW Division Director a e In '� Changes Needed Yes No❑ Date Out /� � Risk Man emell V� Yes❑ NoE( O.M.B./Purchasing County Attorney q -- ? -0 7 Yes❑ No[ " Yes❑ No[;-- �{ Comments: OMB Form Revised 2/27/01 MCP #2 CONTRACT RENEWAL (Purchase and Delivery of Asphalt) This Contract Renewal is made and entered into this day of , 2007, between MONROE COUNTY, a political subdivision of the State of Florida, hereafter County, and GENERAL ASPHALT CO., INC., hereafter Vendor, in order to renew and amend the agreement between the parties dated May 16, 2006, (incorporated hereto by reference), as follows: 1. In accordance with Section 6, TIME, the contract is extended for a one-year period. The new contract term will commence April 18, 2007, and end April 17, 2008. 2. Section 7, The Contract Price and Scope of Services, is amended to read as follows: "The County shall pay, and the vendor shall accept, as full and complete payment for all asphalt required by the County, the fixed sum of Sixty-six and 56/100 Dollars ($66.56) per ton for the term of this agreement. These amounts, binding upon the parties for one year, shall not be modified except by an option to extend this contract, in writing and executed pursuant to BOCC approval. The vendor shall deliver Type S-III Asphalt for a period of one year to several locations throughout the County. These locations will be determined by the Owner or its designee at the stated time." 3. In all other respects, the original contract between the parties dated May 16, 2006, 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) BOARD OF COUNTY COMMISIONERS Attest: DANNY L. KOLHAGE, CLERK OF MONROE COUNTY, FLORIDA M (SEAL) Attest: By Title: By: Title: Deputy Clerk Witness Witness By: Mayor/Chairman GENERAL ASPHALT CO., INC. Title: MONROE COUNTY ATTORNEY PROVED AS TO FORM: ATILEENE W. CASSEL ASSISTANT COUNTY ATTORNEY ate Pwthase of Asphalt at a Fixed Price Section 00500 — (Sample Agreement) Standard Form of Agreement Between Owner and Vendor Where the basis of payment is a STIPULATED SUM AGREEMENT Made as of the 16t' day of May in the year of TWO THOUSAND AND SIX. BETWEEN the Owner. Monroe County Board. of County Commissioners, ("BOCC") (Name and address) 1100 Simonton Street Key West, Florida 33040 And the Vendor: General Asphalt Co., Inc. (Name and address) 4850 Northwest 72' Ave. Miami, Florida 33166 For the following: Purchase and Delivery of Asphalt at a Fixed Price to Monroe County, Florida Oversight for Owner: Monroe County Engineer, David S. Koppel, P.E. Monroe County Engineering Division 1100 Simonton Street Second Floor -Room 2-216 Key West, Florida 33040 There is no "Construction Manager" or "Architect", any reference to these terms in this document or in any document pertinent to this project means "Owner". Vendor shall be dealing directly with Owner through its County Engineer and Engineering Division or his Designee. 2/27/2006 STANDARD AGREEMENT BETWEEN OWNER AND VENDOR 00500-1 Purchase of Asphalt at a Fixed Price 1. The Contract and Contract Documents The contract between the owner and the vendor, of which this agreement is a part, consists of the contract documents. 2. The Contract Documents The contract documents consist of this contract, the Request for Bid, Scope of Work and any addenda, all bid forms, and section 02513-specifications and any other amendments hereto executed by the parties after the execution of this Agreement. 3. Entire Agreement This contract constitutes the entire and exclusive agreement between the owner and the vendor with reference to the Purchase of Asphalt at a Fixed Price. The Vendor shall submit to Monroe County a Bid for the purchase of Type S-III Asphalt at a fixed price for a period of one (1) year. Specifically, but without limitation, this contract supersedes any bid documents and all prior written or oral communications, representations and negotiations, if any, between the owner and the Vendor. 4. No Privity with Others Nothing contained in this contract shall create, or be interpreted to create, privity or any other contractual agreement between the owner and any person or entity other than the vendor. 5. Intent and Interpretation This contract is intended to be an integral whole and shall be interpreted as internally consistent. What is required by any one contract document shall be considered as required by the contract. (a) This words "includes," or "including," as used in this contract, shall be deemed to be followed by the phrase, "without limitation." (b)The specification herein of any act, failure, refusal, omission, event, occurrence or condition as constituting a material breach of this contract shall not imply that any other, nonspecific act, failure, refusal, omission, event, occurrence or condition shall be deemed not to constitute a material breach of this contract. (c) The words or terms used as nouns in this contract shall be inclusive of their singular and plural forms, unless the context of their usage clearly requires a contrary meaning. 6. Time The contract time is effective for one (1) year. An option to extend the contract by the owner twice for one year periods is included. This option may be exercised annually upon approval of the BOCC. 7. The Contract Price and Scope of Services The owner shall pay, and the vendor shall accept, as full and complete payment for all asphalt required by the County, the fixed sum of SiNU Five Dollars ($ .001 per ton, not to exceed a total of One 2/27/2006 STANDARD AGREEMENT BETWEEN OWNER AND VENDOR 00500-2 Purchase of Asphalt at a Fixed Price Hundred and Sixty two Thousand Five Hundred Dollars ($�.¢2,SOO.00I, for the term of this agreement. These amounts, binding upon the parties for one year, shall not be modified except by an option to extend this contract, in writing and executed pursuant to BOCC approval. The Vendor shall deliver Type S- III Asphalt for a period of one year to several locations throughout the County. These locations will be determined by the Owner or it's designee at the stated time. S. Payment Procedure The owner shall pay the fixed contract price to the vendor pursuant to the Florida Prompt Payment Act following receipt of invoice. Invoice shall reference Purchase Order numbers and ticket numbers. Invoice, shall be submitted to Monroe County at the end of the month of delivery. 9. Governing Law This contract is governed by the laws of the State of Florida. Venue for all claims or disputes shall be in Monroe County, Florida. Mediation shall be conducted in accordance with the rules for the Sixteenth Judicial Circuit, Monroe County, Florida. This Contract shall not be subject to Arbitration. 10. Successors and Assigns The owner and vendor bind themselves, their successors, assigns and legal representatives to the other party hereto and to successors, assigns and legal representatives of such other party in respect to covenants, agreement and obligations contained in this contract. The vendor shall not assign this contract without written consent of the owner. 11. 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 vendor, supplier, sub vendor, 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 of the Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. By signing below the vendor stages that he/she complies with this paragraph. 12. Trench Safety If applicable to the project, the vendor shall comply with all relevant provisions of the Trench Safety Act (Secs. 553.60-553.64, Fla. Stat.). 13. Contingency Monroe County's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Board of County Commissioners. 2/27/2006 STANDARD AGREEMENT BETWEEN OWNER AND VENDOR 00500-3 Purchase of Asphalt at a Fixed Price 14. HOLD HARMLESS The Vendor 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 attomey's fees) which arise out of, in connection with, or by reason of services provided by the Vendor or any of its Subcontractor(s) in any tier, occasioned by the negligence, errors, or other wrongful act of omission of the Vendor or its Subcontractors in any tier, their employees, or agents. In the event that the service is delayed or suspended as a result of the Vendor's failure to purchase or maintain the required insurance, the Vendor shall indemnify the County from any and all increased expenses or lost revenue resulting from such delay. The first ten dollars ($10.00) of remuneration paid to the Vendor 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. The provisions of this section shall survive the expiration or earlier termination of this agreement. IS. INDEPENDENT CONTRACTOR At all times and for all purposes under this agreement the Vendor 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 Vendor or any of his/her employees, contractors, servants, or agents to be employees of the Board of County Commissioners for Monroe County. 16. ASSURANCE AGAINST DISCRIMINATION The Vendor 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. 17. ASSIGNMENT/SUBCONTRACT The Vendor 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 Vendor, 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 scrvices/goods of the Vendor and compensation to County. 2/27/2006 STANDARD AGREEMENT BETWEEN OWNER AND VENDOR 00500-4 Purchase of Asphalt at a Fixed Pricc 18. COMPL,IIANCE. WITH i.AW In providing all services/goods pursuant to this agreement, the Vendor 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 Vendor. The Vendor shall possess proper licenses to perform work in accordance with these specifications throughout the term of this contract. 19. INSURANCE Prior to execution of this agreement, and maintained throughout the life of the contract, the Vendor shall fi►rnish to the County 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 • fixpanded Definition of Property Damage The minimum limits acceptable shalt be $5,000,000 Combined Single Limit An occurrence Form policy is preferred. If coverage is changed to or 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 48 months fallowing the termination or expiration of the contract. MONROE COUNTY BOARD OF COUNTY COMMISSIONERS MUST BE NAMED AS ADDITIONAL INSURED. B. Vehicle Liability -- inchide as a minimum: • Owned, Non -Owned, and fired Vehicles the minimum limits acceptable shall be $1,000,000 Combined Single Limit If split limits are provided, the minimum limits acceptable shall be: $500,000 per Person; $1,000,000 per Occurrence; and $100,000 Property Damage. MONROE COUNTY BOARD OF COUNTY COrVAfISSIONERS MUST BE NAAIED AS ADDITIONAL INSURED. C, Workers Compensation - limits sufficient to respond to Florida Slalute 440. In addition, the Vc;ndor shall obtain Iimploycrs7 Liability Insurance xvith limits ol'not less than: 2/2712f)(d6 STANDARD AGRE+' NT BETWEEN OWNER AND VENDOR 00500-5 Purchase of Asphalt at a Fixed Price $1,000,000 Bodily Injury by Accident $1,000,000 Bodily Injury by Disease, policy limits $1,000,000 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 A.M. Best Company. If the Vendor has been approved by Florida's Department of Labor, as an authorized self -insurer, the County shall recognize and honor the Vendor's status. The Vendor may be required to submit a Letter of Authorization issued by the Department of Labor and Certificate of Insurance, providing details on the Vendor's Excess Insurance Program. If the Vendor participates in a self-insurance fund, a Certificate of Insurance will be required. In addition, the Vendor may be required to submit updated financial statements from the fund upon request from the County. 20. VENDOR'S RESPONSIBILTI'Y The Vendor warrants that it is authorized by law to engage in the performance of the activities encompassed herein, subject to the terms and conditions set forth in these contract documents. Vendor shall at all times exercise independent I judgment and shall assume responsibility for the services to be provided 21. 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 Senior Director, Lower Keys Operations Monroe County Facilities Maintenance 3583 S. Roosevelt Blvd. Key west, FL 33040 Monroe County Administrator 1100 Simonton Street Key West, FL 33040 FOR VENDOR General Asphalt Co., Inc. 4850 Northwest 72id Ave. Miami, Florida 33166. 22. . CANCELLATION A) In the event that the Vendor shall be found to be negligent in any aspect of installation, stocking, maintenance, repair, or service, the County shall have the right to terminate this agreement after five days written notification to the Vendor. V27/2UU6 STANDARD AGREEMENT BETWEEN OWNER AND VENDOR 00500-6 Purchase of Asphalt at a Fixed Price 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. 23. GOVERNING LAWS, VENUE, INTERPRETATION, COSTS, 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 Vendor agree that venue shall lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. This Agreement shall not be subject to arbitration. The County and Vendor agree that, in the event of conflicting interpretation 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 proceeding. 24. RECORDKEEPING Vendor 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. If an auditor employed by the County or Clerk determines that monies paid to Vendor or not paid to County pursuant to this Agreement were spent for purposes not authorized by this Agreement or wrongfully retained by Vendor, the Vendor shall repay the monies together with interest calculated pursuant to Sec. 55.03, FS, running from the date the monies were to have been paid 25. 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 Vendor 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. 26. ATTORNEY'S FEES AND COSTS The County and Vendor 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, 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. 2/27/2W6 STANDARD AGREEMENT BETWEEN OWNER AND VENDOR 00500-7 Purchase of Asphalt at a Fixed Price 27. BINDING EFFECT The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the County and Vendor and their respective legal representatives, successors, and assigns. 28. 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 or individual action, as required by law. 29. CLAIMS FOR FEDERAL OR STATE AID Vendor and County agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state finds 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. 30. ADJUDICATION OF DISPUTES OR DISAGREEMENTS County and Vendor 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 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. This provision does not negate or waive the provisions of Paragraph lb concerning cancellation. 31. 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, County and Vendor 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 Vendor specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. 32. NONDISCRIMINATION County and Vendor 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 Vendor 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 V1 of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or 2/27/2006 STANDARD AGREEMENT BETWEEN OWNER AND VENDOR 00500-8 Purchase of Asphalt at a Fixed Price 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 VM 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 of, this Agreement. Monroe County Code Ch. 13, Art. VI, prohibiting discrimination on the basis of race, color, sex, religion, disability, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age. 11) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. 33. COVENTANT OF NO INTEREST County and Vendor 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. 34. 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 Statues, 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. 35. SOLICITATION/PAYMENT The County and Vendor 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 Vendor 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. 36. PUBLIC ACCESS The County and Vendor 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 Statues, and made or received by the County and Vendor in conjunction with this Agreement; and the County shall have the right to unilaterally cancel this Agreement upon violation of this provision by Vendor. 2/27/2006 STANDARD AGREEMENT BETWEEN OWNER AND VENDOR 00500-9 Purchase of Asphalt at a Fixed Price 37. NON -WAIVER OF IMMUNITY Notwithstanding the provisions of Sec. 768.28, Florida Statues, the participation of the County and the Vendor 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. 38. PRIVILEGES AND IMMI NITIES 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 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. 39. 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 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. 40. NON -RELIANCE BY NON-PARTIES No person or entity shall be entitled to rely upon the terms, or any of them, of the 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 Vendor agree that neither the County nor the Vendor 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. 41. ATTESTATIONS Vendor agrees to execute such documents as the County may reasonably require, including a Public Entity Crime Statement, an Ethics Statement, and a Drug -Free Workplace Statement. 42. 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. 2/27/2006 STANDARD AGREEMENT BETWEEN OWNER AND VENDOR 00500-10 purchase ot'Asphalt at a Fixcd Price 43. EXF,CUITION IN COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shad be regarded as an original, all of which taken together shall constitute one and the same instrument any of the parties hereto may execute this Agreement by signing any such counterpart. 44. 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 arc not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. 45. CONTINt` ENC;Y 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. WHNRF.0F the parties hereto have executed this Agreement on the day and date first written 4).:counterparts, each of which shall, without proof or accounting for the other counterparts, be lconh�act. Ott► , NN I"OKOLHAGF, CLFRK �A Deputy Clerk 0 Date: !/ 1 (SEAL) Attu By: Title By-. Title: _for , , iYd�dr3irJ" BOARD OF COUNTY COMMISSIONERS OF MONROE CO FLORIDA 3 v By: Mayor hairmq'Nc^)x c-y • r V ENDt Z Q CA Cn MONROE COUNTY ATTORNEY APPROVED AS TO FORM: �SUSAN M_ IMSLEY ASSISTANT COUNTY ATTORNEY FND OF SI+C'FiON 00500 '*t M Q "Y1 C) rn n 0 v WITNESS 2r27i2006 STANDARD AGREEMENT tat-"f'WEEN OWNER AND VENDOR 00500-t I BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: April 18 2007 Bulk Item: Yes X No Division: Engineering Department: Facilities Development Staff Contact Person/Phone #: Jerry Barnett X4416 AGENDA ITEM WORDING: Receipt of monthly report on Change Orders reviewed by the County Administrator's Office. ITEM BACKGROUND: There were six change orders considered and approved by the County Administrator for the period beginning March 1, 2007 and ending March 31, 2007, totaling $93,946.65. PREVIOUS RELEVANT BOCC ACTION: On September 9, 1998, Ordinance No. 026-1998 was adopted in order to provide that the County Administrator may approve separate, non -cumulative change orders for construction projects and professional service contracts in amounts not to exceed $25,000.00 or 5% of the original contract price, whichever is greater. The BOCC requested a monthly report of all change orders considered by the County Administrator. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: N/A TOTAL COST: N/A COST TO COUNTY: N/A BUDGETED: Yes N/A No SOURCE OF FUNDS: N/A REVENUE PRODUCING: Yes , No _ AMOUNT PER MONTH Year APPROVED BY: County Atty _ OMB/Purchasing Risk Management DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM # Revised 11/06 MONROE COUNTY FACILITIES DEVELOPMENT M E M O R A N D U M TO: David Koppel County Engineer FROM: Ann Riger, Contracts Administrator t Facilities Development DATE: April 3, 2007 RE: Agenda Item — Change Order Report AGENDA ITEM WORDING: Receipt of the monthly report on Change Orders reviewed by the County Administrator's Office. ITEM BACKGROUND: There were 6 change orders considered and approved by the County Administrator totaling $93,946.65. They are as follows: 1. N. Key Largo Fire Station Change Order No. 9 in the amount of $4,777.50 for the purchase and installation of cables for telephones and cable television. Typically, County personnel installs cabling but was unable to schedule installation at the Fire Station due to other County commitments. 2. N. Key Largo Fire Station Change Order No. 10 in the amount of $341.25 for herbicide treatment under asphalt paving. This prevents growth under the asphalt which causes premature failure and repair of the paved area. 3. Freeman Justice Center Change Order No. 30 in the amount of $64,879.50. $27,809.25 is for powder -coated aluminum grilles at the parking garage with DoorKing gate opener and four remote control operators, in lieu of the design from CSA. $9,187.50 is to furnish and install fire - rated insulation on the PVC piping in the return air plenum spaces to meet Florida Building Code requirements. $26,859.00 is to resolve grade conflicts in the parking lot by adding 2 nyplast basins, deleting 1 concrete basin, add a modified type `D' curb and a 4" sidewalk. $1,023.75 is to furnish and install a powder -coated aluminum guardrail and grab -rail, for the new stair added at the exit door at stair #3. 4. Big Coppitt Key Park Change Order No. 5 is for a time extension of 31 days, from March 6, 2007, to April 6, 2007, at no additional cost to Monroe County due to the delay of the delivery of roof panels for the pavilion. 5. N. Key Largo Fire Station Change Order No. 11 is for a time extension of 22 days, from March 12, 2007 to April 3, 2007 at no additional cost to Monroe County due to the delays in receiving permits, the extension of the FKAA water main, and unanticipated engineering changes of the supporting structures for the exhaust fans and window supports, and fabrication of additional support members. 6. Medical Examiner's Facility Change Order No. 3 in the amount of $23,948.40 is excavation and backfill with crushed limerock due to "muck" found during the initial excavation for the access road. PREVIOUS RELEVANT BOCC ACTION: On September 9, 1998, Ordinance No. 026-1998 was adopted in order to provide that the County Administrator may approve separate, non- cumulative change orders for construction projects and professional service contracts in amounts not to exceed $25,000.00 or 5% of the original contract price, whichever is greater. The BOCC requested a monthly report of all change orders considered by the County Administrator. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: N/A Thank you. If you have any questions please call me at ext. 4439. AR q� W 2 W Z V tY FI LL LL ,O YI O M Q m U W F m W W Z O U ki -8 x a� R CL U y � �, c c m E0 E ou c i _0 � � E c � � . lu It �LI W 0U) 0 0 �p 0 \ o O •-� r+ Ol f1 M C1 O M u O O Cl p O Cl p C 0 yR C p ----pypypyy C _ _ n > -� v Y Z � n a� R � C �Rp U — _ t 3 Ii ycm N O'- R tM N p R L _ (A p _p p u 3 Vl w 3Chc� a'c3�a mF F 2 Ln �CD N pin ^ co p O pp O M !NA Ln 0 0 be 0 � �0 $9 itrn iL Y Iz c R C O� '-3+ g' Z Z Z a a a MONROE COUNTY / ENGINEERING /FACILITIES DEVELOPMENT CONTRACT CHANGE ORDER PROJECT TITLE: N. Key Largo Fire Station #25 TO CONTRACTOR: Overholt Construction Corporation 10460 SW 187Terrace Miami, FL 33157 The Contract is changed as follows: CHANGE ORDER NO: 9 INITIATION DATE: December 28, 2006 CONTRACT DATE: May 18, 2005 COR #26 The original (Contract Sum) (Guaranteed Maximum Price) ................:. $2,030,500.00 Net change by previously authorized Change Orders ................................................ 79,806.32 The (Contrad Sum) (Guaranteed Maximum Price) prior to this Change Order was ......... $2,110,306.32 The (Contract Sum) (Guaranteed Maximum Price) will be rncreas (decreased) The new (Contract Sum) (Guaranteed Maximum Price) including tthhis Change Order is ... $2,115,083 57 The Contract Time will be (increased) (decreased) lunchanged) by .............................. N/A The date of Substantial Completion as of the date of this Change Order is .................... March 12, 2007 Detailed description of change order and justification: The Contract plans called for insiallatio of con ft for telephone dais and cable telev►sion vuffsts but did not ►nclude I //alien of --yes, Monroe COLn& T hir;si ce.. 3cs"� �••• •� • .•a. iices is unable to stall the cables in the time frame revui►ed forprolect completion due to commibnerrts at other County propertles This reouest Is for additlon it funds to install reaub+ed cabJlna only 560. Taxes and deliver Credit for original contract allowance Overholt Construction S% 227 SB Not valid until signed by Owner. Architect and Contractor ARCHITECT: P_ +.� �7 �7 William P. Hom Archite , P," Da e CONTRACTOR: ' o" Overholt Construction C _ Date DIRECTOR, FACILITIES DEVELOPMENT:JI Bain Date COUNTY ENGINEER: avid Pppe1L Date COUNTY ADMINISTRATOR Thomas Willi/Debbie Frederick -Deputy Date Change Order Attachment per Ordinance No. 004-1999 • Change Order was not included in the original contract specifications. Yes ® No ❑ If Yes, explanation: The cabling was not included in the original plan/bid since these cables are typically installed by County personnel. Monroe County Technical Services is not able to schedule installation before project completion due to other County commitments. 0 Change Omer was included in the original specifications. Yes ❑ No If Yes, explain what event or circumstance compels an increase in the contract price: Change Order exceeds $25,000 or 5% of contract price (whichever is greater). Yes ❑ No If Yes, explanation as to why it is not subject for a calling for bids: • Project architect approves the change order. Yes ® No ❑ If no, explanation of why: + Change Order is correcting an error or omission in design document. Yes []No Should a claim under the applicable professional liability policy be made? Yes ❑ No Explain: CMD007--1/20/06 offNIINT CONSTRUCTION CORPORATION CmG b6f 6t► ExP9n4"C* /n .50v FIWY& .51me 1Y948 REQUEST CHANGE ORDER ro: .may samett Monroe County FadgWs Devebp rmW 1100 Simonton Street, Room 2-216 Key weal. FL 33040 GGC 000164 10460 SW 187th Terrace CGC 022801 Miami, Florida 33157 CGC 057740 Phone: 305-234-8877 Fax 305-234-6535 NUMBER Twenty Six (26) DATE :.January 24, 2007 PROJECT: Monroe county Fir* Station #25 OCC JOB llr: D5-1003 .... — —aw ---* u n- win larminare on a w u mount I. Jacks will termhwAe on Rj.45 Cat5E connectors Electric to install (12) voice cables that win terminate on a 66 block Electric to install (4) RG-6 Cables that will terminate on F-Connedors Electric to test and ow iry an Data cabling to Cat5E standards COST OF THE WORK Subtotal Overtlead a 5% TOTAL COST OF THIS WORK RESP C LLY 8UBIA1 REVIEWED AND APPROVED BY, OVERHOLT CONSTRUCTION CORPORATION MONROE COUNTY BOARD OF COMMISSIONERS TE ' DATE: $4,550.00 $4.550.00 $227,50 tilt: 'C"Du<uments"o2Oand"o20Setttngs.4ViIson-Kevin'DesktopiRE'n-?Aoice Da ta' ',2OEsti ma te. h tin From: Shawn Mills [mailto:SMills@mecojax.com] Sent: Wednesday, January 24, 2007 10:53 AM To: Teresa Pries Cc: Brian Dreher Subject: Voice&Data Estimate Good morning Rod/Teresa, Miller Electric is pleased to provide the following Quote for the North Key Largo Fire Station. 1. Miller will install 7 Data cables that will terminate on a wall mount mini patch panel. Jacks will terminate on RJ-45 Cat5E connectors. 2. Miller will install 12 voice cables that will terminate on a 66 block. 3. Miller will install 4 RG-6 cables that will terminate on F- connectors. 4. Miller will test and certify all Data cabling to Cat5E standards. Total cost for this project including permit: $4,560.00 Regards, Shawn Mills Superintendant Miller Electric Company Communications -South Florida 1881 State Road 84 Ft. Lauderdale, FI 33315 954-761-2110-Office 954-761-2109-fax 305-796-6910-cell www.mecoiax.com tile:- A , Doc ument;",,o20and"'I_tiSettir,gs/Wilson -Kevin/ Desktop, RE`%�20VoiccData°;,20Eitimate. htm (2 of 2 )1!24/?007 4: 15�30 pM M EM ORA ND UM TO: Board of County Commissioners From: Debbie Frederick Deputy County Administrator Date: February 28, 2007 RE: Change Orders Attached is a proposed change order for the N. Key Largo Fire Station #25. (Change Order #9 for Overholt Construction Corporation is for $4,777.25 for installation of cables for telephone data and cable television outlets.) According to the ordinance adopted by the Board of County Commissioners, proposed change orders are to be presented to members of the Board of County Commissioners prior to approval, assuming they are within the Administrator's prescribed limits. Change orders not within the Administrator's authority are placed on the BOCC agenda. The Deputy Administrator intends to approve this change order on Thursday, February 29, 2007. Debbie Frederick Deputy County Administrator OLF: adc rage i or i Campo-Abra From: Campo-Abra Sent: Wednesday, February 28, 2007 2:10 PM To: County Commissioners and Aides Subject: Change Order Attachments: 00003954 536.tif Please review the attached Change Order #9 for Overholt Construction for the N. Key Largo Fire Station #25. Abra Campo Sr. Administrative Assistant Ofi"Ke of County Administrator 1100 Simonton St. Suite 205 Key West FL 33040 (305)292-4445 2/28/2007 MONROE COUNTY / ENGINEERING /FACILITIES DEVELOPMENT CONTRACT CHANGE ORDER PROJECT TITLE: N. Key Largo Fire Station #25 TO CONTRACTOR: Overholt Construction Corporation 10460 SW 187 h Terrace Miami, FL 33157 The Contract is changed as follows: CHANGE ORDER NO: 10 INITIATION DATE: January 9, 2007 CONTRACT DATE: May 18, 2005 COR #23 The original (Contract Sum) (Guaranteed Maximum Price) ......... $2,030,500.00 Net change by previously authorized Change Orders ................................................ 84,583.57 The (Contract Sum) (Guaranteed Maximum Price) prior to this Change Order was ......... $2,115,083.57 The (Contract Sum) (Guaranteed Maximum Price) will be (increased) (decreased) (unchanged) by this Change Order .................. $ 341.25 The new (Contract Sum) (Guaranteed Maximum Price) including this Change Order is ... $2,115,424,82 The Contract Time will be (increased) (decreased) (unchanged) by .............................. N/A The date of Substantial Completion as of the date of this Change Order is .................... March 12, 2007 Detailed description of change order and justification: Apply an herbicide treatment to the areas to be paved with asphalt, after the base is installed and compacted, but before final paving materials are applied This prevents _growth under the asphalt which causes premature failure and repair of the of the paved area Herbicide Treatment $325 00 5% Overhead 16.25 341.25 ARCHITECT: CONTRACTOR: DIRECTOR, FACILITIES DEVELOPMENT: COUNTY ENGINEER. COUNTY ADMINISTRATOR William P. Hom Overholt Construction Z& 0 Date '�Z_ ef_'Z Date PMA Koppel, .E. Date F Thomas Willi/Debbie Frederick -Deputy Date Change Order Attachment per Ordinance No. 004-1999 • Change Order was not included in the original contract specifications. Yes ® No ❑ If Yes, explanation: The specification for herbicide treatment under asphalt paving was inadvertently left out of the project manual and was added when the contraction inspector supervisor noticed the omission when paving preparations were being made. • Change Order was included in the original specifications. Yes ❑ No If Yes, explain what event or circumstance compels an increase in the contract price: • Change Order exceeds $25,000 or 5% of contract price (whichever is greater). Yes ❑ No If Yes, explanation as to why it is not subject for a calling for bids: • Project architect approves the change order. Yes ® No ❑ If no, explanation of why: 0 Change Order is correcting an error or omission in design document. Yes ®No ❑ Should a claim under the applicable professional liability policy be made? Yes ❑ No El Explain: The requirement is not clearly stated in the County's standard specifications. C MD007--1 '20/06 C UNTYSor2N ROE KEY WESTDA 33040 (305)294-4641 January 3, 2007 By Facsimile & Electronic Mail Mr. Rodney Overholt Overholt Construction Corporation 10460 SW 187`h Terrace Miami, FL 33157 771 �-- BOARD OF COUNTY COMMISSIONERS Mayor Mario Di Gennaro, District 4 Mayor Pro Tem Dixie M. Spehar, District 1 George Neugent, District 2 Charles "Sonny" McCoy, District 3 Sylvia I Murphy, District 5 SUBJECT: Addition of Herbicide Treatment Prior to Placement of Asphalt There has been some confusion about the inclusion of an herbicide treatment between the compacted sub -grade and the asphalt at the North Key Largo Fire Station project (also known as Monroe County Fire Station #25). It appears that herbicide application of herbicide may have been omitted from the project specifications. This directs you to provide an herbicide treatment on the compacted sub -grade prior to placement of the asphalt. You may cite this letter as authority to include a change requesting additional funding for this construction change directive. In the interest of expediting the process, please coordinate with Mr. Carl Cormier, Monroe County Construction Inspector Supervisor for the project, regarding the selection of an appropriate herbicide, which should be applied per manufacturers recommendations. Mr. Cormier has the authority to approve the selection. Kevin G. Wilson Project Manager cc: Mr. J. Bamett Mr. Carl Cormier Mr. W.P. Horn Ms. T. Pries Ms. Ann Riger CGC 000164 10460 SW 187th Terrace CGC 022801 Miami, Florida 33157 CGC 057740 Phone:305-234-9677 Fax: 305-234-6535 Experience in South Florida Since 1948 REQUEST CHANGE ORDER NUMBER Twenty Three (23) TO: Jerry Barnett DATE : January 9, 2007 Monroe County Facilities Development 1100 Simonton Street, Room 2-216 PROJECT: Monroe County Fire Station #25 Key West, FL 33040 OCC JOB #: 05-1003 Herbicide Treatment $325.00 REMARKS: See attached Invoice from Shield Pest Control COST OF THE WORK $325.00 Subtotal S325.00 Overhead @ 5% $16.25 TOTAL COST OF THIS WORK $341.25 RESPECTFULLY SUBMITTED, REVIEWED AND APPROVED BY, OVERHOLT CONSTRUCTION CORPORATION MONROE COUNTY BOARD OF COMMISSIONERS Rodney Overholt, Project Manager DATE: DATE: 's L« 0- PEST C-0—NTROL tDc 54wi l[UWAY HOWSTEA1,1133031 3OS-147 1771 OVERHAULT CONSTRUCTION 35 OCEAN REEF DRIVE SUITE # 148 KEY LARGO, FL 33037 Date Invoice Completed Number STATEMENT If you have mailed your payment, please disregard this statement. For your convienience, we accept Mastercard and Visa, for automatic bill payment. Thank youl P.O. Ntsmbor. Payments Days Finance Service Amount: Tax: and Credits old Charge New Balance OVERHAULT CONSTRUCTION 220 Reef Drive Mm 106.5 1/4/2007 180212 Soii Pretreatment $325.00 $0.00 $0.00 11 $0.00 $325.00 Please Remit:3.o(i Pease aOmplele this portion end velum vkh ptynwnt. Thank you. Statement Date: 1/15/2007 Account Key: 9643 Please Remit: $325.00 M EM ORA ND UM TO: Board of County Commissioners From: Debbie Frederick Deputy County Administrator Date: February 28, 2007 RE: Change Orders Attached is a proposed change order for the N. Key Largo Fire Station #25. (Change Order #10 for Overholt Construction Corporation is for $341.25 to apply an herbicide treatment to the areas to be paved with asphalt.) According to the ordinance adopted by the Board of County Commissioners, proposed change orders are to be presented to members of the Board of County Commissioners prior to approval, assuming they are within the Administrator's prescribed limits. Change orders not within the Administrator's authority are placed on the BOCC agenda. The Deputy Administrator intends to approve this change order on Thursday, February 29, 2007. Debbie Frederick Deputy County Administrator UP adc rape 1 ui 1 Campo-Abra From: Campo-Abra Sent: Wednesday, February 28, 2007 2:11 PM To: County Commissioners and Aides Subject: Change Order #10 Attachments: 00003955 537.bf Please review the attached Change Order #10 for Overholt Construction for the N. Key Largo Fire Station #25. Abra Campo Sr. Administrative Assistant Mice of County Administrator 1100 Srmonton R. Suite 205 Key West FL 33040 (305)292-4445 2/28/2007 MONROE COUNTY / ENGINEERING /FACILITIES DEVELOPMENT CONTRACT CHANGE ORDER PROJECT TITLE: Freeman Justice Center Jackson Square Key West, FL TO CONTRACTOR: The Tower Group, Inc. 405 SW 148tt Avenue Suite One Davie, FL 33325 The Contract is changed as follows: CHANGE ORDER NO: 30 INITIATION DATE: Various CONTRACT DATE: June 16, 2004 COR #34-R2; 37A; 42-R2; and 83 The original (Contract Sum) (Guaranteed Maximum Price) ........................................ $13,804,000.00 Net change by previously authorized Change Orders ................................................ $ 1,965,299.30 The (Contract Sum) (Guaranteed Maximum Price) prior to this Change Order was ......... $15,769,299.30 The (Contract Sum) (Guaranteed Maximum Price) will be (increased) (decreased) (unchanged) by this Change Order ............... $ _ 64,879.50 The new (Contract Sum) (Guaranteed Maximum P rice) Including this Change Order is ... $ , The Contract Time will be (increased ) ) (decreased) (unchanged) by .................. ( ) N/A The date of Substantial Completion as of the date of this Change Order is ..................... January 25, 2007 Detailed description of change order and justification: Aluminumg sate and .grilles at the parking .garage $27 809 25 Fire rated insulation for PVC sanitary and dram Dig"n throw h the HVAC return air Plenum spaces Resolve .grade conflicts to the parkina lot 9 187.50 Powder coated aluminum uardrail and rab-rail 26 859 00 Total 1023.75 This change order is .411 % of the original contract price Not valid until signed by Owner. Construction Manager and Contractor ARCHITECT: N/A Date CONTRACTOR: � The Tower Group ate DIRECTOR, FACILITIES DEVELOPMENT: rry Bdr- Date *aSCOUNTY ENGINEER:� Koppel, PEE Date COUNTY ADMINISTRATOR Thomas Willi/Debbie Frederick -Deputy ate The Tower Group, Inc. CHANGE ORDER REQUEST 405 SW 143 Av,:nue I`'o. 00037B Sate One Phone: (954) 476-3200 Davie, F:- 33325 Fax: (9541 474-311 TITLE: Option'B' - Garage Gate & Grilles DATE: I!26/2007 PROJECT: Freeman Justice Center (FJC) JOB: 0417 TO: Attn: Clark Briggs CONTRACT NO: 1 Monroe County Facilities Development 1100 Simonton Street Key West, FL 33040 Phone: (305) 2954306 Fax: (305) 295-4321 RE: EST To: TTG From: ATLMETAL Number: ATLM003 DESCRIPTION OF PROPOSAL Change Order Request (COR) #3713 proposes to furnish and install powder -coated aluminum grilles and gate of standard color with vertical picket design as shown on the attached sketch in lieu of the design on CSA Drawing A3.00N (Re: COR #37A), complete with DoorKing 9050 gate opener and four (4) remote control operators. The cost for this Extra Work is S27,809.25. Lump Sum: $26,485.00 Lump Tax: $0.00 Lump Total: S26,485.00 Subtotal: $26,485.00 Description Markup Percent Markup Amount Profit 5.000% $1,324.25 Total Cost: $27,909.25 q'd L99Z-96Z-906 dnoic� jnAAn-- ATLANTIC METALS V-t o03 tl Key We KeYWeFl. st, I.33040 Estimate'^--rc-- CD,. Office (305) 293-1865 Number. E269 Fax (305) 293-18ti2 SiX To: _ Date: November 21 2006 _ The Tower Cxcu -.-----.-- P, ire. Ship To: ---- 4Q5 SW 148th Ave Ste 1 - m F296-2521 Davie, Fl- 333.25 f f Fax 296-2587 I 954 476 3200 Fax 954 474 3 i 11, Freeman Justice Ctr - - Deserfptton AS PER DRAWINGS By A------- - -- — TIC METALS _ ------- ----_-- - -- --�. ____ ----_ Amount MATERIALS: Frame 2" x 4" rec. tube 4" cirdes Horizontals 1" x 2" channel Pickets 3/4„ _.._.._ All to be powder coated a standard color -specialty colors tube change (additional Custom fabricate and install double slide gate 23'-4" Sup & i ply nstall two Doco(ing 9050 a� elecxrc to gate openers 9 openers wkh 4 nemotescustorle�r to super, 12,650.00 Custom fabricate S install two aluminum wall! panels 5�a•00 PANEL ONE 13'-6 112" x 6' 2" PANEL TWO 23'-1 12" x 6'-2" 3,060.00 Additional remotes S30.o0%xh 5,175.00 Customer to supply permits -- - - ----- Tom-- LSZ6,485.00 , 9-d L85Z-96Z-50£ finnl„ -AA- .- Rim opo- - -- I■ 1% ■1--...... �■r_� i -i.._ I....... _. __ ...__.- ..___ fn nil •+. . . .n 0.i_ ....... ......... ir: .1_.... —.. _. Rim iii��i i • i��if . iml �; • • �'-•+'eta �i • 8'd LBSZ-96Z-90£ dnnin Ianeni CHANGE ORDER OWNER Q REQUEST (COR) ARCHITECT O CONTRACTOR ❑ FIELDITHEE ❑ I OTHER ❑ 1TOY.,ER a G ROUF PROJECT: FREEMAN JUSTICE CENTER COR NUMBER: 00042-R2 Jackson Square DATE: February 15, 2007 Key West, Florida CONTRACTOR PROJECT #: 0417 CONTRACTOR: The Tower Group, Inc. CONTRACT DATE: 6/16/2004 405 S. W 148th Avenue Suite # 1 Davie, Florida 33325 DESCRIPTION OF CHANGE: Change Order Request (COR) #00042-R2 proposes to furnish and install fire -rated insulation on the PVC piping in the return air plenum spaces in order to meet Florida Building Code requirements. COR #00042-R2 supersedes COR #00042-RI in its entirety and proposes to perform this extra work for a Contract 'rice Increase of $9,187.50 based on the attached February 12, 2006 Proposal from Key's Acoustics Corp. We propose to change the Contract as follows ITEM DESCRIPTION UNITS QTY. UNIT PRICE EXTENSION Furnish and install thermal ceramics, 1 Firemaster Plenumwrap, on all LS 1.00 $ 8,750.00 $ 8,750.00 exposed PVC piping in the return air plenum spaces. ............................................................ .............................. ............. - ............. .......................... ...... .......... I-- ............................. ................. ........................... ............................. .................... ...................... .............................................................................................................................................................................................................. __....................... $................................'......... ...................... .................................. _................... ............................... ............. .......................... ......................... ............................................ ................ ................ ................... ......................................................................................................................................... ...........................$................................-......... ......'......... ................................................................................................................................................................................ $................................-......... ............................................. ........................................................................................................................................................................ $ ................................................. ................................................................................................... .................................................................................................................................................................. . $ - $ - ................................................................................................................................................................................................ _. ........ -.... S - ...... ................................................................................................................................................................................................................................................................. .......................................... $ - ............................................. ........................................................... ... ............................................................................................................................................. $ - S - Subtotal $ 8,750.00 Contractor Fee $ 437.50 Tax Total $ 9,187.50 2/15/2007 Page # 1 COR0042-R2-InsulatePVClnPlenum The Tower Group, Inc. j 405 SW 1481" Avenue, Suite One Davie, Florida 33325 Phone: 954-476-3200 Fax: 95"74-3111 .THE TOWER GROUP To: Monroe County Facilities Development Attn: Clark Briggs Fax: (305) 295-4321 From: John Chandler Tel/Fax: (954) 476-3200 / (954) 474-3111 Pages: 3 Phone: (305) 295-4306 Date: February 15, 2007 Re: Freeman Justice Center (FJC) CC: TTG/MO (COR-42), FF (COR-42) 0417 - 02569 ubieet: Change Order Muest #42-R2 ❑ Urgent ❑ For Review ❑ Please Comment ❑ Please Reply ❑ Please Recycle e Comments: Clark, Please find attached Change Order Request #42-R2 to furnish and install fire -rated insulation on the PVC piping in the return air plenum places. As you will recall, Monroe County offered a conditional approval of our previous COR for this work, #42-R1 (less lodging costs which were to be submitted separately after the work for reimbursement), and our subcontractor declined this condition. COR #42-R2 is based on a proposal from a local insulating contractor, which eliminates the lodging costs. Please approve this COR as soon as possible so we can insulate these pipes and close in the ceilings and proceed with millwork installation. Sincerely, Johp Chandler, Project Manager ,: " '[ G 0- �i�L�� _ .....El n r Key's Acoustics Corp. 17192 Marlin Drive Summerland Key, Fl 33042 phone:305-745-9945 fax:305-745-2888 February.12, 2007 The Tower Group �Wl 405 SW 148'' Avenue Suite One Davie, F133325 Att: Mr. Timothy Clarke Proposal Re: Fleming Street Project Key West, Fl . Supply and install thermal ceramics, firemaster plenumwrap on all exposed PVC piping in all areas as directed. Cost of this project is: $8,750.00 Thank you for the opportunity. If you have any questions, please give me a call. Sincerel 14 Mike Scanlon Approved & Accepted Date Post -IV Fax Note TO Ca., Dept. Phone # Fax k A 7671 Date From Ca. phore 11 2'd L8S2962:01 88829bLSO2T SOUSnO0H Sk3A W0dA ttLb:tt 1002-21-63-4 HP OfficeJet 7210 Personal Printer/Fax/Copier/Scanner Last Transaction Date Time Type Identification Feb 15 5:40PM Fax Sent 3052954321 Log for The Tower Group 305-2W2587 Feb 15 2007 5:41 PM Duration Pages Result 1:25 3 OK CHANGE ORDER OWNER El ARCHITECT REQUEST (COR)�� CONTRACTO CND FIELD OTHER 4/ _1�'THE TOY-1 ER GROJP PROJECT: FREEMAN JUSTICE CENTER COR NUMBER: 00034-11 Jackson Square DATE: February 20, 2007 Key West, Florida CONTRACTOR PROJECT #: 0417 CONTRACTOR: The Tower Group, Inc. 405 S.W. 148th Avenue Suite # 1 Davie, Florida 33325 CONTRACT DATE: 6/16/2004 MONROE COUNTY FACILITIES DEVELOPMENT FEB 2 0 2007 'nME: RECEIVED BY: DESCRIPTION OF CHANGE: This Change Order Request (COR) addresses the changes to the parking lot to resolve grade conflicts that TTG first identified and made known to Monroe County Facilities Development (MCFD) and Gonzalez Architects (GA) via RFI #9, dated November 9, 2004. GA issued a revised Site Plan Drawing, #C-I dated December 10, 2004, in response to RFI #9 but these revisions did not address the grade conflicts as outlined in TTG Letter #0417-00259, dated Dec. 28, 2004. GA had not yet provided a resolution at the time of their termination by the Monroe BOCC in October 2005. In December 2005, Currie Sowards Aguila Architects (CSA), the replacement Architect, issued drawings to resolve the grade conflicts: #SK-2 and #SK-2A for a proposed retaining wall (Re: COR # 15), #SK-3 for a proposed wall to close in the parking garage exit (COR #16), and #A3.10 for proposed parking lot modifications and an added swale. The Civil Engineer approved these changes in March 2006, and CSA issued Drawing #A2.00S in April 2006, compiling the above -referenced changes. TTG submitted COR #34 in September 2006, which MCFD disapproved for lacking credit for a deleted concrete basin. TTG submitted COR #34-R1 in October 2006, incorporating MCFD's comments from COR #34, which MCFD disapproved for lacking detailed breakdowns of the original and revised scopes of work. COR #34-R2 revises and supersedes COR #34 and COR #34-R1, and incorporates all previous MCFD review comments. We propose to change the Contract as follows: ITEM IDESCRIPTION I UNITS CITY. UNIT PRICE EXTENSION Add 2 Nyplast Basins & 20LF of 1211 l ADS Pipe .............................................. ..... I-- ........... LS 1.0 $ 11,000.00 $ 11,000.00 ................................................... .......................... ...... ................... 2 elete 1 Concrete Basin EA. 1.0 ............................................ $ (4,000.00) ... $ ...........................I................. (4 000.00) 3 A d Modified Type'D. Curb ...................................... LF 350.0 ...........................I.................I......... $ 18.50 $ 6,475.00 4 . 4 . Sidewalk SF 1,345.0 $ ......................................................... 9.00 ..................................... $ ................................................ 12 105.00 ' ...................................................................................................................................................................................$ - .............. .................................... .............................................. ................ .... ...... ........................ .............................. I .............. ........................................... ....$ - ............................................................................................................................................................................................................................................ ........................................... - ...............................................................................................................................................................................$................................',..... ....................... ....................................................................................................................................................................................... $................................"......... .. .................................................................................................................................................................................................................. $..... .................................................................................................................................................................................... $................................"......... ............... ........ ............... ... .................. -...... ..................... ................................... ............... ........ - ............ ............................. Subtotal $ 25,580.00 Contractor Fee $ 1,279.00 , Tax Total $ 26,859.00 2/20/2007 Page # 1 COR0034-R2-ParkingLotChanges 0 o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o c 0 0 0 0 o c Q c 'p o o 00000C;C; �noov�0000�oc sic �n �oo�ov?V?ort�c cV N M vi N v Cf M r-r W C� 64 64 69 64 64 69 64 69 64 64 64 6° 40 4 o o 0C) C) OCDC)C) 0000 oo s � p., o 6 66 0 tno= v= 0 0 N O o0 0� C o �. . 000�noo.-•� o C M N rq 69 6012), 69 69 6o , Go,) 69 1 64 64 ' 64 ! 64 69 a a �"'i�w�w�n�a�al��a c �o 0 00 kn Ql� N 69 69 o;o; :o 0 o:o;o. CD: o.o: :o 0 o;n:n; y l� ;C�:00: ;V1:N;M: 69 :I�oq:IEOS:Gol,:C (A60s:r6s:69'696469 69 ;v-i 0 .-69 :69:69: :69:64:69:69; : :69 cl a : : CA: 4: n: In: 14. 4. cn cr CTQD3 R\ CHAP -LEY TOPPTNO & SONS, INC. r.v- 0VA fVF KEY WEST, FLORICK 33o41 pop 211E-5606 FAX (305) 296.31EE The Tower Group, Inc. 405 SW 148m Ave. Suite One Davie, Florida 33325 ATTN: TIM CLARK September 28, 2005 Fax: 296-2587 FREEMAN JUSTICE CENTER Project # 0405 SUBJECT. PROPOSAL FOR STORM SEWER WORK IN PARKING LOT Dear Tim; The purpose of this letter Is to submit a proposal to install 2 NYLOPLAST basins In the parking lot area of the Freemen Justice Center SCOPE OF WORK: INSTALL 2 NYLOPLAST ADS DRAIN BASINS INSTALL 20 LF OF 12' ADS DRAINAGE PIPE FORM & GRADE SWALE TOTAL FOR EXTRA WORK: CREDIT FOR CATCH BASIN NOT INSTALLED: PROPOSAL AMOUNT: t 4,000.00 $ 7,000.00 NOTE: Due to increase in the cost of asphalt, there Is no deduction for the reduction in paving. If you have any questions please advise. Sincerely; CHARLEY TOPPINO & SONS, INC. A,Q Ronald J. Armstrong Project Manager C4ARLEY TOPPINO & SONS, INC. P.0 Rnv 787 • KFY VvEs'r FI-C)RIna =3041 • t305; -96-56(6 • FAX (305) 298-5189 The Tower Group, Inc. 405 Southwest 148u'-St. Davie, Fl. 33325 Att: Tim Clark Re: Proposal for additional work at Freeman Justice- Center. Items: I. Modified type "D" curb. 3501f. $ 6,475.00 2.4 in. sidewalk 1,345 sf. 12,105.00 18,580.00 • This proposal is based on sheet 9 A2.00S as highlighted. J`W2 - DATE 10 / 9 / 06 Edward Toppino, Jr. An EYjal Ccpatunity Erployer f - r't� �:, U lrc. TOPPINO'S, INC. P.0, Bcx 7e7 • KEY WW. FL.CRID. 33041 a (305) 22e-6aoe • Rix (205) 296.5189 PROPOSAL FREEMAN JUSUCE BUILDING KEY WEST, FL.. SCOPE OF WORK: 1, Demolition of existing asphalt and retaining wall & sidewalks 2. Grade building site to bottom of floor slab 3. Site drainage a) 2 catch basins b) Approx. 1151f. of 15" drainage e c) 1 double chambered vyell box j d) 1 injection well �" 4. Approx. 900sy of new base and paving 5. Final dressing of site at completion of project S A73.004.00 This proposal does not include the following: I. Permits 2, tat protection Free rem 4 val caused iling or found tio�n • Azty work o -?tis s street caK-6 LL L _Pay.... Ss or sl s� DATE 12 / 03 EDWARD TOPPINO, JR. V.P. 'rho Tower group, Inc. 405 SW 1481" Avenue, Suite One CDavie, Florida 33325 I Phone: 954.478.3200 Fax: 954474-3111 ;THE TOWER ,GROUP To: C"ar'ey Toppino & Sors, Inc. Attn: Ed Tcppino, Jr. Fax: 305-296-5189 Phone: 305-296-5606 Re: Freeman Justice Center (FJC) 0417 - 01914 From: John S. Chandler Tel,Fax: (305) 296-2521 / 1305) 296-2587 Pages: 11 Date: May 12, 2006 CC: TTG/MO, FF (CT&S, COR-34) SubleCt: RFP- Public Parking Lot Modifications ❑ Urgent ❑ For Review ❑ Please Comment ❑ Please Reply ❑ Please Recycle e Comments: Dear Mr. Tor+pino: The replacement Architect has revised the Public Parking Lot and grading at the front entrance of the Freeman Justice Center as shown on the attached "Site Plan" to resolve grade conflicts from the original Contract Site Plan, Drawing #C-1. With reference to the original scope of work shown on Contract Drawing #A0.02, the changes slightly reduce the size of the paved parking area, delete the asphalt pavement connecting the new parking area to the existing roadway around the Old Courthouse Addition: adding a sidewalk, swale and retaining wall in its place: and add parking lot storm drainage (Re: Section A -A). Please submit a cost proposal for the changes to your scope of the Work: grading, asphalt paving and drainage. We have included data sheets (8 pages) for the Nyoplast Drain products that the Architect recommends. If you intend to use different drainage products, please state so in your proposal. You may fax your proposal to my attention at (305) 296-2587. We appreciate your prompt attention to this request for proposal. If you have any questions, please call me at (786) 367-0549. Sincerely, John Chandler, Project Manager r r i GROUND FLOOR PLAN PARKING I.* - ra J SL 0 2 k; • C • iY ■ w Nyloplast-ADS Drain Basins are used as a collection point where two or more drain lines converge, Nyloplast-ADS basins can provide a transition between different sizes and types of pipe, and also change the elevation or direction of the pipe. See pages 12 & 13 for available grate options. C = VARIABLE INVERT HEIGHT 8" 4M- 8" D = VARIABLE OVERALL HEIGHT (10' RECOMMENDED MAX.) 10" 4"- 1 U" E = 6" MIWAUM 12" 4% 12" F°= ADAPTERS CAN BE MOUNTED 1511 4"- 15" ON ANY ANGLE 0° TO 3890. TO DETERMINE MIN MUM A14GLE 1811 4"- 18" BETWEEN ADAPTERS SEE 24" 4"- 24" M.MIMUM ANGLE CHARTS 3011 4"- 30" 'NOMINAL S ZE See CD-Po,-n for deta;'ed draw;rlgs and addlticnai techn;cal information. 8" & 10" - A Ti 18" & 24" E A Woplast-ADS inline Drains are designed to erter an existing line with a riser and tee, or for use at, tte beginning of a drain lind.and represent the latest in storm woTet piping technology. proven B, cor�+binatlon of performance ce proovenn ductile lion grates with a rugged, heavy- dutk PVC structure makes them unique In the akAwe drainage field. 3011 tE A'—�� 8" 4"- 8' 10" 4"- 10" 12" 4% 12" 15" 4"- 15" 18" 4"- 18" 24" 4"- 24" 30" 4"- 30" 'NCM'NAL SIZE See"pages 12 & 13 for ava/lable grate options, See CD-Pom for detailed drawings and additional technical ir„`ormat/on. f e 0,10,12 & 15" Ductile Iron Grates for Every Traffic Situation, Weight Load and, Site Requirement e H-25 Heavy-duty grates • Medium -duty grates • Solid covers H-25 rated e Bronze grates • Domed grates • Drop -in grates Locking option is available ,for all grates. All grate options are available for drain basins and inline drains, (see pages 10 & 11) Ductile Iron Grates meet the following ASTM standards. ASTM A536 grate 70-50-05 for ductile Iron, ASTM A-48-83 class 306 for 12" & 15" cast iron frames. See CO -Rom for defaled draw'rgs ard addrt:onal technical Infor,-nation. LL LLL_L_L L_LLL.-L_U LLLLLLL LLl__t,_LL LLLLt 1_ € 8" & 10" Dome Light -Duty 8" & ion Standard Light -Duty (also available in bronze) 8" & 10" Solid Light -Duty 12" & 15" aw�1 • Standard H-25 Hinged Design 12" & 15" Pedestrian, H-10 Hinged • Design 12" & 15" Pedestrian Light -Duty Bronze 12" & 15" Solid H-25 Hinged Design 18" & 24" Solid H -25 18" Pedestrian H-10 24" Standard H-25 24" Pedestrian H-10 30" Standard H-25 30" Solid H-25 18,24&80" Locking option is available for all grates, All grate options see available for drain basins and inline drains. (see pages 10 & 11) Ductile Iron Grates meet the following ASTM standards.. ASTM A536 grate 70-50-05 for ductile ironon. ASTM A-48-83 class_ 30B for 12" & 15" cast iron frames, a See CD -Rom for detai,ed drawings and additional technical information, - - -- __ , . _- ---- - ----- C 01 7. • i -a — e,c= C=5a , Nyloplast-ADS PVC Road & Highway Structures offer all of the Nyloplast ADS product benefits such as heavy-duty construction, easy, economk;ai Installa- tion and a watertight system. Plus our H-25 rated ductile Iron grates provida maximum surface drainage Inlet capacity, Available with 2'x 2' and 21x 3' Ductile Iron Grates. See CD -Rom for deta."led drawings and additional technical information, i o 12" *'' 12" *'' 4"- 12" 24" NA 15" "` 4"- 15" 24" NA 18" 4"- 18" 24" 36" 24" 4"- 24" 24" 36" 3,0" 411- 30" 24" _ 36" 'NOMINAL SZZE C = VARIABLE INVERT HE GHT D = VARIABLE OVERAi I HE'GHT (10' RECOMMENDED MAX.) E = 6' M;N'MUM F°= ADAPTERS CAN BE ,MOUNTED ON ANY ANGLE 00TO 359 TO DETERM'NE M,N.MUM ANGLE BETWEEN ADAPTERS SEE M!MMM ANGLE CHARTS "Only ava!ab,'e,with 24' width, g; 2tes. �2 s' a x W. 'f Ny cp:as,-ADS : r=-'n Graves prov'de easy ins,a' ator. by e.ir^,inating the need `or a `came. T!'is •educes tie arrc. rt of abor invo,ved by dropping tie grate drect'y 'nto the pipe opening. Nycp:ast- ADS Crop -In Grates adapt to a variety lM of common used pipes induding ADS N-12, Sewer SDR-35 and DWV S&adu'e 40. 7,ey are Ideal for'igh,- duty app'ications. Fits inside ADS N-12 Pipe See CO -Rom for deta!ed drawirgs and additional 'eohnica! information, Fits Inside Sewer SDR 33 Pipe and IPS SCH 40 Pipe 6" Light -Duty 8" Light -Duty 10" Light -Duty 12" Light -Duty 15" Light -Duty 18" Light -Duty 24" Light -Duty z 0 w z J z r Q � N z Q m _z 0 LO 0 z Q N T Z a Z W ;o T Z a. z � r d Cl)N N N N Q N co w C CO a 0- I ƒ 3 k d k d d d k\ R R Q -- gj R 2 0 ¢ « U � B R 5 k - \ E The Tower Group, Inc. CHANGE ORDER REQUEST 415 SW 143 .Avenue S•_ice One No. 00083 Davie. FL 33325 Phone: (954) 476-3200 Fax: (954) 474-3 11 1 TITLE: Handrail for New Steps ,a) Stair #3 DATE: l i26/2007 PROJECT: Freeman Justice Center (FJC) JOB: 0417 TO: Attn: Clark Briggs Monroe County Facilities Development CONTRACT 1\ O: 1100 Simonton Street Key West, FL 33040 Phone: (305) 295-4306 Fax: (305) 295-4321 RE' EST To: TTG From: ATLMETAL 2 DESCRIPTION OF PROPOSAL Number: ATLM00� Change Order Request (COR) #83 proposes to furnish and install a powder -coated aluminum guardrail and grab -rail, standard color, for the new stair added at the new exit door at Stair #3 as shown on CSA Drawing A3.0ON (partial copy attached). The cost for this Extra Work is $1,023,75. Lump Sum: 3975.00 Lump Tax: $0.00 Lump Total: 8975.00 Subtotal: S975.00 Description Markup Percent Markup Amount Profit 5.000% $48.75 Total Cost: $ 1,023.75 z d t99z-96z-90s ATLANTIC METALS .56.42 3rd Ave. Key West. Fl. 33040 Office (305) 293-1865 Bill To. Fax (305) 293-1862 [Th� Tower Group, !nc 405 SW 14ath Ave. Ste i Davis. FI. 33325 i �Profect'- Ar-7L_" Estimatia Number. E270 Date: Novem bsr 21. 2006 Ship To: Tim Claris 296-2521 Fax 296 2587 rF 54 476 3200 954 474 3111, --- -- 4 Freeman Justice CIr - — --------------- -- _ Amount " Custom fabrica0e aid install aP �c 15' of alumirwm guardrail with - - -- by Sally Port door grabra8 at entrance MATERIALS: Pk*eb W4" sq. tube Posts 2" sq. tube 3' Cap rail on top 1" x 2" d�ne1 on bottom 1 112" round Tube `or grabraN Powder Goat standard color -specialty color additional charge Custorn er to su 975.00 PP1Y Permits. Tom s973.00.I £ d L99J-96Z-906 dnoic) jt;mn i of s , a , — - - - -- ARCHITECTS Architects, Planners S I-Iterior Cesig�ers 00002271 134 !YL •,I Aln 0.1rey BSA, FTorlde 33,44 TEL- 30, ne-4951 FAX 56, xq-slas E-mdF. RCCP�CUR2EAAC.CJMI .SSV:9 FOR 3DS CO.NSTRUGTICN 3-15-o6 SEAL FREEMAN JUSTICE CENTER x KEYWEST, FL 33040 w4soNs FILE NUMBER A905 — 3.00. ^ WC oRavnvc rnn6 NORTH ELEVATION CATE CRAWN 6- 3-15-06 1KWH ice vuNEEF 350905 !RAw'1; NUMBER A3.00N 17 d L99Z-96Z-90£ a_-._ MEMORANDUM TO: Board of County Commissioners From: Thomas J. Willi County Administrator Date: March 2, 2007 RE: Change Orders Attached is a proposed change order for The Tower Group, for the Freeman Justice Center. (Change Order #30 in the amount of $74,450.-W is for alum num / gate and grilles at the parking garage, fire rated insulation for PVC sanitary and drain piping through the HVAC return air plenum spaces, resolve grade conflicts to the parking lot, powder -coated aluminum guardrail and grab -rail.) According to the ordinance adopted by the Board of County Commissioners, proposed change orders are to be presented to members of the Board of County Commissioners prior to approval, assuming they are within the Administrator's prescribed limits. Change orders not within the Administrator's authority are placed on the BOCC agenda The Administrator intends to approve this change order on Monday, March 5, 2007. Thomas J. Willi County Administrator TJW: adc rage i or i Campo-Abra From: Campo-Abra Sent: Friday, March 02, 2007 3:28 PM To: County Commissioners and Aides Subject: Change Order Attachments: Change Order #30Tower Group.pdf For your review: Change Order#30 from the Tower Group for the Freeman Justice Center. Abra Campo Sr. Adminislr dw Assistant Office of County Administrator 1100 Simonton St. Suite 205 Key Wa5t FL 33040 (305)292-4445 3/2/2007 MONROE COUNTY / ENGINEERING /FACILITIES DEVELOPMENT CONTRACT CHANGE ORDER PROJECT TITLE: CHANGE ORDER NO: 5 fD CoPPitt Key Park Avenue F. INITIATION DATE: March 5, 2007 Big Coppitt Key, Florida TO CONTRACTOR: CONTRACT DATE: June 16, 2004 COY Toppim and Sons P.O. Box 787 Key West, FL 33041 The Contract is changed as follows: The original (Contract Sum) (Guaranteed Maximum Price) ........................................ $7W,492.25 Net change by previously authorized Change Orders ................................................ 0.00 The (Contract Sum) (Guaranteed Maximum Price) prior to this Change Omer was ......... $706,492.25 The (Contract Sum) (Guaranteed Maximum Price) will be (increased) (decreased) (unchanged) by this Change Order .................. $0.00 The new (Contract Sum) (Guaranteed Maximum Price) including this Change Order is ... $706,492.25 The Contract Time will be Greasedi (decreased) Junchangedl by .............................. 31 Days The date of Substantial Completion as of the date of this Change Order Is ..................... April 6, 2007 Detailed description of change order and justification: To extend the contract time by 31 days from Ma h 6 2007 to Apill 6 2007 at no ft9!QftkhW1 C ro Monroe Counfv, The roof panels. for the pavllton. we. Q.. A,f ev ►yr dobwy on Ma _h This Chance Order Is 00 %f the Qdg al W ftn ri &M2" Not valid urn ARCHITECT: -� Date CONTRACTOR: harley Topping and So s ate DIRECTOR, FACILITIES DEVELOPMENT: COUNTY ENGINEER: COUNTY ADMINISTRATOR S. too I, P. Date Thdmas r Ii/Debbie Frederick -Deputy Date Change Order Attachment per Ordinance No. 004-1999 • Change Order was not included in the original contract specifications. Yes ® No ❑ If Yes, explanation: This Change Order Is for a lime extenslon of 31 days The Mad lime on the replacement roof panels has been longer than expected. The panels were scheduled for delivery on March 2, 2007, and have not yet been delivered. • Change Order was included in the original specifications. Yes ❑ No If Yes, explanation of increase in price: • Change Order exceeds $25,000 or 5% of contract price (whichever is greater). Yes ❑ No If Yes, explanation as to why it is not subject for a calling for bids: • Project architect approves the change order. Yes ❑ No If no, explanation of why: There is no Architect for fts project • Change Order is correcting an error or omission in design document. Yes ❑No Should a claim under the applicable professional liability policy be made? Yes ❑ No Explain: CHARLEY TOPPINO & SONS, INC. P.O. BOX 787 KEY WEST, FLORIDA 33041 (305) 296-5606 FAX (305) 296-5189 Facilities Development Monroe County 1100 Simonton St. Key West, Florida 33040 Attn: Jerry Barnett March 5, 2007 BIG COPPITT PARK CTS PROJECT # 0604 Subject: CHANGE ORDER REQUEST: TIME EXTENSION Dear Jerry; The purpose of this letter is to submit a change order request for a contract time extension for the Big Coppitt Park. The lead time on the replacement roof panels has been longer than expected. The panels were scheduled for delivery on March 2, but have not arrived as of above date. Due to these unexpected delays and lead times, CHARLEY TOPPING & SONS, INC. respectfully requests a time extension to April 6, 2007. If you have any questions please call. Sincerely; CHARLEY TOPPINO & SONS, INC. Ronald J. Armstrong Project Manager OUTING ❑ - uy-r q❑ ❑ '� CI AN EO/_iAL OPPORTUNITY EMPLOYER M EM ORA ND UM TO: Board of County Commissioners From: Debbie Frederick Deputy County Administrator Date: March 8, 2007 RE: Change Orders Attached is a proposed change order for Charley Toppino and Sons, for Big Coppitt Key Park. (Change Order #5 is to extend the contract time by 31 days changing the completion date to April 6, 2007. This will be at no cost to the county. The delay is due to an order of roof panels that has not been received yet.) According to the ordinance adopted by the Board of County Commissioners, proposed change orders are to be presented to members of the Board of County Commissioners prior to approval, assuming they are within the Administrator's prescribed limits. Change orders not within the Administrator's authority are placed on the BOCC agenda. The Administrator intends to approve this charge order on Friday, March 9, 2007. Debbie Frederick Deputy County Administrator ULF: adc 1 "6%' 1 va a Campo-Abra From: Campo-Abra Sent: Thursday, March 08, 2007 10:53 AM To: County Commissioners and Aides Subject: Change Order Attachments: 00004050 548.tif Please review Change Order#5 for Charley Toppino and Sons for Big Coppitt Key Park. Abra Campo Sr. A6ninistratipe Assistant Ofte of County Administrator 1100 Simonton St. Suite 205 Key West Ft 33040 (305)292-4445 3/8/2007 MONROE COUNTY / ENGINEERING /FACILITIES DEVELOPMENT CONTRACT CHANGE ORDER PROJECT TITLE: N. Key Largo Fire Station #25 TO CONTRACTOR: Overholt Construction Corporation 10460 SW 1871' Terrace Miami, FL 33157 The Contract is changed as follows: CHANGE ORDER NO: 11 INITIATION DATE: March 14, 2007 CONTRACT DATE: May 18, 2005 The original (Contract Sum) (Guaranteed Maximum Price) ........................................ $2,030,500.00 Net change by previously authorized Change Orders ................................................ 84,924.82 The (Contract Sum) (Guaranteed Maximum Price) prior to this Change Order was ......... $2,115,424.82 The (Contract Sum) (Guaranteed Maximum Price) will be (increased) (decreased) (unchanged) by this Change Omer .................. 0.00 The new (Contract Sum) (Guaranteed Maximum Price) including this Change Order is... $2,115,424.82 The Contract Time will be fincreased) (decreased) (unchanged) by .............................. 22 Days The date of Substantial Completion as of the date of this Change Order is .................... April 3, 2007 Detailed description of change order and justification: Contractor neouests a contract time extension from March 12 2007 to April 3 2007 due to delays In receipt of permits for and service by extension of the FKAA water main as well as delays in unar>#61 --o ted enal0e0dna chanaes of the suppordina structures for the exhaust fans and window suppoft and fabdcaMm of additional supwW membe This Change Order is 0 %f the original contract amount: Not valid until signed by Owner Architect. and Contractor ARCHITECT: CONTRACTOR: DIRECTOR, FACILITIES DEVELOPMENT: COUNTY ENGINEER: COUNTY ADMINISTRATOR William P. Hb rc"!7 D��)�k at r 70- Overhol Const _ Date J B Date avid S. oppel E. Date Thomas Willi/Debbie Frederick -Deputy Change Order Attachment per Ordinance No. 004-1999 • Change Order was not included in the original contract specifications. Yes ® No ❑ If Yes, explanation: Time extension due to delays. The delays due to the engineering changes are a result from changes made to the truss structure to reduce costs. • Change Order was included in the original specifications. Yes ® No ❑ If Yes, explanation of increase in price: • Change Order exceeds $25,000 or 5% of contract price (whichever is greater). Yes ❑ No If Yes, explanation as to why it is not subject for a calling for bids: • Project architect approves the change order. Yes ® No ❑ If no, explanation of why: • Change Order is correcting an error or omission in design document. Yes []No Should a claim under the applicable professional liability policy be made? Yes ❑ No Explain: OwNNOIr t0460 SW 1t;7th � T� 1 CONSTRUCTION CORPORATION Miming, Florida 33157 CGC 057740 Doc Dote+ Phone: 305-234-9677 Fax: 305-234-6535 E)gve *jwe in Soul% Fkridar Since 1948 REQUEST CHANGE ORDER NUMBER Thiq (30) Jerry awmeE DATE. > wch 14, 2007 11 Onme C*Lmty FwWJ@s p&vekgvrmmt 1100 sit+vtN Sheet, Roam 2-216 PROJECT: wee- r Caarrty Fir. &,Wl,n sn Key V%M FL 33040 OCC JOB S: 0&1003 Orerho t Con6l"Jc m is mqueWikg an Extension of time for the oorrpielion of the North Kay Largo Fire Station # 25. The extended time reed is to AEI 3, 2007. We ask that the mbAwifial comple on date be extended due to: 1. Request Change Order ApWoval 2. Clear Story Erginearing 3. Waiting on Water Service from FKAA REND RKS: CAST OF THE WORK $0-00 subbDw $0.00 Ovedmd S% $0_00 RESPECTFULLY SLISMITFi°p, TDTAL CMST MF no MM�LMi'1[ REYEMMED Ate APPROVED BY, >iE1.00 OVERHOLT CONSTRUCTION coRpORATION MONROE COUNTY BOARD OF COMMISSIONERS Rodney OrerholL Project Manager DATE: DATE OVERHOIT OYERNOIT CGC 000164 CGC 022801 CONSTRUCTION CORPORATION RESIDENTIAL CONSTRUCTION INC. CGC 05774n Experience in South Florida Since 1948 Main Office - 10460 SW 187 Terrace Miami, FL 33157 PH: 305-234-9677 FAX: 305-971-8926 ACCT FAX: 305-234-6535 Ocean Reef - 35 Ocean Reef Dr., Suite 148 Key Largo, FL 33037 PH: 305-367-1069 FAX 305-367-4069 To: Riger, Ann Monroe Cnty Constr Dept 1100 Simonton Street Room 2-216 Key West, FL 33040 Fax: 305-2954321 Subject: CO # 11 Letter of Transmittal Transmittal #: 830 Date: 3/16/2007 Job: 2005-1003 Monroe Co. Fire Station #25 WE ARE SENDING YOU fs Attached r Transmitted sent via: Next -day service r- Shop drawings r- Prints r Plans r- Samples r! Copy of letter r Change order f- Specifications 17- Other Document Type Copies Date No. Description THESE ARE TRANSMITTED as checked below: r" For approval r- Approved as submitted r For your use r- Approved as noted r" As requested r- and re -submit r For review and comment r Other r- BIDS DUE Remarks: Signed Copy To: r- Resubmit _ copies for approval r- Submitt _ copies for distribution r Return_ corrected prints DM: Pries, Teresa (Overholt Construction Corp.) Signature: If enclosures are not as noted, kindly notify us at once. Paqe 1 of 1 MEMORANDUM TO: Board of County Commissioners From: Debbie Frederick Deputy County Administrator Date: March 22, 2007 RE: Change Orders Attached is a proposed change order for the N. Key Largo Fire Station #25. (Change Order #11 for Overholt Construction Corporation is for a time extension of twenty-two days changing the completion date from March 12, 2007 to April 3, 2007. This is due to permitting delays and unanticipated engineering changes.) According to the ordinance adopted by the Board of County Commissioners, proposed change orders are to be presented to members of the Board of County Commissioners prior to approval, assuming they are within the Administrator's prescribed limits. Change orders not within the Administrator's authority are placed on the BOCC agenda. The Deputy Administrator intends to approve this change order on Friday, March 23, 2007. _ r F Debbie Frederick Deputy County Administrator DLF: adc r agu i vi i Campo-Abra From: Campo-Abra Sent: Thursday, March 22, 2007 1:17 PM To: County Commissioners and Aides Subject: Change Order Attachments: 00004227 556.tif Please review attached Change Order # 11 for Overholt Construction Corp. for the N. Key Largo Fire Station #25. Abra Campo Sr. Adminis27ative Assistant Of% of County Administrator 1100 Simonton St. Suite 205 Key West; FL 33040 (305)292-4445 3/22/2007 MONROE COUNTY / ENGINEERING /FACILITIES DEVELOPMENT CONTRACT CHANGE ORDER PROJECT TITLE: Medical Examiner's Facility MM 56 U.S. 1 Crawl Key Marathon, FL 33050 TO CONTRACTOR: Fonticiella Construction Corp. 11400 W. Flagler Street Ste 206 Miami, FL 33174 The Contract is changed as follows: CHANGE ORDER NO: 3 INITIATION DATE: November 29, 2006 CONTRACT DATE: May 19, 2004 The original (Contract Sum) (Guaranteed Maximum Price) ........................................ $ 2,963,000.00 cio Net change by previously authorized Change Orders ................................ $ -:I. 9�g,3g10 The (Contract Sum) (Guaranteed Maximum Price) prior to this Change Order was ......... $ 333U3.10 S. gy The (Contract Sum) (Guaranteed Maximum Price) will be (incr as ) (decreased) (unchanged) by this Change Order ................. $ 23,948.40 The new (Contract Sum) (Guaranteed Maximum Price) including this Change Order is ... $ Q(0 The Contract Time will be (increased) (decreased) (unchanged) by .................. ( ) N/A The date of Substantial Completion as of the date of this Change Order is ........... I...... November a, 2007 Detailed description of change order and justification: Approximately 20' x 40' x 8' of road bed had to be excavated and backrilled with crushed Hmerock,_ due to unanbc�aated -muck" found during initial excavation for the access road Removal of muck and haulina $1 p 000 00 Umerock Bll. spread & compact 12,808.00 Fonticiella Construction 5% 1,140.40 Total 3 8 40 This Change Order is AN of the orlainal contract amount ARCHITECT: CONTRACTOR: DIRECTOR, FACILITIES DEVELOPMENT: COUNTY ENGINEER: COUNTY ADMINISTRATOR "Irvara joiry ppa rchite I / / Date Fonti ' o ion Corp. Date --- 3 z8-d ry I t� Date Dav S Ko I, P.E Date Thomas Willi/Debbie Frederick atP Change Order Attachment per Ordinance No. 004-1999 • Change Order was not included in the original contract specifications. Yes ® No ❑ If Yes, explanation: The extra work resulted from unanticipated underground conditions that were ditscovered as work progressed. • Change Order was included in the original specifications. Yes ❑ No If Yes, explanation of increase in price: • Change Order exceeds $25,000 or 5% of contract price (whichever is greater). Yes ❑ No If Yes, explanation as to why it is not subject for a calling for bids: • Project architect approves the change order. Yes ® No ❑ If no, explanation of why: • Change Order is correcting an error or omission in design document. Yes ❑No Should a claim under the applicable professional liability policy be made? Yes ❑ No Explain: CONSTRUCTION CORPORATION November 29, 2006 Yvette London Harvard Jolly Archh" 3201 WON CoaaomeaVW Blvd., Suits 223 Ft. Lauderdale, FL 33309 REF: Medical Eumfew Fwilfty+ Doer M L London Pleme find below items that conch of Change Order Request Not ibr the above madoned project Labor. E*Pwent A Material to doemock and All pocket boles dw wom discovered is the accoss road. This wan recommended by the Geotechmcal Engineer of r000z%L I . Remove muok loads 2. Lime rock 22 loads 3. Spread dt Compact 4. Hind off muck Overhead & Pro& a 5% Sub Total Inananeo Foe 01 h9r. Bond Fee ® 2 K% TOTAL Cc: Jarry sVM4 Kavia Wilson, sill Hwringw: Armando Fontkiella, Lenny Foaticielle S 4.000.00 $1,800.00 S 6.000.00 S 22,823.00 S1,141,25 S 23.966.25 $24,325.74 &M-14 S 24,933.88 12/05/2086 02:45 FROM !AM F04TE INC 3052264165 FONTICIELLA CONST CO PAGE 85/8E FAX NO. :305 5124759 Nov, 29 2004 I3:5IM P2 A&A Fong, Inc. • • Wakr d Sonar • Mmm Or*WW • ft*V • C MVW curb Mid WA Cho a Order Re nest No.1 Tot FaOddle Coa Corp�rubw Projects Moac d Bammla ses Fsciwy 11400 West Flagiafr Sbe 106 S6G330vorseai Hwy MM Sti.6 Miami, A 33174 Cmrl Kay, R 33050 Attnt Armin& Fm Dsto: 11)22J06 Tel: 305-207-9b05 Fox: 305-Z.6.4165 Run - — — F— �� U ITow 1aa. _�� re" Arno. •— t �bOr ,,,,�k tit .... 1 �O mock lv _ . $4,000.0 2 Ei.mawk 22 4d&1' S 25.00 $,tl~ 0 3 Spread ... �. i,sw d 4 ;waling hb* ` 24 Loi SZ50.00 S6,000.0i Snbmittw '9y: Andras tt Ox7wow Cix b*A Price - Date: 11 �2Z/06 TWA ChOW OWar (ADD) 12Z,825M This Change Order (Sub.) - Adjwqed Contract!glee Appmvrd BY ... .. ...... Dana 01%23/2007 01:15 3052264165 FONTICIELLA CONST CO PAGE 01/13 CONSTRUCTION CORPORATION F A C S I M I L E To: Mr. Jerry Barnett From: Victor De la Mata Monroe County Phone: 305-292-4468 Fax: 305-295-4321 Re: Avis Maintenance Facility Date: 1.23.07 Pages: 13 with cover CC: Kevin Wilson; Ann Riger Comments: Please find attached copies of the truck tickets for the lime rock and the haul off of the muck as previously submitted and as requested. fJTING 0 General Contractor • Deflgn-6u1ld - Construction Management 11400 West Flagler Street, Suitt 205, Miami, Flo rlda 33174 • Tel 305.207,9605 • Fax 305.226.4165 , www,fan( lVella,corn ,RPM :PA FONTE INC � � as ss� 1 3b� I Wa LLi�I Gf is Prol�c t.awfl� • NIl�TM Oriwr ` ttorl�i �WITi R FAX NO. :305 5; IF 4 White Ric awdee P•a. bx far N.rf hi• r.rArr ri n4tf A O A F44M DIT[ �• *MMHOW Imo. J6i�i7npO HIAL snN�". PL 33swom 'fit t7f-o! 10-me A ts4o[ ".of 'Mulch,, fJMlItmm,s rCRY Po a $sun GVNNWM W, Dec. 04 2004 fJ: � c I '• � N 7 a r V am " O)ttel►O1L T10Xr HI.RtM !�!MMlIOTtiRMQALa JOY tsts7q �_ 9 slpA-!f sA A A w METRIC ILtMf�OQ( ifs 6,00 YfAl1 rwo Awl ?on site M03 Ks ILI, -Wm 1n Nl Mgt' 491411 4141W 14011 Ks K t0uTi1 Net TONS !O.?'t 1417" Kv 18.7f MT Losio T� 40.01 Jobbrim- t 40.tl Et/L0 3E)Vd OO 1SNOO V-1-13I0I1NO-A C4Tb9T.T.CGIC CT : TO I PM7 /C7 /TO FROM 'AM FONTS INC FAX NO. :305 Ail' kg�'' ` 4p so a � ' I3 A i 6 ;ago T /EA -IL)Vr4 i n:) tn-1-4T )T i wn 4 i124 ray ucc . r�•, ate..-. P� � sag r � CQ ThQ77COC r T • TO ) CId7 IC-7 J Tn r ev-rt 0 rw r LJM t C s NI- •• c t 1 i • �i tl l FAX NO. :309 Y ■ ul a =If s` Ic Dec. Dec. 04 2004 F • i 1 YYY � S$ A( >t'f a ■ QQQjjj � u a 13:11PIr. P4 ■ ^+ pupur 4 Ar■1 m GGGG7777 � .., TEN siwusMn th'' ORt6!! pRock Wtta hla am$ it fflti ,• CLiTQR11 ' A . A ►OKi't pIA9/EOM TigU:T'rRR ' IW�7� U. A6. 7 NIAa tAl1 MMIpEIi� /� 9i0U+ANC 41 Mt f IIiFl• ta01r m at1-on JW 1 aml A►o�rrf moleft O"IMM10 FMTY rO Ot t.owli town OVONrns Nw Hit- T t4>N•!>' sA tt A trOgm Le MMIG f Oriwr t rr■dtt t t{ 1PKllRif f Or*" 14gNts Term now 7t2M KO i st.i►fiAOt K 00[ C e rOt us WO * t Not WAN)1 also A 14216 goSttttlt�i yltn WO Tows 4NO 14970 Kd 20.47 10.57 MY q�cutt LNNt Tom Dell t 1 M.47 '�• .tar ' 0 Driwar cp Orivw � t! O C ET/00 3EVd 00 1SN00 V113I01lNOA 99Tb9ZZ50E ST:t0 LOW/FT.ITA Ul/ Z-11ZOO 1 101: 1M JVn,4Zb4lb5 FROM .:PA FONTS INC; FAX NO. sip j . • r r 0 .�r. its Rock Qu rrbs olnanw. r.D. sews E, t rsl+ a�eTo� A � FONT[ DAM. tICX[T NUfMfR N! OKCtptl>•CL Rb. IIAW M p�7rN1i��L1 ;t Ht Go 130 L ft Ml&-@M ItJIMi� at of t nsn. >* Ism= n-M .IOY e>snss PrOJ401 :ILO! D MINCRIO FChTY PO 1: Lomfion I OYlRRLM NW M KTRIC HIt-TrLs* S :p { FOIRie Ortv.r = emw YOhtr MIN RanKe ►.odiatt +L I1<110CK COOL {{! Tn Ithte W446 ONO1:� a,aekpil• +L tRIkACK COOS Ni 1Mt Hpht+ am lvw Ica Not Twas 1s." 17,0 MT WHITE ROCK H Aatu�. TOM DtIIY ° � ee.li i . gi Dr i uK MWO : IC twsd �N e r we rUNI IUitLLA I,U l l.0 rA(at ?4759 Dec. 04 2004 03:12PM P5 V-1 Ine : � kR } r •ry .4 • • * �� u p4l 131/4J/ o3u1 01:13 FROM :AA FCNTE INC c� rr'� V Jt��[L041O� rUN I iUitLLA UUNb I UU h'AL*- bb/ i J FAX NO. :3W 5124759 Dec. 04 2004 03' 1211M P6 F f a! CN� M� r kill � , �Afifi " f at f �. b111JILbbl b1:15 UnZ2b41bn t-UNI1l:lLLLH UUNSI UU rhK7t riel 1i FROM •: AR CONTE I NC t a � � r i 0 FAX NO. :305 5124759 Dec. 04 2004 03:12PM P7 r� 1 7 l 1 � : �+ s iq ~ • a W r � I r 'a 231 01 f ZJ/ ZOV t 191 . 17 J004404100 cull I II-IGLLLH L.ulvJ l _u r Uui 4. FROM :AA FONTS INC FAX NO. '303 5124739 gDec. 04 2004 03:12PM P8 OF oo I ps 1111 111SSS �1 ; `ac M reor -_ :oQ.Q a aspp., s iitii j w I jsi If = 3 flit 2 Pt PC j saga i ih ROCk QNrdit pu. a�ppee ltiHi Wwl hl� A.wl+. Ft 97+IjA . A b A IratT[ OA�TL TICOW? tAl"W yyt�o" W. OKM OtOW M. WSAI[IW t1Aomm. Ph. 3nis-"" l�I� Cot tie t King • sSMM Va .b► iti7761 projea e101m II1pM'tIma's ►CLTY PC tt + l�sst! Isom OVfig9A mw ys It<TNlC i Nlt^t t4=hii to 4 A IFOWTES '' ON I Oraw yyif a /M! 3D7Z7 Kt IILIMCA= COO[ Nt Nott WShIl 4t4D A 1Af0+ 'CC •t to eLItFAOpc CODE N1 IMf twee ".at 10.94 PIT WHITE OOUTW i Lands Tar i Do ly• 1 1 XIIX e 1• 3Ze.74 r..,,`, OPt 0t1ON►tuMt------------- ^W�__i^w+.d oy �.'_.^..«� ' O ON a Now ' O 01/1:3/11119/ di:lb Jb512b4lb5 F' UN I lU1tLLF1 l;UVS 1 W rldUc YJ'l/ 1.7 FROM ,AA FORE INC FAX NO 395 5124759 Iff 01 J W White Rack Quard" oRll:nft 0. Wt IP,Ni � U411 Dec. 84 2004 03:12PM P9 RCA A A A POMTt Wit T1CW NUMI" M1A1-CM MAODW- FI. M1M Y-M O !L 1CIM/'IAfT[p 9tA t=rEOlCAL E1t1Mtt!l71�o PMTT @M 1"M 04eAl2:1ti0 FW Mir :42B1tt .......=A ✓PIR"FOFf1EC"' ;Lt11R11= CCIK "I t. zLIIKAOGTC CODE "i WHOP IIOCK mx" .Job •-Unl Pa or 1A METRIC ar•M worn 11 U140 3W 18 K6 Tih 4011 rl74M A 1 K4tt KO Nei 4pht1 384" 1?m Kv tat Tom: lo.72 I?.1119 MT Cut, heads tofu Alit : 13 18.78 art stir+tur.=... Ort a New ! "ter -.� Rmieu.A ov 01/23/2007 01:15 3052264165 r UN I I(:ILLLA LUNS i VU rr�ut 1 Gi t F)�w NO. S1247S9 Dec, 04 e `�+L�'4VV' ++•++ JVJLLV�+VJ ruri ll+lGLL.N I��YJI l+U rf-1LlG iJ1J FROM :AA FONTS INC FAX NO. :305 5124759 Dec. 04 2004 03:14PM P16 tA D o e m■ si L% PJ t1 �� o ul/ 4JI LCJYJ/ G1:17 1r—"k l,Ul`IJI k,U f r�UL 1L/1J FROM :AA FONTS INC FAX N0, :305 5124M Dec. 04 2004 03:14PM P15 I LA D � z 27 m � G _W-� �F v a1� V _ 0 I 01/23/2007 01:1b J0522b41bb mm 1 ul q 1 L. A 14L. I 12 n D r l 2 � �o d N m t-UN I iUltLLA lUNb I W 1 rY\ 1'•.J� • JW J1L`� 1 JJ IIC I.. �d7 bVV� am Ii 'I 0i o U c lit MEMORANDUM TO: Board of County Commissioners From: Debbie Frederick Deputy County Administrator Date: March 29, 2007 RE: Change Orders Attached is a proposed change order for Fonticiella Construction Corp. (Change Order #3 is for 20' x 40' x 8' of road having to be excavated and backfilled with crushed limerock due to unanticipated muck found during initial excavation for the access road. According to the ordinance adopted by the Board of County Commissioners, proposed change orders are to be presented to members of the Board of County Commissioners prior to approval, assuming they are within the Administrator's prescribed limits. Change orders not within the Administrator's authority are placed on the BOCC agenda. The Administrator intends to approve this change order on Friday, March 30, 2007. Debbie Frederick Deputy County Administrator OLF: adc rage i or i Campo-Abra From: Campo-Abra Sent: Thursday, March 29, 2007 1:33 PM To: County Commissioners and Aides Subject: Change Order Attachments: Change Order #3Fonticiella Construction Corp.pdf Please review attached Change Order #3 for the Medical Examiners Facility. Abra Campo Sr. Administrative° Assistant Office of County Administrator 1100 Srmonton St. Suite 205 Key West FL 330V (305)292-4445 ;/29/2007 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: April 18, 2007 Division: Engineering; Bulk Item: Yes X No Department: Facilities Development Staff Contact Person/Phone #: Jerry Barnett X4416 AGENDA ITEM WORDING: Approval to renew the annual contract for MBI/K2M Architecture, Inc. for Architectural Services for Monroe County construction projects where construction costs do not exceed $1,000,000.00 ITEM BACKGROUND: There exists a need to have a contract with Architect/Engineering firms for general A/E services for construction projects costing $1,000,000.00 or less. On May 19, 2004, the BOCC approved firms which would enable us to respond to the needs of the public and County in the most productive way possible. PREVIOUS RELEVANT BOCC ACTION: On May 19, 2004, the BOCC approved an annual contract with MBI/K2M for architectural services. On May 18, 2005 the BOCC approved the first of three one-year renewal options, and on May 16, 2006 the BOCC approved the second of three one-year renewal options. CONTRACT/AGREEMENT CHANGES: Personnel names have been added, deleted, and/or their functions have changed. STAFF RECOMMENDATIONS: Approval as stated above. TOTAL COST: N/A COST TO COUNTY: N/A BUDGETED: Yes X No SOURCE OF FUNDS: N/A REVENUE PRODUCING: Yes _ No X AMOUNT PER MONTH Year APPROVED BY: County Atty �OMB/Purchasing Risk Management DOCUMENTATION: Included X Not Required DISPOSITION AGENDA ITEM # Revised 11/06 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: MBI/K2M, Architecture Contract # Effective Date: 05/19/07 Expiration Date: 05/18/08 Contract Purpose/Description: Renewal of contract for professional services for capital projects where construction costs do not exceed $1,000,000.00 Contract Manager: Ann Riger 4439 Facilities Devel/Stop #1 (Name) (Ext.) (Department/Stop #) for BOCC meeting on 04/18/07 Agenda Deadline: 04/03/07 CONTRACT COSTS ITotal Dollar Value of Contract: $ NIA Current Year Portion: $ N/A Budgeted? Yes® No ❑ Account Codes: Dependent on project - Grant: $ - - - - County Match: $ - - - ADDITIONAL COSTS Estimated Ongoing Costs: $ /yr For: (Not included in dollar value above) (e . maintenance, utilities, janitorial, so CONTRACT REVIEW Changes Date Out Date In Needed /ie , _ Division Director YesO N!J' �r Risk Manag men d YesO NoD---- y dql )-o O.M.B./Pu U'ing 4-3-67 Yes❑ Nog County Attorney / Yes❑ No©---- Comments: OM13 corm Revised 2/27/01 MCP #2 RENEWAL CONTRACT (Annual Contract for Architectural Services) This renewal is made and entered into this 18a' day of April 2007 BETWEEN MONROE COUNTY, BOARD OF COUNTY COMMISSIONERS (the "Owner") and MBI/K2M ARCHITECTURE (the "Architect") in order to renew the agreement between the parties dated May 19, 2004, and as renewed on May 18, 2005 and May 16, 2006, as follows: 2. 3 In accordance with the original contract of May 19, 2004, more particularly Page 1, Paragraph 5, "services will include an annual contract, commencing the effective date of this agreement and ending one year thereafter, with options for the County to renew on an annual basis three consecutive times". This is the third and final renewal of this contract. The term of this renewal contract shall commence May 19, 2007, and will expire on May 18, 2008. Article VII of the original contract, paragraph 7.1.1 shall be amended to reflect the following personnel, and their hourly rates: NAME FUNCTION HOURLY RATES Michael B. Ingram Principal, Architect I $215.00 Scott Maloney Principal, Architect I $215.00 Harry D. Keagler Project Manager, Arch II, Sr Interior Design $185.00 Dick Cooper Project Manager, Arch II, Sr Interior Design $185.00 Paula Boykin Project Manager, Arch II, Sr Interior Design $185.00 Jim Fish Project Manager $120.00 Dana Zimmer Project Manager $120.00 Anthony Sarno Project Manager $120.00 Kelli Schaffran Project Manager $120.00 Rusty Elferdink Construction Administrator $120.00 Craig Pennington Draftsman I $95.00 Jeni McKinniss Draftsman I $95.00 Tara Pesta Draftsman R $70.00 Tanya Oldja Draftsman II $70.00 Bojan Miocinovic Draftsman II $70.00 Kris Gould Draftsman II $70.00 Lawrence Clinkscale Draftsman II $70.00 Andrea Sims Interior Designer $80.00 Valene Loar Interior Designer $80.00 Kelly Cook Interior Designer $80.00 Anne Murfin Interior Designer $80.00 Julee Crossan Purchasing Coordinator $85.00 Dee McKenzie Administrative/Clerical $55.00 Christy Salter Administrative/Clerical $55.00 Renee Washburn Administrative/Clerical $55.00 3. In all other aspects, the original contract between the Owner and Architect dated May 19, 2004, and renewed on May 18, 2005, and may 16, 2006, 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. DANNY L. KOLHAGE, CLERK By: Deputy Clerk Date: BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA Mayor/Chairman Date: ARCHITECT/ENGINEER MBIIK2M Title: Date: MONROE COUNTY ATT054EY AP ROVED AS TO F NA ILEENE W. CASSEL ASSISTANT COU TY ATTORNEY Date.� �7 mbi I k2m ARCHITECTURE, INC. March 23, 2007 Monroe County Engineering Division Facilities Development Department Ms. Ann M. Riger, Contracts Administrator 1100 Simonton Street Room 2-216 Key West, FL 33040 Sent Via Email and Regular Mai► Re: Monroe County Architectural Services Contract Dear Ms. Riger: 1001 WHITEHEAD STREET KEY WEST, FLORIDA 33040 PHONE: 305.294.4011 FAX: 305.294.7412 PROF. REG. NO. AA26001059 mbi I k2m Architecture, Inc. is pleased to accept Monroe County's offer for the last one year renewal of our current contract for Continuing Architectural / Engineering Services for Monroe County for all projects under $1.0 million in cost Listed below are our current hourly rates for 2007 along with staff names and titles. The certificate of insurance currently on file at the County should be used with this document A new certificate will be issued at prior to renewal with updated policy information. Principal / Architect I $215.00/hour Michael B. Ingram, Scott Malone Project Manager /Architect II/Senior $185.00/hour Harry D. Keagler, Dick Cooper, Paula Interior Design Boykin Project Manager $120.00/hour Jim Fish, Dana Zimmer, Anthony Sarno, Kelli Schaffran Construction Administrator $120.00/hour Rusty Efferdink Draftsman I $95.00/hour Craig Penningtpn, Jeni McKinniss, Draftsman II $70.00thour Tara Pesta, Tanya Oldja, Bojan Miocinovic, Kris Gould, Lawrence Clinkscale Interior Designer $80.00/hour Andrea Sims, Valene Loar, Kelly Cook, Anne Murfin Purchasing Coordinator $85.00/hour Julee Crossan Administrative / Clerical $55.00/hour Dee McKenzie, Christy Suer, Renee Washburn KEY WEST I SOUTHWEST FLORIDA I CLEVELAND j HOUSTON I CHAROLOTTE mbi I k2m ARCHITECTURE, INC. 1001 WHITEHEAD STREET KEY WEST, FLORIDA 33040 PHONE: 305.294.4011 FAX: 305,294.7412 PROF. REG. NO. AA26001059 The following table is our reimbursable expense sheet for 2007. REIMBURSABLES FOR 2006 Receipts will be provided with invoices In house prints 24 x 36 black/white $2.50 per page In house prints 11 x 17 black/white $ 40 per page In house prints 11 x 17 color $1.50 per page In house prints 8.5 x 11 color $1.10 pera e In house prints 8.5 x 11 black/white $ .20 per page Mileage $.405 / mile Mailing / Shipping Cost License Fee Cost Parldng Cost Blueprint reproduction Cost Cost -Printing Consultant Fee Cost + 100/0 V CAM ,/ '+S „) f4 L_ V We appreciate the opportunity to provide services and look forward to working with the County. If you should have any questions or require additional information I can be reached at (305) 2944011. Sincerely, mbi I k2m Architecture, Inc. Scott C. Maloney, AIA, NCARB Director cc: SAC6velan&obs\2W7\Mwroe County Contract Renewal 2007103-23-07 Itr to Monroe County renewal of contrad.doc KEY WEST ( SOUTHWEST FLORIDA I CLEVELAND i HOUSTON I CHAROLOTTE 2 RENEWAL CONTRACT (Annual contract for Architectural Service) This renewal is made and entered into this 16"' day of May 2006 BETWEEN MONROE COUNTY, BOARD OF COUNTY COMMISSIONERS (the "Owner") and MBI/K2M ARCHITECTURE (the "Architect") in order to renew the agreement between parties dated May 19, 2004, and as renewed on May 18, 2005 as follows: In accordance with the original contract of May 19, 2004, more particularly, Page 1, Paragraph 5, "services will include an annual contract, commencing the effective date of this agreement and ending one year thereafter, with options for the County to renew on an annual basis three consecutive times". This is the second renewal of this contract. The term of this renewal contract shall commence May 19, 2006, and is subject for renewal again on May 19, 2007. Article VII of the original contract, paragraph 7.1.1 shall be amended to reflect the following personnel: NAME FUNCTION Michael B. Ingram Principal, Architect, I Harry D. Keagler Principal, Architect I Scott C. Maloney Project Manager, Archt II Kevin Terra Project Manager Jim Fish Project Manager Dana Zimmer Project Manager Robert Donaldson Project Manager Rusty Elferdink Construction Administrator Craig Pennington Draftsman I Tara Pesta Draftsman 11 Tanya Oldja Draftsman II Jeni McKinniss Draftsman II Bojan Miocinovic Draftsman II Ike Edeani Draftsman 11 Dee McKenzie Administrative/Clerical Maryanne Johnson Administrative/Clerical Lina Robles Administrative/Clerical Renee Washburn Administrative/Clerical 4. For the performance of the optional additional services and contingent additional services described in Article IV the architect/Engineer shall be paid at revised hourly rates as follows: Principal Architect I $215.00/hour Project Manager/Architect II $185.00/hour Project Manager $120.00/hour Construction Administrator $120.00/hour Draftsman I $95.00/hour Draftsman II $70.00/hour Administrative/Clerical $55.00/hour 5. Article VIII, of the original contract, paragraph 8.2.1 shall be amended to reflect the following rates for reimbursable items as follows: In house prints In house prints In house prints In house prints In house prints Mileage Mailing/Shipping License Fees Parking Mailing/Shipping Blueprint reproduction Printing Consultant Fees 24 x 36 black/white I 1 x 17 black/white 11 xI7 color 8.5 x 11 color 8.5 x 11 black/white $2.50 per page $0.40 per page $1.50 per page $1.10 per page $0.20 per page $0.405/mile Cost Cost Cost Cost Cost Cost Cost + 10% 6. In all other aspects, the original contract between Owner and Architect dated May 19, 2004, and renewed on May 181h, 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. DANNY L. KOLHAGE, CLERK B� Deputy Clerk Date: "/o 6 BOARD OF COUNTY COMMISSIONERS By: ;r Mayor/Chairman Date: °s //` A G ARCHITECT/ENPINEER Title t�.C( 4 N i mbi m ARCHITECTURE, INC. March 28 2006 Val Monroe County Engineering Division Facilities Development Department Ms. Ann M. Riger, Contracts Administrator 1100 Simonton Street Room 2-216 Key West, FL 33040 VIA FACSIMILE: 305-295-4321 Re: Monroe County Architectural Services Contract Dear Ms. Riger: mbi I k2m Architecture, Inc. is pleased to accept Monroe County's offer for the second one year renewal of contract for Architectural Services for Monroe County. Please find listed below current hourly rates for 2006 along with staff names and titles, a current Certificate of Insurance is enclosed. Principal / Architect I $215.00/hour Michael B. Ingram, Harry D Keagler Project Manager /Architect II $185.00/hour Scott C. Maloney Project Manager $120.00/hour fl Kevin Terra, Jim Fish, Dana Zimmer, I Robert Donaldson Construction Administrator $120.00/hour Rusty Elferdink Draftsman I $95.00/hour Craig Pennington Draftsman II $70.00/hour Tara Pesta, Tanya Oldja, Jeni McKinniss, Bojan Miocinovic, Ike Edeam Administrative / Clerical $55.00/hour Dee McKenzie, Maryanne Johnson, Lina Robles, Renee Washburn We appreciate the opportunity to provide should-liave any questions I can be reached Sin erely, mbi t,A21n 1�-chi4gjwy,�, Inc. Scott C. Maloney, R.A. Director - -vices and look forward to working with the County. If you (305) 29z1-401 1. cc ,t102 16-S.1 I IS SharedClec ciandlobs'2006 Niniuroe Contract Remf,V31 Cr 2006 03 ?9-06 Ih to Monroe County rcnc�gal of contractdoc 5J- 'iJ! 1 HEAO STREET KE', l';'EST, LORIDA C304;' F-ONE 3C.5 29a !Ci1 F;�.k30S 29�, :9iC PROF REG idC-vk2hC0:'i�� 41r]7i`20a6 1i:15 1.110 44i2l AGE Oi mbi I 1<2m ARCWITECTURE, INC. April 7, 2006 Monroe County, Florida Attn; Paulette Harper 1100 Simonton Street Room 2-216 Key West, FL 33030 VIA FACSIMILE: 30S-295-4321 REIMBUR: "ABLES FOR 2006 Receipts will b e provided with invoices ECE)'/' ERR Per... . In house prints In house prints 24 x 36 t I,tek/whitc 11 x 17 t hzk/white $2.50 er ape $ 40 per page In house prints 11 x 17 c o .or $1.50 per page In house prints 8.5 x l l ;_c'lor $1.10 Rer page In house 2rints 8.5 x I l )Iack/white $ .20 er a e- Miles e _ $-405 / mile Mailing / Shipping License ,Fee Parkin _ _ _ Cost Cost Cost Blueprint reproduction _ Cost Printing_ Cost Consultant Fee _ Cost + I O% If you should have any questions please give me a call. Sincerely, tnhi I k2m Architecture, Inc. ti-- Dee McKenzie 1 Director of Operations ��( )2.163.11 L51SharcdlClcvelond`Jobs,2006'V9anroc Cont ee: Renewal for 200004-0;-C6 Rcimbu-3111e cxpen5cs for 2006.rinc Aida ,dI�ITEw�z ;?�EEY I:E'I °dEST '�,CRiOA s�0�0 I P {OVE: 30522�.1021 ::"AX' 305.'=9 -_I412 ROF. a°G ,rp .1aZe 1a1754 CONTRACTFOR PROFESSIONAL SERVICES BETWEEN OWNER AND ,ARCHITECT/ENGINEER 2004 EDITION These contract documents should be used only after consultation with counsel. The documents are not intended as legal advice appropriate to any specific situation, nor do they purport to address all issues which may arise between the contracting parties. The documents should be amended or supplemented where appropriate. THIS CONTRACT FOR PROFESSIONAL SERVICES BETWEEN OWNER AND ARCHITECT/ENGINEER (the "Contract") is made and entered into by MONROE COUNTY, BOARD OF COUNTY COMMISSIONERS (the "Owner") and MBI/K2M TEAM _ This contract is executed under seal and shall be effective on the date executed by the last party to execute it. The professional services required by this Contract are to be rendered for the small projects consisting of remodeling, roofing, ADA compliance, or renovations of building and other capital renovations of building and other capital improvements, in which construction costs do not exceed $1,000,000.00. Services will include an annual contract, commencing the effective date of this agreement and ending one year thereafter, with options for the County to renew on an annual basis three consecutive times. These services shall include, but not be limited to. Preparation and completion of the design program for space requirements and relationships, schematic design, design development, preparation of contract documents for bids, preparation and advertisement for Request for Bids, tabulation and review of bids, recommendation of contract awards, cost estimating during design and document preparation, administration of contract documents, consultation and on -site inspections during construction, review and recommend approval of contractor invoices, preparation and submittal of permit applications, zoning applications, public presentations and presentations to the County Commission. NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements stated herein, and for other good and valuable consideration, the sufficiency of which hereby acknowledged; the Oviner and the Architect/Engineer agree: FORM OF AGREEMENT ARTICLE 1 1.1 REPRESENTATIONS AND WARRANTIES By executing this Contract, the Architect'Engineer makes the following express representatior and warranties to the Owner. 1.1.1 The Architect/Engineer is a professional qualified to act as the Architect/Engineer for th Project and is licensed to practice Architecture/Engineering by all public entities having jurisdiction over the Architect/Engineer and the Project; 1.1.2 The Architect/Engineer shall maintain all necessary licenses, permits or other authorizations necessary to act as Architect/Engineer for the Project until the Architect/Engineer's duties thereunder have been fully satisfied; 1.1.3 The Architect/Engineer has become familiar with the Project site and the local condition,, under which the Project is to be designed, constructed, and operated; 1.1.4 The Architect/Engineer shall prepare all documents required by this Contract including, but not limited to, all contract plans and specifications, in such a manner that they shall be in conformity and comply with all applicable law, codes and regulations. The Architect/Engineer warrants that the documents prepared as a part of this Contract will be adequate and sufficient to accomplish the purposes of the Project, therefore, eliminating any additional construction cost due to missing or incorrect design elements in the contract documents; 1.1.5 The Architect/Engineer assumes full responsibility to the extent allowed by law with regards to his performance and those directly under his employ as Architect/Engineer of Record. 1.1.6 The Architect/Engineer's services shall be performed as expeditiously as is consistent with professional skill and care and the orderly progress of the Work. The Architect/Engineer shall submit, for the Owner's and Construction Manager's information, a schedule for the performance of the Architect/Engineer's services which may be adjusted as the Project proceeds if approved by the Owner, and shall include allowances for periods of time required for the Owner's and Construction Management's review, and for approval of submission by authorities having jurisdiction over the Project. Time limits established by this schedule and approved by the Owner may not be exceeded by the Architect/Engineer except for delay caused by events not within the control of the Architect/Engineer or foreseeable by him. In the event the Architect/Engineer does not conform to the schedule, then the Architect/Engineer may be assessed a charge up to one percent (1 %) of the fee per week until the work product is produced in an acceptable manner. The penalty shall apply only to the completion of documents required for bidding, said date being met with the delivery of one final set to the Owner. The Owner shall assess the charge only after it is determined that the work is solely the fault of the ,Architect/Engineer and his subconsultants and is not the fault of the owner or otter parties not under -he control of the Architect/Engineer. ARTICLE If SCOPE OF ARCHITECT/ENGINEER'S BASIC SERVICE 2.1 DEFINITION 2.1.1 Arch itect/Engineer's Basic Services consist of those described in Paragraphs 2.2 through 2.8, and other services identified as part of Basic Services, and include normal, civil, structural, mechanical, and electrical engineering services. 2.1.2 The Design for Construction shall include, but shall not necessarily be limited to, plans and specifications which describe all systems, elements, details, components, materials, equipment, and other information necessary for construction. The Design for Construction sha be accurate, coordinated and in all respects adequate for construction and shall be in conformity, and comply, with all applicable law, codes, permits, and regulations. Products, equipment and materials specified for use shall be readily available unless written authorizatior to the contrary is given by the Owner. The Architect/Engineer shall be responsible for designini the Project in accordance with the analyses and recommendations of the geotechnical information furnished per Article 4.4. 2.2 SCHEMATIC DESIGN PHASE 2.2.1 The Architect/Engineer shall review the program, schedule and construction budget furnished by the Owner to ascertain the requirements of the Project and shall arrive at a mutual understanding of such requirements with the Owner. 2.2.2 The Architect/Engineer shall review with the Owner and Construction Manager: proposed site use and improvements, required permits, zoning, selection of materials, building systems and equipment; and method of Project delivery. 2.2.3 The Architect/Engineer shall review with the Owner and Construction Manager alternative approaches to design and construction of the Project. 2.2.4 Based on the mutually agreed -upon program, schedule and construction budget requirements, the Architect/Engineer shall prepare, for approval by the Owner, Schematic Design Documents consisting of drawings and other documents illustrating the scale and relationship of Project components. 2.2.5 At levels of completion of 25%, 50% and 75% of the Schematic Design Phase, the Architect/Engineer shall provide schematic design studies for the Owner's review and the Construction Manager's information. 2.2.6 Upon completion of the Schematic Design Phase, the Architect/Engineer shall provide drawings, outline specifications, estimate of anticipated cost in accordance 1,vith the schematic designs, and other documents for the Owner's approval and the Constnaction (`Manager's nformation. 2.2.7 Ti-e Des:gr must be approved in ,vriting, cy fhe C',v"er prier to t,--j the Desir.'n !- evelopp,-,nf pi],,: Se. 2.3 SCHEMATIC DESIGN PHASE REQUIREMENTS 2.3.1 The Schematic Design Phase services shall respond to program requirements and consist of preparation of: conceptual site and building plans, preliminary sections and elevations, development of approximate dimensions, areas and volumes, concept sketches as required to explain the design intent to the owner. Perspective renderings and models, if required by the Owner, will be billed as an additional service as billed as a reimbursable expense if that service is performed by additional consultants after the Owner's written approve The Architect/Engineer shall perform the following design phase tasks: a. Structural Design/Documentation services during the Schematic Design Phase consisting of recommendations regarding basic structural materials and systems analyses, and development of conceptual design solutions for: a predetermined structural system and alternate structural systems. b. Mechanical Design/Documentation services during the Schematic Design Phase consisting of consideration of alternate materials, systems and equipment, and development of conceptual design solutions for: energy source (s), energy conservation, heating and ventilating, air conditioning, plumbing, fire protection, special mechanical systems, process systems, and general space requirements. C. Electrical Design/Documentation services during the Schematic Design Phase consisting of consideration of alternate systems, recommendations regarding basic electrical materials, systems and equipment, analyses, and development of conceptual design solutions for: power service and distribution, lighting, telephones, fire detection and alarms, security systems, electronic communications, special electrical systems, and general space requirements. d. Civil Design/Documentation services during the Schematic Design Phase consisting of consideration of alternate materials and systems and development of conceptual design solutions for: on -site utility systems, off -site utilities work, fire protection systems, drainage systems, sewage treatment, and paving. 2.4 DESIGN DEVELOPMENT/DOCUMENT PHASE 2.4.1 Based on the approved Schematic Design Documents and any adjustments authorized by the Owner in the program, schedule or construction budget, the Architect/Engineer shall prepare Design Development Documents for the Construction Manager's review and the Owner's approval. The Design Development Documents shall consist of drawings and other documents that establish and describe the size and character of the Project as to architectural/engineering, structural, mechanical and electrical systems, materials and such other elements as may be appropriate. 2.4.2 At inter✓als mutually agreeable to the Owner, Construction Manager and A.rchifect,Engir,eer the Architect,Engineer shall provide dray.+sings and other documents which depict the current status of design development for the Owner's revie!w and the Construction Manager's intorrrafion. The Architect/Engineer shall provide an estimate of anticipated cost in accordance.vith cesign deveiopment phase. 2.4.3 Upon completion of the Design Development Phase, the Architect/Engineer shall pro, drawings, outline specifications and other documents for the Owner's approval and the Construction Manager's information. The Architect/Engineer shall provide an estimate of anticipated costs in accordance with the design development phase. 2.4.4 The Design Development Documents must be approved in writing, by the Owner prior Architect/Engineer continuing to the Construction Documents Phase, 2.5 DESIGN DEVELOPMENT PHASE REQUIREMENTS To satisfactorily perform the design development phase requirement, the Architect/Engineer must complete the tasks set forth in paragraphs 2.5.1 - 2.5.13. 2.5.1 Floor Plans - This consists of general plans, overall coordinating plans, and plan enlargements for important and special areas. Data required: a. Building perimeter (footprint) and exterior wall type, thickness and composition fixed. b. Structural grid or system. C. Major mechanical/electrical systems determined and their requirements reflected and indicated on plans. d. Indicate building core — elevators, stairs, etc. e. All internal partitions of appropriate thickness indicated. f. Floor, slab, and level elevations. g. Typical door types. h. Typical partition types. i. Built-in furniture items — special furniture and equipment (early clarification of what is "NIC" and "by owner"). j. Larger scale (e.g., %:"), Key areas, lobby, entries, public plaza, major corridors, special spaces, etc. Required: All surfaces (floor, wall, and ceiling treatments), furniture indication, and layout. k. Evacuation routes identified (to include locating necessary posting of evacuation route plans). 2.5.2 General Elevations a. Total full -height facades including roof structures. b. All fenestration. C. Overall vertical building and floor heights. d. Indicate cross-reference points with sections. e. Indicate setbacks, building profiles, expansion joints, etc. f. Indicate treatment of visible mechanical equipment. g. System impact (precast concrete, stone, panel systems, metal/glass curtain wall, etc.) properly selected by adequate technical investigation. 2.5.3 Sections —Overall Sections - Overall building longitudinal and transverse "building explanation" type. Detail Nall Sections - Largest scale (e.g_ �i°), Dominate full -height sections conveying basic building configuration, to indicate: a. Foundation and perimeter treatment. b Typical Wall construction. c B�Ck-up structure, abutting floor systern,S. 1���ii d�.+i lacaticn �r,�i i,�su(ation rrethcds t. Pilechanical penetrations impact (fuming, etc.). 9. Parapet design. 2.5.4 Details - Large scale (1-112", 3") as required. Indicate key conditions. a. Window types: divisions, pattern, mullion profiles, vent detail, glazing Type, jamb/head, plan section. b. Hollow metal (typical only; keyed to plans and schedules). G. Frame types (typical only; for compatibility and profile). d. Stair types - egress, public, exterior (including railing design) Metal and glass walls, borrowed lights, etc.; for division, profile, and glazing. f. Interior partition types (typical only; keyed to plans and schedules). 9. Built-in furniture items, receptions, desks, work tops, counters, cabinet types, display cases, recesses, wardrobes, millwork, etc. 2.5.5 Interior Elevations — Typical and special spaces, interfaced with, and cross-referenced to, floor and reflected ceiling plans. Indicate: a. Breaks. b. Level changes. C. Pertinent vertical dimensions. 2.5.6 Reflected Ceiling Plans - Typical and special space. Integrated plans reflecting structural, mechanical, and electrical impacts. Plans to indicate: a. Lighting layouts. b. Soffits, coves, furrings. C. Skylight locations. d. Ceiling materials. e. Acoustic treatments. f• Heating and ventilating register, diffuser locations. 9• Sprinklers. h. Access panels. 2.5.7 Schedules - Schedules to be nonrepetitive and comprehensive, with specific keying to floor plans and elevations. a. Interior finishes. b. Doors and frames. C. Preliminary hardware. d. Window/glazing. 2.5.8 Specifications - Comprehensive, abbreviated methods, materials and systems descriptions in tune with drawings. Use CSI format with applicable section numbers. Include all consultant portions as well as those special supplementary conditions specific to the project. 2.5.9 Preliminary Estimate of Construction Cost - Adjustment of the preliminary estimate of construction cost prepared at the end of schematic design. 2.5.10 Structural Design Development Set a. Floor plans at the same scale as the arch[tectural; "ngireering dra,,iings b. T�picai floor framing plans, including sizing of beam drops, slab openings, thicknesses, and depressions C. Frrr rg indi.-ticn and governing sizing at ro&nf structure, panthc, r�se d. ^lcr,t�,��;�-al I ,`r- -._;rJ s�reme n�F. --- required: I�,,_,�j, �l A 1 +�= �r,d e. A,II column points established f. Final column schedule g. Preliminary details and sections to adequately indicate structural system h. Preliminary details of major unique conditions that impact on scheme (as determined by the Arch itect/Engineer) i. Details indicating accommodation with mechanical/electrical at areas of major interface j. Design development specifications k. Any necessary recommended adjustments to the preliminary estimate of construction cost. 2.5.11 Mechanical/Electrical Design Development Set a. Typical floor plans. Systems representation in diagrammatic (nondetailed) stylF major items of equipment indicated, their space requirements and interface requirements with other systems. Indicate: major shafts (sizes), chases, mechanical rooms and electric closets, and convector/fan coil locations, etc. b. Required punctures: wall, slab, and beam c. Terminal plans (lobby, cellar, roof) with items of heavy equipment shown in diagrammatic style, with their space requirements indicated: (1) Boiler/heater spaces (include clear height requirements), (2) Transformer vaults (approved obtained from local utility company), (3) Switchgear, emergency generator, wate storage tanks, fire pumps, etc., (4) Roof cooling towers, major air-conditioning and air -handling equipment, packaged units, etc. d. Locations of major roof -air handling equipment: cooling towers, exhaust fans, etc. e. Preliminary details of major and unique conditions that impact on scheme (as determined by the Architect/Engineer) f. Data to be developed in conjunction and in coordination with the project team: 1. Integrated diagrammatic lighting plans indicating all overhead mechanical and electrical equipment for typical floor and special spaces 2. Cuts and explanatory information for interior visual items such as: louvers, registers, heating/cooling units, and cabinets. 3. Exterior louver requirements and proposed locations. 2.5.12 Site Design Development Set a. Building location plan --building tied down dimensionally with pertinent adjacencies, street lines and grades, property lines, required setbacks, easements, rights of way, manholes, sewers, hydrants, light standards, etc., interfaced with survey. b. Main entry level datum elevation with key exterior grades at building perimeter. C. Site development grading and landscaping plans d. Overall preliminary site grading and defined design of external elements, properly coordinated and interfaced with mechanical/electrical for utility entry points e. Indicate areaways, vaults, access to subgrade spaces f. Preliminary site and exterior building lighting scheme with identification of fixture types g. Park;ng area Defined ',vith preliminary plotting h. Indication .f paths, stairs, ramps, berms, terraces, etc. P!an( materials (Odication and preliminary schedule) 1. �1-.s gn railings,- ;ilight standards, Others k. Design development specifications i. Any necessary adjustments to the preliminary estate of construction cost. 2.5.13 Other Consultants' Design Development Sets —As appropriate to the Project. 2.5.14 Limitations - The above list of drawings represents, in general, the requirements of th Project. 2.6 CONSTRUCTION DOCUMENTS PHASE 2.6.1 Based on the approved Design Development Documents and any further adjustments , the requirements for the construction of the project. Architect/Engineer shall prepare, for approval by the Owner and Construction Manager authorized by the Owner in the scope or quality of the Project of in the construction budget Construction Documents consisting of Drawings and Specifications setting forth in detail the 2.6.2 The Architect/Engineer shall provide Drawings and Specifications for the Owner's and the Construction Manager's review. 2.6.3 Upon completion of the Construction Documents Phase, the Architect/Engineer shall provide Construction Documents for the Owner's and Construction Manager's approval. Once approved the Architect/Engineer shall provide the Owner two (2) complete signed and sealed sets of construction drawings and the technical specifications saved electronically in Adobe Acrobat file (.pdf) format. Any and all files used to create the technical specifications need to be submitted saved as an Adobe Acrobat file (.pdf) fomat, including but not limited to; technical sections, reports such as, asbestos, geotechnical, soils, paint, and photographs. The Architect/Engineer shall provide an estimate of anticipated costs in accordance with the construction development phase. 2.6.4 The Architect/Engineer shall assist the Owner and Construction Manager in the preparation of the necessary bidding information, bidding forms, the Conditions of Contracts, and the forms of Agreement between the Owner and the Contractors. 2.6.5 The Architect/Engineer's construction documents (plans, specifications, etc.) will conform to all written codes and regulations of the federal government, county, state, municipalities, agencies and state departments, in effect at the date of this Agreement, and shall be of such completion as to receive all permits when applied for. If permits are denied, then the Architect/Engineer will conform the construction documents in such manner to receive permits upon such plans. Work required by the Architect/Engineer to conform the documents to federal, state, city, county, or agency specifications to allow them to be approved shall be completed at no charge or cost to the Owner. 2.7 BIDDING OR NEGOTIATION PHASE 2.7.1 The Archrtec'vEngineer, folloviing the 01,vner's approval of the Construction Documents and the Architect/Engineer's latest estimate of Construction Cost, shall .assist the Cons Manager in obtaining bids or negotiated proposals and assist in preparing ,,ontracts tortructi n construction. 2.7.2 eer sty i( assist the Construction✓'<anac;e _Ioc�_rr.ents .o b�c'�_ at,d c_,n�iucti r'n 's=',in�� bidd ng n7 pry -hid confers;�ces ;vi[h nrsspeCt1,,� Th.; Architect/Engineer, with the assistance of the Construction ,tilanager, shall respond to questic from bidders, and shall issue addenda. 2.7.3 The Architect/Engineer shall, on behalf of the Owner, file all necessary documents required to secure building permit. Assistance with securing a development approval the form of providing schematic drawings. will be ii 2.8 CONSTRUCTION PHASE - ADMINISTRATION OF THE CONSTRUCTION CONTRACT 2.8.1. The Architect/Engineer's responsibility to provide Basic Services for the Construction Phase under this Agreement commences with the award of the Contract for construction and terminates with the issuance to the Owner of the final Project Certificate for Payment including the submission of all project close out documents by the Architect/Engineer and Contractor. The Architect/Engineer will administer the Owner/Contractor contract as provided for in that document. The Architect/Engineer agrees to perform a project check prior to the end of the warranty period as a part of the contract. The check shall not exceed one working day unless additional time is approved by the Owner. 2.8.2 The Architect/Engineer shall at all times have access to the Work whenever it is in preparation or progress. 2.8.3 The Architect/Engineer shall, as contemplated herein and in the Construction Contract, but not otherwise, act on behalf, and be the agent, of the Owner throughout construction of the Project. Instructions, directions, and other appropriate communications from the Owner to the Contractor shall be given to the Contractor by the Architect/Engineer or Construction Manager. 2.8.4 Upon receipt, the Architect/Engineer shall carefully review and examine the Contractor's Schedule of Values, together with any supporting documentation or data which the Owner or the Architect/Engineer may require from the Contractor. The purpose of such review and examination shall be to protect the Owner from an unbalanced Schedule of Values which allocates greater value to certain elements of the Work than is indicated by such supporting documentation or data, or than is reasonable under the circumstances. If the Schedule of Values were not found to be appropriate, or if the supporting documentation or data is deemed to be inadequate, and unless the Owner directs the Architect/Engineer to the contrary in writing, the Schedule of Values shall be returned to the Contractor for revision of supporting documentation or data. After making such examination, if the Schedule of Values is found to be appropriate as submitted, or if necessary, as revised, the Architect/Engineer shall sign the Schedule of Values thereby indicating its informed belief that the Schedule of Values constitutes a reasonable, balanced basis for payment of the Contract Price to the Contractor. The Architect/Engineer shall not approve such Schedule of Values in the absence of such belief unless directed to do so, in writing, by the Owner. 2.8.5 The ArOitect/Engineer shall carefully inspect the work of the Contractor and shall, at a minimum, inspect work at the Project site once every week, The purpose of such inspections shall be to determine the quality and quantity of the work in comparison with the requirements of the Constructicn Contract. In making such inspections, the Architect/Engineer shall protect the O,vrner from confir,uing deficient or defective work, from continuing unexcused delays in the sch�dule and frcm overpayment to the Contractor. Foilo;,jing e,ch inspection, the Architec�iEngirreer shall submit a �.vritten report of such inspectifon, together �,,;ith any apc ropriate comments or recommendafiiens to the 0,;vner. 2.8.6 The Architect/Engineer shall initially approve periodic and final payments owed to the Contractor under the Construction Contract predicated upon inspections of the work and evaluations of the Contractor's rate of progress in light of the remaining contract time and sNE issue to the Owner Approvals of Payment in such amounts. By issuing an Approval to the Owner, the Architect/Engineer reliably informs the Owner that the Arch ite ct/Eng veer h�E made the inspection of the work required, and that the work for which payment is approved he reached the quantities or percentages of completion shown, or both, that the quality of the Contractor's work meets or exceeds the requirements of the Construction Contract, and that under the terms and conditions of the Construction Contract, the Owner is obligated to make payment to the Contractor of the amount approved. 2.8.7 The issuance of a Certificate for Payment shall not be a representation that the Architect/Engineer has (1) made exhaustive or continuous on -site inspections to check the quality or quantity of the Work. (2) reviewed construction means, methods, techniques, sequences or procedures. (3) reviewed copies of requisitions received from Subcontractors an, material suppliers and other data requested by the Owner to substantiate the Contractor's right to payment or (4) ascertained how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. 2.8.8 The Architect/Engineer shall have authority, after notification to the Construction Manager, to reject Work, which does not conform to the Contract Documents. Whenever the Architect/Engineer considers it necessary or advisable for implementation of the intent of the Contract Documents the Architect/Engineer will have authority, upon written authorization from the Owner, to require additional inspection or testing of the Work in accordance with the provisions of the Contract Documents, whether or not such Work is fabricated, installed or completed. 2.8.9 The Architect/Engineer shall review and approve or take other a pprpriateContractor's submittals such as Shop Drawings, Product Data and Samples but onlytiofor theon limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Architect/Engineer's action shall be taken with such reasonable promptness as to cause no delay in the Contractor's Work or in construction by the Owner's own forces, while allowing sufficient time in the Architect/Engineer's professional judgment to permit adequate review. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities or for substantiating instructions for installation or performance of equipment or systems designed by the Contractors, all of which remain the responsibility of the Contractors to the extent required by the Contract Documents. The Architect/Engineer's review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Architect/Engineer, of construction means, methods, techniques, sequences, or procedures_ The Architect/Engineer's approval of a specific item shall not indicate a pprova of an asof which the item is a component. When professional certification of p rfo maI ha a ern sltic of materials, systems or equipment is required by the Contract Documents, the ArchitecUEngineer shall be entitled to rely upon such certification to establish that the materials, Architect/Engineer shall take appropriate action on submittals within 14 calendar systems or equipment will meet the performance criteria required by the Contract Documents. Architect/Engineer shall maintain a tracking log for the submittals which shall includa s limited to; de but not be the submittal as named in the specification, all dates as required for trackin status of approval. A copy of the tracking log ,vill be made available to Ov/ner ,,,,her, g and the -guested. 2.3A0 The- ArOlte-cL/Engineer shall review and sign cr take k other appror rate OFdels action. rn Change �11CJ C l�rr S;I�_ICtinnChange DIr6�tl'�e pl"?oar�Ci by tl-e CcnstruCtlon Owner's approval and execution in accordance with the Contract Documents. Architect/Engineer to take appropriate action within 7 calendar days. 2.8.11 The Architect/Engineer shall promptly provide appropriate interpretations as necessar for the proper execution of the work as tong as there is no change in Contract price. 2.8.12 The Architect/Engineer shall require inspection or reinspection and testing or retesting the work, to include architectural/engineering, structural, mechanical and electrical engineerin, portions of the work, in accordance with the provisions of the Construction Contract whenever appropriate. 2.8.13 The Architect/Engineer, assisted by the Construction Manager, shall conduct inspectior to determine the dates of Substantial Completion and the date of Final Completion. The Architect/Engineer shall submit to the Owner a list comprised of incomplete and/or unacceptabl items required by the Contract Documents to include architectural/engineering, structural, mechanical and electrical engineering portions of the work. The Architect/Engineer shall forward to the Construction Manager warranties and similar submittals required by the Contract Documents which have been received from the Contractor. The Architect/Engineer shall issue a final Project Certificate for Payment upon compliance with the requirements of the Contract Documents, 2.8.14 The Architect/Engineer shall interpret and decide matters concerning performance of the Contractor under the requirements of the Contract Documents upon written request. The Architect/Engineer's response to such requests shall be made with promptness and within seven (7) days of receipt of request. 2.8.15 Interpretations and decisions of the Architect/Engineers shall be consistent with the intent of and reasonably inferable from the Contract Documents and shall be in writing or in the form of drawings and submitted on proper Construction Change Directives. claims, disputes or other matters in question between Owner and Contractors 2.8.16 The Architect/Engineer shall render written decisions within a reasonable time on all execution or progress of the Work as provided in the Contract Documents. relating to the 2.8.17 Duties, responsibilities and limitations of authority of the Architect/Engineer shall not be restricted, modified or extended without written agreement of the Owner and Architect/Engineer. 2.8.18 The Architect/Engineer shall be a representative of and shall advise and consult with the Owner (1) during construction until final payment to the Contractor is due and (2) as a Basic Service at the Owner's direction from time to time during the correction period described in the Contract for Construction. This advice and consultation shall be limited to verbal comment on actions of the Owner and shall not necessitate filing of records, forms, or revisions to drawings, without additional compensation. 2.8.19 The Architect/Engineer shall transmit to the Owner all manuals, operating instructions, as -built plans, warranties, guarantees and other documents and things required by the Construction Contract and submitted by the Contractor. 2.8.20 The Architect/Engineer shall not have control over or charge of and shall not be - responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and prcgrarns in connection '.Mth the V/ork, since these are sclel- tr,e Cortractor's responsibility under the Contract for Construction. The Architect/Engineer shall not be respcnsVe for the Contractor's schedules or failure to carry out the work in accord.nncz , ith the contract documents. The Architect/Engineer shall not have control over or charge of act; omissions of the Contractor, Subcontractors, or their agents or employees, or of a persons performing portions of the work. ny other 2.8.21 The Architect/Engineer shall testify in any judicial proceeding concerning the design a construction of the project when requested in writing by the Owner, and the Arch itect/Enginee shall make available to the Owner any personnel or consultants employed or retained by the Architect/Engineer for the purpose of reviewing, studying, analyzing or investigating any claim contentions, allegations, or legal actions relating to, or arising out of, the design or constructioi of the project. Testimony will be provi claims for actions of the Architect/Engineer, unless otherwise prevented ded as part of the basic services when in defense of by counsel of the Architect/Engineer and which time it would be subject to subpoena. For other claims against the Owner, the Architect/Engineer will do this under an expert witness with compensation. 2.8.22 The Architect/Engineer shall review any as -built drawings furnished by the Contractor and shall certify to the Owner that same are adequate and complete. 2.8.23 The Architect/Engineer shall, without additional compensation, promptly correct any errors, omissions, deficiencies, or conflicts in the work product of the Architect/Engineer or its consultants, or both. 2.8.24 The Architect/Engineer must reimburse the Owner for any added costs paid by the Owner during construction that were incurred as the result of any ornission, deficiency, or conflict in the work product of the Architect/Engineer, its consultants, or both. This added expense is defined as the difference in cost from that which the Owner would have paid if the work was included in the bid, and the actual cost presented by the Contractor. ARTICLE III 3.1 GENERAL 3.1.1 The services described in this Article III are not included in Basic Services. They shall be paid for by the Owner as provided in this agreement as an addition to the compensation paid for the Basic Services but only if approved by the Owner before commencement. 3.2 PROJECT REPRESENTATION BEYOND BASIC SERVICES 3.2.1 If more extensive representation at the site than is described in subparagraph 2.8.5 is required, the Architect/Engineer shall provide one or more project representatives to assist in carrying out such additional on -site responsibilities. 3.4 OPTIONAL ADDITIONAL SERVICES 3.4.1 Providing detailed quantity sur/eys or inventories of material and egUipment. 3.4.2 Pro,:;ding analyses of owning and operating costs. 3.4.3 ProviciOg interior design and other similar services required for or in connec�io selection ��ceurernert ��r installation of furniture, furnishings, n with the and r�lat�d equ;crrent 3.4.4 Providing assistance in the utilization of equipment or systems such as testing, adjus and balancing, preparation of operation and maintenance manuals, training personnel for operation and maintenance, and consultation during operation. 3.4.5 Providing planning surveys, site evaluations or comparative studies of prospective sitE 3.4.6 Providing special surveys or environmental studies required for approvals of governmental authorities or others having jurisdiction over the project. 3.4.7 Providing service relative to future facilities, systems and equipment_ 3.4.8 Providing detailed estimates of the construction cost (an item by item enumeration and analysis of all the costs that go to make up the Arch itect/Engineer's final estimate described in paragraph 5.1). 3.4.9 Making investigations, inventories of materials or equipment, or valuations and detailed appraisals of existing facilities. 3.4.10 Providing services of consultants for other than architectural/engineering, civil, structural mechanical and electrical engineering portions of the Project provided as a part of Basic Services. 3.4.11 Providing any other services not otherwise included in this Agreement or not customarily furnished in accordance with generally accepted arch itectUralyengineering practice. 3.4.12 Providing assistance with public agencies requiring formal review of project and preparation of documents, reports, studies, renderings, models, payment of fees, applications and other material necessary to seek such approval. 3.4.13 Providing representation before public bodies in conjunction with approval of project, upon approval by owner. 3.5 CONTINGENT ADDITIONAL SERVICES 3.5.1 Making revisions in Drawings, Specifications or other documents when such revisions are: a. Inconsistent with approvals or instructions previously given by the Owner, including revisions made necessary by adjustments in the Owner's program or Project budget; b. Required by the enactment or revision of codes, laws or regulations subsequent to the preparation of such documents and not reasonably anticipated; or c. Due to changes required as a result of the Owner's failure to render decisions in a timely manner. 3.5.2 Providing services required because cf signific nt changes in the Project including, but not limited to, size; quality, complexity, the Owner's schedule, or the method of bidding or negotiating and contracting for construction. 3.5.3 Providing consultation concerning replacement of work damaged by fire or other cau; during construction, and furnishing services required in connection with the replacement of si work. 3.5.4 Providing services in connection with public hearings. ARTICLE IV OWNER'S R--SPONSISIL►TIES 4.1 The Owner shall establish and update an overall budget for the Project based on consultation with the Construction Manager and the Architect/Engineer, which shall include the Construction Cost, the Owner's other costs and reasonable contingencies related to all of thesE costs. 4.2 The Owner shall designate the Construction Manager to act on the Owner's behalf with respects to the Project. The Owner or Construction Manager shall render decisions in a timely oi manner pertaining to documents submitted by the Architect/Engineer in order to avd unreasonable delay in the orderly and sequential progress of the Architect/Engineer's services. 4.3 The Owner shall furnish surveys describing physical characteristics, legal limitations and utility locations for the site of the Project, and a written legal description of the site. The surveys and legal information shall include, as applicable, grades and lines of streets, alleys, pavements, and adjoining property and structures; adjacent drainage; rights -of -way; restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions and necessary data pertaining to existing buildings, other improvements and trees; and information concerning available utility services and lines, both public and private, above and below grade, including inverts and depths. All the information on the survey shall be referenced to a Project benchmark. 4.4 The Owner shall furnish the geotechnical tests when requested by the Architect/Engineer. Such tests may include, but not limited to, test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, and ground corrosion and resistively tests, including necessary operations for anticipating subsoil conditions, with reports and appropriate professional recommendations. 4.5 The Owner shall furnish all legal, accounting and insurance counseling services as may be necessary at any time for the Project, including auditing services the Owner may require to verify the Contractor's Application for Payment or to ascertain how or for what purposes the Contractor has used the money paid by or on behalf of the owner. 4.6 The services, information, surveys and reports shall be furnished at the Owner's expense, and the Architect/Engineer shall be entitled to rely upon the accuracy and completeness thereof. 4.7 Prompt uvritten notice shall be given by the Ovvner and Ccnstruction Manager to the Architect/Engineer if they become aware of any fault or defect in the Prefect or non- confcrmance with the Contract Documents. .8 TF:e3 r:�pcsed'angwge of ertificata cr --rtf c2tes rd, `Engineer cr ,�rshitec�Engin�er's consultants shall be submitted to the O,:vner for rr2I,✓ie,,v and approval at least 14 days prior to execution. The Owner shall not request certifications that would requir knowledge or services beyond the scope of this Agreement. 4.9 The Owner shall furnish the required information and services and shall render approvals and decisions as expeditiously as necessary for the orderly progress of the Architect/Engineer's services and work of the contractors. 4.10 The Owner shall furnish the Architect/Engineer copies of written communications 4.11 The Owner's review of any documents prepared by the Architect/Engineer or its consultants shall solely for the purpose of determining whether such documents are generally consistent with the Owner's criteria, as and if, modified. No review of such documents shall relieve the Architect/Engineer of responsibility for the accuracy, adequacy, fitness, suitability of coordination of its work product. 4.12 The Owner shall furnish structural, mechanical, chemical, air and water pollution tests, tests for hazardous materials, and other laboratory and environmental tests, inspections and reports required by law or the Contract Documents. ARTICLE V CONSTRUCTION COST 5.1 Contemporaneously with the submission of the Design of Construction, the Architect/Engineer shall submit to the Owner in writing its final estimate of the contractor's anticipated price for constructing the Project. Once submitted, the final anticipated price estimate shall be adjusted by the Architect/Engineer to reflect any increase or decrease in anticipated price resulting from the change in Design for Construction. 5.2 The Construction Cost shall be the total estimated cost to the Owner of all elements of the project designed or specified by the Architect/Engineer. 5.3 The Construction Cost shall include the cost at current market rates of labor and materials furnished by the Owner and equipment designed, specified, selected or specially provided for by the Architect/Engineer, plus a reasonable allowance for the Contractor's overhead and profit. 5.4 Construction cost does not include the compensation of the Architect/Engineer and the Architect/Engineer's consultants, the costs of land, rights -of -way, financing or other costs are the responsibility of the Owner. which 5.5 The Architect/Engineer agrees that, should the bid for construction of the project exceed it's estimate by ten percent (10%) or more, it will redesign, redraw and/or rebid, at no additional or expense to the Owner, until the bids are within the stated limits. ARTICLE VI 6.1 INDEMNIFICATION AND HOLD HARMLESS 6.1.1 The con,,,enants and agrees to ;rdemr,iiy and hole harn�le�s ;��ionro County ana �i+,,iorroe County -`card of Count,/ Commissioners from anII .1 and a cairns for bcdil ilJUl"j �InC�UC'Ing dcaii-i, C- SCiiai iril-ry, and property ;�al �a��? (InC�U<_iing property �P,I;n'd ��,,� 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 Architect/Engineer in any tier, occasioned by the negligence, errors, or other wrongful act or omission of the Architect/Engineer in any tier, their employees, or agents. The first ten dollar: ($10.00) of remuneration paid to the Architect/Engineer 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. Should any claims be asserted against the Owner by virtue of any deficiency or ambiguity in the plans and specifications provided by the Architect/Engineer, the Architect/Engineer agrees and warrants that he shall hold the Owner harmless and shall indemnify him from all losses occurring thereby and shall further defend any claim or action on the Owner's behalf. ARTICLE VII 7.1 PERSONNEL 7.1.1 The Architect/Engineer shall assign only qualified personnel to perform any service concerning the project. At the time of execution of this contract, the parties anticipate that the following named individuals will perform those functions as indicated: NAME Michael B. Ingram Scott C. Maloney Harry D. Keaaler Peter Oliver _Marty Herrin Jeni McKinniss FUNCTION Draftsperson Draftsperson Draftsperson Adm. Assist. Adm. Assist. _Bus. Dev Mgr So long as the individuals named above remain actively employed or retained by the Architect/Engineer, they shall perform the functions indicated next to their names. 8.1 PAYMENTS FUNCTION Principal, Sr. Architect Proiect Liaison Mar/Archt If Architect II Architect Draftsperson Draftsperson ARTICLE Vill NAME Robert Burrows Tara Pesta Boian Miocinovic Maryanne Johnson Lina Robles Karrie Williams 8.1.1 For its assumption and performances of the duties, obligations and responsibilities set forth herein, the Architect/Engineer shall be paid monthly, in accordance with the following schedule: (A) The Architectural/Engineering fee shall be based on the following criteria: 1. Schematic Design 15 percent 2. Design Development Phase 30 percent 1 Construction Documents Phase 30 percent 4. Bidding or Negotiation Phase: 5 percent 5. Construction Phase ?0 percent An estmiated construction cost of each project and a fee percentage thereof shall be initially used to calculate the architectural/engineerirg fee. When the actual ccnstruc ccst ;s �nc��;n the �e� vill oe d� t J tinn a tus er in accordance >vM the S �t� t� e ,f Florida, Dep,arlment of �`�laracement Sereices, Division of Building Constq_ ction Fee c for ,architectural and Engineering Services, attached hereto as E -_hibit A. he�luie A final adjustment will be made when construction is complete. (B) For the performance of the optional additional services and contingent additio services described in Article III of this contract, provided same are first authorized in writing by the Owner, the Architect/Engineer shall be paid hourly at the rates identifie( Exhibit B, or as negotiated. (C) If the Architect/Engineer's duties, obligations and responsibilities are materially changed through no fault of the Architect/Engineer after execution of this contract, compensation due to the Architect/Engineer shall be equitably adjusted, either upvvara downward. (D) As a condition precedent for any payment due under this contract, the Architecl Engineer shall submit monthly, unless otherwise agreed in writing by the Owner, an invoice to the Owner requesting payment for services properly rendered and reimbursable expenses due hereunder. The Architect/Engineer's invoice shall describE with reasonable particularly the service rendered. The Architect/Engineer's invoice sha be accompanied by such documentation or data in support of expenses for which payment is sought that the Owner may require. 8.2 REIMBURSABLE EXPENSES 8.2.1 Reimbursable expenses include expenses incurred by the Architect/Engineer in the interest of the project: a. Expense of transportation submitted by Architect/Engineer, in writing, and living expenses in connection with out -of -county travel authorized by the Owner, in writing, but only to the extent and in the amounts authorized by Section 112.061, Florida Statutes; b. Fees paid for securing approval of authorities having jurisdiction over the project; C. Reproductions as requested only by the Owner (beyond 8 signed and sealed full size sets, plus one full size reproducible set, and one 11 x 17 reproducible set); d. Postage and handling of Drawings and Specifications; e. Renderings and Models requested by the Owner. ARTICLE IX 9.1 APPLICABLE LAW 9.1.1 This contract is governed by the laws of the State of Florida. Venue for any litigation arising under this contract must be in Monroe County, Florida. ARTICLE X 0',,1Vr1ERSI-IiP OF THE PRELIMINARY DESIGN AND `I-11E DESIGN FOR CONSTRUCT10N 10.1 The Drawings, Specifications and other documents prepared by the Arch it for this project are instruments of the Arch itect/Engineer's service for use soled �,v' this project, and- the Architect/Engineer shall be deemed the author of theseect/Engint shall retain all common law, statutory and other reserved rights, includi y ith respect documents and of the Architect/Engineer's Drawings, Specifications and other documents shall not the Owner or others on other projects, or for completion of this including reproducible copies Architect/Engineer is adjudged to be in default under this Agreement, exceptbe used b project by others, unless the writing and with appropriate compensation to the Architect/Engineer. by agreement in 10.1.2 Submission or distribution of documents to meet official regulatory requirements similar purposes in connection with the project is not to be construed as publication in derogation of the Architect/Engineer's reserved rights. or for 10.1.3 The As -Built drawings and specifications may be furnished by the contractor to Owner in electronic format in addition to the original As Built documents . the 10.1.4 The Owner may utilize the construction documents, As -Built documents, etc. as requirec for reference on any necessary future work on the site. ARTICLE XI 11.1 SUCCESSORS AND ASSIGNS 11.1.1 The Architect/Engineer shall not assign its right hereunder, accepting its right to Payment, nor shall it delegate any of its duties hereunder without the written consent of the Owner. Subject to the provisions of the immediately preceding representatives to the other and to the successors, assigns and legal representatives of such other party. ARTICLE XII 12.1 NO THIRD PARTY BENEFICIARIES 12.1.1 Nothing contained herein shall create any relationship, contractual or otherwise, with or any rights in favor of, any third party. ARTICLE XIII 13.1 INSURANCE 13.1.1 The Architect/Engineer shall obtain insurance as specified in the contract an the required insurance at all times this contract is in effect. Errors and Omissions Ins shalt also be maintained for a period of two Yd maintain event the completion of the project (to include the wfork fof oithe s) icomplstion of the delayed cr s insurance a result of the Arch itectiEngineer's failure to purchase or maintain the re. project. In the uspended as a Arch itectlEr�gireer shall indemnify the County from am furred insurance, the from such delay. y and all increased expenses resulting 13.1.2 The coverage provided herein shall notice contain o e age -ment { ro�iidin� y ( �0; days to the O��iner prior to an"; carcallation ofsaid co�>>�� �,,. d sixt 6 y an Il DUI"?r CCe� rabie t0 [he C,a,ne and Shall �e In �,ag? bald �O'!er ? �a form acceptable shall be ;��ritten �,y t�� the ARTICLE XIV TERMINATION 14.1 Either party hereto may terminate this contract upon giving seven (7) days written not to the other in the event that such other party substantially fails to perform its material obligations set forth herein. Termination expenses Sr include all expenses till date of termination and any additional services required ii► order to stc Performance of services, subject to audit for verification. 14.1.1 Monroe County's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Board of County Commissioners and the approval of the Board members at the time of contract initiation and its duration. ARTICLE XV ENTIRE AGREEMENT 15.1 This contract consists of the form of agreement (Articles I-XVI), the exhibits that are attached and made a part of the contract, and the documents referred to in the form of agreement as a part of this contract. In the event any conflict between any of those contract documents, the one imposing the greater burden on the Architect/Engineer will control. 15.2 A person or affiliate who has been place on the convicted vendor list following a conviction for public entity crime may not submit a bid on 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 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 of the Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. ARTICLE XVI Added Requirements 16.1 The following items are part of this contract: a) Architect/Engineer shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with general) y accepd 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. If an auditor employed by the County or Clerk - determines that monies paid to Architect/Engineer pursuant to this ,Agreement 'Aere spent for purposes rot authorized by this Agreement, the Architect/Engineer shall repay the monies together Mth interest calculated pursuant to Sec, 55.03, FS, running frcm the date the monies ,vere pajd to 0�,v�mei Hies b �cvar�in, Laiv, Venue, Interpretation, Cost d F�e� �� d s, 3n This ^- b _ d �on� r�_te n accordance :/ith the la,,vs r f :ha S; �-nt shad State f Florida acpjicaf ie f J contracts made and to be performed entirely in the State. In the event that any cause of a( or administrative proceeding is instituted for the enforcement or interpretation of this Agreern the County and Architect/Engineer agree that venue will lie in the appropriate court or before appropriate administrative body in Monroe County, Florida. The Parties waive their rights I trial by jury. The County and Architect/Engineer agree that, in the event of conflic interpretations of the terms or a term of this Agreement by or between any of them the is: shall be submitted to mediation prior to the institution of any other administrative or le proceeding. c) Severability. If any term, covenant, condition or provision of this Agreement the application thereof to any circumstance or person) shall be declared invalid unenforceable to any extent by a court of competent jurisdiction, the remaining terry covenants, conditions and provisions of this Agreement, shall not be affected thereby; and ea� remaining term, covenant, condition and provision of this Agreement shall be valid and shall I enforceable to the fullest extent permitted by law unless the enforcement of the remainir terms, covenants, conditions and provisions of this Agreement would prevent tt accomplishment of the original intent of this Agreement. The County and Architect/Engine( agree to reform the Agreement to replace any stricken provision with a valid provision the comes as close as possible to the intent of the stricken provision. d) Attorney's Fees and Costs. The County and Architect/Engineer agree that in th, event any cause of action or administrative proceeding is initiated or defended by any part, relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorey's fees, court costs, investigative, and out-of-pocket expenses, a, an award against the non -prevailing party, and shall include attomey'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 accordancewith the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. e) Binding Effect. The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the County and Architect/Engineer and their respective legal representatives, successors, and assigns. f) 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. g) Claims for Federal or State Aid. Architect/Engineer 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. h) Adjudication of Disputes or Disagreements. County and Architect/Engineer 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 ,vithin 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 cr issues are still not resolved to the satisfaction of the parties, then any party shall have the right to .seek such relief ,Dr remedy as re pro Jded by this Agreement or by F!erida law. C.c.cer3tich. Ir tl�e event any adrninistrati,/e or !egal r�roc edir�g is instituted 3C(alnst rt 1. ,�� fi rp�atir: the forrnati�Dn, eXeCI_Iti0n, erfcrrnarice 1 Of p Cr ��f �aC; thlS Agreement, County and Owner agree to participate, to the extent required by the other part all proceedings, hearings, processes, meetings, and other activities related to the substanc this Agreement or provision of the services under this Agreement. County and Okn, specifically agree that no party to this Agreement shall be required to enter into any arbitra proceedings related to this Agreement. j) Nondiscrimination. Architect/Engineer and Owner agree that there will be discrimination against any person, and it is expressly understood that upon a determination b court of competent jurisdiction that discrimination has occurred, this Agreement auto ati terminates without any further action on the part of any party, effective the date of the co. mc order. Architect/Engineer or Owner agree to comply with all Federal and Florida statutes, al all local ordinances, as applicable, relating to nondiscrimination. These include but are n limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits discriminati( on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, amended (20 USC ss. 1681-1683, and 1685-1686), which prohibits discrimination on the bas of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), whit prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, a amended (42 USC ss. 6101-6107) which prohibits discrimination on the basis of age; 5) Th, Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating t( nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse ant 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 Vlll of the Civil Rights Act of financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 12 is 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or Note), 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 of, this Agreement; 11) Monroe County Code Chapter 13, Article VI, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age. k) Covenant of No Interest. Architect/Engineer and Owner covenant that neither manner or degree with its performance under this Agreement, and that only interest of presently has any interest, and shall not acquire any interest, which would conflict in any perform and receive benefits as recited in this Agreement. each is to 1) 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. M) No Solicitation/Payment, The Architect/Engineer and Owner 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, ether than a bona fide employee working solely fer it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting frcm the award or making of this Agreement. For the breach or v,iolaticn of the pro,,,isicn, the Architect/Engineer agrees `hat the County shall have the ,-ight to terminate 'this Agreementout liability and, at its discretion, to offset from monies ---.�/ed, or --ther,iise re-co,,er, the full 3mc,_int of such fee, somrnisSion, percentage, gift, or ccnsider ,tion. n) Public Access. The Architect/Engineer and Owner shall allow and pE reasonable access to, and inspection of, all documents, papers, letters or other materials ii possession or under its control subject to the provisions of Chapter 119, Florida Statutes, made or received by the Architect/Engineer and Owner in conjunction with this Agreement; the Architect/Engineer shall have the right to unilaterally cancel this Agreement upon violatioi this provision by Owner. o) Non -Waiver of Immunity. Notwithstanding he provisions of Sec. 286.28, Flor Statutes, the participation of the Architect/Engineer and the Owner in this Agreement and , acquisition of any commercial liability insurance coverage, self-insurance coverage, or lo, government liability insurance pool coverage shall not be deemed a waiver of immunity to t extent of liability coverage, nor shall any contract entered into by the County be required contain any provision for waiver. p) Privileges and Immunities. All of the privileges and immunities from liabilit exemptions from laws, ordinances, and rules and pensions and relief, disability, work compensation, and other benefits which apply to the activity of officers, agentsemployees c worker , or em any public agents or employees of the County, when performing their respective functions undE this Agreement within the territorial limits of the County shall apply to the same degree an extent to the performance of such functions and duties of such officers, agents, volunteers, o employees outside the territorial limits of the County. q) Legal 'Obligations and Responsibilities: Non -Delegation of Constitutional of 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. r) Non -Reliance by Non -Parties. No person or entity shalt 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 Architect/Engineer and the Owner agree that neither the Architect/Engineer nor the Owner 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. s) Attestations. Architect/Engineer agrees to execute such documents as the Owner may reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug -Free Workplace Statement. t) hlo 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 it capacity, and no member, officer, agent cr employee of Monroe County shall be liable personalty on this Agreement or be subject to any personal liability or acccuntability by reascn of the execution of this Agreement. �) E/ecuticn in Courierparts. This Agreement may be exec_ited in Win`/ (-,umber o` Of ;!'llCi shall b �C d r� a- ed =Is an orginal all of "v_�_eth,er shalt constitute one and the same instrument and any of the parties hereto may execute Agreement by singing any such counterpart. v) Section Headings. Section headings have been inserted in this Agreement a matter of convenience of reference only, and it is agreed that such section headings are nc part of this Agreement and will not be used in the interpretation of any provision of I Agreement. w) Prior to the execution of this agreement, the ARCHITECT/ENGINEER shall furnish the OWNER Certificates of Insurance indicating the following coverages or in excess thereof: Workers's Compensation in the amount of statutory limits; Employers Liability is $100,000 per occurrence, $500,000 per property damage, $100,000 per person; General Liability (Premises Operations, Products and Completed Operations, Blanket Contractual Liability, Personal Injury Liability, Expanded Definition of Property Damage) with $500,000 per Person, $1,000,000 per Occurrence, $100,000 Property Damage or $1,000,000 Combined Single Limit; Vehicle Liability should extend a liability for owned, non -owned and hired vehicles with coverage of $50,000 per person; $100,000 per Occurrence, $25,000 Property Damage or $100,000 Combined Single Limit; Architects Errors & Omissions with $1,000,000 per Occurrence/$3,000,000 Aggregate; Engineers & Omissions with $1,000,000 per Occurrence/$3,000,000 Aggregate. SWORN STATEMENT UNDER ORDINANCE NO. 10_1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE 6116 ( r� warrants that he/it has not employed, retained or otherwise had 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 beach or violation of this provision the County may, in its discretion, deduct from the contract or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee. 4 i� (Signature) Date: STATE OF _L J Akl COUNTY OF_ aj �-A— Subscribed,and sworn to (or affirmed) before me on `�' t � (date) by (name of affiant). He/She i Personally known tome. My commission expires: � r PUBLIC NOTARY IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its dL1/ authorized representative this day of y 11 (SEAL) , 'Attest DANNY L. KOLHAGE, Clerk Deputy Clerk Date: -5-- / 9 - C) 5/ (Seal) Attest: ByArlaz BOARD OF COUNTY CopAMISSIONER, OF MONROE COUNTY, FLORIDA By. -A= f Mayor ;;h a Ur m Date: -5-- ARCHI CT/ENGIN"ItE�R BY: 77 -, Title. J-t, .EXHIBIT A State Fee Curves (2 Pages) EXHIBIT B Fixed Hourly Rates =i u' j i iiU cr ael l,��r �m 3052322IG2 mbl' k2m_ MONROE OOUi j /AMNAG crur MAY arl RATES as of January 200¢- Principal, Architect I $150.00/hour Architect II $120.00/hour Draftsman 1 $ 95.00/hour Draftsman If $ 55.00/hour Administrative Services $ 55.00/hour :t 1 7 a ri k2m k k ' I E C T U R L Rai—BURSABLES- n'5L Q 2 L 1 S Blue Prints 2.50 Copies 25 Mileage .35/mile License Fees cost Mailing/Shipping cost Parking cost Photographic documentation cost Printing cost Consultant Fees cost + 10% MAY AORD,. CERTIFICA ► _ OF LIABILITY INS�IRAR E OP ID Y DATE(MMJDD/YYVV) K2MDE51 08 08 06 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Talbot Insurance Partners HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 9930 Johnnycake Ridge Road ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Mentor OH 44060 Phone: 440-942-2152 Fax:440-942-2204 INSURERS AFFORDING COVERAGE NAIC# ----------- ---- ----- - --- INSURERA scare A�e� :c�mpa�as - _ 25135 --- --- - --- - IN L,Rr,R3 CINA Insurance - � �^' 0443C mbi / k2m Architecture = - - -- --- -- --� Scott -- C. Maloney, R.A. INS 2530 Superior Ave #302 - - ---- -- ----- ------- - -- --- ------ - Cleveland OH 44114 '`UR`R D INsUPER c . ---- - -- r:nVFRer.Fc - THE POLICIES OF INSURANCE LISTED BEJO'h HAVE BEEN ISSUED TO -HE iNSI,RED NAMED 180VE FOP TnE PC _iCY FERiCC INDICAT ��OTNITHSTANCING - +n7 _ . .=NY REQUIREMENT, TERM OR CONDITION CF ANY CONTRACT OR OTHER DCCU..YENT'KITH RESPECT TO Y,rICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRPED HE-RE.N S SUBJECT TO A_L THE TE IVS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDGCED BY PAID CL.1IMS ' NSR ADD ----------.._. - - - - -- — — - -- EC ---------- 1.7R INSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION ------""--"--""""------ ---- - - - -- _ _ DATE (MMJDO/YY) DATE (MM/DD/YV) ( LIMITS GENERAL LIABILITY X 1 COMMERCIAL GENERAL LIABILITY I EACH OCCURRENCE ` DANA-GE"TG RENTED— --- ($ 1 , 000 000 — —=- - - -) ---J I( �PREMISES (Ea occurence) 1 $ 3001000 '-- - CLAIMS MADE - OCCUR j I I MED EXP (Any one person) - $ 5 000 A I X 'Business Owners BOP2202233 1 08/08/06 - — 08/08/07 PERSONAL& ADV INJURY $ 1 000 000 ____ _ �GEN'L 1 GENERAL AGGREGATE —�—" $ 2 000,000 AGGREGATE LIMIT APPLIES PER If �X PRO- ----- - PRODUCTS COMP/OPAGG I$2,000,000 POLICY JECT LOD AUTOMOBILE LIABILITY -- 4 I X N _ � � COMBINED SINGLE L*MIT ! (Ea accident)I � 11000,000 A OWNED AUTOS ��--� ---- - I SCHEDULED AUTOS j BODILY INJURY (Per person) $ -- BOP2202233 08/08/0) A X HIRED AUTOS { I— - ---- ____-_i 08/08/07I - -.------ i A I X NON-O'NNEDAUTOS BOP2202233 08 08/06 --{ / BODILY IN,fURY J8/08/07 Peraccldenq $ .�--------- ---- -- - PROPERTY DAMAGE (Per accident - $ GARAGE LIABILITY �' 1 az ALTO ONLY - EA ACCIDENT $ ANYAUTO --- -- i OTHER THAN EAACC AUTO $ ONLY AGG $ - , , t� I EACH OCCURRENCE b OCCUR �CLAIMS MADE AGGREGATE �$ ��DEDUCTIBLE ) _ ----— RETENTION ------ WORKERS COMPENSATION AND I / A - EMPLOYERS' LIABILITY - ! TCRY LIMITS ER A — - -- -- --�-- ttt------- - -- - I ANY PROPRIETOR/PARTNER/EXECUTIVE BOP2202233 08/08/06 08/08/07 EL EACH ACCIDENT _$ 1 0O0 Q , 00 1 B,cs descr.beiJe �E TEASE- EAc �,II L� 'E�i s e 1, OOU, J00 i _ - SPECIAL PRO I IONS ow Ol HER --- - - --- - - --- - E L DISEASE POLICY LIMIr $ 1 , 000, 000 t -- � - i _ I 'Architects E & O 25-401-87-62 011/13/06 04/13/071 Per Claim 3,000,000 A re ate 3,000,000 DESCRIPTION OF OPERATIONS /LOCATIONS /VEHICLES !EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS Certificate holder is also named as additional insured. Ohio Worker's Comp #1493325 as providod by Scott C. Maloney mbilk2m I Architecture. ERTIFICATE HCLDER CANCELLATION i`1C�1 1 C, [CAT� HOULD AM' C' THE ADCVE DESCRIBED FCI_IC:_ E CANCELLED BEFORE TPE E/PIRA1,(, v'. THERECF, THE ISSUIN,ENSURER WILL Fvi;cA':OR TC'AAIL 10 DAYS l'JRITTEN TICE TO THE CERTIRCATE HCLCER NAMED TO T:,- I_CFT. EUT FAILUFE TO CO SO CPALL Mcr_zco CountyAtto: Palllett@ i�arp(?r ,; E 140 C'2L.cATICN CR LtA31LJTY OF A.>IY K„JC ,PC.J THE L4L_URCRITS nGEN7S ;R 1100 Simontcn St. EPRESEN TATIVES. Key Jest FL 33040 AUTHOFtzcDPEPFESENTATIVE ---- ---- ---- Yvcr.nc� M. CCRD25(20c';0p) --- — -- "?ACORC. ORPORAT 1:c�; BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: 4/18/07 Bulk Item: Yes No Division: Engineering Department: Engineering Staff Contact Person/Phone #:Dave Koppel/292-4427 AGENDA ITEM WORDING: Approval to advertise a Request For Qualifications for Engineering Services associated with Stormwater Management ITEM BACKGROUND: Stormwater Drainage management systems are needed on US 1. A Joint Participation Agreement (JPA) between the Florida Department of Transportation (FDOT) and Monroe County BOCC, indicates that FDOT will pay for construction on US 1 as indicated the Stormwater Master Plan, dated August 2001. PREVIOUS RELEVANT BOCC ACTION: BOCC granted approval by resolution a Joint Participation Agreement with FDOT for Stormwater improvements on 12/14/2005. CONTRACT/AGREEMENT CHANGES: none STAFF RECOMMENDATIONS: Approve as stated above TOTAL COST: BUDGETED: Yes No X COST TO COUNTY: N/A SOURCE OF FUNDS: FDOT REVENUE PRODUCING: Yes _ No X AMOUNT PER MONTH Year APPROVED BY: County Atty OMB/Purchasing Risk Management DOCUMENTATION: Included _ Not Required DISPOSITION: AGENDA ITEM # Revised 11/06 Engineering Division MEMORANDUM To: Dave Koppel, County Engineer From: Dave Parker, Senior Administrator, Special Projects Date: April 2, 2007 Re: Agenda Item AGENDA ITEM WORDING: Approval to advertise an RFQ for US1 Stormwater Drainage Design ITEM BACKGROUND: As part of the Joint Participation Agreement between Monroe County BOCC and FDOT, the County is undertaking to permit, design and construct several Stormwater structural improvement projects along US1. The improvements to stormwater drainage will consist of, among other things, increasing shoulder width, constructing swales, and installing vegetation at the following locations: PROJECT DETAILS 1. Big Coppitt Key Rockland Key to Shark Key (approximately 1.3 miles) 2. Park Key North Harris to Park Channel (approximately 1 mile) 3. Cudjoe Key Bow Channel to Kemp Channel (approximately 2.5 miles) PREVIOUS RELEVANT BOCC ACTION: None CONTRACT/AGREEMENT CHANGES: STAFF RECOMMENDATIONS: Approval as stated. Catalog of State Financial Assistance No.: 55.003 Financial Project ID No: 408292-2-58-01 EXHIBIT `A' SCOPE OF SERVICES FDOT Financial Project ID: 408292-2-58-01 COUNTY: Monroe DEPARTMENT Project Manager: Ricardo Salazar, P.E. COUNTY Project Manager: _Pat Vi cl n / gge /> E The following stortnwater improvement projects have been identified as eligible for DEPARTMENT reimbursement, with DEPARTMENT financial participation not to exceed the amount programmed in the DEPARTMENT's current Adopted Work Program identified in Exhibit `B'. Scope -of -services excerpts from the Monroe County Stormwater Management Master Plan, dated August 2001, for each of the three below -listed projects are attached hereto and incorporated herein by reference: Mile Estimated Expected Marker Island Name/Location Construction Cost Fuads Available 11-12 Big Coppitt Rockland to $542,000 FY 05 Shark Key 17-19 Park Key North Harris to 3414,000 FY 05 Park Channel 20-22 Cudjoe Key Bow to Kemp $1,044,000 FY 05 Channel Page 14 of 21 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: April 18, 2007 Division: Technical Services Bulk Item: Yes X No Department: Technical Services Staff Contact Person: Mickey Baker 295-5130 AGENDA ITEM WORDING: Approval for ratification of previous purchase of 70 Dell Computers — Model Number and pricing change ITEM BACKGROUND: In the December 20, 2006 meeting, BOCC approved the purchase of 20 Dell Optiplex 210 Desktop Computers. On December 27, 2006, a purchase order was issued for these items. On January 3, 2007, Dell wrote Technical Services saying that the Optiplex 210 was no longer available and offering an Upgraded Dell 520 with upgraded (Gold) support for $42.31 per unit ($2,961.70 total) additional, which is a 5.1 % increase. PREVIOUS RELEVANT BOCC ACTION: Board approved on December 20, 2006, item D-39 CONTRACT/AGREEMENT CHANGES: Model change on from Dell Optiplex 210 to Dell Optiplex 520 Cost Change: $2961.70 STAFF RECOMMENDATIONS: Authorize change to amend Purchase Order and pay invoices for the upgraded computer and support. TOTAL COST: $89 303.80 BUDGETED: Yes X No COST TO COUNTY: $89 303.80 SOURCE OF FUNDS: REVENUE PRODUCING: Yes No X AMOUNT PER MONTH Year - fi APPROVED BY: County Atty OMBiPurchasin9 f r isk Management _ DOCUMENTATION: Included Yes Not Required DISPOSITION: AGENDA ITEM # Revised 8/06 CCEE'n�O--r NROE DA a'iW Technical Services Division 1200 Truman Avenue Suite 211 Key West, FL 33040 (305) 295-5110 To; Acelia Cucci, Finance, Stop #8 BOARD FO COUNTY CnMMLSION£Rs Mayor Mario Di Gennaro, District 4 Mayor Pro Tern Dixie M. Spehar, District 1 George Neugent, District 2 Charles "Sonny" McCoy, District 3 Syivia 3. Murphy, District 5 . From: Mickey V. Baker Date: March 20, 2007 Subject: Disallowed/Questioned Costs Transmittal Memo d. March 20, 2007, Dell Marketing, LP To clarify the products purchased vs. the products quoted — Deli optipiex 210's ceased being manufactured between the time our. purchase order was issued on December 27 and the time it was processed by Dell. Dell notified me of this via email on January 3 and offered similar pricing with an upgraded support agreement ( Gold Support") on the Dell GX520 in a small form factor. The pricing difference was $42.31 per unit, $2,961.70 for the entire purchase order, a 5.1% increase for a more powerful computer with upgraded support, I authorized this change for Dell to ship the upgraded systems. I have attached a copy of the email from our Deli representative. We have routed paperwork as you requested and it should arrive attached to this memorandum. Thank you for your corrections. � 1] L1 MAR2007 Baker -Mickey From: Tawna_Perkins@Deil.com Sent; Wednesday, January 03, 2007 2: 10 PM To: Roth-Cee cc: Baker -Mickey subject: RE: imaging The OptiPlex 210L is no longer being manufactured. My plan was to simply send the GX520, however they're on supply constraint as they will no longer be manufactured in a couple weeks. There should be GX520 small form factors still available for your project, but I don't know if you want the smaller chassis. I'm still checking around to -see what my options are with the GX520. Would the smaller chassis be acceptable, or do you I want to stick with the desktop? I've been advised to send you an OptiPlex 745 to write your image on, and change the project to be 745's. The chip set in these new systems will require different drivers than were on the GX520, requiring the new image. Please let me know your thoughts and/or concerns. Thank Yoi4 Tawna Perkins Dell Inc I NE State and Local Guvt 1-800-289-3355, opt 1, ext:722-894716 Direct: 512-728-9476 Fax: 512-283-9840 Tawna.Perkins@dell-com How am I doing? comments. Please contact my manager Andrew—Deatherage@dell-r-om with any c BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: I2/20/06 Division: Technical Services Bulk Item: Yes X No _ _ Department: Staff Contact Person/Phone #: Mickey Baker 295-5130 AGENDA ITEM WORDING: Approval of and Authorization for the County to purchase 70 desktop workstation computers and 20 portable notebook workstation computers from Dell Computers to replace obsolete equipment, in accordance with the Monroe County Five Year Technology Plan. ITEM BACKGROUND: At the time of this submission there are at least 50 desktop workstations that are in need of replacement. Older computer's performance is inadequate to run required applications, replacement parts cannot be procured for select models, noise heat and size requirements are excessive. Many of these computers are 6 years old. Given historical statistics, approximately 40 more workstations will need replacement before the end of FY 2007. This requests a purchase of a total of 90 workstations — 70 desktops and 20 portable notebook computers. Mobile users are a growing segment of the County workforce. In the past, the County has purchased portable computers on an ad -hoc basis, which has resulted in many different types of computers and Jess than optimum pricing for these computers. 20 notebook computers are requested so that the County can establish a supported standard for these computers for support reasons and procure these at a price below normal Florida State Contract price. Users of portable notebook computers will not require a desktop computer. PREVIOUS RELEVANT BOCC ACTION: Approval of 2007 Technical Services Budget that includes this purchase. 2005 purchase of 100 replacement workstations. CONTRACTIAGREEMENT CHANGES: Purchasing via the Florida State Contract with Dell Computer, Contract #: 250-000-03-1 STAFF RECOMMENDATIONS: Approval and purchase of these computers. TOTAL COST: $86 342.10 BUDGETED: Yes X No — COST TO COUNTY: $86,342.10 SOURCE OF FUNDS: 001-05003 REVENUE PRODUCING: Yes — No X AMOUNT PER MONTH Year APPROVED BY: County Atty — (FMB/Purchasing , Risk Management DOCUMENTATION: Included X DISPOSITION: Revised 11/06 Not Required AGENDA ITEM # cc$�n;y zo-m�,'ICT ROE 3W40 Technical Services Division 1200 Truman Avenue, Suite 211 Key West, B1 33040 (305) 245-5110 Date: December 5, 2006 Subject: Agenda Item — Desktops and Notebooks nnwn� pp COUAITY (:QMMSSSIONER'£ Mayor Mario Di Gennaro, District 4 Mayor Proem Dude M. Spehar, District 1 George Neugent, District 2 Charles "Sonny" McCoy, District 3 Syivia I Murphy, District 5 This item requests approval of and Authorization for the County to purchase 70 desktop workstation computers and 20 portable notebook workstation computers from Dell Computers to replace obsolete equipment, in accordance with the Monroe County Five Year Technology Plan. History and Reasoning At Ieast 50 desktop workstations that are in need of immediate replacement. Older computer's performance is inadequate to run required applications, replacement parts cannot be procured for select models, noise heat and size requirements are excessive in the office environment. Many of these computers are 6 years old. Some of these computers are running the Windows NT operating system and are not adequately powered to be upgraded. Approximately 30 more workstations will need replacement before the end of FY 2007 — we have a run rate of about 3 failures per month of these older machines and there will be requests for computers for new employees. This requests a purchase of a total of 90 workstations — 70 desktops and 20 portable notebook computers. This should be adequate for the remainder of the year if there isn't a catastrophic event. Mobile users are a growing segment of the County workforce. In the past, the County has purchased portable computers on an ad -hoc basis, which has resulted in many different types of computers and less than optimum pricing for these computers. 20 notebook computers are requested so that the County can establish a supported standard for these computers for support reasons and procure these at a price below normal Florida State Contract price. Users of portable notebook computers will not require a desktop computer. Dell Inspirons and TPS machines have been purchased by the County — when viewed individually, these offer good value. The advantage of the Dell Latitude line is that it offers software compatibility — all these machines can have exactly the same software loaded on them without the technician having to collect a number of drivers for each machine each time a disk is replaced, As notebooks propagate, it is important to maintain this compatibility. Pricing and Procurement Workstation pricing is based on purchase of at least 60 units. Notebook pricing is based on at least 20 units. The pricing on the quotes attached to the Agenda Item Summary is consistent with Florida State Contract pricing and will be ordered under the Dell state contract. Technical Services has obtained quotes for similar computers from Hewlett-Packard and Leuovo (formally IBM) which were higher than these prices. Micke V. Baker Divisi n Director, Technical Services DELL QUOTATION QUOTE #: 326730108 Customer #: 5446617 Contract #: 90231 CustomerAgreement #: 250-000-03-1 Quote Date: 10/30/06 Date: 10/30/06 2.32:51 PM Customer Name: MONROE COUNTY BOCC - IS Product Subtotal: $57,732.50 Tax ; _. $$0.00 aaina & Handling: N $0.06 Of SALES REP: ' T2mmy "Fax PO's to 512-283-2250 PHONE: - Email Address: FTommy_KeeiingQdell.com g Phone Ext_ 7244534 v For your convenience, your sales representative, quote number and customer number have been Included to provide you with faster service when you are ready to place your order. Orders may be faxed to the attention of your sales representative to 1-866-844-0532. You may also place your order online at www.delf.comfauote Unless you have a separate agreement with Dell, the terms and conditions found at httpaiftpbox.us.dell.comisig/resellers/resellartcs.htm shall govern the sale and resale of the Products and Services referenced in this quotation. Prices and tax rates are valid in the U.S. only and are subject to change. **Salesluse tax is a destination charge, i.e. based on the "ship to" address on your purchase order. Please Indicate Your taxability status on your PO. if exempt, please fax exemption certificate to Dell Tax Department at 888-863-8778, referencing your customer number. If you have any questions regarding tax please call 800-433-9019 or email Tax Department@dell.com. ** All product and pricing Information is based on latest information available. Subject to change without notice or obligation. LCD panels in Dell products contain mercury, please dispose properly. Please contact Dell Financial Services` Asset Recovery Services group for EPA compliant disposal options at US_Dell_ARS_Requests@deil.com. Minimum quantities may apply. Shipments to California: For certain products, a State Environmental Fee Of Up to $1 d per item may be applied to your invoice as early as Jan 1, 2005. Prices in your cart do not reflect this fee. More Info, or refer to URL www.dell.comienvironmentalfee BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: April 18, 2007 Division: Employee Services Bulk Item: Yes X No _ Department: Risk Management Office Staff Contact Person/Phone #: Maria Slavik X3178 AGENDA ITEM WORDING: Approval to accept renewal with Arthur J. Gallagher to provide Liability Insurance for Bayshore Manor with Lantana Insurance Company at an annual premium of $17,506.86 ITEM BACKGROUND: Coverage is for General Liability and Wrongful Acts/Vicarious Liability for abuse as required to maintain our State of Florida Assisted Living Facility License. PREVIOUS RELEVANT BOCC ACTION: In March 2006, the BOCC previously approved the current policy which expires April 30, 2007. Approved proposal from Arthur J. Gallagher & Company in 2003. CONTRACT/AGREEMENT CHANGES: Premium is $16,936 which is an increase of $929 or 5.8% from last year. The total cost of the renewal includes a $400 annual membership fee to be eligible for this program. As a result of damages caused by the 2004 and 2005 hurricanes, the State also implemented a Catastrophe Fund Assessment of 1% ($170.86 of an additional charge) of the premiums paid on all policies in Florida which the County did not have to pay last year. STAFF RECOMMENDATIONS: Approval to renew the policy as submitted by the Insurance Agent, Arthur J. Gallagher for the period of 4/30/07 — 4/30/08. TOTAL COST: $17,506.86 BUDGETED: Yes X No COST TO COUNTY: $17,506.86_ SOURCE OF FUNDS: Ad Valorum REVENUE PRODUCING: Yes No X AMOUNT PER MONTH Year X APPROVED BY: County Atty OMB/Purchasi g Risk Management DOCUMENTATION: Included X Not Required DISPOSITION: Revised I I/06 AGENDA ITEM # C UNTY SO�MONROE KEY WESTLORIDA 33040 (305)294-4641 Office of the Employee Services Division Director The Historic Gato Cigar Factory 1100 Simonton Street, Suite 268 Key West, FL 33040 (305) 2924458 — Phone (305) 2924564 - Fax TO: Board of County Commissioners FROM: Teresa E. Aguiar, Employee Services Director DATE: March 29, 2007 SUBJ: General and Professional Liability Insurance Renewal for Bayshore Manor 4/30/07 — 4/30/08 BOARD OF COUNTY COMMISSIONERS Mayor Mario Di Gennaro, District 4 Mayor Pro Tern Dixie M. Spehar, District 1 George Neugent, District 2 Charles "Sonny" McCoy, District 3 Sylvia J. Murphy, District 5 This item requests approval to renew Bayshore Manor's General and Professional Liability insurance with Lantana Insurance, LTD. The current policy expires on April 30, 2007. The availability of insurance for Assisted Living facilities is extremely limited. Only a few insurance companies are willing and able to provide the insurance needed for Bayshore Manor. The current policy has provided stable and quality insurance protection for the County since 2003. It is recommended by the Consultant that we not obtain competitive bid proposals because it is believed that it would not produce favorable results and could also adversely affect the relationship the County has established with the current carrier, Lantana. Based on the limited number of insurers with the resources and desire to provide the necessary coverages, it is believed that this is an attractive renewal proposal. It is therefore the recommendation that the Board approve the request to renew the General and Professional Liability Insurance with Lantana Insurance, LTD. If you have any questions on this item, please do not hesitate to contact me at X4458. G =. TRANSMITTAL LETTER March 15, 2007 Ms. Maria Slavik Monroe County BOCC 502 Whitehead Street 3'*d Floor Rear Key West, FL 33040 Re: Bayshore Manor Assisted Living Facility Policy Term: April 30, 2007 to April 30, 2008 Dear Maria: On behalf of Arthur J. Gallagher & Co. (Florida) and the Account Service Team, we are pleased to provide our proposal for the April 30, 2007 —April 30, 2008 policy term captioned above. This proposal includes the renewal terms negotiated by Arthur J. Gallagher & Co. (Florida) for the following coverage: • Bayshore Manor Assisted Living Facility o General Liability Coverage and o Wrongful Acts/Vicarious Liability for Abuse Coverage At this renewal, there are very few carriers willing to offer affordable coverage to small assisted living facilities due to the type of exposures and large minimum premium requirements. We were pleased that the expiring carrier, Lantana Insurance LTD, through Thompson Insurance Enterprises, Inc. (THOMCO) was able to offer a renewal with stable pricing and coverage terms as expiring. Coverage rates are as per expiring with a small increase in the premium for the claims made step. We will need your authorization to bind coverage, along with the noted requirements outlined in our coverage detail. Please refer to section 8 in the proposal for all signatures required along with the following: • Client Authorization to Bind • Disclosure Notice of Terrorism Insurance Coverage • Fraud Warnings C:ADocuments and Settings\slavik-maria\local Set t ingsVremporary Internet Fi1esA01,K5H'\Ren 1'rophlonroeAsstl.iN'ingBAYSHORF03 07 G TRANSMITTAL LETTER Ms. Maria Slavik March 16, 2007 Page two It is a pleasure to have Monroe County as a client and we look forward to renewing this coverage for the County. After you have had an opportunity to review the enclosed, please contact us with any questions that you may have, or if you would like further clarification of the coverage renewed. Sincerely, 7ori van der wort Kathy Hff Jori L. Van der Voort, ARM Kathy Hill, CIC Area Vice President Account Manager cc. Sid Webber, ARM, CPCU Interisk Corporation I I I I North Westshore Boulevard, Suite 208 Tampa, FL 33607 C:AD(winuents and SettingsWavik-maria\Llxal Settings\Temporary Internet Fi1es\01,k5t\Ren PropNionr(wAsstLi%riuK13A]'SHORIs03U7 G PREMIUM SUMMARY Coverages General Liability $ 1,730.00 Wrongful Acts and Vicarious Liability for Abuse $15,206.00 Fees: Membership Fee is Non -Refundable $ 400.00 Florida Hurricane Catastrophe Fund Assessment 1% $ 170.86 TOTAL $17,506.86 Option - Terrorism Insurance as defined by and per terms of Terrorism Risk Insurance Act (TRIEA) extension legislation act 2005. Expires 12/31/07 $ 150.00 Notes and Highlights: Premiums for the above policies are due and payable as billed, in full or as insurance company installments. Premiums may be financed, subject to acceptance by an approved finance company. Note: Following acceptance, completion (and signature) of a premium finance agreement with the specified down payment is required. 2. Quote is valid until 04/30/2007. Gallagher is responsible for the placement of the following lines of coverage: • General Liability and Wrongful Acts and Vicarious Liability for Abuse It is understood that any other type of exposure/coverage is either self -insured or placed by another brokerage firm other than Gallagher. If you need help in placing other lines of coverage or covering other types of exposures, please contact your Gallagher representative. BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: April 18, 2007 Division: Employee Services Bulk Item: Yes X No _ Department: Risk Management Staff Contact Person/Phone#:Maria L. Slavik X3178 AGENDA ITEM WORDING: Approval to pay $209,425 renewal premium to Citizens Property Insurance Corporation for Windstorm Insurance Policy. ITEM BACKGROUND: This policy insurers the County's building and contents for damages caused by wind. PREVIOUS REVELANT BOCC ACTION: This policy was approved by the board on 4/16/03. CONTRACT/AGREEMENT CHANGES: Decrease in premium of $4,15 L/ STAFF RECOMMENDATIONS: Approval to renew the policy as submitted by Citizens Property Insurance Corporation for the period of 5/29/07—5/29/08. TOTAL COST: $209,425 BUDGETED: Yes X No COST TO COUNTY: $209,425 SOURCE OF FUNDS: Ad Valorum REVENUE PRODUCING: Yes ,�yNo X AMOUNT R MONTH Year APPROVED BY: County Atty tl OMB/Purchasin isk Management DOCUMENTATION: Included X To Follow Not Required DISPOSITION: AGENDA ITEM # Revised 2/27/01 C UNTY fo�MONROE KEY WESTLORIDA 33040 (305)294-4641 Office of the Employee Services Division Director The Historic Gato Cigar Factory 1100 Simonton Street, Suite 268 Key West, FL 33040 (305) 292-4458 — Phone (305) 292-4564 - Fax TO: Board of County Commissioners FROM: Teresa E. Aguiar, Employee Services Director DATE: April 2, 2007 SUBJ: Approval to renew Windstorm Policy BOARD OF COUNTY COMMISSIONER Mayor Mario Di Gennaro, District 4 Mayor Pro Tern Dixie M. Spehar, District 1 George Neugent, District 2 Charles "Sonny" McCoy, District 3 Sylvia J. Murphy, District 5 This item requests approval to pay $209,425 renewal premium (which is rease o� f $4,151.00 om last year) to Citizens Property Insurance Corporation for windstorm policy. The policy offers various deductibles by location and insures the County's building and contents scheduled on the policy for damages resulting from wind. It is the recommendation to approve the renewal of the policy with Citizens Property Insurance Corporation for the period of 5/29/07 — 5/29/08. CITIZENS PROPERTY INSURANCE CORPORATION 6VIND ONLY POLICY 6676 Corporate Center Parkway, Jacksonville, Florida 32216-09" DATE: 3/09/2007 f-0— �ZE�S Citizens Policy Number: 303147 INSD:URE l.,•..,.11, .•,....�, AGENT: (305) 289-0213 MONROE COUNTY, FLORIDA HARRIS JOHNSON CORP 1100 SIMONTON ST �ft „-, THE JOHNSONS INS AGENCY KEY WEST, FL 33040 r�-`'i P_O. BOX 2346 MARATHON SHORES, FL 33052 CITIZENS RENEWAL PR*NII(JM DUI;: - 5/29/2007 2 Your DAuctibleis: 54,087 $750,000 $6,607 TWO STORY MASONRY OFFICE BUILDING LOC: 1200 TRUMAN AVE AND WHITE STREET KEY WEST 3 Youl Deduclibleis: 10, 020 $334, 000 $1, 631 CONTENTS OF ABOVE 4 Your Deduclible is: 12,480 $416 , 0 0 0 $2 , 031 TWO STORY MASONRY CAFETERIA Citizens offers the o)[ion for you to pay Your DEDUCTIBLES MAY HAVE INCREASED 80r/ of your renewal premium by the I[ue from your previous policy. You may ** PAY THIS AMOUNT *� date shovn.'I'he remaining 20%. will be select other deductible amounts as (for deductible option shown) due within 30days. shown in this notice. $209, 425 5/29/07-08 Premium - 177,856 Reins/Cat I inancing 26,678 2005 FHCF Emer Assmnt 1, 779 Tax -Exempt Surcharge - 3, 112 Subject to Form No (s): CIT CP2 CIT-W06 `-LO rvLll-1 LhY1Kts5 AT 12:U1 A.M. EST ON b/2y/2UU7. PREMIUM MUST BE RECEIVED IN CITIZENS OFFICE BY THE DUE DATE TO CONTINUE COVERAGE WITHOUT INTERRUPTION. WE WILL. NOT SEND ANOTHER NOTICE BEFORE THIS POLICY EXPIRES. ---------------------------------- - - - - - - RETURN 'CHIS PORTION WITH PAYMENT We use following information to coordinate claims adjuslmenis Please verily Flood Carrier and Flood Policy Number FIDELITY NAT. PROP. k CAS - 7700286456 Please print Homewtners/Fire Carrier and Policy Number Full Premium Due: $209, 425 5/29/07-08 Minimum Amount Due: $167, 540 Mail Check Payable To: CITIZENS or CITIZENS PROPERTY INSURANCE CORPORATION PO Box 17869,.jacksonville, Fl, 32245-7869 PAYOR: Citizens Policy Number: 303147 MONROE COUNTY, FLORIDA 1100 SIMONTON ST KEY WEST, FL 33040 030314703090705290702094250000000 Page I 00048 35,419,000 014349 CITIZENS PROPERTY INSURANCE CORPORATION WIN.p ONLY POLICY 6676Corporate Cewer Parkway, Jacksonville, Florida 32216-09" DATE: 3/09/2007 "�� INSURED: C�T�ZENS Citizens 1'nlie Nit m bcr . 303147 AGENT: (31 05) 283-0213 MONROE COUNTY, FLORIDP AR 3 0 HARRIS JCHNSON C'ORP 1100 SIMONTON ST THE JOHNSONS INS AGENCY KEY WEST, FL 33040 __ _-- P.O. BOX 2346 t MARATHON SHORES, FL 33052 f CITIZENS RENEWAL PRF-Ml-UM DUE: ' 5/29/2(H)l TTtilvt,. PROMRT1" AAIS $5 BUibDIFdt COIiTEtdTr_ = Ft 6E1ILht F,<-T"F. D$SCI IFfTOAT 5 Your Deductible is: 40, 011 $1, 000, 000 $2, 237 TWO STORY WIND RESISTIVE AIRPORT TERMINAL 3491 ROOSEVELT BLVD S, KEY WEST Your Deductible is: 6,870 $ 2 2.9 , 0 0 0 $1 , 3 01 6 Your Deductible is: 7,110 $ 2, 3 7, 0 0 0 $1 , 3 4 6 ONE STORY MASONRY COUNTY GARAGE STOCK ISLAND Your Deductible is: 24,480 $816, 000 $2, 582 7 Your Deductible is: 1,000 $ 3 2, 000 $ 6 8 ONE STORY MASONRY ADULT CONGREGATE LIVING FACILITY K/A BAY SHORE MANOR HOME FOR THE AGED 3583 S ROOSEVELT BLVD, KEY WEST Your Deductible is: 7,770 $259, 000 $1,471 8 Your Deductible is: 2,160 $72,000 $409 ONE STORY MASONRY SHERIFF'S SUBSTATION/EMS 5200 COLLEGE RD, STOCK ISLAND Your Deductible is: 6,870 $ 2 2 9, 0 0 0 $1 , 3 01 9 Your Deductible is: 1,000 514,000 $ 8 0 ONE STORY MASONRY FIRE STATION 20950 OVERSEAS HWY, CUDJOE KEY 10 Your Deductible is: 5,940 $198, 000 $1, 125 ONE STORY 27% FRAME AND 73% MASONRY AARP BUILDING 390 KEY DEER BLVD, BIG PINE KEY Your Deductible is: 20, 130 $ 6 71 , 0 0 0 $ 3 , 812 11 Your Deductible is: 8,970 $299, 000 $1, 699 ONE STORY MASONRY SHERIFF'S SUBSTATION AND OFFICE 380 KEY DEER BLVD, BIG PINE KEY 11111111111111111111111111111111111 Page 2 00048 CITIZENS PROPERTY INSURANCE CORPORATION I WIND ONLY POLICY 6676 Corporale Ceui�r Parktt•al+, Jacksom-iAe, Florida 32216-0973 DATE: 3/09/2007 � �������� CitizensPoficyNumber 303147 Ii INSKED: A(:EN*f: .305) 289-0213 MC ROE COUNTY, FLORIDi'� '!AR 33 0 Z+,`)7 HARRIS JOHNSON CORP 1100 SIMONTON ST THE JOHNSONS INS AGENCY KEY WEST, FL 33040 P.O. BOX 2346 MARATHON SHORES, FL 33052 CITIZENS RENEWAL PREIVIIUM DUE: 5/29/2007 ITEM PpoptpTY ADUprs.5 BUILDING tF1MIUM FACTOR D>rSckz>=Tlarr YourDcducdil,lcis: 16,530 $551,000 $1,325 12 Your Dcduciiblc is: 3, 480 $116 , 000 $ 2 7 9 ONE STORY WIND RESISTIVE SUB -COURTHOUSE 3117 OVERSEAS HWY, MARATHON 13 Your Dcduoiblcis: 21,420 $714, 000 $4, 056 ONE STORY MASONRY LIBRARY 3251 OVERSEAS HWY, MARATHON 14 Your Dcducubleis: 22, 272 $500, 000 $3, 388 CONTENTS OF ABOVE 15 Your Dcduaible is: 5, 340 $17 8 , 000 $1 , 011 ONE STORY MASONRY AARP BUILDING K/A MELVIN LOVITT SENIOR CITIZEN BUILDING 33RD ST, MARATHON Your Drduciiblois: 5, 220 $174, 000 $988 16 YourDcducliblcis: 4, 140 $138, 000 $784 ONE STORY MASONRY COUNTY OFFICE 10600 AVIATION BLVD, MARATHON Your Drducliblc is: 26, 310 $877, 000 $4, 982 17 Your Dcducllblcis: 3,690 $123,000 $639 ONE STORY MASONRY TEMPORARY JAIL 3981 OCEAN TERR, MARATHON Your Dcducoblc is: 29,100 $970, 000 $2 , 332 18 Your Dcduciiblri.s: 1, 000 $30, 000 $72 ONE STORY WIND RESISTIVE GOVERNMENT CENTER ANNEX 490 63RD ST, MARATHON 19 Your Drdumbleis: _ 9,660 $322, 000 $1, 829 ONE STORY MASONRY FIRE STATION OVERSEAS HWY, CONCH KEY 11111111111111111IIIIIIIIIIIIIIIIII00048 Ci 1t YP�?OPERTY INSURANCE CORPORATION WIN ONLY POLICY 6676 C4rpora�,CehM-Parkk-ay, Jacksonville, Florida 32216-0973 DATE: 3/09/2007 � f �� CITIZENS v 303147 Citizens Polic Number: INSURED: MAR ,. A(;ENT: (365) 289-0213 MONROE COUNTY, FLORIDA! HARRIS JOHNSON CORP 1100 SIMONTON ST fa--- _. THE JOHNSONS INS AGENCY KEY WEST, FL 33040 P.O. BCX 2346 MARATHON SHORES, FL 33052 CITIZENS RENEWAL PREMIUM DUE: 5/29/2(N)7 ITEM _ PROMRTY AUI PS,$``S BI3ILD100 cONTEHT5 PPEMILIM VICT'Ck DVSCRI PTiax 20 Your Deductible is: 19, 200 $640 t OOO $3. 636 ONE STORY MASONRY LIBRARY 10 S CONCH AVE, CONCH KEY 21 Your Deductible is: 20,688 $550,000 $3,345 CONTENTS OF ABOVE 2331 OVERSEAS HWY, ISLAMORADA Your Deductible is: 16,350 $545,000 $3,096 22 Your Deductible is 7,350 $245,000 $1,392 ONE STORY MASONRY SHERIFF'S SUB STATION 88770 OVERSEAS HWY, PLANTATION KEY Your Deductible is: 6, 900 $230, 000 $1, 307 23 Your Deductible is: 1,000 $23,000 $131 ONE STORY MASONRY COUNTY OFFICE AND SOCIAL SERVICES 33070 OVERSEAS HWY, PLANTATION KEY 24 Your Deductible is: 5,220 $174,000 $988 ONE STORY MASONRY SENIOR CITIZEN CENTER 88820 OVERSEAS HWY, PLANTATION KEY Your Deductible is: 25, 350 $845, OOO $4, 800 25 Your Deductible is: 1, 350 $45, OOO $256 TWO STORY MASONRY COUNTY OFFICE K/A JERRY ELLIS BUILDING LOC: GOVERNMENT CENTER COMPLEX PLANTATION KEY Your Deductible is: 6, 9 0 0 $ 2 3 0 t 0 0 0 $1, 3 0 7 26 Your Deductible is: 1, 080 $36, 000 $20S ONE STORY MASONRY PUBLIC WORKS OFFICE 88800 US HWY ONE, PLANTATION KEY 27 Your Deductible is: 19, 740 $658, OOO $3, 778 TWO STORY MASONRY FIRE STATION 103 KEY HEIGHTS DR, PLANTATION KEY 11111111111111111111111111111111111 Page 4 00048 014349 CITIZENS PROPERTY INSURANCE CORPORATION WIND ONLY POLICY 6676 Corporate E +ulef k'atl;ua; ,ack ouvi!!e, Florida 32216-0973 DATE: 3/09/2C07 �f' �0 147 [NSURGU --- _ ��� DENS Citizens Policy�Number: AGENT: 3� . 2H9-O2 3 MONROE COUNTY, FLORIDA HARRIS JCHNSCN CORP 1100 SIMONTON ST 6JAT ,i n ^17 THE JOHNSONS INS AGENCY KEY WEST, FL 33040 P.O. BOX 2346 MARATHON SHORES, FL 33052 CITIZENS RENEWAL PREMIUM DUE: 5/29/2007 CIT-W04 10/05 00048 iiiiii lill Hill Hill lill lill 014349 CITIZENS PROPERTY INSURANCE CORPORATION WIND ONLY POLICY 6676 Corporate Center -Parkway,- Jacksonville, Florida 32216-09" INSURED: DATE: 3/09/2007CITIZEN 303147 INSUKF,p; � - � Citizens Pulic�� Number: »,.,....,.. AGEN�C: (365) 289-0213 MONROE COUNTY, FLORIDAHARRIS JOHNE;ON CORP 1100 SIMONTON ST Al THE JOHNS-3NS INS AGENCY KEY WEST, FL 33040 P.O. BOX 2346 MARATHON SHORES, FL 33052 CITIZENS RENEWAL PR4MIUM DUE:-;,', -5/29/2(H)7 ITE14 ADDRESS � � � BUIbD-TfJi� CON1Ettxs � PPMIUM FACTOP DE8CAIP`i" IO 36 Your Deductible is: 25, 470 $849, 000 $11 911? TWO STORY WIND RESISTIVE BIG COPPITT FIRE SAFETY FACILITY 28 EMERALD DR, BIG COPPITT KEY Your Deductible is: 98,454 $900, 000 $5, 110 37 Your Deductible is: 3, 000 $10 0, 000 $ 2 3 8 TWO STORY WIND RESISTIVE AIRPORT TERMINAL 9400 OVERSEAS HWY, MARATHON Your Deductible is: 22, 050 $735, 000 $1, 661 38 Your Deductible is: 4,680 $156, 000 $353 ONE STORY WIND RESISTIVE JAIL BLDG 53 HIGHPOINT RD, PLANTATION KEY 39 Your Deductible is: 57,777 $800, 000 $2, 907 THREE STORY WIND RESISTIVE JUSTICE BLDG 530 WHITEHEAD ST, KEY WEST 40 Your Deductible is 26,861 $200, 000 $3, 199 CONTENTS IN ABOVE 41 Your Deductible is: 6, 090 $203, 0P0 $1, OH4 CONTENTS OF SHERIFFS SUB STATION IN A TWO STORY MASONRY BLDG 6 COCO PLUM RD, MARATHON 42 Your Deductible is: 30, 000 $1 , 000, 000 $ 2, 3 7 H CONTENTS IN A TWO STORY WIND RESISTIVE BLDG OCCUPIED AS A JAIL AND OFFICE 5501 COLLEGE RD, STOCK ISLAND 43 Your Deductible is: 83,405 $500, 000 $3, 906 THREE STORY WIND RESISTIVE SHERIFFS ADMINSTRATION BLDG 5525 COLLEGE RD, STOCK ISLAND 11111111111111111111111111111111111 Page 6 00048 _CITIZENS PROPERTY INSURANCE CORPORATION WIND ONLY POLICY 6676 Corporate Center Parkway. Jacksonville, Florida 32216-09" DATE: 3/09/2007 ������ Citizens Pulicy Number: 303147 INSURED: AGEN"f: (305) 289-0213 MONROE COUNTY, FLORIDA HARRIS JOHNSON CORP 1100 SIMONTON ST THE JOHNSONS INS AGENCY KEY WEST, FL 33040�. P.O. BOX 2346 MARATHON SHORES, FL 33052 CITIZENS RENEWAL PREMIUM DUE: 5/29/2007 IT6td PRG F P2 YTiDRESS _ BiJI- b�Nt CONTENTS � I�LMTUM�ACpoIZ b��c�czP�toPl 44 Your Deductible is: 15, 000 CONTENTS OF THE ABOVE 45 Your Dcductihleis: 34,904 $500,000 TWO STORY MASONRY COURT HOUSE ANNEX 500 WHITEHEAD ST, KEY WEST 46 Your Deductible is: 28, 500 CONTENTS IN ABOVE 47 Your Dcductibleis- 98,179 $800,000 FOUR STORY WIND RESISTIVE JAIL AND COURTHOUSE ANNEX 510 WHITEHEAD ST, KEY WEST 48 Your Deductible is: 11,250 CONTENTS IN ABOVE 49 Your Deductible is: 22,848 ONE STORY MASONRY LIBRARY 700 FLEMING ST, KEY WEST 50 Yow Deductible' is: 57, 000 CONTENTS IN ABOVE 51 Your Deductible is: 49,314 TWO STORY WIND RESISTIVE COUNTY OFFICE K/A MARATHON GOVERNMENT CENTER 2790 OVERSEAS HWY, MARATHON 52 Your Deductible is: 13, 200 CONTENTS IN ABOVE $400,000 $800,000 $500,000 $2,811 $4,405 $500,000 $3,670 $4,547 $200,000 $1,421 $2,936 $600,000 $6,652 $200,000 $2,910 $755 11111111111111111111111111111111111 I' g-c 7 00048 014349 CITIZENS PROPERTY INSURANCE CORPORATION WIND ONLY POLICY 6676 Corporate Center Parkwa , Jacksonville. Florida 32216-0973 DATE: 3/09/2007 INSURED: CITIZENS Citizens Policy Number: 3 G314 7 i� ..r...., AGENC: (3«5) 289-()213 MONROE COUNTY, FLORXDA HARRIS JOHNSON CORP 1100 SIMONTON ST i THE JOHNSONS INS AGENCY KEY WEST, FL 33040f P.O. BCX 2346 d MARATHON SHORES, FL 33052 CITIZENS RENEWAL PREMIUM DUE: 5/29/21N17 ITEM KOPDRTY ADDRESS � � gUibD�ra€� c'oNT21-1xSPREiMiur. D�SC'RtP'L'IaN 53 Your Deductible is: 46, 637 $850, 000 $2, 793 TWO STORY WIND RESISTIVE GOVERNMENTAL CENTER HIGHPOINT RD, PLANTATION KEY 54 Your Deductible is: 5,880 $150, 000 $393 CONTENTS IN ABOVE 88820 OVERSEAS HWY, PLANTATION KEY 55 Your Deductible is: 26,160 $872,000 $2 096 ONE STORY WIND RESISTIVE FIRE/RESCUE STATION EAST DR, KEY LARGO Your Deductible is: 13,260 $442 , 000 $999 56 Your Deductible is: 1,000 $29, 000 $66 ONE STORY WIND RESISTIVE PUBLIC HEALTH DEPARTMENT BLDG 88820 OVERSEAS HWY, PLANTATION KEY 57 Your Deductible is: 71, 570 $1 , 0 0 0, 0 0 0 $ 8, 810 TWO STORY MASONRY MERCANTILE BLDG 1100 SIMONTON ST, KEY WEST 58 Your Deductible is: 38, 525 $1, 000, 000 $2, 027 ONE STORY WIND RESISTIVE BUS TERMINAL/AIRPORT TERMINAL BLDG 3531-3535 S ROOSEVELT BLVD, KEY WEST 59 Your Deductible is: 30, 000 $1 , 0 0 0, 0 0 0 $ 2, 014 ONE STORY WIND RESISTIVE BUILDING OCCUPIED AS SHERIFF SUB- STATION, PUBLIC HELTH UNIT/OFFICE K/A MARINERS HOSPITAL 50 HIGHPOINT RD, ISLAMORADA 60 Your Deductible is: 1, 530 $51, 000 $229 ONE STORY MASONRY STORAGE BUILDING 61 Your Deductible is: 1,290 $43 , 000 5192 ONE STORY MASONRY STORAGE BUILDING iiiiuiiiiiiuuiiiuiiiuiui11u Page 8 00048 01434P CITIZENS PROPERTY INSURANCE CORPORATION WIND ONLY POLICY 6676 Center ParloiuY,; .hcks►►'t► ille, Florida 3221 h-097 J DATE: 3/09/2007 303147 INtiUR1;D: + "--'CITIZENS Citizens PolicyNumber: A(;ENT: (3�5) 289-0213 MONROE COUNTY, FLORIDA ;� HARRIS JOHNSON CORD 1100 SIMONTON ST �'"�`� THE JOHNSONS INS AGENCY KEY WEST, FL 33040 P.O. SOX 2346 MARATHON SHORES, FL 33052 CITIZENS RENEWAL PREINIUAIDUE: 5/29/2007 ITEM ;~ROPE) Ty AiIIPESS BUILDING C(,NTENT3 i�Pk (TUNE, pjt LEsciii PTIONi 62 Your l)-_'duclihh•is: 11080 $36, 000 $161 ONE STORY MASONRY STORAGE BUILDING 63 Your I)cducilhic is: 8,160 $ 2 7 2, 0 0 d $1,545 ONE STORY MASONRY FIRE STATION 6180 2ND ST, STOCK ISLAND 4 Yon❑ Dcduclihlc is: 8,610 $2 8 7, d 0 0 $1,467 AIR CRAFT HANGER 9400 OVERSEAS HWY, MARATHON 65 Yom Dcduciihlc is' 8,610 $ 2 8 7, 0 0 0 $1,467 AIR CRAFT HANGER 66 Yom Dcdudihlc is: 8,610 $287, 000 $1,467 AIR CRAFT HANGER 67 Yonu Dcduclihlc is. 8,610 $287, 000 $1,467 AIR CRAFT HANGER BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: April 18. 2007 Division: Employee Services Bulk Item: Yes X No _ Department: RiskMana ement Staff Contact Person: Maria L. SlavikX3178 AGENDA ITEM WORDING: Approval to accept proposal from Marsh USA for Property Insurance package through Lexington Insurance Company and Landmark American Insurance Company not to exceed a premium of $610,000.00. Marsh is continuing their efforts to obtain more favorably priced insurance. It is also being requested that authority be granted to Risk Management to accept an alternative proposal from Marsh if it is believed to provide equal or superior coverage for a lower premium. ITEM BACKGROUND: Provides replacement cost property insurance coverage for county buildings, contents, communication towers and contractors equipment with a current value of $172,357,795 . PREVIOUS REVELANT BOCC ACTION: Approval to bid this coverage on 11/19/03. CONTRACT/AGREEMENT CHANGES: Premium is $610,000 which is an increase of $50,678.26 or 9.06% from last year. As a result of damages caused by the 2004 and 2005 hurricanes, the State implemented a Catastrophe Fund Assessment of 1% ($6,108 of an additional charge) of the premiums paid on all policies issued in Florida which the county did not have to pay last year. STAFF RECOMMENDATIONS: Approval to renew the policy as submitted by Marsh Insurance Company for the period of 5/1/07—5/1/08. TOTAL COST: $616,108.00 COST TO COUNTY: $616.108.00 BUDGETED: Yes X No SOURCE OF FUNDS: Ad valorum REVENUE PRODUCING: Yes —No X AMOUNT ER MONTH Year APPROVED BY: County Atty W OMB/Purchas sk Management. DOCUMENTATION: Included X To Follow DISPOSITION: Revised 2/27/01 Not Required AGENDA ITEM # C UNTYSMONROE KEY WEST FLORIDA 33040 (305)294-4641 Office of the Employee Services Division Director The Historic Gato Cigar Factory 1100 Simonton Street, Suite 268 Key West, FL 33040 (305) 2924458 — Phone (305) 2924564 - Fax TO: Board of County Commissioners FROM: Teresa E. Aguiar, Employee Services Director DATE: April 2, 2007 SUBJ: Approval to renew Property Insurance Policies BOARD OF COUNTY COMMISSIONERS Mayor Mario Di Gennaro, District 4 Mayor Pro Tern Dixie M. Spehar, District 1 George Neugent, District 2 Charles "Sonny" McCoy, District 3 Sylvia 3. Murphy, District 5 This item requests approval to pay the $616,108 Property Insurance renewal fee (which is an increase of 9.06% from last year). The Lexington policy premium is $525,000 and the Landmark premium is $85,000. Lexington and Landmark Companies currently provide the County's Property Insurance. The renewal fee includes the 1 % Citizens surcharge ($6,100) and a policy fee of $8.00 ($4.00 for each policy). The policies cover the total value of the County's property which is estimated at $172,357,795.00. The coverage is for buildings, content, contractor's equipment, electronic data processing equipment and the communication towers. It is the recommendation to approve the renewal of the policies with Lexington and Landmark for the period of 5/l/07 — 5/l/08. I NTERISK CORPORATION Consultants Risk Management Employee Benefits April 3, 2007 Ms. Maria Slavik Risk Management Specialist Monroe County 502 Whitehead St. Key West, Florida 33040 Subject: Renewal of the County's Property Insurance Dear Maria: 1111 North Westshore Boulevard Suite 208 Tampa, FL 33607-4711 Phone (813) 287-1040 Facsimile (813) 287-1041 Marsh USA reports Lexington Insurance Company and Landmark American Insurance Company have both agreed to renew the County's Property Insurance for the period May 1, 2007 to May 1, 2008. Lexington and Landmark currently provide the County's Property Insurance subject to an overall limit of $160,549,950. Coverage extends to the County's buildings, personal property (contents), contractor's equipment, electronic data processing equipment and communication towers. The following deductibles apply to the current program. Item Deductible Buildings and Personal Property with Total Values of less than $250,000 $50,000 Buildings and Personal Property with Total Values of more than $250,000 $100,000 Named Windstorm and Hail $1 million per location per occurrence Contractors E ui ment $5,000 except $50,000 for Windstorm & Hail EDP Equipment & Media $5,000 exce t $50,000 for Windstorm & Hail Communication Towers $5,000 except $50,000 for Windstorm & Hail Flood $500,000 for real property and $500,000 for personal property Boiler and Machinery$5,000 The program has a sub -limit of $5 million for flood related losses. The combined premium for the current Lexington and Landmark policies is $559,322. The total value of the County's property is now estimated at $172,357,795 and this was used as a basis by Marsh during their renewal efforts. Marsh provided an indication of the Lexington renewal premium as $525,000 for terms and conditions comparable to those of the expiring policy. The deductible for flood related losses will be increased to $1 million. Since the National Flood Insurance Program (NFIP) only offers maximum limits of $500,000 per building, the County will have to self -fund flood losses between $500,000 and $1 million. The Landmark Insurance Company indicated renewal premium is $85,000 for terms and conditions comparable to those of the expiring Landmark policy. In addition, the State of Florida charges a one percent (1%) surcharge on all Property Insurance policies to help fund the losses experienced by Citizens Property and Casualty Insurance Company. Citizens was established by the State of Florida to provide Wind insurance for organizations unable to obtain affordable wind insurance. A surcharge of $6,100 would apply to the indicated premium. In addition, the State requires all Property insurers to add a policy fee of $4.00 to help fund the Department of Insurance. Based on Marsh's proposed indication, the County's Property program will be as follows: Insurance Comp2nj Limits Premium ..Lexington Insurance Company $5 million $525,000 Landmark American Insurance Company $167,357,795 $85,000 Citizens Surcharge N/A $6,100 Policy Fee N/A $8ix) Total $172,357,795 $616,108 Marsh is continuing to pursue the marketplace for a more competitive proposal. If a more competitive proposal is received from other companies, Marsh will submit those proposals for consideration by the County as well. Interisk will continue to monitor the renewal process with Marsh to ensure the County receives the most competitive and appropriate coverage. As always, please do not hesitate to call if you have any questions. Cordially, INTERISK CORPORATION /�*� 4— Lawton Swan III CPCU, CLU, ARM, CSP, CMC BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: April 18, 2007 Division: Housing and Community Development Bulk Item: Yes X No Department: Housing & Community Development Staff Contact/Phone #: James R. Paros-289-6002 AGENDA ITEM WORDING: Approval of Commencement Date Agreement as part of lease between Monroe County and Park Village, LLC. ITEM BACKGROUND: See attached Additional Information Memo PREVIOUS RELEVANT BOCC ACTION: On July 19, 2006, Board approved an Agreement for Sale and Purchase of property on Stock Island for the purpose of providing for affordable/employee housing on land to be purchased by the County and a 99 year lease of the property to Park Village, LLC for the purpose of constructing 40 affordable/employee housing units. On July 19, 2006, Board approved Resolution No 273-2006 approving the reservation and set aside of affordable ROGO allocations for one year from the date of resolution for specific affordable housing projects, which included the Park Village project. CONTRACT/AGREEMENT CHANGES: Establishes the commencement date of the 99 year lease term as April 4, 2007. STAFF RECOMMENDATIONS: Approval TOTAL COST: N/A COST TO COUNTY: N/A BUDGETED: Yes No SOURCE OF FUNDS: REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year APPROVED BY: County Atty YES OMB/Purchasing N/A Risk Management N/A DOCUMENTATION: DISPOSITION: Revised 11/06 Included X Not Required AGENDA ITEM # HOUSING AND COMMUNITY DEVELOPMENT FLORIDA KEYS MARATHON AIRPORT James R. "Reggie"Paros, Director/Manager 9400 Overseas Highway, Suite 200 Marathon, FI. 33060 Telephone: (306) 289-6002/289-6060 Facsimile: (306) 289-6071 ADDITIONAL INFORMATION MEMO TO: Monroe County Board of County Commissioners FROM: James R. "Reggie" Paros, Director Housing and Community Development Florida Keys Marathon Airport Manager SUBJECT: Approval of Commencement Date Agreement for Park Village, LLC DATE: April 10, 2007 Monroe County and Park Village, LLC entered into a 99-year lease dated July 19, 2006 for the Park Village affordable housing development. The 99-year lease requires that the Commencement Date Agreement be entered upon issuance of first Certificate of Occupancy. This Agreement establishes the commencement date of the 99-year lease term. COMMENCEMENT DATE AGREEMENT 'This Agreement is made as of 2007 by and between ?MCA OE COUNTY, a political subdivision of the State of Florida ("Lessor'') and Park Village, LLC ("Initial Lessee'). WHEREAS, Landlord and Initial Lessee have entered into a Lease dated July 19, 2006 and recorded on October 4, 2006 at Official Records Book 2242 at Page 754, for the premises designated on Exhibit A attached to the Lease; WHEREAS, the Commencement Date, as defined in Article III of the Lease, has occurred, and pursuant to the Lease, Landlord and Initial Lessee desire to confirm various dates relating to the Lease. NOW THEREFORE, Landlord and Initial Lessee agree and acknowledge that the information set forth below is true and accurate. Commencement Date: -April 4, 2007 Initial Term Expiration Date: - April 3, 2 - 1 06 m9mmm-IM1091=1 ATTEST: (Seal) IAA L. KOLHAGE, Clerk of the Court STATE OF FLORIDA COIUNTY OF MO CAE LESSOR: INITIAL LESSEE: PARK VILLAGE, LLC, A Florida LimiLiability Company Icy: Print Name/Title UJI On this day of 2007 before me personally appeared , as of Park Village, LLC, a Florida limited liability company, who is personally known to me, and who acknowledged execution of 1 0 the foregoing instrument. My Commission Expires: Nomy Public (Seal) Print Name BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: April 18, 2007 Division: Housing and Community Development Bulk Item: Yes X No Department: Housing & Community Development Staff Contact/Phone #: James R. Paros-289-6002 AGENDA ITEM WORDING: Approval for the Mayor to sign a Consent to filing the Park Village Home Owner's Association Declaration of Protective Covenants, Restrictions and Easements ITEM BACKGROUND: See attached Additional Information Memo PREVIOUS RELEVANT BOCC ACTION: On July 19, 2006, Board approved an Agreement for Sale and Purchase of property on Stock Island for the purpose of providing for affordable/employee housing on land to be purchased by the County and a 99 year lease of the property to Park Village, LLC for the purpose of constructing 40 affordable/employee housing units. On July 19, 2006, Board approved Resolution No 273-2006 approving the reservation and set aside of affordable ROGO allocations for one year from the date of resolution for specific affordable housing projects, which included the Park Village project. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval TOTAL COST: N/A BUDGETED: Yes No COST TO COUNTY: N/A SOURCE OF FUNDS: REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year APPROVED BY: County Atty YES OMB/Purchasing N/A Risk Management N/A DOCUMENTATION: DISPOSITION: Revised 11/06 Included X Not Required AGENDA ITEM # HOUSING AND COMMUNITY DEVELOPMENT FLORIDA KEYS MARATHON AIRPORT James R. "Reggie"Paros, Director/Manager 9400 Overseas Highway, Suite 200 Marathon, FI. 33060 Telephone: (306) 289-6002/289-6060 Facsimile: (306) 289-6071 ADDITIONAL INFORMATION MEMO TO: Monroe County Board of County Commissioners FROM: James R. "Reggie" Paros, Director Housing and Community Development Florida Keys Marathon Airport Manager SUBJECT: Agenda Item - Approval for Mayor to sign a Consent to filing the Park Village Home Owner's Association Declaration of Protective Covenants, Restrictions and Easements DATE: April 10, 2007 Monroe County and Park Village, LLC entered into a 99-year lease dated July 19, 2006 for the Park Village affordable housing development. The attached Declaration of Protective Covenants, Restrictions and Easements of Park Village is a controlling document of the homeowner's association and required by the 99-year lease. We are requesting approval for the Mayor to sign a consent to the filing of the Declaration of Protective Covenants, Restrictions and Easements of Park Village. JRP/sd DECLARATION OF PROTECTIVE COVENANTS RESTRICTIONS AND EASEMENTS:OF PARK VILLAGE -Chis mstmn'&M aXai mi�'�'wzd by amil rolurll W, John AWktmIII_ F--,q 'flie Alfigon Firm, 11A ti901 Ovm eas Wgfivl ly mikrathfm' 1-lorkd�) �a100 TABLE OF CONTENTS DECLAR.40'10N OF PROTECTIVE COVEINA,NTS, RESTRICTIONS AND EASEMFNTSOF PARK VILLAGE fivq pmarnbie NO -ME OF RESTRIC11ONS AR11('I,,F I (ES"FABLISHIMENT OF PARK VILLACI.i.) 2 LI EstablishmenlL .,2 FncumberW Prop(�rty, 1.3 Development Plan, 2 ARTICLE'- (DEMITIONS) 3 AR-nCLE3 (VROPERI-Y RICTUS) 5 J. I Owner's Easement of Enjoymem, 6 3.2 Delegation of Use; Use by Othem 7 33 Parking Restrictions, 7 .3.4 Walkway!;. 7 15 No Waiver oftjw... 1, 6 Conveyance of the Common Properties. 3.7 Declarant's Right tct Encumber. 9 3. Common, Properties for Benefit ol'Ownem 9 3,9 Taxation (if (,'ojnm('Yn Properties. 9 110 (7onstruction Activities. 9 3. 11 Declarant's Reserved Right& 9 3,12 Prohibibm of'Subdi vision of Parcebs, 9 3,13 Assignments! Conveyancing of Parcels and Dwellin&m 1 () 3. 14 Renting of Par"Is by Parcel Owners. to ARTICLE 4 (ASSO(INTION MEMBERSHIP AND VOTING RI(IMS) to 4.1 Automafit� Membership, 10 41 Limitation Upon Ltab.1 lity, of the Associalion, 10 4.3 Dec larant's Representation tin the Board and Voting g Right& 11 4.4 Declarant's Right toTran.ster Voting Rights, I I 4.5 Voting Right-s. 11 AR'FICLE .5 (DUTIES AND POWERS OF THE ASSOCIATION) 12 5.1 In (rtnml. 1.2 Additional Powers of A"ociation. 12 5.3 Association FxPenses, 14 5.4 1nth to 0)MMori ['ropero os ('m veyances i) the As%ociafion, 14 5.5 Rutes ; and Regulations. 14 5,6 Budget 14- 5: 14 5.8 cojlcctions. 15 5,9 Menibers'RighLs, 15 5.10 Exterior Maintenance bv the Association, Is 5.1 f Access at Reasunable Hours, 15 5,12 Flasement for Maintenance, 15 5. B Fine,,, 15 5,14 Flood Area; Surface Water Management System, 16 AR1CLE 6 (ASSESSMJ,,,NTS) 17 6J Purpose 17 6. 2 Assessments. 17 63 Annual A,,�wssxncnts; Budge'L 18 6A Special lndi�ridual Assessments, 18 6.5 SUbor&natlon ofTlens to Mortgages. 18 6,0 C I ertificates. 18 6,7 Liabilltyof'Dee larant, 18 6,8 initial Assessment for Nem, Members. 18 AKrjci,t� oi, NON.,PAYMEN'l" OF ASSESSMENTS-. REMET)JES Of"ASSC)(71ATION) 18 7.1 Application of':Vrocceds in Event of Defiwlt. 19 7,2 Liomi, Enforcement. 19 7.3 Liens; Personal Obllgafions. 20 7A Delinquencies, Enforcement. 2 () ARTICLE� 8 (ARC'll[TEC'-.R.jR,Al.YIAiNI)S(-,NPI-, CONTROL) 21 8.1 Members of Committee. 2 1 82 Review of f-'roposed 21 83 Mecting of the Comslnttxx�- 22 8.4 No Waiver of Future Approvals. 22 K5 Compensation of'Members, 22 K6 inspect ion of Work. 22 8.,7 Non -Liability of ("Oninittice Members, 23 8.8 Variance. 23 K9 Extenior Appearance and Design, 23 SAO Time Limitation - Cormneneement and Completion of Constnietion- 23 8.11 "hme Limitation - Destniction, 24 S.12 Improvements. 24 8,13 Maintenance ofIrnprovements. 24 8.14 Maintenance anti Repair, 24 AR'11CLE 9 WA RTICU LAR US 1"' RESTRIC11(°lNS, RU LES AND REG( ILXTRYNS) 25 9.1 Applicability. 25 9.2 Nuisances. 25 9_1 Signs, 25 9A Parking and Vchicular Rostrical(MIS, 25 9.5 Aninial.Restriction, 26 916 Garbage, Refusc and Sewage Disposal. 26 9.7 Temporary, Play and Atmiliary Struvtures.. 26 9.8 Alterations, 26 9.9 Outside Installation; Satellite Dishes and Exterior Antennas- 26 9.10 Insurance Rates, 26 9,11 Drilling, 26 9,12 A ffi)rJable flouting Limitations. 26 9,13 Maintunanct of Park Village, 27 9,14 Maintenance by the Owner, .27 9,15 Use of Land. 27 9,16 Exterior Colors, 28 M 9.17 Boats, Boat Trailers and Recreational Vehicles, 28 9.18 Laundry, is 9.20 Fences. 28 AR"VICLU 10 (CABLE"ANT) -f-EL 1,,',V I SX)N SYS'14.;,M) 28 11M Installation. 28 102 Systern. Services. 28 AWFICLE 11 MEVE'1,0111iR R16111"S, RE SCIVA-FIONS AND LxLM.P'F10NS) 28 1.1-1 Declarant's Rights. 28 11-2, Veto pakver� 30 113 Riglit to Alter (",,ominon Properties, 31 11A DeclaranVs Additional Reserved Rights. 31 A-R14CLE 12 (II)ll('L,APANI"'S.F-,,N.I-,MPTIONS) 31 AKFICLE 13 (DAMAGE OR 17E'S"FRUCHON'[0 COMMON PROPER." ['JF,-S) 32 AWHCLE 14 (INSURANCE AND RFCOWMUCUON) 32 14.1 Owners Casualty Insu . . rance, 32 14 .21 Owner's babilltv Insurance. 32 143 Requirements Concerning Owneeg Insurance, 33 14A Reconstruction of'Dwelling, 33 14.5 Association's Casualty Insurance. 3-1 14,6 Associations Liabilily Insumance. 33 14. 7 AssociahunWorkers' ('t)mpensation.Insurazice. .33 148 Other]-ypes of Insurance. 33 14.9 Insurer's Waiver, 3.3 14A0 Purchase of Assoc tation's Insurance, 34 14.11 Nanied Insured, 34 14.12 Damage to Common PropertICS, 34 14-13 Mongagoeq, 34 14.14 Ass(wiation as AgQnt, 34 14.14, Detet'Mination to Reconstruct or Repair. :34 14,16 P13ris and Speci flea tions. 34 14.1-1 Responsibility.to Insure Improvements. 34 AR11CLE 15 (MOKMAGEE PR()`l-f,,-,CI'ION CLAUSE 34 ARTICLE 1.6 (I'INCROACHMEM"S AND EASLMEMI`S) 36 16. 1 Eascn-nents in General. 36 16.2 f"a-semen ts for Public and Private Util ity Facilities,, Drainage and Arcess. 30 16.3 Usernents for Maintenance. 37 16A Easement (br pedestrians. 37 16,5 I Xscmenls for Pe bhC 3ild PTIVUte Util ity U%eS. 37 16.6 Repairand."aintenance. '16 1&7 Emergency Access. 38 16.8 pPascment for Construction and Sales. is 16,9 Common Walls and Roofs-EW�enicnts and 1-mcroachn-writs. 38 16,10 Easements for Electric Meters,'Felephone, Communication Cables and Connections. 38 ARUCLE, 17 (IGENERAL. PROVISIONS) 39 17A Constructive Notice and Acceptance. 39 17,2 DUration, 39 173 Amendments. 39 174 Covenants Running with the Land, 39 Ui 17.5 Enforcement; No Waiver. 17.6 Severability. 17.7 Gender and Plurals. 17.8 Notices. 17.9 Exhibits. 1V 40 40 40 40 40 This instrument prepared by: John R. Allison, 111 The Allison Firm, P.A. 6803 Overseas Highway Marathon, Florida 33050 DECLARATION OF PROTECTIVE COVENANTS, RESTRICTIONS AND EASEMENTS OF PARK VILLAGE THIS DECLARATION OF PROTECTIVE COVENANTS, RESTRICTIONS AND EASEMENTS OF PARK VILLAGE (this "Declaration") is made by PARK VILLAGE, LLC, a Florida limited liability company, hereinafter referred to as "Developer" or "Declarant." WITNESSETH: WHEREAS, Declarant is the holder of a 99-year leasehold interest in the real property (the "Property") pursuant to that certain Ground Lease Agreement (the "Ground Lease Agreement") between Declarant and Monroe County, which Ground Lease Agreement has been recorded in Official Records Book 2242 at Page 754, Public Records of Monroe County, Florida. The Property is located in Monroe County, Florida and is more particularly described in Exhibit A, annexed hereto; and WHEREAS, the Ground Lease Agreement provides for the following required notice: NOTICE OF RESTRICTIONS ANY INSTRUMENT OF CONVEYANCE, LEASE, ASSIGNMENT, GRANT OR OTHER DISPOSITION OF ANY INTEREST IN OR TO ANY PORTION OF THE DEMISED PREMISES OR TO ANY IMPROVEMENTS ERRECTED THEREON WILL BE SUBJECT TO CERTAIN RESTRICTIONS INCLUDING BUT NOT LIMITED TO RIGHTS OF FIRST REFUSAL, USE, OCCUPANCY, INCOME, MEANS, RESALE, PRICE, RENTAL AND MORTGAGE LIMITATIONS, INCLUDING BUT NOT LIMITED TO THOSE SET FORTH IN OFFICIAL RECORDS BOOK 2242, PAGE 754 OF THE PUBLIC RECORDS OF MONROE COUNTY, FLORIDA; and WHEREAS, in order to develop the Property into a residential community known as "Park Village" (hereinafter, "Park Village") and preserve and enhance the values and amenities of Park Village and the architectural integrity and standard of Park Village, it is necessary to declare and subject the Property to certain land use covenants, easements, restrictions, reservations, regulations, burdens and liens and to delegate certain powers, controls, easements and other rights to the home owners' association to be formed for such purposes; and WHEREAS, Declarant has caused the Association, the Members of which shall be the respective Sublessees of Parcels (each of which is an Owner of the Dwelling located within the Parcel) in Park Village and the Declarant, to be formed for the purpose of exercising the functions aforesaid; and WHEREAS, Declarant intends to develop and/or operate all of Park Village pursuant to a general plan and subject to certain covenants and restrictions, including without limitation, restrictions for affordable housing, all running with title to the Property as hereinafter set forth. NOW, THEREFORE, in consideration of the premises and mutual covenants contained herein, Declarant hereby declares that Park Village shall be held, used, transferred, subleased, demised and occupied subject to the covenants, easements, restrictions, reservations, regulations, burdens and liens hereinafter set forth and that the provisions of this Declaration shall be covenants running with the lands which comprise Park Village, i.e., the Property, and shall be binding on all parties having any right, title or interest in Park Village or in any portion thereof, their heirs, personal representatives, successors and assigns and shall inure to each portion of Park Village. The easements, restrictions, covenants, conditions, reservations, liens, charges and equitable servitudes set forth herein shall (i) run with the title to Park Village or any portion thereof (including the respective appurtenances thereto) and the Common Properties and shall be binding upon and inure to the benefit of all persons having any right, title or interest therein, or any part thereof, their heirs, executors, administrators, personal representatives, successors and assigns; (ii) shall, without limiting the generality of the foregoing subparagraph, inure to the benefit of and be binding upon Declarant, its successors -in -interest, and each Owner, and his (her or their, as the case may be) respective successors -in -interest and his (her or their, as the case may be) agents, servants, employees, contractors, tenants, invitees, licensees and guests; and (iii) may be enforced by any Owner, and such Owner's successors -in -interest, including a mortgagee who has acquired the interest of any Owner by foreclosure or by deed in lieu of foreclosure, by the Association, and by the Declarant so long as it owns any portion of the Property (including, but not limited to, any Lot, Parcel or other portion of the Property). ARTICLE 1 ESTABLISHMENT OF PARK VILLAGE 1.1 Establishment. Park Village is hereby established by Declarant, and the Property is hereby governed, restricted and in all respects encumbered by this Declaration and all amendments hereafter made in accordance with the provisions herein. 1.2 Encumbered Property. The real property, which is hereby encumbered by the Ground Lease Agreement and this Declaration, is located in Monroe County, Florida and more particularly described in Exhibit A annexed hereto shall be held, transferred, subleased and occupied subject to the Ground Lease Agreement and this Declaration. 1.3 Development Plan. The property described in Exhibit A herein is being developed as an affordable housing development to be known as "Park Village." Park Village consists of forty (40) lots (each a "Lot" or "Parcel"). Each Parcel will be improved with a home (each, a "Dwelling"). Each Parcel, including the Dwelling constructed thereon, will be subleased by an Owner, as hereinafter defined. Reference herein to properties within Park Village shall not create any right, title or interest therein or constitute constructive notice thereof of any right, title or interest by any person or persons claiming by, through, under or against Declarant unless and until said property, or any portion thereof, has been subleased by the Declarant to an Owner. Notwithstanding that an Owner may have acquired a possessory interest through a sublease agreement in a Parcel as then depicted in a site plan proposed by Declarant, any reliance given to such site plan by an Owner shall not prohibit Declarant from modifying the site plan for Park Village. Specifically, Declarant reserves all rights and powers provided in this Declaration, including, without limitation, the rightto amend the site plan and those additional rights, reservations and exemptions more particularly enumerated in Articles 11 and 12 hereof. ARTICLE 2 DEFINITIONS 2.1 Interpretation and Flexibility. The defined terms set forth below shall apply to all capitalized terms used in this Declaration unless the context shall require a contrary interpretation. In the event of any ambiguity or question as to whether any person, entity, property or improvement shall fall within any of the definitions contained in this Article, Declarant's determination (as evidenced by a recorded amendment to this Declaration) shall be binding and conclusive. 2.2 "Affiliate" shall mean, when used to modify the term "Declarant", any person or entity that directly, or indirectly through one or more intermediaries, controls or is controlled by, or is under common control with, the Declarant. The term "control" as used in this definition means the possession, direct or indirect, of the power to direct or cause the direction of the management and policies of person, corporation, partnership or other association, whether through the ownership of voting securities, by contract or otherwise. 2.3 "Affordable Restrictions" shall mean those restrictions encumbering the Parcels as more particularly described in the Monroe County Code and the Ground Lease Agreement, as amended from time to time. 2.4 "Articles" means the Articles of Incorporation of the Association which have been filed in the office of the Secretary of State, State of Florida for Park Village Homeowners' Association, Inc., a Florida not - for -profit corporation, as the same may be amended from time to time. 2.5 "Assessment" means a share of the funds required for payment of Common Expenses, which from time to time is charged to the Parcel Owner. 2.6 "Assigns" means any person to whom some or all of an Owner which have been validly transferred by sale, lease, mortgage or otherwise. 2.7 "Association" means the Park Village Homeowners' Association, Inc., a Florida not -far -profit corporation. 2.8 "Board of Administration" or "Board" means the board of directors responsible for administration of the Association. Village. 2.9 "Building(s) " means the duplex building(s) for the residential dwellings situated within Park 2.10 "By -Laws" means the by-laws of the Association, as they exist from time to time. 2.11 "Committee" means the Architectural Control Committee. 2.12 "Common Expenses" means all expenses and assessments properly incurred by the Association for Park Village, including, without limitation: A. expenses of operation, maintenance, repair or replacement of Common Properties or Limited Common Properties; B. costs of carrying out the powers and duties of the Association; and C. any other expenses designated as Common by this Declaration or the By -Laws. 2.13 "Common Properties" means those portions of Park Village excluding all Parcels but including easements, sidewalks and walkways, paths, green belts, fences, driveways and Association -owned personal property used in connection with Park Village. 2.14 "Common Receipts" means the following items collected by the Association on behalf of the Members: A. funds collected from Owners for payment of Common Expenses or otherwise; and B. receipts designated as common by law, this Declaration or the By -Laws. 2.15 "Common Surplus" means the excess of all Common Receipts over Common Expenses. 2.16 "Coun "means Monroe County, Florida and its duly authorized agencies and authorities, as applicable. 2.17 "Declarant" or "Developer" means: (a) Park Village, LLC, a Florida limited liability company, its successors and those to which Declarant's rights hereunder shall be assigned specifically; and (b) for purposes of taking actions on Declaranfs behalf under this Declaration, Declaranfs duly appointed agent(s). Declarant shall have the right to assign all or a portion of its rights hereunder in connection with all or a portion of Park Village. In the event of any partial assignment, the assignee shall not be deemed "a Declarant," but shall have all such rights as specifically assigned to it. As used with regard to Declarant, "successors and/or assigns" specifically does not include transferees of individual Parcels. 2.18 "Declaration" means this Declaration of Covenants, Restrictions and Easements of Park Village, including all Exhibits annexed hereto, as well as all amendments to this Declaration, ifand when filed of record. 2.19 "Dwelline" means one or more ofthe forty (40) residential dwelling within Park Village, each of which is located within a Parcel that is intended to be subleased to an Owner together with a residential dwelling that shall be part of the Parcel subleased to the Owner. 2.20 "Ground Lease Ageement" means that certain 99-year lease agreement for the Property between Monroe County and Declarant recorded in Official Records Book 2242 at Page 754, Public Records of Monroe County, Florida. 2.21 "Improvement" means any structure or artificially and intentionally created condition, together with all appurtenances thereto, of every type and kind located within Park Village, including, without limitation, buildings, walkways, sprinkler pipes, roads, sidewalks, alleys, street lights, driveways, parking areas, fences, screening walls, retaining walls, stairs, decks, landscaping, windbreaks, planted trees and shrubs, conduits for telephone lines, storm drainage, cable television lines and site lighting poles, signs and shared equipment and/or utility -type services such as water, sewer and electrical systems, and other commonly shared equipment and/or utility -type services, if any. 2.22 "Institutional Lender" means any bank, insurance company, FHA- approved mortgage lending institution, recognized pension fund investing in mortgages or federal or state savings and loan association which has a mortgage lien upon any Parcel or which has acquired and holds title to such Parcel either as a result of its foreclosure of any such mortgage lien or by its receipt of a deed in lieu of foreclosure. 2.23 "Limited Common Properties" means those Common Properties, which are reserved for the use of a certain Parcel or Parcels to the exclusion of all other Parcels, i.e., the Crickets joining the roofs of adjoining Dwellings as provided in Section 16.9 and as depicted in Exhibit B-3. 2.24 "Lot" or "Parcel" means the parcel of land as shown in the Lot Layout Plan, Exhibit B-1 attached hereto, which will be subleased by the Parcel Owner, and any and all improvements thereon. 2.25 "Member" means member of the Association. 2.26 "Monroe County Code" means the general ordinances adopted by Monroe County from time to time. 2.27 "Owner" means the record sublessee of the Parcel, whether one or more persons or entities hold the leasehold interest to any Parcel and the Dwelling. 2.28 ?rope " means the real property described in Exhibit A, as the same may be amended from time to time by Declarant by acquiring (either in fee simple or leasehold interest) other portions of real property or by deleting portions of real property from the property encumbered by this Declaration. 2.29 "Surface Water Management System" means a system which is designed and constructed or implemented to control discharges which are necessitated by rainfall events, incorporating methods to collect, convey, store, absorb, inhibit, treat, use or reuse, alter to prevent or reduce flooding, over drainage, environmental degradation, and water pollution or otherwise affect the quantity or quality of water discharges. 2.30 "Voting interests" means the right to vote the respective votes assigned to Units. ARTICLE 3 PROPERTY RIGHTS 3.1 Owner's Easement of Enjoyment. Subject to the terms and conditions of the Ground Lease Agreement, every Owner shall have a non-exclusive, common right and easement of ingress and egress and of enjoyment in, to and over, and use of the Common Properties which easement right shall be appurtenant to and shall pass with but shall not be separated from title to every Unit within Park Village, subject to the following conditions: A. The right of the Association to reasonably limit the number of guests, invitees or licensees using the Common Properties, except as provided by law or herein to the contrary. B. Uniform rules and regulations established by the Association from time to time pertaining to the use of the Common Properties, Units and the Parcels including, but not limited to, all parking restrictions established by the Association from time to time within the Common Properties. C. The right of the Association, in accordance with its Articles of Incorporation, Bylaws and this Declaration, with the vote or written assent of two-thirds (2/3rds) of the votes of Members in the Association, to borrow money for the purpose of improving the Common Properties and facilities and in connection therewith, and to mortgage, pledge or hypothecate any or all of its real or personal property as security for money borrowed or debts incurred, provided that the rights of such mortgagee shall be subordinate to the use rights of the Owners hereunder. D. The right of the Association to suspend the right to use the Common Properties (except means of ingress and egress) of an Owner for any period during which any Assessment against such Owner's Unit remains unpaid and delinquent and for a period not to exceed thirty (30) days for any single infraction of this Declaration or the rules and regulations of the Association, provided that any suspension of such voting rights or right to use the Common Properties shall be made only by the Board as provided in the Bylaws of the Association. E. The right of the Association to dedicate, release, alienate, transfer or encumber all or any part of the Common Properties to or in favor of any public agency, authority or utility at any time and from time to time for such purposes and subject to such conditions as may be agreed to by the Members. So long as Declarant owns any portion of the Property, such dedication, release, alienation or transfer shall be effective without the approval, vote or written assent ofthe Members in the Association. At such time as Declarant owns no portion of the Property (or any part of future added real estate subjected to this Declaration so the term "Property" as used herein includes such added real estate), no such dedication, release, alienation or transfer shall be effective unless approved by the vote or written assent of two-thirds (213rds) of the votes of Members in the Association. F. The right of the Declarant (and its agents, customers, representatives, servants, employees, licensees and invitees) to the non-exclusive use of the Common Properties, the facilities thereof, and an easement on, over, under and through the Common Property or any portion thereof without charge, for the purpose of construction, reconstruction, repair and maintenance of the Improvements including, but not limited to, utility lines and for sales, display, access, ingress, egress, exhibit and other purposes. G. The right of the Association (by action of the Board) to reconstruct, replace or refinish any Improvement or portion thereof upon the Common Properties, in accordance with the original design, finish or standard or construction of such Improvement, or of the general Improvements within the Common Properties, as the case may be. H. The right of the Association to replace destroyed trees or other vegetation and plant trees, shrubs and ground cover upon any portion of the Common Properties or Parcels and to maintain same and any systems serving same including, but not limited to, irrigation and sprinkler systems, if any. I. The right of the Declarant to grant such other easements and rights over and upon the Common Properties as Declarant, in its sole discretion, deems appropriate, including, without limitation, rights of the public to access by, through, across and upon the Common Properties (which easements and rights shall be similarly granted by the Association). The rights set forth in Article 16 hereof. K. The rights set forth in Article 17 hereof. L. The right of Declarant and the Association, subject to the provisions of applicable law, to restrict access, ingress and egress to and from Park Village by maintaining a controlled entry system at locations designated by Declarant or the Association from time to time and such other restrictions as the Declarant or the Association shall impose from time to time. M. Such other matters affecting title to the property within Park Village and rights of governmental authorities. N. An irrevocable power of attorney, coupled with an interest, of all Owners in favor of Declarant, for as long as Declarant owns any Parcel within Park Village, to exercise any ofthe foregoing or other rights or discharge any of the foregoing or other obligations which may be set forth herein for the benefit of Declarant or as an obligation of any Owner. This power of attorney shall be self -operative and shall not require any additional instrument to effect same. An Owner, by acceptance of a deed, thereby acknowledges and confirms (and, to the extent required, grants) the power of attorney set forth herein. O. Anything to the contrary herein notwithstanding, no action authorized in this Section 3.1 shall be taken without prior written consent of the Declarant as long as the Declarant owns any property Parcel within Park Village. 3.2 Delegation of Use,• Use by Others. Any Owner may delegate by lease, in accordance with the limitations of Section 12.05 of the Ground Lease Agreement, this Declaration and with the By -Laws, such Owner's right of enjoyment of the Common Properties to such Owner's permitted renters (but once so delegated, any such Owner shall not have such rights until the applicable lease expires, unless such Owner owns other Parcels where such rights were not so delegated). All guests, invitees and licensees of Owners shall also be entitled to use the Common Properties, subject to applicable rules, regulations and limitations on such rights. 3.3 Parking Restrictions. A. All parking spaces shall be limited to designated portions of the Parcels, all of which are located on the ground level under or in front driveway area of the Dwellings. B. Parking shall be regulated pursuant to rules and regulations adopted by the Association from time to time. 3.4 Walkway. Declarant, and after conveyance of the Common Properties to the Association, the Association, shall have the right to designate and construct walkways over the Common Properties. A. Such walkways maybe designated by various means including signage and by means of the materials used to construct such walkways, e.g., boardwalk slates, concrete, asphalt, etc. After the designation by signage or construction of the walkways, Declarant shall have the continuing right from time to time (until conveyance of the Common Properties to the Association) to modify, alter, discontinue on a temporary or permanent basis, or relocate walkways. After the Declarant conveys the Common Properties to the Association, the Association shall have the right to modify, alter, discontinue on a temporary or permanent basis, or relocate walkways. B. All walkways located on the Common Properties shall be restricted to pedestrian use as a walking path for the limited purposes of light exercising and recreational strolling. C. The following restrictions shall apply to the walkways: (1) No vehicles of any kind shall be permitted on walkways except for strollers for small children, wheel chairs and other manual or electrically powered apparatuses for the persons disabled by physical handicaps or suffering from other disabling infirmities and electrically powered carts owned or approved by the Association for the maintenance operation and control of the Parcels; (2) No person shall loiter or otherwise use any portion of the walkways for any extended period of time, it being the intent of these restrictions to limit gatherings in one location and to promote the use of walkways as a peaceful, designated path for the purpose of quietly meandering through Park Village while enjoying the scenery; (3) No commercial activities of any kind shall be permitted on the walkways; and (4) No entertainment of any kind shall be permitted on the walkways. D. The Association shall adopt such additional restrictions on the use of walkways as the Board shall deem in the best interest of the Owners in order to balance the protection of Owners, their guests and renters, from unnecessary noise or view obstructions while occupying their Parcels with the opportunity of all Owners, their guests and invitees, to enjoy the Common Properties. 3.5 No Waiver of Use. No Owner may release his Lot or Parcel or from assessments and liens hereunder by waiver of the use and enjoyment of the Common Properties. 3.6 Conveyance of the Common Properties. After all Parcels have been subleased to purchasers other than a Declarant Affiliate, or sooner at the option of the Declarant, the Declarant shall transfer its interest in the Ground Lease Agreement for all of the Common Properties to the Association, and the Association shall accept such assignment and assume, in writing, the obligations of the Ground Lease Agreement. The Common Properties shall be transferred by Declarant pursuant to an assignment of lease as approved by Monroe County pursuant to the Ground Lease Agreement. Such conveyance shall be free and clear of all liens and encumbrances, and subject only to: A. All taxes and assessments for the year of conveyance and subsequent years; B. Restrictions, conditions, easements, agreements, limitations, and reservations of record; C. Perpetual non-exclusive easements from and to any portion of the Property within Park Village owned by the Declarant or its assignees at the time of the conveyance, which easements shall be for the use, benefit and enjoyment of Declarant, the Owners, its or their guests, invitees, licensees, successors and assigns; D. This Declaration, as the same may be amended from time to time; and E. The Ground Lease Agreement, as the same may be amended from time to time. 3.7 Declarant's Ri ht to Encumber. Until the Declarant transfers its leasehold interest in the Common Properties to the Association, Declarant shall have the right to mortgage the Common Properties for the purpose of financing the development and construction thereof, or for any other purpose, provided that (a) the lender recognizes the rights of the Owners hereunder, (b) the Common Properties shall be free of mortgages at the time of conveyance to the Association, and (c) the Association or any of the Members (other than Declarant, if it so chooses) shall not be personally liable for payment of the debt secured by such mortgage(s). 3.8 Common Properties for Benefit of Owners. The Declarant, and after conveyance to it, the Association, shall hold the leasehold title to (and such rights in) the Common Properties for the benefit of those persons entitled to use same under the provisions of this Declaration (which shall be applicable from and after the date this Declaration is recorded whether or not the Common Properties are then owned by the Association). 3.9 Taxation of Common Properties. It is the intent of this Declaration that the Tax Assessor of the County shall include all ad valorem taxes for the Common Properties within the tax bill for the individual Parcels. In the event the Common Properties are taxed for the Common Properties, the Association shall pay such taxes and assess the Parcels on a prorata basis based upon the current ad valorem tax assessments as determined by the county tax assessor as part of the Common Expenses. 3.10 Construction Activities. Declarant, its agents, contractors, subcontractors, licensees and/or other designees may, from time to time, be engaged in construction, excavation, and other activities within or in proximity to Park Village. By acceptance of a deed or other conveyance or mortgage, leasehold, license or other interest, each such Owner, lender and user and their respective successors and assigns automatically acknowledge, stipulate and agree: A. None of the aforesaid activities shall be deemed a nuisance or offensive activity; B. Not to enter upon or allow other persons under their direction or control to enter upon any portion of Park Village where such activity is being conducted (even if not being conducted actively at the time of entry, such as at night or otherwise during non -working hours); and C. Declarant, its agents, contractors, subcontractors, licensees and designees, shall not be liable for any direct or consequential losses, damages, injuries or deaths arising from or relating to the aforesaid activities. 3.11 Declarant's Reserved Ri ts. All of the foregoing property rights are subject to the rights reserved by the Declarant in this Declaration including those rights and exemptions in Articles l I and 12 hereof. 3.12 Prohibition of Subdivision of Parcels. Unless pre -approved in recordable form by Declarant and Monroe County, no Lot or Parcel shall be subdivided or broken into smaller parts than as conveyed or constructed by Declarant and described in the surveyor's certificate attached to the deed of conveyance from the Declarant to the transferee -Owner of such Lot and Parcel, nor shall any Lot or Parcel or portion thereof be added to or incorporated into any other Lot or Parcel. Ji 13 l',A ll Par"c6l atttd the Dk� , °llicag (:t�atud nlAn be Pxcel shall be trsarrskned togvlher <t�,, appurtczlai'fiv,, to eaaadt other and shall nor be t"r" nski-red separately Wernhy the 1'6afee) would bt sublvaswd separate tr€trt` the t)wclfing Ilwh Patvd a:haall be l galls des, riled wid st*i wwd "Ah Me Ram o2`m9mnee sw fitllct= areel .P.�.�..m. of Park 4 illa g4�� a�;;rlyding t<) the Da Oara(i(,)rt taf`Proieci°suc Covenants, Rc-,tr€ciioflt, and Easements of €`arrk. Vdiagi:° as re}:orded ill Official curds Book ........ as IINge ......._. of cc Public c ;an-ris of W)TIR)Q Founts, Horida . Such description shall include an attachinna as air exhibit that .shall desorihv tire llarctl h), a motes and bounds desc riiation- AH awign"ment-; aa►d €r-MIKf�n"', (d paxed ;€€ la:aw" stt hisl s g We !selling la��l��c���f"���ts, �lt.�fll l*e; subeel to alk N H of Me fir€tund I. cast with Nlo aroc %'a)unt�"_ j. l € t i '1:.,,',. �� .l? ' r c1,(.rk tl r . An. r�4ttitt , kv a felt ,l t. -,. ncr o the Parcel Dawr`s itweHirr<g aJt&or'['a vl is r-esirided to the permitted relaals as set forth in S4e�-tion 12,03 air th" (A€atMj t ; ase r r rrla rt't, includi€:o, witltow 11'alitation. Me re€luir^nnent that the r° ntal agrees eni be in v�htiafg and Contain iltas €oi owjng waErnittg PreMArfe-aa.tls Set fE; fi in the writing: BY SIGN'I ti IIHS RENTAL At:iizF:MENT'I' ;la; C E:�AN�I` G S'rl,I I' UWN SI.-RRUNDER OR ARAND0,N'Nll"r N I-, AST)I~FINE) BY CHAn't"R &3 FLORID,'k STATUJES, THE LESSOR SFIA.LL NOT BF LIABLE OR t.11SPONS[E3LF F(W STORAGE (4H DISPOSITION OF THE i.FS* EELS PERSONAL PROPERTY, Sic 1;t3i..11 ;1E',S}1iI.3°l(I 'Cp R,tAt;T .1ftictarrf�„T�rri,rirs°CSatrerGs.tt€)raraii ally sErarll i. tlrttlettat€tacx-iatibtra rclrst lle:Ct)trB,kB" g the oi% C%::4` a'4 mli h Punt and shall Iv lain aY rtis:tY bQ.r asn l Ilk €, wrwrship "a s s for° any ;va: oa l2 at o°lrl ft titrte; lair tt't rii r irils stt;:rll e<. at t<'artt<�ti�- Ell Other th an art an incidow to a wansfi r'of leaa hold fitk, to as PaceL rrtunbvrship in t€te shall no he lrartsW hlc and an, attettTpuA trt't�r shall e mall and �'k?i:f. err ;:t°at,rlE fi'r'trtt�t`�€�rl��rrrotti�art lttsl�l:ca�.aE�4 ?ietr. `[�tc��if;?dr�� cat'€�if1t:J'�:ta�;s.frl�rairt�� a��s~'s� t�rs-£'�`�:a�l sfEtall l-��: Qn pled, by. v inve of "'kr:c lice- mortgage or other znc rnbrarw to menibcrklrip in the ;�.5�ti�i�ri��tt, �t�s" ttr wry, ctf the rights or iirsr iof e;tit6 n illtv,,rtil%i , 12 l,,i ±�idti�taa.� I�jr� [,.€Ala @its.°{>i i(7� �>sc� r�tr�ar� �,tr�;tl7�t a€td'cra� its dta) to maintain and repair €lr . t;' ir�trrra,tE .[$rr; rts� :lie .'�, ��ciatAn NhalI matt 1v liable t4,..t::K sets Wr €"roup ter d4arrino at" than the cot of rT=a6)ditw31a6(i - si7 i £' 17 f8° C. ai d l ivft�3it t:>li ltaC E 4 Ca It iiitii] Ti I'gP°tad? TYs4 :ttT1.3 E'. (lie r € ,3EiC?i"} sha €1e)t he is hle Q any mwh FI"ilwy or dill`t1GIag i.a"ed by deW its dedlul ov workmanship or ii ollwr 3 f i�s�gtr�)L'�;'�t'4'tl C�9t�11 <li#�' eLifLlEtit�?33b. iiCera221s6s (n i'€32pTE)veil"ions iiliad€' by or on bC'hs$lf ofany OL1'rLi'.o4). 4.3 Declarant's Re resentation on the Board and Voting Right . Declaration reserves unto itselfthe following rights notwithstanding any other provision in this Declaration, Articles or By -Laws. A. Members other than the Declarant are entitled to elect at least a majority ofthe members of the Board when the earlier of the following events occurs: (1) Three months after ninety percent (90%) of the Parcels that will ultimately be operated by the Association have been subleased to Members; or (2) Such other percentage ofthe Parcels has been subleased to Members, or such other date or event has occurred, as is set forth in the governing documents in order to comply with the requirements of any governmentally chartered entity with regard to the Declarant's mortgage financing of the property or any portion thereof; or (3) For purposes of this section, the phrase "Members other than the Declarant" shall not include builders, contractors, or others who purchase a parcel for the purpose of constructing improvements thereon for resale. B. The Declarant is entitled to elect at least one member of the Board of the Association as long as Declarant holds for sale in the ordinary course of business at least one Parcel. After the Declarant relinquishes control of the Association, the Declarant may exercise the right to vote any developer -owned voting interests in the same manner as any other Member, except for purposes of reacquiring control of the Association or selecting the majority of the members of the Board. 4.4 Declarant's Right to Transfer Voting_Rights. Declarant shall have the right to transfer all or any portion of its voting rights and/or any or all of its rights to appoint members of the Board and hereby reserves the right to transfer any or all of its voting rights and any or all of its rights to appoint members of the Board. The number of votes entitled to be cast, if any, and/or the number of members of the Board entitled to be appointed which are transferred by Declarant shall be set forth in the sublease agreement or other instrument of conveyance by the Declarant in Declarant's sole and absolute discretion. Such transferee, upon becoming the record sublessee of any portion of the Property shall be entitled to exercise the privilege of voting and/or ofappointing such number of members to the Board as designated as aforesaid in the sublease agreement or other instrument of conveyance. The voting rights so transferred by Declarant shall not be thereafter assigned or transferred by such transferee of Declarant without Declarant's written consent, which consent may be unconditionally withheld. Anything to the contrary herein notwithstanding, (a) Declarant shall have the right to transfer its voting rights to a transferee who may or may not be an Owner, including, without limitation, any institutional lender, and (b) the restriction of transferring voting rights as stated herein shall not be imposed upon or affect any institutional lender acquiring a Parcel through foreclosure, deed -in -lieu of foreclosure or similar acquisition of interest. 4.5 Voting Rights. Subject to the Declarant's voting rights in Section 4.3 hereof, each Lot or Parcel shall be entitled to one (1) vote to be cast by the Owner. When more than one person holds an interest in a Parcel the vote(s) for such Parcel shall be cast by the Owner designated in a certificate filed with the Association and signed by all persons owning an interest. The vote(s) for each Parcel is (are) indivisible. Membership in the Association shall be appurtenant to and may not be separated from ownership of a Parcel. Transfer of ownership, either voluntarily or by operation of law, shall terminate membership in the Association, and said membership shall thereupon be vested in the transferee. Notwithstanding anything contained in this Declaration to the contrary, until such time as Declarant shall have subleased all the Parcels (whether or not improved with 11 Dwellings) contained within Park Village, exclusive of conveyances to entities related to or affiliated with Declarant or conveyances to other Declarants, or until Declarant sooner shall elect to transfer control to the non - Declarant members of the Association, Declarant shall have the sole and exclusive right to elect all officers and directors of the Association. During the period of Declarant's control, all Owners other than Declarant shall have a non -voting membership in the Association unless this provision is waived in writing by Declarant. In the event Declarant, in its absolute discretion, elects to turn over control of the Association to the Owners prior to Declarant's required turn over, Declarant shall retain the right to appoint one (1) Director to the Board for so long as Declarant or an entity related to Declarant owns a Parcel within Park Village, including any reacquired Parcel. ARTICLE 5 DUTIES AND POWERS OF THE ASSOCIATION 5.1 In General. The Association shall govern, operate, control, manage and maintain the Common Properties, pursuant to the terms and provisions of this Declaration, the Articles of Incorporation and the By - Laws. The Association shall pay all real property ad valorem taxes and all governmental liens assessed against the Common Properties. The Association shall further have the responsibility to hire personnel and to maintain, repair, and replace the Common Properties, including, without limitation, landscaping, irrigation, fencing, community area, street lights and the community sign (if any), at the expense of the Association. 5.2 Additional Powers of Association. The Association, acting through the Board, shall also have, subject to any priority rights of Declarant, the power and duty to: A. Maintain, protect, repair, and replace the Common Properties, including without limitation, and all Improvements thereon, if any, in accordance with the provisions of this Declaration; B. Preserve and enhance the natural beauty of Park Village and the portions of the Parcels that are contiguous to the landscaped areas of the Common Properties exclusive of the Dwellings of the Members of this Association; C. Promote the health, safety and social welfare of the Owners, their guests and invitees; D. Own, operate, govern, administer and manage the Common Properties; E. Control the specifications, architecture and design appearance of Park Village, including, but not limited to, elevation and location of, and landscaping around, all improvements of any type, including: walls, fences, swimming pools, dune crossings, antennae, sewers, drains, disposal systems, or other structures constructed, placed or permitted to remain in Park Village, as well as the alteration, improvement, addition or change thereto in order to preserve and maintain an integrated architectural design within Park Village; F. Insure compliance with and to maintain all permits for the operation of Park Village, of whatever nature, as required by governmental entities having jurisdiction over Park Village; G. Make and collect assessments, of any type, in accordance with the terms herein; 12 H. Provide for such services the responsibility for which has been delegated to this Association by the terms hereof, and to provide capital improvements and equipment related thereto on the Common Properties; I. Provide, purchase, acquire, replace, improve, maintain and/or repair such buildings, structures, landscaping, paving and equipment, both real and personal, related to the health safety, and social welfare of the Members as the Board, in its discretion, determines to be necessary, appropriate, and/or convenient; J. Preserve scenic assets, natural features and natural and man-made recreational areas, if any, in Park Village, to the maximum extent feasible; K. Oversee the general operation and maintenance of Park Village in such a manner as to prevent substantial injury to the use and value of all or any part of Park Village, including, without limitation, all swales and storm water drainage system; L. Operate without profit for the sole and exclusive benefit of its Members; M. Assure that the provisions of the Declaration are duly enforced; N. Maintain the driveways within the Common Properties, including cleaning and periodic resurfacing, and to maintain, operate and replace any street lights now located or to be installed on the Common Properties; O. For the benefit of the Common Properties and the entire Project, (i) obtain all commonly metered water, sanitary sewage, gas and electric services and other such utilities or services, and (ii) provide for all refuse collection and cable or master television service (if any), as necessary, whether from Declarant if it so elects or other provider should Declarant waive its rights under Article 10. Nothing herein shall create any liability on the part of the Association for consequential or other damages resulting from the inability of the Association to so obtain, produce, circulate and provide any of the foregoing services for reasons beyond the Association's reasonable control, nor prohibit the Association from temporarily interrupting the foregoing services in order to effect necessary repairs, maintenance and replacement; P. Grant easements, rights of way or strips of land, where necessary, for utilities, and sewer facilities and other services over the Common Properties to serve the Common Properties and other portions of Park Village; Q. Maintain such policy or policies of liability, fire, flood, windstorm and other insurance with respect to the Common Properties and personal property located thereon or used in connection therewith, if any, owned by the Association or the Declarant as provided herein in furthering the purposes and protecting the interests of the Association and Members and as directed by this Declaration and the Bylaws ofthe Association; R. Take such other action which the Board shall deem advisable with respect to Park Village as may be permitted hereunder or under law; S. To do and perform all such other acts and things permitted and to exercise all powers granted to a corporation not for profit under the laws of the State of Florida as those laws now exist or as they may hereafter provide; and 13 T. To comply with all federal, state and local requirements concerning environmental protection including, but not limited to: the compliance with all water quality monitoring requirements; and the maintenance of the storm water management system. 5.3 Association Expenses. The Association shall, through the Board, fix and determine from time to time the sum(s) necessary and adequate to provide for the expenses of the Association. The expenses of the Association shall be assessed against the Owners as provided in Article 6 hereof. 5A Title to Common Properties; Conveyances to the Association. The Association shall be obligated to accept any and all assignments of leasehold interests in the Ground Lease Agreement or other deeds of conveyance delivered to it by Declarant which assignment or deed(s) convey title to all or any portion of the Common Properties. 5.5 Rules and Regulations. The Board may from time to time adopt or amend Rules and Regulations governing the details of the operation, use, maintenance, management and control of the Parcels and the Common Properties. 5.6 Budget and Accounting. The Board shall adopt a budget for each fiscal year. Such budget shall contain estimates of all costs and expenses for the proper operation, management and maintenance of the Common Properties, including a reasonable allowance for contingencies and reserves, and shall take into account the projected income which is to be applied in reduction ofthe amounts required to be collected as an assessment each year. Common Expenses also shall include the cost of maintaining leaseholds, memberships and other possessory or use interests in lands and facilities to provide enjoyment, recreation or other use or benefit to Owners, all as acquired by lease or agreement in form and content satisfactory to the Board, including amounts which the Association may agree to pay to Declarant for services or availability of service, including management. Assessments shall be established based upon such budget. The Association shall comply with Chapter 617 concerning the adoption, notice and other requirements for homeowner associations. 5.7 Reserves. A. Reserves for Capital Expenditures and Deferred Maintenance. Each annual budget shall include sums to be collected and maintained as reserves to be used for capital expenditures and deferred maintenance. Such reserves may be waived or reduced for a fiscal year by the affirmative vote of at least one- half ('/2) of the Voting Interests ofthe Association at a duly called meeting of the Association. If such ameeting shall have been called and the necessary vote for waiver or reduction shall not have been attained or a quorum shall not have been obtained, the reserves as set forth in the budget shall go into effect. B. General Operating Reserve. Each annual budget may include a sum to be collected and maintained as a general operating reserve, which sum may be used to meet deficiencies from time to time existing as a result of delinquent payment of assessments by Owners or as a result of emergencies or to pay other costs or expenses placing financial stress upon the Association. The amount to be allocated to such operating reserve and collected therefor shall not exceed ten percent (10%) of the current annual assessment levied against all of the Owners. Upon accrual in the operating reserve of a sum equal to thirty percent (30%) of the current annual assessment, no further payments shall be collected, unless such operating reserve shall be reduced below the thirty percent (30%) level, in which event, contributions to such operating reserve shall be included in the annual assessment so as to restore the operating reserve to thirty percent (30%) of the current annual assessment. 14 5.8 Collections. All monies collected by the Association shall be treated as the separate property of the Association. Such monies maybe applied by the Association to the payment of any expense of operating the Association, or to the proper undertaking of all acts and duties imposed upon it by virtue of this Declaration, the Articles of Incorporation and the By -Laws. Monies for any assessment paid to the Association by any Owner may be commingled with monies paid to the Association by the other Owners. Although all funds and the Common Surplus shall be held for the benefit of the members of the Association, no member shall have the right to assign, hypothecate, pledge or in any manner transfer his interest therein, except as an appurtenance to his Parcel. When an Owner shall cease to be a member of the Association, the Association shall not be required to account to him for any share of the funds or assets of the Association, or for any sums which he may have paid to the Association. 59 Members' Ri hts. The Association shall be run by the Board and the Members shall only have such power as is specified herein or in the Articles or Bylaws. In the absence of a specific requirement of approval by Members, the Board may act on its own through its proper officers with or without a specific authorizing resolution. 5.14 Exterior Maintenance by the Association. A. In addition to maintenance upon the Common Properties, the Association shall also be responsible for the maintenance of all Crickets between Common Roofs (as provided in Section 16.9 hereof), which Crickets have been designated as Limited Common Properties. B. The Association may provide exterior maintenance service to any Parcel, including the exterior of a Dwelling, pursuant to Section 8.14 hereof The provision of any exterior maintenance services by the Association for any Parcel in Park Village pursuant to Section 8.14 hereof shall not be deemed to constitute and does not constitute an acceptance of the ongoing responsibility to maintain such properties. At such time as the Association renders exterior maintenance services, it shall do so at the sole expense of the Owner(s) for which services were rendered and shall be assessed in accordance with this Declaration as a Special Individual Assessment except such Special Individual Assessment shall not be a lien on the Parcel as a Common Expense Assessment. 5.11 Access at Reasonable Hours. For the purpose of performing the exterior maintenance authorized by this Article, the Association, through its duly authorized agents or employees, shall have the right without prior notice, to enter upon any Parcel which is the subject of the maintenance assessment at reasonable hours on any day except on Sunday. 5.12 Easement for Maintenance. The Association is hereby granted a non-exclusive easement to enter upon any Parcel or the exterior of any Dwelling, and any property in Park Village owned by the Declarant in order to provide exterior maintenance service to and upon any structure located on or upon any of such enumerated properties in accordance with the terms of this Article, including, without limitation, the right to erect and maintain thereon scaffolding or other equipment required for such maintenance service. 5.13 Fines. Notwithstanding the availability of other remedies set forth elsewhere in this Declaration, the Association shall also have the power to assess reasonable fines to enforce any of the provisions of this Declaration, the By -Laws, or rules and regulations promulgated in connection therewith, provided only that appropriate notice and right to appear be granted to any Owner subject to such fines as provided herein. A. In the event a Parcel Owner or occupant fails to observe and perform all of the provisions of 15 the Declaration, the By -Laws, of the Association, or reasonable rules and regulations of the Association, the Association shall have the right to impose a fine against the Parcel Owner and the Parcel. The amount of any fine shall be determined by the Board of the Association, but in any event shall not exceed any maximum amount permitted by under the Chapter 718 (the Condominium Act) for condominium associations, as such Condominium Act may be amended from time to time. Any fine shall be imposed by written notice to the Parcel Owner or tenant, signed by an officer of the Association. The Parcel Owner, tenant, or other party against whom the fine is sought to be levied shall be afforded an opportunity for hearing after reasonable notice of not less than fourteen (14) days. Said notice shall specifically state the amount of the fine, the date, time and place of the hearing; the provisions of the Declaration, By -Laws, or rules which have allegedly been violated; and a short and plain statement of the matter asserted by the Association. B. The party against whom the fine may be levied shall have an opportunity to respond, to present evidence, and to provide written and oral argument on all issues involved and shall have an opportunity at the hearing to review, challenge and respond to any material considered by the Association. C. Hearing shall be held before a committee of other Parcel Owners (the "Fines Committee"). At the hearing, the Fines Committee shall conduct a reasonable inquiry to determine whether the alleged violation in fact occurred, and that the fine imposed is appropriate. The Parcel Owner, tenant or other party against whom the fine is sought to be levied shall have the right to attend the hearing and to produce evidence on his behalf, and if the Parcel Owner or tenant fails to attend then the hearing will be deemed waived and the Fines Committee may ratify the fine without further proceedings. At the hearing the Fines Committee shall ratify, or disagree with, the fine. If the Committee does not agree with the fine, the fine may not be levied. If a majority of the Fines Committee members agrees with the fine, the Association shall give the Parcel Owner, tenant or other party against whom the fine is sought, written notice of the Fines Committee's decision. Any fine shall be due and payable within ten (10) days after written notice of the Fines Committee's imposition of the fine. If any fine is levied against a tenant and is not paid within ten (10) days after same is due, the Association shall have the right to evict the tenant. Any Parcel leased by the Parcel Owner shall be leased pursuant to a written agreement that shall contain the foregoing provision, and any Parcel that is not leased by a written document or any Parcel leased pursuant to a written agreement that fails to include the foregoing provision shall be deemed to be leased subject to the provisions hereof. D. In any proceeding arising because of an alleged failure of a Parcel Owner or the Association to comply with the requirements of this Declaration, the exhibits annexed hereto, or the rules and regulations adopted pursuant to said documents, as the same may be amended from time to time, the prevailing party shall be entitled to recover the costs of the proceeding and such reasonable attorneys' fees (including appellate attorneys' fees). E. All rights, remedies and privileges granted to the Association or the Parcel Owners pursuant to any terms, provisions, covenants or conditions of this Declaration or other Association documents shall be deemed to be cumulative, and the exercise of any one or more shall not be deemed to constitute an election of remedies, nor shall it preclude the party thus exercising the same from exercising such other and additional rights, remedies or privileges as may be available at law or in equity. 5.14 Flood Area: Surface Water Management System. The ground level of Park Village is within a flood zone as established by the Federal Emergency Management Agency (FEMA) and the National Flood Insurance Program (NFiP). In case of flooding, all such areas are subject to possible flooding. All Improvements and other property located within the Parcels are subject to possible damage in the event of flooding, the total risk for which is assumed by the Parcel Owner, their guests, invitees, 16 licensees and other users. The Association shall be responsible for the maintenance, operation and repair of the Surface Water Management System. Maintenance of the Surface Water Management System shall mean the exercise of practices which allow the system to provide drainage, water storage, conveyance or other surface water or storm water management capabilities as determined by the Board. Developer has constructed drainage swales within the Common Properties and Parcels for the purpose of managing and containing the flow of excess surface water. The general location of the swales is depicted in the Swale and Fence Plan, Exhibit B-2 of this Declaration. The Association shall be responsible for the maintenance, operation and repair of the swales within Park Village. All landscaping within Parcels, including any ground cover for swales areas within Parcels, shall be maintained by the Parcel Owners. ARTICLE 6 ASSESSMENTS 6.1 Purpose. Assessments levied by the Association shall be used to promote the common health, safety, benefit, recreation, welfare and aesthetics of the Owners and to maintain, repair and replace the Common Properties and such portion of Parcels as delegated to the Assessment in this Declaration. 6.2 Assessments. The Board shall have the power to fix, determine and collect from all Owners, as provided in the By -Laws, the sums necessary and adequate to provide for the Common Expenses and such other expenses as are specifically provided for in this Declaration and the By -Laws. The Board shall furnish prompt notice to Owners of all assessments payable. A. Allocation. Unless otherwise stipulated, all assessments shall be levied on an equal, prorata basis with all Owners. Should the Association be the owner of any Parcel(s), the assessment which otherwise would be due and payable to the Association on such Parcel(s) shall be levied ratably among all of the Owners excluding the Association. B. Special Assessments. Should the assessments prove to be insufficient to pay the costs of operation of the Association, or should any emergency arise, including, without limitation, the following: (a) reconstruction of portions of the Common Properties; and (b) unexpected repairs or replacements. The Board shall have the authority to levy such additional assessment(s) as it may deem necessary, subject to obtaining the Association Membership's approval of such Special Assessment by a majority of those Members voting at a duly called meeting of the Association at which a quorum is present. The specific purpose(s) of any Special Assessment shall be set forth in a written notice of such assessment sent or delivered to each Owner. The funds collected pursuant to a Special Assessment shall be used only for the specific purpose(s) set forth in such notice or returned to the Owners; provided, however, that upon completion of such specific purpose(s), any excess funds shall be considered Common Surplus. Anything herein to the contrary notwithstanding, as long as Declarant owns at least two (2) Parcels in Park Village, no Special Assessment shall be authorized without Declarant's prior written approval. Special assessments deemed to be for costs of operation primarily for the benefit of specific Lots or Parcels shall be assessed only against such Lots or Parcels. C. Certificate of Unpaid Assessments. Within fifteen (15) days after request by an Owner or Parcel mortgagee, the Association shall provide a certificate stating all assessments and other monies owed to the Association by the Owner with respect to the Parcel. Any person other than the Owner who relies upon such certificate shall be protected thereby. D. Payment; Default. The assessments levied against each Owner shall be payable at the main office of the Association in such installments and at such time as may be determined by the Board of 17 Administration as provided in the By -Laws. The payment of any such assessment shall be in default if it is not paid to the Association on or before its due date. 6.3 Annual Assessments, Budget. The Board shall fix, determine and collect the sums necessary and adequate to pay for the general expenses of the Association. The annual assessment shall be determined by the Board based upon an estimated annual budget, which shall be prepared at least forty-five (45) days prior to the commencement of the fiscal year. The Association's fiscal year shall be the calendar year beginning with the calendar year in which this Declaration is recorded in the Public Records of the County. Assessments shall be payable monthly in advance or at such other time as determined by the Board at the main office of the Association. The payment of any assessment shall be in default if it is not paid to the Association on or before its due date. 6.4 Special Individual Assessments. In addition to the annual assessments, and Special Assessments, the Association may levy special assessments to pay the costs of such items as are determined necessary or appropriate by the Board. Special individual assessments against certain Lots, Parcels and Owners and in differing amounts as necessary or appropriate. 6.5 Subordination of Liens to Mortgages. Assessment liens shall be superior to all other liens, except tax liens and first mortgage liens in favor of Institutional Lenders or Declarant. The sale or transfer of a Parcel, pursuant to a decree of foreclosure or where the Institutional Lender takes a deed in lieu of foreclosure, shall extinguish the lien of such assessments as to payments which became due and payable prior to the date of such decree or deed in lieu of foreclosure only pursuant to superior mortgages as provided above. Such sale or transfer shall not relieve such Parcels from liability for any assessments thereafter becoming due, nor from the lien of any subsequent assessment. 6.6 Certificates. The Association shall upon demand at any time furnish to any Owner liable for said assessment a certificate in writing by an officer of the Association, setting forth whether assessments have been paid. Such certificate shall be conclusive evidence as to any assessment therein stated to having been paid. 6.7 Liability of Declarant. Anything to the contrary herein notwithstanding, Declarant shall not be liable for any Assessments imposed upon Parcels or Lots for which it is the Owner as long as the Declarant pays all deficits in operation of the Association above the Assessments and capital contributions and other sums collectible from other Owners or otherwise. Declarant may at anytime and from time to time be relieved of all obligations to fund deficits by electing, for any Assessment period or periods, to pay Assessments imposed on Parcels or Lots for which it is the Owner. 6.8 Initial Assessment for New Members. Declarant shall collect from every Owner at the time of closing and every such Owner, other than Declarant, its successors or assigns, shall pay to the Association an amount equal to two months of monthly assessment charges to be used as working capital for the Association. This obligation to pay an initial capital assessment shall apply to transferees from the Declarant and all subsequent transferees from time to time. ARTICLE 7 EFFECT OF NON-PAYMENT OF ASSESSMENTS, REMEDIES OF ASSOCIATION 18 7.1 Application of Proceeds in Event of Default. In the event that a Parcel is to be sold, leased or mortgaged at a time when payment of any assessment by the Owner shall be in default (whether or not a notice of lien has been recorded by the Association), then the proceeds of such purchase or mortgage shall be applied by the purchaser or mortgagee first to payments of any then delinquent assessment or installments thereof due to the Association before the payment to the Owner in default. 7.2 Liens; Enforcement, A. The assessments shall be levied against each Owner(s) who is bound to pay them. Common Expenses and assessments shall constitute a lien against each Parcel and shall have the priority afforded by law. Actions to enforce such claims shall be in conformity with the law. Each Owner also shall be liable personally to the Association for the payment of all such assessments and for interest on any delinquent payment and for all costs of collecting such payment and interest thereon, including reasonable attorneys' fees. No Owner may exempt himself from liability for any assessment levied against him by waiver of the use or enjoyment of any of the Common Properties, or by abandonment of the Parcel or Dwelling or in any other way. Assessments which are unpaid after the due date shall bear interest at the maximum rate of interest chargeable to an individual as permitted by the laws of the State of Florida. Once interest has accrued, any subsequent payment shall be applied first to payment of interest and collection costs and then to the payment of the assessment first due. B. Each such lien shall secure: (i) all advances for taxes, payments on account or superior mortgages, liens or encumbrances and any other payments which the Association may pay in order to preserve and protect its lien; and (ii) all costs and expenses, including reasonable attorneys' fees, which may be incurred by the Association in enforcing the lien upon the Parcel. C. Each lien herein granted to the Association shall be effective upon recording a notice of lien in the Public Records of the County. A notice of lien shall state the description of the Parcel and Dwelling encumbered thereby, the name of the record owner, the amount due and the date when due. No lien shall continue for a period longer than one (1) year after the claim of lien shall have been recorded, unless within that time an action to enforce the lien shall be commenced in a court of competent jurisdiction. The claim of lien shall secure all unpaid assessments. Such claim of lien shall be signed and verified by an officer or agent of the Association. Upon full payment of all sums secured by such lien, the same shall be satisfied of record. D. The Association, acting through the Board, shall have the right to assign to Declarant or to any Owner(s) or third party its lien rights for the recovery of any unpaid assessments. E. A lien granted to the Association may be foreclosed against the leasehold interest in the Parcel and the Dwelling. No foreclosure action may be filed until at least thirty (30) days after the Association gives written notice to the Owner of its intention to foreclose its lien to collect the unpaid assessments. If this notice is not given at least thirty (30) days before the foreclosure action is filed and if the unpaid assessments, including those coming due after the claim of lien is recorded, are paid before the entry of a fmal judgment of foreclosure, the Association shall not recover attorneys' fees or costs. The notice must be delivered personally to the Owner or mailed and delivered by registered or certified mail, return receipt requested. If, after diligent search and inquiry, the Association cannot find the Owner or a mailing address at which the Owner will receive the notice, the notice shall be given as required by law. F. If the Owner remains in possession of the Parcel and/or Dwelling and the claim of lien is foreclosed, the court, in its discretion, may require the Owner to pay taxes and prior encumbrances and interest 19 thereon, all as provided above. Such notice of lien shall be signed and verified by an officer or agent of the Association. Upon full payment of all sums secured by such lien, the same shall be satisfied of record. G. Institution of a suit at law to collect payment of any delinquent assessment shall not prevent the Association from thereafter seeking enforcement of the collection by foreclosure of any sums then owing to it. Proceeding by foreclosure to effect such collection shall not preclude the institution of a suit at law to collect any sum then owing to it. H. A Owner, regardless of how title is acquired, including a purchaser at a judicial sale, shall be liable for all assessments coming due while he is the Owner and shall be subject to all of the provisions of this Declaration, the By -Laws, the Rules and Regulations and applicable law. In a voluntary conveyance, the grantee shall be jointly and severally liable with the grantor for all unpaid assessments against the grantor for his share of the Common Expenses up to the time of the conveyance, without prejudice to any right the grantee may have to recover from the grantor the amounts paid by grantee. Any person who acquires an interest in a Parcel and/or Dwelling (except through a foreclosure of a recorded first mortgage or acceptance of a deed in lieu thereof) shall not be entitled to occupancy of the Parcel or Dwelling or enjoyment of the Common Properties until such time as all unpaid assessments and other charges due and owing by the former owner have been paid. When an Institutional Lender of record, or other purchaser of Parcel and Dwelling shall obtain title to a Parcel and Dwelling by a purchase at a public sale resulting from the Institutional Lender's foreclosure judgment in a foreclosure suit in which the Association shall have been properly named as a defendant junior lienholder, or as a result of a deed given in lieu of foreclosure, such acquirer of title, its successors and assigns shall not be liable for the share of Common Expenses or assessments attributable to the Parcel or chargeable to the former Owner of the Parcel which became due prior to such acquisition of title unless the share shall be secured by a claim of lien for assessments recorded prior to the recording of the foreclosed mortgage. The unpaid share of Common Expenses or assessments shall be Common Expenses collectible from all of the Owners, including such acquirer, its successors and assigns. An Institutional Lender acquiring title to a Parcel by foreclosure or deed in lieu of foreclosure shall not, during the period of its interest in the Parcel and Dwelling, whether or not the Parcel and Dwelling are unoccupied, be excused from the payment of some or all of the Common Expenses coming due during the period of such ownership. 7.3 Liens, Personal Obligations. Each Owner hereby gives and grants unto the Association a lien against such Owner's Parcel and Dwelling for the Owner's respective share of the assessments due the Association. The lien herein granted shall commence upon the recording of this Declaration in the Public Records of the County. Owner, for each Parcel and Dwelling subleased by it, and each other Owner, by acceptance of a sublease thereto, shall be deemed to covenant and agree to pay to the Association: (a) annual assessments; (b) special assessments; and (c) special individual assessments. Each such assessment, together with interest, late charges, costs, and reasonable attorneys' fees, shall be a charge on the applicable Parcel and Dwelling and shall be a continuing lien thereon against which each such assessment is made. Each such assessment, together with interest, late charges, costs and reasonable attorneys' fees shall also be the personal obligation of the person(s) subleasing such Parcel at the time when the assessment came due. 7.4 Delinquencies-, Enfomement. Unpaid assessments shall be a continuing lien on the applicable Parcels and Dwellings which shall bind such Parcels and Dwellings in the hands of the then Owner, his or her heirs, devisees, personal representatives, successors and assigns. The personal obligation of the then Owner to pay such assessment, however, shall remain as personal obligation for the statutory period and shall not pass to his successors in title unless expressly assumed by them. Assessments shall bear interest from the due date until paid at the maximum rate allowed by law for an individual. A late charge shall be due in the amount of twenty- 20 five ($25.00) dollars per monthly assessment or portion thereof past due or five percent (5%) of the monthly assessment past due, whichever is greater, and the Association may bring an action at law against the Owner personally obligated to pay the same or an action to foreclose the lien against the Parcel, and there shall be added to the amount of such assessment reasonable attorneys' fees and costs incurred in collecting such assessment, and in the event that judgment is obtained, such judgment shall include interest on the assessment and late charges as above provided and reasonable attorneys' fees, together with the cost of the action, including attorneys' fees and costs on appeal. Liens may be foreclosed in the same manner as mortgages are foreclosed. ARTICLE 8 ARCHITECTURAL/LANDSCAPE CONTROL 8.1 Members of Committee. The Architectural Control Committee, sometimes referred to in this Declaration as the "Committee", shall consist of three (3) members. The initial members ofthe Committee shall consist of persons designated by Dec larant. Each of said persons shall hold office until all Parcels planned for Park Village have been constructed, created and subleased to Owners, or sooner at the option of Declarant. Thereafter, each member of the Committee shall be appointed from time to time by the Directors. 8.2 Review of Proposed Construction, A. Subject to Articles 11 and 12 of this Declaration and any other exemption granted to Declarant pursuant to the terms of this Declaration, no building, fence, wall or other structure or Improvement (including landscaping, trees, shrubs, vegetation and ground cover) shall be commenced, removed, altered, painted, erected or maintained in Park Village, nor shall any addition, change or alteration visible from the exterior of Dwellings be made, nor shall any awning, canopy or shutter be attached to or placed upon outside walls or roofs of Buildings or other improvements, until the plans and specifications showing the nature, kind, shape, height, materials and location of the same shall have been submitted to, and approved in writing by, the Committee. The Committee shall approve proposals or plans and specifications submitted for its approval only if it deems that the construction, alterations, additions or use contemplated thereby in the locations indicated will not be detrimental to the appearance ofthe surrounding area of Park Village as a whole, and that the appearance of any structure affected thereby will be in harmony with the surrounding structures and is otherwise desirable. The Committee may condition its approval of proposals and plans and specifications as it deems appropriate, and may require submission of additional plans and specifications or other information prior to approving or disapproving material submitted. The Committee may also issue rules or guidelines setting forth procedures for the submission of plans for approval. The Committee may require such detail in plans and specifications submitted for its review as it deems proper, including, without limitation, floor plans, site plans, drainage plans, elevation drawings and descriptions or samples of exterior materials and colors. Until receipt by the Committee of any required plans and specifications, the Committee may postpone review of any plans submitted for approval. The Committee shall have thirty (30) days after delivery of all required materials to approve or reject any such plans, and if not approved within such 30-day period, said plans shall be deemed approved. The Committee herein shall be the ultimate deciding body and its decisions shall take precedence over all others. B. The Committee shall have the right to promulgate such further rules and regulations as it deems necessary in order to preserve the values and appearance of Park Village and hereafter, to modify, alter, amend, rescind and augment any of same (collectively "Design Rules") provided that the Design Rules so promulgated shall not be in conflict with the provisions of the Declaration. Such Design Rules shall not become effective until approved by the Declarant in writing so long as the Declarant owns any portion of Park Village and thereafter by the Board. The Committee may adopt a schedule of reasonable fees for the processing of applications which fees shall be subject to the approval of the Board. 21 C. The Committee shall also have the right to determine from time to time the use that each Parcel or Property (or portion thereof) may be subject to, and may prohibit or restrict a particular use notwithstanding that such use maybe permitted by any applicable zoning law, ordinance, rule or regulation. D. All changes and alterations shall be subject independently to all applicable governmental laws, statutes, ordinances, rules, regulations, orders and decrees. 8.3 Meeting of the Committee. The Committee shall meet from time to time as necessary to perform its duties hereunder. The Committee may from time to time, by resolution unanimously adopted in writing, designate a Committee representative (who may, but need not, be one of its members) to take any action or perform any duties for and on behalf of the Committee, except the granting ofvariances pursuant to Section 8 hereof. In the absence of such designation, the vote of any two (2) members ofthe Committee shall continue an act of the Committee. 8.4 No Waiver of Future Approvals, The approval of the Committee of any proposals or plans and specifications or drawings for any work done or proposed, or in connection with any other matter requiring the approval and consent of the Committee, shall not be deemed to constitute a waiver of any right to withhold approval or consent as to any similar proposals, plans and specifications, drawings or matters whatever subsequently or additionally submitted for approval or consent. 8.5 Compensation of Members. The members of the Committee shall receive compensation for services rendered as determined by the Board, in addition to reimbursement for expenses incurred by them in the performance of their duties hereunder. 8.6 Inspection of Work. Inspection of work and correction of defects therein shall proceed as follows: A. Upon the completion of any work for which approved plans are required under this Article 8, the applicant for such approval (the "Applicant') shall give written notice of completion to the Committee. B. Within ten (10) days thereafter, the Committee or its duly authorized representative may inspect such Improvement. If the Committee finds that such work was not effected in substantial compliance with the approved plans, it shall notify the Applicant in writing of such noncompliance within such ten (10) days period, specifying the particulars of noncompliance, and shall require the Applicant to remedy the same. C. If a noncompliance exists, the Applicant shall remedy or remove same within a period of not more than thirty (30) days of such notification. If, upon the expiration of thirty (30) days from the date of such notification, the Applicant shall have failed to remedy such noncompliance, the Committee shall notify the Board in writing of such failure. The Board, at its option, may either remove the non -complying Improvement or remedy the noncompliance, and the Applicant shall reimburse the Association, upon demand, for all expenses incurred in connection therewith, plus a 25% administrative charge. If such expenses are not promptly repaid by the Applicant to the Association, the Board shall levy a Special Assessment against such Applicant for reimbursement plus the 25% administrative charge. The entry upon the property by the Association or its agents for the purpose of affecting the terms of this provision is expressly permitted and shall not constitute a trespass. 22 D. If for any reason the Committee fails to notify the Applicant of any noncompliance within thirty (30) days after receipt of said written notice of completion from the Applicant, the Improvement shall be deemed to have been made in accordance with said approved plans. 8.7 Non -Liability of Committee Members. Neither the Committee, nor any member thereof, nor its duly authorized Committee representative, shall be liable to the Association, any association, or to any Owner or any other person or entity for any loss, damage or injury arising out of or in any way connected with the performance of the Committee's duties hereunder, unless due to the willful misconduct or bad faith of a member and then only that member shall have any liability. The Committee shall review and approve or disapprove all plans submitted to it for any proposed Improvement, alteration or addition solely on the basis of aesthetic considerations and the overall benefit or detriment which would result to Park Village. The Committee shall take into consideration the aesthetic aspects of the architectural designs, placement of buildings, landscaping, color schemes, exterior finishes and materials and similar features, but shall not be responsible for reviewing, nor shall its approval of any plan or design be deemed approval of, any plan or design from the standpoint of structural safety or conformance with building or other codes. 8.8 Variance. The Committee may authorize variances from compliance with any of the architectural provisions of this Declaration or any supplemental declaration, when circumstances such as topography, natural obstructions, hardship, aesthetic or environmental considerations require. Such variance must be evidenced in writing which must be signed by at least two (2) members of the Committee. If such variances are granted, no violation of the covenants, conditions and restrictions contained in this Declaration or any supplemental declaration shall be deemed to have occurred with respect to the matter for which the variance was granted. The granting of such a variancc shall not, however, operate to waive any of the terms and provisions of this Declaration or of any supplemental declaration for any purpose except as to the particular property and particular improvement for which the variance was granted. 8.9 Exterior Appearance and Design. The Owners of any Improvement which has suffered damage must apply for approval to the Architectural Committee for reconstruction, rebuilding or repair of the Improvements therein. Application for such approval shall be made promptly after such damage and shall be in writing, together with full and complete plans and specification, working drawings and elevations showing the proposed reconstruction and the end result thereof. The Architectural Committee shall grant such approval only if upon completion of the work the exterior appearance and design will be substantially like that which existed prior to the date of the casualty. Failure of the Architectural Committee to act within thirty (30) days after receipt of such a request in writing together with the drawings and plot plans showing the full and complete nature of the proposed changes shall constitute approval thereof. If the obligation for repair falls upon the Association, Architectural Committee approval will not be required prior to the commencement of such work. 8.10 Time Limitation - Commencement and Completion of Construction. The Owner of a Parcel shall commence construction of the Parcel(s) permitted to be constructed thereon not later than the first to occur of (a) six months following the date on which the last of the requisite approvals have been obtained by Declarant for the issuance of building permits with respect to said Parcel(s) or (b) one year after the date of closing on the transfer of the Parcel(s) by Declarant to the Owner as evidenced by the date of delivery of the deed to said Parcel(s). Said Parcel Owner shall complete construction of said Parce](s) (as evidenced by issuance of a certificate of occupancy) within 180 days of commencement. Parcel Owners shall be required to complete construction of all Parcels in said parcel (evidenced by the issuance of a certificate of occupancy therefor) within two years from the date of closing on the transfer of the Parcel by Declarant to the Parcel Owner. Once commenced, the Owner shall diligently and continuously proceed with the uninterrupted construction of the improvements thereon. In the event that an Unimproved Parcel has been improved but has not had a Certificate 23 of Occupancy issued thereof, the Declarant may, subject to the Right of Repurchase pursuant to Article 11 hereof, enter upon the property and complete the improvements required for the issuance of a Certificate of Occupancy therefor and charge to the Owner the costs incurred thereby (including hard and soft costs) as a Special Assessment and thereafter the property shall be assessed as an Improved Parcel. The entry upon the property by the Association and its agents for the purpose of affecting the terms of this provision is expressly permitted and shall not constitute a trespass thereon. 8.11 Time Limitation - Destruction. The Owner or Owners of any damaged Building, the Association and the Architectural Committee shall be obligated to proceed with all due diligence hereunder, and the responsible party shall commence reconstruction within three (3) months after the damage occurs and complete reconstruction within one (1) year after damage occurs, unless prevented by causes beyond their reasonable control. 8.12 Improvements. All Improvements shall comply with all applicable minimum standards established by the Committee and zoning laws. No Improvement shall be constructed, removed, changed or installed without the Committee's prior written approval (except as hereinafter provided as to Declarant). The Committee shall control not only the initial structure and improvements, landscaping, walls and fences to be constructed, but also any additions, changes or modifications thereof on any Parcel, except that all structures constructed by Declarant as well as landscaping, walls and fences installed or constructed by Declarant shall be deemed approved by the Committee. Anything herein to the contrary notwithstanding, any Owner may make alterations, changes and modifications within the interior of his Parcel without obtaining the Committee's consent. 8.13 Maintenance of Improvements. All Improvements shall be kept in a clean, neat and attractive condition consistent with the general appearance of Park Village and in conformity with the terms and conditions of this Declaration and all rules and regulations hereinafter adopted by the Association. 8.14 Maintenance and Repair. A. By Owners. Each Owner agrees to: (a) maintain in good condition and repair (1) all landscaping within the boundaries of the Owner's Parcel, and (2) structural components of the Owner's Dwelling and Improvements and exterior surfaces such as walls, floors, screens, windows, doors, gutters, downspouts and roofs and to replace such items, when necessary. The Association shall have the right, at its discretion, to make such maintenance or repair, if the Owner fails to do so following ten (10) days' written notice, or written or oral notice of a shorter duration in the event of an emergency situation, and to charge the Owner for the costs of same. If the Association charges an Owner for such repairs or maintenance, and the Owner fails to make prompt payment, the Association shall be entitled to place a lien against that Owner's Parcel and proceed as provided in Article 6 hereof. An Owner shall be liable for the expense of any maintenance, repair or replacement made necessary by his act or negligence or by that of any member of his family or his or their guests, invitees, employees, agents or lessees, but only to the extent that expense is not met by the proceeds of insurance carried by the Association and then, conditioned on the extent of the right of subrogation of the Association's insurer. B. By the Association. The Association shall be responsible for the maintenance, repair and replacement of all of the Common Properties, and all conduits, ducts, plumbing, wiring and other facilities for the furnishing of utility and other services to more than one Parcel, including, without limitation, the operation and maintenance of the Surface Water Management System (including all swales but excluding the maintenance of ground cover of swales within Parcels), and all fencing within Park 24 Village as originally constructed by Declarant, driveways located outside of the boundaries of Parcels, sewer infrastructure and common areas as depicted in Exhibit B-1, the cost and expense thereof shall be charged to all Parcel Owners as a Common Expense. Should any incidental damage be caused to any Parcel by virtue of any work which may be done or caused to be done by the Association in the maintenance, repair or replacement of any Common Properties, the Association, shall, at its expense, repair such incidental damage. The costs of such maintenance on the Common Properties shall be apportioned in equal shares among the Owners. However, to the extent such maintenance, repairs or replacements are necessitated by the negligence, misuse or neglect of a Owner, his family, guests or invitees, such costs shall be assessed against his Parcel and paid by the Owner. In the event of any dispute among the Owners regarding the costs of repair, maintenance or restoration of the Common Properties the Owner hereby designates the Board of Administration as arbiters of such dispute, whose decision shall be binding and conclusive upon them. In the event that one of such Owners is an Administrator, he shall stand down from such office during the hearing and decision on the dispute. Whenever it is necessary to enter any Parcel for maintenance, alteration or repair to any portion of the Common Properties, each Owner shall permit other Owners or their rep- resentatives, or the Association's duly constituted and authorized agent, to enter such Parcel for such purpose, provided that such entry shall be made only at reasonable times and with reasonable notice. ARTICLE 9 PARTICULAR USE RESTRICTIONS, RULES AND REGULATIONS 9.1 Applicability. The provisions of this Article shall apply to Park Village, but shall not apply to Declarant, any of its affiliates, contractors or subcontractors. If requested by any interested party, Declarant shall give a written statement as to whether any particular person or entity shall be exempt from the provisions ofthis Article and to which Parcels and for what period of time such exemption shall exist. 9.2 Nuisances. No noxious, offensive or unlawful activity shall be carried on within Park Village nor shall anything be done in Park Village which may be or may become an annoyance or nuisance to other Owners. 9.3 Suns. No sign of any kind shall be permitted on the Common Properties or any Parcel; nor shall any sign be permitted that is visible from the outside of a Dwelling; provided however, one "for -sale" sign or one "owner's -name" sign, shall be permitted but such sign shall not exceed two square feet in areas. Notwithstanding such prohibition, no parking, restricted parking, speed and directional signs shall be permitted at the discretion of the Association and with the consent of the Declarant. All permitted signs shall, in all respects, be in accordance with rules and regulations promulgated by the Association. Notwithstanding anything herein to the contrary, Declarant shall be entitled to place signs of such size and design as Declarant shall determine upon any Lot or Parcel to advertise for sale or other purposes. 9.4 Parking and Vehicular Restrictions. Parking in Park Village shall be restricted to the designated parking spaces within Parcels. There are no parking spaces within the Common Properties. Except for temporary purposes in order to service Parcels or the Common Properties, no person shall park, store or keep on any portion of Park Village any large commercial -type vehicle (for example, dump truck, cement mixer truck, oil or gas truck, delivery truck), nor may any person keep any other vehicle on the Common Properties which is deemed to be a nuisance by the Board. No person shall conduct repairs (except in an emergency) or restorations of any motor vehicle within Park Village. All vehicles shall be subject to height, width and length restrictions and other rules and regulations now or hereafter adopted by the Association. 25 9.5 Animal Restriction. No livestock, reptiles or poultry of any kind shall be raised, bred or kept on Park Village. Pets shall be prohibited from all portions of the Common Properties excepts where designated by the Association. No more than two (2) domestic pets (i.e., dogs, cats, birds) shall be permitted for any Parcel and the Dwelling located thereon, and the total weight of such pets shall not exceed sixty (60) pounds. All pets must be controlled by Owners in strict accordance with rules and regulations to be enacted from time to time, by the board. 9.6 Garba a Refuse and Sewage Disposal. No portion of Park Village shall be used or maintained as a dumping ground for rubbish. Trash and garbage shall not be kept except in sanitary containers or as required by the Association or the applicable County ordinances. All equipment for the storage or disposal of such material shall be kept in clean and sanitary condition. No individual sewage disposal system shall be permitted in Park Village. 9.7 Temporary, Play and Auxiliary Structures. No structure of a temporary character, trailer, basement, tent, shack, shed, barn or other outbuilding shall be built, installed or used in Park Village at any time. No platform, doghouse, playhouse or similar structure shall be constructed in any part of Park Village without the Committee's prior written approval. No outdoor clotheslines shall be permitted. No building, fence, screen enclosure, wall or other structure shall be erected or maintained, nor shall any exterior addition, change or alteration thereof be made, unless consistent with the general aesthetics of Park Village and unless and until plans and specifications showing the nature, kind, shape, height, materials, color and location ofthe same shall have been submitted and approved in writing by the Committee. 9.8 Alterations. No improvement shall be altered or constructed in or removed from Park Village except upon the written consent of the Committee. 9.9 Outside Installation• Satellite Dishes and Exterior Antennas. To the extent permitted by law and as otherwise approved by the Board, no exterior radio antenna, television antenna or other antenna of any shall type shall be erected or maintained in the Parcels or elsewhere on Park Village, unless approved by the Committee. The Association may provide that a master antenna, cable television antenna or similar antennae for the use of Owners, and Declarant may grant and hereby reserves an easement for such purposes. 9.10 Insurance Rates. Nothing shall be done or kept within any Parcel or Common Properties which will increase the rate of insurance on any properties insured by the Association without the approval of the Board, nor shall anything be done or kept within Parcels, or on the Common Properties which would result in the cancellation of insurance on any property insured by the Association or which would be in violation of any law. In the event that an Owner does anything to increase the rate of insurance, said Owner shall be responsible for payment of the increased amount as a Special Individual Assessment in accordance with the terms hereof. 9.11 Drilling. No oil drilling, oil development operations, oil refining, quarrying or mining operations of any kind shall be permitted in or on Park Village, nor shall oil wells, tanks, tunnels or mineral excavations or shafts be permitted. No derrick or other structure designed for use in boring for water, oil, natural gas or minerals shall be erected, maintained or permitted on or around Park Village. 9.12 Affordable Housing Limitations. All Parcels within Park Village are restricted by the limitations, including, without limitation, restrictions on the sale and lease of the Parcel, imposed by the Affordable Restrictions and the Monroe County Code, Section 9-5, as amended from time to time. Such affordable housing restrictions are imposed upon the Parcels during the 99-year term of the Ground Lease Agreement as more particularly set forth in the Ground Lease Agreement. 26 9.13 Maintenance of Park Village. No weeds, underbrush, or other unsightly growth shall be permitted to grow or remain upon the property within Park Village and no refuse or unsightly objects shall be allowed to be placed or suffered to remain upon the property within Park Village. All lawns, landscaping and sprinkler systems and any property, structure, improvement and appurtenance shall be kept in good, safe, clean, neat and attractive condition. During the course of construction of any kind within Park Village, the owner of the property upon which such construction work is being done shall store all construction materials, including equipment and vehicles, supervise all construction personnel and manage all phases of the construction in a manner reasonably designed to minimize traffic congestion, dust, noise and other similar distractions, disturbances and inconveniences. Excepted from the foregoing shall be any portion of the property within Park Village owned by Declarant or its nominee through the period of construction of Parcels or other buildings or structures thereon. Upon the failure to maintain the premises as aforesaid to the satisfaction of Declarant or the Association, and upon the Association's, or an Owner's, failure to make such correction within thirty (30) days of being given written notice by Declarant or the Association (which written notice does not have to be given by Declarant or Association in the case of emergency, in which event, Declarant or Association may without any prior notice directly remedy the problem), Declarant or the Association may, in furtherance of Declaranfs overall plan for the development and uniform appearance of Park Village, enter upon such premises and make such improvements or correction as may be necessary, the costs of which shall be paid by the Association or Owner having responsibility for such condition, as the case may be, or Declarant or the Association may bring an action at law or in equity. Such entry by Declarant or the Association or their agents shall not be a trespass and, by acceptance of a deed for a Parcel, such parry has expressly given Declarant and the Association the continuing permission to do so, which permission may not be revoked. If any Owner or the Association fails to make payment within fifteen (15) days after request to do so by Declarant or Association, as appropriate, the payment requested shall be a lien in accordance with the Special Assessment provisions hereof. 9.14 Maintenance by the Owner. The responsibility of each Owner to keep his Parcel in compliance with standards promulgated by the Architectural Control Committee of the Board shall be as follows: A. To maintain, protect repair and replace, at his own cost and expense, all portions of the Owner's Parcel (including the area lying directly beneath the Dwelling) together with all improvements and equipment located thereon, except any portions to be maintained, repaired and replaced by the Association. Such maintenance, protection, repair and replacement shall be done without disturbing the rights of the other Owners; B. Not to modify or change the appearance or design of any portion of the exterior of any Parcel without the prior written approval of the Association; and C. To report promptly to the Association any defect or need for repairs, maintenance or replacements for which the Association or other association is responsible. 9.15 Use of Land. No improvement or any portion of Park Village shall be used for any purpose other than residential consistent with the Affordable Restrictions; provided however that temporary uses by Declarant, its affiliates and designees for model homes, sales displays, parking lots, sales offices and other offices, or any combination of such uses shall be permitted until Declarant shall determine that such use is no longer needed. No more than one dwelling structure may be constructed on a Parcel. For use with a residence, appropriate building for garages, tool house, and similar uses approved by the Association, shall be permitted but such auxiliary buildings shall not be constructed prior to the erection of the residence and shall only be constructed simultaneously therewith or subsequent thereto, and shall be of the same architectural design and 27 constructed of the same materials as the residence. In the event that the same materials shall be unavailable, the Association may approve suitable materials. The Association may make exceptions for the design and materials used or the construction of outbuildings as it deems necessary. 9.16 Exterior Colors. The exterior colors of all hnprovements shall remain the colors initially established by Declarant, unless approved by the Committee. 9.17 Boats, Boat Trailers and Recreational Vehicles. No boats, recreational vehicles, and non- commercial trailers shall be parked within Park Village. Under no condition or circumstance shall any boats, recreational vehicles, and non-commercial trailers shall be parked within a Parcel (i.e., under Dwellings). 9.18 Laundry. No balcony, porch or other exterior portion of a Parcel or Lot shall be used for the purpose of drying of laundry or other items. 9.20 Fences. No fencing of any kind, either permanent or temporary, shall be constructed without the prior written approval of the Committee (such approval being based upon rules and regulations as it may adopt from time to time). ARTICLE 10 CABLE AND TELEVISION SYSTEM 10.1 Installation. The Association may construct or 'install over, under, across and upon any portion of Park Village for the use of the Owners a cable television and internet access system (the "System'), the scope, extent, size and the location of which over, across, upon and through Park Village shall be determined solely by the Declarant (and thereafter Association) together with a perpetual and exclusive right and privilege of ingress and egress thereto for installing, constructing, inspecting, maintaining, altering, moving, improving, and replacing the facilities and equipment constituting the System, including, without limitation, any antennas, conduits, wires, cables, lines, panels, boxes, housings, connections, insulators and amplifiers necessary or desirable to receive and distribute services of the System. 10.2 System Services. The Association shall have the right to enter contracts for the exclusive provision of the System as the Board shall deem, in its sole discretion, to be in the best interests of the Owners. The contract may provide that the basic System shall be mandatory for all Owners. The Association shall impose, along with Common Expense assessments and its regular maintenance assessments, against each Parcel, the amount of the basic fees due and payable for the System. ARTICLE l I DEVELOPER RIGHTS, RESERVATIONS AND EXEMPTIONS 11.1 Declarant's Rights. Declarant hereby reserves to itself, and the sublessee of any Parcel or other property within Park Village hereby agrees, by acceptance of a sublease or similar conveyance thereto, that Declarant shall have the following rights, without notice or approval, so long as Declarant owns any portion of the Property in Park Village, including portion of the Property, Lot or any Parcel leased by Declarant as the result of any reconveyance from a third party to Declarant, or until Declarant causes to be recorded a Certificate of Termination of Interest in Park Village (or unless expressly provided to the contrary herein), which Certificate terminates any and all right, title, interest and obligation of Declarant in Park Village: 28 A. The right to Vacate or withdraw any area of any portion of the Property subject to this Declaration, provided that Declarant has retained its leasehold interest in the property which is to be vacated or withdrawn from this Declaration. The invalidization or unenforceability of this right shall in no way affect the enforceability of the other covenants and restrictions contained in this Article, this Declaration or any supplemental declaration. Any such invalidation and unenforceability shall cause this reservation of right to be void; B. The right to dispense pesticides throughout the Property; C. The right to retain legal and equitable title to the Common Properties, or to sell, lease or otherwise convey all or any part of its interest in the Property and to demolish, alter or modify in whole or in part, any improvements on the Common Properties; D. The right to establish easements for itself and others over any portion of the Property which is owned by Declarant, including, that portion of the property decided as Common Properties; E. The right to convey, in whole or in part, any easements granted in favor of Declarant, as created in this Declaration or as recorded in the Public Records of Monroe County, Florida, which pertain to Park Village; F. The right, for any reason, including, without limitation, in order to meet requirements of any applicable law, code, ordinance, rule or regulation of any governmental or quasi -governmental authority or lending institution or bond issuing authority or development agency or the like, to make changes, amendments, supplements or modifications to any or all of the covenants, restrictions, easements, reservations, agreements, documents or instruments affecting the Property, Park Village or any portion thereof, whether recorded, or unrecorded, as Declarant, its successors and assigns, may deem reasonable, necessary, appropriate or convenient, provided that any one of the foregoing singly or taken collectively will not materially adversely affect the Parcel of any Owner. The foregoing shall not restrict or limit Declarant or its successors' and assigns' ability to amend, modify or supplement this Declaration as herein otherwise provided; G. The right to erect or grant to an Owner the right to erect temporary buildings on any portion of the Property which is owned by Declarant or title to which has been granted by Declarant to an Owner; H. The right to maintain an easement, for construction, reconstruction or repair purposes, across any property within Park Village; I. The right to maintain a sales office in Park Village, including, without limitation, a sales office on a portion of the Common Properties, and to erect signs and to conduct sales throughout Park Village; J. The right to appoint the members of the Architectural Control Committee for such time as Declarant owns any property in Park Village; K. The right to conduct the development, marketing and sale of property in Park Village owned by Declarant or any third party with whom Declarant may so contract to provide such services; L. An irrevocable power of attorney, coupled with an interest, of all Owners in favor of Declarant, for as long as Declarant owns any portion of the Property or any Parcel within Park Village, to 29 exercise any of the foregoing or other rights or discharge any of the foregoing or other obligations which may be set forth therein for the benefit of Declarant or as an obligation of any Owner. This power of attorney shall be self -operative and shall not require any additional instrument to effectuate same. An Owner, by acceptance of a deed, thereby acknowledges and confirms (and, to the extent required, grants) the power of attorney set forth herein: and M. An irrevocable designation and appointment of Declarant, its successors and assigns, by each Owner, as such Owner's attorney -in -fact, to execute and deliver any applications for approval, platting, consents, amendments, variance or other documents or instruments as Declarant, its successors and assigns, may from time to time request. The foregoing power -of -attorney, designation and appointment shall be coupled with an interest, shall be self -operative and shall not require any additional instrument to effect same; provided, however, that same shall be limited in time and duration to a period of ten (10) years from and after the date that the initial Owner, other than Declarant or an affiliate of Declarant, takes the leasehold title to a Parcel from Declarant. 11.2. Veto Power. Declarant hereby expressly reserves to itself, and any sublessee of any Lot or Parcel hereby agrees, by acceptance of a sublease agreement or other deed of conveyance thereto, that Declarant shall have the right to veto any of all of the following events so long as Declarant owns any part of the Property of Park Village, including property owned by Declarant as the result of any reconveyance of property, or until Declarant causes to be recorded a Certificate of Termination of Interest in Park Village, which Certificate terminates any and all right, title interest and obligation of Declarant in Park Village: A. Any matter adversely affecting Declarant or its interests; B. Construction of improvements approved by the Association; C. Construction of any dune or access way approved by the Association; D. Association approval which permits the conduct of any commercial enterprise within Park Village; E. Any or all Association budgets, annual or otherwise which constitute an increase or reduction of fifteen percent (15%) over the prior year's (or other applicable interval) budget; F. Approval of any plans or specifications for any structure made by the Architectural Control Committee; G. Attempted resubdivision of the Property or any part thereof; H. Any attempted dissolution or termination of the Association; 1. Attempted amendment of this Declaration, Articles, and By -Laws, or any supplementary declaration of protective covenants and restrictions; Any management contracts entered into by the Association or Board; K. The creation of any special assessments by the Association; 30 L. Any capital improvement assessments by the Association; M. Any settlement of any claim made by Association to collect upon any policy of casualty insurance which insures the Common Properties; and of Park Village. follows; N. Any attempted cancellation or reduction of insurance coverage insuring all or any part 11.3 Right to Alter Common Properties. Declarant hereby reserves the right, in its sole discretion, as A. to alter all or any portion of the Common Properties to which Declarant holds title; and B. to mortgage all or any portion of the Common Properties to which Declarant holds title; provided that the Common Properties shall be free of mortgages at time of conveyance to the Association. 11.4 Declarant's Additional Reserved Rights. Notwithstanding anything herein to the contrary, Declarant shall have the right, with respect to the development of Park Village, to construct buildings and Parcels and other improvements and install landscaping of such type, nature, shape, height, color, materials and location as Declarant shall determine in its sole and absolute discretion; provided, however, that same shall comply with the Ground Lease Agreement, applicable building codes and County zoning laws in force at that time. Until such time as Declarant shall retain a leasehold interest in any portion of the property within Park Village, Declarant shall be entitled to place on Land and/or Parcels owned by Declarant temporary construction or sales trailers and other temporary facilities and conduct its sales and marketing efforts as Declarant shall deem appropriate. ARTICLE 12 DECLARANT'S EXEMPTIONS Neither the Association nor any Parcel Owner shall do anything to interfere with Declarant's activities at Park Village. As used in this Section and its subparagraphs, the words "its successors or assigns" specifically do not include purchasers of individual Parcels. Without limiting the foregoing, nothing in this Declaration shall be construed or interpreted to: A. Prevent Declarant, its successors or assigns, or its or their agents, contractors or subcontractors, from doing on any property owned by them or on the Common Properties whatever they determine to be necessary or advisable in connection with the completion of said work, including without limitation, the alteration and removal of Improvements and the reallocation of any use thereon and the termination of services as Declarant deems advisable in the course of development (all models or sketches showing plans of Park Village may be modified by Declarant at any time and from time to time, without notice to any Owner, prospective Owner, or other person or entity); or B. Prevent Declarant, its successors or assigns, or its or their contractors, subcontractors or representatives, from erecting, constructing and maintaining on any portion of the Property owned or controlled by them or on the Common Properties, such structures as may be reasonably necessary in Declarant' sjudgment for the conduct of its or their business of completing said work and establishing Park Village as a community and disposing of the same by sale, lease or otherwise; or 31 C. Prevent Declarant, its successors or assigns, from determining in its sole discretion the nature of any type of Improvements to be included as part of Park Village, including Improvements on the Common Properties; or D. Prevent Declarant, its successors or assigns, or its or their contractors, subcontractors or representatives, from erecting, maintaining, altering or otherwise using signs on the Property owned or controlled by any of them or on the Common Properties as may be necessary in connection with the sale, lease, operation or marketing of Parcels or Lots, or otherwise from taking such other actions deemed appropriate in connection with such signs; or E. In general, Declarant shall be exempt from all restrictions set forth in this Declaration to the extent such restrictions interfere in any manner with the Declarant's plans for operation, construction, development, use, sale or other disposition of the Property and/or Park Village, or any part thereof. ARTICLE 13 DAMAGE OR DESTRUCTION TO COMMON PROPERTIES Damage to or destruction of all of any portion of the Common Properties shall be handled in the following manner, notwithstanding any provision in this Declaration to the contrary: A. In the event of damage to or destruction of the Common Properties, if the insurance proceeds are sufficient to effect total restoration, then the Association shall cause such Common Properties to be repaired and reconstructed substantially as it previously existed; and B. If the insurance proceeds are not sufficient to effect total restoration to the Common Properties, then the Association shall cause such Common Properties to be repaired and reconstructed substantially as it previously existed and the difference between the insurance proceeds and the actual cost shall be levied as a Reconstruction Assessment against each of the Owners, in accordance with the provisions of Article 6 of this Declaration. ARTICLE 14 INSURANCE AND RECONSTRUCTION 14.1 Owner's Casualty Insurance. Each Owner shall bear the risk of loss and damage to his Parcel and Dwelling and any and ail furniture, personal effects and other personal property belonging to such Owner which property is located either within the Parcel, the Dwelling or in or on the Common Properties. The foregoing shall not apply: (a) to any property constituting a portion of the Common Properties; or (b) to fixtures, installations or additions covered by the Association's casualty policy as provided in this Declaration. Each Owner shall at the Owner's own expense, obtain insurance coverage for casualty loss of or damage to the Owner's Dwelling Improvement, including without limitation fire, flood and windstorm upon which Monroe County, as lessor, shall be named as an additional insured. Insurance coverage for loss to personal property shall be obtained in the discretion of each Owner. 14.2 Owner's Liability Insurance. Each Owner shall be liable for injuries or damages resulting from an accident in his own Parcel, to the same extent that a homeowner would be liable for an accident occurring within his house. Each Owner may, at his own expense, obtain insurance coverage against personal liability for 32 injury to the person or property of another while within such Owner's Parcel. No Owner shall be liable personally for any damages caused by the Association in connection with the use of the Common Properties. 14.3 Requirements Concerning Owner's Insurance. All such insurance obtained by any Owner shall, wherever available, state that the insurer waives its right of subrogation as to any claims against: (a) other Owners; (b) the Association; and (c) the respective servants, agents and guests of other Owners. 14.4 Reconstruction of Dwelling. In the event of loss or damage to a Dwelling and improvements, the Owner, with all due diligence, shall repair, replace and restore such damaged or destroyed portions of the Dwelling and Improvements within the Parcel to a condition as good as that before such loss or damage: (a) in accordance with the original plans and specifications for the Dwelling; or (b) as the Dwelling was last constructed; or (c) in accordance with plans approved by the Committee. If the Owner shall refuse or fail to commence repair, replace or restore his Dwelling or Parcel within thirty (30) days, or to complete such work within six (6) months, the Association may repair, replace or restore the Dwelling and/or Parcel and charge the Owner for the cost of such work. The Association shall have a lien on the Parcel and Dwelling to secure reimbursement of such cost. 14.5 Association's Casuafty Insurance. The Association shall maintain casualty insurance covering all insurable improvements within the Common Properties, in accordance with the original plans and specifications, in an amount not less than 100% of the replacement value thereof (subject to reasonable deductible clauses), excluding foundation and excavation costs, all as determined annually by the Board. Such coverage shall afford protection against: (a) loss or damage by fire and other hazards covered by a standard extended coverage endorsement; and (b) such other risks as from time to time shall be customarily covered with respect to buildings similar in construction, location and use, including, but not limited to, vandalism and malicious mischief. 14.6 Association's Liability Insurance. The Association shall maintain comprehensive general public liability and automobile liability insurance covering loss or damage resulting from accidents or occurrences on or about or in connection with Park Village or adjoining driveways and walkways, or any work, matters or things related to Park Village or to this Declaration and its exhibits, with such coverage as shall be required by the Board, but with combined single limit liability of not less than $1,000,000 for each accident or occurrence, $300,000 per person and $50,000 property damage, and with cross liability endorsement to cover liabilities of the Owners as a group to a Owner and vice versa. 14.7 Association's Workers' Compensation Insurance. The Association shall maintain workers' compensation insurance to meet the requirements of law. 14.8 Other Tnes of Insurance. The Association also shall maintain: A. fidelity insurance covering all officers and employees of the Association; B. directors' liability insurance, if obtainable, with limits of $300,000; C. such other insurance as the Board shall determine from time to time to be necessary and proper. 14.9 Insurer's Waiver. When appropriate and obtainable each of the foregoing policies shall waive the insurer's right to: (a) subrogation against the Association and against the Owners individually and as a 33 group; (b) the prorata clause that reserves the insurer the right to pay only a fraction of any loss if other insurance carriers have issued coverage upon the same risk; and (c) avoid liability for a loss that is caused by an act of the Board or by an Administrator or by one or more Owners. 14.10 Purchase of Association's Insurance. All authorized insurance for the Common Properties shall be purchased by the Association. The cost of the insurance shall be a Common Expense, as shall be any other fees and expenses incurred which may be necessary or incidental to carrying out the provisions hereof, except that the amount of increase in any premium occasioned by misuse, occupancy or abandonment of a Parcel or its appurtenances by a Owner shall be assessed against such Owner. Each policy shall be issued by an insurance company authorized to do business in Florida and with an office or agent located in the County. 14.11 Named Insured. The named insured shall be the Association individually and as agent for Owners and their mortgagees covered by the policy, without naming them, In addition, Monroe County, as lessor, shall be named as an additional insured. 14.12 Damage to Common Properties. All proceeds from insurance policies insuring Common Properties shall be paid to the Association. 14.13 Mortgagees. Certain provisions in this Article are for the benefit of the mortgagees of Parcels and may be enforced by such mortgagees. No mortgagee shall have any right to apply or have applied to the reduction of a mortgage debt any insurance proceeds except distributions thereof made pursuant to this Article. No mortgagee shall have any right to determine or participate in the determination as to whether or not any damaged property shall be reconstructed or repaired. 14.14 Association as A aent. The Association is hereby irrevocably appointed agent for each Owner and mortgagee to adjust all claims arising under insurance policies purchased by the Association to insure the Common Properties and to execute and deliver releases upon the payment of claims. 14.15 Determination to Reconstruct or Repair. The Association shall be responsible for reconstruction and repair after casualty loss or damage to the Common Properties. 14.16 Plans and Specifications. Any reconstruction or repair of any of the Common Properties must either be: (a) substantially in accordance with the original plans and specifications for the original improvements; or (b) according to plans and specifications approved by the Committee. 14,17 Responsibility to Insure Improvements. Each Owner shall insure the Improvements owned by such Owner. Insurance coverage for the Parcels shall include all -perils, including, without limitation, hazard, fire, windstorm and flood. The cost of such insurance shall be borne by the Owner. Insurance for each Parcel shall be in an amount equal to the full "replacement" value thereof. The term "replacement value" means one hundred (100%) percent of the then current replacement costs, exclusive of land, foundation, items of personal property and other items normally excluded from such coverage. Upon the written request of any Owner within a Building mailed by certified mail, return receipt requested, the requested Owner shall provide written proof of insurance to the requesting Owner by certified mail, return receipt requested. ARTICLE 15 MORTGAGEE PROTECTION CLAUSE 34 The following provisions are added hereto (and to the extent these added provisions conflict with any other provisions of the Declaration, these added shall control): A. Each institutional first mortgagee holding encumbering any Parcel, at his written request, is entitled to written notification from the Association of any default by the Owner of such Parcel in the performance of such Owner's obligations under this Declaration, the Articles of Incorporation of the Association or the By -Laws of the Association, which default is not cured within thirty (30) days after the Association learns of such default and to written notification of the recording of a Claim of Lien pursuant to Article 7. B. Unless at least 66-2/3 % of such mortgagees (based upon one vote for each such mortgage owned), and at least 66-2/3% of the votes of Members of the Association, have given their prior written approval, neither the Association nor the Owners shall: by act or omission seek to sell or transfer the Common Properties and the Improvements thereon which are owned by the Association (the granting of easements for utilities or for other such purposes consistent with the intended use of such property by the Association or the Declarant or the transfer of the Common Properties or any portion thereof to another not for profit association of the Owners in accordance with the Articles of Incorporation of the Association or dedication of such property to the public or condominium ownership shall not be deemed a transfer within the meaning of this clause); 2. fail to maintain fire and extended insurance on insurable portions of the Common Properties as provided herein; or use hazard insurance proceeds for losses to any Common Properties for other than the repair, replacement or reconstruction of such Improvements (except as contemplated herein); C. Such mortgagees shall have the right to examine the books and records of the Association during normal business hours. D. All such mortgagees who have registered their names with the Association, and as long as it owns a mortgage on any Parcel, shall be given (1) thirty (30) days written notice prior to the effective date of any proposed, material amendment to this Declaration or the Articles of Incorporation or By -Laws of the Association and prior to the effective date of any termination of any agreement for professional management of the Common Properties hereafter entered into, if any, following a decision of the Owners to assume self - management of the Common Properties; and (2) immediate notice following any damage to the Common Properties whenever the cost of reconstruction exceeds One Hundred Thousand Dollars ($100,000.00), and as soon as the Board learns of any threatened condemnation proceeding or proposed acquisition or any portion of the Common Properties; E. Such mortgagees may, jointly or singly, pay taxes or other charges which are in default and which may or have become a charge against any portion of the Common Properties and may pay any overdue premiums on hazard insurance policies, or secure new hazard insurance coverage on the lapse of a policy, for such property, and such mortgagees making such payments shall be owed immediate reimbursement therefore from the Association and the appropriate Owners. 35 ARTICLE 16 ENCROACHMENTS AND EASEMENTS 16.1 Easements in General. If any grant of any easement in this Declaration would otherwise fail by virtue of the nonexistence of the grantee thereof as of the date of this Declaration, then the Association automatically shall be deemed to be the attorney -in -fact for such grantee to hold the interest created by such grant of casement until such grantee shall come into existence, at which time the interest created by such grant of easement automatically shall become vested in such grantee. The Common Properties shall be subject to a perpetual non-exclusive easement in favor of each Parcel, which shall be appurtenant to and shall pass with title to each Parcel, for use by the Owner, his immediate family, guests and invitees, for all proper and normal purposes including ingress and egress. The Common Properties also shall be subject to such a perpetual non- exclusive easement in favor of Owner and Declarant and their respective agents, employees, invitees, successors and assigns. 16.2 Easements for Public and Private Utility Facilities, Drainage and Access. It being understood that at the time of the recording of this Declaration the exact location of utility facilities, drainage facilities and appurtenant equipment within Park Village have not yet been determined, Declarant hereby reserves for itself, its successors and assigns, such perpetual easements as are necessary and required over, under, upon and/or through the Property for ingress, egress and access to and the installation construction, operation, alteration, expansion, repair, replacement and maintenance of utilities, cable television, drainage facilities and roadways for ingress and egress. This reservation hereby grants to the utility entities and the Declarant (so long as Declarant is constructing, repairing or relocating utilities and facilities appurtenant thereto in aid of construction of the property) the right of ingress, egress and access to and the right to construct, install, operate, alter, expand, replace and maintain such utilities, cable television, drainage facilities and roadways for ingress and egress within any part of the Property, provided, however, use of such easements and improvements shall not unreasonably interfere with the use of the Property for the purposes intended for the Parcels. In order to accomplish the foregoing, each portion of the Property shall have an easement in common with all other portions thereof to use, maintain, repair, alter or replace all pipes, wires, ducts, vents, cables, conduits, utility lines, sanitary sewers, storm drains, water lines, manholes, lift stations, pumping stations and similar or related facilities located within the Property and serving such portion or portions. Each portion of the Project shall be subject to an easement in favor of all other portions thereof to use, maintain, repair, alter and replace the pipes, wires, ducts, vents, cables, conduits, utility lines sanitary sewers, storm drains, water lines, manholes, lift stations, pumping stations and other similar or related facilities located in such portion of the Property and serving other portions thereof. Independent of the foregoing rights, Declarant, its successors or assigns, and Association are hereby granted the additional right to grant such additional easements or relocate existing easements throughout the Property as Declarant or Association may deem necessary and desirable provided that such additional easements or relocation of easements do not unreasonably interfere in the use of the Property for the purposes so intended, and further provided that in the event of a conflict in decisions between Declarant and Association, the Declarant's decision shall control until such time as all Parcels have been constructed and transferred by Declarant to third -party Owners. Easements are reserved under, through and over the Common Properties as may be required from time to time for sewer, utility and drainage in order to serve the Condominium or Association. A Parcel Owner shall do nothing within or outside its Parcel that interferes with or impairs, or may interfere with or impair, the provision of such sewer utility or drainage facilities or the use of these easements. The Association shall have a right of access to each Parcel to maintain, repair or replace any Common Properties, including, without limitation, pipes, sewer lines, drainage lines and other components ofthe Common Properties, if any, without the requirement of giving of notice to Parcel Owner. 36 16.3 Easements for Maintenance. Easements are hereby reserved in favor of the Association under, upon, across, through and over all portions of Park Village for the purpose, as deemed necessary by the Association for preserving and maintaining the land, Parcels and carrying out its responsibilities under this Declaration; provided, however, that all such activity shall be undertaken in a manner so as to minimize interference with any Owner's use of his property. Where any land, including any Improvement thereon, ("the Servient Estate") shall abut an adjacent lot line ("the Dominant Estate"), then the Owner of the Dominant Estate shall have an easement over the Servient Estate, which easement shall only be to extent necessary and in any event not to exceed four (4) feet wide contiguous to the interior property line running from the front to the rear property line of the Servient Estate for the purpose of entry upon and ingress and egress through the Servient Estate with persons, materials and equipment to the extent reasonably necessary in the performance of maintenance, repair, replacement of any of the Improvements or permitted by the Association. 16.4 Easement for Pedestrians. In addition to the general casements for use of the Common Properties reserved herein, there shall be, and the Declarant hereby reserves and covenants for itself and all Owners with Park Village that each and every Owner, and Declarant and their respective licensees, invitees, grantees, successors and assigns as permitted by Association, shall have, a non-exclusive easement appurtenant for pedestrian access over, through and across all pedestrian access ways within the Common Properties, subject to the parking provisions of this Declaration. Association and any Member which is required to join in the grant of any such easement shall be obligated to execute any such instrument as may be requested of it from time to time to affect such grant of easement. 16.5 Easements for Public and Private Utility Uses. In addition to the foregoing easements affecting the Common Properties, there shall be, and Declarant hereby grants perpetual easements for public, Federal, State, County, City and private utility and other services, including, but not limited to, the right of the police to enter upon, pass over and across any part of the Common Properties for the purpose of enforcing the law or maintaining security, and the right of all lawful emergency vehicles, equipment and persons in connection therewith to enter upon, pass over and across all portions of the property to service the Declarant, Owners, residents and all Improvements and the right of all public and private utility companies to install, construct, operate, alter, expand, repair, replace and maintain their equipment and facilities in areas designated for such purposes. Independent of the foregoing rights, Declarant, its successors or assigns, and Association are hereby granted the additional right to grant such additional easements or relocate existing easements throughout the Property as Declarant or Association may deem necessary and desirable provided that such additional easements or relocation of easements do not unreasonably interfere in the use of the Property for the purposes so intended, and further provided that in the event of a conflict in decisions between Declarant and Association, the Declarant's decision shall control until such time as all Parcels have been constructed and transferred by Declarant to third -party Owners. The Association has the irrevocable right of access to each Parcel during reasonable hours, when necessary for the maintenance, repair, or replacement of any Common Properties or of any portion of a Parcel to be maintained by the Association pursuant to this Declaration or as necessary to prevent damage to the Common Properties, including, without limitation, the Surface Water Management System. Easements are reserved under, through and over the Common Properties as may be required for utility services and drainage serving Park Village. The Association shall have the right of access to each Parcel to inspect, install, maintain, repair or replace the Drainage System, the Surface Water Management System and the Main Sewer Line. When required for such maintenance, repair or replacement, the Association shall have the irrevocable right to remove any property within a Parcel for the purpose of gaining accessibility to the Main Sewer Line to be maintained, repaired or replaced. No Parcel Owner shall commit or allow to be committed any act within or without its Parcel which would interfere with or impair any of the utility providers using the easements granted herein. 37 16.6 Easements for Access, Repair and Maintenance. Declarant reserves unto itself, and its successors and assigns, perpetual non-exclusive easements of ingress and egress over and across the access ways existing from time to time in Park Village, and perpetual non-exclusive easement to enter upon, over, under or through all portions of the Property for the purpose of maintaining, repairing and replacing the Parcels, Improvements of Parcels owned by Declarant and the Common Properties which easements shall be for the use of Declarant, Association (and its and their respective successors and assigns), Owners, and their respective lessees, employees, agents, invitees and licensees. Declarant hereby expressly retains the right to grant easements and rights to the public through, over, under and upon the Common Properties and other property within Park Village and to grant easements and rights to such municipal and governmental authorities as required from time to time, including, without limitation, water management agencies. 16.7 Emergency Access. The Association shall have the right, privilege and license to enter upon any Parcel and upon and across the Common Properties for the purpose of effecting any emergency repairs to that same Parcel or to any other Parcel and/or exterior portion of any improvements thereon and/or to any Common Properties and to do such other maintenance and repairs as shall be reasonable necessary for the proper maintenance and repairs as shall be reasonably necessary for the proper maintenance of the same Parcel or of any other Parcel or of the Common Properties abutting such Parcel, to the extent permitted under this Declaration. 16.8 Easement for Construction and Sales. Declarant (and its agents, realtors, salespersons, employees, contractors, subcontractors and suppliers) shall have an easement of ingress and egress over, under and across the Common Properties for construction purposes and to erect, maintain, repair and replace, from time to time, signs on the Common Properties for the purposes of advertising and sale and/or lease of Parcels or Lots and for the operation of any permitted enterprise within Park Village. In the event of such construction, portions of the Common Properties may be shut off from general access and use, and noise, dust and other disturbances will be likely. All Owners hereby agree that such disturbances have been accepted by them and they waive any and all claims or objections as a result of or in relation to such disturbances. No liability shall be assumed by Declarant by reason of the foregoing. 16.9 Common Walls and Roofs -Easements and Encroachments. All residential dwellings for Parcels have been constructed in such a manner that two adjoining residential dwellings have a common airspace between the exterior walls of the adjoining Dwelling (each a "Common Wall") and a common roof (each a "Common Roof'). The Common Roof consists of a roofing structure known as a "Cricket." The Cricket shall be a Limited Common Property for the exclusive use of the adjoining Parcels and shall be maintained jointly by the adjacent Parcel Owners. Other than the Cricket section of a Common Roof, the roof structure for each Dwelling, including all gutters and down spouts located within the Owner's Parcel, shall be part of the Parcel to be maintained by the Parcel Owner. Each adjoining Parcel shall have all necessary easements of support, easements for repairs and maintenance and rights of encroachments required to maintain, repair and/or reconstruct the Common Walls and Common Roofs. In the event of damage or destruction of the Common Wall or Common Roof from any cause whatsoever, other than the negligence or willful misconduct of an Owner thereto, each Owner shall promptly repair or reconstruct that portion of the Common Wall or Common Roof lying within the Owner's Parcel. Each Owner shall have the right to full use of said Common Wall and Common Roof lying within the Owner's Parcel, including that portion of the Common Wall or Common Roof so repaired or rebuilt. If an Owner's negligence or willful misconduct causes damage or destruction of said Common Wall or Common Roof, the Owner guilty of such negligence or willful misconduct shall be liable to the adjacent Owner for the entire cost of such repair or reconstruction. 16,10 Easements for Electric Meters, Telephone, Communication Cables and Connections. Each 38 of the adjacent Dwellings shall have a reciprocal easement for the installation of utility lines, including electric, telephone, communication cables for television, internet access and similar communications and for the placement of electric meters by the utility provider. The Declarant shall designate one of the adjacent Dwellings for the purpose of installing two electric meters for the adjacent Dwellings and for establishing a demarcation point from which to run communication cables for the adjacent Dwelling. The Parcel having the Dwelling with the electric meter installed on the adjacent Dwelling shall have a continuing easement necessary for the use, replacement, maintenance and other necessary accommodations for the electric meter over, across, and under the adjacent Parcel, including the area designated by Declarant for the location of the electric meter for the Parcels. ARTICLE 17 GENERAL PROVISIONS 17.1 Constructive Notice and Acceptance. Every person who owns, occupies or acquires any right, title, estate or interest in or to any Parcel, or other portion of Park Village shall be conclusively deemed to have consented and agreed to every limitation, restriction, easement, reservation, condition and covenant contained herein, whether or not any reference hereto is contained herein, whether or not any referenced hereto is contained in the instrument by which such person acquired an interest in such Parcel or other property within Park Village. 17.2 Duration. The covenants, conditions and restrictions of this Declaration shall run with and bind the Land, Parcels in Park Village and shall be enforceable by the Association or any Owner, their respective legal representatives, heirs, successors, and assigns, for a term of the Ground Lease Agreement. 17.3 Amendments. This Declaration may be amended by Declarant unilaterally from time to time and at anytime and without the joinder of any Owner: (a) to accomplish any of the purposes or objectives set forth in this Declaration; and/or (b) to correct any scrivener's errors. This Declaration also may be amended with the written consent not less than sixty-seven percent (67%) of the Owners and the approval by Institutional Lenders holding at least sixty-seven percent (67%) of the mortgages on Parcels in Park Village; provided, however, that no amendment shall be enforceable against Declarant so long as Declarant owns any Lot or Parcel within Park Village, unless Declarant has consented in writing to such amendment, and (c) no amendment shall materially and adversely affect any provision granting easements or permitting encroachments or any provision concerning Institutional Lenders without a majority consent of all Institutional Lenders then having mortgages on Parcels. Each amendment shall be recorded in the Public Records of Monroe County, Florida. Notwithstanding any other provision of this Declaration, no amendment shall be effective until approved by Monroe County as provided in Section 12.01 of the Ground Lease Agreement. 17.4 Covenants Running with the Land. Anything herein to the contrary notwithstanding, the covenants, conditions, restrictions and easements of this Declaration shall be covenants running with the land. If any provision or application of this Declaration would prevent this Declaration from running with the land as aforesaid, such provision and/or application shall be judicially modified, if possible, to reflect the intent of such provision or application and then shall be enforced in a manner allowing the covenants, conditions, restrictions and easements to so run with the land. In the event that any such provision and/or application cannot be so modified, such provision and/or application shall be unenforceable and considered null and void in order that the paramount goal of the covenants, conditions, restrictions and easements hereof running with the land shall be achieved. 39 17.5 Enforcement; No Waiver. Any Owner, including the Declarant, and the Association shall have the right to enforce the provisions of this Declaration by any proceeding at law or in equity against any person(s) or entity(ies) as follows: A. For violating or attempting to violate any covenant or restriction, either to restrain such violation, to recover damages or to enforce performance and against the applicable Lot and/or Parcel to enforce any lien created herein; B. The result of every act or omission whereby any of the covenants contained in this Declaration or the By -Laws are violated in whole or in part is hereby declared to be and does constitute a nuisance, and every remedy allowed by law or equity with respect to nuisances either public or private shall be applicable and may be exercised by Declarant, Association or Owners; C. Remedies herein provided for breach of the covenants contained in this Declaration or the By -Laws shall be deemed cumulative, and none of such remedies shall be deemed exclusive; D. The failure by Declarant, Association or any Owner to enforce the provisions of this Declaration shall in no event be deemed a waiver of the right to do so thereafter; E. Where litigation shall occur to enforce said provisions or to recover damages or to en- force any lien created herein, the prevailing party in such litigation shall be entitled to recover court costs and reasonable attorneys' fees, including court costs and reasonable attorneys' fees in any appellate proceeding; and F. A breach of the covenants, conditions or restrictions contained in this Declaration or in the By -Laws shall not affect or impair the lien or charge of any mortgage made in good faith and for value on any Parcel and/or Dwelling; provided, however, that any subsequent Owner of such Parcel and/or Dwelling shall be bound by said covenants, whether such Owner's title was acquired by foreclosure sale or otherwise. 17.6 Severability. Invalidation of any portion of this Declaration by judgment, court order or statute shall in no way affect any other provisions which shall remain in full force and effect. 17.7 Gender and Plurals. The use in this Declaration of the male gender shall include the female and neuter, and the use of the singular shall include the plural and vice versa, as the context requires. 17.8 Notices. Any notice required to be sent hereunder shall be deemed to have been properly sent when delivered or mailed, postage prepaid, to the last known address of the Owner or other addressee on the records of the Association at the time of such mailing. 17.9 Exhibits. The following exhibits are attached to this Declaration: Exhibit A - Legal Description of Property Exhibit B-1 - Park Village Lot Layout Plan Exhibit B-2 - Swale and Fence Plan Exhibit B-3 - Cricket Plan. [Signature follows on next page.] 40 IN WITNESS WHEREOF, the undersigned have executed this Declaration on this � 3day of March, 2007. PARK VILLAGE, LLC, a Florida limited liability company By: OLD TOWN KEY WEST DEVELOPMENT, LTD., a Florida limited partnership, as Manager of PARK VILLAGE, LLC Edwin O. Swift, III, General Partner STATE OF FLORIDA ) COUNTY OF MONROE ) BEFORE ME, a Notary Public, personally appeared Edwin O. Swift, III, as general partner of OLD TOWN KEY WEST DEVELOPMENT, LTD., a Florida limited partnership, as Manager of Park Village, LLC, a Florida limited liability company, who did acknowledge before me that he executed the foregoing instrument for the uses and purposes therein set forth, for and on behalf of said limited liability company. He is personally known to me and did not take an oath. IN WITNESS WHEREOF, I have hereunto set my hand and official seal at the county and state aforesaid, this -3 day of March, 2007. NOTARY PUB C, Sta a of Florida at Large My commission expires: •Nar "n-) uuipuog apuepv nnLL papucq 60OZ `VZ 'IMV :SatidX ZS9T0GCI# UOISSWWOD flemm&V )6uuN W 41 CONSENT AND JOINDER OF MORTGAGEE ORION BANK, a Florida banking corporation, being the owner and holder of the mortgage liens encumbering the parcel of real property described in the foregoing Declaration, viz., that certain Mortgage and Security Agreement, as recorded in Official Records Book 2242 at Page 807 and that certain UCC-1 Financing Statement, as recorded in Official Records Book 2242 at Page 83 5, Public Records of Monroe County, Florida, hereby consents to and joins in the filing of the Declaration for the purpose of subordinating the foregoing to the Declaration. )-'k This consent of Mortgagee is executed this clay of March, 2007. Witnesses: i STATE OF FLOR A ) SS: COUNTY OF 190rirn,& ) ORION BANK, a Florida banking corporation By: as Sr. Vice President Before me personally appeared b � P u, eO - �tn � � , as Vice President of ORION BANK, a Florida banking corporation )0 to me known to & the individual described in, or O who produced a Florida driver's license for identificafioh, and ( ) did ( ) did not take an oath. WITNESS, my hand and official seal, this -4 day of March, 2007. V ANomryPublic, State of Florida at •ge My Commission expires: '2. /� r WDOW N0" ft" l ink - irr d F AA • My twTe. E00 M It >fA s G'orm*to WM Bonded Ex (�aMM MoM� Ire. 42 CONSENT OF MONROE COVNTV, FLORIDA MONROE COUNTY, FLORIDA, being the Landlord under that certain 99-year Ground Lease Agreement (the "Ground Lease Agreement") between Declarant and Monroe County, which Ground Lease Agreement has been recorded in Official Records Book 2242 at Page 754, Public Records of Monroe County, Florida, hereby consents to the filing of the Declaration for the purpose ofapproving the terms and miditions as set forth in the Declaration as being consistent with the terms and conditions of the Ground Lease Agreement. This Consent of Monroe County, Florida is executed this _ day of April, 2007, MONROE COUNTY, FLORIDA By: Attest: DANNY L. KOLHAGE, CLERK By: Deputy Clerk STATE OF FLORIDA COUNTY OF MONROE) Mario Di Gennaro, as Mayor MONROE COUNTY ATTORNEY APP VED AS TO NNE1A. WfTTON GOON I �')'l t P, JqEY Before me personally appeared Mario Di Germaro, as Mayor of Monroe County, Florida, a Florida politil subdivision ( ) to me known to be the individual described in, or (),who produced a Florida driver's license for identification, and () did ( ) did not take an oath. WITNESS, my liand and official seal, this My Commission expires: STATE OF FLORIDA ) COUNTY OF MONROE) day of April, .2007. Notary Public, State of Florida at Large Before me personally appeared as deputy c1crk of Monroe County, Florida, a Florida political subdivision ( ) to me known to be the individual described in, or () who produced a Florida driver's license for identification, and () did () did not take an oath. WITNESS, my hand and official seal, this My Commission expires: 14100D, 1% 43 day of April, 2007. Notary Public, State of Florida at Large LEGAL DESCRIPTION L ft 1-15, holutina of Block 2 of din AMMMED PLAT UNCOLN MANOR EVATi3$, Mmk l*l" Mama Cowly, Florid& aoaording to *a Pld dwrao$ a m=dW is PtA Book 5, Pale 62, of ft Public Rwo ds aiMa� Comfy, Fk ddL Im m z D I< .2 nm V r_ v D o (D m V rn ° a 0 Cross Street . I # 2 �. IE I 1�1 Ili n I ti #12 V l I I i$yio � � 2 I I m # 13 I € �° m# 14 I I g r m l o # 15 I # 16 o i I i CO Q m # 17 w # 18 I 41 l I �I I a # 19 I x = ° m in # 20 I D O � N �3 ML Z D m� n s p PARK o. �: VILLAGE s• :D g A � °� � Ig �g� o '. � •� z - Rv n l si t — �gm I m W n V x s ¢ m_M m3 N] ail - m 14 v ax 15 3 d 6 RL r c, LF M ]S o x 2627 I d3og q 1] I I rc g S 6 R x - yI, I yy PARK VILLAGE T _I .. - Jltt:isis •: �.. ..................:.:.:.:...:. -