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Home My WebLink AboutC. Bulk Approvals BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: June 20, 2007 Division: Airports Bulk Item: Yes X No Department: Florida Keys Marathon Airport Staff Contact Person: James R. "Reggie" Paros/289-6002 AGENDA ITEM WORDING: Approval of Renewal Agreement with Synagro Southeast, Inc. for operation and maintenance of the sewage treatment plant at the Florida Keys Marathon Airport ITEM BACKGROUND: The current agreement with Synagro Southeast, Inc., for the operation and maintenance of the sewage treatment plant at the Florida Keys Marathon Airport, will expire June 30,2007. The agreement includes an option to renew after the first year, and each succeeding year, for two additional one year periods. It also provides for the amount to be adjusted annually in accordance with the percentage change in the Consumer Price Index for all urban consumers. We are requesting to exercise the first of two one-year renewal options in accordance with Section 2 of the original contract dated August 16, 2006, and adjust the contract amount in accordance with the percentage change in the CPI-U for the most recent twelve months available (3.2%). PREVIOUS RELEVANT BOCC ACTION: On August 16, 2006, Board approved an agreement with Synagro Southeast, Inc. for the operation and maintenance of the Marathon Airport Terminal Sewage Plant. CONTRACT/AGREEMENT CHANGES: The term of the renewed agreement will commence on July 1,2007 and terminate on June 30, 2008. The operation and maintenance charges will increase 3.2%. STAFF RECOMMENDATIONS: Approval TOTAL COST: $7,365.36 plus costs not to exceed BUDGETED: Yes X No $9,000 annually for repairs and special tasks materials and chemicals of a non-recurring nature COST TO COUNTY: Same as above Airport User Fees and SOURCE OF FUNDS: Tenant Rents REVENUE PRODUCING: Yes No NI A AMOUNT PER MONTH Year APPROVED BY: County Attorney YES OMB/Purchasing YES Risk Management YES DOCUMENTA TION: Included X NotRequired_ DISPOSITION: AGENDA ITEM # CONTRACT SUMMARY Contract # Contract with: Synagro Southeast. Inc. Effective Date: July 1, 200 Expiration Date: June 30, 2008 Contract Purpose/Description: Renewal Agreement for operation and maintenance of the Marathon Airport Terminal Sewage Treatment Plant Contract Manager: James R. Paros (Name) 6002 (Ext. ) IVlarathon Airport/Stop 15 (Department) for BOCC meeting on 6/20/07 Agenda Deadline: 6/5/07 CONTRACT COSTS Total Dollar Value of Contract: $7.365.36 and Current Y car Portion: $1,874.34 costs not to exceed $9.000 annually for repairs. and special tasks materials and chemicals of a non-recurring nature Budgeted? Yes[g] No D Account Codes: -63501-530340- Grant: County Match: ADDITIONAL COSTS Estimated Ongoing Costs: $_/yr For: (Not included in dollar value above) (eg. maintenance, ulilities, janitorial, salaries, etc.) CONTRACT REVIEW Division Director Date Out # S~(~"~7 -uPo; s-/r=r(o:r RENEW AL AGREEMENT SYNAGRO SOUTHEAST, INC. Operation .'lnd Maintenance Sewage Treatment Plant Florida Keys Marathon Airport THIS Renewal is made and entered into this 20th day of June, 2007, between MONROE COUNTY, FLORIDA and SYNAGRO SOUTHEAST, INC., in order to renew the agreement between the parties dated August 16, 2006 (a copy of which is incorporated hereto by reference) as follows: 1. Exercise the first of two one-year renewal options in accordance to Section 2 of the original contract dated August 16, 2006, 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 Operation and Maintenance charges shall increase 3.2% from $594.75 per month to $613.78 per month. 3. The term of the renewed agreement will commence on July 1, 2007 and terminate June 30, 2008. 4. In all other respects, the original agreement between the parties dated August 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. Attest: DANNY L. KOLHAGE, CLERK BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: ( Depu; Cle~k .< ,f-h, /i;,_ i'~/j /(l. .// .,,;~ -/ (d d' ,/r, II.I",'//. Witness &J~ !J~ Wfness SYNAGRO SOUTHEAST, INe. ..o~ 0~? By: L --;( .;/~ ~ Title: .S /L cJ/o.-;J(/-~ /7 "7.'/.... -'L._ ROE COUNTY ATTORNEY p~re.Fp CYNTHIA L. HAL: ASSIS ANI.n9rU~TY ATTORNEY Date__~. ( Or .\( ;HFE:\tF'\T Tbl<. A'!r2,-,ment is made anJ L'l1tered into this 16" day OfAJ.Igusf._. 2006, between the HOAJ"\.D OF (:t )1'~ 1 Y ('()MMlc:..')IO\IRS OF MO.\ROE ('01 SlY, FLORIDA, hereinafter ri~L.rrcd to as "J:joarc!' or '.(ounty," and SY";.,\( iRO SUUTHEA\ r, INC ) hereinafter referred to as "PrOVider" or "("untractor". \\}I1 .:.([.AS, the l\llll1ty cL."<\rcs to obtain the services of the Provider for operation and 1l:~link:1ance 01 the ',cwa~,'~: treatllli.:nt plant at the Marathon /\irpor1, now, therefor,.::, ll\ C()\SILJLi~\'rIO'( ofthe mutual promises and covendnts contained berein, It is agreed as ff! I 1 t) '.\ 1. AMOL'\T 01, ,\(;H.FEl\IEI\'T. The Board, in cowideration of the Provider sub,'~:nt:~lly and sali, r~lctorily perti 'lllnng the scope of serVices uncleI' para';raph 4, shall pay to the Pro" :der t:)i.,; ,,1m of ~l'ven Thousand One Hundred Thirty-~cven Dollars (~""7, 13 7.00) annually, and cae" r~' ,t tu excei.:d ~;C),UOO annually, for repairs and special tasks materials and chem.tcals of a non- :'::l:urrln" nature. 2. TLI~'1. Thi.; Al:reement shall be for a period one (1) year, commenclJ1g July 1,2006 and temlJ1ldti:L' June .)11, 20(j7. The Guard shall have the option to renew this ::lgreement an,.:r th~ first year and :;,,,11 '~c:cv:ding year, for two additIOnal onc year penoels. The c()ntract amount agreed to herein might be clJiwLcl ;'11l1uaIJy in accordance with the percenta~'c chanr:c in the Consumer Price Index for all urhan consumers (CPT -I ) for the most recent twelve (12) months avallable. 3. P'\YMF'\T. Payment of the sum provided In pal:wraph 1 will be paiu penodlcally, )'11 no more ll.:quenlly thzm monlhly as hereinafter set forth. Reimbursement requests wtll be <uhmlttec1to the Board via the Marathon AlrpOli Office. The County sha1l only reimhur';(, subjecllo :l,..; i :ukd ::ltJ10unl'~ below, those rciclbursahlc expenses which arc rcvleweu and approved by both lh~ An'port \;lana,'ement and the Financc Oftlce CIS being 111 compliance with state statute's. )vldenL': of jH\Ilcnt by the Provider shall be in the foml 0[' a letter, summarizing the expenses, with supp,!r1.'I1g documentation attached. The lelter should conta1l1 a certificatIon statement as well as a notary stamp and signature Alternatively, reimbursable expenses may be handled by Provider's :L:pplier:s direct-billlnL' the County. Arter the Clerk of the Board exam1l1es and approves the request for reimbur;crnent, the Board shall reimburse the ProVider Howe\er, the total of said reimbursement expense payments in the cl:;~r(~."dk;um shall not exclul Lhe total amount of $9,000.00 per year. 4. SCOPE OF SERVICES. The Provider, [or lhc consideralion named, eovenanls and a:D~'~ WIth tile Board to substantially and satlsfactorily perConn the opercrtion and mamtenance ol'thc Mil! :clhon AIrport Temlinal Sewage Treatment Plant 5. INDEPENDE~T COKfRACTOR. At all and for alJ purposes hereunder, the Provider is an Il1clependent contractor and not an employee of the Board of rl lunty Commissioners for MOilloe County. '\fa statement contained in this agreement shalJ be construed so as to find the Provider or any of its employees, contractors, servants or agents to be employees of the Board. 6. 1:L\.LltA.\'( 'F. Frior to executi(ln ofthi':) Jgreernent, and mainldined throughout the life of tI,l: contract, th~~ contractur shall fum!sb to the Owner CcrtifIcak~ of llNn-ance indicatinc1 the b mll1imum cover~l~--: limitations as li~;lL'd below: A. (;l:'lIeral Liability - include as a minimum: Premises Operations, Products and Completed Uperatiu;ls. Blanket Contractual Liability. PersunalInjury Liability, Fxpanded Definition of Prorerty JJJf1lage. li,,_' lWlIimum limits acceptable shall be $300,000 Combined Smgle Limit. If c:,plit limIt; are providrco the minimum limits dcceptablc shall be: S 100,000 per person; ')lO(I,UOO per Occurrence; and $50,000 Property Damage. An Occurrence Fonn policy is preferred. If coverage is provlded on a Claims Made Policy, its provi:-ions should mclucle coverage for claims tiled on or aCler the effectlve elate of this C()IHlJel. In addltion, the period for which claims may be r,.:ported should extend for a minimum of twelve months following the acceptance of work by the County. nl~ \!onroe County Board of County Cummissioners shall be named as Additional Insured on all pO\iCl-':..; Issued to satisfy the above requirements B Vehicle Liability - include as a minimum: Owned. ~on-Owned, and Hired Vt'llicles The minimum limIts acceptable shall be $100,000 Combined Single Limit. If'1pllt limits are provldec!. the minimum lImits acceptable shall be $50,000 rcr Person; $1 UO,OOO per Occunencc: and $25.0()0 Property Damage. The :VJunrol: County Board of County C'nmmissioners shall be named as Additional Insured on all p()Jicies issued to satisfy the above requiremenls B. \Vor},ers Compensation - limit::; sufficient to respond to Florida Statute 440. In additton, the Contractor shall obtain Employers' Lldi)llity Insurance with limits of not less tban $100,000 Bodily Injury by Accident; S50().0()O Bodily Injury by Disease, policy limIts; $100,000 Bodily Injury by Disease, each employee. Coveragl' shall be provided by a company or compani:_'s authorized to trans3ct businl:::is ll1 the Static; of Florida and the company or companies must maintall1 a minimum rating 0 f A- VI, as assi!p1ed by the AM. Best Company. If tbe Contractor has been approved by Florida's Department of Labor, as an authOrized s:lf-insurer, the County shall recognize and honor tbe Contractor's status. The Contractor may be required to submit a Letter of Authorization i~:sued by the Department of Labor and Certificak uflnsurance, providing details on the Contractor's Excess Insurance Program. If the Contractor patilcipates in a self-insurance rund, a Certificate of Insurance wLlI be required. In addition, the contractor may be required to submit updated financial stakrnents from the fund upon request from the County. C. Pollution Liability - The minimum limits of liability shall be: $500,000 per Occurrence/$l ,000,000 Aggregate If coverage is provided on a claims made basis, an extended claims repoliin\!, period of four (4) years will be required. 7. GOVERNING LA \V~. Governing Law, Venue, Interpretation, Costs, and Fees ThlS .\gn..:L:ment shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be perfom1ed entirely in the State. 2 In the C\'c;ut that any cause uf action or administrative proceeding is instituted [or the enforcement or mterpretation of this Agreement, the County and Contractor agree that venue will lie in the apprupriate court or before the appropliate admini:.;trative body in Monroe County, Fkmda. The: County and Contractor agr("'~ that, in the event of conflicting interpretations of the tcans or a L:Jll of this Aglt:t::mcnt by or between any of them the is:;ue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. I)."" L \T. RABIL ny. If any [;.'1m, covenant, condition or provi~ion of this A~'lccment (or thc ;\Pp!i.~:ltJOn thereof to any circumstance or person) shal.l be declared inv.Llid or unenh)fL;~able to any CX'.U1t :lY a court of competent JurisdictiuIl. the remaining tenns, COVI_'ll::mtS, conditions ,me! provisions of this A~)JL'cmCnL. shall 110t be affected thereby; and eJeh remaining tenn, C(lVenant, con,)Jion and p[L)\"i~;i( I~l ()f tl;is Agreement shall be valid and shall be enforceable to the fullest extent pennitted by law unl,-'.;:; the enCorcement of the remaining tem1s, covenailt..:. conditions and provisions of this .\fT~'~ll1_'ill would prevent the accomplishment of the original intent of this Agreement. The County Jnr! ( :ontractor agree to refom1 the Agreement to replace any stricken provision wlth a valid provIsion lJut comc-, as c!02i,-, as possible to the intent of the stricken provision. lJ. ATTOIZ"'-a:Y'S FEES AND COSTS. The County and r:ontractor agrce CUI. in the event any cause of dl'Uon or admimstratlve proceeding is initiated nr dckndcd by any party relative to the CI1:~'rcem:~nt or interpretation of this Agreement, the prevailmg pal1y shall be entitled to re;,,"onable atlnmcy's fees, court costs, investigativc and out-of-pocket expenses, as 3n award LlgCiinst the 11011- pl'.':V:~lll1::' parry. alld shall include attomey's fees, courts costs, investigative, and out-of-pocket :::;x p2:1seS in appeJlJte proceedin~'o;. Mediation proceedings 111ltiated and conducted pursuant to this A~'.rccment shall be in accordance with the Florida Rules of \ ivil Procedure and usual and customary proccdur;;s reqUired by the circuit court of Monroe County. 10 BINDI:\TG EI<FECT. The tenns, covenants, conditions, and provisions of this A"xeement shall bind and inure to the benefit of the County and Contractor and their respective legal repL:;cntative:;. 2iuccessors, and assib'l1s. 11. ALTHORITY. Each party reprL'scnts and WZi.1Tants to the other that the executIOn, ccliveri Jnd performz\t1c:..; of this /\grecment have been duly authorized by all necessary C()unty and corporate actIOn, as required by law. 12. 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 appllcations, requests, grant proposals, and funding soliCltatLOns shall be approved by each party pr-ior to submission. 13. ADJUDICATION OF DISPlfTES OR DISAGRFF.VIENTS. County and Cuntractor agree that all disputes and disagreements shall be attempted to be resolved by meet and. confer sessions between representatives of each of the patiies. If no resolution can be agreed upon within 30 days after the first meet and confer session, the issue or issues shall be discussed at a public meeting of the Board of County Commissioners, If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this A~':feement or by Florida law. L4. COOPFRATIO>'- In the event any administrative or kg-at proceedin:~ is instituted against either party relating to the fonnation, execution, performance, or breach of this Agreement, County and Cuntractor agree to participate, to the extent required by the other party, in all proceedings, be:mngs, 3 proCC:::::-i"':S, I1lcctin!:>, and other activities related to the substance of this Ag:\;ement or provision of the services und~T th1S Agreement. County and Contractor specifically agree tklt no party to tIllS Agreement shall be required to enter l!1to any arbitratlOn proceedings related to this AgIl"cment. 15. );O:'\J>ISC!{L\1IN.\T[():'\'. County and Contractor agree that there will be no uLc;crimination :lgainst allY per-iOn, and it is expres:-ily understood that upon a determination by a court :{ competent junsrliction that discrimination has occLrrecl, this Agreement automatically tC1l11inatc' \\-itlluut any further actIon on the part of any party, eft',:ctive the uate of the court order. County or Contractor a':;,.,'I,: to comply with all T'ederal and Florida statutes, and all local ordlnances, as TPltcabk Tt~hting to nondiscrimination These include; but are not ]imtted to: 1) Title VI of the Civil Rt~'l:l') Act (If ] 964 (PI S0-352) which prohibits discrimination on the oasis of race, color or national ongm; 2) Title 1\ oftll.e Education Amendment of 1972, as amended (20 F"i(: ss ]681-1683, and 16h5-1(86), which prohibits discrimination on the basis of sex; 3) SectIon 504 of the l\chabIliLltion Act of I 9~J, as amended (20 1,.'-)(: s. 794), which prohibits discrilllll1ation on the basi~, "~to handicaps; 4) The Age Discrimin<ltiun Act 01 1975, as amended (42 ISC ss. 61 [I] - 61 U') which ;lwbbi:<.; discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL ';l2-L~S), ,h amelHLd, relating to nondiscrimll1ation on the b~L-iis of drug <lbuse; 6) The ComprehensIve Alcohol AhU-ic and Alcoholism PreventiCln, Treatment and Rehabilitation Act 0 f 1970 (PL 91-(16), as llllcnucil. relating to nondiscriminatlOn on the basis of <llcohol abuse or alcoholism; 7) The Public 1 ka:lh Sclvice Act of 1912, ss 523 and 527 (42 l JS( , ss. 690dd-3 and 2iJUee-3), as amended, relatin,~ ~l) cl\Ilfidcntiallty of alcohol and dnq' abusc patent records; 8) Title VIH of the Civil Rights Act:)f 1 %R (42 l'SC s et seq), as amendeJ, relating to nondiscrimination 1I1 the ';ale, rental or financing of houe,ili'"'; 9) The Amencans with Ui:;abillties Act of 19()O (42 CSC s. 1201 ~()te), as maybe Zlmendcd [.[\)111 tune to t~ltlC, relating to nondiscrimination on the basis of dlsability; 10) Sections 13-101, et seq, Monroe (''''mty Code, re]atmg to discrimination based on race, color, sex, religion, disability, n~ltional ori::?;in, ancestry, sexual orientation, :'.'cndcr identity or expressi0n, familial status or age, 1 ]) Any other nCJlldn:rimination provisions in any Federal or state statutes which may app Iy to the parties to, or the subject matter of, this Agreement 16. (:OVF~ANT OF NO INTEREST. County and Contractor covenant that neither pLocntly has any interest, and shall not acquire any interest, vvhich would conOict ll1 any manner or def)c\.: with its performance under this Agreement, and that only interest of e3.ch IS to perfonn and L'Ci..:\Ve benefits as reCIted in this Agreement. 17. CODE OF ETHICS County Zlgrees that officers and employees of the County reco~nile and WII] be required to comply WIth the standards of conduct for public officers and employees as delineated in Section 112.313, Flonda Statutes, rcsa.rding, but not limited to, soliCitation or acceptance of gifts; doing busincss with one'" ZlgcnCY; unauthorized compensation; misuse of publ1c posJtion, conflicting employment or contractual rdationship; and disclosure or use of certain information. 18. NO SOLICITATION/PAYMENT. The County cmd Contractor w8ITanl that, in respect to itself, it has ne1ther 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 fim1, other than a bona fide employee working solely for It, any fcc, commission, percentagl" 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 tem1inate this Agreement without liability and, Jt its discretion, to offset from monies owed, or othervvise recover, the full amount of such fee, eonmllssion, percentage, gift, or consideration. 4 19. Rl'BUC i.~.L_r~>S. Th" County and Contractor shall allow and pcnnit reasol:...h]e ac:.~~,;,; to, and inspection of, all JOCLl1l1ent". papers, letters or other materials in its pC'sscs;;ion 1);- unlleT its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by lhe ('ount,; and Contractor in conjunction with this Agreement; and the County shall have the ric:Lt to unilatn;.Jly cancel this Agreement upon violation of this provision by Contractor. 20. 1\ON-\V,\1 VEl{. OF L\ L\ I L\fTY. ~\otwithstanding he provisions of Sec. 286.28, [lllrida Statutes, the participation of the: (:()unty and the Contractor in this Agreement and the aCLJuisition of any corn:r:<..:rcial liability insurance UJVer:ige, self-insurance covepgc..:, or local !=llvc:-nment liabllii,,: m:;urance pool coverage shall not be deemed a wai\l"[ of immunity to the extent of liability Co\'~.!-,U'C, nor shall any contract entered into by the County be required to contain any provision for waiver. 21. 1'IUVLEGES A.'\IJ 1.\L\1l'~ITlES. All of the privileges and imrmmities from liability, ex,~!Jlptioos from law,;, ordll1anc<..:~~ and rules and pensIOns and relief, dis:\bility, \\urKcrs' cnmpen',J.tion, and other bCII_'llt? which apply to the activity of officers, ap"':llts, or cmploy_",::-: of any public Zlgcnts or employ,;:...:; of the (\Iunty, Wh';l1 pt:r[orming their respective functions under this Agrcclllcnt Within th(~ krritorial limits of the rounty shall apply to the scun.: degree and extent to the performance of such functions and duties of such officers, ai"_:nts, volunteers, or employees outside the territorial hmits of the County. 22. LEGAL ()1:Ll<...~,\TI< ~:\S A;\TD RESP01\SIBILITIFS: ~on-DeJ:'.'dtlon of (uoslltutlOnal or Statutory Duties. This A.s'Teement is not intended to, nor~h~ll\ It be const[11...:J as, relievlng any participating entity fTom any obligation or responsibility imposcd upon the entity by law except to tbe extent of Clctual zlIld timdy performance thereof by any partlcipatJD:C: entity, in which case the pcrfonaance may be oClcrcd in :oZltisfaction of the obligation or responsIbility 1:<\lllhel-. this Agp'CI:1ent is not intended to, nor shall it be construed as, authorizing the delegation of the cO;l:)~itutional or statutory duties of the County, except to the extent permitted by the Florida constitution, state statute, and CZlSC law 23. ~ON-RELIANCE BY '\'ON-P ARTlES ~() person or entity shall be entitled to rely upon the Lcnns, or any of thern, of this A~~cL'ment 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 Cllntractor ,E':ree that neither the County nor the Contractor or any agent, offlcer, or employee of either shall have cl:c authonty to illfmm, counsel, or otherwise ll1dicate that any paliicular indIvidual or group of indi vicluals, entity or entitles, have entitlements or benefits under this Agreement separate and apart, infcnor to, or snperior to the community in general or for the purposes contemplated in thIS Agreclm;nt. 24. ATTEST A TIONS. 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. 25. NO PERSONAL LIAlllLITY. 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 sball be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 26. l'<:X.fCUTIO~!~ COLi\;TFRl'l\Hj'Ci. This Agreern.ent may be executtJI in any number of counterparts, each of which shall be regarded as an original, ~1l1 of WlllCh taken ll'''':' h,:r 5 shall constitute onc and the same instrument and Zlny of the parties hereto may execute this Agreement by :-.i[l,~,'ing any such cOllilterflart. 27. SL(~ 10'\ IlEAIlI>';CS. Section heading'; have been inserted in this Agreement as a matter of convenienc,; of reference only, and it is agreed that such sectIOn headings are not a part or this ;\~r -':;l'menl and will not be used in the interpretatIon of any provision ot '_his /\grreemcnt 28. I.'\DL\I~IFY.II()LI) HARMLESS. Contractor agrees to indemnify and save Count\' hann\...;~,'; from and against all clalms and actions and expenses incidental thereto, an sing out 01 dam;1:~f':; or claim" fur uanl1gcs r,:~ulLI!lF Crom the negligence of Contractor, its a.gents, or employees \\hlc C'nntractor is pcrfomling the operation and maintenance of the Marathon Airport Temlinal SL:'.'.'a~c TrcZltmcnt Plant. Howner, Contractor shall not be liable for any claims, actions or cxremc~ which Zlrise from the negligent or intentional acts or omissions of the County, its agents or eIllploye::;. Ihe extent of liablhty is in no way limited to, reduced, or lessened by the insurclI1ce requirements contained eb:where WIthin this ab'Teement. 11). AS,SlR\:\CE AGAINST DISCRIMIX\TIO.'\'. The Contractor shall not discriminate against any person on the basis of race, creed, color, national origm, sex, at'l', or any other characlclistlc or aspect which is not Job related, in its recnlltill~, hinng. prumotin', tenninating, or any otl~er areZl affectlIlg '~Jllployment under this Zlgreement or with the provision of services or goods under this agreement. 30. ASS[G:-JMfVL'SCBCONTIL\CT. The Contractor shall not Zlssign or subcontract its ob:i~rJt]ons umkr thiS c:gTI..;ement, except III writing and with the pnor written approval of the Board of Cuunty Commissioners for Monroe County, which approval shall be subject to such conditions and provisi()n:; as the Bnard may deem ncccssary. This paragrLlph shall be incoflJorated by reference into any cb:;igIlfllcnt or ~ubcontract and any :lssib'1I',~e or subcontrZlctor :;hall comply WIth all of the provl:,inns of this Zlgrl'2Il1ent. Unless expressly provided for therein, such approval shall in no manner or~vc.:t:l be dcemcJ to impose any obligation upon the board in addition to the total agreed-upon price of t:hc >;crvices \;oods of the contractor. 31. F"C2'lDI:\G.\ V A1LABILITY. In the event that funds from tbe Marathon AiflJort Contractual ServIces arc partially reduced or call1lot be obtained or cannot be continued at level sufficient to allow ~(Jr the purchase of the services/goods specified herein, this agTccment may then be tcnninated Immediately at the option of the Board of County Commissioners by written notice of tem1ination delivered in person or by mZlil 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 tennination. 32. PROFESSIONAL RESPONSIBILITY. The Contractor warrants thelt it is authorized by law to engage in the perfomlance 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. 33. COMPLIANCE WITH LAW. 1n providing all services/goods pursuant to this agreement, the contractor shall abide by all statutes, ordinances, rules and regulation pertaining to, or rl..~glllating the provisions of, such services, including those now in effect and hereinafter adopted. Any violation of said statutes, ordinances, rules and regulations shall cODstitute a material breach of this agreement and shall entitle the Board to temlinate this contract immediately upon d.:livcry of written notice of tennination to the contractor. The contractor shall possess 6 proper lic~[ls,,;'.~ to perform work in accordance with these specifications throughout the tcon of this co nLrac 1. 3-t. RF.CORDS. Contractor shall maintain all books, records, and documents directly pertinent to per[om1~lllce under this Agreement in accordance with generally accepted accounting principle:; consistemly a;'pLed. Each party to this Agreement or their authorized representativ,~s shall have reasol1Jhle an.; timely access to such records of each other pJrty to this Agreement for public records P\:i)U~":S durinc; the term of the .\greement and for four years tullowinl~ the terminatlnn of thi:; \errccment It an auditor employed by the ('iJunty or ('lerk lUem11nes thal monies paid to LonlfClctor Pl1h\1:li It t" this .r\;.:tc',:mcl1l were spent for purposes not authorized by this Agreement, the COIllractor ,hall repay tbe monies together with interest calculated pursuant to Sl~C. 55.03, IS. running from the date 01 ~ monies \\-crc pJid to ContrJctor -':;.\10DIII(:,\T10',":...; A:\D <\IVU.:.\n'.ll-:srs. Any and all modiflcalions of tbe :,.:rvic':' anc (Jr relmbursunent Ol~..::rvjces shall be amended by an agreement amendment, which mu: n2 approved in \VntIng by the Goard. 3(" ALTHOIUZLH SIG:"\A TURFS. The signatory for the Provider below, certifies and '.\ ~UTants that: (a) The Providtfs name in this agreement is the full name as designated in its corporate ch:irter, if a corporation, or the full name under which the Provider is authorized to do business in the State Ilf f lorida. (b) He or ..:;he is empowered to act and contract for the Provider; and (c) This agrcl:ment has been approved by the Boan} of DirecLLlrs of the Provider if the PrOVider is a corporation. 37. "OnCE. Any notice required or pem1itted under this agreement shalJ be in writmg and hand-delIvered or mailed, postage pre-paid, by certified mail, retum receipt requcoitcd, to the other party as lullLlws For Board: .'v1arathon <\irport Manager 9400 Overseas Highway \larathon, FL 33050 F0r PrQvidcL Syna~'ro Southeast, Inc 5198 Overseas Highway Marathon, PL 33050 38. E:"\Tl RF. AGREEME:\lT. This agreement constitutes the entLre agreement of the par1ies hereto with respect to the subject matter hereof and supersedes any and all prior a~eemcnts with respect to such subject matter between the Provider and the Board. 39. CANCELLATION. In the event that the Contractor shall be found negllgent in any aspect of plant operation, maintenance, repair or service, the County shall have the right to terminate this agreement afh.T five days written notification to the Provider. Either of the parties hereto may cancel this agreement without cause by giving :nc other party sixty (60) days written notice of its intention to do so. 40. !=ONTINGENCY STATEMENT. Monroe County's perfoDnance and obligation to PRY under this contract is contingent upon an annual appropriation by the Monroe County Board of County Commissioners. 7 .1L rCB1li.: F0 rITY CHI~1E ST/~TL\Ir:~I- A person or affiliate who has been placed on the convicted vendor list fol\owing a cunviction for public entity crime may not submit a bid on a cOlllr,\ct to provide any goods or services to a public entity, may not submit a bid on a contract v\ith a public entity for the constnlction or repair of a public building or public work, may not cdlhmit bids n leCi:;cc; of real property to public entity, may not be awarded or perfonn work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity. and may not lrLtl!<,1ct businc~~ with any public entity in exceSS of the tluc:-;hold amuunt provided in Sec. 287.017, for C'akcory 1\\'\"1 for a period of 36 months from the date 0 f being placed on the convicted vendor lisl. If the Contractor is on the convicted vendor li~;l. then this Contract is void ab mitio wlth the COIJ1;ty under no obligation to pay the Cuntractor any compensation or damages under any legal tbcury w]1atsoever. 42. ETHICS (L.\ t'''' E. The Providt.-T wan.l11ts that he/it has not employed, retained or othef\\i<c had act on hi:".its behall any former ('ounty officer or employee subject to the prohibition of SectIon 2 of Ordmance "-,0. 01O-1l)90 or any County offlcer or employee ll1 violation of Section 3 of Ordinance 1'\0 010-1990. For breach or violation of this provision the County may, in its discretion, terminate this contract without llability and may also, in it:' discretion, deduct from the contract or purcha';c price, or othCI\\ i:.;c recover, the full amount of any fee, coml111ssion, percentage, gift, or consideration paid to the fom1er Cuunty officer or employee. l~i wn:\~'-;s v\IlU~EOF) the partico..; hereto have caused these presents to be executed as of the day and~',~([r fir~l \vritten above. (S1. :"\1;) ,\T[ r:L.;!. iJA:\i'<Y L KOIJ1AGF, ClERK / ",'- /1/ }1\ .= l "( BOARD OF (Ot \!TY C()MMISSIU~~ERS OF MONROE lOll:\ l"Y, [,LURfDA I i. ! ..: I.""~ .' - - - Deputy Clerk By Mayor Challlnal1 Attest SY ~;AGRO sac 1 HEAST, INe -'~ '. By By., Title Title 1, \' ;'.,~-JN,~iOE COUNTY ATTOF1N.EY ~A??ROVF=O ,tJ..S TO FORPk . / / " /. /) /<. './' / ::'., --// (c.;:. ',i . . 7/Nf\ rllE'Ei N E \.:tC~AS-S E~- .ASSIST^~T 9~U~i-'y<,.~TORNEY D.:'"J. ~ e -----!.,J.~..~...-..._:'- :L-:.::_~-.__._,.....,_,._ 8 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: June 20, 2007 Division: Airports Bulk Item: Yes X No Department: Florida Kevs Marathon Airport Staff Contact Person: James R. "Reggie" Paros/289-6002 AGENDA ITEM WORDING: Approval of Assignment and Assumption Agreement of Contract between Synagro Southeast, Inc. and Synagro South, LLC and execution of Consent of Monroe County Board of County Commissioners to Assignment and Assumption ITEM BACKGROUND: Synagro Southeast, Inc. has a contract with Monroe County for the operation and maintenance of the Marathon Airport Terminal Sewage Plant. However, Synagro Southeast, Inc. was merged into Synagro Southwest, Inc., and the company name has been changed to Synagro South, LLC. The attached document assigns the contract for the Marathon Airport to Synagro South, LLC. The Board must consent to the assignment and assumption of the contract between Synagro Southeast, Inc. and Synagro South, LLC. PREVIOUS RELEVANT BOCC ACTION: On August 16, 2006, Board approved Agreement between Monroe county and Synagro Southeast, Inc. for the operation and maintenance of the Marathon Airport Terminal Sewage Plant, effective July 1,2006. CONTRACT/AGREEMENT CHANGES: The agreement for operation and maintenance of the Marathon Airport Terminal Sewage Plant is assigned to Synagro South, LLC. STAFF RECOMMENDATIONS: Approval TOTAL COST: NIA BUDGETED: Yes No COST TO COUNTY: SOURCE OF FUNDS: REVENUE PRODUCING: Yes No X AMOUNT PER MONTH Year APPROVED BY: County Atty YES OMB/Purchasing YES Risk Management YES DOCUMENTA TION: Included X NotRequired_ DISPOSITION: AGENDA ITEM # Revised 8/06 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract # Contract with: Synagro South, LLC Effective Date: June 20, 2007 Expiration Date: Contract Purpose/Description: Assignment and Assumption ofthe contract with Svnagro Southeast, Inc. for operation and maintenance of the Marathon Airport Terminal Sewage Treatment Plant Contract Manager: James R. Paros (Name) 6002 (Ext. ) Marathon Airport/Stop 15 (Department) for BOCC meeting on 6/20/07 Agenda Deadline: 6/5/07 CONTRACT COSTS Total Dollar Value of Contract: $7,365.36 and Current Year Portion: $1,874.34 costs not to exceed $9,000 annually for repairs. and special tasks materials and chemicals of a non-recurring nature Budgeted? Yes[:gJ No 0 Account Codes: -63501-530340-_ Grant: County Match: - ----- ADDITIONAL COSTS Estimated Ongoing Costs: $_/yr For: _ (Not included in dollar value above) (eg. maintenance, utilities, ianitorial, salaries, etc.) CONTRACT REVIEW Date In' Changes Needed YesD NoD Date Ouf Reviewer Division Director ',. Y\I. YesD No[J ~._. ..~. A~, ',< -. ,~ YesD No~ ~'--\~~ /.~)'. .._.:.f 6 . . -.. Risk Manag~meT!t ' . :.:. . -.\ 't\. \1 .",- O~.B./Pur~'h~~ng 51 '!i.t;; , , !J!-"~/,~:'" . ".) . i:h jc . ; ~- (; JJtst County AttQmey ::,.' ''::'' .....:. ,.1 ",''; ~; Comments: .' YesD No[Z] .f,.( I '(.j \ l<k.1"':: I., n, (\ . '. " c 1 ~\.. t >.,)!, ~'- ::,-. I . ,j "- ~ , .>.J ( (t ....+ ,', ....... i . \' \ ~ ( c1 '., '. '... 'I) .( .'.. , I.. ' :~-)( . / .'- 1 u..;'! (, if" I.. OMB Form Revised 9/1 1195 Mep #2 ASSIGNMENT AND ASSUMPTION AGREEMENT OF CONTRACT AND CONSENT OF MONROE COUNTY BOARD OF COUNTY COMMISSIONERS THIS ASSIGNMENT AND ASSUMPTION AGREEMENT OF CONTRACTS (this "Agreement") is made to be effective the 19th day of September 2005, by and between S ynagro Southeast, Inc., a Delaware corporation ("Assignor"), and Synagro South, LLC, formerly known as Synagro South, Inc., a Delaware limited liability company ("Assignee"). WHEREAS, Synagro Technologies, Inc. is the ultimate parent company of both Assignor and Assignee and Assignee is the direct parent company of Assignor; WHEREAS, Assignor has entered into an Agreement, dated August 16, 2006, and all amendments and extensions thereafter, with the Monroe County Board of County Commissioners, for the Operation and Maintenance of the Sewage Treatment Plant at Florida Keys Marathon Airport, Monroe County, Marathon, Florida, which agreement is incorporated herein by this reference (the "Contract"); WHEREAS, Assignor desires to assign and transfer to Assignee all of its right, title and interest in and to the Contract, subject to the terms, conditions, representations, covenants and agreements set forth in this Agreement; WHEREAS, Assignee desires to assume the responsibility and obligation for the performance of all the services and other matters to be performed under the Contract after the date hereof in accordance with the terms set forth herein; and WHEREAS, the Monroe County Board of County Commissioners desires to gIve its consent to such Agreement as required by the Contract. NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth below, Assignor and Assignee agree as follows: 1. Assi,gnment. Assignor hereby assigns transfers and sets over to Assignee, its successors and assigns, .an of its right, title and interest in, to and under the Contract, subject to the terms, covenants, agreements, representations and conditions thereof. 2. Acceptance. Assignee accepts the assignment of the Contract, agrees to be bound by all commitments and obligations required to be performed or complied and any liability directly caused by Assignee as a result of Assignee's defective performance or compliance with such commitments and obligations, regardless of whether the work had been required to be performed by Assignor prior to the assignment. 3. Counterparts. This Agreement may be executed in two counterparts, each of which shaH be deemed an original and which together shall constitute one and the same instrument. IN WITNESS WHEREOF, each party has caused this Agreement to be duly executed and effective as of the date above written. Synagro Southeast, Inc. ("ASSIGN6,R") . ) Tax ID: 74-2924511 I By: _~~'.--~. l\obert C. Boucher, Jr. President By: _<< /".l' '-~i~._~_~:_ ~E<,,;>/ c-c z:. Alvin LThomas II Vice President & Secretary Synagro South, LLC ("ASSIGNBE") Tax ID: 76-0612567 \ j: (. .~. By:_--,_ ~~."---_/- Robert C. Boucher, Jr. President BY:i;>";/"_~/~~'/ . ~/;,-:.,_,.cj __ , Alvin L. Thomas II Vice President & Secretary CONSENT OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS TO ASSIGNMENT AND ASSUMPTION The undersigned hereby consents to the foregoing Assignment and Assumption of the Contract, by and between Assignor and Assignee. Effective as of the 20th day ofJune 2007. [SEAL] BOARD OF COLNTY COMMISSIONERS OF :\10NROE COLI\TY, FLORIDA ATTEST: DA\NY L. KOHLAGE, CLERK By: BY: Deputy Clerk Mario Di Gennaro, Mayor 2 MONROE COUI'-lTY ATTORNEY i\i:lfnOVED.AS TO FORM, ~~~~_~J..~~~- - ~ -- 'CytHHIA L. HALL /\SSI~;T.l\NT COUNTY ATTORNEY :)atc:,_ ---" ~.~_.:.:..'~-~:!_-----_.- A(; RJi'. L'l F:\T -- - This At,rreement is made and entered into this ~~ _ day of ::'\!l?u~t _' 2006, between the BOARlJ OF COUNTY COMMJSSIONFRS OF MONROE COl:i','TY, 1 LORIDA, hereinafter refened to as "Board" or "County," and SY:iAGRO SOLTHEAST, 1:\(:., hereinafter refeued to as "Provider" or "Contractor" WHEREAS, the County desires to obtain the services of the Provider for operation and maintenance of the sewage treatment plant at the Marathon Airport, now, therefore, r:-\ C01'\SIDERATIOi\ of the mutual promises and covenants contained herein, it is agreed as follows: 1. AMOUNT OF AGREEMENT. The Board, in consideration of the Provider suhstantially and satisfactorily perf o 1111 ing the scope of services unckr paragraph 4, shall pay to the Provider the sum of Seven Thousand One Hundred Thirty-seven Dollars ($7,137.00) annually, and costs not to exceed $9,000 annually, for repairs and special tasks materials and chemicals of a non- recuning nature. 2. TERM. This Agreement shall be for a period one (1) year, commencing July 1,2006 and temlll1ating J LIne 30, 2007. The Board 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 hI:..' adjuslcd (\nTIually 111 accordance with the percentage change in the Consumer Price Index for all urban consumers (CPI-U) for the most recent twelve (12) months available. 3. PAYME.I\T. Payment of the sum provided in paragraph 1 will be paid periodically, but no more frequently than monthly as hereinafter set fOl1h. Reimbursement requests will be submitted to the Board via the Marathon Airport Office. The County shall only reimburse, subject to the tllt:ded arnounts below, those reinlbursable expenses which arc reviewed and approved hy both the AlrplJl1 Management and the Finance Offlce as being in compliance with st{\tc statuks. I-vidence of payment by the Provider shall be in the form of a Jetter, summarizin~~ the expenses, Wltl1 supporting documc.:ntation attached. The letter should contain a certification :otateml"lll as well (\<; a notary stamp and signature. Altematively, reimbursable expenslcs may be handled by Provider's SUppllCl' direct-billing the County. After the Ckrk of the Board examines and approves the rCCjuest for reJclbur.~cmellt, the Board .:;1tcdl reimburse the Provider. However, the total of said reimburscment expense pa~ ments in tll'_' :l~'l':c.:::"~Jt,,; sum :,hall not excc'cel the total amount of $9,000.IJO per year. 4. S( OPE 01-" SLR VIeLS. The Providcr for he consideration nam~J, CO\'_':1an'::: and 2:0:[.'_''; Wltl1 the Board to sub;tantJally and sati~ t'actorily perform the opCr,ltlOn and main:cnance ot the M~ilfLon Airport Tel111inal ,'-;Gwage Treatment Plant. 5. T:\DEPF~VE:\"T CO.\TK-\CTOR. At cdl and for all purposes hercunder, the Provider is an mdep'endent contractor and not an employce of the Board of Cuunty Commissioners for \1ol1roe('uunty. No statement contained in tl1is a~..rc:cment shall be construed so as to find the Provider or any of It:3 employc.:cs, contractors, servants or Jgents to be employ lX, of the Board. G. I\Sl!R\SCE. Prior to execution of this agreement, and maintained throughout the life of the contracl, the contractor shall furnish to the Owner Certificates of lnsmance indicating the minimum coverage limitations as listed below: A. General Liability - include as a minimum: Premises Operations, Products and Completed Operations, Blanket Contractual Liability, Personallnjury Liability, Expanded Definition of Property Damage. The minimum limits acceptable shall be $300,000 Combined Single Limit. If split limits are provicl~d, the minimum limits acceptable shall be: $100,000 per person; $300,000 per Occurrence; and $50,000 Property Damage. An Occurrence Forn1 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. The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. B. Vehicle Liability - include as a minimum: Owned, Non-Owned, and Hired Vehicles The minimum limits acceptable shall be $100,000 Cumbined Singll: Limit. If Spll t limits are provided, the minimum limits acceptable shall be: $50,000 per Person; $100,000 per Occurrence; and $25,000 Property Damage. The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. B. 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 11111its; $100,000 Bodily Injury by Disease, each employee. Coverage shall be provided by a company or companil:: authorized to transact business in the State of Florida and the company or companies must maintain a minimum rating of A- VI, as assigned by the A.M. Best Company. If the Contractor has been approveu by Florida's Department of Labor, as an authorized o;df-insLilcr, the County shall recognize and honor the Contractor's stzttus. The Contractor ma\ be required to submit a Letter of Authori7Rtion i';;ued by the Dc;partment of Labor and Certificate of Insurance, providing detaiLs on the Contrztctor's Excc~'i Insurance Prograrn. If the ContrZlctor palticipaLGs in a self-in::urance fund, a Cl:ltlficate of lr"l';urancl: WIll b~ required. In addition, the C(ILltractor may be requillu to subrnit upd;:T.,.:d fmaneial statements flom the fund upon request from the County. C. Pollution LiabtJity - The minimum limits of liability shall be: S500,000 per Occurrence/$l,OOO,OOO Aggregate If coverage is provided on a claims made basis, an extended claims rep01tin:':, period of four (4) YGars will be required. 7. r;OYElt:-..aK{; :_,_J",VS. Goven:mg Law, VCllue, Interpretation, Cu.',t::;, and I.l:CS This .\ greemem shall b(; governed by and constmed in accordance wirh Lhl.~ laws of Lhc Stelte of Florida a.pplicClh1c to cuntracts made and to be perfom1ed entirely in the :)tate. 2 In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this 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 interpretations of the terms or a tenn 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. 8. 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 shalt be enforceable to tbe fullest extent permitted by law unless the enforcement of the remaining tenns, covenants, conditions and provisions of this Agn;ement would prevent tbe accomplislunent of the original intent of this Agreement. The County and Contractor agree to refonn the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. 9. ATTORNEY'S FEES AND COSTS. The County and Contractor agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, court costs, investigative, and out-of-pocket expenses, as an award against the non- prevailing party, and shall include attorney's fees, courts costs, investigative, and out-of-pocket expenses in appellate proceedings. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. 10. 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 r(;~pective legal representatives, successors, and as:~igns. 11. AUTHORITY. Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by alJ necessary County and corporate action, as required by law. 12. CLAIMS FOR FEDERAL OR STATE AID. Contractor and County c1:',.'1CL' that each ~lIall be, and is, empowered to apply for, :::cek, and obtain fedecll and state funds tu further the purpose of this Agreement; provided that all applications, requesl'), grant proposals, and funding solicitations shall be approved by each party prior to submission. 13. ADJ('DICA:IIO.\ or DISPLl J~S OR D!SL\.(;H.EL:yn,~~TS. County and C:clltractor ~':2ree that all disputes and disagreements shall be attempted to be resolvcJ by mcet and confer sc;sions bc:,vccn reprc,;cntatives 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 discus~:cd at a public meeting of the Board of Cuunty 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 FIOlida law. .I.t. !:..9!)'/)[~nAT]Qn. In the :.;vent any administrative or k~al proci;cJing i~; instituted against \ji:ler p~llty relatillg to the tonnation, Cx.ccution, performance, or breach of Lhis A:.:;rL".Tlult rUllntyand C'_llltr~lc~or agl c;c to parlicipclte, to tllL' e:;;L:nt ;\;q1.lircd by the other p:.lnV, in all pwc;:;c1iJl2,' hv:nin::;", ,.., ..) processes, meetings, and other activities related to the substance of this Agreement or provision of the servlccs 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. 15. 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 applicab!::, 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), a, 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 use s. 1201 ~ote), as maybe amended from time to time, relating to nondiscrimination on the basis of disability; 10) Sections 13-101, et seq, MOilloe County Code, relatmg to discrimination based on race, color, sex, religion, disability, national origin, ancestry, sexual orientation, gender identity or expression, familial status or ag'.~. 11) Any other nomhscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. 16. COVENANT OF NU INTEREST. County and Contractor covenant that neither presently has any interest, and shall nut acquire any interest, whieh would conf1ict in any manner or degree with its perforn1ance under this Agreement, and that only inten:>t of each is to perfonn and receive benefits as recited in this Agreement. 17. CODE OF ETHICS. County agrees that officers and employees of tbe County recognize and will be required to comply with the standards of conduct for public officGrs and employees as cklineated in Section 112.313, Florida Statutes, regarding; but not limited to, solicitation or acccptance of :cu[ts; doing businc~s with one's agency; unauthorized compensation; misuse of public position, conflict1l1g employment or contractual relationship; and dIsclosure ur use ofcl~rtain iniimnation. 18. ;';-0 SOL JCTfATION/P A \,VIE:\T. The County and Contractor \\aranL that, in rc:-;pect to itself~ it has neither employed nor retained any company or person, other than (} nona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or Zlsrced to pay any person, company, c0l1)oration, individual, or finn, other than a bona fide employee working .solely for it ::my lee, commission, percentage, gift, or other consideration contlllgent upon or resulting ITom 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 tem1inate this Agreement ,,\[thout liability and, at its discretion, to offset from monies owed, or otherwise recover, the full mnount of sllch b: ccmmission, percelltage, ~ift, or cOl1:iirl.~rCltion. 4 I Y. PllBLfC ACCES,~~~. The County and Contractor shall a11m\' ,1I1d permit reasonable access to, and inspection of, all documents, papers, letters or other materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and 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. 20 ;:\O~-WAIVER OF IMMVNITY. :'--Jotvvithstanding he provisions of Sec. 286.28, Florida Statutes, the participation of the County and the Contractor in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the ex.tent of liability coverage, nor shall any contract entered into by the County be required to contain any provision for waiver. 21. PRIVIYGES A.Xn IMMUNITIES. All of the privileges and immunities from Liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and othlOr benefits which apply to the activity of officers, af'.~:l1ts, or employees of any public agents or employees of the County, when performing their respective functlons under this Agreement within the territorial limits of the County shall apply to the same degree and extent to the perfom1ance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the County. 22. LEGAL OB.LIGATIONS 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 perfoill1ance thereof by any participating entity, in which case the pcrfonnance may be offered in satisfaction of the obligation or responsibi lity. 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 pcnnitled by the Florida constitution, state statute, and case law. 23. l\O~-RELIANCE BY NON-PARTIES No person or entity shall be entItled to rely upon the tem1s, or any of them, of this Agreement to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or program contemplated hereunder, and the County and the Contractor agree that neither the County nor the Contractor or any agent, officer, or employee of either shall have the authority to infonn, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, intetI()r to, or superior to the conummity in general or for the purposes contemplated in thLs ."<2:r(:cment. 24. .\TTr.ST.\TIO~'~~, Contractor ,~~rees to execute .:uch rhcumenls (\~; the County n::,y F~~bOn;\lily require, to inciud(; a Public Entity Corne StatCl11cnt, an L.Jhics StJl'~Hl'~nt, liEd a Drug;-F:ee Workplace S taternent. 25. NOPERSONAL LIABILITY. >;0 covenant or agreement contained herein shall be deemed to be a covenant or <It'lccment of any member, officer. agent or employee of Monroe County in hi~~ or her individual capacity, and no member, officer, agent or empl(JY~c of .\10nroe County shall k liable personally on this Agreement or be subject to any personal liability or accountability by ccason of the execution of this A~rrcemcnt. i(), l':\r:(,U~!1112:i"._X"(_.~2~\.:':~:J.!:~L{J,.~.~g.j~~: This A;r'>_;ll1t:nt may he c::.;ccuL.,l ill ,:i:\' }}tcll'llh> of CCiUlll" 11}::;U, each of \Vhich)l<~11l be ]"l'g","dl:d as 0.1 IJ;v_jn:i1 ::!\ 0f '-,I';,Jl 10hil i,)':]'c;l 5 sh,dl constitute one and the same instrument and any of the partics hereto may execute this Agreement by singing any such counterpart. 27. SECTIOl'\ I!EADINGS: 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. 28, INDEMNIFY/HOLD HARMLESS. Contractor agrccs to indemnify and save County harmless from and against all claims and actions and expenses incidental thereto, arising out of damar,;s or claims for damages resulting from the negligence of Contractor, its agents, or employees while Contractor is performing the operation and maintenance of the Marathon Airport Tenninal SC'v'.:J.ge Treatment Plant. However, Contractor shall not be liable for any claims, actions or expenses which arise from the negligent or intentional acts or omissions of the County, its agents or employees. The extent of liabllity is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. 29. ASSURANCE AGAINST DISCRlMINA TION. 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, tellninating, or any other area affecting employment under this agreement or with the provision of services or goods under this agreement 30. ASSIGNMENT/SUBCONTRACT. The Contractor shall not assign or subcontract its obligations under this agreement, except in writing and with the prior written approval o[the Board of County Commissioners for Monroe County, 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 assib'11ee 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 agTeed-upon price of the services/goods of the contractor. 31. FUNIH:'-iC A V A1LABILITY. In the event that funds from the Marathon Airport Clmtractual Services are partially reduced or calmot be obtained or cannot be continued at level sufficient to allow for the purchasc of the services/goods specifIed herein, this agreement may then be tellllinated irrunediatc1y at the option of the Board of County Commissioners by written notice of tC1l11lDation delih'lcd in person or by mail to the contractor. The Board shall not be obligated to pay klr any services provided by the contractor after the contractor has received written notice of tCllnination 32. PROfFSSIONAJ-, RI-<SP():\~lBILJT'{ The Contractor wanants that it is authorized by Ill.\' to engage in the performance of the activities encompas"c.:d by the project herein cL:,cribed, subj ect to tlk teons and conditions set [011h in these contract docuJnl..nlS The provider sllJ~l at all times excrci';c ll1dependent, professional judgment and shall Jc;:,ume professional responsibility fOT the services to be provided. Continued funding by the Owner is contingent upon retention of appropriate loc2L state, and/or federal certification and/or licensure of contractor. 33. CO\irLIA~CE \\Tnr 1..:.~\W. In providin.s all services/goods pursuant to this agrc<..'l1lclll, the contractor shall abide by all statutes, ordinances, ruks and regulation pertaining to, or rc:;ulating the provisions of, such services, including those now in l..'ffect and hereinafter adopted. Any violation of said statuLs, ordinances, [uks ~Ind regulations shall constitute a maLrial nrcZlch of this 8grccmcnt and "b.ll entitle the HOClrd to Lcnninatc this (.',ntract iElmcc1i,l~~'!y ql:Hl delivery of \'v[Litcn nOLicc of l':I,nil1~jon to the COJltrcl( tor. '['1-" CI'lltt1ctm sh.dl rc~scs, 6 proper licenses to perform work in accordance with these specifications throughout the term of this contract. 3'1. RECORDS. 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. 35. MODIFICATIONS AND AMENDMENTS. Any and all modifications of the services and/or reimbursement of services shall be amended by an agreement amendment, which must be approved in writing by the Board. 36. AUTHORIZED SIGNATURES. The signatory for the Provider below, certifies and warrants that: (a) The Provider's name in this agreement is the full name as designated in its corporate charter, if a corporation, or the full name under which the Provider is authorized to do business in the State of Florida. (b) He or she is empowered to act and contract for the Provider; and (c) This agreement has been approved by the Board of Directors of the Provider if the Provider is a corporation. 37. NOTICE. Any notice required or pem1itted under this agreement shall be in writing and hand-delivered or mailed, postage pre-paid, by certified mail, retum receipt requested, to the other p3.1iy as fa l1mvs: FnJ:_Ji S>Clrcl: Maratbon Airpori Manager 9400 Overseas Highway \1arathon, FL 33050 1.0I Prn_yj_ci~T~ Synagro Southeast, Ine 5198 Overseas Highvvay Marathon, FL 33050 3:-\. ENTIRE AGREF::\U,.0;"T. This agreement constitutes the entire ;t~l L"::ment of the parti.:s [Iereto with r(,.;pc;ct to the subject matter hereof and supersedes any and aJl prior ~\:'r(>:rnent;- .\ lth n.'~t'cct to such subject matter between the Provider and the Board. 39. CA1\{CELL\TH):\. In the event that the ('ontractor shall be found nc.:::ligent in any aspect of plant operation, maintenance, repair or service. the County shall have the right to \<::n11inate this agreement after [tve days written notification to the Provider. Either of the parties hereto may cancel this agreem('J1t \\"lthout cauc,c by giving the other party ~i;\ty (60) da\.> written notice of its intention to do so. 40. ~_<<Y\TII\GE>!CY STATE:.\lENT: Monroe County's perfonnance and 0bligatlon to pay under this contract is contingent upon an annual appropriation by tbe Monroe County 1:hard of County LOmmtS~lOner::;. 7 41. PUBLlC F.~T~TY CRIME STATL\rE~I. 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 n leases of real property to public entity, may not be awarded or perfonn work as a contractor, supplier, subcontractoL 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 Sec. 287.017, for Category Two for a period of 36 months from the date of being placed on the convicted vendor list. If the Contractor is on the convicted vendor list, then this Contract is void ab initio with the County under no obligation to pay the Contractor any compensation or damages under any legal theory whatsoever. 42. ETHICS CLAUSE. The Provider warrants that helit has not employed, retained or otherwise had act on hi slits behalf any fonner County officer or employee subject to the prohibition 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, tenninate this contract without liability and may also, in its discretion, deduct from the contract or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former County offtcer or employee. IN WIT0i'BSS WHEREOF, the parties hereto have caused these presents to be executed as of the day and year first written above. ~SEAL)' .-\TTj::5T: DANNY L. KOLHAGE, CLERK _c- .r) , . ".-- " " (/ /~ I ,// By"_ r.~","-'.. . ~':l..2~:' ~-:.1'_.. Deputy Clerk BOABD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA . .'( , t:. By~_ -- ---- -- - .:YlayoriLhairman Attest: SYKA,:;RO ~nUTHEAST, L<C. B:/. By_. Title Title t'.:i~_~ I\! H () c C\J U i_\!" r-"' ;-\-rTC) rl :\! EY. _/\P.?ROV~D AS TO FOHL1,: _L~: ~::::~<~:_.c_~" : --'-~~ _',.i,.:.:~..::~ ~ / / NI\TILEEi\IE '"."1 (:-;t'\S~;EL /f..SSIS.,^NT COUN;Y AfTORNEY . . , f) :-j t ':: --. --.---...~ .~..~-,~,: .. - __,~_ 2-~:~..__,~-~-_ -. . () (J BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: June 20, 2007 Division: Airports Bulk Item: Yes X No Department: Florida Kevs Marathon Airport Staff Contactl #: James R. "Reggie" Paros/289-6060 AGENDA ITEM WORDING: Approval for Raytheon Technical Services to lease office space at the Florida Keys Marathon Airport on a month-to-month basis ITEM BACKGROUND: Raytheon Technical Services has been selected by the Transportation Safety Administration (TSA) to implement the Screening Partnership Program at the Key West and Marathon Airports, effective July 1,2007, see attached Press Release dated May 24,2007. The contract with Raytheon Technical Services will be prepared and placed on the agenda for approval at the next BOCC meeting. PREVIOUS RELEVANT BOCC ACTION: None CONTRACT/AGREEMENT CHANGES: NIA STAFF RECOMMENDATIONS: Approval TOTAL COST: BUDGETED: Yes No COST TO COUNTY: SOURCE OF FUNDS: REVENUE PRODUCING: Yes X No AMOUNT PER MONTH $896.49 Year $10,757.88 APPROVED BY: County Atty NI A OMB/Purchasing NI A Risk Management _ NI A_ DOCUMENTA TION: Included X Not Required_ DISPOSITION: AGENDA ITEM # Revised 8/06 Ma~ 24 07 09:0Sa p. 1 r0 ~ @ ~ G ill ~ ! \\\1 lill ,MAY 4 2 1007 l~ \ Press Office u.s. Department of Homeland Security By 9~4 ;;~'~r.~"'~ ~ "~A c -~~~ (-,>_____,-0 1,"'!) '> \. ~ TrOlnsportati on Security Administration ;\1'1/24, 21)0-; Media Contact: Carrie Harmon (303) 204-2134 Key West and Florida Keys Marathon Airports Awarded Private Screening Contract Under Screening Partnel'ship Program WASHINGTON - The Transportation Security Administration (TSA) today announced the selection of Raytheon Technical Services of Reston, Va., as the private ~.creening contractor for Key West International and Florida Keys Marathon airports under the Screening Partnership Program (SPP). Raytheon will team with McNeil Security Inc. of Springfield, Va., for this contract. "We look forward to working with Raytheon at both airports," said Tim Lewis, Federal Security Director (FSD) for the Key West and Marathon airports, as well as f<Jr Ft. Lauderdale-Hollywood International Airport. "We believe this will be an effective public-private partnership, with Raytheon providing screening services and TSA maintaining oversight to ensure all federal security standards are met." Key West and Marathon applied to the SPP program last fa I. The application included a joint request for private screening services. Key West requested to transition from f,~deral to private screening, and Marathon asked to receive screening services to accommodate the stan: of commercial airline service in February 2007. This competitively awarded contract is for security screening services for both passenger checkpoint and checked baggage operations. The total contract award value, including options, is approximately $16.3 million. The total period of performance is four years, four months, which will begin on May 24,2007 and end on September 30, 20 II (if all options are exercised). Under Sr-P, the FSD will remain responsible for overseeing TSA security standards and contractor performance. This is the first contract awarded at an SPP airport using a ~;treamlined acquisition process implemented by TSA in 2006, which allows any interested company to respond t,) a Request for Proposal (RFP). Previously, contractors had to apply and be accepted as a "Qualified V,mdor" in order to compete for a SPP contract. Spp is designed to meet the requirement for the "opt-out" r'rogram established in the Aviation and Transportation Security Act (A TSA) of200 1. Beginning ill 2002, A TSA required TSA to conduct an SPP pilot program at five airports (known as the "PP5") to evaluate the performance of private screeners relative to federal screeners. When the pilot program ended in November 2004, airport operators with federal screening services could apply to SPP. To date, all the original PP5 airports [San Francisco Intern;ltional; Kansas City (Mo.) International; Greater Rochester (N.Y.) International; Jackson Hole, Wyo.; and Tupelo (Miss.) Regional] and Joe Foss Field in Sioux Falls, S.D., have transitioned to SPP. TSA also signed a th-ee-party contract with US Helicopter Corporation and McNeil Security Inc. under SPP that establish,~d screening operations to support airport shuttle services at the East 34th Street Heliport in Manhattan. In addition, an SPP contract award at the Charles Schulz-Sonoma County Airport in California is expected by this slimmer. For more infonnation about TSA, please visit W'^"~ .TSA.~~ ### \iWl".tsa.go\' Ma~ 24 07 09:0Sa p.2 U.S. Department of Homeland Security Press Office ~.~n'r~ ;,'?~'~;~ ~ Ct.:~A ~ 9t~f: "'~l;.~"[l "cr,IvVQr Transportation Security Administration i ,/.......'-, ; { ~.. .;. aL ,_--, .."...~ - {:, tl tj Screening Partnership Program (SPP) LAST MODIFIED 5/23/2007 GUIDANCE Reactive All media calls should be refelTed to TSA Public Affairs at 571-227-2&29 PRODUCTS Background Q&As Contract Award Process Safety Act BACKGROUND The Transportation Security Administration's (TSA) Screening Partnership Program (SPP) was designed to meet the requirement for the "opt-out" program established in the Aviation and Transportation Security Act (A TSA) of2001, the legislation that created TSA. ATSA required TSA, by November 19,2002, to establish pilot projects at up to five airports where screening would b~ performed by employees of private companies under federal contract oversight. The law required those contract screeners to meet all the requirements applicable to federally employed screeners. TSA entered into contracts for five pilot programs at San Francisco International Airport (Calif.), Kansas City International AirpOlt (Mo.), Greater Rochester International Airport (N.Y.), Jackson Hole Airport (Wyo.), and Tupelo Regional Airport (Miss.). These airports became kn.)wn as the Pilot Program 5, or PP5. The PP5 ended in November 2004. Since then, airports have been able to "l)pt-out" by applying to the SPP program. All of the original PP5 airports transitioned to SPP after the pilot program ended. Other airports in the program are as follows: --Sioux Falls Regional Airport (S.D.) (contract awmded December 2005). --Florida Keys Marathon Airport and Key West International Airport Uoint contract awarded May 2007). --Charles Schulz-Sonoma County Airport (Calif.) (airport has been accepted into SPP and a contract award is expected in early summer 2007). In addition, TSA signed a three-patty contract with US Helicopter Corporation ,:md McNeil Security Inc., under Spp to establish screening operations to support ai"p0l1 shuttle services at the East 34th Street Heliport in Manhattan. Effective Feb. 5,2007, US Helicopter Jrovides for and funds all screening personnel at the East 34th Street facility through a contract negotiated with MeNeil S~curity. TSA providt:s security oversight and certified screening equipment to ensure that passengers, their acces~ible property and ch,:::cked baggage are thoroughly screened for explosives and other dangerous items prior to departure. TSA has I~nacted a Heliport Security Plan, which will ensure that the Heliport adheres to all TSA regllatory requirements and applicable security directives. "'\'-"', ba.go\' Ma~ 24 07 09:07a o and As Q. What is SPP, and is it the same as "opt-out"? A. The Screening Partnership Program (SPP) manages the use of qualified private vendors to perfonn the screening of passengers and baggage at partieipatinl:: airports. SPP was designed to meet the requirement for the "opt-out" provision established n the A viation and Transportation Security Act (A TSA) of2001. Since November 2004, ai'l)ort authorities have been eligible under SPP to submit an appl ication to TSA to use private contract screeners Q. How can an airport apply to the program? A. The application can be obtained from the TSA web ;ite at www...Jsa.gov Q. Which airports can apply? . A. All commercial airports with federal security screening are eligible 10 apply. Airport directors anticipating commercial airline service at a future date must first apply to TSA for a "federalized" designation of their airport before applying to SPP. Q. What was the PPS Program? A. A TSA required TSA to conduct a contract screenin~~ pilot program at five pilot airports (the "PP5'") to evaluate the performance of private screener~;. The \,P5 airports were San Francisco International Airport (Calif.), Kansas City International A~rport (Mo.), Greater Roche:;ter International Airport (N.Y.), Jackson Hole Airport (Wyo.), and Tupelo R ;:gional Airport (Miss). The pilot ended in November 2004. Q. What happened to the PP5 airports after the pilo:t ended? A. The period of performance for the PP5 contracts ended Nov. 19,2004. Those five airports chose to transition to the SPP program. Contracts w~re awarded as follows: . Tupelo Regional Airport (Miss.) -;\warded to Trinity Technology Group, Inc. of Fairfax, Va. Trinity selected Covenant Aviation Security LLC as a strategic wbcontractor (May 2006). . Kansas City International Airport (Mo.) - 1\ warded to First Lin(: Transportation Security, Inc. (April 2006). . Greater Rochester International Airport (N. Y.) - Awarded to MeNeill Technologies (May 2006). . Jackson Hole Airport (Wyo.) - Awarded to the Jackson Hole Airport Board (February 2006). . San Francisco International Airport (Calif.) - Awarded to Covenant Aviation Security (CAS)/Lockheed Martin Information & Technology Services team (October 2006) Q. Other than the PP5 airports, what other airpor~. are operating undl~r SPP? A. The following additional airports are participating i1 SPP as of May 2007: . Sioux Falls Regional Airport (S.D.',-- Awarded to Covenant Aviation Security/Lockheed Mal1in Information & Technology Services team (December 2005). . Florida Keys Marathon Airport ancl Key West International Airport (Fla.) - Joint contract awarded to Raytheon Technical Se,'vices of" Reston, Va., teaming with McNeil Security Inc. of Springfield, Va. (May 2007). . Charles Schulz-Sonoma County Airport (C3.lif.) -- Airport has been accepted into SPP and a contract award is expected in early summer 2007. W\Hv.tsa.go\. Ma~ 24 07 OS:08a p.4 Q. Can an airport authority/public airport apply to l.'SA to provide its own contract screening services? A. There are two ways an airpoli can participat€: in the ~;pp when it submits ;In application to opt-out: (1) The airport may choose to have TSA cOlltract with a qualified screening company for screening services; or (2) If the airport authority can meet TSA an.j A TSA requiremenls - including the requirement that it qualify as a private screening ';Dmpan:r -the airport can become a qualified vendor and compete for the task order issued for that airJort. ATSA provisions expressly authorize TSA to award a screening contract to a "qualified private screening company," defined as a company "ownedmd controlled by a citizen of the United States," to the extent that the Under Secretary (now the Assistant Secretary) determines that such companies exist. TSA interprets the relevant ATSA provisions as excuding a public airport from competing for and obtaining a screening contract with TSA. Arl airporl would need to form a private entity to compete for a screening contract. State laws set forth what is required to incorporate. Q. Are security standards for SPP airports tine same as tbose for federalized airports? A. TSA's security protocols and standards are the same for all commercial clirports nationwide, including airports participating in SPP. Security remain s TSA' s highest priority. At airports participating in SPP, a TSA Federal Security Director (FSD) and management team are still r~:sponsible for overseeing the security operations. Contract screeners musl meet the same requirements as federal screeners in the areas of hiring, training and performance. Q. What happens to the Federal Security Directors (FSDs) at airports 31pproved for SPP? A. Per A TSA, TSA provides federal govemment oversight at each airport at which screening services are provided. Oversight is ensured by TSA's FSDs, who) have overall responsibility for airport security and continue to be responsible for overseeing all screening operations and for ensuring that contract companies provide effective and efficient sl:curity cperations. The missLm, mandate and fundamental role of the FSD remains constant regardless of whether the screening w(lrk force is comprised of federal or private employees. Q. If an airport joins SPP, what happens to federal screeners (known as Transportation Security Officers (TSOs))? A. Once an airpOltjoins SPP, federal TSO positions ate abolished. Howev(;r, TSA supports provisions that assist federal screeners potentially affected by the t"ansition to SPP, including priority for employment with the private contractor as well as measures to facilitate movement to other TSA or other federal employment. TSA believes that it is in everyone's best interest to retain the current screener work force for both security and cost-effectiveness. Q. Does TSA regulate the salaries of contract screeners? A. A TSA mandates private screening companil~s to provide compensation and other benefits to their screeners that are not less than the level of compen sation and other benefits provided to comparable federal government personnel. Private screening contractors have some flexibility in fashioning their compensation and benefits packages to provide the best mix of pay and benefits to their employees, while at the same time ensuring they provide a sufl'icient package to rec:ruit and retain quality workers that meet federal standards. Consequently, the con- pensation and benefits packages at the private airports are equivalent, but not identical to, those available to federal screeners. Q. Will an airport have the same number (Jlt" autho rized contract full-time equivalent screeners as federal full-time equivalent screeners? A. TSA uses the Staffing Allocation Model, or SAM, to identify the optimal federal screener staffing levels for an airport. TSA provides the SAM information to potential contractors to use as a guideline for proposal preparation. The number of contract scre,~ners hired is ultimalely determined by the qualified private company that is providing screening, as evaluated during the acquisition process. TSA seeks to \\W''f. ba.gov 3 Ma~ 24 07 09:09a p.5 provide flexibility to the contractors to mam.ge the operations as efficienlly as possible while meeting security and customer service standards. TSA willlcok to contractors to identify possible efficiencies in areas such as scheduling and use of part-tim~ emplo:!ees as appropriate fm the local airport. Q. When does the SPP application period end? A. Based on stakeholder feedback and internal discussi.)ns, TSA continues to accept applications on a rolling basis with no defined end-point at th i~; time. Q. Does TSA support an airport authority's request to "re-federalize" ~Illd transition back to federal screeners if the airport becomes unhappy with the contract screener~? A. Yes, within the following guidelines: All airport m;:y withdraw its SPP application at any point in the process unti I TSA releases the airport Request for P-oposal (RFP) for th<Lt airport. Once an airport RFP is released, the airport may not withdraw its applica:ion. If an airport submits an application and then withdraws it prior to the issuance of the RFP, the airport cannot re-apply to the SPP for one year. Once TSA has awarded the contract, the airport mu:;! remain in the progl"am for the duration of the base period or option(s) if exercised, barring extmlUating circumstances (such as a term ination for default). If the decision to return to federal screening i5. not due to a termination, the airport may not re-apply to the SPP program for two years. An airport must notify TSA of its decision rot to remain in the SPP program at least 120 days prior to the expiration of the contract base period or option period. Q. To what extent does the airport participate in se'lecting a contractor? A. Airport directors or their representatives are able to participate as advisers in the source selection process, as long as the airport is not competing as a qualified screening company. Q. Does TSA have a policy regarding priva1:'" screellers joining unions? A. At SPP airports, TSA works directly with the management of the contract screening company and does not take a position regarding whether screeners employed by that company may join a union. However, private security screeners do not have the right to sl.rike. CONTRACT AWARD PROCESS To increase competition, TSA streamlined the acquisition r'rocess by issuing Requests for Proposals for contracts at each airport accepted into SPP. This opt:ned the bidding process to all interested companies that met Aviation and Transportation Security Act (A TSA) PL 107-7 I requirements. This new RFP procedure, drafted in July 2006, eliminated the need for maintaining a Qualified Vendor List, or QVL. (The QVL was established in early 2005 and consisted of34 companies that had wbmitted acceptable proposals and were eligible to compete for SPP contracts at individual airports. Companie~i previously on the QVL remain able to pursue new airport screening contracts under the new RFP system). In December 2006, Key West \nternational and Florida Keys Marathon became the first participants in this new acquisit on process. The joint SPP contract award was made at these Florida airports in May 2007. SAFETY ACT For questions about the safety act. please refer to DHS at htt ps :1/www.safctv:lct.!?:ov/DHS/SActHel p.llsf/F ~, Os '?( ). 1envicw \VIV\v.tsa.gov BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY MEETING DATE: 6/20/07 DIVISION: COUNTY ADMINISTRATOR BULK ITEM: YES DEPARTMENT: AIRPORTS STAFF CONTACT PERSON: Peter Horton Phone: 292-3518 AGENDA ITEM WORDING: Approval of award of bid, and approval of contract with Class Act Cleaning Service, for janitorial services at the Key West International Airport. ITEM BACKGROUND: Four bids were received in response to the Airport's request for bids for Janitorial Services. Class Act Cleaning was determined to be the low bidder. PREVIOUS RELEVANT BOCC ACTION: Approval to advertise request for bids for janitorial services, 12/20/06. CONTRACT/AGREEMENT CHANGES: New agreement STAFF RECOMMENDATION: Approval TOTAL COST: $155,740.04 COST TO AIRPORT: $155,740.04 COST TO PFC: None COST TO COUNTY: None REVENUE PRODUCING: No BUDGETED: Yes SOURCE OF FUNDS: Airport Operating AMOUNT PER MONTH /YEAR: APPROVED BY: County Attorney X OMB/Purchasing X Risk Management X DOCUMENTATION: Included X Not Required AGENDA ITEM # DISPOSITION: !bev AO 11/06 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract # Contract with: Class Act Cleaning Services, LLC Effective Date: Execution Expiration Date: 1 year Contract Purpose/Description: Janitorial Services for the Key West International Airport Contract Manager: Bevette Moore (name) for BOCC meeting on: 6/20/07 # 5195 (Ext.) Airports - Stop # 5 (DepartmenU Stop) Agenda Deadline: 6/5/07 .-" Total Dollar Value of Contract: 155,740.08 Budgeted? Yes Grant: No County Match: n/a Estimated Ongoing Costs: n/a (not included in dollar value above) CONTRACT COSTS Current Year Portion: - 38,935.02 Account Codes: 404-63001-530-340 ADDITIONAL COSTS For: . (eg. maintenance, utilities, janitorial, salaries, etc.) Airports Director Risk Manayem. ent ~ / ~\~.~ OID./purc~Sing County Attorney Comments: Date In ~/~Q1 ~L;D7 5-!':}'\lO~ ~~- CONTRACT REVIEW Changes Needed Yes No ( ) (~ ) (...( ) (10 ( ) ( ) Reviewer . ter on ~ r OMB t?eJ.ILD /Vi fbltCAdt:lt County Attorney Date Out ~/4 /07 G-/L/fLL Yt-L,fl -EJ5!/L . E . ~ A. Z 0 11.1 0 E ;,; ~ ~ CII.I~C A. ~ 11.1 ... lI.IiLlI.I~ CiL:J:O 11.10(1)2 U\:JZ ... zzO", c........'P'I z(l)~.c ....c:5u iL:J:~.. cUml'll z~cE cA.~.. ~ 11.1 11.1 ~ \:J C C C ~ z m 11.1 A. o ~ o A. ~ .... c ... c z o .... ~ c z ~ 11.1 ~ Z .... . ~ ~ ~ c (I) 11.1 U .... ~ 11.1 (I) ... c ; o ~ .... z c .., 11.1 ... ~ .... ~ w U .... c::: a.. ....J <( t- o t- Cl Z o co o .... co t- Z w Cl z o a.. Ul w c::: I t- Z o ~ c::: w a.. 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'u U ~ 5 YI '" '" ..0 E "'~ ~-c -= 5 ~ ~ o 0 ..0." o '" ~~ ti >- = ..0 Y1-C ~ ~ :g 'w :c ~ - '- c; ~ +- '" ..2 ~ +- '" -C ~ 5..0 o g'-c .- '" 5ti Q.. = o YI -c-c :C:C -c = 's < YI 'I- vi o O'l >- .~ go:; U - "t 5 "'-c '- 5 5> ~~ C:-c o 5 '" Q.. :J YI '- :J +-1/) o .~ ~ .~ ~ -= +- +- U +- .:; o c: ..c: 0 +-\oJ >-0 ~." t 'L: ",...2 ULL >- 'I- ..0 0 '" '" '-+- '" 0 -=+- HI/) '- o YI .:; '- '" Q.. :J I/) O'l c: 'Vi o -= U '- :J a... I :l '- o +- U :> YI ....2 '- o \oJ :i- ~ 5 Q.. o -c i:ii CONTRACT FOR JANITORIAL SERVICES KWIA THIS CONTRACT, made and entered into this day of. .' 2007, by and between the BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA (County) and CLASS ACT CLEANING SERVICES, LLC., (Contractor). The parties hereto, for the considerations herein set forth, mutually agree as follows: 1. Scope of Work. The Contractor shall provide janitorial services at the Key West International Airport, including all necessary equipment required in the perfonnance of same, and perform all of the work described in the Specifications Option 1 (Exhibit A), and his Bid (Exhibit A-I) attached hereto and incorporated as part of this document. The Contractor shall insure all exterior doors are locked upon their departure after business hours. 2. Contract Sum. The County shall pay to the Contractor for -the faithful performance of said service on a per week in arrears basis for each of twel ve (12) months. The Contractor shall invoice KWIA weekly for janitorial services performed under the Specifications contained herein. The Contract amount shall be Twelve thousand, nine hundred and seventy-eight dollars and thirty-four cents per month ($12,978.34 per month). 3: Contractor's Acceptance of Conditions. a) The Contractor hereby agrees that he has carefully examined the sites and has made investigations to fully satisfy himself that such sites are correct and suitable ones 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 County than against the Contractor (and his Surety, if applicable). b) Any ambiguity or uncertainty in the Specifications shall be interpreted and construed by the Airport Manager, and his decision shall be final and binding upon all parties. c) The passing, approval, and/or acceptance of any part of the work or material by the County shall not operate as a waiver by the County of strict compliance with the terms of this Contract, and Specifications covering said work. Failure on the part of the Contractor, immediately after Notice to correct workmanship shall entitle the County, 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 County for all damage, loss, and expense caused to the County by reasons 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. 4. Tenn of Contract/Renewal. a) This Contract shall be for a period of one year commencing on the date of the signature of the last party to sign and tenninating one year later. b) The parties shall have the option to renew this agreement after the first year, for three additional one year periods. The contract amount agreed to herein may be adjusted annually, on the renewal date of each year, by a percentage equal to the percentage increase in the CPI for urban consumers for the preceding calendar year. c) Should additional service be required at KWIA on a pennanent basis, the additional specific tasks, and costs for these tasks, will be mutually agreed upon in writing, and approved by the Airport Manager and by the Contractor. 5. 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. 6. Assignment. The Contractor shall not assign 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 and Contractor may deem necessary. This agreement shall be incorporated by reference into any assignment and any assignee 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. 7. Compliance with the Law. In providing all services/goods pursuant to this agreement, the contractor shall abide by all statutes, ordinances, rules and regulations pertaining to, or regulating the provisions of, such services, including those now in effect and hereinafter adopted. Any violation of said statutes ordinances, rules and regulation shall constitute a material breach of this agreement and shall entitle the Board to terminate this contract immediately upon delivery of written notice of tennination to the contractor. The Contractor shall possess proper licenses to perform work in accordance with these speci fications throughout the term of this contract. 8. Insurance. Prior to execution of this agreement, the Contractor shall furnish to the County Certificates of Insurance for the following coverage: Workers Compensation - $500,000 Vehicle Liability - $300,000 (CSL) General Liability - $500,000 (CSL) Employee Dishonesty - $100,000 9. Indemnify and Hold Harmless. Contractor is liable for and must fully defend, release, discharge, indemnify and hold harmless the COUNTY, the members of the County Commission, County officers and employees, and County agents and contractors, and the State, its officers and employees, from and against any and all claims, demands, causes of action, losses, costs and expenses of whatever type - including investigation and witness costs 2 and expenses and attorneys' fees and costs - that arise out 0 f or are attributab Ie to the Contractor's operations on the premises except for those claims, demands, damages, liabilities, actions, causes of action, losses, costs and expenses that are the result of the sole negligence of the COUNTY. The extent of Contractor's liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. 10. Records. Contractor shall maintain all books, records, and documents directly pertinent to perfonnance 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 tel1TI 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. 11. 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 this 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 interpretations of the terms or a term of this Agreement by or between any of them the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. 12. 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 tenn, 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 refonn the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. 13. Attorney's Fees and Costs. The County and Contractor agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, court costs, investigative, and out-of-pocket expenses, as an award against the non-prevailing party, and shall include attorney's fees, courts costs, investigative, and out-of-pocket expenses in appellate proceedings. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. 3 14. Binding Effect. The tenTIs, 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. 15. 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. 16.. 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. 17. Adjudication of Disputes or Disagreements. County and Contractor agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If no resolution can be agreed upon within 30 days after the first meet and confer session, the issue or issues shall be discussed at a public meeting of the Board of County Commissioners. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. 18. 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. 19. Nondiscrimination. Contractor will comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: I) Title VI ofthe 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 Ci viI Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 120 I Note), as may be amended from time to time, relating to nondiscrimination based of disability; 10) Sees. 13-101, et seq., Monroe County 4 Code, relating to discrimination based on race, color, sex, religion, disability, national origin, ancestry, sexual orientation, gender identify or expression, familial status or age; 11) Any other nondiscrimination provisions in any Federal or State statutes which may apply to the pmties to, or the subject matter of, this agreement. The Contractor expressly understands that upon a detennination by a court of competent jurisdiction that the Contractor has discriminated against any person, this agreement automatically tenninates without any fUliher action on the part of any party, effective the date of the COUli order. 20. Covenant of No Interest. County and Contractor covenant that neither presently has any interest, and shall not acquire any interest, whieh would conflict in any manner or degree with its perfonnance under this Agreement, and that only interest of each is to perfonn and receive benefits as recited in this Agreement. 21. 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. 22. 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 tide 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 tenninate 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. 23. Public Access. The County and Contractor shall allow and pennit reasonable access to, and inspection of, all documents, papers, letters or other materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and 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. 24. Non-Waiver of Immunity. Notwithstanding he provisions of Sec. 286.28, Florida Statutes, the participation of the County and the Contractor in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the County be required to contain any provision for waiver. I 25. 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 5 employees of any public agents or employees of the County, when perfonning their respective functions under this Agreement within the tenitorial limits of the County shall apply to the same degree and extent to the perfonnance of such functions and duties of such officers, agents, volunteers, or employees outside the tenitoriallimits of the County. 26. 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 perfonnance thereof by any participating entity, in which case the perfonnance 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 pennitted by the Florida constitution, state statute, and case law. 27. Non-Reliance by Non-Parties. No person or entity shall be entitled to rely upon the tenns, or any of them, of this Agreement to enforce or attempt to enforce any third- party claim or entitlement to or benefit of any service or program contemplated 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. 28. 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. 29. 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. 30. Execution in Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by singing any such counterpart. 31. 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. 32. Funding Availability. In the event that funds from Airports 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 by written notice of termination delivered in person or by mail to the contractor. The Board shall not be obligated to pay for any services 6 provided by the contractor after the contractor has received written notice of tennination. 33. Professional Responsibility. The Contractor warrants that it is authorized by law to engage in the perfonnance of the activities encompassed by the project herein described, subject to the tenns and conditions set forth. 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 Board is contingent upon retention of appropriate local, state, and/or federal certification and/or licenser of contractor. 34. 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 Airport Director Key West International Airport 3491 S. Roosevelt Blvd. Key West, FL 33040 8496 (305) 292-3518 FOR CONTRACTOR Class Act Cleaning Services, LLC 2700 Berlin Turnpike Berlin, CT 0603 7 Phone (860) 828- Fax (860) 829-5402 35. Cancellation. a) The County may cancel this contract for cause with seven days notice to the contractor. Cause shall constitute a breach of the obligations of the Contractor to perform the services enumerated as the Contractor's obligations under this contract. b) Except for the County's termination because of non-appropriation in 11, either of the parties hereto may cancel this agreement without cause by giving the other party thirty days written notice of its intention to do so. 36. Airport Security. a) General. The federal Transportation Security Administration is the federal agency primarily responsible for overseeing the security measures utilized by the airport owner pursuant to the relevant provisions of Chapter 49, United States Code, and regulations adopted under the authority of the Code, including but not limited to 49 CFR 1540, et seq. Violations of the statutes or regulations may result in severe civil monetary penalties being assessed against the airport operator. It is the intent of the airport operator that the burdens and consequences of any security violations imposed upon the airport operator as a result of actions by an airport tenant or the airport tenant's employees, agents, invitees, or licensees shall be borne by the airport tenant. b) Airport Tenant Defined. An airport tenant means any person, entity, organization, partnership, corporation, or other legal association that has an agreement with the airport operator to conduct business on airport property. The tenn also includes an airport tenant as defined in 49 CFR 1540.5. Each signatory to this Agreement, other than the airport operator, is an airport tenant. 7 c) Airport Operator Defined. As used in this Agreement, airport operator means Monroe County, Florida, its elected and appointed officers, and its employees. d) Airport Property Defined. AirpOli property shall mean the propeliy owned or leased by, or being lawfully used by, the airport operator for civil aviation and airpOli- related purposes. For purposes of this Agreement, airpOli propeliy is the property generally refened to as the Key West AirpOli, the Marathon AirpOli, or both as may be set fOlih in this Agreement. e) Inspection Authority. The airport tenant agrees to allow Transportation Security Administration (TSA) authorized personnel, at any time or any place, to make inspections or tests, including copying records, to determine compliance of the airport operator or airport tenant with the applicable security requirements of Chapter 49, United States Code, and 49 CFR 1540, et seq. 1) Airport Security Program. The airport tenant agrees to become familiar, to the extent permitted by the airport operator, with the Airport Security Program promulgated by the airport operator and approved by TSA, and also agrees to confonn its' operations and business activities to the requirements of the Airport Security Program. g) Tenant Security Program. If permitted under TSA regulations, the airport tenant may voluntarily undertake to maintain an Airport Tenant Security Program as refened to in 49 CFR 1542.113. If the airport tenant voluntarily promulgates an Airport Tenant Security Program that is approved by TSA, such program, as may be amended and approved from time to time, shall be automatically incorporated into this Agreement. h) Breach of Agreement. Should TSA determine that the airport tenant or one or more of the airport tenant's employees, agents, invitees, or licensees has committed an act or omitted to act as required, and such act or omission is a violation which results in TSA imposing a civil penalty against the airport operator in accordance with TSA's Enforcement Sanction Guidance Policy, such determination and imposition of a civil penalty by TSA shall be considered a significant breach of this Agreement. (1). Minimum Violation. If the violation is the first or second violation attributed to the airport tenant and is a civil penalty "minimum violation" as provided for in TSA's Enforcement Sanction Guidance Policy, the airport tenant may cure the breach by paying to the airport operator the total costs incuned by the airport operator, including any fines or penalties imposed, in investigating, defending, mitigating, compromising, or taking of remedial measures as may be agreed to by TSA, to include but not be limited to reasonable attorney's fees and costs incuned in the investigation, defense, compromising, mitigation, or taking of remedial action measures. If the violation is a third violation, or there are multiple violations in excess of two violations, that is or are a civil penalty "minimum violation", the airport tenant shall pay to the airport operator the total costs incurred by the airport operator, including any fines or penalties imposed, in investigating, defending, compromising, mitigating, or taking of remedial measures as may be agreed to by TSA, to include but not be limited to reasonable attorney's fees and costs incurred in the investigation, defense, compromising, mitigation, or taking of remedial action 8 measures; and, further, the airp0l1 operator shall have the right to unilaterally cancel this Agreement, such cancellation to be effective thirty calendar days after receipt by the airp0l1 tenant of written notice of cancellation of this Agreement by the airport operator. (2). Moderate Violation. If the violation is the first or second violation attributed to the airport tenant and is a civil penalty "moderate violation" as provided for in TSA's Enforcement Sanction Guidance Policy, the airport tenant may cure the breach by paying to the airport operator the total costs incuned by the airport operator, including any fines or penalties imposed, in investigating, defending, compromising, mitigating, or taking of remedial measures as may be agreed to by TSA, to include but not be limited to reasonable attorney's fees and costs incUlTed in the investigation, defense, compromising, mitigation, or taking of remedial action measures; and, further, the airport tenant may cause all of airport tenant's employees involved in the airport tenant's business operations on the airport property to undergo such security training as may be required by the airport operator. The total cost of the training shall be paid for by the airport tenant. If the violation is a third violation, or there are multiple violations in excess of two violations, that is or are a civil penalty "moderate violation", the airport tenant shall pay to the airport operator the total costs incuned by the airport operator, including any fines or penalties imposed, in investigating, defending, compromising, mitigating, or taking of remedial measures as may be agreed to by TSA, to include but not be limited to reasonable attorney's fees and costs incuned in the investigation, defense, compromising, mitigation, or taking of remedial action measures; and, further, the airport operator shall have the right to unilaterally cancel this Agreement, such cancellation to be effective thirty calendar days after receipt by the airport tenant of written notice of cancellation of this Agreement by the airport operator. (3). Maximum Violation. If the violation is the first violation attributed to the airport tenant and is a civil penalty "maximum violation" as provided for in TSA's Enforcement Sanction Guidance Policy, the airport tenant may cure the breach by paying to the airport operator the total costs incuned by the airport operator, including any fines and penalties imposed, in investigating, defending, compromising, mitigating, or taking of remedial measures as may be agreed to by TSA, to include but not be limited to reasonable attorney's fees and costs incuned in the investigation, defense, compromising, mitigation, or taking of remedial action measures; and, further, the airport tenant may cause all of airport tenant's employees involved in the airport tenant's business operations on the airport property to undergo such security training as may be required by the airport operator. The total cost of the training shall be paid for by the airport tenant. If the violation is a second violation, or there are multiple violations, that is or are a civil penalty "maximum violation", the airport tenant shall pay to the airport operator the total costs incuned by the airport operator, including any fines or penalties imposed, in investigating, defending, compromising, mitigating, or taking of remedial measures as may bc agreed to by TSA, to include but not be limited to reasonable attorney's fees and costs incuned in the investigation, defense, compromising, mitigation, or taking of remedial action measures; and, further, the airport operator shall havc the right to unilaterally cancel this Agreement, such cancellation to be effective thirty calendar 9 days after receipt by the airport tenant of written notice of cancellation of this Agreement by the airport operator. (4). Mitigation of Breach. TSA has a policy of forgoing civil penalty actions when the airpOli operator detects violations, promptly discloses the violations to TSA, and takes prompt corrective action to ensure that the same or similar violations do not recur. This policy is known as the TSA Voluntary DisclosureProgram Policy, and is designed to encourage compliance with TSA regulations, foster secure practices, and encourage the development of internal evaluation programs. The airport tenant agrees that upon detecting a violation the airport tenant will immediately report it to the airport operator. Should the TSA ultimately detennine that the violation was committed by the airport tenant, or an employee, agent, invitee, or licensee of the airport tenant, but the violation should result in the issuance of a letter of correction in lieu of a civil penalty, then the airport tenant shall reimburse the airport operator the total costs incurred by the airport operator in investigating, defending, mitigating, or taking of remedial measures as may be agreed to by TSA, to include but not be limited to reasonable attorney's fees and costs incurred in the investigation, defense, mitigation, or taking of remedial action measures. A violation resulting in the issuance of a letter of correction shaIl not be considered to be a breach of this Agreement by the airport tenant. (5). Survival of Sub-Section. This sub-section h shaIl survive the cancellation or termination of this Agreement, and shaIl be in full force and effect. i) Hold Harmless; Indemnification; Defense; Release; Survival. Notwithstanding any minimum insurance requirements prescribed elsewhere in this Agreement, the airport tenant agrees to hold harmless, indemnify, defend and release the airport operator, and the airport operator's elected and appointed officers and employees, from any claims, actions, causes of action, litigation, administrative proceedings, appellate proceedings, or other proceedings relating to any and all types of injury, including death, loss, damage, fines, penalties, or business interruption of any nature whatsoever, of or to any person or property in connection with the use of the airport property under this Agreement, regardless of causation and including criminal acts of third parties; and especially including any and all fines, penalties, out of pocket expenses, attorney's fees and costs, and costs of remediation or additional security measures required to be implemented by any governmental agency (including but not limited to the Federal Aviation Administration and the Transportation Security Administration) resulting from a violation of any federal law or federal regulation. This sub-section shall survive the cancellation or tennination of this Agreement. (REMAINDER OF PAGE INTENTIONALLY LEFT BLANK) 10 37. Mutual Review. This agreement has been carefully reviewed by the Contractor and the County, therefore this agreement is not to be construed against either party on the basis of authorship. IN WITNESS WHEREOF, the parties have caused this lease to be executed this day of ,2007. (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: By: Q~~ ~~ Witnesses CLASS ACT CLEANING SERVICES " By i...j.../ " .~. " J .~, , ,. CJ I Title l! This doe~mJ w~s prep~red .~Dd approved ast:~orm by: .clLv" !4'.L'^<M~ Pedro J . 0, sq. ~stant Co~nty Attorney Florida BariNo.: 0084050 P.O. Box 1026 Key West, FL 33041-1026 (305) 292-3470 11 KEY WEST INTERNATIONAL AIRPORT JANITORIAL SERVICES SPECIFICATIONS To provide janitorial services at the Key West International Airport, located at 3491 South Roosevelt Boulevard, Key West, Florida 33040. For all public areas including public areas within the secured area of the Airport, and the space behind the airline counters. Exceptions, Rental car counters and office space, Airlines Office back areas, airport Gift Shop, and the Conch Flyer Restaurant Lounge. Work shall consist of two distinct areas of responsibility; regular janitorial services and floor maintenance. All employees or subcontractors of the Contractor must pass an airport background investigation, including a FBI fingerprint examination. (See attached application) All employees or subcontractors of the Contractor who are not citizens of the United States must have and posses documented authorization to work in the United States, issued the government of the United States. Failure of such person to have and possess such documentation is a material breach of the contract and will entitle Monroe County to terminate the contract for cause. The arrest, detention or taking into custody of any of the Contractor's employees or subcontractors by the Bureau of Customs and Border Protection constitutes sufficient evidence under this contract that the contractor has committed a material breach and entitles Monroe County to terminate this contract for cause. The contract will be for one year, with the option to renew for three one year periods. The Airport may pay the contractor for the performance of services on a weekly arrears basis. It is expected that the Contract will be for labor, equipment, and materials. The contractor shall provide all waxes and cleaning material as needed to complete the assigned duties. The Airport shall prOVide all paper towels, hand soaps for dispensers, trash bags for garbage, and toilet paper for bathrooms. Insurance Reauirements Workers Compensations - $500,000 Vehicle Liability - $300,000 (CSL) General Liability - $500,000 (CSL) Employee Dishonesty - $100,000 Forms Attached forms must be completed and attached to the bids: Non-collusion Affidavit, Sworn Statement - Ordinance No. 10-1990, Public Entity Crime Statement. The finger Print Application for Criminal History Record Check must be completed by Contractor and employees, and approved previous to Contractor commencing Janitorial Services at the Airport. Scope of Services for Janitorial work shall consist of: Dailv Inside Check and clean all glass doors and windows, and check all air conditioning vents and grills Check and clean 1 SI floor bathrooms at least once every 30 minutes. Check and clean the 2nd floor bathrooms at least twice daily between the hours of 8 am and 5 pm. Clean toilets, urinals, sinks, countertops, and remove all trash and other debris from the bathrooms Empty and clean, as necessary, all trash cans (1 sl and 2 floor) and remove all trash immediately to the dumpster/compactor Check and clean all Airport Administration areas Monday - Friday Pick up trash, newspapers, periodicals. and other debris inside the terminal building Sweep, vacuum and mop floors (1st & 2nd floors) of main terminal building Spot clean floor smudges as necessary Wipe off and clean departure lounge furniture and glass between flights 5 am - 9 pm Dailv Outside Empty and clean, starting at the FIS building to the ARFF building, all trash cans, pickup litter, sweep and clean walkways and curbs, wipe off benches, ashtrays, sidewalks, and. remove all trash to dumpster/compactor Secured area - Sweep and clean, and remove all trash in the departure lounge, outside holding area (covered patio area), the area around the outside baggage belt, to the bathroom and Maintenance Office. These services to be accomplished between flights (approximately 5 am - 9 pm) Bureau of Customs and Border Protection - Once per week - empty and clean as necessary all trashcans and remove trash to dumpster/compactor Clean and maintain area, including rest rooms Scope of Services for Floor Maintenance shall consist of: Pick up trash, newspapers, periodicals and other debris in the terminal building Strip and wax all terminal floor areas at least once every tWo weeks Mop and buff terminal floor areas every night Spot clean as needed Check and clean the departure lounge and remove all trash and debris daily Clean and shampoo carpet areas on the departure lounge every two weeks Remove all gum from the main terminal sidewalk and wash down front side walk daily Hours to be worked Contractor is to provide janitorial services 24 hours per day, 7 days per week. Floor maintenance to be performed commencing after the last commercial arrival, and before the terminal re-opens in the morning, approximately between the hours of midnight and 4:30 am. LOBBYING AND CONFLICT OF INTEREST CLAUSE SWORN STATEMENT UNDER ORDINANCE NO. 010-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE l t... r; ,. I' J, I 1--) '- .I I.f ( "J~',: " ' , . waITants thal{ly/it has not employed, retained C:J -:,") ,1,:- ( Le /,.': .,',\2... \;,);'\V 'C'~ l( (', or otfielwise had act on his/its behalf any fonner County officer or employee in violation of Section 2 of Ordinance No.1 0-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 10-1990. For breach or violation of this provision the County may, in its discretion, terminate this contract without liability and may also, in its discretion. deduct from the contract or purchase price, or otherwise recover, the full amount of any fee. commission, percentage, gift, or consideration paid to the fonner County pfficer or employee. 5jk; JT?', .,,'~ ,// /('.-' \ ,',: I {/ -, .....' {-:;/, (signature) Date: j'''/j!c1 "7 I . STATE OF ('CI1/lt cbe i- f' COUNTY OF rb;'11 .ref /) PERSONALL Y APPEARED BEFORE ME, the undersigned authority, j It}] (i, (f (} ",/ who, after first being sworn by me, affixed his/her '~7~1 signature (name of individual signing) in the space provided above on this _ day of 11,:\vc l\ _'_, ,20 ,I ...r -', ' ~. ~ (,-~ ',C' ) , ~- NOTARY UBLlC My conunission expires: PAlJi. ~l Cl>!W:J :Vii;:', I. J /.,' .,:/l! 'J,:, II Jf)i'J OMS - Mep FORM #4 ~- NON-COLLUSION AFFIDAVIT (!' (J,\.'. \' / ' of the city !, --.J ), '/ . of -~~)' /-, .J:) I I' ),~. ) )..---~, \""" (- r , I according to law on my oath. and under penalty of perjury, depose and say that: 1) ! am 1/. :T- Proposal for the project described as follows: , the bidder making the J .A ._,i-r<,t/ .I f;;{ / ,~I I' J . - ? . !. 'f~ C' .' (__..1:.._. i .. fr.! r'b lJ-,/ // I , ,I I 2) The prices in this bid have been arrived at independently without collusion, consultation, communication or agreement for the purpose of restricting competition. as to any matter relating to such prices with any other bidder or with any compditor; 3) Unless otherwise required by law, tke prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to bid opening, directly or indirectly, to any other bidder or to any competitor; and 4) No attempt has been made or will be made by the bidder to induce any other person, partnership or corporation to submit, or not to submit, a bid for the purpose of restricting compdition: 5) The statements contained in this affidavit are true and correct, and made with full knowledge that Monroe County relies upon the truth of the statements contained in this affidavit in awarding contracts for said project. 7, dOD 7 I ()ATE STATE OF COlt/le dl( 1,,-( COUNTY OF J:nW- { fi,f () PERSONALLY APPEARED BEFORE ME, the undersigned authority, SA-~) 0rep/l/ who, after first being sworn by me, (name of individual signing) affixed kis/her signature in the space provided above on this 7/h ,2o~1 ~) / .----------- _...~~ My commission expires: OMB - MCP FORM #1 w,~' CO;3~:L':"~'\;:I':':: c,'1 , ;,.: ~ ( 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 b~ awarded or perfom1 work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." " 1,/ ~~ .;/,' By: " /;: .".;::/.,-;-----_ //~~ ,4/ . r/ F FINGERPRINT APPLICATION FOR CRIMINAL HISTORY RECORD CHECK Company Name: Address: Gender: Race: Country of Citizenship: City, State, ZIP: . Place of Birth: Employee Name: (First) (Last) Current Home Address Aliases & Nicknames (including maiden name if applicable): City State ZIP Social Security No. Employee Signature: _ Date of Birth: (see affidavit below) Eye Color: Height: Hair Color: Signature: Company Authorized Representative Weight: ________ Date af Application: AFFIDA VlT: This applicant acknowledges that the Transportation Security Administration (TSA) has determined that a withheld adjudication, whether through a guilty plea or a plea of nolo contendl'8 (no contest), constitutes a conviction for the purpose of unescorted access to the AOA (49 CFR Part 1542). I also accept that upon receipt of a directive from the TSA or a modification to the regulation, my unescorted access to the Secure Area of the Airport may be denied or revoked. BILLING (allowable only to companies authorized by KWIA Finance Department) Company Authorized Signature Required for Billing Date Fingerprint Results: Approved Disapproved Reviewer's Initials: Date: Fingerprint Processing: Electronic Submission $35.00 Payment Method: Cash $ Check $ # Badge Number: activated Deactivation date: Type: Access Level: Billing $ Active( ) Inactive() Status: (Date Reason: KWIA USE ONLY: WARNING: It is a violation of Federal Law (FAR 1540.103) to make any fraudulent or intentionally false statements or entries on this application. Key West International Airport, Security Unit. Note: The requester must provide Identification at the time of the request. Applicant's Name: Social Security: Company Name: By checking each box below, I certify that I have not, during the past 10 years in any jurisdiction, been convicted or found "not guilty by reason of insanity" of any of the disqualifying crimes listed: o Forgery of certificates, false marking or aircraft, and other aircraft registration violation o Interference with air navigation o Improper transportation of a hazardous material o Aircraft piracy . o Interference with flight crew members or flight attendants o Commission of certain crimes aboard aircraft in flight o Carrying a weapon or explosive aboard aircraft o Conveying false information and threats o Aircraft piracy outside the special aircraft jurisdiction of the U.S. o Lighting violations involving transport controlled substances o Unlawful entry into an aircraft or airport area that serves air carriers or foreign air carriers contrary to established security requirements o Destruction of an aircraft or aircraft facility o Murder o Assault with intent to murder o Espionage o Sedition o Kidnapping or hostage taking o Treason o Rape or aggravated sexual abuse o Unlawful possession. use, sale, distribution, or manufacture of an explosive or weapon o Extortion o Armed or felony unarmed robbery o Distribution of, or intent to distribute, a controlled substance o Felony arson o Felony involving a threat Felonies involving: o willful destruction of property o importation or manufacture of a controlled substance o burglary o theft o dishonesty, fraud, or misrepresentation o possession or distribution of stolen property Initials of KWIA Dale of Fingerprinting: o aggravated assault o bribery o illegal possession of a controlled substance punishable by a maximal term of imprisonment of more than 1 year o Violence at Intemational airports o Conspiracy or attempt to commit any of the criminal acts listed I do hereby certify that the preceding information I have provided on this application is true, complete, and correct to the best of my knowledge and belief and is provided in good faith. I understand that fine, imprisonment, or both can punish a knowing and willful false statement on this application. Applicanl Signature Dale I, , understand that Federal regulation CFR 1542.209 imposes a continuing obligation to disclose to the Key West International Airport ASe within 24 hours if I am convicted of any disqualifying criminal offense that occurs while I have unescorted access authority. I acknowledge that the Transportation Security Administration (TSA) has determined that a withheld adjudication (court did not pronounce guild or innocence), whether through a guilty plea or a plea of nolo contendere (no contest), constitutes a conviction for the purpose of unescorted access to the AOA (49 CFR Part 1542). I also accept that upon receipt of a directive from the TSA or a modification to the regulation, my unescorted access to the secure area of the Airport may be denied or revoked. This Applicant is sponsored by , for unescorted access to the (EYW) Security Identification Display Area. Signature of Authorized Company Representative Date: Print Name and assigned Title Fingerprint live scan submitted ,20 CLASS ACT CLEANING SERVICE Proposaland 1m · Plan ... I ...1 " .1. - . " ,.,.,' ., '1.. ~. .' r ,g ,[ ii~!'. ,( J ,11\( ':, {t/ KEY WEST INTERNATIONAL AIRPORT ~ ~iftLct NOll" Scn'lllg CT · MA · NY. NH. VT · VA · FL March 9, 2007 Mr. Carlos Victores Senior Buyer Monroe County Purchasing Dept. Purchasing Office 1100 Simonton Street I sl Floor, Suite # 1-213 Key West, FL 33040 Dear Mr. Victores Thank you for the opportunity to submit this proposal for custodial service at KEY WEST INTERNA- TIONAL AIRPORT We have reviewed your requirements, become familiar with your facility and we feel confident that Class Act Cleaning Service can provide both the quality and value you are entitled to receive. On the following pages you will find information about the services we intend to provide, as per your specifications. Since supervision is the key discriminator between adequate custodial services and superior services. you can expect frequent and continuous inspections by Class Act Cleaning Service managers and officers. We value your association and our business relationship. You will find that we take pride in maintaining a clean building and a satisfied client. We will work Vel)' hard to achieve these standards. Thank you again. We look fonvard to discLlssing this proposalin more detail. and extend our offer for 120 days fi'oll1 the date this proposal is opened. '1- Very truly yours. CLASS ACT CLEANING SERVICE ('-- I ~" /~:/~ 2700 Berlin Turnpike, Berlin, CT 06037 . Phone: (B()()) 828-84% . Fax: (B()()) 829-5402 . Email: classactcJeaning@msncol11 CLASS ACT CLEANING SERVICE TABLE OF CONTENTS Chapter 1 Company Profile Chapter 2 Staffing Commitment Chapter 3 Start Up Schedule Chapter 4 Transition Plan Chapter 5 References Chapter 6 Specifications Chapter 7 Staffing and Fee n Company Profile CLASS ACT CLEANING SERVICE Class Act Cleaning Service is a company, which provides much more than the typical services so often valued by our traditional client base. We believe that we are one of a handful of companies that recognizes that we can reduce the cost of providing services and use services more effectively to meet customers' requirements, get more of their business, and enhance profits. Perhaps the most important benefit of our flexible service offering is a true value- exchange in the provision of our services. Our experience with other corporate facilities has taught us the importance of value exchange and the standards for quality service, which are the benchmarks of Class Act Cleaning Service's employee and management staffs. Our personal stake in the successful bidding of the request for Proposal is the opportunity to dovetail our own plans for growth with the existing requirements of KEY WEST IN- TERNA TIONAL AIRPORT. We believe that it will be extremely important to fOCLlS on successful service delivery to KEY WEST INTERNA T10NAL AIRPORT in order to continue the steady grO\vth of Class Act Cleaning Service OVERVIEW A true American success story. Class Act Cleaning Service is a first generation family business whose genesis has taken it from a modest company in 1991 to a corporation em- ploying 250 people and servicing 200 clients throughout Connecticut, Massachusetts, New Hampshire. New York. Virginia, Rhode Island, Vermont, and Florida today. Steady growth based on the delivery of the best value-exchange and a superb customer-oriented focus has been the real catalyst for long-tern1 growth and profits. Class Act Cleaning Ser- vice's client retention rate is without parallel in our markets. At Class Act Cleaning Service, we believe that value-exchange means real partnering. That in exchange for the opportunity to provide services, Class Act Cleaning Service has an obligation to be creative, in uncovering and solving customer cleaning problems with innovative, cost effective services. Originally. Class Act Cleaning Service thought of itself as a provider of cleaning services. Like many such companies, we dropped off cleaning personnel and charged for cleaning by the square foot. We competed on the basis of price, service and quality of products. Fortunately, Class Act Cleaning Service had a culture that encourages its managers and supervisors to spend a lot of time in the field listening to customers. As a result, top level executives became more intimately familiar with our customers' needs and it became clear that they wanted us to truly manage the cleaning services being provided in their buildings. Facilities persOlmel. for example. wanted to focus on managing space and renovation, the core of their duties. They did not want to go to conferences on cleaning terrazzo and gran- ite floor finishes. Nor did they have the time to read manuals on the subject. Over time. Class Act Cleaning Service realized that we were, in fact. on-site partners, guaranteeing the best available handling of all deaning issues. Customers could focus on their core business. C lass Act Cleaning Service would provide not only the labor to clean buildings, but highly valuable technical services. It had never occun'ed to some customers that a supplier could eliminate many petty frustrations. Class Act Cleaning Service's owners and executives saw the potential benefits them- selves. In fact, the idea ofletting the supplier really manage his own activities and advise the customer on technical cleaning wasn't accepted right away. Class Act Cleaning Ser- vice spent several years changing their focus. The results were outstanding; customers who had confidence in the ability of their supplier to handle all aspects of corporate clean- ing and to vigorously pursue the most cost-effective methods for doing so. Anned with this newfound success Class Act Cleaning Service, the company realized the requirement to staff its management ranks with the best and the brightest. The company embarked on an ambitious plan to replace, through attrition and managed assignments, all of its key executives and managers with people who could move the company forward with improved management skills and understanding of applicable technology in the cleaning industry. Class Act Cleaning Service did not change its fundamental approach, nor did they re- invent the cleaning business. What Class Act Cleaning Service did was. t1u'ough a succes- sion of small steps, to align the people and understanding necessary to deliver a new set of benefits to the market. Today, Class Act Cleaning Service growth is sustaining this man- agement approach. Our success in the cleaning of corporate facilities has served as a magnet for new clients. ORGANIZATIONAL STRUCTURE CODE OF BUSINESS ETHICS Class Act Cleaning Service believes itself to be a company. which owns a corporate way of life, which is strong in its principles. where characteristics such as sincerity, honesty and straightforwardness are watchwords of our operations. We believe that ownership of slIch characteristics is the lifeblood of long-tcml success. In an industry, which is so very com- petitive, we have not followed other companies who tried in the short run to eam greater profits by cutting comers on service delivery. We have seen that such tactics are the prac- tices of big losers in the cleaning industry--practices, which are avoided like the plague by WllUlers. "Trust is like a thin thread. Once broken, it is nearly impossible to put together again." Ayub Khan ::::\IJ.... z ~~'< u...0 CJltl- oi= !:OU1 c.:~ > ~f- U~ ~~ ""' t:~ -;2 :x:c3~ ~~ o~ f-j;2f- ~u ~oen ~ Sl....Ju..: 0 LLO f-~ :x: > 00:: -W Vl Vl Ze.. en ~ c.: c.: c..1JJ en OUJ w .....J <(Z Z >~ ;>oWu... W<( <( en ;i~~ ....JUJ UJ ....J ....J . t I- U U ~OVl U Ll..VJ ~UJu. ~~ Oz .I 0::0 ~ ~ ~~ O~~ 0 5u utI-- en <If ~OVl >-- ~UJ ~> ~ 01:3 V Ci~ ..... Cl.. ~ t: :::J en IX Eo- ~ ;>oW ~~ f- <(~ ?S~ 00 0- o .~ ow ~ :I;UJ uX ~ ~~ uUJ 00:: gzgz ~ ~ <( ~o ~t; Ow ~ ~o s=~ 0- 8 g~ u~ ~~ IXw CIJ ~8 UJ....J V ~ e..u -< :;J ell ~ 0... ~ 0:: gz ~ 0 - ~ UJ U ~~ z > <( wo IX w W ....J z>- !5 u ell 0:: UJ .0 <t;<( oz <( :::;2 ~ ~:t Cl..U ~z :t;:i ~a:l IJJ Z ~~ OUJ 1=0 ~i uJ<( ~:2 -e::t ;Z:u ~~ >a:l Mission and Company Vision Our mission at Class Act Cleaning Service is to provide the very best in cleaning ser- vices to all of our customers. This will be achieved by dedicating ourselves to exceed- ing our customers' expectations and providing the highest quality customer service. a service which includes bendunarking our own performance and delivering the best value-exchange in our industry. This value-exchange includes an on-going effort to deliver economies where possible and providing maximum value for your cleaning investment. Long Range Goals: At Class Act Cleaning Service we don't try to fool anyone with strategic rhetoric. People fonnulate long-term strategy with their experience and their hands as well as their minds. Neither the valueless quantitative tenns of most long-term strategic proc- esses nor the mechanical formulas of incentive systems nurture employees' commit- ment to motivation. In fact, even this fragile relationship is eroding as sllccessive waves of restructuring, delayering and retrenching weaken reserves of company loy- alty. In most industries today. people no longer know, or even care, what or why their com- panies do what they do. In such an environment, managers and supervisors have an urgent role to play. Obviously, they must retain control over the processes that franle the company. Long-range (strategic) priorities for us focus on growth, profitability. development of individuals and their potential and civic involvement. But strategies can engender strong, enduring company commitment only when they are embedded in a broader organizational purpose. We believe that tlus is what we have done at Class Act Cleaning Service. We have created an organization in which all employees can identifY, in which they have a sense of pride, and to which they are willing to conunit. In short, our managers and supervisors have successfully converted our hourly employees into a workforce entity with committed members of a purposeful organization in which they can grow finan- cially and personally. This has great importance to our customers in that trus conunitment speaks to per- fomlance retained. cleaning expertise, and the satisfaction level of the people who do the work. We pride ourselves on this accomplishment and its obvious potential for long-range growth. The measurable customer retention and refelTaI. which are directly tied to this management approach. are our best long-tenn strategy, Systems Class Act Cleaning Service is not an M\VBE. Our ethic, however. embodies the positive aspects of such programs. Service to customers and the timeliness in which a successful service-provider can act are similar traits, which we espouse and require. Your timelines in the RFPI are no more severe than those, which we deliver routinely to our cus- tomer base. Reacting to an on-site problem or completely a required activity within 15 minutes or 8 hours, respectively, is what we do. Our Class Act Cleaning Service Strategic Management System requires and produces this service. Our indust!)' encompasses and largely accepts high rates of employee attrition. Pricing schedules often dictate such. But where required to meet customer goals, attrition-reduction systems can be enacted. These include higher wages (although by itself, this seldom solves attrition problems), attendance bonuses, profit sharing incentives, and management incentives. Some of these have been used quite successfully when we have done work for Corporations, Gov- ermnent Organizations. and Building Management companies. Our employees are screened for police, reference. and credit demerits. Current Employee's who recommend others for employment and meet the time and work criteria are rewarded with varied denominations of U.S. Sav- ings Bonds. . Staffing Commitment Methodology Several teclmiques were brought together by Class Act Cleaning Service management to define the Custodial Service Team (CST) requirements for KEY WEST INTERNATIONAL AIRPORT. These techniques included the half-century of experience of the principals, PC- based task analyses. knowledge of the marketplace - and a solid understanding of corpo- rate facilities, environments and expectations. Another piece - and this often distin- guishes Class Act Cleaning Service from our competitors - was our capability to bring young talented individuals together and have them develop programs as subsets of our CST. Our Class Act Cleaning Service Strategic Management System was also used to guide our team in the development of the entire program. Regular Staffing Our on-site team, as shown in this Proposal. is the Class Act Cleaning Service stalting point for the Custodial Service Team (CST). It consists of prodigious supervision. ade- quate day staff, redundant management, specialized technical qualifications, and sufficient custodial service workers to provide a high-quality service. This temn. once on site and perfomling, will undergo the same evaluation and scrutiny that our Class Act Cleaning Service Strategic Management System will bring to the entire pro- granl. Thus, the roles and titles of individuals on the CST may change as we evaluate a11d recycle feedback from all sources. Additionally, the CST team will be supplemented if necessary by floor and carpet teclmi- cians for high visibility or short-fuse projects. which are beyond CST resources. II START-UP SCHEDULE Normally, we allow two (2) to four (4) weeks for a smooth, logical and orderly transition from your present vendor. However, this schedule can be modified to a shorter or longer time period. Assuming that you can provide such notice, we have prepared the following start-up schedule, which sets forth a chronology of events to be undertaken during the transition period: Contract A ward Key Personnel Assigned and In Place On-Site Review Meetings with customer. Familiarization with Site Rli:quirements Establish Lines of Communication with Client and Labor Unions, if Necessary Selection of Supervisor Recruiting of Personnel Pre-employment Screening Evaluation of Incumbent Personnel Final Selection of Personnel Finalization of Training Program Ordering of Uniforms, Supplies. Equipment X & Safety Items FUNCTION Develop Work Schedule On-Site Training Actual Start-up of Service WEEK 1 WEEK 2 WEEK 3 WEEK 4 X X X X x x X X x x x X X X X X X X X X X X X X X X Transition Plan Class Act Cleaning SeM'ice will make the most difficult elements of cleaning contracting as seamless and unassLlming as possible with the execution of our transition plan: Upon notifYing Class Act Cleaning SeM'ice of your plan to award the contract, the following will be ac- complished to ensure a smooth, positive and success nil service transition. A. Make a preliminary but thorough site assessment. B. Jointly establish meeting dates with designated Key West International Airport representa- tives to review in part the following: 1. All facets of the proposal and contract 2. Any prior problems or concerns at each site 3. Special procedures 4. Training guidelines for each site 5. Lines of conununication and management control 6. Security reconunendations 7. Schedule of working hours 8. Safety Program compliance C. illitiate hiring process by advertising. conducting interviews, pre-employment screenings. and interviewing existing staff members D. Insure sufficient supply ofunifonns, equipment, and materials for personnel E. Set up safety programs F. Set up classroom and on-site training rVEEK ONE: A. Establish a transition team to work directly with your representatives B. Meet with KEY WEST INTERNATIONAL AiRPORT representatives in order to review policy and procedures and conduct an on-site survey of each building C. Discuss past, present, and possible future problems that could effect the program D. Establish direct lines of communication and management controls E. Review any special duties or procedures currently in place F. Order uniforms, supplies. equipment and safety items G. Issue Certificate of Insurance with KEY WEST INTERNATIONAL AIRPORT H. listed as additional-named insured 1. Place advertising for new people and review rosters of our current people for Iransfer or promo- tion. WEEK TWO. A. Select site supervisors to be assigned B. Start hiring process C. Conduct interviews and pre-employment screening of applicants WEEK THREE: A. Select persOflllel B. Schedule training C. Begin training of supervisors WEEK FOUR. A. Complete on-site training for start-up (to extent pem1itted) B. Develop work schedules and infonn all personnel C. Train supervisors in site requirements D. Establish payroll requirements and invoicing instructions for billing department. WEEK FIVE: A. Start of Service. Our managers will be on duty to ensure continuity of coverage. For the first 30 days, our management will maintain especially close communication ensuring a smooth operation. During this period we will be especially observant. B. The full support capability of our regional and corporate staff will be used in supporting roles to ensure a smooth transition. Weekly meetings will be held during the first month with the Presi- dent of the company to review our progress. C. Our transition team will work with personnel at each location to determine efficiency and evalu- ate persOlmel performance. D. Meetings will be conducted daily during the first month after start-up with your representatives to evaluate overall job performance and make necessary revisions to schedules; communications. procedures and site reports. Training Systems Three broadly based training programs are always in progress at Class Act Cleaning Service. These pro- grams entail technical custodial training, safety and Right to Know programs. and supervisory seminar pro- grams. Additionally. "Train the Trainer" opportunities are routinely made avajlable to Area and Site Manag- ers. Many of our training programs flow from the Building Service Contractor's Association International (BSCAl) Video Training Modules. Most of these modules are available in Class Act Cleaning Service in both English and Spanish. Technical Custodial Training: All custodians (including porters and matrons) undergo the teclmical as- pects of cleaning. These include rest room cleaning. carpet spot cleaning, office cleaning and ground rules. Such training is repetitive so as to include new employees and refresher training for continuing em- ployees. Custodians who will be specializing in hard floor care receive specialized training on machines and the care and characteristics of various floor surfaces. Th.is training program additionally includes ap- prenticeship training with the Class Act Cleaning Service floor care Special Team. Spot cleaning of car- pets is presented by a certified Carpet Care Technician. Safety Training: This training goes beyond that required by the Occupational Safety and Health Admini- stration. Safety and Right to Know are presented repetitively; MSDS training and our MSDS notebooks are presented and retained on-site; Blood-borne Pathogen programs are conducted every six months. Supervisory Training: Although designed specifically for Site Supervisors, assistants and managers. certain portions of this program are presented to porters, matrons, Lead Persons and Crew Leaders. The total supervisory program is geared towards inspection, perfonnance appraisal and evaluation, equipment maintenance indicators. developing and administering a training program. feedback loops, and the cus- tomer relations aspects of the custodial service industry. All training is presented during paid employee time. All except supervisory training is presented on-site if such can be accommodated by the client. Video machines, training aids, and special equipment required are transported by the training staff to the site selected for training. Most supervisory training is conducted off-site at BSC AI-sponsored locations, in Berlin or at local hotel/motel facilities. II" 1I1111~-' L1l 'l'''' 11111 ,II \\,1\ ... \ \ I II "r \ lid I Ill' 111,'1 !lod( ...) I I II Lt" It Ii Il"llll!..' I LIIIIIII)..' \ dIll" \I It!,'" h\ 'II h I,'LI ,lilt! I. II ~,'I .111- Li'l'l1l'l' "ILlI\ Itll I, Ii... \ \ III } .!tlelld .I II .lllllllt' 'l''-'-I\111 .I'l' 11\11 IIL"'l"'-' III" 1I.1llll.tI hL 'l.1I h,' 111,'\ 11,1\ t' hu'" l \ J1I ,,,.tI 1\1 Illl' '-llhll'l'J Ild1l1ll1!, /lllhllw (1,'/I,'IIII.lJll'L' 1IIIl'IlIL'd \1lL! Il....lIlt-.. 11111,1 hl'lll,-.''-.'IIL'l1 Management and Quality Assurance Our quality control program begins well before installation of the cleaning staff on the start of the custodial service program. Lengthy walks tlu'ough by Executive Management, the Area Manager, and the Installation Supervisor are conducted in the weeks prior to COlTUllencement. 111 addition to persOlUlel. equipment. and supply requirements. the Installation Supervisor gathers training tools and begins designing the documenta- tion elements of the Class Act Cleaning Senrice Quality Control Program. This program is generic in scope but is modified specifically to fit the client requirements. The generic elements are installation. visitations. inspections. and documentation. Samples of such documentation are appended to this technical proposal. The Installation Supervisor is our hands-on start up specialist. He is a Site Supervisor at the facilities of one of our Fortune 100 clients, and he is temporarily detached from his duties as a Site Supervisor for a period of approximately thirty days to tend to the Installation Program. Class Act Cleaning Service has invested spe- cial training and apprenticeship progranlS in the Installation Supervisor so that he can (and has) sllccessfully install a new account within any Area Manager's geographical region. Management of our services at KEY WEST lNTERNATlONAL AIRPORT involves Class Act Cleaning Ser- vice principals, Executive Management, the Area Manager, the Installation Supervisor (for approximately thirty days), the Site Supervisor, and KEY WEST INTERNATIONAL AIRPORT.The customer is an important (but not sole) source of feedback to the Operations Staff of our company. And the customer is usually mllch more than one person. After the Installation Program, our primary quality assurance deliverer would be the Site Manager. Our quality assurance inspectors would be the Area Manager (at least twice weekly) and Ex- ecutive Management/Owners (monthly). Personnel full time employees enjoy a competitive package that serves to recruit and retain quality supervisors. porters. matrons. and special crewmen. This package includes paid vacations after one year, paid holidays after ninety days, a life insurance program, and a contributory health insurance program. Additional benefits that may be provided include attendance and longevity bonuses. Part time supervisors and crew leaders receive paid holidays after ninety days. The part time employees that Class Act Cleaning Service seeks are those who have joined the work force to supplement their income. Our retention of such custodial service employees is well beyond the industry stan- dard. Many of our part time employees in this category have been with us for years. Occasionally. we hire part time workers who have no other source of income. It is among this group that we find the highest attrition. While we do not discourage managers from hiring those in this category, we con- tinue to seek those who will reduce our hiring and training costs. The cleaning and porter/matron hours to be used at KEY WEST INTERNATIONAL AfRPORT are shown on a separate page. The supervisor will be a fluent English speaker. The Site Supervisor will be responsible to your Facility Manager and to the Class Act Cleaning Service Area Manager for the day to day custodial staff. All custodial staff wilJ be identifiable through either uniforms or smocks and all will wear an identification card containing their photo. Periodic workers will be similarly identifiable. Equipment and Supplies Many of our supplies are Private Labeled for Class Act Cleaning Service. Our primary supplier is Spec- trowax of Boston. Massachusetts. Bowl cleaners (non-acid), floor products, antiseptics and other special cleaners are generally supplied by this major supplier. When we find that special requirements dictate use of other products. Class Act Cleaning Service purchases such from vendors for Pioneer, Host, Capture, el al. All equipment that we use is provided by major brand names: Clark and Advance, ProTeam and Sani- taire, Rubbermaid and Kent. Equipment repairs are accomplished by our full time Equipment and Sup- ply Specialist. He accomplishes repairs either on-site or in Berlin depending on the nature of the fault. COMMITMENT TO QUALITY As we w'ork to attatn and retatll our corporate mission we will concentrate but not limit our effolts to the following: I. Create and Maintain a Client-Service, Client-Retention Vision at All Times . Regular weekly management staff meetings focusing on accomplislunenls of the previous week and objectives for the coming week. . Regular weekly teclmical training for line workers to ensure they fully understand the Class Act Cleaning Service commitment to quality service and procedures. . Seminars. at least quarterly. for managers at all levels to provide ongoing technical, client service. safety and 1l10tivationalleadership training. . Atmual staff retreat to focus on areas of leadership Class Act Cleaning Service should concentrate on in the upcoming year and to review and update its current progress. II. Work Toward a Positive Partnership by Involving KEY WEST INTERNATIONAL AIR- PORT in Our Business. . Work with our clients to develop the schedule of services and staffing needed for their facilities utilizing computerized work loading of service tasks and frequencies of those tasks. . Through the use of job status reports continually monitor the service program to ensure an ongo- ing quality. cost effective program. · At least twice yearly, conduct focus workshops with selected clients and non-clients to keep Class Act Cleaning Service and the marketplace abreast of new developments and trends, changes in procedures. and a true assessment of Class Act Cleaning Service's perfonlla.l1ce. III. Professionalize Our Com pan}' and Industry . Actively participate in our trade associations by at1ending and teaching seminars, serving on com- mittees as directors and officers whenever possible. . Provide the opportunity and encourage our management staff to seek professional designations available to them. . Whenever possible, visit other successful companies inside and outside the industry through the use of peer groups and nem'orking groups. IV. Constantly Search for Client-Winning Performance . Make it easy for our clients to do business with us. . Make every effort to assure that any client contact is a positive one. This includes the way we an- swer the phone to the way our sales, operations, administrative and human resources department interact with our clients. Chapter REFERENCES A reference list is enclosed. REFERENCES STATE OF NEW HAMPSHIRE HEAL TH & HUMAN SERVICES BULlDING 25 CAPITOL STREET, ROOM 102 CONCORD, NH 03301 MR. MICHAEL C. HALL (603)271-3148 Contract dates: July 1, 2003 to Present 250,000 Square Feet COMCAST CABLE COMMUNICATIONS MASSACHUSETTS, CONNECTICUT, & VERMONT 222 NEW PARK DRIVE BERLIN, CT 06037 MR. ROBERT BROWN (860)883-7889 Contract dates: May 1, 1996 to Present 650,000 Square Feet STATE OF NEW YORK DEPARTMENT OF MOTOR VEHICLES 6 EMPIRE STATE PLAZA, ROOM 137 ALBANY, NY 12228 MS. HEATHER RHODES (518)474-5289 Contract dates: January 2003 to Present Class Act Cleaning Services LLC SPECIFICATIONS We will adhere to your specifications which are in the proposal. Chapter STAFFING I PRICING 1. See attached price sheets. COST PROPOSAL . JANITORIAL SERVICE 24 HRS/ 7 DAYS . FLOOR STRIPPING AND REFINISHING . CARPET CLEANING . ALL JANITORIAL SUPPLIES . ALL NECESSARY EQUIPMENT . ALL REQUIRED SUPERVISION . PERIODIC QUALITY CONTROL INSPECTION $2995.00 WEEKLY INCLUDED AS PER SPEC. INCLUDED AS PER SPEC, INCLUDED INCLUDED INCLUDED INCLUDED M~m(Q) To: Board of County Commissioners From: Peter Horton, Director of Airports Date: 6/20/07 Re: Agenda Item - Janitorial Services, Key West International Airport. This item requests County Commission approval of award of bid, and approval of contract with Class Act Cleaning Service, for janitorial services at the Key West International Airport. Four bids were received in response to the Airport's request for bids for Janitorial Services. Class Act Cleaning was determined to be the low bidder. The Commission granted approval to advertise request for bids for janitorial services, 12/20/06. PJH/bev BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY MEETING DATE: 6/20/07 DIVISION: COUNTY ADMINISTRATOR BULK ITEM: YES DEPARTMENT: AIRPORTS STAFF CONTACT PERSON: Peter Horton Phone: 292-3518 AGENDA ITEM WORDING: Approval of standard design reimbursable agreement with the Federal Aviation Administration to relocate center field wind equipment at the Key West International Airport. ITEM BACKGROUND: Construction of a new Terminal building necessitates relocation of FAA equipment. The FAA generated this agreement which will allow relocation of equipment at no cost to the Airport. PREVIOUS RELEVANT BOCC ACTION: None on this item CONTRACT/AGREEMENT CHANGES: New agreement STAFF RECOMMENDATION: Approval TOTAL COST: $18,975.00 BUDGETED: Yes COST TO AIRPORT: None COST TO PFC: None COST TO COUNTY: None SOURCE OF FUNDS: FAA REVENUE PRODUCING: No AMOUNT PER MONTH /YEAR: APPROVED BY: County Attorney X OMB/Purchasing X Risk Management X DOCUMENTATION: Included X Not Required AGENDA ITEM # DISPOSITION: Ibev AO 11/06 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract # // Contract with: Federal Aviation Administration Effective Date: Execution Expiration Date: - 18 months Contract Purpose/Description: Standard Design Reimbursable Agreement, relocate Center Field wind equipment at the Key West Airport Contract Manager: Bevette Moore (name) for BOCC meeting on: 6/20/07 # 5195 (Ext.) Airports - Stop # 5 (Department! Stop) Agenda Deadline: 6/5/07 CONTRACT COSTS Total Dollar Value of Contract: 18,975.00 Budgeted? Yes Grant: Yes - FAA County Match: PFC Revenue Current Year Portion: 18,975.00 Account Codes: 405-630901-560620-GAKB01 Estimated Ongoing Costs: n/a (not included in dollar value above) ADDITIONAL COSTS For: . (eg. maintenance, utilities, janitorial, salaries. etc.) CONTRACT REVIEW Date In Changes Needed Yes No Risk Management ~ ~ .\t)'~1 O,M.B.lpurcRasing ~l} /Q] le-J-W12J ) (R )fv1 )~ ) ( ) Reviewer ~~t ~~~t or~ /fJQ., J r..o ..Q,U"Ad~ County Attorney Date Out Airports Director fL./4-,!D lLJJ-10J ~,~ ~1'!!:J County Attorney fLj.1.U O~ ~_/- Comments: AGREEMENT NUMBER: SO-0739-07P STANDARD DESIGN REIMBURSABLE AGREEMENT BETWEEN DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION AND MONROE COUNTY BOARD OF COUNTY COMMISSIONERS MONROE COUNTY, FLORIDA WHEREAS, the Federal Aviation Administration ("FAA") is able to furnish directly or by contract, supplies, equipment, and services which the Monroe County Board of County Commissioners ("Project Sponsor") requires, has funds available for, and has determined should be obtained from the FAA; WHEREAS, it has been determined that competition with the private sector for provision of such supplies, equipment and services is minimal; the proposed activity will advance the FAA's mission; and the FAA has a unique capability that will be of benefit to Project Sponsor while helping to advance the Agency's mission. WHEREAS, the development and coordination of an agreement with detailed scope of work and cost estimate for this project may take an extended period, and the Project Sponsor requires/desires a faster response by the FAA; NOW THEREFORE, the FAA and the Project Sponsor mutually agree as follows: ARTICLE I - Leaal Authority This Agreement is an "other transaction" within the meaning of 49 USC 106. It is not intended to be, nor shall it be construed as, a partnership, corporation, or other business organization. ARTICLE II- Scope of Aareement and Description of Proiect This is a preliminary agreement is limited in scope to initiate FAA technical services, consultation, preliminary engineering, site surveys, cost estimates, planning, etc. to support the Project Sponsor's requirements pursuant to the project titled "Relocate Center Field Wind Equipment at Key West International Airport, Key West, Florida". No government-furnished equipment may be provided until a detailed amendment to this agreement specifying materials and costs is signed by the Project Sponsor and the FAA. This agreement sets in motion preparatory actions required before the FAA may commit resources to the project. All FAA charges will be coded against the "Engineering" Work Breakdown Structure (WBS) accounting code (4020) for billing purposes. Specifically, it is the basis for issuance of a Project Authorization CPA) and establishment of a dedicated job number for project activities. If the project is pursued, this agreement shall be amended to include a description of the full scope of work to be performed, estimated total project costs by WBS codes, etc. 10f5 AGREEMENT NUMBER: SO-0739-07P Until formally amended with a detailed scope of work and cost estimate, the Project Sponsor's reimbursement to the FAA under this agreement is estimated to be up to $18,975. This amount includes general administrative support charges of a dollar amount equivalent to the prescribed rate up to $3,975 in accordance with the rate established in Article IV). ARTICLE III - Period of Aareement and Effective Date The agreement is estimated to last 18 months. It will be effective on the date of the last signature below. ARTICLE IV - Reimbursement and Accountina Arranaement A. The Project Sponsor must pay the FAA in advance when the agency is required to obligate funds to comply with this agreement. Payment in the amount of $18,975 must be received before the FAA incurs any obligation to implement this agreement. If reconciliation is necessary after the agreement expires or is terminated, the FAA will send a final bill or refund without interest. as appropriate, to the Project Sponsor. Any amount due on the final bill will be netted against the advance payment and, as appropriate, a refund or final bill will be sent to the Project Sponsor. B. In determining the costs to the FAA, there shall be included general administrative support cost based on the current rate of 26.5% of the project costs. This overhead represents the cost to the FAA of those indirect expenses that are a part of the cost of overhead agency operations. The rate shall be adjusted automatically to the current rate, as determined by the FAA, without the necessity for formal amendment C. The FAA hereby assigns the responsibility for the accomplishment of this agreement to the Southern Region. The Accounting Division is identified by the FAA as the billing office for this agreement. The Project Sponsor will send a copy of the executed agreement and the full advance payment to the Accounting Division shown below, All payments must include the agreement number, agreement name, sponsor name, location and mailing address. FAA - Mike Monroney Aeronautical Center ATTN: AMZ-330 P.O, Box 25082 Oklahoma City, OK 73125 Telephone: (405) 954-9429 D. The Project Sponsor hereby identifies the office to which the FAA will render bills for the project costs incurred as: Key West International Airport Attn: Mr. Peter Horton, Director of Airports 3491 S, Roosevelt Blvd. Key West, Florida 33040 Telephone: (305) 296-7223 E. Billing will be made by FAA on SF-1114. The Reimbursable Bill Support List (a summary of cost by object class) will accompany all bills. 20f5 AGREEMENT NUMBER: SO-0739-07P F. Estimates as contained in Article II are expected to be a maximum, but may be revised to recover the FAA's actual costs, If during the course of this agreement, actual costs are expected to exceed the estimated costs, the FAA will notify the Project Sponsor immediately and provide a written explanation for the increased costs, The FAA will also provide the Project Sponsor with a modification to the agreement, which includes additional FAA costs plus overhead. The Project Sponsor agrees to prepay the entire estimated cost of the modification, plus the required overhead. The Project Sponsor will send a copy of the executed amended agreement and additional advance payment to the FAA Accounting Division listed above. G. Payments for billing are due within 30 days of date of invoice. Late charges will be assessed on delinquent payments in accordance with United States Treasury Regulations (Treasury Fiscal Requirements Manual, section 6-8020,20), Late charges are computed by multiplying the amount of the overdue payment by the percentage rate prescribed quarterly by the Department of Treasury for each 30-day, or portion thereof, during which payments are overdue. ARTICLE V - Amendment Changes and or modifications to this agreement shall be made in writing, signed by authorized representatives of each party. ARTICLE VI - Liabilitv To the extent permitted by law, the Project Sponsor agrees to hold harmless the FAA, its officers, agents and employees, from all causes of action, suits or claims arising out of the work performed under this agreement. However, to the extent that such claim is alleged to have arisen from the act or omission by an employee of the FAA acting within the scope of his or her employment, this hold harmless obligation shall not apply and the provisions of the Federal Torts Claims Act, 28 U.S, Code, Section 2671, et, seq" shall control. The FAA assumes no liability for any losses arising out of any action or inaction by the Project Sponsor, its employees, or contractors, or any third party acting on its behalf. ARTICLE VII - Damaae to FAA ProDertv Except for damage to or destruction of FAA property caused by the FAA or any FAA personnel, the Project Sponsor agrees to reimburse the FAA for any damage to or destruction of FAA property arising out of work under this agreement. ARTICLE VIII - Termination In addition to any other termination rights provided by this agreement, either party may terminate this agreement at any time prior to its expiration date, with or without cause, and without incurring any liability or obligation to the terminated party (other than payment of amounts due and owing and performance of obligations accrued, in each case on or prior to the termination date) by giving at least thirty (30) days prior written notice of termination, Upon receipt of a notice of termination, the receiving party shall take immediate steps to stop accrual of any additional obligations, which might require payment. All funds due after termination will be netted against the advance payment and, as appropriate, a refund or bill will be issued. Unless otherwise terminated, this agreement shall terminate five years from September 30th following the date of the Project Sponsor's signature. 30f5 AGREEMENT NUMBER: SO-0739-07P ARTICLE IX - Disputes Where possible, disputes will be resolved by informal discussion between the parties. In the event the parties are unable to resolve any disagreement through good faith negotiations, the dispute may be resolved by the FAA Administrator, or deslgnee whose decision is not subject to further administrative review and, to the extent permitted by law, is final and binding (see e,g. 49 use 46110). ARTICLE X - Funds Availabilitv The Project Sponsor certifies that arrangements for sufficient funding appropriations have been made for payments of the estimated costs set forth above, plus 10%. ARTICLE XI - Construction of the Aareement This agreement is an "other transaction" issued under 49 use 106(1) and (m) and is not a procurement contract, grant or cooperative agreement. Nothing in this agreement shall be construed as incorporating by reference or implication any provision of Federal acquisition law or regulation. Each party acknowledges that all parties hereto participated equally in the negotiation and drafting of this agreement and any amendments thereto, and that, accordingly, this agreement shall not be construed more stringently against one party than against the other. ARTICLE XII - Warranties The FAA makes no express or implied warranties as to any matter arising under this agreement, or as to the ownership, merchantability or fitness for a particular purpose of any property, including any equipment, device or software that may be provided under this agreement. ARTICLE XIII - Protection of Information The parties agree that they shall take appropriate measures to protect proprietary, privileged, or otherwise confidential information that may come into their possession as a result of this Agreement. ARTICLE XIV - Entire Aareement This document is the entire agreement of the parties, who accept the terms of the agreement as shown by their signatures below. In the event the parties duly execute any amendment to the agreement, the terms of such amendment shall supersede the terms of this agreement to the extent of any inconsistency, If not signed and returned by the Project Sponsor within 120 days of FAA signature, this agreement shall expire. 40f5 AGREEMENT NUMBER: SO-0739-07P MONROE COUNTY. BOARD OF COUNTY COMMISSIONERS BY: BY: NAME: 15 1'- v .J1Jez.t{~ Printed Name NAME: Printed Name TITLE: Contractina Officer TITLE: DATE: ~ /;7fpf I I DATE: Taxpayer ID# 50f5 M~m~ To: Board of County Comnrissioners From: Peter Horton, Director of Airports Date: 6/20/07 Re: Agenda Item - FAA Standard Reimbursable Agreement This item requests County Comnrission approval of a standard design reimbursable agreement with the Federal Aviation Administration, to relocate center field wind equipment at the Key West International Airport Construction of a new Terminal building necessitates relocation of FAA equipment. The FAA generated this agreement which will allow relocation of equipment at no cost to the Airport PJH/bev BOARD OF COLlNTY COMMISSIONERS AGENDA ITEM SUMMARY MEETING DATE: 6/20/07 DIVISION: COUNTY ADMINISTRATOR BULK ITEM: YES DEPARTMENT: AIRPORTS STAFF CONTACT PERSON: Peter Horton Phone: 292-3518 AGENDA ITEM WORDING: Approval for Delta Airlines to eliminate Tuesday and Wednesday flights for the Florida Keys Marathon Airport, for the months of July. August, and September 2007, ITEM BACKGROUND: Delta wishes to reduce the frequency of flights during the summer months. This action was approved by the Marathon Air Service Task Force, and by our Airline Consultant, The Boyd Group. PREVIOUS RELEVANT BOCC ACTION: None on this item CONTRACT/AGREEMENT CHANGES: STAFF RECOMMENDATION: Approval TOTAL COST: n/a COST TO AIRPORT: n/a COST TO PFC: n/a COST TO COUNTY: n/a BUDGETED: n/a SOURCE OF FUNDS: n/a REVENUE PRODUCING: No AMOUNT PER MONTH /YEAR: APPROVED BY: County Attorney n/a OMB/Purchasing n/a Risk Management n/a DOCUMENTATION: Included X Not Required AGENDA ITEM # DISPOSITION: Ibev AO 11/06 J\iARATUON AIR SERVICE UPDATE 'PrIcing Delta has lowered all r1arathon airfares to be equal with Key West in price, restriction, ::.lnd class of service, ~~J~ie Delta has requested that MTH agree to eliminate Tuesday and Wednesday flights fel," JviV, August, and September. Their deadline for deciding on July was last F:-Uay and lye d2ciined to proposal because of the short notice, ;(E'ducing f(equc:lcy during the off peak summer months was discussed when tile ccwltrcict was dsfilled and is mentioned in the contract. < Other Air!ines We have sent a power point outline of the Marathon market to another carrier. We have been in touch with Gulfstream and they indicate interest in starting service in November. We are seeking to pin down specific commitments. Period Februc:"y March ,t\pril MARATHON LOAD FACTOR REVIEW Load Factor by FliQht bv Month Metric !Vlid day flight Fri Evening fVlid day flight Fri Eveni IIg !\':id day flight Fri Evening Atlanta to Marathon 77% 78% 68% 93% 52% 58% Load Factor bv Fliaht bv Dav of Week Day Trip Monday Tuesday Wednesday Thursday Friday Saturday Sunday Fri/Sat Overnight Both Directions 55% 48% 55% 65% 66% 73% 72% 72% Marathon to Atlanta 56% 56% 65% 78% 61% 60% ~ w Gj D:.: en C) z 2 o o al w (J z ~ c ~ z o ::a:: t- ~ ~ ::E -, ~ .l!o~~ov 1-..-t1.O......1"") '" J! c III ~ .sI"")N c......oo o '" .c - I.'! III :IE :$! o 1I'l0'l I"") . II'l N c o .c :>.! 'E1lI ~ o :IE '" 000 II'l 1.0 'C o 001"") f""l . 1>>- r:::: ~~ =~ =:i I- - N ~ .l!llri 00 0 ..-t 1-0 0'1 0'1 ...... M '" I"") .l! c III ~ N ~ .s~01l'l~ CIl'lI"")I"")O'I i! .... I"") - l! III :IE C o oS: - l! III 0 ~ :IE~CQII'l'" .sv~l"")cx) '" J! 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ATL ATW AVL AVP BDL BGM BHM aMI aNA BDS aTY BUF aWl CAE CAK CHA CHO CHS CLE CLT CMH CVG DAY DCA DEN ELP EWR FNT GPT GRR GSO HPN lAD IAH ILG IND ISP JFK LAS LFT LGA LIT MCI MDT MHT MKE MOB MSN MSP MSY MYR OMA ONT ORD ORF PFN PHF PHL PIA PIT PNS PVO PWM RDU RIC ROC SAV SDF SGF STL SYR TLH TUL TIS VPS YUL Pe. 2 2 6 81 3 2 2 37 5 2 2 9 46 25 31 5 4 2 3 2 6 2 2 4 16 8 29 12 1 53 27 2 14 2 4 9 3 24 16 2 3 7 4 33 9 7 2 15 6 3 2 6 4 2 2 1 13 4 4 2 10 B 10 1 15 9 B B 26 2 1B 1 3 14 2 2 3 3 4 Revenue $408 $868 51,119 17,157 $702 $B79 $767 8,440 $1,112 $597 $875 $3,350 7,995 $4,610 $7,438 $1,B85 $0 $1,198 $327 $1,005 $2,047 $492 $372 $956 $2,654 $3,488 $5,335 $4,411 $425 14,644 $5,613 $1,375 $3,299 $501 $446 $1,507 $454 $5,142 $3,395 $436 $759 $4,150 $1,572 $5,265 $2,461 $1,207 $329 $3,412 $2,577 $1,031 $503 $1,660 $923 $396 $583 $821 $3,513 $341 5798 1448 $3,233 $1,745 $2,917 $22 $2,847 $2,165 $2,08B $1,524 $8,599 $270 $5,381 $178 $1,026 $3,737 $708 $0 $658 5619 $2,301 ~m1PJn'l..~,~:I:li:l:{'lii~~___ Mar.o7 Feb.o7 Mar.o7 Fere City Pair Pax Revenue Fare City Pair PI' Revenue FI;e City Pair $204 ALB 16 $2,829 $177 BOA 1 $73 $73 ABE $434 ATL 276 $41,996 $152 DTW 1 $487 $487 ATW S11!1 AI:IS 9 12,741 s= eft! 1 '$ll13 1e13 lfGM $212 AVL 5 $1,711 $342 EW 1 $218 $218 BTR $234 AVP 13 $3,790 $292 JAN 1 $367 $367 CID $440 BDL 67 $9,725 $145 MCa 1 $260 $260 EW $383 BGR 11 $2,565 $233 MOW 1 $310 $310 FLL $226 BHM 5 $890 $138 MEM 1 $166 $168 GRB $222 BNA 11 $3,847 $332 SAT 1 $304 $304 ICT $299 BOS 77 $13,995 $182 S8N 1 $257 $257 ISP $339 BTY 10 $1,862 $188 SEA 1 $269 $269 JFK $372 aUF 29 $5,655 $195 YVZ 1 $43B $438 MEI $174 BWI 15 $4,939 $329 MGM $164 BZN 4 $1,421 $355 MSN $240 CAE 5 $1,674 $335 MSO $377 CAK 36 $7,159 $199 MSY $0 CHA B $ 1,598 $200 PHX $599 CHS 6 $1,443 $240 PNS $109 CLE 10 $2,552 $255 RNO $502 CL T 4 $212 $53 ROA $341 CMH 48 $11,179 $233 SAN $246 CRW 4 $960 $215 SAT $186 CVG 95 $14,270 $150 SAV $239 DAY 35 56,146 $176 SEA $166 DCA 26 $4,200 $162 SFO $436 DEN 15 $3,075 $205 SLC $184 DFW 10 $1,884 $1BB TUL $366 DTW 19 $4,266 $225 TUS $425 DUB 4 $1136 $284 TWF 5276 EWR 37 $7,411 $200 VPS $206 FNT 16 $3,468 $217 $687 FWA 19 $5,458 $287 $236 GRR 38 $9,147 $241 $250 GSO 11 $3,753 $341 5111 GSP 4 $931 $233 $167 HPN 5 $1,082 $216 $151 HSV 19 $4,807 5253 $214 lAD 47 $5,224 $111 $212 ILG 5 $1,033 $207 $218 I~M 14 $3,184 5227 $253 IND 62 $11,826 $191 $593.IAN 31 $11,729 $378 5393 lAX 5 $1,794 5359 $160 LEX 5 $596 $119 $273 LFT 5 51,873 $375 $172 LGA 21 $8,891 $326 $165 LIT 11 $2,B34 5258 $227 MCI 30 56,375 $213 $429 MDT 27 53,563 5132 $344 MOW 12 $2,331 $194 $252 MEM 7 51,238 $177 $280 MHT 9 $1,272 $141 5231 MKE 69 $13,664 $198 $198 MOB 4 $1,068 5267 $292 MSP 30 57,B31 5261 $821 MYR 18 $2,679 $149 $270 OKC 14 $4,192 5299 $B5 OMA 34 $8,605 $253 5200 ORD 43 $13,87B $323 $224 ORF 25 $4,456 5178 $323 PHF 10 $2,549 $255 $218 PHL 25 $6,343 $254 $292 PIA 7 $2,120 $303 $22 PIT 7 $2,210 $316 $190 PVD 21 53,774 $180 $241 PWM 24 $3,428 $143 $261 RDU 17 $4,267 $251 $190 RIC 41 $6,262 $153 $254 ROC 28 $4,890 $175 $135 SBN 9 51,925 5214 $299 SDF 56 $9,251 5165 $178 SGF 6 $854 $142 $342 STL 17 $3,222 $190 $267 SYR 40 $6,826 $171 $354 TLH 4 $874 5219 $0 TOL 7 52,462 $352 $219 TRI 11 $2,173 $198 $206 TIS 10 $487 $47 $575 YVZ 4 $1,838 $459 783 $188 313 $241 I Total For Period 2.677 $212 $567 ,481 Top Twenty City Traffic fare Revenue ATL 357 $166 $59,153 BOS 123 $179 $21,990 CVG 111 $152 $16,924 BDL 104 $175 $18,165 EWR 90 $245 $22,055 IND 78 $195 $15,221 MKE 75 $217 $16,241 SDF 74 $198 $14,632 BUF 60 $218 $13,093 ORD 56 $311 $17,391 lAD 56 $120 $6,731 DCA 55 $173 $9,535 LGA 54 $225 $12,156 ROC 54 $213 $11 ,489 SYR 54 $196 $10,563 GRR 52 $239 $12,446 CMH 52 $233 $12,135 FNT 43 $211 $9,081 DAY 43 $224 $9,634 CAK 38 $220 $8 357 TOD 20 1629 $195 316992 PI' Revenue Fare 1 $244 $244 1 $393 $393 2 t339 $169 2 $0 $0 2 $0 $0 3 $753 $251 1 $80 $80 3 $398 $133 2 $492 5246 3 $901 $300 2 $501 5251 1 $274 5274 2 $1,019 $509 2 $1,147 $573 3 $752 $251 1 $822 $822 2 $1,431 $715 2 $450 $225 2 $161 $81 2 $1,245 $622 1 $669 $669 1 $500 $500 4 $0 $0 1 $269 $269 2 $558 $279 1 $0 $0 1 $218 $218 1 $425 $425 1 $223 $223 4 $743 $186 1,894 5379,167 $200 M~m(Q) To: Board of County Commissioners From: Peter Horton, Director of Airports ~~: ~2~2007 Re: Agenda Item - Delta Airlines, Marathon Airport Delta wishes to reduce frequency of flights at the Florida Keys Marathon Airport during the summer months. This item requests County Commission Approval for Delta Airlines to eliminate Tuesday and Wednesday flights for the Florida Keys Marathon Airport, for the months of July, August, and September 2007. This action was approved by the Marathon Air Service Task Force, and by our Airline Consultant, The Boyd Group. PJH/bev BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY MEETING DATE: 6/20/07 DIVISION: COUNTY ADMINISTRATOR BULK ITEM: YES DEPARTMENT: AIRPORTS STAFF CONTACT PERSON: Peter Horton Phone: 292-3518 AGENDA ITEM WORDING: Approval of refund to Barr Architectural Studio, in the amount of $2,552.00, for permit fee pertaining to the repair of hurricane damage to the Federal Express Building at the Key West International Airport. ITEM BACKGROUND: Barr Architectural Studio has requested a refund, per Ordinance 6-27 (e), for permit obtained for repair of the Federal Express Building, which was damaged during hurricane Wilma. PREVIOUS RELEVANT BOCC ACTION: None on this item CONTRACT/AGREEMENT CHANGES: n/a STAFF RECOMMENDATION: Approval to refund permit fee TOTAL COST: $2.552.00 BUDGETED: n/a COST TO AIRPORT: None COST TO PFC: None COST TO COLlNTY: None REVENUE PRODUCING: SOURCE OF FUNDS: Refund from County Building Department AMOUNT PER MONTH /YEAR: APPROVED BY: County Attorney n/a OMB/Purchasing n/a Risk Management n/a DOCUMENTATION: Included X Not Required AGENDA ITEM # DISPOSITION: Ibev AO 11/06 To: Evetle Page 2 of2 2007-06-04 18:05:30 (GMT) 19542122962 From: Ron baIT BARR ~ rchitectural stud ic> The Design-Build Company February 2, 2007 Mr. Peter Horton horton-peter@monroecOlHlty-fl.gov Monroe COlUlty Airport Director 3491 South Roosevelt Blvd. Key West, FL 33040 Re: Federal Express Facility Key West Airport Key West, FL Dear Mr. Horton, It has been a plea3ure working at your airport on the Federal Express FaCIlity remediation project. Your stafThas been fantastic and the project is a complete success Per our conversation and ordmance 6-27(e) I kmdly request reimbursement for the penrut fees paid to the Monroe COlUlty Building Department for the project. Per 6-27 (e), Federal Express leases the )and and building from Monroe COlUlty and the permit issued was for the repairs and improvements do to damage caused by Hurricane Wilma. I kindly request from the Board of COlUlty Commissionen; a fee waiver for the permit. ~ v President Architecture. Construction Management . Planning . Interiors Sllll SOUTH STATE ROAD 7, SUITE #107, DAVIE, FLORIDA 33314 TEL (954) 4lS-BARR FAX (~4) 212-2962 AR0016160. CGC15044J0 l'age I or I Horton-Peter From: Tucker-Mary Sent: Wednesday, September 20,20062:48 PM To: Horton-Peter Subject: Permit Fee Exemption ordinance Hi Peter, Attached is ordinance 6-27 which talks about fee exempt projects. County vs lessess. Sec. 6-27. Fees. (a) Purpose: The purpose of this section is to establish the authority, schedule, and exemptions for permitting and related fees. (b) Authority and Fee Schedule: Except as specifically established by this chapter, the board of county commissioners may by resolution establish a fee schedule for, but not limited to permit applications, permits, plans examination, certificates of competency, re-inspections, permit renewals, administrative fees, variance requests, and administrative appeals. (c) Fees Required: Except as authorized by this chapter, no permit shall be issued without payment of all appropriate fees. Where a nonrefundable application fee is charged, the fee may be applied to off-set the total permit fee at the time the permit is issued, except where the application fee exceeds the total permit fee. In this case, the application fee shall become the total permit fee. (d) Fee Exemptions: Fees may be exempted for only those entities and activities specifically listed below: (1) Conditional exemptions: The following governmental entities are exempt from county building permit and application fees, but only if the listed entity does not charge the county a fee (including an impact fee) for development, environment, or similar permits, or for right-of-way use: a. The State of Florida including the South Florida Water Management District; b. The United States; c. Municipalities wholly located within the county; d. City Electric System; e. Florida Keys Electric Co-op; and f. Florida Keys Aqueduct Authority. (2) FuJi exemptions: The following entities or work are exempt from the county building permit and application fees: a. Monroe County; b. Volunteer fire departments; c. Volunteer emergency medical departments; and, d. Construction of affordable housing projects, as defined under the Florida Statutes or chapter 9.5, receiving financial assistance from Monroe County. (e) Fee Waivers: Not-for-profit organizations with 50 1 (c)(3) status from the Internal Revenue Service for construction of affordable or low income housing as defined by Florida Statutes and lessees of county-owned property for construction on said property may apply to the board of county commissioners for fee waivers from the permit and application fees. (t) Fee Refunds: No fees paid for building permit fees shall be refunded without the approval of the board of county commissioners upon the recommendation of the county administrator. Permit application fees are not refundable. (Ord, No. 010-2002, ~ 6; Ord. No. 019-2003, ~ 1) 9/20/2006 To: +1.3052923578 Page6of6 2007-06.04183251 (GMT) 19542122962 From Ron barr Pel:mit #: 0610'1673 07/?fJ/200r.i Permit Type: BUILDTNG MISCELt.ANEOUS Addre:.JtJ : KW I?T SM-:'!:' POND L'l'S 05( Ll\lID MAf<.KED P ON THE S S rI:'E OWP_Cl: ; MONROE: ('O'\.INTY l~LOHJDA 3471 S ROOSf:VELT BLVD-KW (FEDEX BUIL,DING) STRUCTURJ~: REPAIR .... NOTICE OF COMMENCEMENT REQUIRED ... **_...***R..****..******.*.***~.**.**.**~*.**..*** STUUCTURAL REPAIRB PER SEAr,ED PLANS NO PLUMBING. NO El,ECTRIC. NO MECHANICAL. SEE PLAN REV!EW COMMENTS FOR ADDITIONAL CONDITIONS TO 'THIS PERMIT, INSPECTIONS REQUIR.ED (REFER to PERMIT CARD) DEEMJ:m NON-DEVELOPMENT DEEMEr.> NON..... E:UeS'I'l\NTIAL I MP:R OV-SMEN'!' THE VAI,UB OF THE BUILDING EAS.}!:D ON THE PROI?ER'!'Y APPRAISl-:Rl?ROPERTY RECCRO CARD IS $187,039. THE ESTIMATED COST OF THIS PERMIT IS $85,000, THE BTJII.,DING IS AT 451 I MPROVErotiF:NT . ~~y ADDITIONAL IMPROVEMENTS MUST BE REVIEWED BY FLOOD MA..\IAGEMEN'T. DCA EXBMPT ID SUBCONTRACTORS BUSINESS NAME STA'I-E/COUNTY CERT If NO SUBCONTRACTORS ASSIGNED PI.,AN REVIEWS COMFLETlm 5 . I . - BLDG _ 07/28/2006 nun)reze L MAR-BLDG 08/03/2006 benoard MAR - BLIDG 08/04/2006 bendel:-d J. EXAM 09/01/2006 Kos::.ich F PIIM 09/01/2006 habermaj P ABr) EXAM p, K. ,'BI.DC ReADY D9/05/2006 LLlcke.rm 09/05/2006 kO$tich 09/11/2006 harleyb 09/11/2006 antecomj l-ecei_ved from marathon tn put:. file together filt-~ put together and sent back to marathon. U NO NOTES FOR THIS REVU';W ,,'" ** NO NOTES FOR THIS REVIEW +* Needs N01\s for windows and doors Planning approval for atruc:tural rt-lpairs to exi9ting building (Fed Ex) . The subject prop>:!J...ty iSI.Uloer MajoJ:. conditional US(~ approval and it has been der-ermined scope of work does not dc,viate from ol'iginaJ. approvel. The following conditions apply: 1) Any additional revitiio11S are subject to review as either 3.l1 amendl1"l<:~nt or ,'8 a mtno:t-jm,:lj or deviation to re-solllt ion 2) No change in Elxisting footprint 3) No change in use or increase in intenS.1_t.y t.o cKiating use within structure on this permit 4) No othe:r work on t hi.!il pernit P *"" NO NO'1'EB FOR THI S REVH~W ... P ** NO NOTES FOR TIn S REV t EW ,.,.. L ** NO NOTES FOR THIS REVIEW '* '" L, * 'I< NO NOTES 1<'OR TIn S REV r EW h INSP~;(.~IONS Rli:QU!RED .BL999 REFER TO PERM1T CARD-:R.EQ INSP To +1-3052923578 Page 5 of 6 2007-06-04183251 (GMT) MONROE COUNTY BUIUNNG DEPARTMENT BUILDING PERMIT Dllta Appll..d; I() -.c' .:', :.; i ", ;"q,,:.Propllred by:,." Ii.' .1. ',' v.l9aI91Gl:ued: ,,:,(.; i .i ~.,rt.."r lype:Jlt:., Ifi) 'J"t,:t) f',~ .~- :.:~1\:-:, f'~L!:, .:'~,N"_I.;;.~~f!~':.: 1 '. .~> {i,~-:'; Pf!lfl1'U No: 'r; =r"""'- -~+~.;;;;. :::r;".;; :::::r- ....----=-~' --4~, ,~__,,_ \_'.. _.._.__~ ,\_ _~__.__J _::_~~~':~~';':'" :,,:I::.~t_.._.. r':. ~i:. i ~1 ';:fj -,~ -r ",: i":: ~:-~.~;_~ }:"'.t';" [....t~1,.~ ~'ilh.!.t [',1!)"- ~~J'~i~.t~:.:'~','rt'} . :, ~~~: "} . .~ .~.~ ,0;, :-.: - ;., ~} ':',-~ .-;.--1 ::.:~ 'r, -I'" F~ ~,;~f:: "1"\/1" ~.~ t.:'.:~ ~.. J :, Ii:: v: V: .;',;; ! .- t."':,: ;'i",:~~"':.. ~:.:~ f\.(V'1~~~;7v~a.t'r .Bl..vt; 'J\~.! ~. :f,,:,;:,Y~jJ~'< ~:.~).l :"c<rr',v:: J ';'~.: r"i'(..:'" ,~f..'..~~.t'/F'.~~ "H(::[i ~'~.'1, :i;'~ ;'~ J'-l(/r _",'~-_~ Fl t,)F ~''''(,~~\'U:;'~~f!f-' f'::~~l!1' h:t~:(i~" I l..'_~:-~r: I', .,.; <, ... l ~;'1.' ''- _';' J, ,..\ ~,' :.... k ,L .~ ,c. ,'" :~ ,'. ';i '.l: .': ~ J, .,~, " (, ~, ..,.; .\ -!:,} r,lc.i?{?, ).NYC"fi''!,!l:rJ,"'op T'~:; Pt=:ll,(f' ,(,;.')1'1'1.,. :i'L'\L r:~t'.:':I;; ;';';':9 t, 19542122962 From Ron barr I ':1;~ ~ .- .._._.....__...._.~--,..~".:,'~..'.'_..,....,,; , ..,..._...._._,___....._.....~~.",...'".._...__......._w...:.... i.-) ~i'\ . ('1 , 't ~,; ("..., \'". '. \ ( \-.;. ~.~ '\' \1 \\ '. ". \ \ \\ .--...,' " " r " '\ \~. ~ \ \. . . -, ~,..;-." -'01 ,'\;''''~::V ''''.\~ \..J .......l'....:J...::J \ \ \....... "- ~... ['" \.('\ - -... - -" "-ws"Hroj"fi:l!RevERlitOf' msooc'tfii';;;' . ~-i4GlfAt"~R, CON rA~ORAi.i'I'N(5fii2f.ti^(iENf.- - "-"'\ '-- '..... -' \ \ i ,..-' \""" ...\........., _'.--".J S':::;::s :~~\-.-..w:\ , -\'l') L/ I I .~ SIGNA1"VAE(IF OYYNi'SA,CDNTf.iAcroFi"i5H'-...----"------- 8Y nUIl.DINI'> Ol;:ftA~.-TME~-.------~--"---.- AlJ1'HQAIZEO AGEN~ PERMITTEE To +1-3052923578 Page 4 of 6 2007.06.04183251 (GMT) 19542122962 From Ron barf ..os ROlE COUNTY PROrERT\' .A....ll.Als.a PROPERTY IN'OR~TlON roR: DodI 1_141 IlkII 2221 p.. 1411 Altcmate Key: 1065315 R.E Number; 0006481 O..()(JOOOO "ro"riy Oct_lis Q~I'Q;B...QUu!"{'rul~ MONROE ("OIJNTV ftORIl>^ 50D WlfllEllEAD snU~H KEY WEST Fl J.J(I'!O OQ~J;an.MA~ 6U1.L&GF....GI.m!r IlJKW rao:~l..M)~:r~ 3"71 SOUTH ROOSE.Vf.Ll 81. VI> KEV WEST Lt~ K\Ii I'T SALT POND LT$& L.AND """RI(El) PON (HE S SIDE OF FL.\GER AVE OR COl!N'fY RO~D MEM]iAM AJ.R POll r P1 1'\R(EI. 1(;65-,)% OR505-I088 OR809-9..~I)4l> ORI081-1}8/1B OR \OQ2.JO\l;JO~ O~ 1,12J-:!:! 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IAtI'IlQYJ~I\i'!(~.'NI) ',..('....'DI~ ,sU\lI.QtI,~) 21105 Ift.li>1IA!1 5,\u.ul1 "c,.~!\I.M.\:' .\~A!-J.M:- .\~,~!'IJ"I~ ,I 28/)" 7.l>.'7, IlRH ~~.:")')(I ".JI.IlNAI).\ ''N.1t>'.~1l) 1000).WUlC! n Zool ~.(.,!2,~~l\ .I~,3-~7 :7_\(,),C~~1 :!5..I::<),W~ >;\.I~I.~" \I --_..__-:---..'--,._~ .-......-..... - ~~-..-.,.;.-.--------_..~-_.. fJlrc:el S.les HiUOrY-~--'-----. --.. . ...-.. '..-..--'-'.-..-...] . "'h~,,: i)r~ ."" "illc;.. rllt. Ih,... 1~1I\"l"\. '. -.....--'----....- . '.,. '. ..-------'---.-----:.....-----..-----..--.---- I'IOMIlOE cOUNfY OFFICI" MLIC RECOID :p: Ilwww.me(18n,orgldatacenrcrlscllrchlrecorc.l.asp 712812006 2007-06.04183251 (GMT) 19542122962 From Ron Darr To + '.3052923578 Page 3016 ----~ .....~.i._.~ W....._....~I. .. _..~. ~~l 13 00 12.39p DoatI ISIS141 fJ1/2&/ZB8I 3:44Pn FIl.... & hoarded in 0"1c:;101 ltoQOrda or ffCNtOE COUNTY DANNY L.. KOLHACiE Thlt !n5trorftell( pteo~ by: ..moo ~ - - - ~r ~l.<J"O -~ .~._- j:JD2. ~.~;; f1 . "I.lJ~Oi!:~fYU" -:!JtJIJOVO Of CQMMeN<:fME"T Slaw (JI1't.01U~ County of MONIlOE "The ~ ~ gr.,e nettc.:e tbat Improvement will be made to lZI1ain real. prClpett";, and ill <'CCor:Siinee .,.,Ith Oraflt/lr 713, Flatlda SbltutC:$. tho I'ol00lNiAg W01'l"ilI~'orl.iS plQv!dl.-d ill t1m NoI1ce or Commel~mem:' lP.gal OlI!lICI'lptkJrt or I>ropertv: tWIJ"it $: _._.__."'--__ B1lXkJllIt19 .: _'_' Doo' 1_141 Ik. 2227 P" lj1!!i 1. 2. SulXllI/hillJrl(ConOiminkJm: .,________.._ "__'_'_~~_'.'__._._ ;{ P1.It Book ( lOR 800i. ___"~,,.~ P;lge.__ f40,,11)(! Cou1ltYt F/()rl(f.l. , _ . ~ ....tw)lb.., L.egeI" plew.;e $Ite r:lfscnption ~a<tled Ileleto lIS: f'Jp4.1 ~ ~./Zf'ffYC'A d eel.' Addrau ...fo..~LA:....KQ..~.,!b-''':.r:.Jl1Y...lt~~-=----_ . (If av.tlIc)_-__-...'--__.__~_ ~. Gen/!iel~:I:,J~:~~~~~~~~_=_~~!?~!l_=~-,...,,-.- PfOllllrtYOw~\Wl\t;'!lttc. .~f.l.~____'__.__._, . MaiIInjj Address:" .\lIl,.T_~_6w.D...._._.~_ , " ~~1ilI ' . ~=--~--:'~'. l ~.,.'L.---'-'----'''''-,.-"...- { -.!!oo!.+t~-Qt_4!81..._z_ .. Of Iftc 3impI8 tftle holder' (ir other It>oo owner) <:afltrtlttCl1' tle~ ~#4-A~~~ ~c.....-. '. . ~_._ =~JM~~~P7;; #("plJ~ Ihe~:~t:~~!:.\ilf.ii~4'l!A !l. In adcIlt;Qn to ~n&eIl', 0wnP.t de$ignlltftS thc# foIIowl"., ~o"($) tD rllGeive os 'CQtJ'f d \he Lienol's Nll:ia! as PI'OIIId<hone N~==__~._....._-==-~" (opdonal it ~N_ bV f.ii.-;~~>--=:---- ~. 4. s. 6, --~ =$:: -.. ~...... ---:~.-..~) ~ril'lttld Name: __ __.._ SWOR~ 10 ~~.~!ie:.~ :::a'"e ~ lh~ ~ / ." dlI( r:I -:f v.!t- ~ \\'...; Who ~oo;ied---'-----:- who Is; As , and lllC!itJrJ NOT taklt an 0IIttl. . ----.-- ~Of~LwJa. ~ Pl'1Ilt!d Name: ...'fTe. 6".1- O.IL I> . ..,.__._--,---_.~~- 1I!VE'ITf. f. I.tOQll! M'f CCMlSSIQH , 00 2m41 txPJ/lES; ....."111 It. 2ta _lI'aI-._,_ To +1.3052923578 Page 2 of 6 2007.06.04 183251 (GMT) 19542122962 From Ron be" ~.t ~ -...,j....\JI. iV~U 1; "..J , .";';":i.J." hJ...J J0 .:a\ol'.l.it~ --....,-c-.------~-tHJS .PERMrT.CAR'ffM'ljsf.BE-OISPLAVED<.... ON THE FRONT OF THE JOB BY ONE OF THE FOllOWING METHODS OR NO INSPECTION WILL BE MADE ON FACE ," l< r Y19Ql.J1;EI't OF BUft.DIN~ MIN. 12" x 1r PROTECTIVE FLAP WITH WITH PROTECTIVE BACK/NO 80, LEDGE FASTENER COVERING 12" 1 ... II I rn---. If To ..1-3052923576 Page 1 of 6 2007.06-04163251 (GMT) 19542122962 From. Ron barr FAX Cover Sheet BAI!!tctura' :=;"tud iC) The Design-Build Company To: + 13052923578 F....-n: Ron barr Fax: 13052923578 pages: PIOj. w. DBte: 2007-06-0418'2836 GMT He: Federal Ex press cc: o UIgI!ftt .. For Review 0 PIe8se Camment .. Plellse Reply .. PIeIIse Recycle $2,552,00 I can be reached on my cell phone at (954) 274-9438. Ron Barr, AlA President Barr Architectural Studio Architecture. Construction Management . Planning. Interiors 4621 Hollywood Blvd, SUite 100, HollywoOd, Flonda 33021 Te11954} 41&-2277 Fax (954) 212-2962 Email. ron@bzaSludlocom AR0016160 .OB24821 u u~uuu~ To: Board of County Commissioners From: Peter Horton, Director of Airports Date: 6/20/07 Re: Agenda Item - Building Permit Refund Barr Architectural Studio has requested a refund, per Ordinance 6-27 (e), for a permit obtained for repair of the Federal Express Building, which was damaged during hurricane Wilma. This item requests County Commission approval of a refund to Barr Architectural Studio, in the amount of $2,552.00, for permit fee pertaining to the repair of hurricane damage to the Federal Express Building at the Key West International Airport. PJH/bev BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: 6/20/2007 Division: TECHNICAL SERVICES Bulk Item: Yes l No Department: TECHNICAL SERVICES Staff Contact Person/Phone #: Bob Ward. 852-7112 AGENDA ITEM WORDING: Approval to amend BellSouth Master Service Agreement FL03-F871-00 to upgrade existing Frame Relay Service connections in Monroe County witb "Metro Etbemet" service. ITEM BACKGROUND: Metro Ethernet Services will provide at least 3 times the existing bandwidth of our Frame Relay Service to each location and, along with network consolidation between the BOCC, the Sheriff's Office, the Property Appraiser's Office, and the Circuit Courts, will provide an annual cost reduction of $105,542.16 for the County overall and $38,942.16 annually for the BOCC. Cost of implementation for the BOCC is $6,740.36 for new equipment and $14,533.57 for overlapping services for cut over to the new service. PREVIOUS RELEVANT BOCC ACTION: Approval of Contract Service Arrangement for Frame Relay Service on February 16, 2005 Approval of Master Services Agreement Contract No. FL03-F871-00 on June 16,2004 CONTRACT/AGREEMENT CHANGES: Change in scope of services. STAFF RECOMMENDATIONS: Approval. TOTAL COST: $994.327.53 BUDGETED: Yes ~ No COST TO COUNTY: $994.327.53* SOURCE OF FUNDS: Primarily Ad Valorem · 4 year net cost savings on existing contracts = $422,168.64 REVENUE PRODUCING: Yes ~o X AMOUNfPfR M~NTH_Year_ APPROVED BY: County Atty 1- OMB/PurChasing~ Manageme DOCUMENTATION: Included X Not Required_ DISPOSITION: AGENDA ITEM # Revised 11/06 Metro Ethernet Network Consolidation Project Technical Services Monroe County BOCC June 1, 2007 Executive Summary In the evolution of services, AT&T (formerly BellSouth) is now offering new wide-area- network service called Metro Ethernet. This service provides higher available bandwidth at lower costs than has ever been available. Technical Services, the Sheriff, the Property Appraiser's Office and the Courts each operate a separate, disparate network for their organization, purchasing connectivity from BellSouth by using a product called "frame relay." In 2003, Monroe County BOCC executed a Master Services Agreement (MSA) with BellSouth for this service that extends through 2008. As network connectivity evolved over the years, each County organization has been paying BellSouth for separate data communications facilities, even though buildings and telephones are shared in some cases. Together, we began to study the possibility of consolidating our networks to provide overall cost reduction. We drafted a consolidation plan that disconnects redundant circuits at the various locations and uses a Metro Ethernet backbone to transport data for each network. We would join our Internet connections together in a higher speed connection for all our applications. Bellsouth has agreed to provide favorable pricing for Metro Ethernet and allow the upgrading of our network within the terms of our existing MSA. Implementing this service and consolidating our network would result in a significant savings to the taxpayers of Monroe County. In total, the BOCC, Sheriffs Office, Court Administration and Property Appraiser pay a total of $29,067.13 a month for Internet access and Frame Relay Service. This project would reduce our monthly expenditures to $20,271.95, a savings of $8,795.18 per month. Over the 48 months for the contract proposed by Bellsouth, the savings total $422,168.64. Monroe County BOCC Savings The BOCC pays a net total of $17,725.13/month. Implementation of this project will reduce the BOCC monthly net cost for these services to $14,479.95 . Current Wide Area Network Presently, the County's wide area network connects 26 locations throughout Monroe County. Half of these are served by Frame Relay Network service, with rates that vary from 16 Megabits to 1.5 Megabits per second. The remainder are connected via a T1 (copper) connection of 1.544 Mbs. The Sheriffs Office maintains a separate network of these Tl connections for court appearance video. Monroe County's BOCC network carries data traffic for the Sheriffs network via interconnections located in Key West, Marathon and Plantation Key. The Court Administration organization shares some network resources with the Sheriffs office. At locations where each Constitutional Office has overlapping connections, consolidating our networks would result in significant savings by eliminating these overlaps. Metro Ethernet Wide Area Network BellSouth met with Technical Services in 2006 to discuss a new service offering known as Metro Ethernet. This is a wide area network service offering speeds comparable to our own internal network speeds. This common Metro Ethernet implementation would provide the backbone carrier services for all network traffic for the Sheriff's Office and the Circuit Court to and from sites where we have a common physical presence. The Sheriff s Office will continue to encrypt their traffic at each entry point to our network to ensure compliance with Federal Homeland Security and Department of Justice security requirements. There are three major interconnection points between the BOCC, the Sheriff and the Circuit Court. They exist in Key West, Marathon Government Center and in Plantation Key Courthouse. Because we already have a connection to the Circuit Court in each of these locations, we can disconnect the 3 Tllines that they are using and carry the traffic over our network. The 3 T1lines for video first appearance at each of the courthouses can also be removed because Metro Ethernet provides sufficient bandwidth for transporting video. As part of a separate arrangement, the BOCC maintains a "dark fiber" network connection from the Harvey Government Center to the Sheriff s headquarters. This will enable the disconnection of the Sheriffs separate 1.544 Megabit Internet connection and provide access to a common County Internet connection. The internet connection available in the Harvey Government Center is current 3 Mbs and will be upgraded to 20 Mbs to host the various applications that the Circuit Court and the Sheriff Office have as well as provide Internet Access to all PCS in each of our networks. Finally, the District 2 Commissioner's Office at Ship's Way in Big Pine Key will have the T1line disconnected. It will be replaced with a managed DSL connection similar to our fire stations. The T1 at the Spotswood building in Plantation will also be disconnected as we will be connecting it via fiber to the Courthouse complex. Metro Ethernet Proposal Components There are three distinct amendments to our current Master Services contract with BellSouth. The first is for new Dedicated Internet Access. By combining our data networks, we must provide outside access to all the Constitutional Offices' internet facing applications and mail transport services. This requires additional bandwidth. As a result the speed of our internet connection will be increased with this new connection. The second is for a NetVPN private circuit connection to our Metro Ethernet service. Our fire stations and other smaller offices are currently connected into our Frame Relay network via a similar Virtual Private Circuit connection and this just replaces that and connects to Metro Ethernet. The third and final amendment is for the actual MetroEthernet service. This encompasses all of our Frame Relay sites that will be converted to Metro Ethernet. Metro Ethernet Cost Analysis BellSouth/AT&T has provided Technical Services with a proposal for Metro Ethernet. After reviewing our current wide area network infrastructure, designing a network consolidation plan with the Sheriff's Office and the Circuit Court, and comparing our current cost to the cost of Metro Ethernet, we find the following: . Implementation of Metro Ethernet will require the purchase of new routers for the each BOCC T1 sites as the current routers have integrated T1 components and cannot connect directly to an Ethernet network. The connection between the Marathon Government Center and the Sheriff substation will require an upgrade to the copper-based Ethernet Extender since the Court traffic will also use this connection. This will require a total equipment expenditure of $6,740.36. . There will be a period of two weeks where both the Frame Relay network and the Metro Ethernet network will both be operational during the cutover phase. The plan is to test the new Metro Ethernet circuits in each facility prior to moving all of the client computers on to it. Redundant services for this period will require an expense of $12,821.07. . This proposal, along with our network consolidation efforts with the Sheriff and the Court Administration will result in a net savings $8,795.18 per month over current expenditures for wide area network services while providing up to 8 times the current available bandwidth. . Over length of the entire contract, the total savings (minus the capital purchase and the cost of maintaining Frame service for 2 weeks) over our current expenditures (and of course assuming no price increase from BellSouth for Frame Relay services) is $422,168.64. 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I, ~ ~ !i . > ~ Z ~ o o ..I ...J C ~ ~ ...J CQ E-i ~ ...J ~ 9 ~ ~ ~ < j:l.; VJ ~ MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACTSU~ARY Contract with: BellSouth/ AT&T Contract #BLS FL03-F871-00 Effective Date: 6/20/07 Expiration Date: 6/19/10 Contract Purpose/Description: Approval of Addendum to Master Services Agreement FL03-F871-00 For BellSouth NetVPN Private Virtual Circuit (PVC) for Metro Ethernet Service and Provision of Service to 25 Ships Way on Quote # BBS070202154842 Contract Manager: Lisa Druckemiller 5100 Technical Services/5B (Name) (Ext.) (Department/Stop #) for BOCC meeting on 6/20/07 Agenda Deadline: 6/5/07 CONTRACT COSTS Total Dollar Value of Contract: $ 44,157.60 Budgeted? Yes[8] No D Account Codes: Grant: $ County Match: $ Current Year Portion: $ 1,839.90 001-06002-530-410-_ - - - - ----- - - - - ----- - - - - ----- ADDITIONAL COSTS Estimated Ongoing Costs: $11.039.40/yr For: NetVPN Service and PVC to Metro Ethernet Service (Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.) CONTRACT REVIEW Date In Division Director Ji5L rT) Risk Management W ~ D 1, Changes Date Out Needed ~r YesDNo~ ~ YesDNo@' .~~to.r:lJ7 YesDNo~ ~~_ " ./ YesD No[gl ~ t. {f;J] 10 I 07-- O.M.B./Purchasing County Attorney t..~,.. Comments: OMB Form Revised 2/27/01 MCP #2 May 22, 2007 BellSouth Telecommunications, Inc. 575 Morosgo Drive Atlanta, GA 30324 Re: Letter of Agency The undersigned hereby designates BellSouth Telecommunications, Inc, and its affiliated companies ("BeIlSouth") as its agent for the purpose of (i) placing and coordinating orders for communications services and facilities, or related equipment designated by the undersigned (collectively, "Products" or "Services") with local exchange carriers, interexchange carriers and other providers of communications-related services or related equipment designated by the undersigned (collectively, "Providers"), and/or (ii) otherwise dealing with and performing all ancillary and related matters with respect to coordinating the fulfillment of such orders and/or the installation, delivery, maintenance, servicing or repair of such Products or Services, and the undersigned authorizes BellSouth to place such orders for Products or Services or to perform such other activities described above, directly with such Providers on behalf of, for the account of and in the name of the undersigned. The undersigned acknowledges that it, and not BellSouth, will be responsible for determining and selecting the Products and Services and the Providers to be utilized by the undersigned and for payment of all charges for Products and Services in connection therewith. The undersigned intends that copies of this letter of agency may be given by BellSouth to Providers and that such copies shall be sufficient evidence for such Providers of BellSouth's authority as granted hereunder. This letter of agency shall remain valid until expressly revoked in writing by the undersigned. Sincerely, By: Authorized Representative of Contracting Company Name: Title: Customer Name: Address: Monroe County, a political subdivision of the State of Florida by and through its Board of County Comm issioners 1200 Truman Avenue Key West, FL 33040 Version: 04/2005 Created On: May 22, 2007 Page 1 of 18 CCP-23176 @ BELLSOUTH BellSouth@ Managed Network VPN Service Service Description 1) General Bel/South's Managed Network VPN Services ("Network VPN" or "Service") are a suite of IP VPN connectivity services designed to support the remote access, Intranet, Internet and Extranet application needs of businesses. An IP VPN Service is defined as an emulation of a virtual private network built on top of a shared IP infrastructure to interconnect multiple customer sites and users to a common community of interest. Bel/South utilizes MPLS/BGP4 (conforming to draft RFC 2547bis-01) and IPSec to deliver IP VPN services to Network VPN customers. The Network VPN suite of services consists of the following service capabilities: Network VPN Site-to-Site Service: Network VPN Remote User Service; AAA Hosting; Internet Access with Firewall and Intrusion Protection Feature. Unless otherwise specified, the Service includes provisioning, proactive monitoring, management and technical support for all Network VPN service components, "Service" shall mean the service(s) as identified and set forth in this Service Description, Bel/South reserves the right at any time during the term of customer's Agreement for the Service to modify the Service and/or to migrate customers to any comparable service BellSouth or another AT&T affiliate may have at that time. If Bel/South chooses to migrate the customer, BellSouth will provide the customer with prior written (em ail) notice to that effect. In the unlikely event that any such migration would have a material adverse effect on the customer's ability to use the Service, and Bel/South or another AT&T affiliate cannot correct or remove such adverse effect, the customer wil/ be permitted to terminate its Agreement for the Service without payment of any early termination charges that would otherwise be applicable on account of such termination. 2) Services Provided The service includes 24 X 7 proactive monitoring, management and technical support of all components provided with the service via BellSouth carrier class NOC facilities. Following is a non-inclusive list of the types of activities that will be performed to monitor and manage the provided components within Network VPN Service: 24 X 7 monitoring, management and maintenance of aI/ network infrastructure components associated with the Service, including customer premise equipment (CPE) when the Port + Access + CPE packaging option is selected; Creating, tracking, updating and closing trouble tickets as appropriate; Monitoring, reading, and setting of various SNMP Management Information Base (MIB) variables; Setting and polling of alarms, thresholds, etc,; Addressing customer notification of troubles; Implementing and managing the IP Routing and Forwarding services necessary to forward IP traffic between customer sites and/or users across the Network VPN Service; Reporting and Customer Network Management Interfaces. a) Public and Private Connectivity options Connecting a particular Site and/or Remote User to BellSouth's Network VPN Service is accomplished via one of two methods: "On-Net" Connectivity: a direct connection from the customer premise device to the BellSouth Provider Edge (PE) Router via a private, dedicated connection (Le. Frame Relay. Private Une, DSL). "Off-Net" Connectivity: an encrypted connection from the customer premise device to BellSouth's IPSec Gateway ("IPSec Gateway") utilizing IP Security (IPSec) over a public Internet connection. The JPSec Gateway is hosted in BellSouth facilities and enables connectivity and interoperability between a customer's "Off-Net" sites and/or users and the customer's "On-Net" Network VPN locations. For "Off-Net" connections, the customer is responsible for providing, monitoring and managing the appropriate Internet access service and associated CPE to reach the IPSec Gateway. b) Service Availability Regional (In-Franchise) "On-Net" Network VPN Service: Frame Relay, Private Line, ATM. Metro Ethernet, BellSouth Integrated Solutions, and DSL Service coverage includes all LATAs and metros in the 9-state Bel/South telephone service region in the southeastern United States; however, access options will vary by location. Customer must consult with their BellSouth Account Team to determine individual customer access availability by site/user location and/or serving area. BellSouth Regional Network VPN service is an offering of BellSouth Telecommunications, Inc. National (In-Franchise & Out-of-Franchise) "On-Net" Network VPN Service: Frame Relay, Private Line, ATM, Metro Ethernet, BellSouth Integrated Solutions, and DSL Service coverage includes all LATAs and metros in the continental United States; however, access options will vary by location. Customer must consult with their BellSouth Account Team to determine individual customer access availability by site/user location and/or serving area. BellSouth National Network VPN service is an offering of BellSouth MNS, Inc. c) Network VPN Site-to-Site Service The Managed Network VPN Site-to-Site Service (Network VPN S2S) enables businesses to establish IP level Wide Area Network (WAN) connectivity between business sites over BellSouth's Network VPN service using a wide range of underlying access types/speeds to a given site. BellSouth utilizes a Peer Model in conjunction with a Layer 3 Network VPN backbone architecture in order to interconnect custome sites, The Peer Model requires that the customer edge device (typically a router) "peer" with only one router at the edge of the BellSouth Network VPN service (as opposed to all other CPE routers associated with specific sites on the customer's VPN network). Once the BellSout Version: 02/2006 Created On: May 22, 2007 Page 2 of 18 CCP-23176 PE Router receives an IP Packet from a particular customer site, BellSouth is responsible for routing that packet across the BellSouth Network VPN service to the appropriate customer site destination, This connectionless architecture enables the creation of VPNs in Layer 3 while eliminating the need for tunnels or Virtual Circuits between all customer sites. Access types A Network VPN S2S Service access type/speed combination will be selected for each customer site. Following is a list of the standard Network VPN S2S access types that are currently supported. Availability of access type will vary by customer site and access serving area:, Frame Relay; Private Line; ATM; Metro Ethernet (see requirements below); BellSouth@ Integrated Solutions; DSL. Metro Ethernet (MetroE) Access to Network VPN . Requirements This service will enable customers to connect to the Network VPN service at various Metro Ethernet speeds. MetroE access to Network VPN is available as Port + Access + CPE, Port + Access and Port Only service options. When Network VPN is provided via Metro Ethernet Premium service, packets originating from a particular Customer are identified by use of a Virtual Local Area Network number (VLAN Tag) that is assigned by BellSouth when the service is provisioned, The VLAN tag is embedded in each Ethernet packet received from the Customer and serves to identify the source of the packet to BellSouth. The requirement to identify MetroE to Network VPN Customers by VLAN Tag requires that the data transport service connecting to the BMF conform to the following requirements: 1, The BellSouth Metro Ethernet Service ordered from BellSouth must be Metro Ethernet Premium service equipped with Q- Forwarding, Q-Forwarding is an optional Metro Ethernet Premium feature that adds support for VLAN tagging to the BellSouth standard Metro Ethernet Premium service. 2. If a Customer already uses a BellSouth Metro Ethernet service that does not include VLAN tagging, (i.e. BellSouth Basic Metro Ethernet service), and one or more of the existing locations desire to add Network VPN services, then all locations served by that service must be upgraded to the Metro Ethernet Premium service. 3. The CPE equipment effecting the Ethernet connection at the Customer Premises to the BellSouth Metro Ethernet service must support VLAN tagging via the 802.1Q protocol, When a Port+Access or Port Only configuration is ordered, the Customer must provide compatible CPE and configure it according to the VLAN tags that will be assigned by BellSouth during the ME to Network VPN provisioning process. Customers providing their own Metro Ethernet transport to the Port Only Service option must purchase rate elements for Premium Fixed Metro Ethernet speeds 2M, 4M, 8M, 10M, 20M, 50M, 100M, 250M, 500M or 900M plus any additional mileage charges required to connect the customer premise to the closest equipped Metro Ethernet switch Central Office, Customer provided routers must be VLAN tagging capable for Metro Ethernet to Network VPN service, All dedicated, point-to-point tariffed transport services used to provide access to the Network VPN service are provided via the FCC jurisdiction tariffs, Customer Responsibilities: Provide alllP Addresses to be used in customer's VPN Network; (BellSouth will typically assign addresses from the customer provided pool of IP Addresses); Provide routing from Customer-edge routers to provider-edge routers (Bell South owned and maintained) via Network VPN supported protocols; Configuration and maintenance of all Customer-owned devices on Customer's network. CE To PE Routing for "On-Net" Connections At each customer premise, a device is attached to the Network VPN via some type of data link connection such as Frame Relay, Point-to- Point Protocol, etc. The router at the customer premise (the CE device) may connect a single host, single subnet or multiple subnets to the Network VPN Service. At any site where the Port + Access + CPE packaging option is not selected or is not available, it is the customer's responsibility to monitor and manage or to engage a third party to monitor and manage their own CE devices. As part of that management, the customer must provide the routing from the CE device to the BellSouth PE Router via a BellSouth Network VPN supported routing protocol. Unless otherwise specified by the customer, static routing will be the default customer routing method provisioned for each location. Class of Service Class of Service (CoS) is a way of managing traffic in a network by grouping similar types of traffic together and treating each type as a class with its own level of service and priority. The BellSouth CoS offering will support four classes of traffic: (1) real-time; (2) interactive; (3) business priority and (4) best effort. The real time class is intended to provide a building block for low delay, low jitter and low loss services, such as real-time voice. The interactive and business priority classes are intended to provide customers with a low delay and low loss service that would be applicable for video and business critical applications. The best effort class is intended to provide customers with a standard delivery mechanism that does not require real-time parameters. BellSouth's Class of Service architecture is based on a Differentiated Services (DiffServ) model, whereby traffic entering the BellSouth network is classified, and possibly conditioned, at the boundaries of the network and assigned to different behavior aggregates. A predefined marking scheme is used to identify each behavior aggregate. Traffic that does not conform to BellSouth's predefined marking scheme will be classified as best effort. Traffic classification should occur within the customer's network or at the Customer Premises Equipment (CPE). BellSouth will not perform classification of packets at the Provider Edge ingress, other than to enforce the CoS contract. BellSouth's solution will support Class of Service whether BeflSouth or the customer manages the customer premises equipment. If BellSouth does not manage the router, the customer will be responsible for classifying the traffic according to policies provided by BellSouth. Version: 02/2006 Created On: May 22, 2007 Page 3 of 18 CCP-23176 d) Network VPN Remote User Services The Network VPN Remote User Service enables businesses to securely and cost-effectively connect remote users to the corporate network over BellSouth's Network VPN Service. The service supports "Off-Net" remote user configurations as described below. The Network VPN Remote User Service will be sold as a distinct overlay service to the underlying IP/lnternet connectivity for this service configuration. Thus, the company and/or remote user purchases global Internet Access distinct from the Network VPN Remote User Service, Additionally, the Customer is responsible for implementing any additional security capabilities for the remote user environment (e,g. personal firewalls, virus scanning, etc,) beyond the basic secure Network VPN connectivity provided in the following Network VPN Remote User Service "Off-Net" configuration. At a minimum, one Network VPN "On-Net" S2S Connection, which will be designated as the host site, is required for the Network VPN Remote User Service. This connection can be dedicated for just Network VPN Remote User Service, or it can be implemented in conjunction with the Network VPN Site-to-Site Service. End User Level Help Desk Support BellSouth provides, as part of the Network VPN Remote User Service, a business-class end user technical support help desk, The Help Desk is available via a toll-free number 24 hours a day, 365 days a year to support end users having trouble accessing the VPN due to VPN Client Software or other connectivity issues. The Help Desk does not provide support for troubleshooting home networks nor any other end user or server based applications, BellSouth performs the following end user help desk functions as part of the Network VPN Remote User service: 24x7 access to a toll-free technical support help desk to all end users of the Network VPN Remote User Service; Assisting the customer's remote user with VPN Client Software download, installation and use; Troubleshooting basic connectivity issues. Remote User Access Control Authentication, Authorization and Accounting (AAA) servers provide the primary means through which access controls are set up for the remote users, and therefore are required for Network VPN Remote User Service. The customer may host the AAA services or outsource the AAA hosting to BellSouth. If the customer chooses to host the AAA services, the customer must work with BellSouth to validate interoperability with the Network VPN Remote User Service as AAA services are also utilized to fulfill on a variety of required reporting requirements. User name and password will be the only supported authentication scheme for BellSouth hosted AAA services. Network VPN Remote User Service - "Off-Net" IPSec Configuration This service configuration provides secure remote access connectivity to be established to the customer's network for any Internet accessible user. A Cisco IPSec Client, which the remote user downloads from the BellSouth Network VPN Customer Network Management (CNM) web interface, is provisioned with this Network VPN Remote User Service Configuration. This IPSec client must be installed on each client workstation requiring access to the customer's Network VPN Service. Valid users are established by the customer's network administrator through an AAA user authentication database (which must be hosted by the customer or by BeIlSouth). The secure IPSec VPN tunnel is initiated at the remote user's client location and is terminated on the IPSec VPN Gateway at the edge of the BellSouth Network VPN Service, As the IPSec client is utilized to establish the VPN connectivity, this service is independent of the underlying access and can therefore be utilized in conjunction with any BellSouth or third party Internet access service. However, more integrated service and support is provided when it is used in conjunction with BellSouth FastAccess@ or Dial Internet Services. IPSec Remote User Client Software All "Off-Net" Remote Users will be required to use Cisco's IPSec software client, which can be downloaded via the BellSouth provided Network VPN CNM web interface. Supported Remote User Internet Access types As previously mentioned, Network VPN Remote User Service is purchased and provisioned independently of the required underlying Internet access connectivity. However, as follows, there are differences in the Internet access that can be utilized and/or are supported in conjunction with the service configuration. The Network VPN "Off-Net" IPSec Remote Client Configuration can be utilized regardless of the underlying Internet access type. However, it is intended to support remote user access via typical dial-up or broadband access speeds. As such, appropriate acceptable use policies may be applicable and/or IPSec Gateway bandwidth rate limits implemented to prevent any potential abuse of the service. e) Value Added Internet Access with Firewall Feature The customer may choose to provide all of their Network VPN Sites and/or Remote Users with Global Internet access via a centralized, Global Internet connection provided by BellSouth, Additionally, BellSouth provides network based security services (e,g. Managed Firewall and Network Address Translation (NAT), etc.) via the BellSouth Security Services Gateway ("Security Services Gateway") in order to apply appropriate perimeter security mechanisms when the global Internet Access service is provisioned, Customer will be required to subscribe to the Firewall Feature if they chose the Internet Access Feature as part of their overall Network VPN service. The Managed Firewall Feature is comprised of the following: Configuration of the customer's Network VPN to enable controlled Internet access; Multi-homed globa/lnternet connectivity from the Network VPN "cloud"; Provisioning and configuration of the Security Services Gateway; Initial design and implementation of the firewall rule base; Support for Network Address Translation (NAT); 24X7 Monitoring of the Firewall Platform; Firewall Administration and backup; Help Desk support and implementation of rule base changes as requested by Customer; Firewall logging and reporting; SLAs. The Internet Access with Firewall Feature is available in one of two service levels: Basic and Advanced. Internet Access with Basic Firewall Feature includes: Outbound Only Rule Set; Version: 02/2006 Created On: May 22, 2007 Page 4 of 18 CCP-23176 Dynamic NAT; Domain Name Service (DNS) Caching (resolution); (1) Public IP Address to be used for NAT. The Advanced Firewall Feature includes the following: Support for Inbound and Outbound Rule Sets: DNS Caching and DNS Hosting for public IP Addresses provided by BellSouth as part of the service; Static NA T for public IP Addresses provided by BellSouth as part of the service; Support for logical demilitarized zone (DMZ) configurations using a separate PVC (only available at sites where Port + Access + CPE packaging option is selected). Intrusion Protection Feature An optional add-on security service whereby BellSouth enables Check Point's SmartDefense filters to detect and thwart a range of application level attacks. As new advisories are received from Check Point, BellSouth will notify the customer of the new advisory and allow them to choose if they would like to act upon the advisory by adding the filter to their existing Intrusion Protection Policy. The Intrusion Protection Feature includes: Initial policy definition and implementation; Event detection, blocking and logging based on Check Point's SmartDefense filters; Logging and Reporting (only available upon request); Ongoing subscription to SmartDefense Advisories. f} Service Packaging and Pricing The Network VPN Site-to-Site service will support multiple service packaging options for a given site based upon access type, speed and components bundled with the service (e.g. Network VPN S2S Port + Access). Support for specific service package variations differ by access type and geography. Network VPN S2S Service - "On-Net" Packaging Variations Network VPN S2S Service Port + Access + CPE: The Network VPN S2S port as well as the associated local loop and Customer Premise Equipment. With this packaging option, the Customer Premise Equipment includes a router and the LAN interface on the router is the point of demarcation between the customer's LAN and the BellSouth Network VPN Service. A separate 1 FB (business local lOop) is required for out of band management which is not included as part of the Network VPN Service . For S2S DSL connections, the customer is responsible for providing the appropriate underlying 1 FB (business local loop). Network VPN S2S Service Port + Access: Both the Network VPN S2S port as well as the associated local access/transport is included with the service. For S2S DSL connections, the customer is responsible for providing the appropriate underlying 1 FB (business local loop), Network VPN S2S Service Port only: Only the Network VPN S2S port is provided with the service. The Customer is responsible for providing the associated local access/transport. Network VPN S2S Service - "On_Net" CoS Options From a service perspective, CoS will either be enabled at a given site, or not enabled, Customers will be charged a premium for those sites where CoS is required. The number of classes available to a customer at any given site are dependant upon the CaS package option contracted for at that site. BellSouth offers the following CaS packaging variations: Standard - This option only includes the best effort class of service and is available for those customers who do not have a need for class of service prioritization. CoS-Basic - This option includes the Best Effort and Priority Business classes and is for those customers who need class of service to prioritize data traffic, but do not need all four forwarding classes. CoS-Premium - This option includes all four forwarding classes. When CoS is enabled, the customer's traffic will be allocated via a CoS policy that spells out how much bandwidth will be allocated to the individual classes. The bandwidth allocations in the CoS policy spell out the contracted bandwidth rates ("Contracted Bandwidth"), Unless otherwise agreed to in writing by BellSouth, no more than 50% of the total port bandwidth at a particular site may be allocated to the real-time and/or interactive classes. Network VPN S2S Service - "Off-Net" Packaging Network VPN S2S "Off-Net" IPSec Termination - (see also IPSec Tunneling Termination): This service variation provides for the termination and interoperability of an IPSec tunnel originating from an IPSec CPE device and is independent of any given access service/technology. The customer is responsible for providing the global Internet access service required to connect to the IPSec Gateway as well as any associated CPE and CPE management. Remote User - Service Tiers Service packaging is based upon a committed monthly remote user service tier. The remote user service tier defines a "per remote user rate" as well as any committed minimum monthly recurring charge. The Remote User Service excludes any underlying access/transport services. Version: 02/2006 Created On: May 22,2007 Page 5 of 18 CCP.23176 g) Reporting and Customer Network Management (CNM) Interfaces The service includes online web-based CNM interface to address the following areas related to the customer's Network VPN service: 1) Network Status & Performance (Service Level Agreements (SLAs) and Statistics Reports); 2) Trouble Ticket Submission; 3) Security Administration (For submitting Firewall rule base change requests); 4) Network VPN Client Download; 5) Remote User Management. h) Network Addressing BellSouth will assign IP addresses to all Network VPN connections out of a customer provided pool of IP address space. While Non-Internet Routable, Private IP addresses are preferred, the customer may provide both Private and Public IP address space for use within the customer's VPN network. Additional design fees may apply when implementing Public IP addressing schemes. Remote users will be assigned a dynamic private IP address (non-Internet routable) when they logon to the Network VPN Remote User Service, These addresses are independent of the Internet addresses assigned as part of the remote users' underlying global Internet Connectivity. Thus, a user may have a dynamic or static Internet address, but they will always be assigned a dynamic private IP address for the Network VPN Remote User Service. 3) Service Activation and Billing Billing for individual service components will commence upon service activation, For Site-to-Site Service, billing may commence upon activation of at least two sites, For Remote User Service, billing may commence upon activation of at least one site and the associated AAA services. 4) Disclaimer BellSouth provides the service "as is", without warranty of any kind, whether express or implied. BellSouth disclaims all implied warranties including implied warranties of marketability or fitness for a particular purpose. The Customer understands and agrees that, although characterized as "secure" and generally considered to be significantly more secure than standard Internet access methodologies, the service is not a guarantee against intrusions or other unauthorized use of or access to customer's network or systems, BellSouth will not be liable for indirect, special, incidental, exemplary, or consequential damages, or for any loss of profits resulting from the use of this service by the Customer or any third parties. In no event shall BellSouth's liability exceed a refund of the amounts actually paid to BellSouth for services provided pursuant to this agreement. The service is subject to the warranty and damages limitations and exclusions set forth in BellSouth's standard terms and conditions for the service. 5) Service Level Agreements The following Service Level Agreements ("SLAs") are made by BellSouth to customers who have ordered qualifying Managed Network VPN Service from BellSouth, for a minimum service telTTl of one year or greater, The list of Qualifying Managed Network VPN Services varies by SLA metric and is detailed under each SLA Metric below. For the purposes of the SLAs, the term "Qualifying Site" means any site included in the Qualifying Service and the term "Qualifying Service" does not include any of the Services (or any applicable charges therefor) relating to any sites which are not Qualifying Sites. BellSouth intends to provide the Service such that it will perform in a manner consistent with the objectives set forth in this document. If BellSouth fails to perfolTTl the Service such that any of the following SLAs are not met, the sole obligation of BellSouth and the Customer's sole remedies shall be for BellSouth to use commercially reasonable efforts to effectuate a repair of the Services and for BellSouth to provide the credits, if any, specified below, Network VPN service level agreements are broken down into five categories: installation, network availability, core perfolTTlance, access circuit performance, and security services perfolTTlance. For all SLA targets, service credits will not be available to Customer, in cases where SLA targets are missed as a result of (i) the negligence, acts or omissions of Customer, its employees, contractors or agents or its end users; (ii) the failure or malfunction of testing equipment, applications or systems; (iii) port utilization greater than 80%; (iv) circumstances or causes beyond the control of BellSouth, including instances of Force Majeure (including war, riots, embargoes, strikes, or other concerted acts of workers, casualties or accidents, malicious or criminal acts of third parties, or any other causes or circumstances whether of a similar or dissimilar nature to the foregoing, which prevent or hinder the delivery of the Services); or (v) scheduled service maintenance, alteration, or implementation. Such credits will be granted only if Customer affords BellSouth full and free access to Customer's equipment to perfolTTl necessary testing, troubleshooting or related activities. a) Installation SLAs Installation Date (1) "Installation Date" is the actual date that the Qualifying Services are made available to the Customer at a Qualifying Site. All expedited installation requests do not qualify for this installation SLA. (2) The objective for the Installation Date is to be on or before the target date for 90% of all Qualifying Sites in any Customer Order (or to not miss the Installation Date for more than 1 Qualifying Site, if such Order encompasses less than 10 Qualifying Sites), The target date is the scheduled installation date committed to by BellSouth, as reflected on BellSouth's service management records. For any Customer Order for which the objective is not met (other than for the reasons set forth above) Customer will receive a credit, which may be applied towards Customer's subsequent monthly invoice(s), equal to 100% of the installation charges (if any) otherwise payable by the Customer for any Qualifying Site for which the Installation Date was not met. (3) For the purposes of the Installation Date SLA, the telTTl "Qualifying Site" applies to any site that is served via Frame Relay, Private Line, A TM, Metro Ethernet, BellSouth Integrated Solutions or DSL access transport, and for which BellSouth charges an installation fee, (4) The Internet Access with Firewall Feature includes a separate objective for Installation Date. The objective is for the Internet Access with Firewall Feature to be made available upon or before the target date. The target date is the scheduled installation date committed to by BellSouth, as reflected on BellSouth's service management records, For any Customer Order for which the objective is not met (other than for the reasons set forth above) Customer will receive a credit, which may be applied towards Customer's subsequent monthly invoice(s), equal to 100% of the Internet Access with Firewall Feature installation charges (if any) otherwise payable by the Customer. Version: 02/2006 Created On: May 22, 2007 Page 6 of 18 CCP-23176 b) Network Availability (1) "Network Availability" is the percentage of total minutes during a calendar month that the Services are available to the Customer. Network Availability is calculated as follows: Network Availability% = ((Total Minutes in the Month times the number of Qualifying Sites) - [sum of outage minutes for all Qualifying Sites]) *100)/(Total Minutes in the Month times the number of Qualifying Sites). "Outage minutes" shall be deemed to be the length of time during which the Services are unavailable to the Customer at each Qualifying Site, as determined by BellSouth in accordance with its standard procedures therefor in effect from time to time. "Outage minutes" shall not include any outages (i) occurring during scheduled maintenance activities; (Ii) attributable to any act or omission of Customer; (iii) attributable to Customer's applications. equipment or facilities; (iv) resulting from reasons of Force Majeure (including war, riots, embargoes, strikes, or other concerted acts of workers, casualties or accidents, malicious or criminal acts of third parties, or any other causes or circumstances whether of a similar or dissimilar nature to the foregoing, which prevent or hinder the delivery of the Services) or other causes beyond the reasonable control of BellSouth; or (v) lasting sixteen minutes or less, (2) The objective for Network Availability is 99.90% for S2S Network VPN Service. For any month in which the objective is not met, Customer wil/ receive a credit, which may be applied towards Customer's subsequent monthly invoice(s), equal to 1/30th of the monthly recurring Network VPN charges for the affected portions of the Qualifying Service (Le., the portiones) of the Qualifying Service directly made unavailable as a result of the outage(s) in question) for each cumulative hour or portion thereof during which such Services are unavailable to the Customer (subject to the limitations set forth herein), Unavailability and credits will be prorated and paid in 15-minute increments, The credits payable for the Network Availability objective missed during anyone-month period shall not exceed fifty percent of the total monthly recurring charges for the Qualifying Services, (3) For the purposes of the Network Availability SLA, the term "Qualifying Site" applies to any site that is served via Frame Relay, Private Line, A TM, Metro Ethernet, or BellSouth Integrated Solutions. (4) The Internet Access with Firewal/ Feature includes a separate objective for Network Availability that is 99.99%. For any month in which the objective is not met, Customer will receive a credit, which may be applied towards Customer's subsequent monthly invoice(s), equal to 1/30th of the monthly recurring Network VPN charges for the Internet Access with Firewall Feature for each cumulative hour or portion thereof during which such Services are unavailable to the Customer (subject to the limitations set forth herein). Unavailability and credits will be prorated and paid in 15-minute increments, c) Core Performance (1) "MPLS Core" refers to the backbone portion of Bel/South's Managed Network VPN Service network, CE routers and Access Circuits are outside the Core Network. The objectives for Core SLAs are as follows: In-Franchise & Out-of-Franchise "On-Net" S2S Services Measurement Best Effort Priority Business Interactive Real-Time Latency (roundtrip) <-55 ms <-50 ms <=50 ms <=45ms Jitter (roundtrip) NA NA NA <-2 ms Packet Delivery >-99.60% >-99.70% >-99,80% >-99,90% (2) For the purposes of MPLS Core SLAs, "Qualifying Service" applies to any site that is served via Frame Relay, Private Line, ATM, Metro Ethernet. Bel/South Integrated Solutions or DSL transport. Core Latencv (1) "Average Core Latency" is the monthly average round-trip latency of designated portions of the Network VPN Service MPLS core network, determined by measuring round-trip ping responses over such portions of the network as determined by BellSouth, (2) For any month in which one or more Core Latency targets is not met for any Class(es) of Service applicable to Customer's Qualifying Service at any particular site, Customer will receive a credit, which may be applied towards Customer's monthly invoice, equal to 10% of the monthly recurring charges for the Qualifying Service at such site. Core Jitter (1) "Average Core Jitter" is the monthly average Jitter of designated portions of the Network VPN Service MPLS core network, determined by measuring the standard deviation of variation in Latency from packet to packet taken in five minute intervals over the course of the month. (2) For any month in which one or more Core Jitter targets is not met for any Class(es) of Service applicable to Customer's Qualifying Service at any particular site, Customer will receive a credit, which may be applied towards Customer's monthly invoice, equal to 10% of the monthly recurring charges for the Qualifying Service at such site, Core Packet Deliverv (1) "Average Core Packet Delivery" is the monthly average round-trip packet delivery of designated portions of the Network VPN Service MPLS core network, determined by measuring round-trip network responses over such portions of the network as determined by BellSouth. (2) For any month in which one or more Core Packet Delivery targets is not met for any Class(es) of Service applicable to Customer's Qualifying Service at any particular site, Customer will receive a credit, which may be applied towards Customer's monthly invoice, equal to 10% of the monthly recurring charges for the Qualifying Service at such site. d) Access Circuit Performance (1) "Access Circuit" refers to the transport connecting a CE router to the BellSouth PE router. Access Circuit performance SLA's are applicable only for the In-Franchise NetVPN service offering. The objectives for Access Circuit SLA's are as follows: Version: 02/2006 Created On: May 22, 2007 Page 7 of 18 CCP-23176 Access Circuit SLA Targets Targets by Class of Service (Regional Network VPN Service) Measurement Real-Time Latency (roundtrip) <=50ms Jitter (roundtrip) <-5 ms Packet Delivery >=99,90% (2) For the purposes of Access Circuit SLAs, "Qualifying Site" applies to those sites that meet all of the following qualifying criteria: The site must subscribe to CoS Premium; The site must be an "on-net location" and have one of the following qualifying transport types: Frame Relay, Private Line, ATM, Metro Ethernet, or BellSouth Integrated Solutions; The site must subscribe to Port + Access + CPE packaging option; The minimum port speed must be greater than or equal to 768K. (3) Access circuit SLA measurements are performed by means of probes configured between a test router and each customer premise router, and by SNMP measurements taken at the customer premise router (CPE) and at the provider edge (PE) router. Access Circuit SLA measurements are calculated by taking the average of the measured values over a calendar month. with the following exceptions: Any measurement during which time actual traffic being sent exceeds the contracted bandwidth amount for that site/queue and any measurements taken during scheduled maintenance windows shall not be used in calculating the monthly average for SLA purposes. Access Circuit Latency (1) "Average Access Circuit Latency" is the monthly average round-trip latency from CE to PE averaged across all Qualifying Sites, (2) For any month in which one or more Access Circuit Latency targets is not met for any Class(es) of Service applicable to Customer's Qualifying Service at any particular site, Customer will receive a credit, which may be applied towards Customer's monthly invoice, equal to 10% of the monthly recurring charges for the Qualifying Service at such site. Access Circuit Jitter (1) "Average Access Circuit Jitter" is the monthly average Jitter from CE to PE averaged across all Qualifying Sites. (2) For any month in which one or more Access Circuit Jitter targets is not met for any Class(es) of Service applicable to Customer's Qualifying Service at any particular site, Customer will receive a credit, which may be applied towards Customer's monthly invoice, equal to 10% of the monthly recurring charges for the Qualifying Service at such site. Access Circuit Packet Delivery (1) "Average Access Circuit Packet Delivery" is the monthly average round-trip packet delivery from CE to PE averaged across all Qualifying Sites. (2) For any month in which one or more Access Circuit Packet Delivery targets is not met for any Class(es) of Service applicable to Customer's Qualifying Service at any particular site, Customer will receive a credit, which may be applied towards Customer's monthly invoice, equal to 10% of the monthly recurring charges for the Qualifying Service at such site. e) Security services performance (these SLAs only applicable for Internet Access with Firewall Feature) Firewall Rule-base Chance ImDlementation (1) "Firewall Rule-base Change Implementation" SLA is based on the actual amount of time elapsed from the time BellSouth receives a Customer initiated firewall rule-base change request until implementation of that rule into production. This SLA is based on actual time of implementation, and not on the time that Customer was notified that the request was completed. This SLA is only available for rule-base change requests submitted by a valid Customer Security Contact in accordance with the Rule-base Change Request Submission Procedure. Customer is solely responsible for providing BellSouth accurate and current contact information for Customer's designated points of contact. BellSouth will be relieved of its obligations under this SLA if BellSouth's Security Contact information for Customer is out of date or inaccurate due to Customer's action or omission. (2) The objective for Firewall Rule-base Change Implementation is to implement Customer rule-base change requests within the target interval 100% of the time, The target interval for Basic Firewall is within twelve (12) hours of receipt of a valid rule-base change request. The target interval for the Advanced Firewall Service Level is within four (4) hours of receipt of a valid rule-base change request. For any month in which the objective is not met, Customer will receive a credit for each instance, which may be applied towards Customer's monthly invoice, equal to 1/30 of the monthly recurring charges for the Internet Access with Firewall Feature. The credits payable for the Firewall Rule-base Change Implementation objective missed during anyone-month period shall not exceed fifty percent of the total monthly recurring charges for the Internet Access with Firewall Feature. Proactive Firewall Monitorina (1) Firewall Outage Notification" SLA is based on the actual amount of time elapsed from the time that an outage is determined by BellSouth to the time that the Customer is notified by BellSouth. Customer is solely responsible for providing BellSouth accurate and current contact information for Customer's designated points of contact. BellSouth will be relieved of its obligations under this SLA if BellSouth's Security Contact information for Customer is out of date or inaccurate due to Customer's action or omission. (2) The objective for Firewall Outage Notification is to notify the Customer within 15 minutes of the time that an outage is determined, For any month in which the objective is not met, Customer will receive a credit for each instance, which may be applied towards Customer's monthly invoice, equal to 1/30 of the monthly recurring charges for the Internet Access with Firewall Feature. The credits payable for the Firewall Outage Notification objective missed during anyone-month period shall not exceed fifty percent of the total monthly recurring charges for the Internet Access with Firewall Feature. 6) SLA Terms and Conditions Customers whose Service was established prior to 5/1/07 should anticipate receiving any applicable credit within 2 billing cycles after the month in which the SLA objective was missed. Customers whose Service is established after 5/1/07 will need to call 1-800-317-3343 and select the appropriate option to request SLA payments, and should anticipate receiving any applicable credit within 2 billing cycles after the month in which the SLA credit was requested. If a customer whose Service was established prior to 5/1/07 believes a credit should have been applied but was not. or a customer whose Service is established after 5/1/07 wishes to request a credit, such customer must request such credit within 120 days after the date of the report from Version: 02/2006 Created On: May 22, 2007 Page 8 of 18 CCP-23176 BellSouth giving notice that an SLA objective was missed. If Customer's request for a credit was in error, Customer may be charged for the costs associated with researching the credit request. The total credits payable for SLA objectives (other than the Installation Date SLA) missed during anyone-month period shall not exceed fifty percent of the total monthly recurring charges for the Qualifying Services. The cumulative SLA credits granted in a month for a given site will not exceed 50% of the price paid for that individual site within a billing period. Version: 02/2006 Created On: May 22, 2007 Page 9 of 18 CCP-23176 SELLSOUTH Addendum to Master Contract for Monroe County, a political subdivision of the State of Florida by and through its Board of County Commissioners BELLSOUTH BUSINESSsM MASTER AGREEMENT# FL03-F871-00 Quote # BB5070202154842 Term The undersigned Customer hereby orders from BellSouth Business Systems, Inc on behalf of BellSouth Telecommunications, Inc. ("Bell South") the BellSouth Business Services of the type, at the location and for the prices and term specified in this Addendum and its related Addendum Detail Form(s) (collectively, this "Addendum"). BellSouth Business Service is provided, and this Addendum is submitted, subject to and in accordance with BellSouth Business Services Master Agreement, and all applicable acceptable use policies. This Addendum is valid only when accepted by an authorized representative of BellSouth. The term of the Service begins upon completion of installation and activation by BellSouth, unless terminated earlier as set forth herein or in accordance with the provisions set forth in the BellSouth Business Services Master Agreement. and will continue thereafter for the thirty-six (36) months unless terminated by either of the parties in accordance with the provisions set forth in the BellSouth Business Services Master Agreement. Additional Terms and Conditions 1. Pre-qualification does not guarantee service availability at the installation location. Although Customer's line pre-qualified for Service there are circumstances beyond BellSouth's control that may result in Customer's inability to receive this Service. Some of these limitations are not detectable until BellSouth's installers are at Customer's location and attempt installation of the Service. If it is determined that BellSouth is unable to install this Service, Customer will not incur any charges associated with the attempted provisioning of Service for the affected location(s}, 2. If Customer cancels its Services or any portion thereof, or has its Services or any portion thereof terminated pursuant to Sections 12(a} or 12(b) of the Master Agreement, prior to the expiration of the minimum term selected herein, Customer shall be obligated to pay BellSouth a termination charge equal to 50% of the total monthly charges (other than variable usage charges) that would have become due for the remainder of the scheduled minimum term if such termination had not occurred. Such termination charge shall be paid to BellSouth within thirty (30) days after such cancellation, 3, If Customer cancels installation of the Services, or part of a service order, before the installation due date, Customer shall be obligated to pay BellSouth cancellation charges equal to 50% of all the standard nonrecurring charges associated with the order, or that part of the order being cancelled, 4, Customer may incur additional charges in the event BellSouth has to build out additional facilities in addition to provision Customer's Services. Customer will be notified of such additional charges and may terminate the Services without incurring cancellation charges, 5. This Addendum may be executed in one or more counterparts, each of which shall be deemed an original and all of which shall be taken together and deemed to be one instrument. The Parties agree that a facsimile or electronic transmission of each Party's signature to this Addendum and Orders hereunder will be deemed an original and the best evidence thereof for all purposes, including, without limitation, all evidentiary purposes before any arbitrator, court or other adjudicatory authority. 6. The term of each subsequent Order for the same type Service shall be co-terminous with the initial Order for the same type Service, unless otherwise provided for in such subsequent Order. 7, Metro Ethernet Customers purchasing the Network VPN Port Only option will be charged fees in accordance with BellSouth's lawfully filed tariffs (or generally available terms and conditions or commercial agreements, where applicable) for any upgrades to Customer's existing BellSouth Metro Ethernet services that may be required to support the proposed Network VPN Port Only services. Such upgrades may include some or all of the following charges as well as other charges, depending upon particular Customer circumstances: Version: 02/2006 Created On: May 22, 2007 Page 10 of 18 CCP-23176 Customer Initials: Dale: 1) Increase of committed bandwidth (CBW); , 2) Upgrade from Metro Ethernet Basic Service to Metro Ethernet Premium Service; 3) Addition of the Q-Forwarding feature to support multiple virtual local area network (VLAN) identifiers over a single physical facitily; 4) Assignment of multiple VLAN identifiers. Charges for these upgrades will appear in the Customer's bill for the Metro Ethernet Services. 8. BellSouth acknowledges that customer is a governmental entity and is dependent upon budgetary funding to help pay for the Services being ordered by Customer under this Order. Provided that Customer has diligently and in good faith applied for, submitted all required forms and information, and performed all other duties and obligations required of Customer in connection with obtaining initial and continuing funding from the Customer budget with respect to the Services, BellSouth agrees that Customer may terminate the Services and this Order at any time upon at least thirty (30) days' prior written notice to BellSouth, without payment of any early termination charges that would otherwise be due, such waiving of termination fees will apply if (and only if) Customer does not obtain substitute Services from a competitor within one year of any denial of funding under the Customer's budget or the funding becomes depleted or is changed during the term of this Order such that funding is no longer available to Customer for the Services. Such waiver is also subject to any and all applicable tariffs or an approved CSA. 9. Public Records, Upon thirty (30) days prior written notice and during normal business hours the parties shall allow and permit reasonable access to, and inspection of, all documents, papers, letters or other materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the Customer and BellSouth in conjunction with this Agreement; and the Customer shall have the right to unilaterally cancel this Agreement upon violation of this provision by BellSouth. 10, Billing Records. Upon thirty (30) days prior written notice and during normal business hours, BellSouth shall make its billing records and other records to substantiate the BellSouth charges available to the Customer during the contract and for three years after the contract termination, BellSouth shall make the aforementioned records, available once per year, unless due to cause or breach, in those cases BellSouth will make the records available as needed, Any audit shall be at the expense of the Customer. 11. Nondiscrimination. The parties 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. The parties 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 99 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 9794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC 996101-6107), 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, 99 523 and 527 (42 USC 99 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 99 3601 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 991201), 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. 12. No Solicitation/Payment. BellSouth represents that it, its directors, principles and employees, presently have no interest and shall acquire no interest, either direct or indirect, which would conflict in Version: 02/2006 Created On: May 22, 2007 Page 11 of 18 CCP-23176 Customer Initials: Date: any manner with the performance of services required by this contract, as provided in Sect. 112,311, et. seq., Florida Statutes. County agrees that officers and employees of the County recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information, BellSouth and Customer each 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. 13, Public Entity Crime Statement. A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287,017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 14. CUSTOMER HAS READ AND AGREES TO BE BOUND BY THIS ADDENDUM, INCLUDING THE APPLICABLE ADDENDUM DETAIL FORM (S) AND THE BELLSOUTH BUSINESS SERVICES MASTER AGREEMENT AND RATE SCHEDULES, AND ALL APPLICABLE ACCEPTABLE USE POLICIES, ALL OF WHICH REPLACE AND SUPERSEDE ANY OTHER NEGOTIATIONS, AGREEMENTS, PROPOSALS AND COMMUNICATIONS (ORAL OR WRITTEN) RELATING TO THE SERVICES LISTED OR DESCRIBED ON THIS ADDENDUM AND SHALL PREVAIL OVER ANY ADDITIONAL OR CONFLICTING TERMS IN ANY PURCHASE ADDENDUM, INVOICE, ACKNOWLEDGMENT OR OTHER SIMILAR DOCUMENT ISSUED BY CUSTOMER. ACCEPTANCE OF ANY ADDENDUM BY BELLSOUTH IS SUBJECT TO BELLSOUTH CREDIT AND OTHER APPROVALS, FOLLOWING ADDENDUM ACCEPTANCE, IF IT IS DETERMINED THAT THE INITIAL CREDIT APPROVAL WAS BASED ON INACCURATE OR INCOMPLETE INFORMATION, BELLSOUTH IN ITS SOLE DISCRETION RESERVES THE RIGHT TO CANCEL THE ADDENDUM WITHOUT LIABILITY OR SUSPEND THE ADDENDUM UNTIL ACCURATE AND APPROPRIATE CREDIT APPROVAL REQUIREMENTS ARE ESTABLISHED AND ACCEPTED BY CUSTOMER. Version: 02/2006 Created On: May 22, 2007 Page 12 of 18 CCP.23176 Customer Initials: Date: Summary Managed Network VPN Components purchased: Site-to-Site locations: 2 Customer will pay to BellSouth all charges billed pursuant to the Contract. Charges are as set forth below. Charges In$tal/atian Charge Mgothly Re~...QingC.tlarge .. BellSouth Total $0,00 $91 9.95 Incorporation The Terms and Conditions of this addendum are added to, and become, integral parts of Master with Master Agreement FL03-F871-00 and are fully incorporated herein by this reference. Contract I acknowledge that I have received and read the BellSouth Managed Network VPN Service Description Customer Initials and Date IN WITNESS WHEREOF, the Company and Customer have caused this Addendum to be executed and delivered by their duly authorized representatives, effective upon execution by Customer and acceptance by the Company. Acknowledgement Customer: Monroe County, a political subdivision of the State of Florida by and through its Board of County Commissioners By: Accepted by BellSouth Business Systems, Inc. On behalf of BellSouth Telecommunications, Inc. vf~).~ Name: Mario DiGennaro Title: Mayor/Chairperson Date: (Auth ized Signature) ame: Terri L. Childress Title: Dir~or 9?ntracianagement Date: ......:;) /60 Z-oCY/ Witnesses B~iXU.J ~~ Name: ~te..LO of,,1f ~ c. L Title: I ~l'#r?4407 U4'Tl- I Date: .s -..3c - D7 By /f/- .lilJ Name: !JI:E~I/ ( Au//rlcL Title: c.Ur.. hf..{et... '<;IJDIJ/)(() Date: .r;'-7,D-Vl VI Version: 02/2006 Created On: May 22, 2007 Page 13 of 18 CCP-23176 Customer Initials: Date: Solution Details Managed Network VPN Install Charge Monthly Charge Charges for Site-to-Site Location # 1 Site Name: Monroe County BOCC Host Site Address: 1200 Truman Avenue 2nd Floor Key West FL 33040- Service Package: S2S "On-Net" Metro Ethernet Port Only $0,00 $770.00 Port Speed: 2 Mbps Subtotal: $0,00 $770,00 Managed Network VPN Install Charge Monthly Charge Charges for Site-to-Site Location # 2 Site Name: 25 Ships Way Site Address: 25 Ships Way Big Pine Key FL 33040- Service Package: S2S "On-Net" Private IP DSL Port + Access $0.00 $149.95 Port Speed: 3 M x 384 K (Best Effort) Subtotal: $0.00 $149.95 Version: 02/2006 Created On: May 22, 2007 Page 14 of 18 CCP-23176 Customer Initials: Dale: @ SELLSOUTH BellSouth Managed Network VPN Service: Installation Requirements In This Document: Customer Requirements .............. ........ ................,.............. .......... ........... 16 Bel/South Requirements......................................,................................... 17 Purpose The purpose of this document is to provide you with necessary information regarding your upcoming installation. Sign-off is required at the end of this document to indicate that you have received and read the Network VPN Installation Requirements document provided as part of the order package. Our goal is to have sites turned up for service as quickly as possible. Our target interval is 15 business days once the order has been accepted by BellSouth. Note: This interval does not apply to orders above single T1 speed, or if facilities build-out is required, Task Overview To meet this aggressive timeline, several key tasks must be completed. The list of activities include: Order submitted and accepted Kickoff meeting (Customer Requirements) Customer Responsibilities for Installation (Customer Installation Requirements) Additional Customer Responsibilities for CoS (Customer Requirements) BellSouth Responsibilities for Installation (Bell South Requirements) Service Activation Version: 04/2005 Created On: May 22, 2007 Page 15 of 18 CCP-23176 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: BellSouth/ AT&T Contract #BLS FL03-F871-00 Effective Date: 6/20/07 Expiration Date: 6/19/10 Contract Purpose/Description: Approval of Addendum to Master SeIVices Agreement FL03-F871-00 For BellSouth Dedicated Internet Access for Metro Ethernet Service quote # BBS070202154842 Contract Manager: Lisa Druckemiller 5100 Technical SeIVices/5B (Name) (Ext.) (Department/Stop #) for BOCC meeting on 6/20/07 Agenda Deadline: 6/5/07 CONTRACT COSTS Total Dollar Value of Contract: $ 216,000 Budgeted? Yes[8J No 0 Account Codes: Grant: $ County Match: $ Current Year Portion: $ 9,000 001-06002-530-410-_ - - - - ------- - - - - ----- - - - - ----- ADDITIONAL COSTS Estimated Ongoing Costs: $54.000/yr For: Dedicated Internet Access for Metro Ethernet (Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.) CONTRACT REVIEW Division Director Date In ~ ~.~.Ol Changes Needed rA'" y esD No~ Date Out Risk Management YesD NoG( b SJ 01 O.M.B./Purchasing YesD NoE:r' CountyAtlomey mt YesDNol'KI ~~ i. Comments: OMB Fonn Revised 2/27/01 MCP #2 @ BELLSOUTH BellSouth Dedicated Internet Access Service Description Dedicated Internet Access (DIA) is an essential tool for businesses to compete in today's information technology marketplaces. DIA is well suited for handling on-line mission critical tasks, DIA enables a customer, over the Internet, to sell products and services, communicate with customers and suppliers, market to new prospects, and conduct research on competitors, BellSouth DJA Service provides highly reliable Internet connectivity for business customers, Full suites of standard and optional features, as well as a range of connection speeds, (128kbps - 622mbps) are available. Connectivity is achieved through router-based access to a Bel/South Managed Facility (BMF) with connections to the global Internet through the BellSouth RegionallP backbone. BellSouth DIA service can be accessed using one or more of BellSouth's fast packet or other networks, including Frame Relay, Private Line, ATM, Metro Ethernet and SONET ring topologies. 1) Service Components DIA components: . a, Customer Premises Equipment (CPE) b, Transport service c. Bel/South Managed Facilities (BMF) d,~~ISouth R~ionaJ IP Backbone ("BRla") and a/oba/lnternet connectioos Customer Requirements Kickoff Meeting Once your order has been submitted and accepted, the next step in the installation process is a mandatory Kickoff meeting, The Kickoff meeting will provide you the opportunity to review your solution design and order with the BellSouth engineering and provisioning resources that will activate your Network VPN Service. Required Customer Technical Information To prepare for the Kickoff meeting and to ensure a timely installation, you must compile the following information for BellSouth's engineering team to review at the Kickoff meeting, Required information may vary slightly based upon packaging option(s) purchased (see Additional Notes below), Note: If BellSouth does not receive the required technical information at the Kickoff meeting, BellSouth will not be able to complete installation and the installation date will be extended or placed on hold. Item Description Additional Notes 1 Contiguous block of IP Addresses Private IP Addresses preferred (Amount of address space depends on the number of Site-to-Site locations and Remote Users, but will be at least a /21 CIOR block or 8 contiguous /24's.) 2 AS (Autonomous System) number If available 3 Registered Domain Name Used to establish unique login/authentication for DSL sites . Metro Ethernet Premium Service . BellSouth@ SMARTRing@servicewithframe relay or with private line (SONET)', excluding Port Only Service Options , SMARTRing@ service must already be installed before DIA service can be activated, The transport service may be provided as part of the DIA service or obtained separately by the customer, Please see the sections below on specific service transport descriptions, BellSouth DIA-Provided Transport (Port+Access+CPE, and Port+Access Service Options) When BellSouth's DIA service includes the transport from the BMF to the Customer premises, BellSouth will be responsible for completing the following functions to ensure proper implementation of the dedicated services: . For Private Line, order circuit from customer premise to the BMF. . For Frame Relay, order end-to-end Penn anent Virtual Circuit (PVC), customer premise-to-BMF, (BellSouth's DIA service will place the order for the customer's end of the PVC on the customer's behalf and the customer will be billed the applicable tariffed charges for that PVC service on its regulated phone bill), . For Metro Ethernet, order Metro Ethernet circuit from customer premise to the BMF, . For SMARTRing@ service, the customer must already have the SMARTRing@ service installed, BellSouth's DIA service will order "channel on" to the Customer's SMARTRing@ service using a Shared Network Arrangement (SNA) and/or a Private Line Connecting Agreement. . Configure BMF terminating equipment and router . Assign BMF port IDs to the customer . Monitor and manage the circuit . Maintain and troubleshoot all Telco-related connectivity issues . Assign IP addresses for the hosts at the customer premise Customer-provided Transport (Port Only Service Option) In the case of Customer-provided transport, the customer is responsible for the transport to the BMF. All dedicated, point-to-point transport services used by the customer to provide access to the DIA service are provided via the FCC jurisdiction tariffs, BellSouth will be responsible for completing the following functions to ensure proper implementation of the dedicated connection service: . Configure BMF tenninating equipment and router . Assign BMF port IDs to the customer . Monitor and manage the Port Only . Maintain and troubleshoot all Port Only-related issues . Assign IP addresses for the hosts at the customer premise The customer will be responsible for calling their transport provider to resolve any local loop problems. c. BellSouth Managed Facility (BMF) The BMF contains a large infrastructure of IP-based data networking equipment usually located in a BellSouth Central Office (CO), There is a BMF in every LATA throughout the current BellSouth nine state service area. d. "Service" shall mean the service(s} as identified and set forth in this Service Description, BellSouth reserves the right at any time during the term of customer's Agreement for the Service to modify the Service and/or to migrate customers to any comparable service BellSouth or another AT&T affiliate may have at that time. If BellSouth chooses to migrate the customer. BellSouth will provide the customer with prior written (email) notice to that effect. In the unlikely event that any such migration would have a material adverse effect on the customer's ability to use the Service, and BellSouth or another AT&T affiliate cannot correct or remove such adverse effect, the customer will be permitted to tenninate its Agreement for the Service without payment of any early tennination charges that would otherwise be applicable on account of such termination, 2) Network Architecture BellSouth Regional Internet Backbone (BRIB) BRIB is the regional backbone that connects DIA customers to other BMFs and DIA customer locations within the BellSouth region, as well as to the global Internet. The BRIB design offers multiple redundancy points in the network; redundancy is provisioned between BMF's and in connectivity of the BRIB to multiple Internet backbone providers, 3) Service Options . Port + Access + CPE Service Option . Port + Access Service Option . Port Only Service Option Port + Access + CPE Service Ootion BellSouth's DIA service will include the customer premises router, the local loop transport, the port in the BMF, and connectivity to the BRIB and the globallntemet. Port + Access Service Ootion Version: 08/2005 Created On: May 4. 2007 Page 2 of 16 CCP-23741 BellSouth's DIA Service will include the local loop transport, the port in the BMF. and the connectivity to the BRIB and the global Internet. The customer will provide their own customer premises router, Detailed specifications for DIA using Metro Ethernet are found in the Metro Ethernet DIA section in Section 6, Port Only Service Option BellSouth's DIA service will include the port in the BMF, and the connectivity to the BRIB and the global Internel. The customer will provide their own customer premises router, and will provide the local loop transport connectivity to the BMF. Detailed specifications for DIA using Metro Ethernet are found in the Metro Ethernet DIA section in Section 6. Demarcation Points The line of demarcation is as follows: Port + Access + CPE Service Option: LAN interface on CPE Port+Access Option: If < or = DS 1 it is the Smart Jack If> DS1 and < 50M, or MetroE DIA 10M, 20M, or 50M (electrical), it is the Transmit /Receive Coax cable jack If> Fractional OC3, or MetroE DIA 10M, 20M, 50M (optical), or MetroE DIA 100M, 250M or 500M, it is the "pair of fibers" 4) Billing Options Dedicated Internet Access (DIA) customers have a choice of billing methodologies, Tiered and Flat Rate monthly recurring charge billing plans are available for most Service Types and most Access Methods. With the Burstable plan, a customer whose Access Method is Private Une may choose to be billed either a tiered/flat rate monthly recurring fee or to be billed a variable amount based upon usage. ATM DIA is burstable billing only, MetroE DIA is only available in Tiered/Flat Rate billing only. a. Usage Determination for Burstable To calculate a customer's usage for a billing period, BellSouth will poll the BMF router where the customer's service is terminated, taking measurements every 5 minutes for both inbound and outbound traffic, retaining the higher number for each 5-minute interval. These measurements, collected for a billing period, will then be ordered from high to low, the top 5 percent of measures will be eliminated and the next highest number (95th percentile) will become the usage number to be multiplied by a per megabit price. The price per megabit will be based on: . 95th Percentile of usage . Contract Term . Service Type . Access Method If any port connection is placed in or removed from service during a monthly invoice period. the 95th percentile result for such port shall be pro- rated for the number of days v.1lich such port was in service. The Burstable product is only available using Private Line or A TM as the transport (DS1-0C12) 5) DIA Service Bandwidths 128 kbps X 256 kbps X 384 kbps X 512 kbps X 768 kbps X 1024 kbps X 0511536 kbps X X X 2 mbps X. 3 mbps X X. 4 mbps X. 6 mbps X X. 8 mbps X. 9 mbps X X. 10 mbps X. 12 mbps X X. 15 mbps X X. 18 mbps X. 20 mbps X. 21 mbps X X. 24 mbps X. 27 mbps X. 30 mbps X. 33 mbps X X. Version: 08/2005 Created On: May 4, 2007 Page 3 of 16 CCP-23741 36 mbps X* 39 mbps X* 50 mbps X* DS3 45 mbps X X* X 100 mbps X* 250 mbps X* 500 mbps X* 900 mbps X" Fractional X* OC3 speeds OC3 X* Fractional X* OC12 speeds OC12 X* MLFR (3Mbps) X MLFR (6Mbps) X MLFR (9Mbps) X "Not available in all areas "9M MLFR will be discontinued for new sales after 4/1/07 NOTE: Availability may vary based on service option selected, 6) Service Access Transports Frame Relay Access for DIA The Frame Relay access method for DIA is designed to meet customer requirements for Internet connectivity with DS1, DS3, Fractional DS1, and Fractional DS3, Port Only, Port+Access (Customer Provided Equipment), and Port+Access+CPE service options are available. Frame Relay service provides a dedicated port connected to a PVC from the customer premises over the BellSouth Frame Relay network to the BMF. Frame Relay Port Only is required to be full Committed Information Rate (CIR). Customers purchasing Port+Access and Port Only Service Options for Frame Relay DS3 and Fractional Frame Relay DS3 must provide Kentrox emulation on customer owned CPE, The Kentrox emulation provides for the "choking" of the 45M when less bandwidth is required (i.e., 6M, 9M, 12M). SMARTRing@ service Customers can provision Frame Relay DIA (either Port+Access+CPE or Port+Access Service options) over their existing SMARTRing@ service. The SMARTRing@ service requires a Shared Network Agreement (SNA). The customer must sign SMARTRing SNA and a PLCA if the SMARTRing is from the state tariff, to allow the DIA service to be mapped across the ring. The DIA offer does not include or provide the SMARTRing@ service itself, The use of SMARTRing@ interfaces replaces a portion of the local loop normally associated with the DIA Port+Access+CPE and Port+Access offers. Availability Frame Relay access to DIA service is available in all tier I and II BMF's. Frame Relay DIA can be ordered using tiered/flat rate billing. For Frame Relay DIA services equal to and above 12Mbps, a Service Availability Check (SAC) will be conducted during the pre-sales process to determine if/when facilities are/will be available within the target BMF. Multi-Link Frame Relay DIA (MLFR) MLFR DIA is designed for customers who are not served with fiber access facilities (and therefore cannot receive a DS3 circuit) yet their Internet bandwidth requirements exceed that of a single DS1 circuit. The service provides the customer with a dedicated connection to the Internet in multiple DS1 (1,536 Mbps) increments (3M, 6M and 9M). MLFR Dedicated Internet Access is available with the Port+Access+CPE Service Option and Port +Access+CPE over SMARTRing only. 9M MLFR will not be offered for sale after 4/1/2007, Availability MLFR DIA can be ordered using tiered/flat rate billing. Private Line DIA Private Line DIA service gives business customers a full-time dedicated connection from their customer premise to the Internet. The customer is connected to the nearest BellSouth Managed Facility (BMF) directly with a private local loop circuit. Port+Access+CPE, Port+Access+CPE over SMARTRing, Port+Access, Port+Access over SMARTRing, and Port Only service options are available with Private Line DIA. Unlike Frame Relay, the Private Line access price is based on mileage from the customer's premise to the BMF. SMARTRing@ service Customers are able to provision Private Line DIA (either Port+Access+CPE or Port+Access Service options) over their existing SMARTRing@ service. The SMARTRing@ service requires a Shared Network Agreement (SNA). The customer must sign the SMARTRingSNA, and a PLCA if the SMARTRing is from the state tariff, to allow BST ISP to purchase interfaces on the ring for the DIA service to Version: 08/2005 Created On: May 4, 2007 Page 4 of 16 CCP-23741 ride. This DIA offer does not include or provide the SMARTRing@ service itself, The use of SMARTRing@ interfaces replaces a portion of the local loop normally associated with the DIA Port+Access+CPE and Port+Access offers Availability Private Line service is available in most BMF's, Private line can be ordered using either the flat rate or burstable billing method. For Private Line DIA services equal to and above 12Mbps, a Service Availability Check (SAC) will be conducted during the pre-sales process to determine if/when facilities are/will be available within the target BMF. Metro Ethernet DIA (MetroE DIA) This service will enable customers to connect to the Internet at various Metro Ethemet speeds, MetraE DIA is available as Port+Access+CPE, Port+Access and Port Only service options. When DIA is used with Metro Ethernet Premium service. packets originating from a particular Customer are identified by use of a Virtual Local Area Network number (VLAN Tag) that is assigned by BellSouth when the service is provisioned, The VLAN tag is embedded in each ethernet packet received from the Customer and serves to identify the source of the packet to BellSouth. The requirement to identify MetraE DIA Customers by VLAN Tag requires that the data transport service connecting to the 8MF conform to the following requirements: 1. The 8ellSouth Metro Ethernet Service ordered from BellSouth must be Metro Ethernet Premium service equipped with Q-Forwarding. Q- Forwarding is an optional Metro Ethernet Premium feature that adds support for VLAN tagging to the BellSouth standard Metro Ethernet Premium service. 2, If a Customer already uses a BellSouth Metro Ethernet service that does not include VLAN tagging, (Le, BellSouth Basic Metro Ethernet service), and one or more of the existing locations desire to add DIA services, then all locations served by that service must be upgraded to the Metro Ethernet Premium service. 3, The CPE equipment effecting the ethernet connection at the Customer Premises to the BellSouth Metro Ethernet service must support VLAN tagging via the 802.1Q protocol, (e.g, a Cisco 2821 router or equivalent). When a Port+Access of Port Only configuration is ordered, the Customer must provide compatible CPE and configure it according to the VLAN tags that will be assigned by 8ellSouth during the ME DIA provisioning process, Customers providing their own Metro Ethernet transport to the Port Only Service option must purchase rate elements for Premium Fixed Metro Ethernet speeds 10M, 20M, 50M, 100M, 250M, or 500M, plus any additional mileage charges required to connect the customer premise to the closest equipped Metro Ethernet switch Central Office. Customer provided routers must be VLAN-tagging capable for Metro Ethernet DIA service. All dedicated, point-to-point transport services used to provide access to the DIA service are provided via the FCC jurisdiction tariffs, Availability A Service Availability Check (SAC) will be conducted during the pre-sales process to determine if/when facilities are/will be available within the target 8MF. A SAC is required for all MetroE DIA orders, Metro Ethernet DIA Service can be ordered using either tieredtnat rate billing, Burstable billing is not available at this time. Asynchronous Transfer Mode (A TM) OlA Asynchronous Transfer Mode (ATM) access method for DIA is designed to meet the requirements for Internet connectivity for customers who have existing ATM networks. The Port+Access+CPE and Port+Access options are not available for ATM DIA; the customer must obtain their own ATM circuit separately, and BellSouth's DIA service will map an ATM Port Only across that circuit. ATM is only available with Burstable billing. These services require an existing ATM connection from the customer premise over the BellSouth ATM network to the BMF. Availability ATM DIA is available in many BMF's, but must be checked before service order. For ATM DIA services equal to or above 12Mbps. a Service Availability Check (SAC) will be conducted during the pre-sales process to determine if/when facilities are/will be available within the target BMF. DIA Service Access Suitability Examples Access Best Suited For Frame Relay . File transfers . Connectivity for LANs, WANs, web servers, email servers . Companies looking for scalability . Bursty Data applications Private Line . File transfers where high security is needed . Web servers connectivity with high multi-media content ATM . Customers with existing ATM networks Metro Ethernet . Large file transfers . Distance Learning 7) DIA Diversity Solutions To better serve some customers' needs, Dedicated Internet Access (DIA) customers may now purchase a Diversity Solution Product to enhance diversity (redundancy) at specific assignments and attributes for their Internet access, Diverse Solutions are designed for customers who have a need for continuous / fault tolerant Internet Access. While Diversity Solutions will increase the likelihood of non-interrupted Internet Access, this product cannot guarantee continuous and non-interrupted 100% Internet Access Version: 08/2005 Created On: May 4, 2007 Page 5 of 16 CCP-23741 availability. Diversity Solutions are designed to provide customers with a Primary Access Solution to the Internet that will automatically fail-over to a Secondary Access Solution to the Internet should a trouble on the Primary Service interrupt the customer's connectivity. a) Diversity Options BellSouth Router Diversitv Solution provides the customer two distinct OIA circuits achieving Internet connectivity through access to (1) a router in a BMF (BellSouth Managed Facility) in case of the Primary Circuit, and (2) a different router in the same BMF in the case of the Secondary Circuit. Traffic will be routed 1 managed based on weighted static routes to the same BMF on the Diverse Routers. With this option, there will only be one router located at the customer premise. but the circuit will connect in thru diverse routers at the BMF, BellSouth Router Diversity Solution provides one router at the customer's location, if purchased in the Port+Access+CPE service type, The customer may provide a second router, Router Primary ftouter Customer 61,IF Router ~COt'1d4ty ftouter Service Types The customer's primary circuit and secondary circuit have to be the same OIA Service Type. It means that both circuits will have to be Port+Access+CPE, Port+Access or Port Only Service Type, Service Speeds The customer's primary circuit and secondary circuit do not have to be the same size; however, it is recommended that the secondary circuit be at least one half the size of the primary circuit. The customer should size the secondary (fail over) circuit so that the secondary circuit is able to send 1 receive all critical traffic in the event the primary service is down. The Secondary Circuit, in all cases, must be less than or equal to the Primary Circuit. Service Transport It is recommended that the customer choose different access types (e,g" Frame Relay and Private Line), rather than both the same access types, to improve the level of diversity from the customer premises to the BMF, Service Level Agreements There is no change to SLAs and Service Level Credits for the following SLAs: . Network Availability -target 100% for Primary Service and 100% for Secondary Service . Backbone Latency - target 55ms for Primary Service and 55ms for Secondary Service . Packet Loss - target ,5% for the Primary Service and .5% for the Secondary Service Customers will be evaluated for SLA qualified events on the Primary Service and SLA qualified events on the Secondary Service. SLA Credits will be calculated on each service. Primary Service and 1 or the Secondary Service and on the billed amount for each service for the month in which the SLA Credit was earned, whether derived by flat or usage billing. The Installation Guarantee SLA will be modified as follows: The identified installation interval for the Primary Service and the Secondary Service will be compared, and the longest installation interval will be used to qualify a customer to receive an Installation SLA. If BellSouth has caused the installation date for the longest installation interval to be missed, and the customer has been charged an installation fee, 100% of the installation fee will be refunded. 8) Features IP Addresses The customer can obtain IP addresses from BellSouth or can obtain their own IP addresses from ARIN, The customer may also bring IP addresses previously used from another service provider's IP address space with the written permission of that provider. ,Although not recommended, a customer may be able to obtain up to 16 Class C IP address from BellSouth, BellSouth requires the customer to have immediate need for 80% of the addresses requested, and they must be able to justify use of 80% of the addresses at all times. The customer's initial request for addresses occurs during the ordering process. To request additional addresses, the customer should contact the BellSouth Business Internet Services Management group, who will gather information and evaluate the request. Adequate utilization of any addresses already issued must be documented before additional addresses will be released, Additional details about IP Addressing can be found at the ARIN web site: http://w.r.w.arin.netl Domain Name Registration Version: 08/2005 Created On: May 4, 2007 Page 6 of 16 CCP-23741 BellSouth offers OIA customers the option of either registering their new domain name directly with InterNIC, or having BellSouth register the domain name for them. BellSouth will register up to three new, single domain names as part of the OIA service for new customers during the installation process. Domain Name Service (DNS) Primary DNS service is an optional offering to DIA customers where alphanumeric domain names are mapped to IP addresses, for ease of use for navigating web sites, Secondary DNS mirrors the information located on the primary DNS server, and acts as a backup source of addresses in the event the primary server is unreachable WebStats Web Stats is a Web based customer network reporting feature that allows customer to monitor their historical network usage statistics online, This provides an excellent opportunity for customers to visualize the usage and performance of their Internet connection. Web Stats are offered as part of the standard service for all Frame Relay, Frame Relay MLFR, Metro Ethernet, and Private Line DIA customers. Customers can access statistical information regarding their Internet connection. Network samples are taken every five to fifteen minutes by the network statistics system and rolled up each night to create daily, weekly and monthly reports. These reports are then hosted on a web site (htto:llwebstats,BeIlSouth.neUmns/) for the customer to view. Intelligent PVC (IPVC) Intelligent PVCs are Frame Relay PVCs that continuously monitor the customer network primary links, If the connectivity from the BellSouth network to the BMF's primary router fails, the PVC will detect the failure, Within 6 to 60 seconds, the Intelligent PVC will detect the outage and automatically reroute service to the secondary router. Once the primary router starts working again, the Intelligent PVC will automatically reroute traffic back to the primary router. The Intelligent PVC Optional Feature does not guarantee 100% Internet availability to the customer. Intelligent PVC, optional feature, will benefit customers by: . Provides the customer with BMF router diversity for Internet access . Eliminates added expense of provisioning two local access loops . Provides more uptime without a disruption of service Network Address Translation (NAT) NAT, an optional feature for DIA Port+Access+CPE Services except Port+Access+CPE Diverse Solutions, enables a customer's private network (non-registered IP addresses) to translate into public address space and connect to the Intemet. NAT tables are defined within the Customer's Premises Router, NAT benefits customers by: . Providing some additional security by limiting internal address exposure to the global Internet (specifically, user PCs will not be reachable inbound from the Internet, only statically NATed hosts will be reachable from the Internet), . Allowing for addressing efficiencies and, . Conserving IP addresses Two NA T Models are offered: . Static Address Translation - Customer may establish a many-to-one mapping between local and global address, or Customer may configure Static address translations to the port level, using remaining IP addresses for other translations. In this scenario, only the customer's Hosts are mapped and "reachable" from the Internet; the Hosts then communicate with the customer's internal network (PCs). . Port Address Translation (PAT) - (also known as "overload") Customer may map several internal addresses to one, When using PAT, traffic will attempt to engage the original source port; if the source port is fully utilized, PAT will cause the traffic to find the first available port. (same as above) Customers will be limited to the number of IP address on their LAN with NAT translation to a 124 block (254 usable addresses). A customer may request additionallP addresses with NAT translation. Note: The Network Address Translation feature is not supported for OIA Diversity Solutions. Cisco 105 NAT cannot be used with Hot Standby Routing Protocol (HSRP). In DIA Diversity Solutions, HSRP is used in the Customer Premises Equipment (CPE) to allow a fail-over to the secondary CPE router in the event the primary router fails. Packet Filtering With Packet Filtering, BellSouth provides an optional router filter service to all DIA customers. These router filters are configured on the termination router and are generally used to help prevent unwanted traffic from entering or leaving the customer's private net\wrk. orA IDS Firewall Dedicated Internet Access Firewall Service (DIA Firewall) is a security-specific offer providing new and existing "Port+Access+CPE" DIA Service customers an option to outsource managed security services for network protection and defense against attacks. Security is enabled through an advanced firewall engine with state-of-the-art security features including packet inspection, application-based filtering (context-based access control), per user authentication and authorization. and real-time alerts. For Port+Access DIA customers, the DIA Firewall service is provided through the installation of a certified firewall platform at the customer's premise(s) with remote configuration, management, monitoring, and maintenance from BellSouth's Security Operations Center (SOC). DIA Firewall includes: Version: 08/2005 Created On: May 4, 2007 Page 7 of 16 CCP-23741 . Provisioning of a certified firewall platform . Installation and configuration (remote) of the firewall platform . 24X7 management and monitoring . Firewall administration and maintenance . 24X7 help desk support . Outbound, Inbound/Outbound, or Inbound/Outbound with DMZ directional traffic protection . Implementation of firewall rules-base changes (per level of service) requested by customer There are three DIA Firewall levels of service available to customers. 1. Basic Firewall a. Internet protection b. Supports Fractional T1 up to DS3 access speeds c. Choice of 0, 1, 2, 3, 4, or 5 rule-base change requests per year 2. Advanced Firewall a, Bi-Directional protection b. Supports Fractional T1 up to DS3 access speeds c. Choice of 3,6,9, 12, 15, or 25 rule-base change requests per year (customer rule-base change requests greater than 25 requires an SRF) d. Choice of up to 10 IP Addresses assigned for hosted servers per year (customer requests for IP Addresses greater than 10 requires an SRF) The diagram below represents the conceptual overview for Basic and Advanced DIA Firewall: Customer Premises Equipment 3. Premium Firewall a. Bi-Directional protection, with DMZ b. Supports Fractional T1 up to DS3 access speeds c. Choice of 3,6,9, 12, 15, or 25 rule-base change requests per year (customer rule-base change requests greater than 25 requires an SRF) d. Choice of up to 10 IP Addresses assigned for hosted servers per year (customer requests for IP Addresses greater than 10 requires an SRF) The diagram below represents the conceptual overview for Premium DIA Firewall with DMZ: "................., . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ........... ..."..... Customer Premises Equipment Cisco 10S Firewall DIA 10S Firewall will follow the same Customer Support processes defined for DIA. The Welcome letter sent to each customer provides additional details about DIA 10S Monitoring and Management 10) Professional Services Version: 08/2005 Created On: May 4, 2007 Page 8 of 16 CCP-23741 1, Additional Fees. From time to time, customers may request services that are beyond the scope of the standard service offering, These services range from, but are not limited to, service expedites, non-business hour installs (I.e. Saturday, Sunday, holiday or evenings from 5:00 P,M, to 8:30 A.M, the next day), LANiWAN design and troubleshooting, application troubleshooting, router configuration services etc. When feasible, BellSouth may assist the customer in fulfilling these requests on a fee for service arrangement in accordance with our standard Professional Service Fees. BellSouth's hourly billing rates for Professional Services range between $125 and $250 per hour depending on the type and scope of work, The customer may also be required to pay additional fees to cover the amount of additional costs incurred by BellSouth resulting from the customer's special requests. Such costs may include, but are not limited to, equipment and expedited shipping charges. 2, Charaes. If charges apply for additional services requested by the customer, they will be disclosed to the customer via verbal or written notification prior to performing any work. As necessary, a statement of work may also be provided defining the services and deliverables to the customer. 11) Service Level Agreements (SLAs) 1 , General. BellSouth intends to provide its services such that the Services will perform in a manner consistent with the objectives set forth in this document. If BellSouth fails to perform its services such that any of the following SLAs are not met, the sole obligation of BellSouth and the Customer's sole remedies shall be for BellSouth to use commercially reasonable efforts to effectuate a repair of the Services and for BellSouth to provide the credits, if any, specified below. 2. Network Availabilitv. (a) "Network Availability" is the percentage of total minutes during a calendar month that the Services are available to the Customer. Network Availability is calculated as follows: Network Availability = [(Minutes in a month) - (Total outaae minutes)l (Minutes in a month) The Services shall be deemed to be "unavailable" ....nenever an outage is recorded on a BellSouth trouble ticket classified as "major" or "critical" by BellSouth's Network Operations Center which results in Customer not having the ability to transmit or receive packets by means of the Services, and "Total Outage Minutes. shall be deemed to be the length of time during which the Services are unavailable to the Customer, as reflected on such trouble tickets. "Total outage minutes" shall not include any outages (i) occurring during scheduled maintenance activities; (ii) attributable to any act or omission of Customer; (Hi) attributable to Customer's applications, equipment or facilities; (iv) resulting from reasons of Force Majeure or other causes beyond the reasonable control of BellSouth; or (iv) lasting ten minutes or less. (b) The objective for Network Availability is 100%, For any month in ....nich the objective is not met, Customer will receive a credit, which may be applied towards Customer's subsequent monthly invoice(s), equal to 1/30th of the monthly recurring charges for the affected Services (I.e., the portion(s) of the Services directly made unavailable as a result of the outage(s) in question) for each cumulative hour or portion thereof during which such Services are unavailable to the Customer (subject to the limitations set forth herein). Unavailability and credits will be prorated and paid in 15-minute increments. 3. Installation Date. (a) "Installation Date" is the actual date that the Services are made available to the Customer. The Installation Date shall not be deemed missed due to installation delays attributable to (i) reasons of Force Majeure or other causes beyond the reasonable control of BellSouth; or (H) Customer's applications, equipment or facilities, All expedited installation requests do not qualify for this installation SLA. (b) The objective for the Installation Date is to be on or before the target date committed to by BellSouth, as reflected on BellSouth's service management records. For any installation for which the objective is not met (other than for the reasons set forth above) Customer will receive a credit, which may be applied towards Customer's subsequent monthly invoice(s), equal to 100% of the installation charges (if any) otherwise payable by the Customer for the Services, 4. Latency, (a) "Average Latency" is the monthly average round-trip latency of designated portions of BellSouth's network, detennined by measuring round-trip network responses over such portions of the network as detennined by BellSouth. The objective for Average Latency is to not be greater than 55 milliseconds. For any month in ....nich the objective is not met. Customer will receive a credit. ....nich may be applied towards Customer's monthly invoice, equal to 10% of the monthly recurring charges for the Services. Network delay will not be considered for purposes of Average Latency, and Service credits will not be available to Customer, in cases where the Services are delayed as a result of (i) the negligence, acts or omissions of Customer, its employees, contractors or agents or its end users; (ii) the failure or malfunction of testing equipment, applications or systems; (jji) circumstances or causes beyond the control of BellSouth, including instances of Force Majeure; or (iv) scheduled service maintenance, alteration, or implementation, Such credits will be granted only if Customer affords Bel/South full and free access to Customer's equipment to perform necessary testing, troubleshooting or related activities. 5, Packet Loss, (a) "Average Packet Loss" is the monthly average round-trip packet loss of designated portions of BellSouth's network, determined by measuring round-trip network responses over such portions of the network as determined by Bel/South. The objective for Average Packet Loss is to not be greater than 0.5%. For any month in ....nich the objective is not met, Customer will receive a credit, which may be applied towards Customer's monthly invoice, equal to 1/30th of the monthly recurring charges for the Services. Packet loss will not be considered for purposes of Average Packet Loss, and Service credits will not be available to Customer, in cases where packets are lost as a result of (i) the negligence, acts or omissions of Customer, its employees, contractors or agents or its end users; (ii) the failure or malfunction of testing equipment, applications or systems; (ill) circumstances or causes beyond the control of BellSouth, including instances of Force Majeure; or (iv) scheduled service maintenance, alteration, or implementation, Such credits will be granted only if Customer affords BellSouth full and free access to Customer's equipment to perform necessary testing, troubleshooting or related activities. Service Level Objectives (SLOs) Version: 08/2005 Created On: May 4, 2007 Page 9 of 16 CCP-23741 1. Mean Time to Repair, "Mean Time to Repair" is the monthly average time over any calendar month it takes for BellSouth to resolve any outage problem classified as "major" or .critical" by BellSouth's network Operations Center, Mean Time to Repair is calculated as follows: MeanTime to Repair = Total outaoe minutes Total outage occurrences The objective for Mean Time to Repair is not to exceed four (4) hours. This objective will be measured and reported but the Customer will not receive a credit if the objective is not met. 6, Other Terms and Conditions Customers whose Service was established prior to 5/1/07 should anticipate receiving any applicable credit within 2 billing cycles after the month in which the SLA objective was missed, Customers whose Service is established after 5/1/07 will need to call 1-800-317-3343 and select the appropriate option to request SLA payments, and should anticipate receiving any applicable credit within 2 billing cycles after the month in which the SLA credit was requested, If a customer whose Service was established prior to 5/1/07 believes a credit should have been applied but was not, or a customer whose Service is established after 5/1/07 wishes to request a credit. such customer must request such credit within 120 days after the date of the report from BellSouth giving notice that an SLA objective was missed. If Customer's request for a credit was in error, Customer may be charged for the costs associated with researching the credit request. The total credits payable for SLA objectives (other than the Installation Date SLA) missed during anyone-month period shall not exceed the total monthly recurring charges for the Services in that month. 7. Force Maieure Force Majeure is defined as including war, riots, embargoes, strikes, or other concerted acts of workers (whether BellSouth's or others), casualties or accidents, malicious or criminal acts of third parties, or any other causes or circumstances whether of a similar or dissimilar nature to the foregoing, which prevent or hinder the delivery of the Services). Version: 08/2005 Created On: May 4, 2007 Page 10 of 16 CCP.23741 @ 8ELLSOUTH Addendum to Master Contract for Monroe County, a political subdivision of the 5tate of Florida by and through its Board of County Commissioners BELLSOUTH BUSINESSsM MASTER AGREEMENT# FL03-F871-00 Quote # BB5070202154842 Term The undersigned Customer hereby orders from BellSouth Business Systems, Inc on behalf of BellSouth Telecommunications, Inc. ("Bell South") the BellSouth Business Services of the type, at the location and for the prices and term specified in this Addendum and its related Addendum Detail Form(s) (collectively, this "Addendum"). BellSouth Business Service is provided, and this Addendum is submitted, subject to and in accordance with BellSouth BusinesssM Master Agreement, and all applicable acceptable use policies, This Addendum is valid only when accepted by an authorized representative of BellSouth. The term of the Service begins upon completion of installation and activation by BellSouth, unless terminated earlier as set forth herein or in accordance with the provisions set forth in the BellSouth Business Services Master Agreement. and will continue thereafter for the thirty-six (36) months unless terminated by either of the parties in accordance with the provisions set forth in the BellSouth Business Services Master Agreement. Additional Terms and Conditions 1. Pre-qualification does not guarantee service availability at the installation location, Although Customer's line pre-qualified for Service there are circumstances beyond BellSouth's control that may result in Customer's inability to receive this Service, Some of these limitations are not detectable until BellSouth's installers are at Customer's location and attempt installation of the Service, If it is determined that BellSouth is unable to install this Service, Customer will not incur any charges associated with the attempted provisioning of Service for the affected location(s). 2. If Customer cancels its Services or any portion thereof, or has its Services or any portion thereof terminated pursuant to Section 12(a) or 12(b) of the BellSouth Business Services Master Agreement, prior to the expiration of the minimum term selected herein, Customer shall be obligated to pay BellSouth a termination charge equal to 50% of the total monthly charges (other than variable usage charges) that would have become due for the remainder of the scheduled minimum term if such termination had not occurred. Such termination charge shall be paid to BellSouth within thirty (30) days after such cancellation. 3. If Customer cancels installation of the Services, or part of a service order, before the installation due date, Customer shall be obligated to pay BellSouth cancellation charges equal to 50% of all the standard nonrecurring charges associated with the order, or that part of the order being cancelled. 4. Customer may incur additional charges in the event BellSouth has to build out additional facilities in Addendum to provision Customer's Services. Customer will be notified of such additional charges and may terminate the Services without incurring cancellation charges, 5. This Addendum may be executed in one or more counterparts, each of which shall be deemed an original and all of which shall be taken together and deemed to be one instrument. The Parties agree that a facsimile or electronic transmission of each Party's signature to this Addendum and Orders hereunder will be deemed an original and the best evidence thereof for all purposes, including, without limitation, all evidentiary purposes before any arbitrator, court or other adjudicatory authority. 6, BellSouth acknowledges that customer is a governmental entity and is dependent upon budgetary funding to help pay for the Services being ordered by Customer under this Order. Provided that Customer has diligently and in good faith applied for, submitted all required forms and information, and performed all other duties and obligations required of Customer in connection with obtaining initial and continuing funding from the Customer budget with respect to the Services, BellSouth agrees that Customer may terminate the Services and this Order at any time upon at least thirty (30) days' prior written notice to BellSouth, without payment of any early termination charges that would otherwise be due, such waiving of termination fees will apply if (and only if) Customer does not obtain substitute Services from a competitor within one year of any denial of funding under the Customer's budget or the Version: 12/2005 Created On: May 4, 2007 Page 11 of 16 CCP-23741 Customer Initials: Date: funding becomes depleted or is changed during the term of this Order such that funding is no longer available to Customer for the Services. Such waiver is also subject to any and all applicable tariffs or an approved CSA, 7. Public Records. Upon thirty (30) days prior written notice and during normal business hours the parties shall allow and permit reasonable access to, and inspection of, all documents, papers, letters or other materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the Customer and BellSouth in conjunction with this Agreement; and the Customer shall have the right to unilaterally cancel this Agreement upon violation of this provision by BellSouth, 8. Billing Records, Upon thirty (30) days prior written notice and during normal business hours, BellSouth shall make its billing records and other records to substantiate the BellSouth charges available to the Customer during the contract and for three years after the contract termination, BellSouth shall make the aforementioned records, available once per year, unless due to cause or breach, in those cases BellSouth will make the records available as needed. Any audit shall be at the expense of the Customer. 9, Nondiscrimination. The parties 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. The parties 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 99 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 9794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC 996101-6107), 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, 99523 and 527 (42 USC 99 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 99 3601 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 99 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. 10. No Solicitation/Payment. BellSouth represents that it, its directors, principles and employees, presently have no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required by this contract, as provided in Sect. 112.311, et. seq., Florida Statutes. County agrees that officers and employees of the County recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. BellSouth and Customer each 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. 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 Version: 12/2005 Created On: May 4, 2007 Page 12 of 16 CCP-23741 Customer Initials: Date: or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 12. CUSTOMER HAS READ AND AGREES TO BE BOUND BY THIS ADDENDUM, INCLUDING THE APPLICABLE ADDENDUM DETAIL FORM (S) AND THE BELLSOUTH BUSINESS SERVICES MASTER AGREEMENT AND RATE SCHEDULES, AND ALL APPLICABLE ACCEPTABLE USE POLICIES, ALL OF WHICH REPLACE AND SUPERSEDE ANY OTHER NEGOTIATIONS, AGREEMENTS, PROPOSALS AND COMMUNICATIONS (ORAL OR WRITTEN) RELATING TO THE SERVICES LISTED OR DESCRIBED ON THIS ADDENDUM AND SHALL PREVAIL OVER ANY ADDITIONAL OR CONFLICTING TERMS IN ANY PURCHASE ADDENDUM, INVOICE, ACKNOWLEDGMENT OR OTHER SIMILAR DOCUMENT ISSUED BY CUSTOMER. ACCEPTANCE OF ANY ADDENDUM BY BELLSOUTH IS SUBJECT TO BELLSOUTH CREDIT AND OTHER APPROVALS, FOLLOWING ADDENDUM ACCEPTANCE, IF IT IS DETERMINED THAT THE INITIAL CREDIT APPROVAL WAS BASED ON INACCURATE OR INCOMPLETE INFORMATION, BELLSOUTH IN ITS SOLE DISCRETION RESERVES THE RIGHT TO CANCEL THE ADDENDUM WITHOUT LIABILITY OR SUSPEND THE ADDENDUM UNTIL ACCURATE AND APPROPRIATE CREDIT APPROVAL REQUIREMENTS ARE ESTABLISHED AND ACCEPTED BY CUSTOMER. Version: 12/2005 Created On: May 4. 2007 Page 13 of 16 CCp.23741 Customer Initials: Date: Summary Dedicated Internet Access Components purchased: Site-to-Site locations: 1 Customer will pay to BellSouth all charges billed pursuant to the Contract. Charges are as set forth below, Charges Incorporation with Master Contract The Terms and Conditions of this addendum are added to, and become, integral parts of Master Agreement FL03-F871-00 and are fully incorporated herein by this reference. I acknowledge that I have received and read the BellSouth@ Dedicated Internet Access Service Description Customer Initials and Date IN WITNESS WHEREOF, the Company and Customer have caused this Addendum to be executed and delivered by their duly authorized representatives, effective upon execution by Customer and acceptance by the Company. Acknowledgement Customer: Monroe County, a political subdivision of the State of Florida by and through its Board of County Commissioners By: Accepted by BellSouth Business Systems, Inc. On behalf of BellSouth Telecommunications, Inc. Name: Mario DiGennaro Title: Mayor/Chairperson Date: . (~~~~ Witnesses By:&4~ ~~o-;." ~ Name: ~ / "'~ N"~( '- Title: ~ /~?L Date: ....s - 30- O? . By: /1'1' -LJJtt ~:7!t~f!,(~I"'! ~-!3D -61 ' Name: Title: Date: Version: 12/2005 Created On: May 4, 2007 Page 14 of 16 CCP-23741 Customer Initials: Date: Solution Details Dedicated Internet Access Install Charge Monthly Charge Charges for Primary Circuit Location # 1 Site Name: 1200 Truman Ave. Site Address: 1200 Truman Ave. Key West FL 33040- Metro Ethernet Tiered Pricing $0.00 $4500.00 Service Package: Port + Access Port Speed: 20 Mbps Contract Term: 36 Months Site Total: $0.00 $4500.00 Version: 12/2005 Created On: May 4, 2007 Page 15 of 16 CCP-23741 Customer Initials: Date: @ BEllS0UTH Tips for Successful Installation You will be contacted shortly by a Provisioning Engineer to go over all the technical things that have to be in place at your site before your service can be operational. Please notify BellSouth immediately if you need to make any changes, as changes may inhibit or delay your service implementation, At the time of installation, BellSouth provides two hours of complementary technical support. This free Network Engineering assistance will help make sure your configuration is compatible with your new BellSouth Service. If you do need additional assistance, BellSouth provides professional services at the rate of $125-$200 per hour, One important thing to note: If you are going to miss your scheduled installation (turn-up), you must notify your Service Specialist at least 24 hours in advance, BellSouth begins billing on the date of your scheduled turn-up whether the service is activated or not. To avoid paying for service that isn't up and running, make sure you keep track of your installation date and advise us in time if there is going to be a problem hitting that date, Here is a quick checklist of requirements for the Dedicated Internet Access (DIA) product that you ordered. Look it over and talk to your Service Specialist about anything that is unclear or may present a problem. . Make sure your technical personnel are available on premise for each scheduled stage of service installation. You can coordinate this with your Service Specialist. . On installation day, make sure the premise contact for your company has your vendor hardware documentation available to research any possible hardware/software configuration problems. (Does not apply to customers who have purchased the Packaged Option - BellSouth will handle for Packaged customers.) . Check that your router, CSU/DSU equipment is in place, (Does not apply to customers who have purchased the Packaged Option - BellSouth will handle for Packaged customers.) . If you are providing a router, make sure it is configured and ready for operation of your DIA service 24-48 hours prior to your targeted installation date. . Ensure your transceiver is compatible to interface between your LAN/HOST and the BellSouth provided router. If you need one, check with local area communications or computer retail stores. (Only applies to Packaged customers, all others will be handling the complete router configurations for themselves.) . Have your computers, LAN, Servers and other equipment installed and ready to connect before the installation date, Your DIA will install whether you have this equipment in place or not and your billing will begin once the BellSouth installation is complete. . If you installed your own CSUlDSU equipment, call the BellSouth Telecommunications office to have the circuit tested before the scheduled installation date. (Does not apply to customers who have purchased the Packaged Option - Bel/South will handle for Packaged customers,) . If you would like to use IP addresses already assigned to your company, send an e-mail to your Provisioning Engineer listing those addresses, BellSouth will verify the usability of your addresses for the DIA connection. There is a lot involved in getting ready for the installation. If you have any questions or problems with the process, contact your Service Specialist to iron them out immediately. We want your DIA service and installation to be a positive experience! Customer Information: Monroe County, a political subdivision of the State of Florida by and through its Board of County Commissioners 1200 Truman Ave. Key West, FL 33040- Version: 07/2005 Page 16 of 16 Created On: May 4, 2007 CCP-23741 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: BellSouth/ AT&T Contract #BLS FL03-F871-00 Effective Date: 6/20/07 Expiration Date: 6/19/11 Contract Purpose/Description: Approval of Addendum to Master Services Agreement FL03-F871-00 For BellSouth Metro Ethernet Service on Order Attachment for CSA services - Case Number FL07-2033-01 Contract Manager: Lisa Druckemiller 5100 Technical Services/5B (Name) (Ext. ) (Department/Stop #) for BOCC meeting on 6/20/07 Agenda Deadline: 6/5/07 CONTRACT COSTS Total Dollar Value of Contract: $ 712,896 Budgeted? YeslZl No 0 Account Codes: Grant: $ County Match: $ Current Year Portion: $ 29,704 001-06002-530-410-_ - - - - ----- - - - - ----- - - - - ----- ADDITIONAL COSTS Estimated Ongoing Costs: $178.224/yr For: Metro Ethernet Service (Not included in dollar value above) (eg. maintenance, utilities, ianitorial, salaries, etc.) CONTRACT REVIEW O.M.B./Purchasing County Attorney 0' f01- Date Out //407 ~.~O ~ Changes f4In Needed~ Division Director t. '1 Y esD No~ Risk Management (J S .o) (, lOr Comments: OMB Form Revised 2/27/01 MCP #2 CONTRACT SERVICE ARRANGEMENT AGREEMENT Case Number FL07-2033-0l MASTER SERVICES AGREEMENT - ORDER ATTACHMENT FOR CSA SERVICES This Order Attachment Agreement is Made Pursuant to the Master Services Agreement No. FL03-F871-00. This Agreement is entered into pursuant to Tariff Section A5 of the General Subscriber Services Tariff. Offer Expiration: This offer shall expire on: 9/7/2007. Customer's Billing Address: Monroe County, by and through its Board of County Commissioners, a political subdivision of the State of Florida 1200 Truman Ave, Key West, FL 33040 Page J of 5 CONTRACT SERVICE ARRANGEMENT AGREEMENT Case Number FL07-2033-01 Option 1 of 1 Estimated service interval following acceptance date: Negotiable weeks Service description: This Contract Service Arrangement (CSA) provides BellSouth@ Metro Ethernet service. This Agreement is for forty-eight (48) months. Under thIs Agreement, the service may only be purchased by Customers whose traffic on this service will be at least 90% intrastate, Customer is responsible for complying with this requirement, and by ordering or accepting such service under this Agreement, Customer is representing to the Company that its traffic on the service will be at least 90% intrastate, Customer understands and agrees that Company is relying upon Customer's representations concerning the proper jurisdiction of any and all circuits ordered under this Agreement. Customer expressly agrees that Company has the right, in its sole discretion, to immediately convert any circuit or service to the correct jurisdiction, and adjust the rates and terms accordingly, should the Company determine that the jurisdictional nature of the circuit or service is different than what the Customer represented. This Agreement is not binding upon Company until executed by an authorized employee, partner, or agent of Subscriber and Company. This Agreement may not be modified, amended, or superseded other than by a written instrument executed by both parties, approved by the appropriate Company organization, and incorporated into Company's mechanized system. The undersigned warrant and represent that they have the authority to bind Subscriber and Company to this Agreement. Page 2 of 5 CONTRACT SERVICE ARRANGEMENT AGREEMENT Case Number FL07-2033-01 Option I of 1 IN WITNESS WHEREOF, the Parties hereto have caused this Order Attachment to be executed by their respective duly authorized representatives on the date indicated below. Accepted by: Subscriber: Monroe County, by and through its Board of County Conmlissioners, a political subdivision of the State of Florida By: Authorized Signature MONROE COU!\ny ATTORNEY A ROVED ~s TO i=OI1M' ~ . t.. f.)' YNT IA L, L. ASSISTANT COv..rJ,y ,ArTORNEY Date DC; .- 04-- :;...oo::r Printed Name: Mario DiGennaro Title: Mayor/Chairperson ______ Date: Company: BellSouth Telecommunications, Inc. By: BellSOl~ Busines~yste~ Inc, I By: ~ 19.-'u . (J5--L~ Authorized Signature Date: B)R~~ Name:('v\:To klA- ~~Y) Title,lemN-(aI\-L5DLu.IIO^,$U>Ol$~~- Title, ~" QcA. ~ G-~\~O~ By: Name: Date Yt'-h s It J-Ue~ J Date: 15 _3J - :tQO I Date: Page J of 5 3 4 5 6 7 8 9 CONTRACT SERVICE ARRANGEMENT AGREEMENT Case Number FL07-2033-01 Option 1 of 1 RATES AND CHARGES Rate Elements BellSouth@ Metro Ethernet Service, 10 Mbps Premium Connection, per connection, Fixed Mode Non-Recurring $.00 Monthly Rate $810.00 USOC MTEP3 MTEP6 MTEMA MTETP CNMSE CNMME CNMSC WGGVF MTEP 1 2 BellSouth@ Metro Ethernet Service, 100 Mbps Premium Connection, per connection, Fixed Mode $1,620.00 $.00 BellSouth Metro Ethernet Service Additional Mileage, BellSouth Metro Ethernet Service arrangements greater than 10 through 25 airline miles, per 10 through 99 Mbps Connection $.00 $370,00 BellSouth@ Metro Ethernet Service, Priority Plus Feature, per connection $90.00 $.00 Metro Ethernet Reporting, Establishment Charge, per account Service customer $.00 $,00 Metro Ethernet Reporting Charge, per connection $,00 $8.00 Metro Ethernet Reporting Security card, each $.00 $.00 Contract Preparation Charge $.00 $.00 BellSouth@ Metro Ethernet Service, Premium Service Arrangement, 4 Mbps Premium Connection, per connection $.00 $590.00 Page 4 of 5 CONTRACT SERVICE ARRANGEMENT AGREEMENT Case Number FL07-2033-01 Option 1 of 1 RATES AND CHARGES NOTES: If facilities do not exist, special construction charges may apply. All rules and regulations found in the BellSouth@ Metro Ethernet tariff are applicable to this CSA. These rates and charges are only valid if the Customer is served from a central office equipped for BellSouth@ Metro Ethernet service, or can be extended to a central office equipped for BellSouth@ Metro Ethernet service, The following nonrecurring charges will be reduced or will not apply upon initial installation, However, if any of the service is disconnected prior to the expiration of this CSA, then Subscriber will pay full nonrecurring charges as identified below in addition to applicable termination liability. USaf: NONRECURRING CHARGE WGGVF-Contract Preparation Charge $1,114.00 CNMSC $ 200,00, each CNMSE $ 250.00, each MTEPl $1,000,00, each MTEP3 $1,000.00, each MTEP6 $1,500,00, each Registered trademark of BeIlSouth Intellectual Property Corporation END OF ARRANGEMENT AGREEMENT OPTION 1 Page 5 of 5 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: 6/20/07 Division: Public Works Bulk Item: Yes -K- No Department: Solid Waste Management Staff Contact PersonlPhone #: Carol A. Cobb/ 305.292.4432 (x4432) AGENDA ITEM WORDING: Approval of a Resolution to submit the Consolidated Small County Solid Waste Management Grant Application to the Florida Department of Environmental Protection ITEM BACKGROUND: The Department of Environmental Protection is offering a Consolidated Small County Solid Waste Management Grant. This grant combines the functions of the solid waste grants awarded in previous years. PREVIOUS RELEVANT BOCC ACTION: This is the same combination grant offered for the past four years. CONTRACT/AGREEMENT CHANGES: The award is anticipated to increase 45% due to fewer counties being eligible. STAFF RECOMMENDATIONS: Approval TOTAL COST: N/A COST TO COUNTY: N/A BUDGETED: Yes No N/A SOURCE OF FUNDS: Department of Environmental Protection REVENUE PRODUCING: Yes -X- N~_ ti.- \-\ v' APPROVED BY: County Atty YES OMB/Purchasing YES AMOUNT PER Year $277,316.00 Risk Management _ N/ A_ DOCUMENTATION: Included X Not Required_ DISPosmON: AGENDA ITEM # Revised 11106 MEMORANDUM TO: Dent Pierce, Director Public Works Division FROM: Carol A. Cobb, Sr. AdministratotYt1~ ~~ Solid Waste Management (,r':~ DATE: May 15, 2007 RE: Consolidated Small County Solid Waste Management Grant Application The Florida Department of Environmental Protection is offering a Consolidated Small County Solid Waste Management Grant. The grant combines the functions of the four solid waste grants awarded in previous years. This year the award is expected to be $277,316.00, or 45% more than the past four years. SOLID WASTE MANAGEMENT RESOLUTION NO. - 2007 A RESOLUTION OF THE BOARD OF COMMISSIONERS OF MONROE COUNTY FLORIDA, AUTHORIZING THE SUB- MISSION OF THE CONSOUDATED SOLID WASTE MANAGEMENT GRANT APPLICATION TO THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FOR FISCAL YEAR 2007 WHEREAS, the Florida Department of Environmental Protection has announced the application deadline of July 1, 2007 for the Consolidated Solid Waste Management Grant, now therefore: BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that: 1. The Monroe County Solid Waste Management Department has approval to submit the Consolidated Solid Waste Management Grant to the Department of Environmental Protection, and that; 2. The Board authorizes the Mayor to have signature authority on the Department of Environmental Protection grant application and agreement, and authorizes the County Administrator, or Deputy Anministrator, to have signature authority on payment requests, and that; 3. This resolution shall go into effect immediately upon its passage and adoption and authentication by the signatures of the presiding Officer and Clerk of the Court. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a meeting of said Board held on the 20th day of June AD 2007. Mayor Mario Di Gennaro Mayor Pro Tem Dixie M. Spehar Commissioner George Neugent Commissioner Charles "Sonny" McCoy Commissioner Sylvia J. Murphy (SEAL) BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA Attest: Danny L. Kolhage, Clerk Mayor/Chairman MONROE COUNTY ATTORNEY A~VED AS ~ ~ ~L. AL:L ASSISTANT_CQU,NTY ATTORNEY Florida Department of Environmental Protection Charlie Crist Governor ----------------....-...............---- Bob Martinez Center 2600 Blair Stone Road Tallahassee, Florida 32399-2400 CONSOLIDATED SMALL COUNTY SOLID WASTE MANAGEMENT GRANT APPLICA nON Jeff Kottkamp Lt. Governor Michael W. Sole Secretary 1. Name of County: MONROE 2. Address of County: 1100 SIMONTON STREET, ROOM 2-231 KEY WEST, FL 33040 3. Federal Employer Identification Number: 59-6000-749 4. Name and Title of Contact Person (person handling program on a daily basis): Name: Title: CAROL A. COBB SR. ADMINISTRATOR 5. Address of Contact Person: 1100 SIMONTON STREET. ROOM 2-231 KEY WEST, FL 33040 6. Telephone Number of Contact Person: ( 30:3 292-4432 7, Population of County: 80,000 (APPROXIMATELY) 8. Purpose for which grant money is requested. (Indicate by checkmarks): Rule 62-716,510 (1) _ a. Purchasing or repairing solid waste scales e. Maintenance of solid waste facilities -.X-. b. Annual solid waste management program cost _ f. Education for employees or public _ c, Planning _ g. Recycling demonstration projects d. Construction of solid waste facilities _ h. Litter Control & Waste Tire Activities 9. Name and Title of Authorized Representative: Name: MARIO DI GENNARO* THOMAS J. WILLI** DEBBIE FREDERICK** Title: MAYOR COUNTY ADMINISTRATOR DEPUTY COUNTY ADMINISTRATOR *AS TO THE SIGNING OF THE APPLICATION AND AGREEMENT **AS TO PAYMENT REIMBURSEMENT REQUESTS 10, This application is due by July 1, of each year. 11, E-Mail Address: cobb-carol@monroecountv-fl.gov I CERTIFY that I am familiar with the information contained in this application, and that to the best of my knowledge and belief such information is true, complete and accurate. I further certify that I possess the authority to apply for this grant on behalf of this county. Signature of Authorized Representative Date 5/07-FY07/08 "/140re PrO/eetiOll, Less Process" V/,\'Yt'. dep. state /1. us BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: 6120/07 Division: Public Works Bulk Item: Yes X No Department: Fleet Mgt. / Roads & Bridges Staff Contact PersonIPhone #: Roy Sanchez I 292-3572 ~ AGENDA ITEM WORDING: Approval to purchase one (I) new Bucket Truck from (GSA) General Services Administration contractor, Altee Industries, Inc. in the total amount of$74,400.00 ITEM BACKGROUND: The New Bucket Truck win replace an existing unit that is fourteen (14) years old, with manufacturer's recommended maintenance and repair costs estimated at approximately $40,000.00, PREVIOUS RELEVANT BOCC ACTION: N / A CONTRACT/AGREEMENT CHANGES: N / A STAFF RECOMMENDA nONS: Approval to purchase from Altee Industries, Inc. on (GSA) General Services Administration, contract number GS-30F-1028G. TOTAL COST: $74.400.00 BUDGETED: Yes -X- No COST TO COUNTY: same SOURCE OF FUNDS: 102-22500-560641 REVENUE PRODUCING: Yes Nol AMOUNTPERMONTH_ Year APPROVED BY: County Atty. _ OMB/Purchasing _ Risk Management_ DOCUMENTATION: Included X Not Required_ DISPosmON: AGENDA ITEM # Revised 11106 MEMORANDUM TO: Dent Pierce, Director Public Works Division 17 Roy Sanchez, Director ~~ ~ Fleet Management Department .. r ~ June 4th, 2007 FROM: DATE: RE: Agenda Submission Memo For One (1) New Bucket Truck The attached BOCC agenda item is to purchase one (1) new Bucket Truck to replace one (1) existing unit, which is outdated and beyond economical repair. In conjunction with another unit already approved and on order, the County will be able to surplus three (3) units total, reducing inventory and all related maintenance by one (1). Per Monroe County's Purchasing Policy, the Fleet Department, through the Purchasing Department, contacted other State of Florida vendors in order to detennine if an exact type truck was available at a lower price than the (GSA) General Services Administration Contract number GS-30F-I028G, however, no additional quotes were received. (See attached vendor list.) In an effort for the County to take delivery of the new truck in a timely manner, before the heart of hurricane season., the Fleet Management Department's recommendation is for the County's Roads and Bridges Department to provide a purchase order to purchase one (I) new Bucket Truck from Altee Industries, Inc. in the total amount of $74,400.00, Thank you. ~IU+~ ~11 u=a.$' West Palin Beach, Florida May 21,2007 Roy Sanchez Monroe County RE: Purchase of A T3 7-G Mr. Sanchaz Per our conversation, Altec Industries, Inc. will offer the Monroe County a 37 foot bucket truck listed in our contract with General Services Administration (GSA). This contract period is effective from August 1,2002 through July 31, 2007 listed as #GS-30F-I028G Administration Schedule # FSC V ''vehicle-mounted personnel lifts", Item #A-7 in the GSA price list booklet refers to an Altec AT37-G telescopic articulating aerial lift with servicelline body. This unit has an actual working height of 42 feet. The unit and body will be mounted on a new Ford F-550 series chassis to include such items as diesel engine, automatic transmission and factory air conditioning. I've listed below the GSA base price for Item #A-7 along with the options from the GSA catalog. Listed GSA price for Item A-7 (Alfee Model AT37-G Aerial Device) Delivered to Monroe County $66,153 Options for A-7 YD- Diesel Engine EDC- 12 Volt DC Emergency lowering System (see note @ bottom) RDH- Rigid Door Holders FEX- Emergency Equipment TTP1- Trailer Towing Package UCR- Continuous Rotation HPR- Hydraulic Platform Rotator Sentry- Altee CD-driven self-training program Total GSA Price with Options Sincerely, Jenny Roth Note: Factory installed in new unit during production. $4413 $1068 $236 $105 $592 $811 $838 $184 $74,400 Cherry-Ron From: Vlctores-Carlos Sent: Monday, June 04, 2007 8:39 AM To: Cherry-Ron Subject: RE: BUCKET TRUCK QUOTE(S) Did not receive any responses to date, Carlos Victores Purchasing Manager Phone: 305-292~66 Fax: 305-292-4465 email: victores-carios@monroecounty-fl.gov From: Cherry-Ron Sent: Monday, June 04, 2007 8:35 AM To: Vlctores-<:arlos Cc: Sanchez-Roy Subject: BUCKET TRUCK QUOTE(S) Carlos, If you would, please let us know if you received any quotes on the Bucket Truck (were due on 5/31/07), if so, send to Roy and myself. Please let us know either way as we need to prepare an agenda item for this today. Thank you, Ron Cherry Jr. Sr. Coordinator Monroe County Fleet Mgt, 305-292-3452 305-292-3529 fax 6/412007 Page I of I Sanchez-Roy From: Donald Dithmer Jr [ddithmerjr@gatorford.com} Sent: Saturday, May 26, 2007 7:06 AM To: Sanchez-Roy Subject: F550 Hi Roy, There are no F550 141" wheelbases available in the southeast. Sorry . t:~ fa'>" - - .~.. j'~ "0 .,j, . . ~ ,; 'I; ;-;. '" \. , """ ..- ........,.". ~: 8130111lll).3l!l1 c.I: 8'I:J..Je3.$061 Fax: '13-910008'18 Fl WATS: 800-282-8799 ckIIt1~.com Ool'l 0Ihmer; Jr. ~ .---...... -~ 6/4/2007 The vendors listed below were solicited for quotes for one new bucket Truck on May 23, 2007 and were due on May 31, 2007: Palmetto Ford Atlantic Truck Center Gator Ford Tropical Ford Duval Ford BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: June 20. 2007 Division: Public Works Bulk Item: Yes ~ No Department: PW Management StaffContactIPhone No.: Dent Pierce/292-4560 (ext. 4560) AGENDA ITEM WORDING: Approval to transfer title to a surplus mobile home from Monroe County to Alex's Auto Wrecking & Parts and allow Alex's to remove the mobile home from the Rockland Key Public Works site at no cost to the County. ITEM BACKGROUND: Habitat for Humanity donated the 1998 mobile home to the County, but it was damaged beyond repair by Hurricane Wilma. In February, 2007, the Board authorized its removal and disposal at an estimated cost of $4,000.00. Alex's Auto Wrecking & Parts is willing to remove the mobile home at no cost to the County. On September 20,2006, the County approved a similar situation by allowing Brandes Design-Build, Inc. to remove five (5) tanks from the decommissioned wastewater treatment plant located at the Stock Island Detention Facility at no cost to the County. PREVIOUS RELEVANT BOCC ACTION: On February 21,2007, the Board approved the title transferring ownership of the mobile home to Monroe County and authorized it to be demolished and removed from the Rockland Key Public Works site. ~ - CONTRACT/AGREEMENT CHANGES: n/a STAFF RECOMMENDATION: Approval. TOTAL COST: ~ BUDGET: Yes No COST TO COUNTY: same SOURCE OF FUNDS: REVENUE PRODUCING: Yes_ NOJL AMOUNT PER MONTH YEAR APPROVED BY: County Atty. _ OMBlPurchasing _ Risk Management_ DOCUMENTATION: Included:--K- Not Required: _ DISPOSITION: AGENDAITEM# 05/17/2007 1&:52 3052924558 MC PUBLI C WORKS PAGE 01/02 FRON : /=LEX AUTO W~ECK [NG ~~x NO, :3052964912 Ma~. 17 2e07 e4:51PM Pi May J, 2007 Monroe County Public Works Mr. Dent Piercf, Division Director 1100 Simon1On Street Key West; F133040 Re: Roc.kland Key Trailer Dear Mr. Pierce, Alex's Auto Wrecking &. Parts respectfully requests that you allow us to remove the trailer loC8ted on the Rockland Key property at no charge to the County in exchange for the Title. . Alex's Auto W~Dg 8: Ps.rts has ~ced the County of Monroe and the City ofKer West sinee 1961. We have continually ProVided the citizens of Momoewith FREE removal of de.relict vehicles, vessels and trailers in exchange for Title. We ask that you allow US to remove the trailer from your property. As always, we 1hank you fur the opportlmity.l await your favorable response. ~. you. ~ ' .........~ ' \ , ~ .5tine Rodriguez /' Vice-President ' 111 US Highway 1 (MM8.5) Key West, Florida 33040 · 305-296-4910 Office. 305-296-4912 Fax. alexautowrecking@aol.com . .~ ~~~ ~~~~'~~ Identification Number WT-L-BHP Vessel Regis. No. nle Number MaR Lien Satisfaction to: Dept of Highway Safety and Motor Vehicles, Ne~ Kir1<man Building, TaRahassee, FL 32399-0500 A05025 JACFL18801 Registered Owner: 46' 85181291 Date of Issue 05/10/2007 Lien Release Interest in the described vehicle is hereby released By MONROE COUNTY BOCC PO BOX 1980 KEY WEST FL 33041-1980 MONROE COUNTY BOCC PO BOX 1980 KEY WEST FL 33041-1980 nle Date IMPORTANT INFORMATION 1. When ownership of the vehicle described herein is transferred, the seller MUST complete in full the Transfer of Title by Seller section at the bottom of the certificate of title. 2. Upon sale of this vehicle, the seller must complete the notice of sale on the reverse side of this form. 3. Remove your license plate from the vehicle. 4. See the web address below for more information and the appropriate forms requiredfor the purchaser to title and register the vehicle, mobile home or vessel: http://VoNNJ.hsmv.state.fl.us/html/t it I i nf. ht m I Mail To: 1..11...11.11....1..1...11...111.1..1..1.11...1..1.11.....11.1 r:- Id.nli1'klhon No,;,er =Lur T J,la~J:J80CV .. '" \....T-l.IliP --.- W...I Reg;'. No. T TIle Nurmer -1 . I h.n Rf!-hPa'u~ ~.,\ ,. JACFL 18801 1 B!!!LC!'!'lC HS 46' 1 __ 85181291 l",e~ll" lh. a..crm.d ..~il:le is hereby r.leued I" ~FiJLe' Color L """"'..... Ilr1nd J Seconda.....llr1nd ~ ~"~. L Us. ~I. p,...luu~ DlI~ lily L ,_ , __ _ .-l _.1'RIVATE 06/08/200~J nle [~ Odome!:~~.IUS or Vessel lol..ufllcturer '" OH.... . 1 flit Mal enol T FTop }O:;l: :/~~~ Ollie R~':l.<1 ~r~<1 (~"'] ,~.,- MONROE COUNTY BOCC PO BOX 1980 KEY WEST FL 33041-1980 1 0<1 l.]~."h"]d,,r NJNE DMSIQN OF MOTOR VEHICLES TAllAHASSEF e ,,,"',.. 8 4 0 'I~~9 6 2 DEPARTMENT OF HIGHWAY SAfElY AND IolOTORVUlIClES ~ C<mlrol NImlI>oo' ~~ CI~ A. Fot'll Drlcto' EIe <Ira The 0 "oriou- Buslle E.e out"", on elC' TltANSfER OF TITLE BY SElll'R (Thjo sect"'" ""'01 be compil!loO II Ih. 11mi' of 1110.1 r~IIf1.lJ :.IPd."OT ~~ 1l7\.l."n'tlui'f'l!"~ _11~.,;t.LtIiC .1tp:j.l~P:1 ,......-a;t...~.:-: D~uc.. ~111D;: rril;~ LiJld d~(:. ~ol.d it! (j)'UI~cti.n.. 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UNDER PENAL TE:S OF PER.AJRY, I DEClARE THAT I HAVE READ THE FOREGOING DOCUMEHT AND THAT THE: FACTS STATED IN IT ARE TllUE, :":"'U.Hol!\t1111o;J ~lp:tIH~' llriltl Ht'f(:" SdlilJj.! IkIIln'"o. j i:nl!l..:c-~I!f" . 't~~Sl-lJ."~ MIl~1 :'"i11('f1 H'C'n'. fJ'ri1il1 Hn~ T.I.1""W:l h.....t.:[JIl-rt..iC!,.. .'\rM.1iun "'liIllK 1.lu"'4:!'\lJIIIIht!'". P\ IRf 'H..\.."EH MIIa'4 Sj IDI Hen' CU-I"lifLn-f..\_"i;"'~ M!t'.4 5itpOl~ P'I'i,nHdll': NOTICE: S1O.eO PENALTY IS REQURED BY LAW F NOT SUBIIITTED FOR TRANSFER WITHIN 10 DAYS AFTER DATE OF PURCHASE r-- N 01)- 0'0 - c: ro '<: ;;: ::l 0) "0 c: u; '" c/55~ 0) '" '" c ..c:: VJ u c O)l!2:"'c 0) u . e- N -BC:3 '<t "O~~~C "0 -.- ::l 00 oc: -:2; ro Cij <a 0.. 000 UC~U ~~bc; \C) \C) '" :2; ~ .'::: .'::: 00 - "O.~ ;;: <nO E~~]] ~ ~ ~ g ~;:j: U~a:lUU a--~~ 0 0 0 -B~:S8 =ll::=ll:: \C) <n cQtjc:4=o ~a:l :t N r..: 01)'- 0"0 - c: 0/) 0) .~ ~ ~'5 ~O)lJcO'" ~ &~ ~ ~ ~ ~ 0 0) 0 '" ~c:o<ac: 0) 0)._"0 0) 0) ..c:::-;:::c:ii/ 00 <) ,",Cij o ;;: :9 .S:: "0 r<; 0) ~~ ~ ~':- ~ ~ ~ ~~~~~ >-< ~~ c'"'~ c"o ~ 8.'15. >, 0 oiJ...5:-;:::O'J.a~ ~]~~~ <:t: Z 0)'- 0 ro Cij 0 ... ~..su:2;V)>o t:: 0) lJ ::l 0 0 ~::l-5~o U '" 0 u i= ~o)~~<<l <( ~ ~ '" .~ ~ LX: "'Cij ...~ ::l;;:o.. a: 80)"8"'0 >< .... :3 ~'c'~ W Ol .~ ~ &5. Z N 0 .... tl.S:: ~ ~ co 0 Z .... .- <a "0 ~ ~~o ~ ~ Vl ~'6bM.~ .g E5OO)~ ~..c::o g ~ c: 0.. ;.< ~N ~ g C/j G ~ ~ >< 8 c g w 0 (fJ co ::::l Ol :I: C") g .... @ ~ ~ , z .... OJ ~ 0 w ~ ~ d ~ >-< 1= 5 0 -< 5gii Cl U C. 0 0 a:l .....1 g o Ol 1-- ~ 0 (fJ w....(fJ .... Ol w o><w ~ .... 0 0 .... ..J 00 I 0 I a:o~ c:o Z~ Ol OJ .... 0 ZOJ> ~ :1:.... ~8 ~ ~ s: ..~ow 0) ~ii 8~ ~ w ~ c.~ ~ ~ Z > 'a ~ Ol ~_ m~ 50ii ~ Ol (J) :2; ......,..,. o co - Z "'0 Oll- ::::l 23 8~ w....(fJ 0 0 ~ o><w 0 ~z~ ~~ a:O~ I ti :5 ZOJ> a: OOW > 0... >-<>::1 ClCl ~c.~ Z 2122 . 1111 ~~U~:~:1t~I~~~~~III" STATE OF FLORIDA APPLICATION FOR VEIDCLEJVESSEL CERTIFICATE OF TITLE TRANSACTION ID'S CNTY# AGY# SUB# RPT# 38 AUDIT # L# 737544 T# 495859770 B# 440168 TITLE NUMBER VEHICLENESSEL IDENTIFICATION # YR. MAKE MAKE or BODY VEHICLE COLOR WT/LENGTH GVW/LOC MANUFACTURER TYPE 185181291 I I JACFL18801 IEICHNC I~CDI46' II I DATE OF ISSUE TRANS VEHICLE USE HULL PROPULSION FUEL VESSEL WATER FL NUMBER MO. DAY YEAR CODE MATERIAL TYPE EE::EJ I TRT II PRIVATE I I I I I I I 1 BIRTHDATE RESIDENT CNTY SEX MO. DAY YEAR Y N ALIEN RES.# AppIicanl/OMle~s Name & Address [[]I] ITIJ EJ MONROE COUNTY BOCC PO BOX 1980 KEY WEST, FL 33041-1980 1st OWNER FUDL# OR 2nd OWNER FUDL# OR F,E.I.D,# UNIT # 1596000749-01 II I VOLUNTARY CONTRIBUTIONS ! I AGENCY TITLE FEE SALES TAX GRAND TOTAL FEE ~ I 35.00 II 0.0011 39.251 Action Requested: TRANSFER Tm...E Brands: PREV.STATE DATE ACQUIRED NEW USED ODOMETER I VESSEL MANUFACTURER ODOMETER FL 12/14/2006 XX 0 DECLARATION CERTIFICATION LIEN INFORMA nON DATE OF LIEN RECEIVED DATE FEID # OR FL I DL AND SEX AND DATE OF BIRTH DMV ACCOUNT # NAME OF FIRST LIENHOLDER: ADDRESS SAlVAGE TYPE SELLER INFORMA nON NAME OF SELLER, FLORIDA DEALER, OR OTHER PREVIOUS OWNER ADDRESS DEALER LICENSE NO. CONSUMER OR SALES TAX EXEMPTION it SALES TAX AND USE REPORT INDICATE TOTAL PURCHASE PRICE, INCLUDING ANY $ TRANSFER OF TITLE 0 UNPAID BALANCE DUE SELLER, BANK OR OTHERS PURCHASER HOLDS VALID IS EXEMPT FROM EXEMPTION CERTIFICATE INDICATE SALES OR USE TAX DUE AS PROVIDED BY CHAPTER $ 0,00 FLORIDA SALES OR 0 VEHICLE I VESSEL WILL BE 212, FLORIDA STATUTES USE TAX FOR THE USED EXCLUSIVELY FOR RENTAL REASON(S) CHECKED ~ OTHER EXEMPT 0 SELLING PRICE VERIFIED APPLICANT CERTIFICATION I/WE HEREBY CERTIFY TMAT THE VEIfi1EIVESSEL. TO BE TITLED WILL NOT BE OPERAlEO UPON THE P\JBUC IKlHWAYSlWATERWAYS OF THIS STATE. - I CERTIFY TMAT THE CERllFlCATE OF TITlE IS LOST OR DESTROYED. - I CERTIFY TMAT TtIS MOTOR VEHlCLE/VESSEL WI>S REPOSSESSED UPON OEFAIJL T OF THE LIEN INSTRUMENT /lKJ IS NOW IN MY POSSESSION. - IIWE HEREBY CERTIFY TMAT IIWE LAWFUU..Y OWN THE -'BOVE DESCRIBED VEHICl..EIVESSE /lKJ MAKE APPLICATION FOR TITLE. IF UEN IS BEING RECORDED NOTICE IS HEREBY GIVEN TMAT THERE IS AN EXISTING WRITTEN UEN INSTRUMENT INVOLVING THE VEHICLE/VESSEL DESCRIBED ABOVE /lKJ tE1.O BY UENHOl.DER SHOWN ABOVE.I/WE FUR1lER AGREE TO DEfENO THE TITlE AGAINST ALL CLAIMS. UNDER PENAL TIES OF PERJURY, I DECLARE TMAT I HAVE READ THE FOREGOING DOCUMENT AND TMAT THE FACTS STATED IN IT NIE TRUE. Signature of Applicanl/OMler Signature of AppIicanl/Co-OMler HSMV 82041 REVISED 02106 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: February 21. 2007 Division: Public Works Bulk Item: Yes -L No Department: Facilities Maintenance Staff Contact PersonIPhone#: John W. Kin2lx4531 AGENDA ITEM WORDING: Approval to execute a title transferring ownership of a mobile home donated to Monroe CoWlty by Habitat for Humanity from Habitat for Humanity to Monroe COWlty and. after receipt of title, to demolish and remove the mobile home from our Rockland Key Public Works site. ITEM BACKGROUND: This mobile home was manufactured by Homes of Merit, Inc. September 10, 1992, HUD No. FLA 505162, Serial No. FUIMB WH450-34116. Habitat for Humanity donated the mobile home to Monroe COWlty in 2004, but it was damaged beyond repair due to Hurricane Wilma PREVIOUS RELEVANT BOCC ACTION: None CONTRACI'/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval as stated above. TOTAL COST: approx. $4.000 for demo & dump fees BUDGETED: Yes No ..lL COST TO COUNTY: same SOURCE OF FUNDS Ad Valorem REVENUE PRODUCING: Yes NoX AMOUNT PER Month Year APPROVED BY: COWlty Atty _ OMBlPurchasing Risk Management_ DOCUMENTATION: Included X Not Required_ DISPOSITION: AGENDA ITEM # Revised 11/06 MEMORANDUM DATE: January 23, 2007 TO: Dent Pierce, Division Director Public Works John W. King. Sr. Director ~...0 '---- Lower Keys Operations 7- . Agenda Item - February 21,2007 BOCC Meeting Approval to Obtain Title, Demolish and Remove Mobile Home FR9M: RE: In 2004. Habitat for Humanity donated a mobile home to Monroe County, but in 2005 it was damaged ~ond repair by Hurricane Wilma. It is currently located on Rockland Key at the Public Works facility site. I hereby request approval to execute and transfer title from Habitat for Hwnanity to Monroe County, and then demolish and remove this mobile home from our Rockland Key Public Works site. JWK/jbw Enclosures !h.i EIy - p', ; ~,?~j: III;_~I - e' Tt 422438619 at 328584 wr -lAIN' - "- RoigIL No>. - 46' .. TlIII_- 85181291 ._~~;: ._-- JACFL188 0 1 -- CliNe -y_. 199~ --- . 8ody- . HS :~~ ....".~~. '"T ; .;>_1:: hqi8tered ~ HABITAT FOR HUMANITY OF KEY WEST POBOX 421003 \ S~ KEY, FL33042-1003 ' \.left ReIoeoe IIIloIest in lie ... desatled _. .....,....... Oat:. of! Y..ua 0.6/0812005 4... t--~~ , ............ ..... \ Hai.l '1'0: HABITAT FOR HUMANITY OF KEY WEST POBOX 421003 SUMMERLAND KEY, FL 33042-1003 ~..r""'~ .~, ... ;.':'~, . . .' 4-+l,'..', '" ;-:..:. ~,. .~~ 't~-=.~;- : +~:,.~~~-, .~--i;...- . : --....- -- oj' '. ~ ~~ :.;" ;.~\\1'- ~ - '1fL'; _"'hf,~, .r~-:--:-,,!:-. :;.: "\:-. __ ~.~.:}~}~ r ..i~~ ,;,.=-~!.",,'f~""""~ " . ~~--: I . ~~ - /~~ "." \.... ~AC"~ ~..- 0IIWIIf....~.,.,... ~.............,;,,~ ~.~m IIUCJIIIIM"\Ml -..: 110 r.. ~'IIlO'K.U 0IIi 'WIJ8S. "'~n.:L"".~'" "tf ~fiIIIIlIIIIlI!b""" l'Ht(.WW..IIIII.~ ~"'-li.3, ~'UI ~wo...... Wfc;.U ~"~ ,.: -~ -- JACFL18ROl - liSMrl- W'f-t_ -~.. 1_- HS 46' 85181291 --,- 100.- _ uo. --- PRIVATE 01101/200] -- ..... -..- 06/0812005 .... 1998 - CHNC )'.~ ,. -- FL J-.y- CoIlIr ~_..__..OOI_ .....:i...t:a~ Oom.r HABITAT FOR HUMANITY OF' KE.. WEST POBOX 42100] SUHME'RLAND Kh--V, F'L 31042 - 1003 ..-.- -..-----......- ..,. r... _ 1,...1 -- , '\ ~-j 1.t. L..~ol.... NONE t. ~..",-.cnClfl~U G ~~ n.OOOtt... lJI:P....n.ENT Of_V fiNElY ~ ItlOfOfl 'o'EHCUli .i ~ ~ , .. e.o,,_ ~ ]8/1 ~ -, ...0 ~. ~~ ~ OF "',f BY IfLUR (no. _ _................ _ of _) ~'JlX)I.f' rn.l:nr.....'..\ J~-............. M* ~ ~.... ~~......,....... l1li ~...... --....of~ ~......... ~ _ ~...... __.........111 ---- ,.... ;.---........ ...._... __._.."'"_<1.....__....__...___.......,__ ,___ Monroe County Board of County ~IIOO Simonton Sf,Kev We5t FL 33040 Co_t aroilers -. - ----~-- ~- - .-. -. -- -- -- - -- ,....-...- . ,.. -~ ...-...- - I, _ I.LXJ ..._, ....."""'lO-.DO __. ._..... Dec~.bJ!"r .14. ~9..96 ..... - - ........ _ <1_ __ '"A'ITIl.. t I....., <-.Ijo......... ..... 01.., l-...,....._....._.... _01...... '" .... lUni'l"1 ~ tNL .....I.'Al MiiT".Q.... _~ -. [Xl""" OUX Olll:s>.. "" Ll1IU'A_.... u...s. lI!Ju\ U M"[lIAJ. _~ ....-"'..---..,........ _....... . ~~--:..":".:;~~~~'lIl1...l"TllAL....J~ ~_'-" CII' PtiUI.IIY.,__ '""" ,__.... ___nu.T_'...cTII.-r",.,wrr___ -.-..... --~ - -.. ~1IIIf ........."--~ <-. l~._... ~_'-'_ ~AIJIII'''''' :ft'r-.r.l!'--al" t-1~ k". _ r- . 'lr",d;kf~_:"""".. ~41 ~""~.f1/., ('--~ -----~-~~ ~~-~ ~-,.".., ..~ _.._---~- _._-----------....--_--~ 677]8108 I ~ _ ~ i'--- , -:"--,-r -- -----.... .-. --+ ~~~'- '-~~, . ... ..-..i;.... ,,~.~-- .. '-' ,...... .......1_1_..._.. ___ ._, r.. '*' f_('~'J ~~... \-- !_- ,::-"'ji;.,~i,j;"fx~~~> L. . ;.::::~, --~:.~~~:~--.,-; ':/_':~~:~:;}~ ~~~~.;~~li!t,~_ -~........~ ,.- 1.~I~, ~~...; l,...~, ,if""" .' ~ ',' . ",':-<:OIj . ~ III~ ';~J / '. ~.t:~~1 "l ..-' t"' :~ -'-. ':~ t '-'r ..~ "'''.'''' ' ~f~\ Jf.l~~ \.., '-"{ h -' . 'l::~\ '~Jf ;--j :~~~ 11; ;.~ -r\",' ;s:~.- '.". H. :Lff' ~ ~ -, '\- ~-.:.\ ,:;.~.. ~."~f {~';rr- ~if~ :tt\ .:&- l'~ 5:S! i. ~";J 'I!', ,F~. ~~_.. -.1~' '. - ~: ~ . ,"- 'f '. ,~, . .......... BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: June 20. 2007 Division: Public Works Bulk Item: Yes ~ No Department: Facilities Maintenance Staff Contact Person John W. King. ext 4431 AGENDA ITEM WORDING: Approval to award bid and execute a contract with Diversified Services of Key West., Inc. for the janitorial services at the May Hill Russell Library, Key West, Florida, for $1500 per month and the Department of Juvenile Justice Building - second floor for $2600 per month. ITEM BACKGROUND: On April 30, 2007 the current contract with Wilson 5 Service Co., Inc. expired. The Key West Library staff requested that Wilson 5 Service Co., Inc.'s contract not be renewed due to poor performance. The Department of Juvenile Justice Building - second floor also need janitorial service, so bids were requested for both locations. At the bid opening held May 15, 2007, two bidders responded: (1) Diversified Services of Key West, Inc. at $1,500.00 per month for the May Hill Russell Library and $2,600.00 per month for the Department of Justice Building - second floor; and (2) Venda Storr proposed $2,850.00 per month for the May Hill Russell Library and no bid for the Department of Juvenile Justice Building - second floor. PREVIOUS RELEVANT BOCC ACTION: None CONTRACT/AGREEMENT CHANGES: New Agreement STAFF RECOMMENDATIONS: Approval as stated above. TOTAL COST: $49.200.00/annual BUDGETED: Yes l No COST TO COUNTY: $49.200.00/annual SOURCE OF FUNDS: Ad Valorem REVENUE PRODUCING: Yes No X AMOUNTPERMONTH_ Year APPROVED BY: County Arty / OMB/Purchasing _ Risk Management_ DOCUMENTATION: Included Not Required_ DISPOSITION: AGENDA ITEM # Revised 2/05 MEMORANDUM DATE: May 18, 2007 TO: Dent Pierce, Division Director Public Works FROM: John W. King, Sr. Director Lower Keys Operations RE: Agenda Item - June 20, 2007 BOCC Meeting Approval to Award and Execute Agreement - Janitorial Services for May Hill Russell Library and Department of Juvenile Justice Building - second floor To Diversified Services of Key West, Inc. On April 30, 2007, the current agreement with Wilson 5 Service Co., Inc. expired. The Key West Library staff requested that Wilson 5 Service Co., Inc.'s contract not be renewed due to poor performance. The Department of Juvenile Justice Building - second floor also needs janitorial service, so bids were requested for both locations with a bid opening of May 15, 2007.for janitorial services for Two bidders responded: (1) Diversified Services of Key West, Inc. proposed $1,500.00 per month for the May Hill Russell Library and $2,600.00 per month for the Department of Justice Building - second floor; and (2) Venda Storr proposed $2,850.00 per month for the May Hill Russell Library and no bid for the Department of Juvenile Justice Building - second floor. I hereby recommend approval to award bid and execute a contract with Diversified Services of Key West, Inc. for the janitorial services at the May Hill Russell Library, Key West, Florida and the Department of Juvenile Justice Building - second floor. JWKJjbw Enclosures MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Diversified Services of Contract # - Key West, Inc. Effective Date: July 1, 2007 Expiration Date: June 30, 2008 Contract PurposelDescription: Janitorial services for the May Hill Russell Library and the Department of Juvenile Justice Building - second floor Contract Manager: Jo B. Walters 4549 Facilities Maint/Stop #4 (Name) (Ext. ) (Department/Stop #) for BOCC meeting on 06/20/07 Agenda Deadline: 06/05/07 CONTRACT COSTS Total Dollar Value of Contract: $ 49,200.00 Budgeted? YesC8J No D Account Codes: Grant: $ N/ A County Match: $ N/ A Current Year Portion: $ 001-20501-530-340- 001-20505-530-340-_ 12,300.00 $1,500/mo $2,600/mo - - - - ----- - - - - ----- ADDITIONAL COSTS Estimated Ongoing Costs: $~yr For: (Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.) CONTRACT REVIEW Date In Division Director ~ 7 Changes Needed YesDNo~ YeSDNO~ YesD Norszf Risk Mana~t\{I1en~ b-S -07 (i'.)(.c... ~ \a\.1\ \ O.M.B./Purcha~ihg f# (.4c:tl County Attorney &/de)) YesD Nol6I Comments: OMB Form Revised 2/27/01 MCP #2 (a-50) ---=t=:- ~ C~~1-.lM Db -D)-O::.j- JANITORIAL SERVICES MAY HILL RUSSELL LIBRARY and/or DEPARTMENT OF JUVENILE JUSTICE BUILDING - SECOND FLOOR MONROE COUNTY, FLORIDA AGREEMENT FOR JANITORIAL SERVICES MAY HILL RUSSELL LIBRARY AND/OR DEPARTMENT OF JUVENILE JUSTICE BUILDING - SECOND FLOOR This Agreement is made and entered into this day of , 2007, between MONROE COUNTY, FLORIDA ("COUNTY"), a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040, and DIVERSIFIED SERVICES OF KEY WEST, INe. ("CONTRACTOR"), a Florida corporation, whose address is 50-D 11th Avenue, Key West, Florida 333040. WHEREAS, COUNTY desires to provide janitorial services for the May Hill Russell Library and/or the Department of Juvenile Justice Building - Second Floor: and WHEREAS, CONTRACTOR desires and is able to provide janitorial services to the May Hill Russell Library and/or the Department of Juvenile Justice Building - Second Floor; and WHEREAS, it serves a legitimate public purpose for CONTRACTOR to provide janitorial services to the May Hill Russell Library and/or the Department of Juvenile Justice Building - Second Floor, now therefore, IN CONSIDERATION of the mutual promises and covenants contained herein, it is agreed as follows: 1. THE AGREEMENT The Agreement consists of this document and its exhibits only. 2. SCOPE OF THE WORK: MAY HILL RUSSELL LIBRARY The Contractor shall furnish janitorial service, including all necessary supplies, equipment, and safety devices required in the performance of same for the May Hill Russell Library, located at 700 Fleming Street in Key West, Florida, consisting of approximately 13,137 square feet. A. Restroom sanitation shall include the following on a daily basis: 1. All floors swept, loose dirt removed. Agreement 1 April 2007 JANITORIAL SERVICES MAY HILL RUSSELL LIBRARY and/or DEPARTMENT OF JUVENILE JUSTICE BUILDING - SECOND FLOOR MONROE COUNTY, FLORIDA 11. Wash and disinfect floor 111. Stall partitions damp cleaned. IV. All commodes, urinals, basins and vanities shall be scoured and disinfected. v. All urinal traps shall be specially cleaned and disinfected. VI. All sanitary napkin receptacles will be cleaned, waste disposed, and disinfected. V11. All supplies shall be replaced (paper goods, soap, etc.). V111. 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 West Library has two (2) male public restrooms with one (1) toilet and one (1) urinal each, two (2) female public restrooms with two (2) toilets each, and one (1) employee restroom with one (1) toilet. B. All sinks and water fountains outside the restroom areas are to be cleaned daily. Water fountains are to be polished periodically. C. General Cleaning shall be completed daily, and should include the following: 1. All tile floors are to be dusted and mopped. 11. All furniture and furnishings to be dusted and spot cleaned. 111. Low ledges, sills, rails, tables, shelving, baseboards, etc. to be wiped with a damp cloth to reduce the amount of dust in the building. iv. All trash receptacles emptied, and trash can liners replaced. v. All upholster furniture to be vacuumed. vi. All vinyl-covered furniture to be wiped. V11. All carpeting shall be vacuumed with a powerful HEP A vacuum, such as the Orik. D. Weekly janitorial services to include: 1. All glass partitions, doors, mirrors, windows, etc. to be cleaned and/or polished. 11. Obvious scuff marks shall be removed from resilient flooring. iii. All door vents cleaned. E. Monthly janitorial services to include: 1. All high dusting (i.e. pictures, door frames, air vents, tops of book shelves, etc.) 11. All walls dusted monthly Agreement 2 April 2007 JANITORIAL SERVICES MAY HILL RUSSELL LIBRARY and/or DEPARTMENT OF JUVENILE JUSTICE BUILDING - SECOND FLOOR MONROE COUNTY, FLORIDA 111. All air conditioning vents, supply and return air grilles cleaned. IV, All Venetian blinds on windows to be dusted. F. The Contractor shall insure all exterior doors are locked while they are servicing the building and upon their departure. The Contractor is not to let anyone in the building except janitorial staff. G. Janitorial services will be five (5) days a week, Monday thru Friday (excluding holidays), beginning at 8:00 a.m., and finishing no later than the Library opening time of 10:00 a.m. Should the Contractor need additional time to complete the scope of work, a mutually agreed upon schedule between the Contractor and the Library allowing the Contractor to start prior to 8:00 a.m. may be implemented. H. The Contractor shall be responsible to coordinate the work with the County area representative, John W. King, Senior Director, Lower Keys Facilities, contact phone (305) 292-4431, Monday through Friday, 8:00 to 5:00 pm. The Contractor shall perform the work during hours and time as specified. 1. 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. J. 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. K. The Contractor shall report any problems regarding open doors and/or vandalism to the Facilities Maintenance Department, telephone (305) 292-4431 or (305) 292- 4436. L. 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. The Contractor will be given access to 2 storage closets, one in the lounge for their exclusive use and to which only they shall have the keys, and one at the rear entrance where they may store pails, mops, and other needed supplies and equipment. M. Additional Services: (shall be performed once in every three month period, and shall be included in the bidding price.) 1. 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 comers. The waxed floor shall present a clean appearance free from scuff marks or dirt smears. Furniture Agreement 3 April 2007 JANITORIAL SERVICES MAY HILL RUSSELL LIBRARY and/or DEPARTMENT OF JUVENILE JUSTICE BUILDING - SECOND FLOOR MONROE COUNTY. FLORIDA and/or other equipment moved during floor stripping and waxing shall be returned to their original positions. 11. 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. DEPARTMENT OF JUVENILE JUSTICE BUILDING - SECOND FLOOR - APPROXIMATELY 20.000 SQUARE FEET The Contractor shall furnish janitorial service, including all necessary supplies, equipment, and safety devices required in the performance of same for the DEPARTMENT OF JUVENILE JUSTICE BUILDING, SECOND FLOOR located at 5503 College Road, Key West, FL. Services listed below are to be conducted only during the hours of8:00 AM to 5:00 PM Monday through Friday. A mutually agreed upon schedule will be developed with the minimum services to include, but not limited to, the following: A. GENERAL OFFICE CLEANING (two times per week) 1. Tile floors-dust mopped and/or damp mopped 11. Furniture and Furnishings-Dusted and spot cleaned 111. Low ledges, sills, rails & baseboards dusted and spot cleaned IV. Trash emptied and liners changed v. Vacuum carpets VI. Carpeting spot cleaned B. RESTROOM SANITATION (Monday through Friday) 1. Floors swept and loose dirt removed 11. Floor washed, disinfected and mopped 111. Stall partitions damp cleaned IV. Commodes, urinals, basins & vanities scoured and disinfected. v. All supplies replaced with sufficient stock to last through the next cleaning day (includes hand soap, paper towels & toilet paper) VI. Trash receptacles emptied and liners replaced. V11. Mirrors polished C. PUBLIC AREAS/ HALL W A YIBREAKROOM (Monday through Friday) 1. Low ledges, sills, rails and baseboards dusted and spot cleaned Agreement 4 April 2007 JANITORIAL SERVICES MAY HILL RUSSELL LIBRARY and/or DEPARTMENT OF JUVENILE JUSTICE BUILDING - SECOND FLOOR MONROE COUNTY, FLORIDA 11. Drinking fountains cleaned and polished 111. Trash receptacles emptied and liners replaced IV. Furniture and furnishings dusted and spot cleaned v. Upholstered furniture vacuumed VI. Tile floors dust mopped and/or damp mopped D. FITNESS ROOM MAINTENANCE (Monday through Friday) 1. Same as RESTROOM SANITATION as described above 11. Vacuum and damp mop both tile and rubber matted flooring 111. Clean mirrors IV. Low ledges, sills, rails and baseboards dusted and spot cleaned. v. Drinking fountain cleaned and polished. VI. Trash receptacles emptied and lined Vll. Clean all gym equipment seats and handles with disinfectant Vlll. Clean all gym equipment baselhousing on a weekly basis E. ELEV A TOR MAINTENANCE (Monday through Friday) 1. Clean and disinfect interior car walls, holding bars, and push buttons 11. Vacuum and damp mop floor 111. Vacuum door track F. PERIODIC SERVICES 1. Floors waxed and buffed once a month 11. Floors stripped, refInished and buffed once per quarter 111. All door vents cleaned weekly IV. All high dusting-monthly v. All interior windows washed every other week. VI. Clean/Shampoo all carpeted areas once per quarter Vll. Clean all AlC vents in all offices and hallways once per month Vlll. Sweep out, mop and dust STAIRWELLS once per month. 3. PAYMENTS TO CONTRACTOR A. COUNTY'S performance and obligation to pay under this agreement, is contingent upon annual appropriation by the Board of County Commissioners. Agreement 5 April 2007 JANITORIAL SERVICES MAY HILL RUSSELL LIBRARY and/or DEPARTMENT OF JUVENILE JUSTICE BUILDING - SECOND FLOOR MONROE COUNTY, FLORIDA B. COUNTY shall pay in accordance with the Florida Local Government Prompt Payment Act; payment will be made after delivery and inspection by COUNTY and upon submission of invoice by CONTRACTOR. C. CONTRACTOR shall submit to COUNTY invoices with supporting documentation acceptable to the Clerk, on a monthly schedule in arrears. Acceptability to the Clerk is based on generally accepted accounting principles and such laws, rules and regulations as may govern the Clerk's disbursal of funds. D. Expenses for travel, lodging, per diem and other authorized expenses shall be paid pursuant to Florida Statute 112.061 and Monroe County Ordinance. E. MONTHL Y FEE FOR JANITORIAL SERVICES FOR MAY HILL RUSSELL LIBRARY: $1.500.00 ONE THOUSAND FIVE HUNDRED AND NO/I00-------------------DOLLARS AMOUNT WRITTEN OUT F. MONTHLY FEE FOR JANITORIAL SERVICES FOR DEPARTMENT OF JUVENILE JUSTICE BUILDING - SECOND FLOOR $2.600.00 TWO THOUSAND SIX HUNDRED AND NO/I00-------------------DOLLARS AMOUNT WRITTEN OUT 4. TERM OF AGREEMENT This Agreement shall commence on July 1, 2007, and ends upon June 30, 2008, unless terminated earlier under paragraph 18 of this Agreement. The COUNTY shall have the option to renew this Agreement for up to an additional two (2) one year periods at terms and conditions mutually agreeable to the parties, exercisable upon written notice given at least 30 days prior to the end of the initial term. Unless the context clearly indicates otherwise, references to the "term" of this Agreement shall mean the initial term of two (2) years. The Contract amount shall be adjusted annually in accordance with the percentage change in the U.S. Department of Commerce Consumer Price Index (CPI-U) for all Urban Consumers as reported by the U.S. Bureau of Labor Statistics for the previous year using the most recently published indicator. Agreement 6 April 2007 JANITORIAL SERVICES MAY HILL RUSSELL LIBRARY and/or DEPARTMENT OF JUVENILE JUSTICE BUILDING - SECOND FLOOR MONROE COUNTY, FLORIDA 5. ACCEPTANCE OF CONDITIONS BY CONTRACTOR CONTRACTOR has, and shall maintain throughout the term of this Agreement, appropriate licenses. Proof of such licenses and approvals shall be submitted to the COUNTY upon request. 6. FINANCIAL RECORDS OF CONTRACTOR 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. 7. 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 Statutes, and made or received by the COUNTY and CONTRACTOR in conjunction with this Agreement; and the COUNTY shall have the right to unilaterally cancel this Agreement upon violation of this provision by CONTRACTOR. 8. HOLD HARMLESS AND INSURANCE 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 CONTRACTOR occasioned by the negligence, errors, or other wrongful act of omission of CONTRACTOR, its employees, or agents. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. Failure of CONTRACTOR to comply with the requirements of this section shall be cause for immediate termination of this agreement. Prior to execution of this agreement, CONTRACTOR shall furnish the COUNTY CertifIcates of Insurance indicating the minimum coverage limitations in the following amounts: Agreement 7 April 2007 JANITORIAL SERVICES MAY HILL RUSSELL LIBRARY and/or DEPARTMENT OF JUVENILE JUSTICE BUILDING - SECOND FLOOR MONROE COUNTY, FLORIDA WORKERS COMPENSATION AND EMPLOYER'S LIABILTIY INSURANCE. Where applicable, coverage to apply for all employees at a minimum statutory limits as required by Florida Law. COMPREHENSIVE AUTOMOBILE VEHICLE LIABILITY INSURANCE. Motor vehicle liability insurance, including applicable no-fault coverage, with limits of liability of not less than $100,000.00 per occurrence, combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage shall include all owned vehicles, all non-owned vehicles, and all hired vehicles. COMMERCIAL GENERAL LIABILITY. Commercial general liability coverage with limits of liability of not less than $100,000.00 per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. CERTIFICATES OF INSURANCE. Original CertifIcates of Insurance shall be provided to the COUNTY at the time of execution of this Agreement and certifIed copies provided if requested. Each policy certifIcate shall be endorsed with a provision that not less than thirty (30) calendar days' written notice shall be provided to the COUNTY before any policy or coverage is canceled or restricted. The underwriter of such insurance shall be qualifIed to do business in the State of Florida. If requested by the County Administrator, the insurance coverage shall be primary insurance with respect to the COUNTY, its offIcials, employees, agents and volunteers. 9. NON-WAIVER OF IMMUNITY Notwithstanding the provisions of Sec. 286.28, Florida Statutes, the participation of COUNTY and 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 Agreement entered into by the COUNTY be required to contain any provision for waiver. 10. INDEPENDENT CONTRACTOR At all times and for all purposes under this agreement CONTRACTOR is an independent and not an employee of the Board of COUNTY Commissioners of Monroe COUNTY. No statement contained in this agreement shall be construed so as to fmd CONTRACTOR or any of his employees, subs, servants, or agents to be employees of the Board of COUNTY Commissioners of Monroe COUNTY. 11. 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 Agreement 8 April 2007 JANITORIAL SERVICES MAY HILL RUSSELL LIBRARY and/or DEPARTMENT OF JUVENILE JUSTICE BUILDING - SECOND FLOOR MONROE COUNTY, FLORIDA 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 patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or fmancing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 1201 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 COUNTY and CONTRACTOR to, or the subject matter of, this Agreement. 12. ASSIGNMENT/SUBCONTRACT CONTRACTOR shall not assign or subcontract its obligations under this agreement to others, except in writing and with the prior written approval of the Board of County Commissioners of Monroe County and CONTRACTOR, which approval shall be subject to such conditions and provisions as the Board may deem necessary. This paragraph shall be incorporated by reference into any assignment or subcontract and any assignee or sub shall comply with all of the provisions of this agreement. Unless expressly provided for therein, such approval shall in no manner or event be deemed to impose any additional obligation upon the board. 13. COMPLIANCE WITH LAW AND LICENSE REQUIREMMENTS In providing all services/goods pursuant to this agreement, CONTRACTOR shall abide by all laws of the Federal and State government, ordinances, rules and regulations pertaining to, or regulating the provisions of, such services, including those now in effect and hereinafter adopted. Compliance with all laws includes, but is not limited to, the immigration laws of the Federal and State government. Any violation of said statutes, ordinances, rules and regulations shall constitute a material breach of this agreement and shall entitle the Board to terminate this Agreement. CONTRACTOR shall possess proper licenses to perform work in accordance with these specifIcations throughout the term of this Agreement. 14. DISCLOSURE AND CONFLICT OF INTEREST CONTRACTOR represents that it, its directors, principles and employees, presently have no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required by this contract, as provided in Sect. 112.311, et. seq., Florida Statutes. COUNTY agrees that officers and employees of the Agreement 9 April 2007 JANITORIAL SERVICES MAY HILL RUSSELL LIBRARY and/or DEPARTMENT OF JUVENILE JUSTICE BUILDING - SECOND FLOOR MONROE COUNTY, FLORIDA COUNTY recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. Upon execution of this contract, and thereafter as changes may require, the CONTRACTOR shall notify the COUNTY of any fInancial interest it may have in any and all programs in Monroe County which the CONTRACTOR sponsors, endorses, recommends, supervises, or requires for counseling, assistance, evaluation, or treatment. This provision shall apply whether or not such program is required by statute, as a condition of probation, or is provided on a voluntary basis. 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. 15. NO PLEDGE OF CREDIT CONTRACTOR shall not pledge the COUNTY'S credit or make it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien, or any form of indebtedness. CONTRACTOR further warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfIll the terms of this contract. 16. NOTICE REQUIREMENT Any notice required or permitted under this agreement shall be in writing and hand delivered or mailed, postage prepaid, to the other party by certifIed mail, returned receipt requested, to the following: FOR COUNTY: Monroe County Facilities Maintenance Department 3583 South Roosevelt Boulevard Key West, Fl. 33040 FOR CONTRACTOR: Gudelio Cabrera (Director/Manager) Diversified Services of Key West, Inc. 50-D 11th Avenue Key West, Florida 33040 Agreement 10 April 2007 JANITORIAL SERVICES MAY HILL RUSSELL LIBRARY and/or DEPARTMENT OF JUVENILE JUSTICE BUILDING - SECOND FLOOR MONROE COUNTY, FLORIDA 17. TAXES COUNTY is exempt from payment of Florida State Sales and Use taxes. CONTRACTOR shall not be exempted by virtue of the COUNTY'S exemption from paying sales tax to its suppliers for materials used to fulfIll its obligations under this contract, nor is CONTRACTOR authorized to use the COUNTY'S Tax Exemption Number in securing such materials. CONTRACTOR shall be responsible for any and all taxes, or payments of withholding, related to services rendered under this agreement. 18. A. B. TERMINATION The COUNTY or CONTRACTOR may terminate this Agreement for cause with seven (7) days notice to CONTRACTOR. Cause shall constitute a breach of the obligations of either party to perform the obligations enumerated under this Agreement. 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. 19. GOVERNING LAW. VENUE. INTERPRETATION. COSTS. AND FEES This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to Agreements made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the COUNTY and CONTRACTOR agree that venue will lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. 20. MEDIATION The COUNTY and CONTRACTOR agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of them the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. 21. 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 Agreement 11 April 2007 JANITORIAL SERVICES MAY HILL RUSSELL LIBRARY and/or DEPARTMENT OF JUVENILE JUSTICE BUILDING - SECOND FLOOR MONROE COUNTY, FLORIDA any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. 22. ATTORNEY'S FEES AND COSTS COUNTY and 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 and attorney's fees, in appellate proceedings. Each party agrees to pay its own court costs, investigative, and out-of-pocket expenses whether it is the prevailing party or not, through all levels of the court system. 23. ADJUDICATION OF DISPUTES OR DISAGREEMENTS COUNTY and CONTRACTOR agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of COUNTY and CONTRACTOR. If no resolution can be agreed upon within 30 days after the fIrst meet and confer session, the issue or issues shall be discussed at a public meeting of the Board of County Commissioners. If the issue or issues are still not resolved to the satisfaction of COUNTY and CONTRACTOR, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. 24. COOPERATION In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, 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. 25. BINDING EFFECT The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefIt of COUNTY and CONTRACTOR and their respective legal representatives, successors, and assigns. 26. 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. Agreement 12 April 2007 JANITORIAL SERVICES MAY HILL RUSSELL LIBRARY and/or DEPARTMENT OF JUVENILE JUSTICE BUILDING - SECOND FLOOR MONROE COUNTY, FLORIDA 27. 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. 28. PRIVILEGES AND IMMUNITIES All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefIts which apply to the activity of officers, agents, or employees of any public agents or employees of the COUNTY, when performing their respective functions under this Agreement within the territorial limits of the COUNTY shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the COUNTY. 29. LEGAL OBLIGATIONS AND RESPONSIBILITIES 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. 30. NON-RELIANCE BY NON-PARTIES No person or entity shall be entitled to rely upon the terms, or any of them, ofthis 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. 31. 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. 32. 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, Agreement 13 April 2007 JANITORIAL SERVICES MAY HILL RUSSELL LIBRARY and/or DEPARTMENT OF JUVENILE JUSTICE BUILDING - SECOND FLOOR MONROE COUNTY, FLORIDA and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 33. EXECUTION IN COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of COUNTY and CONTRACTOR hereto may execute this Agreement by singing any such counterpart. 34. SECTION HEADINGS Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. IN WITNESS WHEREOF, COUNTY and CONTRACTOR 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 BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLOIDA By: Deputy Clerk By: Mayor Mario Di Gennaro Date: Date: Wi~S for CONTRACTOR: ~U- Signature ~Hd1Ji0 ec.t.u_ Si ture of person authorized to legally bind ~ration Date: S )::.5 .::J 1 sf 23/CJ1 ~ sf 2'3/07 Date / Gudelio Cabrera. Director/Manager Print Name Address: 50-D 11th Avenue Key West. FL 33040 Telephone Number: 305-294-4783 Agreement 14 MONROE COUNTY ATTORNEY AP~S 10 {f:fJ YNTHIA L. HALL ASSISTANT COUNTY ATTORNEY Oate (h ~c.:~ ,. o/- April 2007 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: June 20. 2007 Division: Public Works Bulk Item: Y es ~ No Department: Facilities Maintenance Staff Contact Person John W. King. ext 4431 AGENDA ITEM WORDING: Approval to (a) terminate a lease agreement with Francis J. Gonzon doing business as Salute for non-payment of rent and maintenance beginning in February 2007, and (b) issue Request for Proposal to fInd replacement tenant. ITEM BACKGROUND: Upon determination of rent non-payment for February, March, April and May 2007 on the lease, certifIed letters were sent on May 18 and 24,2007 requesting rent be brought up-to-date no later than 3 :00 p.m. on June 15, 2007 (copies attached). PREVIOUS RELEVANT BOCC ACTION: Monroe County originally the restaurant space at Higgs Beach to Conch Cruisers, Inc. in a lease dated August 12, 1998, as amended February 10, 1999; as amended July 21, 1999: as amended September 20,2000; as amended May 16,2001; as amended October 17, 2001; as amended July 17,2002; as renewed July 15,2003; as amended May 19,2004; as amended July 14, 2004; and as assigned to Francis J. Gonzon on April 20, 2005, and as amended August 16, 2006, with monthly rent currently being $6,913.92 representing payment of rent and maintenance fees. As of June 15,2007, the amount due from the tenant will be $34,568.88. CONTRACT/AGREEMENT CHANGES: Termination of lease agreement with Francis J. Gonzon for non-payment of rent and maintenance. ST AFF RECOMMENDATIONS: Approval as stated above. TOTAL COST: . BUDGETED: Yes No COST TO COUNTY: SOURCE OF FUNDS: REVENUE PRODUCING: Yes No AMOUNTPERMONTH_ Year APPROVED BY: County Atty _ OMB!Purchasing _ Risk Management _ DOCUMENTATION: Not Required_ Included X DISPOSITION: AGENDA ITEM # Revised 2/05 O~~.?f~~E (3ll5)~ BOARD OF COUNTY COMISSIONERS r"~ Mayor Mario Di Gamaro, District 4 Mayor Pro Tem Dixie M. Spehar. Disttic:t 1 Georp: Neugent. District 2 Charles <<SoIuIy" Mc:CoY. District 3 Sylvia J. Murphy. District S Public Worlcs Division Facilities MAwCD8J1Cle Department 3583 South Roosevelt Boulevard Key West. FL 33040 Pbooc: (305) 292-443 i Fax: (305) 295-3672 . May 18, 2007 CERTlFIF.D MAIL RETURN RECEIPT REOUESTED 7005 0390 0005 094b 2466 Mr. Francis J. Gonzon Salute, 1002 Fleming StreCt Key West, FL 33040 Dear Mr. Gonzon: .J Per the original lease agreement be~n Conch Cruisers, Inc. and Monroe County-dated August 12, 1998, as amended February 10, 1999; as amended July 21, 1999: as amended September 20,2000; as amended May 16,2001; as amended October 17,2001; as amended July 17,2002; as renewed July 15,2003; as amended May 19,2004; as amended July 14,2004; and as assigned to Francis J. Gonzon 00 April 20, 2005, and as amended August 16,2006, monthly rent of $6,913.92 representing.payment of rent and maintenance fees is due each month. ,1. Our records indicate rent bas not been paid since January 2007. '" Please submit payment of $27,655.68 to bring your account cunent through May 2007. If you have any questions please call me at 292-4431. Sincerely, C#fJ~ Jo B. Walters Contract Monitor Public Facilities Maintenance c: Suzanne Hutton Beth Leto John King - Public Works Division Facilities Maintenance Department 3583 South Roosevelt Boulevard Key West, FL 33040 Phone: (305)292-4431 Fax: (305) 295-3672 BOARD OF COUNTY COMISSIONERS (- ',-- Mayor Mario Di Gennaro, District 4 Mayor Pro Tern Dixie M, Spehar. District I George Neugent, District 2 Charles "Sonny" McCoy. District 3 Sylvia J. Murphy, District 5 O,~~~!2~~E (305) 294-4641 .' ~, ~'~#"'l ,,~, '. ,"- ~. -., i= ;, ~&~ ',-,~"" May 24, 2007 Via E-mail and via Certified Mail. Return Receipt Reauested 7005 0390 0005 0946 2075 Mr. Francis 1. Gonzon Salute 1002 Fleming Street Key West, FL 33040 Dear Mr. Gonzon: This is further to my May 18, 2007 letter whereby I indicated we had not received a rent payment since January 2007 per the original lease agreement between Conch Cruisers, Inc. and Monroe County dated August 12, 1998, as amended and renewed, and as assigned to Francis J. Gonzon on April 20, 2005, and also further to my telephone call with you yesterday. Please be advised that by no later than 3:00 p.m. 00 June 15, 2007 you must deliver to John King at the above address the back due rent and maintenance payments of $6,913.20 per month for February, March, April, and May 2007 ($27,655.68), as well as June 2007 rent in the amount of $6,913.20, for a total of $34,568.88 v.ith respect to this lease. Please be advised that if the funds are not paid in full by that time we will bring this matter to the attention of the BOCC at its June 2007 meeting. In accordance with your instructions, I am sending a copy of this letter to you via e-mail in addition to mailing it to 1002 Fleming Street, Key West FL 33040, which you have indicated is the address to which all notices must be sent regarding this lease. If you have any questions please call me at (305) 292-4431. Sincerely, ~\ , ~ Jo . Walters, Contract Monitor Public Facilities Maintenance c: Suzanne Hutton Cynthia Hall Beth Leto John King BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: June 20. 2007 Division: Public Works Bulk Item: Yes -X.. No Department: Facilities Maintenance Staff Contact Person John W. King. ext 4431 AGENDA ITEM WORDING: Approval to (a) terminate two lease agreements with Tropical Watersports. LLC (for watersports/sailboat and umbrella!beach chair rental, at Higgs Beach) for non- payment of rent and (b) issue Request for Proposal to find replacement tenant(s). ITEM BACKGROUND: Tropical Watersports. LLC has failed to pay the February-May 2007 rent. A certifIed letter was sent on May 24, 2007 requesting rent be brought up-to-date no later than 3:00 p.m. on June 15,2007 (copy attached). PREVIOUS RELEVANT BOCC ACTION: Monroe County originally leased the watersports/sailboat rental business to Tropical Sailboats. Inc. on January 14, 1998, The lease was renewed on April 16, 2003. Monroe County consented to assignment of the lease to Tropical Watersports, LLC on December 21, 2005. The monthly rent is $300.00 or 10% of gross proceeds, whichever is greater. Monroe County leased the beach chairs and umbrellas concession to Tropical Sailboats, Inc. on June 15, 2005. The lease was amended October 19,2005. Monroe County consented to assignment of the lease to Tropical Watersports, LLC on December 21,2005, The monthly rent is $305.00 or 10% of gross proceeds, whichever is greater. The tenant has failed to pay the rent beginning in February 2007 and has failed to bring the past due amount current despite numerous attempts. Both leases have a provision allowing termination for non-payment of rent. CONTRACT/AGREEMENT CHANGES: Termination of both lease agreements for non-payment of rent. STAFF RECOMMENDATIONS: Approval as stated above. TOTAL COST: BUDGETED: Yes No COST TO COUNTY: SOURCE OF FUNDS: REVENUE PRODUCING: Yes No AMOUNTPERMONTH_ Year APPROVED BY: County Atty _ OMB/Purchasing _ Risk Management_ DOCUMENTATION: Included X Not Required_ DISPosmON: AGENDA ITEM # Revised 2/05 Public Works Division Facilities Maintenance Department 3583 South Roosevelt Boulevard Key West, FL 33040 Phone: (305)292-4431 Fax: (305) 295-3672 BOARD OF COUNTY COMISSIONERS r'~ --- Mayor Mario Di Gennaro, District 4 Mayor Pro Tem Dixie M. Spehar, District I George Neugent, District 2 Charles "Sonny" McCoy, District 3 Sylvia J. Murphy, District 5 OUNTYOLMONROE KEY WEST ~ I~ORIOA 33040 ~) 294-.4641 iC~~" ~~; ~w.,,:.\..,.. May 24, 2007 Via e-mail and via Certified Mail Return Receipt ReQuested 7005 0390 0005 0946 2099 Mr. Francis J. Gonzon Tropical Watersports, LLC 1002 Fleming Street Key West, FL 33040 Dear Mr. Gonzon: Per the original lease agreement for watersportslsailboat rental business between Tropical Sailboats, Inc. and Monroe County dated January 14, 1998, as renewed April 16, 2003, and as assigned to Tropical Watersports, LLC on December 21,2005, monthly rent of $300.00 or 100/0 of gross proceeds, whichever is greater, is due on or before the 15th of each month. Our records indicate rent has not been paid under this lease since January 2007. There is now due and owing the rent for February through May 2007 in the amount of $1,200.00 or 10% of gross proceeds, whichever is greater. On June 15,2007, you will owe an additional $300.00 or 10% of gross proceeds. Please bring this full amount ($1,500.00 or 10% of gross proceeds for February through Juoe2007, whichever is greater) to John King at the above address by no later than 3:00 p.m. on June 15, 2007, to bring your account current. Please note that Monroe County reserves its right to terminate the lease in accordance with the terms of paragraph 5 of the lease dated January 14, 1998, in the event that the rent is not brought current by the deadline date expressed in this letter. Additionally, the original lease agreement of renting beach chairs and umbrellas between Tropical Sailboats, Inc. and Monroe County dated June 15,2005, as amended October 19,2005, and as assigned to Tropical Watersports, LLC on December 21, 2005, provides that monthly rent of $305.00 or 10% of gross proceeds, whichever is greater, is due on or before the 15th of each month. Our records indicate that there is now due and owing rent under this lease for February through May 2007 in the amount of $1,220.00 or 10% of gross proceeds, whichever is greater. On June IS, 2007, you will owe an additional $305.00 or 100/0 of gross proceeds, whichever is greater. Please bring this full amount ($1,525.00 or 10% of gross proceeds, wlaiebever is greater) to me by no later than 3:00 p.m. on June 15,2007, to bring your account current for this lease. Please note that Monroe County reserves its right to terminate this agreement in accordance with paragraph 10 of the lease dated June 15,2005, in the event the rent is not brought current by the deadline expressed above. Mr. Francis J. Gonzon Tropical Waters ports, LLC May 24, 2007 Page 2 To recap, the amount due and owing as of June 15,2007 under these two leases is: Sailboat lease: $1,500.00 or 10% of gross profits, whichever is greater Beach chairslumbreUa lease: $1.525.00 or 10% of gross profits. whichever is greater Total: $3,025.00 or 10% of gross profits. whichever is greater In accordance with your instructions, I am sending a copy of this letter to you via e-mail in addition to mailing it to 1002 Fleming Street, Key West FL 33040, which you have indicated is the address to which all notices must be sent per paragraph 7 of the sailboats lease and paragraph 30 of the beach chairs/umbrellas lease. If you have any questions please call me at 292-4431. o B. Walters, Contract Monitor Public Facilities Maintenance c: Suzanne Hutton Cynthia Hall Beth Leto John King BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: June 20, 2007 Division: Engineering Bulk Item: Y es ~ No Department: Engineering Staff Contact Person: Dave Koppel X4427 AGENDA ITEM WORDING: Request approval to authorize MBI K2M to proceed with the design of Boca Chica Road "Partial Restoration" for damage resulting from Hurricane Wilma. ITEM BACKGROUND: A portion of Boca Chica Road was damaged near the beach area during Hurricane Wilma. FEMA wrote a project worksheet to fund a preliminary engineering analysis and preparation of design documents. MBI K1M completed the preliminary analysis, which evaluated "no restoration" "partial restoration" and "full restoration" alternatives. PREVIOUS RELEVANT BOCC ACTION: none CONTRACT/AGREEMENT CHANGES: Approval to proceed with design phase under existing MBI K1M contract. STAFF RECOMMENDATIONS: Approval as noted above TOTAL COST: BUDGETED: Yes No COST TO COUNTY: 5% of eligible costs SOURCE OF FUNDS: FEMA - 95% 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 8/06 OK~~ErY ~o~~~~E (305) 294-4641 Engineering Division 1100 Simonton St., Room 2-215 Key West, Florida 33040 305-295-4329 Transmittal To: Dave Koppel From: Judy Clarke Date: June 4, 2007 June Agenda Item Re: Approval to Proceed with Design Phase Contract Boca Chica Road Restoration AGENDA ITEM WORDING: Request approval to authorize MBI K2M to proceed with the design of Boca Chica Road "Partial Restoration" for damage resulting from Hurricane Wilma. ITEM BACKGROUND: A portion of Boca Chica Road was damaged during Hurricane Wilma. FEMA wrote a project worksheet to fund a preliminary engineering analysis and development of design documents. MBI K2M completed the preliminary analysis and provided estimated construction costs for the following three options: No Restoration: no cost Partial Restoration: $538,800 Full Restoration: $749,100 This agenda item requests approval to proceed with the design phase for the partial restoration option. The cost of preparing design documents is included in the existing FEMA project worksheet (Eligible costs are 95% reimbursable for Hurricane Wilma). Upon completion of the design phase, the construction documents will be submitted to FEMA for approval and issuance of a project worksheet to fund the construction costs (95 %). PREVIOUS RELEV ANT BOCC ACTION: none. CONTRACT/AGREEMENT CHANGES: Approval to proceed with design phase under existing MBI K2M contract. STAFF RECOMMENDATIONS: Approval as stated above. FEDERAL EMERGENCY MANAGEMENT AGENCY O.M.B. No. 3067-0151 PROJECT WORKSHEET Expires April 30, 2001 PAPERWORK BURDEN DISCLOSURE NOTICE Public reporting burden for this form is estimated to average 30 minutes. The burden estimate includes the time for reviewing instructions, searching existing data sources, gathering and maintaining the needed data, and completing and submitting the forms. You are not required to respond to this collection of information unless a valid OMS CC?ntrol number is displaYed in the Upper right comer of the forms. Send comments regarding the accuracy of the burden estimate and any suggestions for reducing the burden to: Information Collections Management Federal Emergency Management Agency, 500 C Street, SW, Washington, DC 20472, Paperwork Reduction Project (3067-0151). NOTE: Do not send your completed form to this address. DECLARATION NO. tROJECT NO. FIPS NO. DATE CATEGORY F.EMA- 1609 FL MON-9-718 087-99087-00 03/08/2006 C DAMAGED FACILITY WORK COMPLETE AS OF: Roadway and Assoc. Features 03/0112006 : % ~PPLlCANT COUNTY Monroe County Monroe LOCATION LATITUDE lONGITUDE Boca Chica Rd. 24.56406 -81.67591 DAMAGE DESCRIPTION AND DIMENSIONS As a result of Hurrican Wilma, flooding and storm surge from across the adjacent Boca Chlca Beach inundated this tw<Hane, asphalt-paved section of Boca Chica Road (CR S941) causing extensive damage over approximately 1200 feet. Sand that was scoured from the beach, uprooted vegetation, unsecured timber Curbing, paving sections and other debris were all carried northward by surge water over the road. Sand was removed by the surge esulting in extensiVe loss of shoulder material, Undermining of the 3" thick pavement and destruction of several pavement sections ranging in size from 3<)' '""" , S' wide to 150' ro"" , 12' "de. Appm'''''l~, "40 . 0112' do_ ......... "'"' '" -.. 'Iong the ,,,,,,,-.,, os wet, os .Pt>m......', 450' of grouted stone used as slope protection were completely damaged. Damages have been broken into nine distinct areas of road damage. See Continuation Sheet for Description of Damages. SCOPE OF WORK ~onroe County applied for funding from the Federal Highway Administration (FHWA), believing that the damage was on a section designated as a Federal Aid Road (FAR). A Detailed Damage Inspection Report dated 11/15/05 was prepared by the FHWA. A more recent evaluation of eligibility indicates that the damaged section of oadway is eligible for FEMA funding, as the FAR section tenninates northeast of the damaged area at the Intersection with Boundaly Road. This section of road Iborders the coastline and is vulnerable to damage from stann surge. As such, it is recommended that a Preliminary Engineering Analysis/Design be conducted. to lassess means for reducing the potential for future damages. The Engineering Report shaD include at least three alternatives and cost estimates for consideration by he County. See Continuation Sheet for Scope of Work to restore the road to the pre..djsasler condition. Does the scope of work change the pre-disaster conditions at the site? N Special Considerations issues induded? y Hazard Mitigation ProPOsal induded? N Is there insurance cove~ge on this facility? N PROJECT COST ITEM CODE DESCRIPTION UNIT QUANTITY UNIT PRICE COST 9002 Work to be done 9003 Preliminary Engineerin'g Analysis/Design lS 1 35,909 35.909 9003 Geotechnical Borings FT 120 36 4,320 9003 Surveying lS 1 3,000 3.000 TOT At COST $43,229 PREPARED BY: Frank A. O'Connor TITLE: Project Officer Dave Owen r' . ~:...."t.~fJ~' tflv'r:t:..:z._ '3/Y /c6 Cliff Campbell, (State PAC) FEMA Form 90-91, SEP 98 REPLACES All PREVIOUS EDITIONS, BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: June 20. 2007 Division: Engineering Bulk Item: Yes -1L No 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 eight change orders considered and approved by the County Administrator for the period beginning May 1, 2007 and ending May 31, 2007, for a net credit of $342,567.17. 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. CONTRACTIAGREEMENTCHANGES: N/A STAFF RECOMMENDATIONS: N/A TOTAL COST: N/A BUDGETED: Yes N/ A No COST TO COUNTY: N/ A SOURCE OF FUNDS: N/A REVENUE PRODUCING: Yes No AMOUNTPERMONTH_ Year APPROVED BY: County Atty _ OMB/Purchasing _ Risk Management _ DOCUMENTATION: Included x Not Required_ DISPOsmON: AGENDA ITEM # Revised 11/06 MONROE COUNTY FACILITIES DEVELOPMENT MEMORANDUM TO: David Koppel County Engineer FROM: Ann Riger, Contracts Administrator Facilities Development DATE: June 4, 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 8 change orders considered and approved by the County Administrator totaling a net credit of $342,567.17. They are as follows: 1. Tavernier Fire Station - Change Order No. 3 for an increase of $17,594.21 to upgrade the flooring from vinyl to porcelain tile. Emergency Services Division will fund this change order. 2. Freemon Justice Center - Change Order No. 31 for an increase of $86,182.62 as follows: Delete Carrera marble toilet partitions and add new Venetian Gold Granit for a credit to the J(Jh Judicial Court in the amount of ($19,436. 32); Correction ofHVAC design to resolve conflicts, $31,199.65; Corrections to the HVAC ductwork caused electrical, fire sprinkler, plumbing, and framing and drywall items to be removed and replaced, $25,413.35; Additional fire dampers and duct insulation $15,594.94; ]4' - 0" wide overhead roll-up door at the sallyport funded by the Sheriff's Office, $9,969.75; Code-compliant ventilation for the elevator hoistway to the mechanical equipment room, $12,694.50; Testing services for on-site testing of installed windows for air infiltration and water resistance, $8,400.00; Conduit, wiring, accessories, and light fixture for the exit door and stair added as part of the security upgrade, $920.90; Remove and re-install fire sprinkler piping caused by the HVAC duct installations, $2,955.05; Delete archfan blinds from the type 'A' windows, ($1,529.20). 3. Sheriffs Office Roof Replacement - Change Order No. 1 for an increase of $12,600.00 for approximately 1,800 sf of5/8" sheathing to be applied to the existing structure. 4. Tavernier Fire Station - Change Order No.4 for an increase of $4,621.03 for the removal of grade beams that were discovered under the existingfloor. 5. N. Key Largo Fire Station #25 - Change Order No. ]4 for an increase of$1, 916. 25 for the front section of the fence to be lowered from 6' to 4' in height, and that the entire fence be vinyl coated rather than galvanized metal. Funded by the N Key Largo fire District. 6. Mu"ay E. Nelson Government &: Cultural Center - Change Order No.1 for a decrease of $451,487.51 for the value engineering of the bid design and sales tax savings. 7. Freeman Justice Center - Change Order No. 33 for an increase of $9,549.10 for the additional 16 fire dampers. Please note that Change Order No. 32(R) is for a 'to be determined' amount, for a credit for the removal of cast stone cladding and ElFS from The Tower Group's scope of work. This change order was not yet approved by The Tower Group. 8. Freeman Justice Center - Change Order No. 34 for a decrease of $23,542.87 to revise interior signage, and delete ornamental handrails on the rand r floor balconies. 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. ljyou have any questions please call me at ext. 4439. 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'-' - - .. ... ..,.. :::l~ 0 l"l l"l ... ..,.. ... ... u B c: ~~ 13 - 15 0 f ~ c: ~~~ ~ ~:e u :p GI GI GI ~ U uu e; GI ~~~ ~ ""ala ~ ~ ~ U tI: Zdl~ ~ tI: ~ ~Gla: 0 uii ~~ ~ ~ ,.., ~~ e> ir; ,.., ,.., i c: ~ - ~ c: c: R:l "&j & c: t: c: R:l R:l E .s:: ~ ~ f~ E E {!!. ~ IJ) {!!. 0 ~~ Z \9 ~ e Q. Q. <C * ...... " ... ,.; ~ lilt N ~ - * ~ MONROE COUNIY / ENGINEERING /FACILITIES DEVELOPMm't~~~:~e.'1: CONTRACf CHANGE ORDER MAY .~ 2007 PROJECT TITLE: Tavernier Fire Station CHANGE ORDER NO: 3!':E. TO CONTRACTOR: Overholt Construction Corporation 10460 SW 18th Terrace Miami, FL 33157 The Contract is changed as follows: >>::'CEi':f=D ';V INITIATION DATE: March 28, 2007 CONTRACT DATE: August 16, 2006 .. -,~. ''-~'--~~----- -~"'~---..~----------. The original (Contract Sum) (Guaranteed Maximum Price) ............... ......... ............ .... Net change by previously authorized Change Orders ................................................ The (Contract Sum) (Guaranteed Maximum Price) prior to this Change Order was... '" ... The (Contract Sum) (Guaranteed Maximum Price) will be (increased> (decreased) (unchanged) by this Change Order .................. $17,594.21 The new (Contract Sum) (Guaranteed Maximum Price) including this Change Order is ... $1,006,943.37 The Contract Time will be Oncreased} (decreased) (unchanaedl by ... ...... ............... ...... N/A The date of Substantial Completion as of the date of this Change Order is ............ ........ July 28,2007 $984,458.00 $4,891.16 $989,349.16 Detailed description of change order and justification: The EmerufHJCv SeMc_ Division wishes to uoorade th:::.~n:;':o': 119. 121. 124. 126. 126. 129. 130. and 131. from VCT IVvnvIJ to oorcelaln tile. C a ". 12" X 12" Porce'-111 nl. Credit for vcr Sub-total Overholt 6% Tota/- To be funded bv EmerufHJCv Setvlces This Chanae Order Is 1.79%fthe Malnal contract amount 1~1::::.:1 .:4:'H.~J 116.7;. =~2 117. 1 val . s' 0Wnel 1s(,lo7 ARCHITECT: CONTRACTOR: DIRECTOR, FACILITIES DEVELOPMENT: J Date .// ') .~.., 'J '-// /) Date COUNTY ENGINEER: Thomas Willi/Debbie Frederick-Deputy COUNTY ADMINISTRATOR Change Order Attachment per Ordinance No. 004-1999 · Change Order was not included in the original contract specifications. Yes C81 No 0 If Yes, explanation: The orIgllMl design included vinyl flooring. The Emergency S8IVices DMsIon Iocaed funds within their budget to upgrade the noorlng to porcelain tile in eight rooms. · Change Order was included in the original specifications. Yes 0 No C81 If Yes, explanation of increase in price: · Change Order exceeds $25,000 or 5% of contract price (whichever is greater). Yes 0 No C81 If Yes, explanation as to why it is not subject for a calling for bids: · Project architect approves the change order. Yes C81 No 0 If no, explanation of why: · Change Order Is correcting an error or omiSSion in design document. Yes DNa C81 Should a cfaim under the appJicable professional liability poHcy be made? Yes 0 No C81 Explain: Jerry Barnett. Director of Facilities Development Arthur "Wally" Romero, Assistant Fir~ Marshal f), Emergency SelVices Division P James Callahan, Acting Fire Chief/Direc~ #~ Emergency SelVices Division t/ Station 22 - Flooring Upgrade Approval to Utilize Funds OK~~1Y ~~~E (3051 <!9<I-4SoCl DIVISION of EMERGENCY SERVICES 490 6301 Street Marathon. FL 33050 PHONE: (305) 289.6088 FAX: (305) 289-6007 DATE: April 19.2007 TO: FROM: THRU: RE: (....~'-~ BOARD OF COUNTY COMMISSIONER!i Mayor Mario Di Gennaro, District 4 Mayor Pro Tern Dixie M. Spehar, Distnct 1 George Neugent, Distrtct 2 Charles "Sonny" McCoy, D/stJict 3 Sylvia J. Murphy, District 5 ."..~- MEMORANDUM - This memo is to inform you that we have located funds within our budget to be utilized toward an upgrade of the flooring for the Station 22 (Tavernier) project from VeT (VInyl) to porcelain tile. The cost of this change is $17,594.21 and funds have been Identified within the Emergency Services budgetforthis purpose, 141-11500-560620 Capital Outlay Buildings. I understand that all related invoices will be paid directly from the capital project account managed by your division, and that a Resolution will be prepared to follow transferring funds accordingly. cc: Kevin Wilson, Project Manager 811E6.81T CONSTRUCTroN CORPORATION COC lOIN 10410 SW 187th T....-.c. ....... Florida 33157 Phone: 305-~n Fax: 306-2J4..6536 CGC om~ ~ .. 50utIt FItri:JtI s.c. 1948 REQUEST FOR CHANGE ORDER "'" NUMBER Three (3) TO: J.,.,., 88meI DATE: Mald1 28. 2007 Monroe COIJtlly F8dIlies De; alopcne.lt 1100 &moI1Ion Street. Room 2.21e PROJECT: rawmtw Fire StIIIon m Key WllIt. Fl330040 OCC J0811: 06-1010 Oa'Tie 1r. 1r p~~ 111. Priot Group 21a ROCNN 111. 121, 124, 12!, 126,129,130,131 $21,481.61 'n lieu of OrigInally &p.c'ed veT Price includN l1Je a... CredIt for VCT In the abow mentioned rooms -$4,725.22 -- REMARKS: See attached back-up infonnatlon. COST OF THE INCREASE $16,156.39 CNemead 0 5.,., $837.82 TOTAl. COST OF THIS WORK $17,504.21 RESPECTFULLY 50_ I 1IaI, REVIEWED AND APPROVED BY, OVERHOl T CONSTRUCTION CORPORATION MONROE COUNTY BOARD OF COMMISSlQNERS Rodney Ovel'hoft, Project Manager DATE: DATE: . ~ ./ Gemini Tile Service Inc. 3770 N. W. 52nd Street Miami, FL 33142 305-637-6665 phone 305-637-6594 fax Name I Address Ovahok Coestnc1i.OI1 CoqxntiOD J0460 S.W. 187 Tmace Miani, FJ 33151 ,0/:.'- Estimate I YO:' J 7' j Project T .,.". - f MOIU'oe FiR .1 RCICDe ., 22 Tavemier Description Total Price is per floor plan, rmish schechlle and quaJifical:iou. - The foDowiaa is iDeJudId: - . . . .. ~ . . -- . . -- . r Add Ahemafelt; y Room 119 tile and baN 737.08 Room 121 fiJe aad b8sc J,596.43 Room 124 tile IDd base 2.220.22 Room 126 tile met bale 496.96 Room 129 lile IIId bate - J 04.17 Room 130 tile and base . . 5.543.24 Room 13 J TIle md bue JO,183.51 LRoom 125 tile IIId bate iDcJuded ill oripaJ lricI 000 ~ A) Shower w.ns or floor 1/ Il../N.~) ADA AM aJtmwes for ra:t:rooms, add/tion.1 floor md true Oldy, and ramp to shower floor, no walk 1 Room 120 Total . Page 1 . -~=~.08 OS 12:38p OplerCarpet 305 445 8798 p.2 rID FiLleR Ie""'--" Ff P e Tl 12110 S.W. 1,.... PI. / MIImI. Flarlda &117. (305) 445-8786/ Fa ~ ~ FLOOR'NG PROflflSAL ~ll!. ORDt~ f'ropouI SubrNiiiId . J 0... " .!F - J'- I' ~~.N'ADE. ~.!E ~ "eE~~ .7~~LAh#!.S ~, ~ SCrwt City. S,- nI City. ~ ConrIct fIIraPiiiiiiI -- ... _~Alane ) CuIIDrnW p.o. ,. NfW ctJSlOMER7 TYPE Of PAD NEEDED IS New TACK JT1IIIpPlhu NOuNIIDr YES Q NOC KINO OF FlOOR: \\tlClO 0 CONaIITE 0 ~ 0 0l1fER 0 MUST 0l.D CA"'ET . fItCXEO ur1 YES 0 NO 0 MUSTFUWmnI! II MQvEDf YES 0 NO Q FlOOR".,., \U 0 NO C lDESCRllE) FINISH Mf'TAU OTHER: fD) IE te IE nllE~ Ull/ NAY c.8 m; II!!) OVERHOLT Cor~STRUCTION ROOM MFIL MTTIIIN 73 SIZE .J. VDII. PRICEIYD. AMOuNT .J 41 =..:.-.,;. , ~ 'LOOIIIlla!PAMTION . ALWAYI AM !Xl1IA CIWIGE. FlOCMt ,.., WI.&.. CfWWO AT . CONDn'JONsOFWI: .....~-.........D........1WIftIMId "-...............~."'~wiItloul...---Ift.....oI~c:.r,...... ,.., in.... T'he~...,.....,........ ....01................... J I. Irll 01.,.......... JIftMdId _.. ...In. ......It "-Id ~ M( .h., ........ .... 01.... 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JJ J t irIIIItIIN . ......, fill...... ...... ... qMlIIty fill.... ....... ........ .... ...... CD __.. ~>>W - "..4iw ......... ..........01........ ,....... i SAlIS 0# HAADIUAFAClJILOCMlNG:OJ'6,.c..-....... Dt~ ~- V .. .lIII:lItir...",.....~CD........,.......,inIIIIIct~UI... ~ II dla 10 ....,.. or ..... in die .. fIDar. .-cl:IPTAHa; I,.... ,..,.....,..10 die JIllIlIIIIIIIt..,... 0UIINd -- includlno the ....~Ii. ,- ~ .. .. _ III _ CEWTlACAl'ICJIl ; '"* ,. to ~ .... "" __ ......... wort ... beIn aDII.,l'JIJ'.",,, .. rL c:u.-.r 0.. c-.. - MEMORANDUM TO: Board of County Commissioners From: Debbie Frederick Deputy County Administrator Date: May 4,2007 RE; Change Orders Attached is a proposed change order for the Tavernier Fire Station. (Change Order #3 for Overholt Construction Corporation is for $17,594.21 for and upgrade in the flooring in eight rooms from vinyl to porcelain tile.) 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 Monday, May 7, 2007. ~- 2L1 (\)--- . / '--7:C:::;:;:/---=~' /Li! (l"7,c:/ C, Debbie Frederick Deputy County Administrator DLF: ode Page 1 of 1 Campo-Abra From: Campo-Abra Sent: Friday, May 04, 2007 1 :28 PM To: County Commissioners and Aides Subject: Change Order Attachments: 00004697 _593.tif Please review the attached Change Order #3 for the Overholt Construction Corporation for the Tavernier Fire Station. Abra Campo Sr. Administrative Assistant OffICe of County Administrator 1100 Simonton St Suite 205 Key West. FL 33040 (305}292-4445 ;/4/2007 MONROE COUNI'Y / ENGINEERING /FACILITIES DEVELOPMENf CONfRACf CHANGE ORDER PROJECT TITLE: Freeman Justice Center Jackson Square Key West, FL CHANGE ORDER NO: 31 INITIATION DATE: Various TO CONTRACTOR: The Tower Grou~, Inc. 405 SW 148 Avenue Suite One Davie, FL 33325 CONTRACT DATE: June 16, 2004 COR #61,82,87,88,898,91,92,93,94,95 The Contract is changed as follows: The original (Contract Sum) (Guaranteed Maximum Price) ........................................ $13,804,000.00 Net change by previously authorized Change Orders... ...... ... ... ......... '" ... ... ... ......... ... $2,030,178.80 The (Contract Sum) (Guaranteed Maximum Price) prior to this Change Order was... ... ... $15,834,178.80 The (Contract Sum) (Guaranteed Maximum Price) will be (increaSed) (decreased) (unchanged) by this Change Order ................. $ 86,182.62 The new (Contract Sum) (Guaranteed Maximum Price) including this Change Order is ... $15,920,361.42 The Contract Time will be (increased) (decreased) (unchanaed) 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: See Attached. This chanae order Is .624% of the orialnal contract or/ce. Not valid until sianed by Owner. Construction Manaaer and Contractor ARCHITECT: N1A -bg; ~ The Tower Group Date SI' / c 7 Date CONTRACTOR: DIRECTOR, FACILITIES DEVELOPMENT: 6~-~ ~~77 COUNTY ENGINEER: Date ~-,3 ~ol) Date Jt~~6~ COUNTY ADMINISTRATOR COR #61 COR #82 COR #87 COR #88 COR #898 COR #91 COR #92 COR #93 COR #94 COR #95 CHANGE ORDER NO. 31 Delete Carrera Marble toilet partitions and add New Venetian Gold ($19,436.32) Granit. Add hardware for the Gold Granit and add 2' 2" and 3' 0" Wood louvered doors. Credit is applied to the 16th Judicial Court. M.E.P. Engineer corrected HVAC Design to resolve conflicts. $31,199.65 Two Additional VAVs, $2,240.00, OH & Profit, $224.00; Ductwork Changes from Elite Ductwork, Inc. $25,348.47, OH & Profit $1,267.42; The Tower Group 5%, $1,453.99; and sales taxes $665.77 Corrections to the HVAC Ductwork caused electric, fire sprinkler, $25,413.35 plumbing, and framing and drywall items to be removed and replaced on the first floor. VOl Contractors of Florida provided the time and materials for the framing and drywall, $24,203.19. The Tower Group 5% - $1,210.16. Additional fire dampers, $11,345.07 and duct insulation $2,800.00. $15,594.94 Weathertrol 5% $707.25 and The Tower Group 5% $742.62 Furnish and install a 14'-0- wide overhead roll-up door at the $9,969.75 Sallyport, in lieu of 10'-0- wide $1,995.00, and demolish the existing Column to widen the entrance $7,500.00. The Tower Group 5% $474.75 Sheriffs Office will fund this COR. Furnish and install code-compliant ventilation for the elevator hoistway $12,694.50 to the mechanical equipment room. Labor and Materials, $12,090.00; The Tower Group, $604.50. Testing services for on-site testing of installed windows for air infiltration, $8,400.00 And water resistance. Air Infiltration Tests, $4,000.00; Water Resistance Tests, $4,000.00. The Tower Group, $400.00. Furnish and install conduit, wiring, accessories, and light fixture for the $920.90 Exit door and stair added as part of the Security Upgrade. Labor and materials wltax, $$849.51; The Tower Group - $71.39. Remove and re-install fire sprinkler piping caused by the HVAC duct $2,955.05 installations on the first floor. Labor and Materials wltax, $2,815.53; The Tower Group, $139.52. Delete arch fan blinds from the type 'A' windows. $(1,529.20) Total Change Order #31 S86.182.62 The Tower Group, Inc. 405 SW 148 Avenue Suite One Davie, FL 33325 Phone: (954) 476-3200 Fax: (954)474-3111 CHANGE ORDER REQUEST No. 00061 TITLE: Change to Granite Toilet Partitions DA TE: 2/8/2007 JOB: 0417 CONTRACfIA.~~~~~EN) PROJECT: Freeman Justice Center (F JC) TO: Attn: Clark Briggs Monroe County Facilities Development 1 100 Simonton Street Key West, FL 33040 Phone: (305) 295-4306 Fax: (305) 295-4321 FEB 0 ~ 20J~' , ) flME: I (. RECEIVED BY," '--- RE:PCO To:TTa DESCRIPTION OF PROPOSAL New Interior Finish Drawing #10-7 details toilet and urinal partitions made from New Venetian Gold Granite in lieu of Carrera Marble as specified in the original Contract Drawings. This Change Order Request provides a credit for the deleted work to furnish and install the marble partitions, and an add for the material costs of the hardware and wood louvered doors needed to construct the modified partitions as shown on the attached drawings (2 pages). The costs for the granite Partition slabs and the work to install the new partitions is included in Contract Change Order #23. From: SSI Number: SSI002 The Tower Group proposes to incorporate these changes for a deduction in the Contract Price of$19,436.32. Due to the substantial lead time for the wood louvered doors, The Tower Group reserves our right to a Contract Time Extension should their delivery impact the critical path. Item 00001 Description Stock# Delete original scope to furnish and install marble toilet partitions (Re: Specialties Source CO #5722) Add Hardware for New Venetian Gold Granite toilet partitions (Gardner-Vail Quote) Add 2'-2" and 3'.0" Wood Louvered Doors for New Venetian Gold Granite toilet partitions (Manley de Boer Quote) Quantity Vnits 1000 LS Vnit Price ($27,314,76) Tax Rate Tax Amount Net Amount 000% $0,00 ($27,314,76) \,.../ 00002 1000 LS $4,55743 000% $000 $4,557.43 ,/ 00003 1000 LS $3,40200 0.00% $000 $3,402.00 Unit Cost: Unit Tax: Unit Total: Subtotal: ($19,355.33 ) $0.00 ($19,355.33) ($19,355.33) Description Sales Tax on Item #1 Sales Tax on Item #2 Sales Tax on Item #3 1 0% ~1ark-up on Item #2 10% Mark-up on Item #3 Markup Percent Markup Amount ($1,473.89) i./ $341.81 $255.15 $455.74 $340.20 Total Cost: ($19,436.32) : '-..., <::-<,-.. ,,"J ,Ojl. x~ I . I- Y it '-' J/ ~ f /1 J ~ I- ~ ~ i ~tr ~~~ -~Q[oC>l J. I ~~~t;I 'i' -j~s~ ~~ . .x4~~ !~~~ * ~ t=:- i ~ 1;( 3 ~'= .\5 Ij) e;L U r=- _.....-'--~"--___ F-C) "2 "~ 1 1 ,,':::',Z; ."',& '3 ~ ~~ ~ ! /. <:J-< \ I w~~ ~ t ~I-i ~::l c - I ~~~~~ / /~~~~ Ii -:2 ~ III - ~!f!1 / ~ ; (~ \.J I? -:2 , r , .~ ~ ~~ qjC>. &t:!; !I..,. ell - E ~ !l ~~ j~~~ ~$~ ~ 44. ~l~~ f Q I , I . I I L...J --'- - -"- L - -'- t-: r'f"--~- -...,- I I ~.. ~ (I '3J.or.o , .1'1" I II " 'Zflai~ .t .i7~ .+/,lI/? ."',1 I I I L; ~ cC'l ~ \,l\ " ~I i@ -, I' I C'\. : _ f Ii @II~.,I@ I.' "~I :1 . ,C'\ . . .' ..J I II ~'~ , ~ (. '====;<~ ~I . ~ 6 I' I' ~ II ~I !10 I - II I .1', I '~ I 'I --1-/, . Ii'"' , . I: ~.~ -,2 ...... I I' ~II L: ...J --i -- <:'l '; c;.. <:-l : j .:o<::! 1'"-1 . I .5:, _0:' I:" . ( 1S j . I ~. ~L.~ -11 L. I -= 1- 1 ,II I "2 , /; I J {i I .~ J ~ "2 ~ v\ \,r\ ..., "~i~ ..~j~ Q ~ -t- ; ~ c ~j ,,1>'/,11-,+ 'Z:j I ,,'thO-lift. .t nT/'C . t,~Z ~ ,... r- -' Il\ N cif~. jf ~==1 f - :, \ll r- r ~ ~ J I; I . , j M :z: ~W 8~ U~ f~ ~ '2 li:: ,,;, -.r' , 1 .~, .Ojl , I ~.- , I )(. ~ i ~ ti T' r I I i; I 1-1 t- ~ I ~ . * ,j ..-. i , ;:, (I ~rQ :: !if .0\0/,1 ~ I -;''2 .~ :St r('i 0,3, &:>7 ~~ Ql ~~ . cr ~g j~ <::J c<'\ ~ ~ ""2 4. ~ ,f , , f" -" ~,', ". I '" ~~-,/ / ~ -.-.-- '..l.l .~ hl" ,0 ..l ... (..' ~". -2 Cl & s- a.. l- I>! -l ti ~ . ~ J_0 fC'- <>l. '3 ~ ] ~ ~- i cl \l) ~_~ <:L tr ':2t~~t'l 1-,;, 0 ~~~~1 ~~~"%If) ~~ ~ ~~~f > r- 4 .... ~ \ -~ ~ ~ l ~ d_t G ..J ~ ~ f IJ It ~ .' . ~ _I .... , !~ "1 '3 ~::t :t ~ ~ ~~tr I v~.a~...._ ~ ~~~l -:s~ IS) ~\lSr!r:- 4 ... . d ~ :;:t. ~~1'2~ ~~ !~ ~~l ~il I I I. ~t=11 I 1 I ~ I ; I "2 cs: o <;> ..~ .. ) ~/'" .X ~ I :<tt ~ '/ l. 1;:' ~ ...J ~ ~ -:z -~~ c:. 1 <oJ 1 1 -ri hL """J =ct -t . II I' i ~ ~ ~ :g ..l ~ .( . :;- T~rr ~ ~ ' ~f::h , I I ;' ; I .-... , , ,i , I ,~ ~; ...J -< ~ 1 .:r ~ .4,1 ,,--,,' ~ ~ ~ '~ JI L\"'rll..l JI..J :lUUI'<Lt (f- AX) 9Sd 9175886 POOl/DOl Specialties Source Inc. 3047 NW 60th Street Ft Lauderdale, FL 33309 Change Order Phone # (eS4) Sll1.S6B4 Fax'# (9S4) 917.5886 Date CO# 1012012006 5722 SSLC02 Name I Address The iower Group, Inc. 405 S. W. 148th Avenue Davie, Florida 33325 Fax: (305) 296-2587 Project Name Attention: John Chandler Rep RF Freeman Justice Center DescrIption Total To Delete Marble iollet PIIr1ftIons from Georgia Marble Company. -24,564.76i To Delete the Insta1latlon for the Marble iollet PartItions: -2,750.00 Subtotal $-27,314.76 Sales Tax (6.0%) $-1,473.89 This quote Is valid fer 30 days. To aceept this Proposal please sIgn and Total $-28,788.65 return to us. SIgnature GARDNER-VAIL CO. b'";ii'if.TolIj 0" WHITE I'l ACK E'" ;;:0, IN C .':)yta:ntif~tnr~rs # Q!!:}}t\!.f _.r.ta.rdl+nre. Bra.ss Products a-nd ,-~uut~s 420 UVELV BOULEVARD .. ELK GROVE V/llAOE,ll.LINOtS 60007 . Tel 8471758-1740 . FAX 847/158-1741 0/~? -- .J o#d.' ("7/1fiNL1L k'R ;::; C-L. to ~ / A/ c;:.. AA!?~ /#.e- 5/7 ttJt-/ / ~~ ~Ct//~e:-A 2. ~~;-/ 'A/1~$' 0/- L/cf)~.€/t/f Lbf)/V'l). 49~Z;/~f /~ HI 39lJd IPLTSPLLP8T 5Z:I1 1~~7;T~/TQ toIhie. R4tcker 420 S. Lively Elk GrovQ Village, IL 60007 USA Quotat QUote NUl Quote J OCt 24, Quoted to: THI TOWE~ G!tOOp 405 SW 1 48TH AVl!: SUITE CliE DAVIE, I'L 33325 1 Custancr ID Good Thru Payment Tenns Sales Rep OOTOWE 1l/23/06 11 10, Nat 30 Oay" G13 39\;;1d Quamity Item Desaiption Unit Price Extension L 4" MA.RBLI ( HlN'S HS VI'I'Y PIVOT HINGE ABOV,i DOOR 114.95 459.; P SLI DE BOLT 29.95 119.1 i'ACIRS rOR GV7 6 1-1/4" OOOR TO 12.5 50.( /4" HARBLI 4.0 6 JU KE lOR 1N SWING DOOR 26.9 107.1 4.0 8 001( " BUMPER 21.70S 87.( 48.0 117 ~ BRASS ANGLE 4.85 232.f 24.0 117E P BRASs EXTENSION 'ANGLI 8.95 214.f 60.0 136 /4- 20 TOGGLE BEAn 0.34 20.~ 60.0 HSL /4-20 X 3.5" a~, STUD 0.64 38.< " 180.0 128 P Si'Am'IR NUT 1/4-20 0.5 lOS.~ 6.0 133B II i'!.AT PLA1'E (3.25" C-C) 9.85 ~9.] V135 PANNER WASHER CP 0.38 4.e USA /4"-20 x 7/8 BRASS S1Un 0.22 11.8 V143 PANNEA SCREW DRIVlR 15.14 30.2 138 /4" x 2. 5 ,. SS PINS 0.72 14,4 SubtlXal Sales Tax ;" , I ' \:( 1,SS7.0~ It>LISt>LLt>8I 6G : II J ClCl7: / T!=' ITCl Wh;i. t. P-acker 420 S. Lively Elk Grove Villaqel 1L 1$0007 USA Quotat Quote Nu Quote Oct 24, Quoted to. THE TOWER GROOP 405 SIll 148TH AVB SUITx <:WE DAvrE, Fl. 33325 CuStaner ID Good T1uu .Payment Terms Sales Rep OO'I'QkE 11/23/06 It 10, Nee '30 Days Quattity Item 69 V78 135 128 136 145L 145A 143 1338 138 Desaiption OR 3 4" MARBLE WCMEN'S R.OCHs VITY PIVO'I' HINGS ABOVE 0001\ PACBks EOR. GV76 1-1/4" DooR TO /4 n KAR.&LE TRIKE rOR lNSWING DOOR :f BRASS ANGLE P sLrre SOLT OOK " BUMPER. PAJfH5R WA&ER CP P SPANtfIR WT 1/4-20 /4-20 TOGGLI HEAD /4-20 x 3.5" BRASS STUD /4"-20 x 7/8 BRASS STUD :fANNER SCREW DRIVER. P FIAT PLAT! (3.25" C-C) /4" x 2.5" S8 PINS Unit ~ Extension 114 . 95 1,149. 12.5 125. 26.9 269. 4.85 582.' 251.95. 299. 21.75 217.: 0.38 13.1 0.5 169.: 0.34 24.' 0.64 46.( 0.22 23. ~ 15.14 30.~ 9.85 29 .~ 0.72 20.J E0 38l1d Subtota1 Sales Tax 31 000 . ~ 'I ,. \ C l\ \ ! t_.... IPL ISPLLP8I h?':TT }nn7/T~/Tn I~ II I .,1 .' .. ~ J ~. ~ ~I &i ij tJ t; 8 a ~ ~ ~ i ! !. o 0, ~ .~ ~ ~ .. ~ ij'gti ~_ ~ ~ ~ ~ Q :1~J)j ~ ~ i i 1 ~ ~ > :> -l ~~ ~= ii /?)'>. ! K. .Ii ~ ~ ~ "U ~ .. ~i f-w .f ~I~ -g/ ~ 81 -Sil ~I 9 ~ g ~ ~I I J 9 & <.J "^ 'c. <,J.J e... 5J" '01 '8 ~ ~ I\l ::l ). . " l', ,/ .' j f- rI > z ~ a. ~ o () CI IJJ m ~ :J .J I I::~ 'I! i I ~~. I J~i r'r Llj I ; , ,^L..'-""'"'T...."'''''' '......11 vu I .. ~! ~ s ~ ~i! i I:: 'I .. ~ "I. ~ ~ Hi I .. .. l;: I f.~ ~ ~ ,I ~; 1 ~ I H n '1 I.. '5 ei <<J -8'" ~~;, if J ~ ~ ~ t ~ ~ ji f ~ It 1 ~ tl ji~ ~ ~ f ("' J!ll:t~ ~ I HI !; t t ~ i~ ~ ~ 11 l SI ~ ... ~ f li~ ~ ~ ~ ~ 11 J~ ' ~ f -I~ g ~ ~U J If i i 1 ~j t! .. ~a,~ ~ ~ !f~~ s OCl ~ ~ .~ 1 ~ ~ o ~ ~ i i~ ~ ~ ~ i 8 ~ij ~ ~ ~ ~~~.....::) r I ~ ... ~~> 'W' .... ti::r."" Q2 Cl _-::s. c. ~~ ~u~g I ~.. ~I~~~ I t? c.,,~. I I ~ ~ ls l~ g il . i l:l~. ~ ! ~ ~ ~ I ...It:, !::jl :!:o .~~-: !~~~; ; i l~~ ~ - Ir"'~ .., ~ 01 ,,:,-.l ':i i!:... ~~~~it~~~<...: ~-.;i1~._~..~ 'Ii'~~-~~ 2i~i~~1~8 ~ - li~~~ ..., ~ ~~-~ r--e rn~ :f" O\~ :A:g ~t"I -~ ~ ... " II r;...~ g~ ::f\e "tCT ~~ eAVI ~~ it:it ., ., a a = = -=-= c:..c:.. t"I ~ t"I ~ =~ 6~ ~ " .J .8 r;...c:.. . t:J: 'Be: ~i >, c CJ > ~..!:: ~ ::: t::3 lo- ti; .!! r:~ ~ :; .:!] C'\..... ~~ - ... "'''1.1 rlf'\~"_~!_ArJJ ' ~ c ,.,~C\ ~,~, U ,.. IfU I" r .1'\ f Jctrl 40 UI IU."f-JC::t Irlbl IUWblf \.;llUUP ,jUo-L~t>-L::JO f p.1 #~,,~ .CfJ I'TOWER GROUP The Tower Group, Inc. 405 SW 1480. Avenue, Suite One DavIe, Florida 33325 Phone: 9541J~OUMY Fax: 954-4~ti.~fDMlOPMENT Fax Memo To: TIM" JAN((?lIUl ~ "':<ECE~O BY:. ~ ~';;1' _ Monroe County Facllitles-=velopment Attn: Clark Briggs From: John Chandler Tel/Fax: (954) 476-3200/ (954) 474-3111 Re: Freeman Justice Center {FJC) 0417 - 02557 cc: TTGIMO (COR-82), FF (COR-82) Fax: (305) 295-4321 Pages: 1 Phone: (305) 295-4306 Date: January 26,2007 Subiect: COR #82 - HV AC Chanaes bv MEP Enllineer's Site Visits o U1"gent o For Review 0 Please Comment 0 Please Reply o Please Recycle . Comments: Dear Clark: Please tind at1ached Change Order Request #82, addressing the costs for the additional HV AC changes needed to resolve conflicts. These changes were in addition to the HV AC Design Corrections addressed by Contract Cbange Order #25, and are based on the October 9, 2006 and November 30, 2006 site visits by the MEP Engineer. Please process. a Change Order in the amount of $31,281.1] for this Extra Work. Sincerely, ~~'~Oject~allager Jan LO U/IU:4"a I ne lower \.;iroup jUb-L~b-Lbl:S I p.L The Tower Group, Inc. 405 Sv.: 148 Avenue Su~te One Davie, FL 33325 CHANGE ORDER REQUEST No. 00082 Phone: (954) 476-3200 Fax: (954) 474-3111 TITLE: MEP Eng'[' Si1e Visit Changes DATE: 1/26/2007 JOB: 0417 COr\TRACT NO: ~~ , ~o~ PROJECT: Freeman JustIce Center (FJe) ~ ,j, ~~.<' . ~ ~~ \1t <~(\~ TO: Attn: Clark Bnggs <<b~~,. I \'J -c') <'o~~ Monroe County Facilities Develo~~ / 0 ~ ~ 1100 Simonton Street '-/ v? Key West, FL 33040 Phone: (305) 295-4306 Fax: (305) 295-432 i RE: PCO To: TTG DESCRIPTION OF PROPOSAL From: \VEA THER T Number: WTO 13 Following issue of the marked up drawings showing the corrected HV AC Design, the MEP Engineer made two site visits to resolve conflicts: October 9,2006 fOT (he 2nd Floor and November 30, 2006 for the 1st Floor. Change Order Request (COR) #82 addresses the additional cost to implement these changes. Please process a Change Order in the amount of$31 ,281.11 for this additional Work. Item Description Stock# Quantity Units Unit Price Tax Rate Tax Amount Net Amount 1000] Add VAV-40& VAV-41 2.000 EA SI,120,(}() 0.00% $0.00 52,240.00 r '. 10002 10% Subcontract O/H & Prolit I. 000 LS 5124.00 O./J""o SO.OO $224.00' ; on Item 00001 -r':",,?L;'! /,.,;P ) ,~/ :' ,0003 Elite Ducl....,orl; Chang~s 1.000 LS 525,884.00 0.00"10 SO.OO stS,!34.00 0004 5% SubcontrlCtor ?ralit 011 1.:)00 LS SI,294.20 0.0""0 SO.OO ! ~S}~4pr", Item 00003 ." Cf ' < _/ _.,iL- :; .., -r Unit Cost: Unit Tax: rnit Total: Subtotal: $29,642.20 SO.OO $22,642.20 $~~,~42,20 Description Sales Tax Profit .:;, r/ Markup Percent MarkUp Amount' $156.80 $1,482.11 5.000% Total Cost: S31,281.11 Jan LO U ( 1 U:4;ja I ne lower l:iroup jUo-L~O-L::>b ( PfoJect: Freeman Justice Center Equipment CHANGE ORDER REQUE$T SUMMARY COR #: 04-790.0022 ! 1)'pe I Additional VAV'$ 40 & 41 (Actu!lIora by ESSI) . . Subcontracts [ Quantity 2 Cost S1.120.00 Tn $156.eO , Total $2,39UO i2,:;95.8O .I ,~ """ Total J $25,SI4.oo ISUbcontra1:10r 5 IIll!lOuclwo rtl, lnc. -.-- Caccrlptlon PCO 1M Su~iOLaJ Subtotal Total Cost Profit + t;ryo 4H Subcontract Markup Subcontract / / sl. ,y '-' -/ 5 ./. Total $25,884.00 $2,396.80 2-~0t> $119,84 .,I :7 (~ SaSi8i4.00 11,294.20 ./ / (,;) "21,7t!f1-oo' ~n.rrl1.H p.j ;; 1-;;; ~~ r~ .",-1 , I '> - Lj Y r.'" :- .. JeHl LO ur IU,Lf0l:l I n~ lower l:lroup .jUb-L~th~o61 p.4 ELITE OUCTWORK INC Qoa/oo:! ~ €I- inc. XU~e DuetwQrk InD. 8421 NWl!I~1 ii~m:r/l4~11l4 HUI'il.ht '31~ J)R. (3D5) 499.~151 Pu (305) 499-9152 CSC#11 IOZ5lJ CHANGB ORDBR REQUEST To: Weath.,trDl "~Go' ft'm 4tJa Avenu. At-tOI H'Dtft J. Rub DAteorp~pafu: la/18JaOOI Proposal Request Number: POa M Project Name: heeman J.e. ".'C1rlptloa of Ohanco Order a.QIl8.t.: Ado u per Sllbp Dr..Lng. dated 8/23/20011 Material &. Equlpment Subtotal . 7,271.00 SalnTu:@7'K . 109.(tO ' I !.abor Subtotlll . 16,1171.00 . a.J6SJ.,OO ~L C1\Msc Ord.u Subl.o\:a1 Cost" I~;'''' i ) !) " j ProlIt @; ~% . 1,03.00 ~. I ()/ TOT& PRlC1l or eHANQE ORDB1\ -. 25,.s84.00 i'H!S p~Or08AL LI rnu.a FOR ACCiPTANCS Wt'I'NlN 30 DArB. WE CANNOT PROC~EO WITH TK! WOlU<: eoVXR&O BY THE I'ROPOS~ CHANOB mmL 'WI AU &0 DlUC'rEZ) IN WRrrmG APFROVI/..,(; COSTS, OR UNTIl.. WE R&CEMt YOUR WRrr1"ItN CHANOI AvrnO~A1l0N. WHICH MUST 91 WlTHIN THB ABOVE 1'1'Am UMtr TO AVOIO ADDll'IOIfAL COSTS: ACctPTED BV: DATE CtJ'S'TOMEiR ~RUsmATI\IB Page 1 of 2 Jan La Uf W:4.j8 I ne lower liroup JUb-:L!::Jo-:Lbtll p.b ~IOO2l003 54898152 ELITE DUC1rOAK INC . PA02 \. ProPlllalll PCO 84 :Jilt!: 12/ a,~oOfll Project Ns.me! Freeman J.e. cOaT SR&\KZlOWN 18 AI FOLLOWS: ",,,t. !.o\SQ R. i07...1. 10TA!. T01'Al. GI\TY, nZSCRIPTlON L'rf:T 1JNIT MATSRW. v.BO R L.Al:!C ~ COSo'S COi'l'! com Ml\NiiOURS co 9'~9 SM-02A ADD MO 1 Uu. Shtel N'ettJ CuctvtlrM .t , 1.7tj . 4.41) , 9,o3.$2,1S :112 t l4,!llaoll,40 . - "'odin.: ~)2"'X2 0:11112)(1 OIl Ill6 . J ~'U.tlO . VI.CQ I 3,a.i:l..Ot' 1!8 . 1,446,00 1 ";[51 l2Xl ~;III11X1; n iJ axl; 11211 ax! D;tJ~IlXl";(4J5OX14;l8l 4IX10;1 U1"Xla~(1115)(lOif2141 ~il212(1)CI0 I'D ,ire DI,Il:ID~~ ~ I I '. IIN I.k ""'MItaJ O\teI-.ork n.n Ii 4.10 . to.DIM.IIt! 2R . Ilt',5! L2C I / il-" ';; : ! " I Dl;ktc:lll4tX ~+.l"tr.Ul"Ulluq . IUft . .a,oo . lell \.001 aG . 1I,92D.OOj < 11/ XJO;lll4OXl.f;tllIXl PD nw .. . nr " Tit ~.. Sh.tct MfIal ~k . 2.". . 4.60 . 2,D~4.DO 67 . 3.231.4lJ ~l2XIO:'211aJtl~llllX . IJ9UlO . ".00 . m.DO <14 I 4,214,00 .I ~ lOXI0:1IIIBXHlJ(~:ll) 36Xllflf2~,",,12;mslJll2 I'D [JltN D~.. SIf~Q3A 0JUD1'l' Jr;, ~ U.,1RI.1It MIlIJ OUlltWWlr 1!:lI.7S . ..40 . 11 ":II:ul '" . 1lI,3U.2OJ ' , f".;- DUtr.UIr!MIJrfifl IXli( 1l14X . V7J,l)O . 91,00 . (172.01)) . * me.lID' 1;II)lXI I'D "'. I I ;1hM Dt....u... Rtit.~ . tOO.Op . H.110 .. lOO.OIt III . . 1,$3&,00 I r;) ....,"" aDd. OIord1nlotlln I I r I r -.- "~'I,OO . IG,870.~O . > f, j. F'etge 1 or 1 The Tower Group, Inc. -W5 SW 148 Avenue Suite On,> Davie, fL 33325 ~ CHANGE ORDER REQUEST No. 00087 Phone: (954) 476-3200 Fax: (954)474-3111 TITLE: 1 st Floor Dry\\"all & Framing Rework DATE: 3/8/2007 PROJECT: Freeman Justice Center (FJC) JOB: 0417 y\y TO: Attn: Clark Briggs \lonroe County Facilities Deyelopment 1100 Simonton Street Key West, FL 33040 Phone: (305) 295-4306 Fax: (305) 295-4321 CONTR.\CT NO: RE: r:4 M :ll~ To: TT b- DESCRIPTION OF PROPOSAL fhe corrections for the HV AC Ductwork Design Errors were not issued until after the rough electric work, the rough fire sprinkler Nork, the rough plumbing work, and the metal stud framing and drywall work had begun on the first floor. As a result, many of the ~Iectric, fire sprinkler, plumbing, and framing and drywall items needed to be removed and replaced in order to facilitate subsequent nstallation of the HV AC ductiwork. Change Order Request (COR) #87 addresses the costs for the framing and drywall portion of this tdditional work. From: VD-r- Number: -h-h. 2.k j 20:57 >lease process a Change Order to increase the Contract Price $25,413.35 for the this additional work. The Tower Group reserves our 'ight to compensation for a Contract Time Extension should we determine that this change affected the critical path for completing the lroject. tern 000\ Description Stock# VDI Time & Material costs for framing and drywall rework to accommodate the I sl Floor HV AC Duct Design Modifications. Quantity Units 1.000 Unit Price $24,20319 Tax Rate Tax Amount Net Amount 0,00% $0_00 $24.203.\9 t;7" P~of;t -f. I '21&', ib I Unit Cost: Unit Tax: Total: $24,203. I 9 $0.00 $25,413.35 laverl ~ :!b 26 07 10: 51a David A. Le~va (3051545-5731 p.c '~CONTRACTORS OF FLORIDA Office (954) 382-6032 Fax (954) 382-9142 Email -vdidw0517@aol.com February 26, 2007 t~ John Chandler The To"\vee Group, fnc. Re: Freeman Justice Center Hourly Invoice - Time & Material Below is the total of the rime and material invoices accumulated from 1/18/07 - 2/13/07 for various framing changes/repairs made throughout the building in order to accommodate mechanical issues. The invoice includes time and material. Please note the attached daily reports signed by your company foe specifics as to what was done. 1) 1/18/07 - 2 men, 18htll. x $40.00/hc. 2) 1/19/07 - 2 men. 16hes. x $4().OO/hr. .I $720.00...// $640.00 / $640.00 3) 1/20/07 - 2 men. 16 hrs. x $40.oo/hr. - 4) 1/22/07 - 3 men. 24 hrs. x $40.oo/hr. 5) 1/23/07 - 3 men, 30 hrs. x $4O.oo/hr. 6) 1/24/07 - 3 men. 30 hrs. x $40,OO/br. 5960.00 /' $1,200.00 / $1,200.00 $1.200.00 $1,200.00 ' , / $1,200.00 7) 1/25/07 - 3 men. 30 hn. x $40.oo/hr, 8) 1/26/07 - 3 men, 30 hes. x $4O.oo/br. 9) 1/27/07 - 3 men. 30 hts. x $40.00/br. 10) 1/30107 - 4 men, 32 hrs. x $4O.00/hr. 11) 1/31/07 - 4 men, 40 hrs. x $40.oo/hr. 12) 2/1/07 - 4 men, 40 hrs. x $40.oo/lu:. $1,280.00 $1,600.00 $1,600.00 13) 2/13/07 - 1 man, 10 hrs. x $40.00/hr. $400.00 14) :\Iatcrials - metal studs, tt'Jck & d.rywall 15) Shots & has - For Fast Track Gun :-hiler 16) 10% Overhe:ld Profit $6,228.65 $1,934.25 $2,200.29 Total: $24.203.19 "Very Detennined Individuals'" ~b 26 07 10: 52a Uavld H. Le~va l..::lU::lJ::l-t::l-::l/..::ll p..:! V.D.I DRYWALL INC. flY TO: 1;.,.. r~ r:k L DATE: 1~4f?A? ~t? W~/ j?/C? j't.r ( r. /'YY1()-/7 b"'.( -1(' c.. ~~I") 70/ su HCONTRACTOR~ PROYECT NAME: DESCRIPTION OF WORK PERFORME'O TODA Y: fl-<#,oJr AT .4.cY }Y.....,-'/ wv"..A' PROBLEMS JlliLA YS: REM.A.RKs: (uccidenrs,items of Co.acem.elc.). NUMBER OF EMPLOVEES ON JOB: UOURS WORKED~1A.M. ~~ V.D.1. SuO isor z. TO 4-P'~--H~ SigDluDre of sup.:rinteud.enr Z;Z/IH 39tfd Nr..:l..:lI~ m lp8999t1~9E l~=E9 lGOl/tll/l9 eb 26 07 lO:52a David A. Le~va [3U5J ~4~-~'/;jl V.D.I DRYWAlL IN.C. TO: DA TE: th.t?./6-? SUBCON1'RACIOR: PROYlCf NAM~: DJ:SCllIPTlON OJ' WOnK PERFORME"O TODA)[: 11.(' tfc- ,'r A..'" ,4 -e . DG""~, ~/A PROBLEMS /I).LA. YS: REMARKS: (accideots.items of concern,etc.).. NUMBER OF EMPLOYEES ON JOB: 1.- HOURS WORKED: t:?' A.M. TO A P.M ~ SigoatlU"e of superinteDd~Qt ~Z-- V.D.I, Supervisor' U/I r 39\1d Nr.:l.:H~ I-lJ l~8999t1~eE l~:E9 Le9Z/~1/l9 p."t J\r ~b 26 07 1 U: ~ca Uavid H. Le~va l::JU~J~"l-~-~/..:ll V..D.IDRYWALL INC. TO: -1/"",,, Clo.....kt... St.rBCONTRAC"rOR: PROYE.CT NAME: ()A'l'I!:: /~O ~7 ~~,er fl4'""t? rY;C? Jf!;.~ t' J-?7~ /1 "'S Pre, P~I U OESClUPTION 01' WORK :PERFORMED TODAY: ~(~,/- /'f-t 4,e, i:)C/t: 7' ~C:;)/q V PROBLEMSIDELA vs: REMARKs; (ucddc:nts.itcms of Co.ncem,dC.). NUMBER OF EMPLOYEES ON JOB: 2- HOURS WORKED: f7 A.~ T01-P'M~ Si&Dllture uf::luperintelldeut ~?_,,- V.D.1. Supervisor (;(;/(;[ ~d NI.::f.::fI~ HI LI'8999&7~ee C;g:e9 199Z/uI/l9 p.::> PuI !O <:::0 '.)1 .1U;-=>Cd UdV.1U n. L~::1Vd l.:1UOJ 0"1'0-0 1.:1J. p.t> V.D.I DRYWALL INC.. ,\ \y TO: ' -1f."""t. 1/Zz,4z I I ~~~ SUBCONTRAct'Ok: PltOYECT NAME: DATE: -r~.,...~ 7/'0 v:/ ~<'~ ~ /-:s t.ee -, (/ DESCRIPTION OF WORK PERFORMED TODAY: , , ~.~.1'- ~ /'I'.. ("': Av- r 7 ~-."J( PROBLEMs IDELA YS: REMARKS: (accide.ols.items of concem,etc.). NUMBER OF EMPLOVEES ON JOB: 1 HOURS WORKED:1A.M. TO -!:L. P.M -..J.L1 ~, .J~A. V.D.I, Supervisol' Signature of superintendent lZ/e:r ~d NI.:I.::IIW f-<<l It:>89991>S9€ ls:ee L99llt:>I/l9 eb 26 U'I lU: ~:.:la DaVId H. Le~va l:.:lU~J ~~~-~'/;jl p. 'I V.D.I DRYWALL INC. f ~J TO: y~ DATE: 0- ~ ~7 SUBCONTRACTOR: PROYECT NAME: ~~e""" ~,..cv/ .. /f'& ~ f-s?t'ec, e"e-:-.7"':;v- V l)ESC'lUPTION OF' WO'RK P'ERJl'ORMED TOl>A Y: /.,,~,.,... A ~ /1.('.. h-~7'" ~~k l'RoisLEMS IDELA, vs; . REMARKs: (accidea~items of concem.etc.). NUMBER OF EMPLOYEES ON JOB: 1 HOVRS WORKED: 7 A.M. TO S'" P." ~-=:'~? V.D."~ Supervisor ~L/( SieDatore of superintea:adept (;1:/"r 3~d NI.:UI~ m Ltl8999t1S9€ lS:E9 L99l/~t/1:9 eo Co U/ lU:O.:1a UaV1C H. Le~Va l;:lUOJ o.q.O-O"/:.:Jl p.t::! V.D.I DRYWALL INC. r.w TO: 7)~ DATE: 1/i~~7 SUBCONTRACTOR; PROYl:cr NAME: -r c..... V <r;7/"o c.;/ ~~6 ~ /"'~ ~e"'e ~c.n ."..,~ V DESCR1PTION Olr WORK PERFORMED roDA Y: AY~k" A7" A'r? h~c' Iv..rrK PROBLEMS IDELA YS: REMARKs: (acc:idents,itcms of concan.ac.). NUMBER OF EMPLOYEES ON JOB: S HOVRS WORKED. 7' A.M. TO 5' P.M ~~-7 V.D.f. SlIP-rvr f(J.~j SigDlItore of superhlteudeur ~z;/;r 39l:td NI.:J.::Ile19 ~ LP899<317~9E l~:Ee L9Bll171/ZG eo Cb 'oJ' J.U;;::J..:Jd LJClVJ.O n. Le::::!va l.:1U::lJ::l't::l-::l/.:1J. p.::::! V.D.I DRYWALL INC. V'\V TO: 7'~ IJA l'E: I./'Z.S- ~ 7 SUBCONTRACTOR: --rc LV?--, ~/4// ~<e ~ /1V's--t<("~ ~~P...... '-'" PROYECT NAME: -----. DESCRIPTION OF WORK PERFORMED TODAY; ve< ~#Y A 7' ~ t<! ~~ ~ ~A'" PROBLEMS /DELAYS: a.E1'tf.ARKs: (:u::cidents.itans of concem,etc.). NUMBER OF EMPLOYE~S ON JOn: 1 HOURS WORKED:2A.M. 1'0 .s: P,M -f-(}. ~:;:.;?- - SI&D..~p.r~"'d'" Z;Z; 1'3 t 39t1d NI~I~ HI l~a999l>!i9E Z;!i=E9 Le9Z/~t/~ eb co U"/ 1 U: ::l.,ja uavICl H. Le~va l::1U~J ~4~-~"/::11 p.IU V.D.I DRYWALL INC. ,~\' TO: 7;"", DATE: 0~~ SUBCONTRACTOR: PROYECT NAME: ~ k-t:,. fi""/tt> y ./:<", ~ }e-J....~~t' c.,;" ......_ V DESCR.IPTION OF WORK PERFORMED TODAY: /?c.~,y ..4~.4..e .D-r~ ~__u.#(' PROBLEMS IDEl..A YS: REMARKS: (aceidcQts.iteJJ2S 01 cQQCem.elc.). NUMBER OF EMPLOYEES ON JOB: .! HOVRS WORKED..Z A.M. TO 5" P.M v~~~ V.n.l, Supervisor..... /(!~ A Signature u( lluperiAleDdent ,-ZIL! 3~d Nr.:l.:lI~ I..:I H8999t>~e€ l~:€9 Le9l/~rll9 ern t::b UI .1u:::::I.:Ia uaV1C M. LE!::fVa l.:lU::::IJ::::I"t::::l-::::I/.:I.1 p. .1.1 V.D.I DRYWALL INC. f~ TO: 1; "''-'t ))ATE: r2~7 SUBCON1"RACTOR: ~ e.c,. --,. pre:;) vAP fi~( ~ 1:~Vt't. ~~~ v I'ROYECT NAME: DESCRIPTION OF WORK ~l:)U'()RMED TODA V: ,p1~ ~/~ A-t',4. t'!. , h~'T ~r/ PROBLEMS IDELA YS: REMARkS: (accidents, items of conccm,dc.). NUMBER OF EMPLOYEES ON JOB: :I UOURS WORJ(ED:2 A.M. TO 5"' P.M ~~ Y.D.I, Sltpervisor fs~_~ Siguature or auperiateudeot Gll8I 3'2ft1d NI.d.:::IId:> ~ Lt189991:>~9e: l~:EB L9BZ/t1I/l9 ~~u co u ( .Lv. v,a .uav.LU n. L-e~Vd l';)U~J~"t~-~/~.L r-'. i c:. V.D.I DRYWALL INC. ,\y TO: -j;........... DATE~ no 47 SUBCONTRACTOR: PROYEcr NAME: -r-c?~ ~ JP.,t!'~ :::'/00/ ~.... -, ;- c-s-"...... i/ ~~- DESCRIPTION OJ' WORK PERFORMED 'tODAY: "~(j'(,f'/r ~-{ /'It-:: b--c-;> ~~ PROBLEMs /DELAYS; REMARKS: (accidenrs.items of COIICCm,c:lc.). NUMBER 91" EMPLOYEES ON JOB~ q HOVRS WORKED:.ls'?.,A.M. TO L P.M ~~ V.D.I, SUpen.i$OI' 2:l/6 r ~d Nr.:l.:HCB HI L.f;Je9'39tr~9E lS;€O L09l1l1tll9 eo oC:b UI J.U;~"'l'd UClVJ.O n. Ll:!::!va l.:jU:::lJ:::l"'l':::l-:::l/..:lJ. r-'. .L.:J V .D.I DRYWALL INC. hI' TO: -P'Wt DATE: 1~~7 ~<ao--e- ::p/~r r;..tl'~ ~ ~ C-SP44 ~.,;;.. r~ (/ SUBCONTRACTOR: PRO\'ECT NA)fE: DESCRIPTION OJi' WORK :PEJU'OIlMEJ) rollAY: ./C~t}- ,4 -I ~..e lL-c: r- A.,,0'fr'""l" PROBLEMs IDELA YS: JitEMAJtKS: (~.itans of conc:an,ett.). =- NUMBER OF EMPLOYUS ON JOB: 4 HOVRS WORJcED:-Z A.M. TO ~ P.M ~ - Sfpaturc of uperilltc dealt lll9Z 39t1d Nld~Ii!:l9 HI It>8999P~9e: l~:e:9 199Z/pl/Z9 -~u co u, .LU......J-,.d uaVIC H. Le~Va l ;jU~ J ~4~ - ~'I;j 1 p.14 V.D.I DRYWALL INC. r ~~ SUBCONl'){AcrQJl DAn. Y WO~ RD"O.lI:1' TO: ~~ ' DATE:. ~~J47 Sl1IlCONTRACl'OR: PROY ECT NAME:_ 7;,~.~ :7 ".~...y? ~~e ~ ;<:..-fJ:..QU ~..?L. V DESCRIPTION OP WORk ~RMl:D TODA. Y: d~ AJ'YL;,.- ~ -r ~.~,,' b-=-~r l-v'c:.PJ"'-< --' "V ~ ' ~ PROBUMs IDE LAYS: RDi.uucs: (accjdeut5.items of coocc:m.c:tc.). :--. NUMBER OF 2MPLO'YEES ON JOB: C; 1I0URS WORKED;-2. A..M. TO s.. P.M -~--~ V.D.1. Su 'r ftjf~ Sip.tare ofsuper~deat a.1 rz; 39l;;1d Nr.:i.:il~ t-<<I LtJ8999"!iB€ l!i:€9 Lg9l/tJl/l9 eo "-I L.. V \oJ t ... _ . _ ,~ J..JClV..&.\",,<I; II. L.C"..;:JVCI l..::JU;:J);:J'"t';:J-;:Jf..::JJ. V.D.I DRYWALL INC. TO: '1i ~ SUE CONTRACTOR DAILY WORK .REM.1lT DATE: ~/l-1 /07 SUlICONTItACTOR: PROYECl' NAME: ~&y-(""", ?rr!>~ ,F; ~ t:. .-..,~ 1~-y,.,.. (?-n 7""4.- (/ DESClUPTIO:N Oil' WOIlX Pl:R'roR~)) TODAY: ~~ ~,'r ~-I' ~ (!' ~~"..y <<--...vA"':' PROB~ /DELAYS: ~: (accldeol$,itcmt of cODccm.c:cc.). NUMIlER 01' 2MPl.OYEES ON JOB: I HOURS WORkED~-Z. A.M. TO ~ P~M M~ Sigaatare or 5.pe~de.t C:-c-z , V.D.... Supervistfr ll/lZ 39~d NId;ll~ m L~8'3'39&>!i9f: l~:(9 L99l/&>1/Z9 p. J.::::l t \ k ~, - The Tuwer Group, Inc. 405 sw 148 Avenue Suite One Da,ie, FL 33325 Phone: (954) 476-3200 Fax: (954) 474-3111 CHANGE ORDER REQUEST No. 00088 TITLE: Add 23 Fire Dampers DATE: 3/20/2007 JOB: 0417 'vIONROI: COUNTY CONTM~~rvlENl PROJECT: Freeman Justice Center (FJC) TO: Attn: Clark Briggs Monroe County Facilities Development 1 100 Simonton Street Key West, FL 33040 Phone: (305) 295-4306 Fax: (305) 295-4321 AAR .~ 0 ':00 i ,IME: ~ECEIVF.D iW: r~/1 .~' ~r/4< '-' ( , ~I ; RE: (C[ To: I~{ /c"'fr .'1-'I'From: ~.,I[i '~1(., !'J~t DESCRIPTION OF PROPOSAL This Change Order Request (COR) addresses the costs to modifY the ductwork and duct insulation to add 23 fire dampers as indicated by the MEP Engineer's review comments on the HV AC Ductwork Confirmation Submittal Shop Drawing, # 1589 1 -06. Number: fA . . I '; \J j' /. i (_: I - This COR does not include the extra costs, if any, to remove and replace gypsum board and framing, plumbing components, electrical components and/or fire sprinkler components to facilitate the ductwork and duct insulation modifications. Such extra work, if any, will be submitted for compensation on a time and material basis. Please process a Change Order in the amount of $15,695.19 for this extra work. The Tower Group reserves its right to compensation for a Contract Time Extension should this change impact the critical path for completion. Item 00001 Description Stock# Cust tu mudify ductwurk and duct insulation to fumish and install 23 additional tire dampers as indicated by the MEP Engineer on Shop Drawing Submittal # 15891-06. Quantity Units 1.000 Unit Price $14,94780 Tax Rate Tax Amount Net Amount 0.00% $0.00 $14,94780 Unit Cost: Unit Tax: Unit Total: Subtotal: ,A r-) ;) $+4;947.8() $0.00 $14,947.8& $14,947.80 Description Contractor Profit Markup Percent Markup Amount 5.000% $741.39 Total Cost: $15,69~.19 ".r eatt.ertrol Maintenance Corporation 7250 NE 4th Ave. PROPOSED CHANGE ORDER No. WT016 ,Miami, FL 33138 Phone: 305-908-1000 Fax: 305-908-1039 TITLE:Add 23 Fire Dampers PROJECT: Freeman Justice Center (FJC) TO: Attn: John Chandler The Tower Group, Inc. 405 SW 148 Avenue Suite One Davie, FL 33325 Phone: (954) 476-3200 Fax: (954) 474-3111 ('" i ',' I RE: L ((,1,,-(,- f To: From: DESCRIPTION OF PROPOSAL Cost to furnish and install 23 additional fire dampers as identified by the MEP Engineer on follow-up HV AC Ductwork Confirmation Submittal Shop Drawings. DATE: 3/19/2007 JOB: 0417 CONTI4:~~~~~E~q4 VI AR '/ (!1'1' ,!..\ .~. -' cdU IMi:. 'ECEiVED rN Number: I~-;,.tl ,.../ '.' : ~ ....' L'" Item 00001 Description Duct Work changes by Elite Ductwork Duct Insulation changes by Gomez Insulation Stock# Quantity Units 1.000 Unit Price $11,436.00 Tax Rate Tax Amount Net Amount 0.00% $0,00 $11,436.00' 00002 1.000 $2,800.00 0.00% $0,00 $2,80000./ Unit Cost: Unit Tax: Unit Total: Subtotal: I ; I J , , f $14;236.00 $0.00 $14,236.00 , ,f $14,236.00 Description Markup Percent Markup Amount Markup on Sub-subcontractc 5.000% $711.80 Total Cost: $14,947.80 ; ,I By: By: John Chandler Hector Ruiz Date: Date: Expedill'J!1 !l MA~, 1~, LUIJ! ~: J?fl.M IYV, Ui) I, I weqJ~~~r.rQ! ~ CHANGE ORDER REQUEST Cha~ge Order Request #: 04-790-0025 Date: 317/2007 Project: Frliteman Justice Center To: Th. Tower Group @ Freeman JustIce Center Attn: John Chandler 500 Whitehead St. Key West, FL 33040 Project #: 04-790 From: Weathertrol Hector J. Ruiz 500 Whitehead Strlet Key We.t, FL 33040 Ph.: (305) 296.2521 Fax: (305) 296.2587 LPn.: (305) 90e.1000 Fax: (305) 908.1039 We hereby propose to make the foflowing changes: Additional Fire Dampers per Engineer Revision of 2/26/07 MONROE COUNTY FACIlITIES DEVELOPMENT :vfAR ;~ 0 2001 'IME: ~ECEIVED !IV: Chang. Order Prfc. $14,947.80 This price Is good for 0 days. If conditions change, thil price is void. We are requlltlng a time extension or 0 days in conJunotlon with this Change, Hector J. Ruiz Author 3/712001 Dlte o Accepted The above prices Bnd .peclflcations of thIs Change Order request are satIsfactory and are hereby accepted. All work to be performed under lame terms and conditions as specified in original contract unless otherwise specified. Authorized Slgnatul'8 Date of Acceptance - I~ RecelvlJd 31 . ,'.' j;- J , CHANGE ORDER REQUEST SUMMARY Project: Freeman Ju'tfce Center COR 'It. 04-790-0025 Subcontracta l8Ubc:onlr~r EIII. ShIll Met.1 Gome& i'lul.tiOn--' --"------ D.~criPtfDn Total Supply and In.t.n 23 Addilional ~;re O.mper. $11,436,00 ~em~~ r.plle. iiiWl.tion~ .boV!_ __ . .~~.= .-. -i2 , 86Q. 00' - Subtot'l $14,238.00 $0.00 Total Cost Subcontract Markup Subcontract $14,236,00 $71160 Total $14,947.80 MONROE COUNTY FACILITIES DEVELOPMENT ,\1AR ~ 0 2007 liME: ~ECEIVED 8Y~ ,...... (I- 4)NROE COUNTY ,r.:m:s DEVELOPMEW .' :.,,,) i \ '.llno~.' \ .~ I '-. I r 'ME nc.cr''.:,'j:D :)'1 BU~ D\lctworlllac. am NW "at StrNt MWai, Plodda "166 ph, (305) 4"-~J51 Pu (S05) 499-9152 C5C#11102.59 CRANGS ORDER REQUBST ToI Woatlulrtnl nlO n 4t1a Awe... AttD: a..... J. Ru" Date or PropOMl; Propoal Requ... Humber. Prqfoct Name: 1"/2007 IIxtn Dua~ rr..... .1.0. Deuflpttoa of Mo..p CkCII .......1 M.. .. pu I"', Drt""" date. 1/11'1001 . Material & Equ~pmeftt Subtotal . .ti__.OO Sale. Tax. ~ . 1".00 lAbor 8IlbtotaJ . I,OM.OO / Chln" Order SubtotaJ CoM . 1~.I..:0 Proftt. 5" . l14S.oo /' TOTAL PIUCII OJ' CllAlGII OIID. . IJ,4i..OO / nns PROPOML I' 'UUt FOR ACCU'I'ANCB Wl'I'Hnf ao DAYS. WlC CANlfOT PROCIED Wrru THE WOB COWR.IJ) 1JY '!'HI PKOPOSI:D CHANGI bNnL WI ARE 80 DJRBCT:m IN WRmNG APPROYrl'G COlTS. OR t1N1U WE RBCBlVI YOUR WIU'M'Bl'f CHANGE AtJTHOlUZA110Jf, WHICH MUST BB wrmIN TH& ASOVB m.fS lJMIT TO AVOID ADOmONAL COSTS. . . ACCEPTBD BY: DATE CUSTOMER RBPUSUTA'nVli 138g. 1 0' 2 I' 'J.~, I PAGE 1 Propo.ailt I!:lctnL Dampen Date: 3/8/~007 Project NlUtIc: Freeman J,C. coaT ~WJ( JI AlI'OJ.LOftr . MAT. lABOR TOTAL TOTAL TOT~ O~'IY. DUCIUPTJO'" UNIT tTNJT MATll:Rr~ l.A!IOR LABOR com COSTS COSTI MANHOURS C08T8 ....OlA UjJ) -, I T I 1AddJn.: r:II8X6 JI'ite OamllllJ'l . 118.00 . 91.00 . 118,00 .. . 384.DO V III.OaJ ADD AddInr.( IJ42X 11:(lj30X30:tllSo . 41:UO . 96.00 . 472.00 16 . 1 536.00 :.....- JU4;(1120X20illll8Xlll( 1 IleXl: IlAU>>C12 nn DAItlDarII: , 1"..O'if Ann- AllcUaa:T1l28Xl2:fllilX8' U22X . '26.00 .. 91.00 . SiI.OO 21 . U88.oo V 10:U116X12:/2116XIOI/11i6X8; , Tll 14X 14:ij114X 13:12112Xl O:ti 18 X6;(1I6X1 Flre D _.&~ 1 &atra LUor due c.J eid8ijj\l nla . 96.00 DJ. M . 3.4M.OO / corulitiorut. , 1 vtvt..) . 500.00 n/. . 500.00 I 'TraweUn. T . 300.00 n/. I 300.00 1 au ~>>en... . 200.00 n/_ . 300.00 I 'OWek ShfD .ta21.71 n/a ".7'1 I' 11,041, '11 . e.o6~.00 ': ./ :'I10N/;"J:: COUNTY 'A/:liTlES l)~/F.LOPMENT ;JilD '. " "n '1.'1\ --;, i ~. 11/ ,r"'E c~(,i=,e~;) fi Page'1 or 1 I'll! t', I / l. ') " 1 I \ I'.J V: T 'I;J M " MAR, 13. 2GO 7 9; 22AM , ,.,... Lr1:lt:.rc.oIl::.1 "'M^ .:sU:::l"t I ItH'V, ',., I p. J. weqr.~~r.r.r21 E!1 ~O. 6' 9 P J 7210 N,!, .. Avtnue Milm. M. a31. JUr C J.I A.., 0 "\tcai8.. T A ACt 0 IIJ '0 , FAX TRANSMITTAL Phone; 305.808.1000 F. JOO._,. To. ,.,.: 800,"1. 730t l' , 1W 00mN InIIAIlfon ....... NMDr' Jultt'l .......,3050417..... - lilt FNlmIll JuItk>>~ ~ftI HlctwJ, ~~. ....... 1 .... 3I13m .. - ~ o ."..... a....... c ....... ce......... c...... ..", c ...... 1IIeoW... Per Snglnw,... WI I1IId D Idd 2a FIrt ~.lht ~b, '1\ert-~""1Id fa ~ ".intullClon IIIWt ~1tIIId. Pftut bWIrd ~IM' /I'~ AW, Thl,... Nquut8d 10 Jud1l11t.. dlMfng hrI '" VIIlt II1d HI fcl"tGWllhe _I'd of the WO~ III t.,..,."",. ~ I \1ONROE COUNTY ,.".. 10\1 \ 11 t:4CILlTlES DEVI:LOPMENI HIctor J. A"" "'" v~ b ~AR ~ () )r ~X:nj;l'~'IO '/ME- IJJl1/ _ " t'{/ /' . Ji;CE/VFD 13'( Ii ~ .'AONRQE COUmv FACltmES DEVELOPMENT \~. ubU ~ / f} -l ~A.. ~rP ~ ~ id- ' ~ fy 1', I\D ~t' MAR 202007 .IME: ',ECEIVEO '.IV: , . r1/ r ::>-'::'UI::.1 I .LU; .LUH t""i""UI'I; TO: '32954321 P.3 . '. . , . A1,;j t>':, -- " . :_,1" J Ii ,:, ~<< ~ ~Pl r~E; ~_. ,'\ ~1 ~ ,419 ~ ?ECEN,.~?'y \,,J / ~L , f-'t 33~ '--.-.-- P~ODe: (1/1.*) +76 'i~ , Fa: '1rJ} +74 ~~, t f nnE: Widen SaJIyport OIH Door to 14'.0" DATE: 312012007 PROJECT: Freeman Justice C~ter (FJC) JOB: 0411 F~ TO: Attn: ~.~S . ___. . J.- CONTRACT NO~..ft 1 Mt9V"~ ~-1D4"tI4 ~.."Jt~ . ~ 21 2007 "~ ~~ SIY__ TIM: ~ lIVes/- ~ ,,~ lfC!M!Dar: 7i1: C~:JII{~ ".,~, CJ....r)~S-~ (') , ~e...e.J~ / II", RE: ?~ To~ ~ ~ From: A...~~ Number: l~ oeIeIW.J DUCJUmON cJ'PROPOSAL ' . Thil Chance Onla' Rtquest (COR) 1ddre8.. the added ~ to filmfsh a 14'~" 'WIde oved1eld l'O~o1JP door 11 d1e SlIIfypott. in 11. of' lbe pre"lousIy appl"cct 1 0'-0" o'*'-d roll-up door as rtqUIIWd by die Meaoe 0Naty Sberf1h Office. 'I1lJa eo. aJso includes me cost to damoUm md repla crao ~ CGUmI column to widell 111. doOr openfns tam 10'.0- to '.'-0". )Jleuc procau . ChII1ac 0nIIr Ir1 thslmDUM of S'~69. 7S tar this axtra worlc. Tho Towor Group reM vealtJ rfc,bt to compenatfon for I ContrICC T1me BJtten$ioe .hould we dewmJae that thf. exb'I wort ImplCtllhe ctltfcal path fbr Coirtn.et Completloa. CBANGIORDERREQ~T No. 00089B I tlem o.crlptloa Stocllall Quatit)' UD1t.t . Cait ,. Tn Rate Tax .4mOt.t Net A...nt 00001 Demo"'" alllI. tGllIlIUIlWI 1.000 J7,SOO.OG o.~ suo 170500.00 ~CIlI11W rcIntbra1d ., CllIlCR&a aoIumn ID wId. SIIIypM GWIIhIId ,., ro 14'..0" (X.1IlIIY ConIcruai. fICO 'KBNOOI. .,,-.hed) OOOGZ A'" ... to fIlmldl .. I.DOG SI,ftJ.OO . O.GOt\ 50.00 SI.g,s.GO Instal . l4'-o' wi. ..,1tMai rei.... door II lIeD r1f. ICNr wi. av......lVIt..., .... CA-M-a Doer PCO 'AJ<<QOt., \ -', GOJIY IIIIahed) I.' , . l Unit Cost: 59.495.00 UDit tax: $0.00 UDft Total: S,,,,'5.01 Subtotal: 5',4'5.00 Dac:ripdo1l Markup Perceat Markap Amout _ Contractor's Propt S.OOO~ $474.15 T ~taI ~o'-: 59,H',75 I 10 '~7( 2Z1~ IlonOO'd 19S-,1 IZltUnOl+ '1IIMDI~NJ J..Urm DlI01-IIo'~ 11:80 lOO2-IZ-J~ MrK-~-C~~1 l~;~~H ~~UM; BILL TO: MONROE COUNTY SHERIFF'S OFFICE 5525 COLLEGE ROAD KEY WEST, FLORIDA 33040 PH. (305) 292-6832 FAX# FAX (305) 292-6833 AT TN : MONROE COUNT't 'ACILlTlF.S ~EVElOPMEN"~ TO: 92954321 PAGE P.2 )FR '~1 ~l lnp QJ J lIME; \ y 954-474-3111 II::CEf\IEl~/ : PURCHASE OROER NUMBER 7020 THIS NUMBER MUST APPeAR ON AU PACKAOES, INVOICES, AND CORREBPONDENC, :HASE ORDER OAT! DATE REQUIRED REOUl&mON NO. VENDOR NO. DESCRIPTION /03/2007 CHIEF M.RIC .... 1042 4978 ~ THE TOWER GROUP INC. :NDOR 405 SW 148 AVENUE SUITE ONE DAVIE, FL 33325 MONROE COUNTY SHERIFF'S OFFICE SHIP 5525 COLLEGE RD TO: KEY WEST, FL 33040 MATION IUNKIT CONTRACT PAYMENT T1!RMa FREIGHT 45 DAVS FROM RECEIPT OF INVOICE QUANTITY UNIT 01' MeAI""a I COMMODITY eODl! T UNIT '",ea 1 EXTEN8IOH CHIEF M.RICE 1 1 EA PER QUOTE 7,500.00 7,500.00 WIDEN SALLYPORT TO 14' 2 1 EA PER QUOTE 1,995.00 1,995.00 INSTALL OVERHEAD DOOR 3 1 EA 474.75 474.75 CONTRACTORS PROFIT 9,969.75 COMMENTS I FV07-1025 CATEGORY I CONTACT: DePARTMINT ACCOUNT PROJECT ACCO"NT AMOUNT A605-2000-58100 AE,05-2000-58100 q605-2000-58100 7,500.00 1,995.00 474.75 Faderal Tn ID '59-6000153 BY SaI.. Tn "s-a01282223Oc.1 Ths Monroe Coumy Stlsrlff'g Ottlcs ;9 IIn Equal Opportunity Emplo r EEOIAAP Employer PLEASE SEND ALL INVOIceS STA MONROE COUNTY SHERIFFS OFFICE 55U COUEGE ROAD III'~ ,.....__ _. ____ ~ Hr' "'-:::r-CUU r lU:U'::'H t-~un: ~f~J_ I.r'~-:,.\ ",,-. ~berlff TO: 92954321 P.I Richard D. Roth Sheriff Of Monroe County 5525 College Road Kc)' W cst, Florida 33040 (305) 292.7070 1.800.273.COPS MONROE COUNTY FACILmeS DEVELOPMENT Phone: To: I11JNI.( PW. Q, -{ '- .~Jff c V LJ? "1M!' ( ~: , :~EC~/\<!~' V / / ~ , . . --.---- Dale: Depa b ,.!lllt; FalC 3o~- 2-9.5"- Ll37.../ Frtrn: John Fawley, Purchasing Agent Phone: (305) 292-6832 Fax: (305) 292~6833 Remarks: .. Number of Pages (including cover sheet): fIrv '" /-1 ~ /J1asc) lA/J 1/ fll111 IllY PtJv flu.... ~...~ tv Clt.-jC.. . ..... frecmnn SUI lion 20950 Overseas "'... }', Cudjoe Key, Florida 3)0-l2 Phone' (305) 745-) J 8.t F3.~: (305) 7~5.J 761 Mnrathon Slalion 3103 Overseu Hwy. Marathon, Florida 33050 Phone: (305) 289.20130 Fax; OOS) 2S9.2~97 SpOftSllOOd Stalion 88770 Overseas Hwy. Tavernier, Florida 33070 Phone. (30.5) 853.3211 Fax: (305) 853.853-3205 -_.f The Tower Group, Inc. 405 SW 148 Avenue Suite One Davie, FL 33325 CHANGE ORDER REQUEST No. 00091 Phone: (954) 476-3200 Fax: (954) 474-3111 TITLE: Elevator Hoistway Ventilation DATE: 4/5/2007 JOB: 0417 CONTRACT NO: PROJECT: Freeman Justice Center (FJC) TO: Attn: Clark Briggs Monroe County Facilities Development 1100 Simonton Street Key West, FL 33040 Phone: (305) 295-4306 Fax: (305) 295-4321 ;i'\~ . r- RE: ,~-"D To: !~'~ DESCRIPTION OF PROPOSAL k~.II'~ J From. I'," ( , ,1_ I . j, \, ("J'.d., r..' k.'rr-j, c ..;. Number: il ,..,- ,r I ',~ ...., I " ,:-; During a site visit on March 7, 2007, the State of Florida Elevator Inspector observed that there was the hoistway for the elevator to the Mechanical Equipment Room exceeded three floors and did not have ventilation as required by the Florida Building Code. This Change Order Request provides the cost analysis for the added work to furnish and install code-compliant ventilation for that elevator hoistway. z i~ 89 u~ h ~ 'J. I ~ g~-, =-t~~' .'\ ~' , c,C;....J, r.:r:: ' a.. <( ~! Item 00001 Description Stock# Cut and patch concrete and eMU openings for elevator hoistway ventiliation (peo #KEN002) Fumish and install ducl. fire damper and louver for elevator hoistway ventilation (PCO #WTOI8), Fumish and install screen at -i' b"" ') hoistway ventilation opening ,~ (;v Quantity Units I. 000 Unit Price Tax Rate Tax Amount Net Amount ) $8,00000 0,00% $0,00 $8,00000 00002 1.000 $3,990,00 0,00% SO,OO ./ $3,990,00 00003 1.000 SIOO,OO 0,00% $000 SIOO,OO Unit Cost: Unit Tax: Unit Total: Subtotal: $12,090.00 $0.00 $12,090.00 $12,090.00 Description 5% Profit Markup Percent Markup Amount 5.000% $604.50 v Total Cost: $12,694.50 /" MHR-27-200i 09:31 FROM:CURRIE SOWRRDS AGUIL 561-243-8184 TO: 13052962587 P.l 04-17 - 0232>1 CURRIE.. SOWARDS.. AGUILA.. ARCHITECTS i\rchrtect:;7, Planners & rntsrlor DesIgners - AA 0002271 'i34 :--IE 1~. Avenue, Deh-ay Beach, Florfda 33.444 pr~ClM (561) 276.,:\.851 r;:;x (661) 24:3--81134 e-rr:afl mcr;@curr:~arc.ccm I:: ACe "'It( L E 'I" >?: ;;p~ n. From: -;kit K-. CompSMY: "'7'O'u)@f Re: p;.eeHf c'JJ( . Fal< No.: Job No. Oate: # of pages - iMcludrng tl1C=, cover .5 COM MENTS: ,-C;h~. : ~ ~V11 ~y)t~ ~ ~~ Tis. /~ _ _c~__~ ~---1?q $ur~ 4t/ Copy: MAR-27-2007 09:31 FROM:CURRIE SOWARDS AGUIL 561-243-8184 Mar L, U f u,j:r ~p I re lower I...Jroup -I?k:: ~-~~:r',;::-~- }~ - ;--':::":'''-11'' C,' ~ "._ ";~. I 'oJ _~ I :~ oj ":> ~1. ~ I \- I- -2 l j , , .: ~ ~ I . ~ zp '> ::z ~ -\ ~ ~ , " / (:-~-~.~-=~- -~------~-_...--.--... - ~ ,';) ~. , ., ,,- .) ,'" .~~ :t 4. ~ tr 'd:~ < L .. ~ ~~ tr a t S .::J: ;t 'Jo(, " / :tt. ~ / " / '" TO: 13052962587 v\,J"""c..;.J"""'-L.,....,AJ' ....-..l.........1"' .' ,l ._.~::'.:~ ":'=.--=.~-.J ~. l ~ - ;I~"" ~" .~ ~_' -........' - 4 --::-':::--"::'-:-1 "" ~ ~ \\S.I~ ..... ~~~ ~ u ~~ '"' s .~ rt-\.~ ~'~\Q. '3 ~ ~~ \!)~ ~ ~ ~'f ~~ ~ ~t ~ . !'. "\ . . . P.2 1-'..... r- t ~ :'7\ MAR-27-200709:31 FROM:CURRIE SOWARDS AGUIL 561-243-8184 TO: 13052962587 'rj~/'LII'L'(J'rj1 lU:tlt:J ,;ltl::Jbb':S'Llb::J r'J.~IU"UNU I4L.W'l P.3 ,-,...UC Ulft).;) i"-::=-'':':'~:-'"'7'. c-::"':,"':~:-~'::'~~~=,-,--.:__.",--,,:~::::: ,;.c.:.:..:_::."":.;;....:."'.: .~~: "c.::":':'-"""-:-...'r..:..r .:-:: ;:::::::-~~.,=:.;o:"'"'-.:;.=:.:;l 1- '?ISTORINO & ALAlW I , CONSULTING ENGINEERS~ INC. r : 7171 SW 62M Avenue, Fourth Floor I'. Miami, Florida 33143 Phone: 305-669-2700 J ,I Fax; 305-669-2165 ' E-mail: reception@pistorinoalam.com FAX To: From: <J~~ Fax: 3 PfIone: Date: 3 .. ~1 · ~~ If:yoo have not r~ all 1!:WO infann us ""--if..t.ly.' ':/:.r ~(~ ~" C:,',;:~.;;> "'i:i") T~:.I.'Jr Gl':-..) :':"'J~',c.:~:":::':J ( [l," "~ I....., 0...-.",; ",."~''',,,~ ,'e'_""'" ",~~-- u'__~_ ... ~,~ ,~,-~:.' ...~... ,- ~ "'~'='~""".._---~--~"--~~~~ "-.,.= .....~ -, ----- '~-~_---.....~----,-~~---,,-...~~~~ ~-:c '~:' ~ '- ....:- -',J ~~-~'~~~'-:-~J-,;:(-''''''''\ ~';""<~''7':-''''''''''''.:::::=J \.:.:.......~ ,,,.oQI'li~i;..r='l" ~ '. ..... ~ . . ~ . j -i l"- t ~ f I I"~ I .. , , ,I "Q"~_C"~_t'cx: ,,.~ ~ ~T~""I:I.t'I>I.f ,~l~ ~-J.2.1 ,... I t"'O"~~T.nl .~~ "*"'L1'r'-l,",,',-.,., ~^~~~~n~n~ __._. I_~..'_ .__ 1~~-2(-200r 09:31 FROM:CURRIE SOWARDS AGUIL 561-243-8184 TO: 13052962587 t:1..:l1 L. ({ L.t:1t)' ~ t3; t30 ..:lO::)OO':lL.~ O~ ""10 I UrUI'IU ~ P.5 r~ U.J'I[J~ ~ P'STORJNO & ALAfrf C:Ol'it.~lI."IrO !MfJ'N!U~. INC. 7171 S. W. 611rd A....... Fourrfr Floor Mianri. FiQrW(lUH1 U()j) 669.27t7t1. Fax: (305) 669.2165 JOS SHEET NO .-f:1C SHEET NO CAlCULATED BY .. ~ Ch'EO\ED BY --,--- SCAl..S _ OF DATE .3 . Z1.01 CATE _ ;.,_:~;~.~~_","",<_";;j_'L,"~~"':W-lr ;: ~~=-"r.~~k~.::rr~e_z:o:.U:;;;~;':>_~;:'tL~~'..:~~J:It.~"""':_--_I5' c ..I . . \I'~\' ~f.' ; .. . . I : . I ,,:' . d11P: I. C~. /Jr2..otl~~..~, ~th- t.euJF.[ ~,.ltS'. it~\&H; WI: ~ON --:,!:' ~~.U'6 1~~ ~ ;ODO; f-'t:t-ttt4.f i, ,I '. ; , .. ; . "pl-J ~ i' t~: :. .. i. . c:.o~ ~', ;~Mt.i i t. :., i . ~.-:-:+:- .. -.: '; ~ . >,f , .,1,., . t't. . ; t , , i ~ ' ~ . or Rpr 04 07 04:36p Bill O'neill 239-281-2684 p. 1 .. . -r.:.-rt oft 7 - (})J;'(b [Pdt t~! t'ctz-9) FAX COVEI~ SHEET DATE: 04 - tJir - d ? 'r 0 : Yo IJ. J.f C IlA N /) LEA CO lYIP Al'-f'{: 'T/fE/o w 12/l.. ?/L tJ (,/ /) FAX: 305-- 2. 9t -. ;)..Ji'? '--. ----- I FROJ\;{: 11/ L L CJ 1'1 iii L L COMivfENTS: PAGES (INCLUDING THIS COVER SHEET): -3 Apr 04 07 04:38p t,lJ r ~ ,,, 39trd 2'd ,.,,. l. , ", ::, j ! ! Bill O'n~ill " ", / . . ~ t'U\ ~f ~~.~ ..' !. 'f' t)\~ \\ U\ ~~~ , ~ i-(' ~ o ~ '-' - 239-261-2884 , " / ~ 1\: / " f ~ tt p,2 ...... v-, \j 1 ~ _\1 \;) ... o ~ .)>. (\ n 7': ~ c ;::.. ~ 'Z'. ~ G ...... \r- ,. tl j:... '" II'V*"~'''''''''''' L~~;O.1. dtlOJC\ Jl!NlOI tlJl dcu:rtl If! ." /8l1'C I>Ene-"t1Z-t9S 1I~ s~ 3I~"r.:H\.O:i:f H::6a Laez.LZ-~ ~ ~3"lO.L 3-11 / " ~ \ J ~~ \; ]~ ~ ~ ~ ~ ~ LBSl96lS9€ l~:5t ~ee~/pe/ve AEr 04 07 O~: 3Sp -+ Bill O'neill ASME A17.1/CSA 944 i-'Al{CaoOK (ZeOli) Recessed ....all ;.;oistway v.al/ 75 deg angle Top of setback Recessed wall ~ Hoistw3y screen HoIstwa'y wall >100 mm or4 in. Hoi5twev wall Pit floor Pit Roor Setbact 12.1.8.2(b)) Recess [2. 1.8.2(al) 239 - 261 -2I:it:f4 p..j I - HO;Hway !::cr<<en lr. ,~ ~- -, . :..... ~ ~:_~{~ .~::-:.-: ".;.'~. ; .*. . :r'''' . ',d' . .. "-:., ;1: >-1 ,.,.~!,:~ ,. , ' ~F:';""~ .>I.,{.:<, .;.. .,. -; '~. ~ '-- ?rciection !r- '--- <: 00 rp,,,, or4 h. 75 deg angle Projealon .'-.~ 7S deg angle Projection Hoistwev wall Pit 'Ioor ProJection . (2.1.6.2(0)) DJasram 2.1.6.2 Holstway Setback. Projection, and Rec~s not realize that he is L"1 the elevator hoistway md that there is no floor on which to stand. A glass c-..zrtain wall is not considered a window and is permitted in the hoistway by 2.1.1.2J(d). The building code should be consul ted for the detailed requirements on window and skylight glazing.. framing and sash construction, and guarding. This requirement does not ap?ly in Canada as it is outside the Scope of ll-te elevator code. See ~.JBCC. 2.1.6 Projections, Recesses. and Setbacks In Holstway Enclosures TI-e l.l.tent of these requirements are to prevent a per- >en xr::; stancbg CT. the top surfac:.:es of a projection or laying tools or equipment on the top scrfaces:- projection and not to eliminate a shear hazard.. -~; requirement also applies to muJions for glass Cll-.':' walls. Be-lels are not necessary on nor.horizontal prY- tions such as diagonal bracing making an angle ~:.~ than 75 deg from the horizontal except where they t-.. sect with beams or column.c;. Proje:tions and 5€tt-:.. may be scremed instead of beveled. The rl?quire!:'~'" for the screening ma:-eria1 are the sarr.e as 5.1C.l.1.1. c..., Diagram 21.62- It is not a requ;.re17lent, to guard the u."1dersi.:~' projections on sides of hoistways rot used for loa.:,;,- and unloading. 18 - Kenney Construction, LLC 1075 Duval St., C-21 PMBI45 Key West, FL 33040 Phone: (305) 942-1092 Fax: (305) 296-7757 PROPOSED CHANGE ORDER No. KEN002 TITLE:Rough Carpentry & Installation Svcs PROJECT: Freeman Justice Center (FJC) TO: Attn: John Chandler The Tower Group, Inc. 405 SW 148 Avenue Suite One Davie, FL 33325 Phone: (954) 476-3200 Fax: (954) 474-3111 DATE: 4/4/2007 JOB: 0417 CONTRACT NO: 0417-050 RE: To: DESCRIPTION OF PROPOSAL Cut and patch concrete and masonry openings and furnish and install precast concrete lintel for the masonry opening, per Pistorino & AIam details, for elevator hoistway ventilation. From: Number: Item 00001 Description Cut and patch concrete and masonry wall openings for elevator hoistway ventilation Stock# Quantity Units I. 000 Unit Price $8,000.00 Tax Rate Tax Amount Net Amount 0.00% $0.00 $8,00000 Unit Cost: Unit Tax: Unit Total: $8,000.00 $0.00 $8,000.00 By: John Chandler By: Date: Jen Kenney Date: Expedition l!l ) 1 (, fIr. I r- f,- : ,! F" .(.. KENNEY CO~STRCCTIO~ , LLC 1075 Duval St. C-21 P~IB 145 Key West, FL 33040 State Lic# CBC 1254682 PROPOSAL Date: April 3, 2007 SC# 04 I 7-050 CSI# 6-100S Submitted to: The Tower Group, Inc 405 SW 148TH Avenue, Suite 1 Davie, FL 33325 Project: Freeman Justice Center 302 Fleming Street Key West, FL 33040 Proposal to cut and patch the openings in the reinforced concrete elevator hoistway wall and in the exterior CMU Penthouse wall for the elevator hoistway vent duct shown on the sketches provided. Scope Of Work: I. Cutting and chipping the opening in the elevator shaft wall to fit fire damper. 2. Furnish and maintain plywood and lor visqueen over the top of the car to prevent damage and to minimize the amount of debris falling down the shaft. 3. Chipping and patching at the reinforcing steel in the elevator shaft wall opening as shown on Pistorino & Alam' s sketch. 4. Cut and patch, and furnish and install the 8x8 precast concrete lintel shown on the Pistorino & Alam sketch for the opening in the CMU wall. Total Price: $8,000.00 Sincerely, J en Kenney 305.942.1092 fax:305.296.7757 kenneyj~bellsouth.net W eathertroll\:laintenance Corporation 7250 0:E -hh Ave. .\tiami, FL 33138 Phone: 305-908-1000 Fax: 305-908-1039 PROPOSED CHANGE ORDER No. WTOI8 TITLE:HVAC and Plumbing PROJECT: Freel11~l!1 Justice Center (FJC) TO: .....ttn: John Chandler The To\.\ cr Group, Inc. 405 SW 148 Avenue Suite One Davie, FL 33325 Phone: (954) 476-3200 Fax; (954) 474-3111 DATE: 4,3/2007 JOB: 0417 CONTRACT :\'0: 0417 -004 RE: To: DESCRIPTION OF PROPOSAL This proposal addresses the costs to furnish and install ductwork, fire damper and louver as shown on sketches provided by TTG. From: Number: Item 00001 Description Duct, fire damper and louver for elevator hoistway ventilation required to meet Florida Building Code. Stock# Quantity Units 1000 Unit Price $3,800.00 Tax Rate Tax Amount Net Amount 0.00% $0.00 $3,80000 Unit Cost; Unit Tax: Unit Total: Subtotal: $3,80000 $0.00 S3,800.00 $3,800.00 Description Protit Markup Percent Markup Amount 5.000% $190.00 Total Cost: $3,990.00 By: By: John Chandler Hector Ruiz Date: Date: \;:CGlllOr. .l' ~:: c.. I" . . ~ L .' . / ~:~,..l.'/ lreclthertrol ~ "'.....'...'.,r.c:t,l"....J....,t.',.~ CHANGE ORDER REQUEST Char.ge Order Rec",est #: 04-790-0027 Date: 4/3/2007 \C, 747 peO 41 l}Jfo/5 Project: Freer.\an JU$t1ce Center To: The Tower Group @ Freeman Justico Center At1n: John Chandler JOO Whit.head St. Key West, FL 33040 Project #: 04-790 From: Weatl1,rtrol Hector J. Rulz 500 Whitehead Street Key W..t, FL 33040 Ph.: ~3C5) 2~e-2S21 Fax: (305) 296-2687 Ph.: (305) 90e-1000 Fax: (305) aOa.1039 We ne'&by propo" to m.<. the follow rg crsl'1gea: Elllvator shaft ventilation system Change Order Price $3,990.00 This prlel Is ,ood for 0 days. If conditions change, this price Is voId, We are reql,;eatlng a time extension of 0 days In conjuncUon with :ris chan,e. Hector J. Rl.lz AI,..tr.or 4/3/2007 Oate LJ Accepted The above prices and specificaticr.s of this Ct"angg Order reql.<est are satlsfactolY and are hereby accepted. All WOrK to 08 pe~ormed under saMe terms and oonciliors as speCifed Ir'l orlg'nal oon:raot unless otherwise speeified. Al.thorized Signatu'e Date of Acceptance ,-- i ~,~:., ~. " .... L.! I ; : 4 i A'/ \J.747 CHANGE ORDER REQUEST SUMMARY ?roject: r:reBman Justice Center COR #: 04-790-0027 Subcontracts ;s ~ bcontr.~or 1:1:!J Dl.Ic:wcrk Ouar'ptlon l Supoly &. :nslaii . ex24 S~ duct all.c~~ to JSAJ6 ~1.nuM 3ex3IJ ~.ad. COl.lnty aprovtd wai~---=-=-~-'~ ..,. 1 Sx24 Fr. damper IlnO aces$I door S~b;c;:i11 Total Cost Subcontract Markup Subco~tract Total Totar l S3,!OO.CO 53,SOC,CO $).00 $3.800,00 $190,00 $3,990.00 - '" The rower Group, Inc. 405 SW 148 Avenue Suite One Davie, FL 33325 Phone: (954) 476-3200 Fax: (954) 474-3111 CHANGE ORDER REQUEST No. 00092 TITLE: Window Testing DA TE: 4/5/2007 JOB: 0417 CONTRACT NO: PROJECT: Freeman Justice Center (F JC) TO: Attn: Clark Briggs Monroe County Facilities Development 1100 Simonton Street Key West, FL 33040 Phone: (305) 295-4306 Fax: (305) 295-4321 RE: Ld<vl/;:p.~,j To: rTc.- DESCRIPTION OF PROPOSAL Contract Specification paragraph 08520-3.3 requires on-site testing of installed windows for air infiltration, per ASTM E-783, and water-resistance, per ASTM E-Il 05, by a testing agency selected by the Architect. The Architect and Owner directed The Tower Group to select this testing agency. Since Contract Specification Section 01400 requires the Contractor to furnish only those testing services that are not otherwise specified as the responsibility of another entity. Change Order Request #92 is our proposal to furnish these testing services. From: M (! "(~ \..~ Number: .: 4, 7 - ':~.;-. 1('{7 The proposed scope of work includes one air infiltration test and one water-resistance test each for two windows, for a total offour tests. All windows must be accessible without need for scaffolding or lifts. Please process a Change Order in the amount of $8,400.00 for this extra work. d u~ ~<n ~a u.; /.--.-....., ;--'\/ 1st 8: <t ~ ..~ ~~ Item 00001 Description Stock# Air Infiltration Tests per ASTM E-783 Water-Resistance Tests per ASTM E-I105 Quantity Units 2,000 EA Unit Price $2,000.00 Tax Rate Tax Amount Net Amount 0.00% $0.00 $4,000,00 00002 2.000 EA $2,000.00 0.00% $0.00 $4.000.00 Unit Cost: Unit Tax: Unit Total: Subtotal: $8,000.00 $0.00 $8,000.00 $8,000.00 Description 5% Profit Markup Percent Markup Amount 5.000% $400.00 Total Cost: $8,400.00 0~/J~:~067 10:50 30574:35355 1'1C "~C / .] R/'!A (74-17- C23'}7 Fax -;-ransrrittol Ta: f,'r. .or:,-: Cr:::md'er Ficn;: Je'f Chocpani r(;x: :305)295-2587 Phone: (305)786-367 C549 Date: Aoril 4, 20:)5 Pages: 4 Project: The Freeman Tower ':us'jce Compony: The Tower Group.. ;rc. Fi m 0 lip 0 RegL.!cr Mail 0 Certifidd Mail 0 For Review CJ Draw'ngs 0 Disl<ette Cl H(;md Delivered Cl Courier Cl for Approval D ':omrrent; Enciosed, please tird fox copy o~ proposal for Field Air ond Water tests for the above project. Cail me if yeu have any questions. ~~,Q '(lvrr"",:;I;;:;n cO"J'-:~ ,'erein 's cc~,fi:J.;r"i:)/ :1 's n;e-d~d f:>r Ire U~& O' 'h.',(j'r/(i~C 0' er'it) nor;ed cb.::,e, If 'r!!: r~aoer of !r,e rrflSW<;~ 's "'0' "'19 intei1ced ~<:I::;ant. ; o. ~rQ h"'60bf nc;tjfied 'n~t cry t'orl5r'"'lss'o.~. jis~;~ut")r. or Cc.cy ,)! ';'$ C,~(.,""'U-,:C::Jtic-, is ;tr<;:t y prori::i:e,j, ;' 'yOu '10ve any :l1.i~stj::r;5 clec;e nc"f:; ,s '1~'r'6di...J!e y by eleJ:;hore. c.::I:ec; II '1QC<i,;ClrYClro ret"r",: 'hG ~ii':o, 10 ;,5 c' 'he'Cc,e ox 'e~~ ,ie i.S Pc:'c S6("'C I:! , '^'e HI remt.iJ;e_c,.; '(;( ,!ovr poSIC;:)9, 'h Jr-k ~'O'- PAGE 01/04 .0 .0 ~~ U ~ U\ C - 0 CU o Q) ='= c :::J:;:: U') 0 C 0 8~ .... = 0 O~ 3:06 c:= .- 0 O~ ...... '- ..... 0 :) ,- U IIi 'E J5 o ~ 4'10J SW 75rr Avenue !..-k.mi, F!orido ~ 155 T 2DS7401595 F 3(;5740.5355 a~!84/2007 10:58 3057465355 1-1CWC/ JRr1~ PAGE 0:2/04 tYbn :utcii Wall Corsu:tonts. Cap, 49)) S.W. 75th A\enue ,\Meri, :=crijo 33; 55 T2 epr::;ne 3()5I~().7S9.)1 3CS74').~~,~~54 T2:ccc~:);er 305.740.5355 ;', '~',.,.' -: -. . .:'. 1.' . , , ...." .', ., ..-:~.,,";,:~::-..t' ,--~-'-'-'.'. A IT. : .\I\r. John Char'dter "lv:! Tw\'v81 GrC\l.;p. Inc. 41)5 SW J 46'''' i'\'ve. Ste. Ol'e Cavie. FI. .33325 ~:/::~~,<~;\. ; :<~t.: The Freeman JL.Stice Cen1ar Key 'Nest Flor:da Date: Aprf! 4. 2OCi7 Mr. Chandler: We Qre pleased to subr..,it our pr:)posOI for consulting services; providing field A'r and water tes'ing os per ASTM E-l105 o:1d AS~"'/, E.7!33 for the exterior windows, os per diert reql".est fOf your revIew and approval. ~cope 0' SeRVICES: Phase 1: 1. Jobsite Testlno and Reoort Services MCWC's s1aff WU supply manpower. equlpr:1ent and moter:als os required to perform JObsite Air and We ter infiltration tests en installed wIndows. per ASTM standard ASTM E~ 783E and ::-1105. Testing will be performed to confirm that installed exterior g,azi"9 systems meet the specified performance crj"erio for water penetratIon resistarce. A. Reid Water 'ests (ASTM.E-783), MO "est at fv..to different specimens, writing reports and report preporotions@ $2.000.00 per test, ................... ..... "..,.........,... ......$4.000.00 B. Field Water Tests (ASTM-E-l1G5), !\No fest at !v/O different ~pecimens, writing reports and report preparo'iors@ $2,CKXJ.OO per test. ...........,...........,............,...., ..$4,000.00 Total cost................... ,............................................. .................. .$8,000.00 ~4!04/:0a7 18:50 3057"'053~5 t1(;',JC/ ,JRMA r':,;;E 03/1:3../ ~~Ddftioru arId ~Iu.!rons ConditIons: 1. MCWC requj,~s S3,JL,,~OO re'dl~&'. ~r(. c:.::lcr:ce \Viii c:e uc,m .t~e fir,:' cC:.T,pfeticn ':/ 're reports 2. ~Gte C:xd: CCr,sulfr~g and hs~ecrQn "er/CE:s \'/;i be ~6r-:;rr:1ei..i at O'_lr :;tc:ndard ;:,;t6$ os ns'ed be,c'/.;: Principal,.".."...."..."...",.",...... ..........."........ ..$1 75/hr. Professiona Eng;fl<3ei'/Kegiste'9d Arcl-ifQci......,.$175/ilr. Senior Arch'tect ona Cor;su!tants... ..,...." " ...$125/hr. inspector........,..".. ....,....,. ,.......... ,..... ....".".....$ 95/11r. C!ericel ServicGs.......,,,..... ,.... ....................... ....$ 3Shr, 3. ~ei.Tbutsoble expenses hclude ~ravel outside o~ !I/rarni-Dade cnd Broward Ccunjes, O/1Q dstance telephone cnarges, messenger services. film end repro<.JUct:on costs. 4. ,riSuranca cerifficatas wit be provided upon execution of tlfis ogreement. 3. Payment terrrs are 30 days let. A crarge cf 1.5% per morth 'Nil be charged on all cost dJe accounts. 6. Repeated field Air and woter test:ng taihJras 'Mil .be blleCl in oed/tio/1 to the contrect, same day and SCl"lie mock-up, :ncludlno tre reoOO Clnj report praoorotions ($350.(0 per testl. Repeated tests are all those after the 1 # 'armal test. Any addiriorol tests or I ,jifferent dates w'U be cha;ged at $2.000.00 for air and water tests. 7. AU MCWC's inspection ser'vica prices ore estimated basecl upon 0:'16 'riSpection and one re-iJ1~pecHon. Third inspection of any deficiercy (if any) wlI1 be ch:7gec as additlonOI servtces which should be bock chorged to the cortroc'or. Exclusion. I . The sUQpOrting sM.cturo, bl,.,ild:ng skeleton. floor scbs ond embedment, or.d any other structural work are not to be certified by MCWC. We will report conditions, which ',Va 'Nill deem inadequate, for revIew by 'he ONner, Project Archi70ct and Project Structural EngIneer. .2. MCWC 'will net conduct any hstMY'enta/ ali;;lnm;:,nt and meoSl,;rer'i6nt checks. QuaUfied persornel on behalf of the owner, contractor end sub-ccntracfor os cppropriate shovld c.ond;;ct a certified survey OS reqlJired. General alignment will b9 verified. 3. When de/iatiofiS or d6~icienc:es ara ooserYed and reported by us, MCWc:. will (eq\...e~t that the EnQlneer of ~ecord for e.ther the stnJc~I..Ife or the exte;ior wail apprcv(-: rern ediaI jet ails. 4. Prices do no. incklde sco~fO!ds. crO.'<SS, ~coff'Old cper':IiOrs, or sirri;Qr access equipment that niOy be required dUring ir.sooc';on or testing. 2 J~!04/~J87 :0: 50 31357405355 MClJC/JRHA PAGE G~/04 Sf-':):)d 'yOli ~G've Q(y Ol)es~:Cri3 rega~ding ~h's 'rfGr~-ct~)", Pi~<.,~,e do ...-,:::t h<:::;~':J'e +0 cd uS ot ,:I.Jf O;fC2. Re~r;ectful1y 5Ub~,\ ~~~'--l.\~ "' :8ff Choopcni, AlA '- c--......... Principal _ _._" ! 1V,:QMi Cur1ain Wall Cons~ltants, Corp, ! This p'OpOSal Is subject to CI1cnoe if not exec,J~ed '1v1thin .30 days. Feese advise your accepto1ce by retumfng a signed copy of thIs proposol to MCWC. Accepted by: SiQnatu~e Date 3 The To\ver Group, Inc. 405 sw 148 Avenue Suite One Davie, FL 33325 Phone: (954) 476-3200 Fax: (954) 474-3111 CHANGE ORDER REQUEST No. 00093 TITLE: Exterior Light at Stair #3 DATE: 3/29/2007 JOB: 0417 CONTij;\Cl ~Qi ;... ill"~'. _, '<~ '_'I ,,-~ PROJECT: Freeman Justice Center (FJC) TO: Attn: Clark Briggs Monroe County Facilities Development I 100 Simonton Street Key West, FL 33040 Phone: (305) 295-4306 Fax: (305) 295-4321 ~ \ G ) if \- -\ . r~ ? ; I ,,:-'"I':::;\,~''' ~\f' '.\ \.: t1- RE: K t f) To: !-t ... DESCRIPTION OF PROPOSAL An exit door and stair were added at Stair #3 as part of the Security Upgrades (Re: C.O. # 12). These changes, however, did not include a code-required exterior light fixture at this new exit. Change Order Request #93 proposes to furnish and install the conduit, wiring, accessories and light fixture for an increase to the Contract Price of $920.90, and no change to the Contract Time. From: (' ~ f~ Number: Item 00001 00002 Description Stock# Materials Costs (less sales tax) Labor Costs (less burden) Quantity Units /000 /000 Unit Price Tax Rate Tax Amount Net Amount V"" $541.16 0.00% $000 $541.16 $17275 0.00% $0.00 $17275 /' Unit Cost: Unit Tax: Unit Total: Subtotal: $713.91 $0.00 $713.91 $713.91 Description Sales Tax on Item 00001 Labor Burden Profit Markup Percent Markup Amount $40.59 - $95.01 v 10.000% $71.39 .-- Total Cost: $920.90 ~ '\ \ \ \ \ g~~~~:P~~~ NCDoC')~oooo ~:5 f:;-I ~ o ... 2owwwowO ;:) D:: 6~~I=i8i j~~~~I~oo \ !~ It; :g ~ ~ i ;e :: 8 ~.~ ....:cbNN . iii9'"a:.......~ -I~. ...._ ~; . ~~ ~6 -II- w I- 2:Ewouuw:Ew ;:) ~';~~H~H f:a..... ~ ~!S..~~ .. ~ ~1L~i2w ~!i ~mO~iD::lt:iiS2 8E~GIJ!!8:Jt;~ C') ~g....~~ ~I&. D:: 9'" :IE 11. c c t! ... .... (I) I:: (I) zt:wwww~ww ;:) Q ')- I-O....N...........O.... OM _ '1\..<:":: " - \.: :;~;'VE'" ~'(. _. i .~, /" "... : ~ I ' I I ~'\ (: .. f::::- ')\ \\\\ II)U)",CG>>... 0.....0...1010 ,..: N ..; ..: !.I" .....0)... -.11) . . (l)i~ -I ~~ fa:8 "'0 ... ~Iala e foOD::Z ~ow 9'"ji = ;:) CD ~ .' f I i " '\ QUOTATION [, \, , 1850 ~.E. 146 Strett - .\Iiami. Florida 3318IlS.\ Corporate Office: 1305) 947-5451- F\X (305) 1)40-3450 \n~w.farre}s.com - [-'Iail: (arre}s.agate.net Date: QUl)tt: Project: Page: 03 27.07 TYPE SD FREED~IA" JLS nCE CT"TER I ,'~ II< ,",I,'''. \ Qllotation~ubmitttd by: 'Illnn) "Iaceiras Direct Line: (305) 919-0151 Cdlular: (305) 812-1313 i'{ Prices quoted: F.O.R"tiami i \;: ')j Prices ~alid for: I)()DA YS Lead time: 60DA YS . .;/:: lB/l!,eJ on avat!.lbihl). as of abo,l(\il;~~r.! ion v. (\ .;.:' -- - !~. ~"-- r '" j Presented to: THE TO\-\-ER GROUP ATTN: JOSE CLAUSELL Terms: Prkcs quoted are based upon quantities listed, Any changes", ill 10\ a/idate quote. Order ",ill be processed upon n:<,:y'ipt of (I) Signed ilpproved quotation; (2) Purchase Order confirming quantities Qt, \,.nlT\ nPE CATALOG ,'"{ MBER .\I'oD DES<RIPTlON lNIT PRICE TOTAL PRICE I SD ~ICG CWV:'OMH-277V-2S-WH_l 5337.50 $337 50 I FREI(JHT fNcnMlNG S55.00 $55.00 \LL L~'IPS I-'CLlDED ~l <r;'c rA~ SJn.~1J COMPLETE QLOTE :\-It ST BE: l"SFD,:\O P.\.RTrALS i.\X ~~~ 'I IAI.L QtOT.\ rrONS\.RE Sf BJECT TO APPRO\- .\.L. r. JT.\L .;,/:, I -~ The Tower Group, Inc. 405 SW 148 A'venue Suite One Da'vie, FL 33325 Phone: (954) 476-3200 Fax: (954) 474-3111 CHANGE ORDER REQUEST No. 00094 TITLE: Out-of-Sequence Fire Sprinklers DA TE: 4/1 0/2007 JOB: 0417 CONTRACT NO: PROJECT: Freeman Justice Center (FJC) TO: Attn: Clark Briggs Monroe County Facilities Development 1 100 Simonton Street Key West, FL 33040 Phone: (305) 295-4306 Fax: (305) 295-4321 RE: PCD To: TTG- DESCRIPTION OF PROPOSAL Change Order Request (COR) #94 seeks compensation for the costs incurred to remove and re-install or re-route fire sprinkler piping ;h:::-:fd,:'i: :::f;::::nHs::::e:~~i:::::::::~~::::'~SM007' cnpyattached. fif II II Please process a Change Order in the amount of$2,955.05 for this extra work. MONROE COUN1V I 1 f FACILmeS DEVELOPMENT.! I I ,.. i ~ " '-1 ,.'] I' "R(;') j 1 I, " L,!; " ,- 'I - I I ,", I 0 (\ . (, 1ME: V'-'- ' ?l;('EMD I'\V: From: S;t''-f.1Je:''Jh)r-c Number: S'M ceo! Item 00001 Description Labor and material costs (less sales tax) to remove and re-install or relocate fire sprinklers and piping to accommodate out-of-sequence duct installations on the 1st floor (peO #SM007) Stock# Quantity Units I. 000 Unit Price $2,790.48 Tax Rate Tax Amount Net Amount 0.00% $0.00 $2,790.48 Unit Cost: Unit Tax: Unit Total: Subtotal: $2,790.48 $0.00 $2,790.48 $2,790.48 Description Sales Tax 5% Profit Markup Percent Markup Amount $25.05 5.000% $139.52 Total Cost: $2,955.05 SprinklerMatic 321 I ;\011h -;-.Hh Avenue ifolly\\ood, Florida 33024 PROPOSED CHANGE ORDER No. S:\I007 Phone: 954-.986.1106 Fax: 954.986.1109 DATE: 3/21/2007 TITLE:Out-of-Scqucnce HVAC Work PROJECT: Freel11~:n Justice Center (FJC) TO: JOB: 0.+ 17 CONTRACT :\'0: 0'+17-015 Attn: John Chandler The Tov,:er Group, Inc. .+05 S\V 148 Avenue Suite One Da\ie, FL 33325 Phone: (954) 476-3200 Fax: (95'+) -P.+-3111 RE: To: DESCRIPTION OF PROPOSAL This Proposed Change Order addresses the extra labor and material costs to facilitate out-of-sequence ductwork installations and modifications. Item Description Stock# 00001 Material to remove and re-install 1-1/2" main and branches. 00002 Labor to remove and re-install 1-1/2" main and branches 00003 labor to remove and re-install tire sprinklers in Rooms #2028. #2041 & #2063 ~OO04 Labor to remove and re-instJII lire sprinklers in the penthouse 10005 Labor to remove and re-install tire sprinklers in Rooms # I 006, #1019,#1020,#1055,#1057& #1058 j()006 Per Diem (2 men Ii]! $7500/man/day) 10007 Housing (2 men ''I]J $ I 25.00/manJday) From: Number: Quantity Units Unit Price Tax Rate Tax Amount Net Amount 1000 $334.00 0.00% $0.00 $33400 1000 $25500 0.00'% $0.00 $255.00 1000 $340.00 0.00% $000 $34000 1000 $127.80 000% $000 $12780 1000 $680.00 000% $0.00 $680 00 2.000 days $15000 o OO~o $0.00 $300 00 2.000 days $250.00 O.UO% $0.00 $500.00 Unit Cost: $2,536.80 Unit Tax: $0.00 Unit Total: $2,536.80 Subtotal: S2,536.80 Description Sales Tax on Item 0000 I Overhead & Profit Markup Percent Markup Amount $25.05 10.000% 5253.68 Total Cost: S2,815.53 .':Tv.-. --:../1!jl." '.. ; :W ". & f!1J ADJ:OMA TIC FI~E SPRINKLERS, INC. . ~~:'_~~'~::'r~.I..!? <" ,'~):i~J"~;.;' '.~{'~.I';\;..:.' .....:~...~~. ..:.7~~. "~'1Si'", . . \ . . > ';'.' <' ~ . ~ ) ,'~ - - ; ~_.'~- ~_-----.~- \1arch 9. 2007 John Z:lk The Tower Group 405 SW 1--I8th A\enu~ Davie, FL 33172 Re: CHA;\1GE ORDER # 8 Fax: Freeman Justice C-:nter. Key West 954-424-2524 Dear John: This letter will serve as an amendment to the above sub-contract for changes described below thereby increasing the sub-contract by the sum of .1f'le'5..~ Description of Changes: · Freeman Justice ticket work as requested and allowed by . 1.30.07 · 1.30.07 . 1.30.07 · 1.30.07 pe.y'DI<_ ~ /-Io~.s4 680.29 392.70 147.26 785.40 6cQ, co E"c/usions: · Alarm/Electrical Wiring · System Shut Down Fees, if applicable · SprinklerMatic will not be responsible for existing deficiencies with the system. · SprinklerMatic will not be responsible for existing deficiencies with system · Cutting, patching, rITe stopping or painting · Fire Extinguishers · Work outside nonnal working hours ~ ~ ~ ~ 0 Wi rnrn o(\i{ 15 )(07 .' ~,. , 1'.. .. The Tower Group. Inc. No work shall commence without this signed authorization. Please feel free to call with any questions. Thank you. Print Name and Date Ti O'Brien Vi President I ,; Signature of Acceptance 3211 .;VtJtt4 74t4lWmu.e. JloJffJl(IQt1d.!/l4Jrida 33024 954.9S6-11C6 pltNu · ~p'ritt.l'l&'tI1I.ati.Cil-'p~'UTUltkJtd · 954-9.S6-11C9 faa; ee#174314lJOOI97 FEB-8-2007 05:05P FROM: TO: 19549861109 I .."., -[J- ~ .~ .~ ."-,, v ~ ~ - '-fo;;. NUS CU1T.M~pr1ntlng .."'ICO '.000''"-4321 NESS, ,'C 0<"'""'..... 01'" _~.,., ~ .-.... Fill. ~CJ G 3G6~1 WORK ORDER 3211 No:1h 7~~'t Avenue. Ho:lywood, Ft. JJ:l24. 954-986.11ClS ~h' <;54.986- J W9:ax. eel', 174JI4OO'JII9'nrS6072JCXXlI2)JS DATEl_ 3D -07 7ECH #'2; SERVlCIi: EMERClENCY SERVIce: (Mil< J Iill) ADDENOUM TO COl'mlA~ CONTRACf CHANCE OIlDI!R: AMOUNT TOTAL MATERIALS SERVICE CALL CHARGE ifill. "'LABOR ... , OF1lIOINJClANS Hli?O 1oIAH(!tnI~ 11....\ $ZJ3 s IOF'I'IIOOIIClANS_e S PEl HRIPER UANtE-.wnn TOTAL LABOR s SUBTOrAL s 0 SALES TAX S f GRAND TOTAL , $ , I /3,;; C> DO NOT PAY FROM WORK ORDER. INVOICE TO FOLLOW P.2 FEB-O-2007 05:04P FROM: , TO: 19549861109 --.....:- I v ~ _ _ _ _ _ ~ _ ~to<llo~ NE!J CUST41Ilol~prlr, ling .ervto. l.~ ~8lI-=7 NESS, ''"' 010101', ..... 01471 --...- co... ...... -~ ~... No: Q 361~4' Sp ..:Mmc"....".m..."c WORK ORDER .121 I Ncrn i4lh A\'"",,,,. Hc!ll"'ood. A. 33024 -95-1-9B6-1I06 rho ~986-1109 ru. CU', 1 i4314OO:l11ml56J72300012:xJS wO#: , OllTE:l_ 3D-~ TECH 1'2: -r.:CH #1: I I I I 1 I , QTY. MATBR/AL USED PRICE AMOUNT TOTAL MATERIALs s SERVICE CAlL CHARGE s 110.00 ItfIl ..~OR." 1+ I OI'T1!CIOOC1ANs ? .. -PER HRJPmI. MAHl'!tN&'_ '"-' S '3.'10 IOFTIlOINlClAHI_.. PEIl Hlt'Pl!R M.<\NILn. , Ji"tft s TOTAL LABOR s {" /.r SUBTOTAL $ j ?'-l r I 0) SALES TAX q" 1 ',}) 1 HER~ ~ ~~ETHE lorJ.5 GRAND TOTAL f s f COMP '-VED -~ T~4fl.I4. U6-., ~ I / 3li 0 DO NOT PAY FROM WORK ORDER -INVOICE TO FOLLOW '- P.l FE8-D-2007 05:03P FROM: TO: 19549861109 i ".", -f,--l- y ~ .." ',.; -..;;' "wi V R"'jO~ NEBKIJSTO"'~~"Njn~ .......'c. 'cOO~7 "'=85, '"C <3<0"", 1M 01471 --NQo"''ll ~. '--.. RoI,No(l~l - WORK ORDER 321 J .-'cnI174th Avenue. Hollywood. FL 33024. <lS4.<r.o.ll06 ph. 9S4.9S6-1109 ~. CO'. 1743 :4,)XJJ 1 997/5U0123COO12X<5 WO#: TECH 11: SERVICE: o ~=:~~ll< lHR. 0 o o ADDEND!:M TO CONTRACT: CONnACT OiANOE ORDER: QTY. MAlBUAL useo PRICE AMOUNT TOTAL MATERIALS s SERVICE CALL CHARGE s 110.00 ;HR- ..'LABOR... * :~ # OP l'ECIiMClANS . PER HRil'ER MANI!Ir.I... T!""'I~ snl.~ #OPncHNIcrAHJ_. s PF.A HM'U NAN~"""<;l1rl1) S TOTAL LABOR s SUBTOTAL S/~D ,1-? SALES TAX SlY).) ~ ~~J oNS GRANDTOTAL ts ] 1"10.. llAll:.Wt&g / 130/ Of DO NOT PAY FROM WORK ORDER . INVOICE TO FOLLOW I I P.2 I FE5-G-2007 05:03P FROM: T - , TO: 19549861109 - ~~ ~ - - - ~ v _ _~NUSCUSTGM~pr'ntlng .c/"Vlce 1~~ N€8S, " G.OOln,/;," 01.71 _n,boc,,", ....... ---e ~'t...a:oe.s~" WORK ORDER 3211 '10"111 74<11 Avor.'Je . Ho!l)'Wnod, R.. 330"..A 0 954-986-1106 plio 9*9B.II09 ~ . CCA'$ 1743 .4CfflII997IStmlnX)l:JJj wo#: DATE: TECH"": QTY. MA'IlOOAL USED PRlCS AMOUNT TarAL MATERIALS SERVICE CAlL CHARGE s $ 110.00 #HR. ...LABOR.... , OFTI!OlNICIANs 'u PO. KItJPP.a MANftrm... -n.-, IOI''I:EC'IOIK'lAJIII_e. PEIl HM'aIl MAH~ s DO NOT PAY FROM WORK ORDER -INVOICE TO FOLLOW P.1 4i () s- cu TOWER GROUP 405 SW 148 Avenue D.vle. FL 33325 Pho.... (984) 418-3200 Fax: (954) 474-3111 .1'01 Monroe County Facilities Development Attn: Clark Briggs Fax: (305) 295-4321 Fran John Chandler TellFax: (954) 476-3200 1(954) 474-3111 Pag... 4 ~I .... PhoneI (305) 295-4306 o.te: AprI13, 2007 u; ReI Freeman Justice Center (FJC) 0417 - 02576 CCI TTG/MO (COR-95), FF (COR-95) 16th JCIH.8omlna Sub'act: COR #95- Window Blinds w/o Arch Fans o Urgent o For RevltIW 0 Pi.... Comment 0 Pl.... Reply 0 PI.... bcycIe . Commenta. Dear Clark: Please fmd attached Change Order Request #95 proposing a $1,529.20 credit for deleting the arch fan blinds from the Type · A' windows as requested by the 16da Judiciary Circuit. If you have any questions, plea.. call me at (786) 367-0549. ~ dler, Project Manager <>^/~ ~ Sincerely, .l-; V<>/ / ~ <> ~V_"t,II~/,UV' .J.......l....., ..~....t.. -.IV, ....6V V""'1:V-L ....,.'4...._~ _"_"'_'___~.~__ .- The Tower Group, Inc. 405 SW 148 Avenue Suite One Davie, FL 33325 CHANGE ORDER REQUEST No. 00095 Phone: (954) 476-3200 Fax: (954) 474-3111 TITLE: Delete Arch Fan Window Blinds DATE: 4/13/2007 JOB: 0417 CONTRACTNO<<m~c~ FACILmES DeVELOPMENT PROJECT: Freeman Justice Center (FIC) TO: Attn: Clark Briggs Monroe County Facilities Development 1100 Simonton Street Key West, FL 33040 Phone: (305) 295-4306 Fax: (305) 295-4321 APR 13 :__. TIME: RECEIVED IV: RE: PC,o To: TTG- From: I\JS fIN Number: N.S(Ak~o I DESCRIPTION OF PROPOSAL Detail 4 on Gonzalez Architects Drawing #A6.07 shows an arch fan blind at all Type 'A' arched windows (19 total). As these blinds are inoperable, CSA has recommended and the 16th Judiciary have requested that they be deleted. Change Order Request (COR) #95 proposes to deduct $1,529.20 for deletina the material and installation costl of this work. Item 0000 1 Description Material Deduction (He: PeO irnSW001) LAbor Deduction Stock# Quantity Units 1.000 UnH Price ($1,210.00) Tax Rate Tax Amount Net Amount 0.00% $0.00 (51,210.00) 00002 -19.000 manhoUTI 516.80 0.00% 50.00 ($319.20) Unit Cost: Unit Tax: UnJt Total: ($1,529.20) $0.00 (51,529.20) 8xpodltlaa e !I~< I! ~ ~ II - -........ National Stage and Window 236 South Military Trail Decrfield Beach, FL 33442 PROPOSED CHA.~GE ORDER N o. ~SWOOl Phone: 954-428-7171 Fax: 954-428-7237 TITLE: Graber Blinds wlo Arch Fans PROJECT: Freeman Justice Center (FIC) TO: Attn: John Chandler The Tower Group, Inc. 405 SW 148 Avenue Suite One Davie. FL 33325 Phone: (954) 476-3200 Fax: (954) 474-3111 DATE: 4/13/2007 JOB: 0417 CONTRACT NO: 0417-022 RE: To: From: Number: Item DelcrlpUoD Stock# 00001 Pumi.h Orabel' TndltiOl\l 2" wood bllnda without arch f_ QuanUty UnitJ 1.000 Unit Price Tn Rate Tn:: AmouDt Net AmouDt (11.210.00) o.~ $0.00 (11.210.00) Unit Cost: Unit Tax: Unit Total: ($1,210.00) $0.00 (51,210.00) By: By: lohn Chandler Gary Stein Date: Date: Bxped/IlDa e e4/11/20e7 ~7:31 9544287237 ~w L. NATIONAL STAGE t-'l-"i;I~ I:JJ.I (~'" ~ '-i rc: Dliu:_ -I (~ 2_ p(!,~,,; ..j) N S t.i t"; 0 i Attention: _ :r o.1t ~ . FAXt ~ S'1.- L{ 1 Y -'!,/II From: _(.,..A.A.~ ~(,.J NumbfJr 01 Pages I ---1. WIND<nv COVERINGS STAGE"CURT AINS PROJECTION SCREENS PIPE GRI.D SYSTEMS TV MOUNTs (lncludma Cover Sheet) FIRE CURTAINS . P (L-o:! f...I!/l: . fRLE-iw1,J 1"~mcL ~BICLECVRTA1NS MesBRle: ~)4t.> (.s 1:lf~ ~QlT f;>R.' ...J...4fPL '( l~ 6t Gr~~f.t< T~l')~ S. ';}~{ tAl () 1\') ~ lc1AJ fL~ l.iLJ.:1::tf b C(T w (, {} j) At<CH fA}.l~, . . m CPi>!! _ -t.J1J..OtOO . , _I . f L W P IS S la. tl C.f.( II'tJ 6<. E. . oglU...e PD R 7'V/.,r.. - , (Mallin. Addl'esll: P.O, Box 445'7) 236 S. MiUtaJ'y Trail, DecrfteJd Beach, FL 33442 336 South Military Trail. Oaerlielcf Beach, Florida 33442. Tel.: 954/428.7171. .Fax: 954/<42S.7230iJ . . MEMORANDUM TO: Board of County Commissioners From: Thomas J. Willi County Administrator Date: May 4, 2007 RE: Change Orders Attached is a proposed change order for The Tower Group, for the Freeman Justice Center. (Change Order #31 is for the amount of $86,182.62. See attached list.) 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, May 7,2007. C~~ /.'V ~--~ " ..t (PI (,/,-- /'-'. Thomas J. Willi (. /./Vk.k~ Administrator 71-- - 1 TJW: ode .t'age 1 or 1 Campo-Abra From: Campo-Abra Sent: Friday, May 04,20072:52 PM To: County Commissioners and Aides Subject: Freeman Justice Center Attachments: 00004698_595.tif Please review attached Change Order #31 from the Tower Group. Abra Campo Sr. Administrative Assistant OffIce of County Administrator 1100 Simonton St Suite 205 Key Wes~ FL 33040 (305)292-4445 ;/4/2007 'AlA Document G70fM - 2001 Change Order CHANGE ORDER NUIBER: 00] DATE: May OS, 2007 OWNER~.~ ARCHITECT: r8I CONTRACTOR: r8I AElD: 0 OTHER 0 PROJECT (Name and add~1r): Sheriffs Office Roof Replacement Marathon, Florida TO CONTRACTOR (Name and address): D & J Indwll:ies, etc. Ine. PO Bolt 430674 Big Pine Key, FL 33043 ARCHITECT'S PROJECT NUMBER: MK-06065 CONTRACT DATE: May OS. 2OfJ1 CONTRACT FOR: Geneml Constnlction THE CONTRACT IS CHANGED AS FOLLOWS: (lnclutk, where applicabk, any undisputed amoum attributable 10 previously executed Construction Change Directives) Demolition exposed an existing condition of ]/2" plywood roof sheathing on part of the roof. A change to the'original contract is required to provide a minimum 518" pressure treated roof sheathing as requited by code and City of Marathon building inspector. The total area of the roof is approximately 2,450 s. Ii. Concrete ballast exists in two areas with a total of approximately 600 sq. ft. These areas do not require additional plywood. Accordingly. it is estimated thaI a maxillD1m of ].800 sq. ft. of 518" sheathing must be applied to the existing structure. The negotiated price for this work is S7.00 per sq. ft., or a maximum of $12,600.00. The new plywood is to be installed per the instructions provided in response to RFI 3. Areas found to have a minimum of 518" plywood sheathing. ~ncrete baIIast, or concrete roof shall not have additional plywood installed. The original Contract Sum was The net change by previously authorized Change Orders The Contract Sum prior to this Change Order was , The Contract Sum will be increased by this Change Order in the amount of The new Contract Sum including this Change Order will be The Contract Time will be increased by forty five (45) days. The date of Substantial Completion as of the date of this Change Order therefore is July 5, 2007 NOTE: This Change Order does not ~de ch3nges in the Contract Sum, Contract Time or Guaranteed Maximum Price which have been authorized by Construction Change Directive until the cost and time have been agreed opon by both the Owner and Contractor, in which case a Change Order is executed to supersede the Construction Change Directive. $ $ $ $ $ 125.000.00 0.00 125,000.00 12,600.00 137,600.00 NOT VALID UNTIL SIGNED BY THE ARCHITECT, CONTRACTOR AND OWNER D & ] Industries, etc. Inc. CONTRACTOR (Firm 1Il1me) PO Bolt 430674 ~'- .:~~~) - David W. Schlapper (Typed name) May OS. 2007 DATE Monroe County, FL OWNER (Firm name) ] 100 Whitehead Street ~FL~ , ~~.~ /- fl'-j~ BY (Signaturil) - . Robert A. Stone (TypuJ ntl1M) May OS, 2007 DATE \. Q~;1u ctlcic sj;ola 1 AlA 00cu1Mllt 0701111 - 2001. CQpyrlght C 1979, 1987. 2000 and 2001 by The ~can Inslftute of Archltocts. AQ righbl ~ WAANING; This AlA" Documenll~ pro1eoted by U.s. Copyright Law "nd IImrl\1lllonal Trllllliell. Unauthorized feproduelion Of distribution of this AlA' OoCUIn9l1I. or any 1 portion of It. may 19su11 in !leVel" civil and criminal penolll4s, llnd wla ~ prosllcullld 10 the moxlmum extent pO$$lblll undE1f the law. This document was produced by AlA software at 07:48:t5 on 05lO9l2OO7 underOrder No.l000287063_t which expires on 1112/2007, and Is no! for resale. UIer Not..: (t58t327254) . Campo-Abra From: Campo-Abra Sent: Wednesday, May 09, 20072:57 PM To: County Commissioners and Aides Subject: Change Order Attachments: Change Order#1D. & J. Industries Inc.pdt Please review the attached Change Order #1 for D. & J. Industries, Inc. for the Sheriff's OffICe Roof Replacement. Abra Campo Sr. Administrative Assistant OffICe of County Administrator 1100 Simonton St. Suite 205 Key We5C FL 33040 (305)292-4445 5/9/2007 MEMORANDUM TO: Board of County Commissioners From: Debbie Frederick County Administrator Date: May 9, 2007 RE: Change Orders Attached is a proposed change order for D & J Industries, Inc., for the Sheriffs Office Roof Replacement. (Change Order #1 for the amount of $12,600.00 is for installation of 5/8H pressure treated roof sheathing.) According to the ordinance adopted by the Board of County Commissioners, proposed change orders are to ~ 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 Thursday, May 10 2007. Qiuc:hdG Debbie Frederick Deputy County Administrator DLF:adc MONROE COUNIY / ENGINEERING /FACILITIES DEVELOPMENT CONTRACf CHANGE ORDER PROJECT TiTLE: Tavernier Fire Station CHANGE ORDER NO: 4 INITiATION DATE: 04113/07 CONTRACT DATE: August 16, 2006 TO CONTRACTOR: Overholt Construction Corporation 10460 SW 1SfhTerrace Miami, Fl 33157 The Contract is changed as follows: The original (Contract Sum) (Guaranteed Maximum Price) ... ......... ... ......... ...... ... ... .... $984,458.00 Net change by previously authorized Change Orders ......... ... ......... ............ ......... ...... $22,485.37 The (Contract Sum) (Guaranteed Maximum Price) prior to this Change Omerwas ......... $1,006,943.37 The (Contract Sum) (Guaranteed Maximum Price) will be (increased) (decreased) (unchanged) by this Change Order ... ............... $4,621.03 The new (Contract Sum) (Guaranteed Maximum Price) including this Change Order is... $1,011,564..40 The Contract Time will be (increased} (decreased) (unchanaedl by ......... ............ ......... N/A The date of Substantial Completion as of the date of this Change Order is . _ _ ... '" ... '" ... .. July 28, 2007 Detailed description of change order and justification: Exlstino orade beams went discovered under the exIstIno floor where new footinas and Dads went to be insIaIIed. Removal of these orade beams Is reoulred to orooerlv InstaU the foundation of the new walls. Removal of orade beams OVerholt CflMtTuctIon - 5% Total U.400.98 220.05 U.621.03 This Chanae Order Is .41'" the orIGinal contract amount. C and Contractor ARCHITECT: 5- -07 Date SZ07 Date CONTRACTOR: DIRECTOR, FACILITIES DEVELOPMENT: $-- COUNTY ENGINEER: :--lltJ1 Date COUNTY ADMINISTRATOR Change Order Attachment per Ordinance No. 004-1999 · Change Order was not induded in the original contract specifications. Yes ~ No D If Yes, explanation: The existence of the grade beams that went to be removed could not be anticipated since they wwe under the existing buIIdng. · Change Order was induded in the original specifications. Yes D No ~ If Yes, explanation of increase in price: · Change Order exceeds $25,000 or 5% of contract price (whichever is greater). Yes D No ~ If Yes, explanation as to why it is not subject for a calling for bids: e Project architect approves the change order. Yes ~ No D If no, explanation of why: · Change Order is correcting an error or omission in design document. Yes DNo ~ Should a claim under the applicable professional liability policy be made? Yes D No ~ Explain: IIVE'.'lT CONSTRUCTION CORPORATION IIVE'."T RESIDENTIAL CONSTRUCTION INC. CGC 058205 CGC 057740 penence In out 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 Change Request I Number: 7 Date: 4/13107 Job: 2006-1010 Tavernier Fire Station #22 Phone: To: Matthew Fowler, Architect 21 Ships Way Big Pine Key, FL 33043 Ph: 305-872-4828 Fax: 305-872-1170 Description; MCF Removal of Grade Beams Running thtu 6' x 6' Pads Reason: Unforeseen Condition Initiated by: Pries, Teresa (Overholt Construction Corp_) We are pleased to offer the following specifications and pricing to make the fo/Iowing changes: Where 6' x 6' pads were dug out existing Grade Beams were found under (4) pads. Grade Beams need to be removed in order to set proper depth for the pads as per contract documents. See attached Change Order from MCF, photo documentation, RFI #20. Description Removal of Existing Grade beams under Pads Price Subtotal: $4.400.98 $4,400.98 $220.05 Contractor's Allowed OH & P 5% T olaf: $4,621_03 Submitted by: Pries, Teresa Overholt Construction Corp. Approved by: Date: 04/13/2007 14:34 FAX 13054515339 !!feF FRAn~G i4l 002 ---~. '-" ~ !< CHANGE ORDER PROJECT: Overholt Construclion 10460 SW 187 'ferrace Miami, FL 33157 CONTRA,CTOR FIELD - OWNER_x_ CHANGE ORDER 1'.'0, ~ DATE; 4110/2007 CONTRACT DA TE: CONTRACTOR: MCf fr-.iming & Trim, Ille POBox 2388 Key Largo. FL 33037 CONTRACT FOR: Demo Existing Grade Beams in 4 Areas FIRE $T A nON 1f12 - T A VANIER Addition Change Order Where 6 ft. x 6ft. pads wvere Dug out we found existing Gntdc Beams running througb fOur /41 of these pads. It will require removal of these Grade Beams in order to set the proper depth (or tbe pads as per the blue prints. rOT AL CHANGE ORDER NO : d?. S4,400.98 Cost Detail Labor: 2 Men S Days @ 8 Hq.. Per Day ToulSO HI1i. @ S50.OOIhr. = $4,000.00 Rental Equipment: 900 Chipping Hammer I Week .Rental $.308.00 Delivery 65.00 Saln Tax 27.98 T ota' NOT V A, LID 'NTrL SI N The original contract sum was Net changes by previou$)Y authorized change ordt:rs The Contract Sum prior to chis change OTder was The Contract Sum will be increased hy rhis Change Order in the amount of The new Contraer Sum including ti'.;s C der' The Contra(1 Time will . CT. Overholt Construct) 10460 SW 187 Terrae Miami, FL 33 I 57 unknoWn is plus unknown MCF FRAMING & TR.1M, TNC. POBOX 2388 KEY LARGO, FL 33037 RY COnLT3etor By: Sub-Contractor DATE: DA TE:_ llIESBIlT llIESBIlT g~g~:~ CONSTRUCTION CORPORA TIOH RESIDENTIAL CONSTRUCTION INC. CGC 057740 Experience in South Floridtz Sinee 1948 Main Office - 10460 SW 187 Terrace Miami, FL 33157 PH: 305-234-96n 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 RFI , To: Matthew Fowler, Architect 21 Ships Way Big Pine Key, FL 33043 Ph: 305-872-4828 Fax: 305-8n-1170 RR': 21 Date: 4/512007 Job: 2006-1010 Tavernier Fire Station #22 Phone: cc: WBson, Kevin (Monroe Cnty Cansti' Dept), Connier, Carl (Monroe Cnty Constr Dept), Ingraham, Cheryl (Monroe Cnty Constr Dept) Subject: -A- Foundations & Existing Grade Beams DrawIng: Cost Impact: YES T & M Spec Section: Schedule Impac:t: None Requnt: Date Required: 411012007 SeveraJ of the -A- Foundations have existing grade beams that need to be removed in order to place new reinforcing mats. F'tease advise. Upon approval, subcontractorwlH proceed on a T & M basis Requested by: Pries, Teresa Overholt Construction Corp. Response: Please remove exisflng concrete confIict(s) as required for construction of these foundations. Thomas Timmins 4/11107 Answered by: Timmins, Thomas Thomas M. Timmins, P.E. Answered date: April 11 , 2007 MEMORANDUM TO: Board of County Commissioners From: Debbie Frederick Deputy County Administrator Date: May 11, 2007 RE: Change Orders Attached is a proposed change order for the Tavernier Fire Station. (Change Order #4 for Overholt Construction Corporation is for $4,621.03 for the removal of grade beams discovered under existing floor where new footings and pads were to be installed. Removal of beams required for proper installation of foundation for new walls.) 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 Monday, May 14 2007. ~-.......... -'1 ~ '\, ---1 . // Z?-:~/)/(/ ('/;;". c/~. Debbie Frederick Deputy County Administrator DLF: adc Campo-Abra From: Campo-Abra Sent: Friday, May 11, 2007 12:31 PM To: County Commissioners and Aides Subject: Change Order Attachments: 00004834.pdf Please review the attached Change Order #4 for Overholt Construction Corp. for the Tavernier Fire Station. Abra Campo Sr. Administrative Assistant OffICe of County Administrator 1100 Simonton St Suite 205 Key Wes-e PL 33040 (305)292-4445 5/11/2007 r a~c I VI I MONROE COUNI'Y / ENGINEERING /FAClllTIES DEVELOPMENI' CONI'RAcr CHANGE ORDER PROJECT TITLE: N. Key Largo Fire Station #25 CHANGE ORDER NO: 14 TO CONTRACTOR: Overholt Construction Corporation 10460 SW 187lhTerrace Miami, FL 33157 INITIATION DATE: April 26, 2007 CONTRACT DATE: May 18, 2005 The Contract is changed as follows: The original (Contract Sum) (Guaranteed Maximum Price) ... ............ ...... '" ............ .... $2,030,500.00 Net change by previously authorized Change Orders ......._....... ...... ............ ......... ...... 85,974.82 The (Contract Sum) (Guaranteed Maximum Price) prior to this Change Order was... ...... $2,116,474.82 The (Contract Sum) (Guaranteed Maximum Price) will be llncreaseQ) (decreased) (unchanged) by this Change Order ......... ......... $1,916.25 The new (Contract Sum) (Guaranteed Maximum Price) including this Change Order is ... $2,118,391.07 The Contract Time will be (increased) (decreased) (unchanoed) by .............................. NJA The date of Substantial Completion as of the date of this Change Order is ... ... ...... ... ..... April 17 , 2007 Detailed description of change order and justification: The Kev UIfIO Fire DeoartIpent reauested that the front section of the fence be loweted from 6' to 4' In helaht and that the entire fence be vlnw coated f'lII:her than aalvanlzed metal. Lower he/abi In fence. credit $l1.200.00J Chame for vlnvl fence In lieu of aalvanlzed metal 3:026.00 Net $1.826.00 Overholt Construction - 5% 91.26 Total $1.916.26 Owner Arch ctor 5$)7 S .()7 Date Date ARCHITECT: CONTRACTOR: DIRECTOR, FACILITIES DEVELOPMENT: J 5--/. -L'7 Date 5/ 11-u) Date COUNTY ENGINEER: COUNTY ADMINISTRATOR Change Order Attachment per Ordinance No. 004-1999 · Change Order was not induded in the original contrad specifications. Yes ~ No 0 If Yes, explanation: The original specification called for a bare metall1alvanlzed fence at 6'. The requested change for vinyl at -I' Is proposed at the request of the building occupants. The 6' to -I' reduction Is from the S.W comer of the buHdlng to the S.~ corner of the fenced area. · Change Order was included in the original specifications. Yes 0 No ~ If Yes, explanation of increase in price: · Change Order exceeds $25,000 or 5% of contrad price (whichever is greater). Yes 0 No ~ If Yes, explanation as to why It is not subject for a calling for bids: e Project architect approves the change order. Yes ~ No 0 if no, explanation of why: · Change Order is correcting an error or omission in design document. Yes DNo ~ Should a claim under the applicable professional liability policy be made? Yes 0 No ~ Explain: OWl/IOIT CONSTRUCTION CORPORATION COC ClO1M 104e0 SW 117th Terrace ut.nI. FIorIcUl33157 Phone: 305-234-9677 Fax: 305-234-6535 CGC 022801 CGC 05n40 ~ ill South FIorido Sine. 1948 REQUEST CHANGE ORDER NUMBER Thirty Six (36) TO: Jerry a.nea DATE: M.,... 2007 ~ Col.1ty FadIIl:ies 0..1' ~,_,l 11 00 5IfrIcnJrl Streel.. RDom 2-21 e PROJECT: MaII~ County Fl,.. ~ n5 Key WeI:l. FL 33040 OCC JOB If: 05-1003 Fencing Upgrade COflt of 6' Fence wlIt1 6' Gatu $18,150.00 Cost of 6' Vinyl Coated Fel1Ce with 6' Gate $21,175.00 Dttference ... Cost for the Upgrade to Vinyl $3,025.00 Credit to Reduce Standard F~ and Gale at SW to .. 41.200.00 REMARKS: COST OF THE WORK $1,825.00 Subtot8I $1 ,825.00 0vemeId 0 5% $9125 TOTAL COST OF na VtIORk $1 111..2.!li RESPECTFULLY SUBMITTED, REVIEWED AND APPROVED BY, OVERHOLT CONSTRUCTION CORPORATION MONROE COUNTY BOARD OF COMMISSIONERS Rodney Overholt, Pro;ect MIII\8g8I' DATE: DATE: Apr 17 2007 2:23PM Florida Fence Corp. ~Fencecocp. P.O. Box 127 Tavernier, FL 33070 Name I Address Over Hoh CanstIuction Att:Fred Dillion 3DS4SI-4933 fax 786-m-5156 ceil Description Provide & IILllall Chai.o Link Fencing Key Largo Fire Home m.m. 106 To install 394' of (; lIIld 1S' of 4' chain link fence 1. Gatl:. WIll be !be foJlowing A. 1- 16'x4' ClIlItiIevcr g&Ic (does not include ClpClIBtor or cl~) . B. l-4'x.f' waB:thru&* C. 2-l0'x6' douhle drin: B*S D. J -4')(6' wan: Ihru gllte 2 Panel Slats around dumpster is included 3. Docs Dot include grounding offence . Price in Impated scb 4(} galvanize $16,950.00 4. To insta.lI18' of 6' instt:ad of 4' . add 1.200.00 to price (imported) It add 1.300.00 to price (domestic) Ill. add 1,500.00 to price (viny qustomer Signature Page 1 3058524324 p.2 Estimate Date Estimate f# 3/261200i 367 Project Qty Coat Total 0.01 0.01 ./ " /' ( ) 1 / " MEMORANDUM TO: Board of County Commissioners From: Debbie Frederick Deputy County Administrator Date: May 15, 2007 RE: Change Order Attached is a proposed change order for Overholt Construction Corporation, for the N. Key Largo FIre Station. (Change Order #14 is for $1,916.25 for the front section of the fence be lowered from 6' to 4' in height, and that the entire fence be vinyl coated rather that galvanized metal.) 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 Adm;nistrator intends (~~ tbis~ ' ge o~er,o: Thursday, May '7, 2007. . 0'j~Ucb7(ct Debbie Frederick Deputy County Administrator DF:cac rage 1 or 1 Campo-Abra From: Campo-Abra Sent: Tuesday, May 15,20078:54 AM To: County Commissioners and Aides Subject: Change Order Attachments: Change Order #140verholt Construction Corp.pdf Please review the attached Change Order# 14 for the N Key Largo Fire Station. Abra Campo Sr. Administrative Assistant Office of County Administrator 1100 Simonton St. Suite 205 Key West. FL 33040 (305)292-4445 5/15/2007 MONROE COUNfY / ENGINEERING /FACILITIES DEVELOPMENT CONTRACf CHANGE ORDER PROJECT TITLE: Murray E. Nelson Government & Cultural Center 102050 Overseas Highway Key Largo, Florida CHANGE ORDER NO: 1 INITIATION DATE: January 10, 2007 CONTRACT DATE: November 15, 2006 TO CONTRACTOR: AFCO Constructors, Inc. 1804 NW Madrid Way Boca Raton, FL 33432 The Contract is changed as follows: The original (Contract Sum) (Guaranteed Maximum Price) ...... ... ............... ................ $10,867,266.00 Net change by previously authorized Change Orders... ... ...... ...... ... ...... ...... ... ... ......... $ 0.00 The (Contract Sum) (Guaranteed Maximum Price) prior to this Change Order was... ... ... $10,867,266.00 The (Contract Sum) (Guaranteed Maximum Price) will be (increased) (decreased) (unchanged) by this Change Order ................. $(451,487.51) The new (Contract Sum) (Guaranteed Maximum Price) including this Change Order is ... $10,415,778.49 The Contract Time will be (increased) (decreased) (unchanaed) by............................. N/A The date of Substantial Completion as of the date of this Change Order is ......... ... ... ... ... April 3, 2008 Detailed description of change order and justification: The Contractor. Architect. and Countv staff undertook a Value Eno/neerlno review of the bid des/on and deve/ooed a list of eliminations. substitutions. or alternative methods for dellverlno the reaulred bulldlno without sacrlflclna functlonalltv from the orlo/nal Dlans. The attached itemized list details the items and the cost effects of each. This chanoe order is (4. 154J% of the orloinal contract Drice. Not valid until siGned bv Owner. Architect. Construction ManaGer and Contractor ARCHITECT: (/2/ltl Date j "J ~.'; It, '/.> Da e (c--., ~, )'3 - /1'~ ,J .,._. ~. Date ~- 2-/ -0 f) Date 5j~7 , Date CONTRACTOR: DIRECTOR, FACILITIES DEVELOPMENT: COUNTY ENGINEER: COUNTY ADMINISTRATOR Change Order Attachment per Ordinance No. 004-1999 · Change Order was not Included In the orIgfnal contract specifk:8tIons. Yes ~ No 0 If Yes, explanation: Tfte .... ptOfIOCed rw eIImIINIfIon, <<~ weN ~ IItcIuded In tINt ....,.,.., ItN proposals. · Change Order was included In the orfQfn8I specffications. Yes ~ No 0 If Yes, explain what event or circumstance compels an Increase In the contract price: 7JMN Is no IncnIIIM In pdce. 1JJe 1wpIK...... wIIIJ IIJP$UIfI wall board which shows .. .. IIddItIon Is a replacement frx wood veneer walla feN which 1M IIIIVIngs are Included In Item ...... awn (IJ. TfteItdt80n of... ~ IJfIfItmom MIS 8 ~1efIt at 0IIgIMI scope thIII./Md been I8IIJOWd .. pM at the C08t reduction fIIfort. · Ch8nge Order exceeds $25,000 or 5" of cocdlau price (whk:hever Is greater). Yes 0 No ~ If Yes, explanation as to why It Is not subject for a calling for bids: l'JHt cf'JerIpt ordIII reduces the otIg/IJIII COr"" ptfce. ".. requested cIMf..,.. ... proposed by the contnIetor end T81IUIt In a reduction In the scope and eM from the exlstlIIIJ bid for the project. Tfte c\"a6-'w1J plOfIOS1II1s the ccr6MNIfIod 018 ccllebonlfloft by lite Cocmf;y.." the ~ and the Contntctor to ellmllJIIteI$/mpllfy "ope to 19duee the ov.,.1I ptOjact cost. e Project architect approves the change order. Yes ~ No 0 If no, explanation of why: · Change Order Is correcting an error or omission in design documenI. Yes DNo ~ Should a dalm under the appttcabte professional liability policy be made? Yes 0 No ~ &plain: No error or omIaIon. The eha",.. proposed a18 based on .,.,Ied VIIIue engineering ffIVIew. CMDOO7-lI2OI06 MURRAY E. NELSON GOVERNMENT & CULTURAL CENTER VALUE ENGINEERING ITEMS TO DEDUCT/ADD FROM ORIGINAL CONTRACT PRICE Bid Pac 10000 321400 321443 329000 034713 055214 064023 092216 265100 Areh Sup Instr I DESCRIPTION Tax Credit Eliminate Unit Pavers and It lace with Substitute Grass Pavers to Stabilized Sod ChaD es to Landsca as r Revisions b Landsca Architect ChaD e from till-wall construction to formed stucco sidin on CMU. Eliminate Ornamental Railings at Stair 002 & Bridge 200 and replace it with 42" high wall with painted gypsum board both sides & stained maple wood ca and almninum handrail. Change Casework: to wood look plastic laminate including tops with 'l2 round wood edge. Lavatories in Rooms 141,143,241, & 242 will have solid surface tops. Lobby Desk: @ Lobby 100 will be provided with solid smface tops, cables and with reconstituted wood veneer side panels. Elimirurte plywood wood veneer on stage walls @ Community Room 103 and Ramps 102 & 109 and replace it with painted gypsum board surfaces. Wood sills and wood moldings at windows together with wood bases will be rovided as a . ted e. Additional Gypsum Wall Board at Walls between Community Room & Lobb & Sta e Area Credit for Electrical Interior & Exterior Lighting Alternate Package as per Li '~,~.&iliedwe Addition of Bathroom 238A in the Commissioner's Suite Total AMOUNT $(141,185.00) (7,500.00) (12,325.00) (12,313.00) (156,944.00) (14,280.00) (42,178.00) 7,822.00 (82,460.00) 9,875.49 CURRIE · SOWARDS · AQUILA · ARCIfITECTS. ~ ...................... ", ..... ~..'~.~ a-o.r'-.... ,'a..." -.~IlIi~. Robert O. CwrIe.. AlA January 10, 2f)(jJ -_, "'~- ."""...........-. --- .... ". 3owIli1Clt,. AlA .._-..._..~~~ -- . T .Joet rt. ...... AlA Mr. Aldo Ferrera AFCO Constructore 1804 N.W. Madrid Way Boca Raton, FL 33432 Ph. 561-:300-2160 Re: Upper Keye Governrttem Center Project No. 0!50301 De.r Mr. Ferrera: Ae Instructed by Jerry Barnett from Monroe County we wou'" like to a~rn the followft1g Value Enelneerfne lteme for Inclu&lon In the project. Theee Items are I7elne Incorporated Into the permit set of documerrte at thla time. 1. Tax Crr:tJ1t 1;0 owner 2. Eliminate unit pavers and replace with asphalt or concrete walk where appropriate. 3. Eliminate era5ep~e unite ana replace wtth 5ta~llzetJ lJOd. 4. Reduction of Landscaping as propoaec::l by the Landacape Architect. 5. Change from tilt-wall conatructfon to formetJ 5tucco eleJlne on CMU. 6. Eliminate the ornamental rall/nga at atalr 002 andl7r1c::lge 200 and replace with 42" high wall wfth wood cap ana aluminum handrail. 7. Change casework to wood look plastIc lamInate with pla6tlc laminate topa with !k round wood etJeee. Solid &urface to remain In the ro5troorne. lWby Deelc will be wood Iootc pfaetlc laminate with eolld surface tope and a almpl/flec::l cal7le and glaee aystem per prBVloua provftIed 6Icetche&. 8. The wood veneer on the ataee walla will l7e eliminated and replaced with palntec::l eYpaum I10ard In tM &arM conflguratlon. 9. The wood sill, mold/ne and I1aaee, wllIl7e provldec::l aa paint grade wood and will l7e painted. / 10. The reeldentfal appliances will be owner provftIed. ;I 11. The Interior horizontal louver bllnda will be eliminated. . ,/ 12. The site fuml9h/~s Includlne the drinklne fountaIns and 10 (of the prevlou5 14) removal1le 'I bollards wllIl7e eliminated. The bIke racks will remain. 13. The fatnic pavfllone will be eliminated. , 14. The free standing furniture wllIl7e eliminated with the exceptIon of the Community room chalr&. The remova~e 5tage, carpetec::lgeatlng rlaere and commfaeloner's deeli:e will remain. 15. Changes to the lighting package wllIl7e accepted ae rBVleed in the two emalls from CSM to AFCO dated 1/9/07. In aattltlon. Atternate #9 ("the dreeelng room building adjacent to the community room) will not I1e accepted. If you have any queetlone 1/1 reearde to the above mentioned Value Enelneerlng lteme pleaee contact my office promptly as we are cu,,",n~ maldng theee chanece to the document set eo they can be permitted. Pleaee inform ue within 7 daye if any of the above mentioned lteme are contrary to your unMretandlng. If we do not hmar from your office within this time period we will aHurne a~nce of the Value Englneer/ne lteme. Sfru::erely. CURRIE SOWARDS AGUILA ARCHITECTS ,,\ l--'1'':' ..---.... '.l ........,:.:,. ~-.. -. ,. .', \ -- ( . ~./ .". I ,/ "- l./ ChoU Aronson Copy: Jerry I5ame1;. ~ ~ KelVIn WIlson Monroe Cou~ file 050!l0l MEMORANDUM TO: Board of County Commissioners From: Debbie Frederick Deputy County Administrator Date: May 23, 2007 RE: Change Orders Attached is a proposed change order for AFCO Constructors, Inc. (Change Order #1 for the Murray E. Nelson Government & Cultural Center is for a reduction in the contract price by $451,487.51. This reduction is due to a Value Engineering review of the bid design which led to the development of a list of eliminations, substitutions, or alternative methods for delivering the required building without sacrificing functionality from the original plans.) 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. FnClliq ,~5'iv\ The Administrator intends to approve this change order on -:rhursday, May ~, 2007. ~~ .--Del.,bie- IC r;? Vnrt....) ;J:tJ. ~V/ ..c.pu~ County Administrator DLF: adc ragt:: 1 Ul 1 Campo-Abra From: Campo-Abra Sent: Thursday, May 24, 200710:22 AM To: County Commissioners and Aides Subject: Murray Nelson Center Attachments: Change Order #1 AFCO Constructors Ine.pdf Please review the attached Change Order # 1 from AFCO Constructors, Inc. Abra Campo Sr. Administrative Assistant Office of County Administrator 1100 Simonton St Suite 205 Key West FL 33040 (305}292-4445 5/24/2007 MONROE COUNTY / ENGINEERING /FACILITIES DEVELOPMENr CONfRACf CHANGE ORDER PROJECT TITLE: Freeman Justice Center Jackson Square Key West, FL TO CONTRACTOR: 405 SW 148lh Avenue Suite One Davie, FL 33325 CHANGE ORDER NO: 33 INITIATION DATE: 05103107 CONTRACT DATE: June 16, 2004 Change Order Request #97 The Contract is changed as follows: The original (Contract Sum) (Guaranteed Maximum Price) ........................................ $13,804,000.00 Net change by previously authorized Change Orders ......... ............ ...... ...... ............... $ 2,116,361.42 The (Contract Sum) (Guaranteed Maximum Price) prior to this Change Order was ......... $15,920,361.42 The (Contract Sum) (Guaranteed Maximum Price) will be (Increased) (decreased) (unchanged) by this Change Order ................. $ 9,549.10 The new (Contract Sum) (Guaranteed Maximum Price) including this Change Order is ... $15,929,910.52 The Contract Time will be Oncreased) (decreased) (unchanaed) by ............................. N1A The date of Substantial Completion as of the date of this Change Order is ...... ... ... ...... ... January 25, 2007 Detailed description of change order and justification: Labor & MaterIal for 1.ltddltloMl fife damoetS Sales and Room TIIX8S The Tower GrouD 5" Total $8.906.52 196.30 441.28 19.519.10 This chanae order Is .019% of the Malnal contract Dtlce. Not valid until sianed by Owner. Construction Manaaer and Contractor ARCHITECT: N1A =.icLJ- The Tower Group r) Date CONTRACTOR: ~27J 07 ate DIRECTOR, FACILITIES DEVELOPMENT: '-";3 < c~, ? Date COUNTY ENGINEER: COUNTY ADMINISTRATOR Change Order Attachment per Ordinance No. 004-1999 · Change Order was not included in the original contract specifications. Yes I:8J No 0 If Yes, explanation: Change Order was omitted from the original specItIclItIons Change Order was Included in the original specifications. Yes 0 No I:8J If Yes, explanation of increase in price: . Change Order exceeds $25,000 or 5% of contract price (whichever Is greater). Yes 0 No I:8J If Yes, explanation as to why It Is not subject for a calling for bids: . Project architect approves the change order. Yes 0 No I:8J If no, explanation of why: The Architect was not under contract with us at the time. . Change Order is correcting an error or omission in design document. Yes I:8JNo 0 Should a claim under the applicable protessionalliabillty policy be made? Yes 18J No 0 Explain: The Fire Dampers are required by ~ and were omitted from the specifications. The Tower Group, Inc. 405 SW 148 Avenue Suite One Davie, FL 33325 CHANGE ORDER REQUEST No. 00097 Phone: (954) 476-3200 Fax: (954) 474-3111 TITLE: Final Fire Damper Additions DATE: 5/3/2007 JOB: 0417 CONTRACT ~e COt.t-nY FACIlITIES DEVELOPMENt PROJECT: Freeman Justice Center (FJC) TO: Attn: Clark Briggs ~fonroe County Facilities Development 1100 Simonton Street Key West, FL 33040 Phone: (305) 295-4306 Fax: (305) 295-4321 RE: rCO To: TTG- DESCRIPTION OF PROPOSAL Change Order Request #97 proposes the costs to furnish and install the last addition of fire dampers for the HV AC Design Corrections. The scope of work is based on the April 12, 2007 MEP Engineer's site visit and follow-up duct inspections reported in ITG Fax Memo #04 i7-02589, dated April 24, 2007 (copy attached, 2 pages), and confumed in the MEP Engineer's April 30, 2007 memo (copy attached, 1 page). The cost of the added work is based on Proposed Change Order #WT020 by Weathertrol Maintenance Corporation (copy attached). From: LU?cc;k-.t'-Y'Jv..of 1M, M~~, RECEMOrsv:~ Number: W ro20 This COR excludes costs for removing and/or repairing gypsum board, framing, fire sprinklers, and electric components, ifneeded to incorporate these changes. Such costs, ifany, will be addressed by separate COR's. The Tower Group reserves our right to compensation for additional and the associated added costs should this changed scope of work impact the critical path for completion ofthe project. Item 00001 Description Proposed Change Order IIWT020 by Weathertrolless taxes Stock# Quantity Units 1.000 Unit Price S8.905.52 Tax Rate Tax Amount Net Amount 0,00% SO.OO $8,905.52 Unit Cost: Unit Tax: Unit Total: Subtotal: $8,905.52 $0.00 $8,905.52 $8,905.52 Description Rooms & Sales Tax 5% Profit Markup Percent Markup Amount $198.30 5.000% $445.28 Total Cost: $9,549.10 Expcd'fion <!> Weathertrol Maintenance Corporation 7250 NE 4th Ave. PROPOSED CHANGE ORDER No. WT020 Miami, FL 33138 Phone: 305-908-1000 Fax: 305-908-1039 TO: Attn: Jolm Chandler [he Tower Group, Inc. 405 SW 148 Avenue Suite One Davie, FL 33325 Phone: (954) 476-3200 Fax: (954) 474-3111 DATE: 5/1/2007 JOB: 0417 CONTRACT NO:0417-004 TITLE:Final Fire Damper Additions PROJECT: Freeman Justice Center (FJC) RE: To: DESCRIPTION OF PROPOSAL Add Fire Dampers per MEP Engineer's site visit on April i2, including follow-up inspections described in ITG Fax Memo #0417-02589, dated 4/24/07 (copy attached), and confmned by the MEP Engineer in their April 30, 2007 memo (copy attached). From: Number: Item 00001 Description Stock# Elite Sheetmetal Scope or Work (less taxes) Gomez Insulation Scope or Work Quantity Units 1.000 Unit Price $6.381.45 Tax Rate Tax Amount Net Amount 0,00% SO,OO $6,381.45 00002 1.000 $2,100.00 0.00% $0.00 $2.1 00.00 Unit Cost: Unit Tax: Unit Total: Subtotal: $8,481.45 $0.00 $8,481.45 $8,481.45 Description Sales & Rooms Tax 5% Profit Markup Percent Markup Amount $198.30 5.000% $424.07 Total Cost: $9,103.82 By: By: 101m Chandler Hector Ruiz Date: Date: Ex.ptdilio!\ ~ ~ i TOWER I I GROUP 405 SW 148 Avenue Davie, FL 33325 Phone: (954) 476-3200 Fax: (954) 474-3111 To: C:.;rrie, Sowards, Aguila Architects From: John Chandler Attn: Hank Goldman Tel/Fax: (954) 476-3200 I (954) 474-3111 Fax: 561-243-8184 Pages: 2 Phone: 561-276-4951 Date: April 24, 2007 Re: Freeman Justice Center (FJC) CC: TTGIMO (CSA), FF (CSA) 0417 - 02589 Sub. act: last Added Fire Damoers )i Urgent 0 For Review 0 Please Comment 0 Please Reply 0 Please Recycle . Comments: Dear Hank: I wanted to confirm the last fire damper additions before sending the proposal to rvfollroe Cuunty. When Dan Thompson and Tim and Humberto of Elite Ductwork walked the job-site April 12, they identified 16 duct penetrations that appeared to need fire dampers (They were l.:overed in insulation, so they all could not be confinned). Afterward, Tim went through and listed every duct passing through a fire-rated wall that appeared to lack a fire damper. Then he and Humberto peeled back the insulation to verify whether or not a fire damper was needed. As shown on the attached list, they came up with 14 new fire dampers and one new 8xl0 metal duct sleeve through the wall separating Rooms 2053 & 2054 (there's a 10" diameter flexible duct passing through this wall). They also found that the penetration between Rooms 1077 & 1078 had a fire damper installed, but lacked an access panel. We want to make sure that this is the last addition. Please have Dan Thompson review and confirm this list. If he thinks that one or more is missing, he should identify them and we'll get photos of the penetration to send him to confinn whether or not a fire damper is needed. I appreciate your prompt attention to this request. If you have any questions, please call me at (786) 367- 0549. Sincerely, :l;1~=: Manager YAY. 1,2;)07 3: 58FM toeC}tQ~r,~r91 ~ CHANGE ORDER REQUEST Change Order Reql.oest #: 04.790-0030 Date: 6/112C07 ~O. Y'L'J peO * WT.o:W ~. ; Project: J:reeman Justice Center To: The Tow.r Group @ Freeman JU8tlcQ Conter Attn: John Chandl.r 500 Whlt,head St. Key W.at, FL 33040 Project I: 04-790 ~rom: W.athtrtl'Oi Hector J. Ruiz 500 Whitehead Street K.y Wut, PL 33040 Ph.: :'3C5) 296.2521 Fax: (305) 296-2587 Ph.: (305) 908-1000 Fax: (306) 908-1039 We hs'eby propose to ma,<e the rollowfng changes: Additional fire damper (16) per Eng field visit of 4-9 week Change Order Price i q) lo3.~:Z -ie,13~.a& This price It good for 0 dave. If conoitione ohange, this price is void. We Ire requHtlng fl time extensIOn of 0 days In conj!Jnctlo'n with this change. Hector J. Rufz Author &'112007 Oat. o Accepted The above prices 8"ld speclncat:ons of thja Change Order request are satIsfactory and are "ereby accepted. All work to bs performed under same ter'T.s and cOl"dltlcns as speclfled in original contraot unlesi otherwl.e specified, Authorized Signature Date of Acceptance 'W'. i, 20~ 7 3: 53PM NO. 929 CHANGE ORDER REQUEST SUMMARY ProJtct: Fre.man Justfce Cent.r COR #: 04-790-0030 Subcontracts p 2 iSllbcontractor _ D..orlptlon I Tollll J 5!11 Sreetme:JI Remov. exift dllCI supp~ slid inst'l flew fir. damp. se,s9ue ~ 10 ?;e>j. 4S" I(S~ ftt,i ';;omei .:mi4tion------ ..-.----- R-ieiiiiUr.r dUCIWOlt< at10Pile'M (:;r new Foi-- - _m. --. $2,100.00-' .-....-- .._..~-~-- ----.- .'.-------- -.-.-..--...--- .--..-.- Subtotal Totai Cost i8,SElUe SO.OO Subcontract MarkJp Subcontract TIL ~ Total -",egg 68 $434.98 $9.134.68 $,4i>1.4s' 424. (ff /1e,?x> t q) to?'~:z. orvAY. 1. LV:.' 7: 3: 58?'A a054993485 BLITB DUCTWORK.INC \0. 929 P ?'.I002 €Ii Elite Duetwork 1no. 3+21 :>lW G 1st Streef MWn:, FlQri,ia m 66 ph. (305) t9M1S1 Fax (305) 499-9t52 CSC#1110259 inc. CHANGB ORDBR REQUEST Tot Weathertrol 7210 Na 4tb AYellue AtulI Ibotor J. KuLa Dato ot PropoaaJ: Sn/200Ft Propaaal Rcquolt Number: Batra D&tap.,. ' Prqjoct N&mo: ,"...a .1.0. O..offpUoo orCJlaugo ordu 1tect1l..e,1 AdA fOt:&:xu. I'lto Damp.,... "'Ietted. Ml.wr1a1ll1 Eq'Jipmcnt S'olbtotal . 9P4.8f . (j7 5' Salea TlUC@ 7% . f4,1a Room, Moala & Traval . 1,SdO.oD ROOIn Tuee . UIS,I. Labor SUbtotal . a,~,41 ~. ~"~ 5, ~.-?11 Change Order Subtotal Com . 'J6JH..a ~ ~lIt <J 16e,o, I'? 1~ . 'N.ff '9&.~ ~ . "I..;i~ '=') s11.7f" T "'" T()TAL PlUCB or CJWfOa OItPIR nus PROPOSAL IS Ii'IRJd TOR ACCUTANCS wrrHIN 30 DAYS. WE CAlfflor PRQCUD WITH TIll WORK :OVlOOm laY nnc PKOPOSZD CHANGE UNTil. WE ARE so Dm!01ID IN \VRmNG APfROVINQ COS1'3, OR UH'nr., WI roroSM!) YOUR WRI'l'InN CHMlO& AtmfOtuaATrON, WIilCH MUST as WITHIN THI ABOW 'liME UMl'1' TO AVOID ADD:TIONAL COSTS, ACCEPTED BY: DAft CUSTOMER RBPUUNTAnW p. 1 of 2 olr/M. :.2007: 3:59FVao34985485 BLITB'DUCTWORK.INC \0. 929 - 4!/002 PAllS 1 Prol'osa! If 'DAte: Proj ect N a.l%1C: ~~.~~~~r. 5/1 /').007 Freeman J.e. COST lUAXJ)Qmf r. u roLLOWI: MAT. lABeR 'tOTAL T01A1. TOTAL Q I\"IY . DXBCR1?'nON UNIT UHIT tJA'i'lRIAL t.A1iOR LABOR com , COSTS COSTS MAHHOURS 008T8 ld &tra F'!r. OIlJl\P'" , 94J".17 IS g;4.11 :..e.borl I GenerallPoromm n _. . 44... a/.. 11 . 581.4-4 Mechll1lca n.. . 31.10 n/.. 3t . 1,~.Ol Helller. n" . 3a.oO nil. 26 . 8811.00 . , TraM n& 'I'tDl. 15 ~ . 300,00 n. . 300.00 l.f4tel )( '170.00t . l,<no.OO a. . 1,020.00 1llod lII)ental jdX30X3 da";" . tl40,OO na 1& 540.00 i I It 2,85+.17 , 2,1<<.44 Pig. 1 of 1 '!'W. ~,2007 3. ;9,=M m 129 ~) OO.MEZ QUALITY INSULATION, INC. H.V.A.C. MECHANICAL 'INSULATION (:ON"l'2VmOI JUS N.W, 661TQBTl ~tAM.r, l"W1UDA 33168 PiI: 3()~,41'.S11d FAX: 305\477.586' OATS: 041607 niaOVIDSD 0: : W!Anml\'I'R.OL MAINTENANCR CORPOM't'ICS MECHA.'(!CAI. CONnACTO:R8 I n.50N..e." AV8NUB MJAMl, f'(, .n:38 ?HON2: (305) 908.1000 ]tAXI (305) 90..tO!9 n IONI HBC'tOIl T Nt F.RBB~ Mncn CENTER CHANGB ORD~ n paQPQaAL l SCOPS OP WORXI . WIJ '1\01'011 TO tlJRMSli nil PJtQUWD M.,\TlIU.A.L..!QUl,ltMINT. &;RVle!. AND l.MOII01t 'rillS t\ UOVB LIi'll!) PI.OlIO'l' WR1t\l An l;\IEQllAAY 't'O ~OMlJLiTl Ttii alLOW QtlTt.tM1D I'NIIJf..A 'nON WOll AS P. nAN. ANlS ~lCIPlCATlONl, lL v..r:...l\fGJlANICAL ~'QJ)K! )0 .:NStlLATB 16 AODmONAL F1R.S DAM.a, I r;RtCE: . I EXCEPTIONS: I THI8 l'1UC21.X>'.&t NOT ISCI.VDB UNOJa.OROl1.ND PIPING, . OBNJIAT01\ MUFPL8:R., SXHAr.JST PIPING, CHILLW. SAOOLB8, , II PAlN1JNO, QPlUOElU'NT L1NUIPIRING, FIR! STOp)lJNO 08. SA.mlO, BXaAusr'LUI DUCt, KITCIPN HOOD OR.8ASD Dt1CT ORAN'f OTHU. VlQUNOT S'.llClPICALL'i OUTLlNSD ADOV's. , . .Ill.- , I-.T ~ . I , ! (A3 OfJ1'UN1'O A~OVa) S 2.100.00 j.-- I PLllA9B SION ANO M'IlJIN ON! COIY Ol' TNIS FOaM VSlUPVm ACCEPTANc;:e. RETURN VIA r.AX TO 305.471.8161 I - ?mr ~A.M:B ffltONATtJU 1'l'fI,B I>>URCf!A'B own f# NO WOlU( WILL COMMINCB WITHOUT A S:GN!D COpy 01' nJrs i01U4ANO A PUllCHASI O~B.R MJMBBA DATB -<< J ~.~ 8Qte;;S;1I6 ZJwoe: 'dOJ.$fN 8S~;eo ~o g~ :tJ1 Page 1 of 1 John Chandler From: Tim Clarke [tclarke@thetowergroup.com] Sent: Friday, April 13, 2007 10:40 AM To: John Chandler; 'Hector Ruiz' subject: fire dampers lis morning I went through the system again and identified these 21 locations requiring fire-dampers. 165/1008 x 2 1- 168/15 1 t -+- )2911031 -i~.,..I1- )31/1034 - i4-;< /1- )56/1073 x 2 -?x;>)ll '0 ~ 4:.'1. If, )71/1072 -,:..,~ C.ft~t,..31t...~S) )7211073 - t;"J..)'I l? )77/1 082 - ?-D,... 14- )77/1087 -- ft;"~ Da,y.../X., L,hShJJ~J.. Ned. ttcceS!; ~~~ )81A11087)(.'2 .- \;1.-1-\1.- ~ \~~ & )70/1090 .- [3.,.. f> (.f1t,....~u.>~) jOgt216~ A< 30-4/2006 ~ E;/ en'.e f ~. 1-- 9.> ({, ~"''1's')) o 6/207 x 2 2054/'2014- 07 2 77._ ~ ( " I _ ) 06012064 p xf>,f< ';>Z"~':I1 .... /2.:x.8 W5z,/'to~4 10" t.f f(i!1':tA-e ,kef ftwl:'Y-f' .(1y~-vJ.~) Ordl. * Fr re. lai1tfl!Y fl.c f y ~ t'-A ~ ('J. ~ ci /s: i1t dx-J tt.J / t!-i r -Ma-", 100 oS r ,-1\, r::pR-30-20070'3:35 FROf'1:CLRR:E SOWARDS AGJIL 561-243-8184 04r~,.lIJU1 lJ~:.:I r I. T .c.... TO: 131352962587 \. """"1' vw ..# ...,.......-- P.1 ~ #-04/7 -02127 C1ry. fY.~ CS:4 . '~'IlE~'> ,~-,. T~7" ...i ',. ~. . -'" _eO - '. '.' '- :d= :#. ::-. 1'~ -; _ ~" ~.~.'a;.}Il,I. <. .' 'd ..' +~.e ,I .. , . "-f~ 112 &.tu.-t 10* Stnd DeInJ ~ n J30W ,I Vo&eea (561) 21.f-0200 - Fus (561)21~/ln.'mO &.aIb teuil~.. ~""'. tecfta.rom FAX COVER SHEET Datt: TbMI .IobNam" ..felt NUl tlen AprIl 31. 2t07 9-~.AM ~.Jatfce Q523t Toa IW1k CHqlU)'& CIA Fa; NIIIILhr: Speed dfaI TRANSMl'ITlNG A TOTAL OJ'-L- PAGD, INCLUDING 1BISPAG& D' YOU DO NOT ~ AU, OtrTBE..:PAGES l!I.24.RLY~l'f MAg c;Q.ffr4Cf us. . , <, . ~9MM1:NlJ~ I've reviewed ihe MGco &omjabn t"It8ftdkw aod the list ~ 11m Clllt put toptbcr. I believo 1km wba:t I CIa tell from the Iaaeltcluot.plmI,.f&e, puij~ tn4 DlJ mo. UtA 1dIit,. nm... lfaia. ~ 1671 Prom: DaD ThoaIpoD, P L CO. P\lO~8 II Full -~ ~ ......_H:'O',....--..-.~w...".,.. MEMORANDUM TO: Board of County Commissioners From: Thomas J. Willi County Administrator Date: May 24, 2007 RE: Change Orders Attached is a proposed change order for The Tower Group, for the Freeman Justice Center. (Change Order #33 is for the amount of $9,549.10 for labor and material for 16 additional fire dampers.) 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, May 25, 2007. ~~- County Administrator TJW: ode cage: 1 VI 1 Campo-Abra From: Campo-Abra Sent: Thursday, May 24, 2007 10:45 AM To: County Commissioners and Aides Subject: Freeman Justice Center Attachments: Change Order #34Tower Group.pdt; Change Order #33Tower Group.pdt Please review the attached Change Orders #33 and #34 from the Tower Group. Abra Campo Sr. Administrative Assistant Office of County Administrator 1100 Simonton St Suite 205 Key Wes-t; FL 33040 (305}292-4445 5/24/2007 MONROE COUNTY / ENGINEERING /FACILlTIES DEVELOPMENT CONTRAcr CHANGE ORDER PROJECT TITLE: Freeman Justice Center Jackson Square Key West, FL TO CONTRACTOR: 405 SW 148lh Avenue Suite One Davie, FL 33325 The Contract Is changed as follows: The original (Contract Sum) (Guaranteed Maximum Price) ...... ... ............... ... ... .......... $13,804,000.00 Net change by previously authorized Change Orders ...... ............ ...... ...... ...... ............ $ 2,125,910.52 The (Contract Sum) (Guaranteed Maximum Price) prior to this Change 0 er was ... ...... $15,929,910.52 The (Contract Sum) (Guaranteed Maximum Price) will be (j11CJMled) decrea (unchanged) by this Change 0 er......... ........ $ (23,542.81) The new (Contract Sum) (Guaranteed Maximum Price) including this Change Order is... $15,906,367.65 CHANGE ORDER NO: 34 INITIATION DATE: CONTRACT DATE: June 16,2004 Change Order Request #39, #99 The Contract Time will be (Increased) (decreased) lunchanaed) by,..... ............ ........... N1A The date of Substantial Completion as of the date of this Change Order is ..................... January 25, 2007 Detailed description of change order and justification: Revised Scooe for Interior slanaae Includlna wnw $fencl/$ CnHllt for the Orlalnel SCODe S.1es Tax The TOWfII' GIOUD '" ~:-e:e~=~~~~~=::':~:z:" ,=~~o:,.'=:iesooe' Total Th/$ chanae order /$ (.17'" of the orIo/nal contract orlce. $6.841.00 (5.US.OO, 14.48 9.15 Si21:::J,:, S/23.lU2.87J Not valid until siGned by Owner. Construction Mansur and Contractor ARCHITECT: NlA CONTRACTOR: ~"JiClh-~ T~ower Group / .'/ ,') /Z ck~ DIRECTOR, FACILITIES DEVELOPMENT: (-L/J'JeZ: i.c',,4:-:7>;JA/%O__:;ZJ A8rry B9f", " / i/ COUNTY ENGiNEER: Date t:z1'lzI.O] Date Os ../-:' ') ? .' L.-~,': ..., I --7/ ./" Date COUNTY ADMINISTRATOR r!rzS-!ol Thomas W1I1UDeb' Frederick-Deputy Date Change Order Attachment per Ordinance No. 004-1999 . Change Order was not included in the original contract specifications. Yes 1:81 No 0 If Yes, explanation: Changes wanted In the interior s/gtHlfl. by. bulldlng occupant. Ornamental Handrails wen Included In the contract specItIclIfIons but ant now omItt8cI. The handrails cannot be InstJlIIed until afIw btlck and srone Is applied to the exterior of the buH~ng. Change Order was Included in the original specifications. Yes 0 No 1:81 If Yes, explanation of increase in price: · Change Order exceeds $25,000 or 5% of contract price (whichever Is greater). Yes 0 No 1:81 If Yes, explanation as to why it is not subject for a calling for bids: · Project architect approves the change order. Yes 0 No 1:81 If no, explanation of why: 1he Architect was not under contract with us at the time. · Change Order Is correcting an error or omission in design document. Yes ONo 1:81 Should a ctalm under the applicable professlonalllabillty poley be made? Yes 0 No 1:81 Explain: ............, &0.......'-', 1-'.,,:, The Tower Group, Inc. 405 SW 148 Avenue Suite One Davie, FL 33325 - Phone: (954) 476-3200 Fax: (954) 474-31 J I CHANG.r. ORDER REQUEST No. 00039 TITLE: Revised Interior Signage DATE: 8/212006 JOB: 0417 CONTRACT 1\\0: 1 PROJECT: Freeman Justice Center (FJC) TO: Attn: Clark Briggs Monroe County Facilities Development 1100 Simonton Street Key West, FL 33040 Phone: (305) 295-4306 Fax: (305) 295-4321 RE:PCO To:TTG DESCRIPTION OF PROPOSAL From: M-G Number: M-G0002 This Change Order Request (COR) #39 addresses the costs for the changes to the scope of interior signage materials being furnished under Specification Section] 0425, Signs, based on the Room Signage spreadsheets sent by Holly Elomina of the 16th Jucficiary Circuit of Florida via e-mail on July 21, 2006 (copy attached, 6 pages). The value ofeOR #39, $217.13, is based on Proposed Change Order #M-GOOO2 from MULTI-graphics dated July 31, 2006 (copy attached, 3 pages) and mark-up in accordance with the General Conditions of the Contract The Contract Time is not affected by this change. Item Description Stock# 0000 1 RtI\Iised Scope ofJlltcriol Signage bued on /'CO IIM.GOOO2 &om \1ULTl-graphic5. da1ed 1/31106 . (copy attached, 3 pages) Quantity Units 1000 LS Unit Price Tax Rate Tax Amouat Net Amount $193.00 000% SO.OO S193.oo Unit Cost: Unit Tax: Unit Total: Subtotal: $193.00 $0.00 $193.00 $193.00 Description Sales Tax Profit Markup Percent Markup Amount 7.500% $14.48 5.000% $9.65 Total Cost: $217.13 -4..;;JV-,o,JU I p." MUL TI-graphics - 2965 Landfill Road Pelham, GA 31779 Phone: 229-294-4601 Fax: 229-294-9252 TITLE:Revised Interior Signage PROJECT: Freeman Justice Center (FIC) TO: Attn: John Chandler The Tower Group, Inc. 405 SW 148 Avenue Suite One Davie, FL 33325 Phone: (954) 476-3200 Fax: (954) 474-3111 RE: COR To: MCCM From: TTG DESCRIPTION OF PROPOSAL PROPOSl!..aJ CHANGE ORDER No. M -COOO2 DATE: 7/31/2006 JOB: 0417 CO~JRACT NO: 0417-026 Number: 00039 Scope of changes based on revised signage spreadsheet received via e-mail from Holly Elomina of the 16111 Judiciary Circuit of Florida, dated July 27,2006 (Re; Carr. Reed Log #0417-01946). [tem Description Stocldil Quantity Uaits Unit Price Tax Rate Tax Amount Net Amount 00001 RC\llsed Scope tor Specification J .000 LS U,361.oo 7.50"/0 $402.08 $5,361.00 Sectalll lo.t25, l.tetHol SigM (MUl TI.araphies QuOtatioll doted 7131/06) 00002 Add [0 Interior SigRllgc Scope - l. 000 LS $480.00 '-'0% $36.00 $48000 Vinyl Stencils for Palnre4 Wall Sigl1$ (MULTI.gapftics QOOlntion dated 7131106} 00003 Credit for Oripnal Scope of 1. 000 l.S ($5,648. 00) 7.~O% ($423.60) (S~,648.00) SpeciflC8lioo Sectlon 10425, Interior Signs (:IAUL TI'&raPhic, Quotation cIalc:d 5/26/05) By: Daniel Frazier Date: E><ped ~'M 4!: Unit Cost: Unit Tax: Unit Total: $193.00 $14.48 $207.48 By: John Chandler Date: :'/28a6 15:47 229-294' ,.>>lIar. umco Mg ~L;;10-LOO ( p.4 PAGE 81 .52 MUL n-graphics INCD~PORATf!D 29d6lANDF1u. ROAD, PEt.HAItIt. SA 31779 {229} 294-1601 * FAx.' ~29) 294-9252 NUL TI GRAPHICS For lnformation Conccruing This Bid, Contact DeDicl H. Frazier 850-592-8891 AU Pu.rcJu..,c Orders And Otber ConunuDicatiOD. Subequcnt 1'0 Bid Date Should Be Faxed! Mailed To The Main Office. Address, Phone & Fax Listed pea # U-GW2 **.*.....****......1ItREVlSED 71.31/06'.*"'...........* REVISED QUOTATION DVE DATE: July 31,2006 CUST01\mRJS Dodge IJIfQUJRV: ARCHITECT: DBLIVER.Y: lf~ Gonzaloz ~et FOB Factory, Fre~ Allowed Net 30 Days W<< Do Not ColI<<:t Old OfStaU Sale Tax TO: The Tower Group ATTN: John Chandler Freeman Justice Center ~ West,. FJ. "MG;,I 5160 "" - TO......... ...........L OllSCRlUD ULOW AT - ""Cl...... """'" _............. CtlNOITIONII........,.......... Section: l042S-b:lterior Signs-Multi-graphics 12 each Room Identification Signs, 9W x 611, Style M. 5/8" High Rai~ Machino-Cut Helvetica Medium Numbers, Grade n BrailLe, (2) EaCh 1 It High x Full Width Insert Slots~ Blank WIP-l x9 Paper Inserts, Taped 31 each Conference Room Signs, 9" x 6", Style M, Similar, With "In Use" SJIdes 1 each Judges Conference Room Sign, 91) x 7 ~", Style ~ Similar 60 each ROODlIdentification Si~~ 9- x 6", Style M, Similar, No Slots 23 each Restroom Signs, 6" x 9', Style M, Similar, Raised S)'Dlbols, Copy And Braille J 1 each Stair Signs, 6" x 9", Style M, Similar, Raised Symbols, Copy Arid Braille 15 each Elevator Lobby Si~ 6 3141' x 9 3/4", Style M, Similar . 26 each Flag Type ~ 121) x 6", Style V, Vinyl GraphIcs, Double Face. With JRS . #72 WaJI Mounting Braakets . ..:. 4 each Directional Si&m. 18" x 2 %". Style V, Similat', Vinyl Graphics, Wa!l Mounted Material OnlY. No Tax $5,361.00 Option; 24 each Vinyl Stencils For Painted Wall Signs Material Only. No Tax $480.00 WE AIU!: A WOMAN OWNED SMALL BVS,INESS. ~"""""'Y.. LS n.'ANTrl1I:S.\NlJ MAI'fUFAc:TtJRERS AS SHOWN ON TIf& PACE Oil nus PORM. OUR PROP08A L rs UMJ1'ED '10 THE IRA.......... , '4'" PROPOSAl. BY: :CEPTID BY: DANIEL H. FRAZIER. ( (850) 9ZS-S6S5 ,Tt: U~I ;G~I Vl:) .LV: ;;'(Al"l ~O'L' at:)\'::. *" I -;1 'U'O'*'*C:;"""OC:;'i p.... }Ja' J. / Mg MaIn Office MUL TI-graphlcs INCORPORATED 2'651ANOfllL ROAD, I'ElHAM, GA 3177f (22'J 294.4601 · FAX: (2291294-9252 For InCorltUl'tion Concomi:ng This Bid, Contact Daniel H. Frazier: S'O-92S-S6:5S All Purcba.. Orden And Other Communications Subuquent To Bid Date Should Be FaxedI Mailed To The MUn Office, Addret.. Phcna & FIX Listed '" w '" w w... .",,,... w**.*REVISED 5/16105*......... *. At....",. REVISED QUOTATION TO: The Tower Group ATTN: CJng DUE DATE: CUSTOMER'S INQumV: ARCmTECT: DELIVERY: TERMS OF PAYMENT: May 18, 2004 Dodp JOB: Freeman luatic:e Center Key West, FI. . Oonzalez Architect FOB Faceoty. Freight Allowed Net 30~}'I W. DD Not Collt!d DIU Of StaJe Sat..., TtDt: WE PROPOSE TO P'URMSH MATlRlAL DUaliSm> BILOW AT THE PRIeR AND tlPON THE TDMII AND cormmoHB NAMED BERl!IN. Section: 1 0425-Interior Signs-Mu!ti-graplrica 11 each Room ldettti.fication Signs. 9" x 6", Style M, I" High Raised, Macbine-Cut Helvetioa Medium Numbers, 5/S" High Ra.ised UC Letter., Grade II Braille, (2) Eaoh 111 High "Full Width Insert Slots, Blank Paper Inserts, Taped 26 each Room Identification Signs, 1211 x 6", Style sa, Sub-Surface Silk Screened 1 If2" High UClLC Letters, Double Face, JRS fl!72 Wall Brackets 113 each Room ldotrtificati.on Signa, 9" x 6", Style M, Similar, No Slots 14 each Conference Room Sign~ 9" x 6", Stylo M, Similar, With "In Use" SJides 27 each Restroom Signs. 6" x 9", Style M. Similar, Raised Symbols, Copy And Braille 12 each Stair Signs, 6" x 9t1, Style M, Similar, Raised Symbols, Copy And Braille 15 oach Elevatol' Lobby Signs, 6" x 9", Style SS, Sub-Surface Symbols, Copy And Braille 4 each Directional Sigl1 Panels, 18" x 23/4", Style V, ]It High Vinyl Numbers, Letters And Arrows )l,(ateriaJ Only, No Tax $5,648.00 Note: Addenda Reviewed Section: l0416-Directories-Nclson-Harkins 3 each Directories, 24" x 361f, Dark Bronze Duranodic Frame, Bronze Float Glass Doors, Strip T~ Header, illuminated Material Only, No Tax $5,545.00 l\.ote: Strip Engraving $10.00 Each Section: 1042j-Metal Letters-Metallio Arts 1 set "FREEMAN JUSTICE CENTER", 12" High Times Kew Roman VC. Natural Satin Finish Bronze Cast Aluminum, ]12" Spacers, Non-Illuminated ' Material Only, No Tax $1,881.00 WE ARE A WOMAN OWNED SMALL BUSINESS. OtJRPROPOSAL IS Ll~lITID TO TIm MAI'ERIALS. QUANTITIES MOO ~u.....'t..'FAcn'R!:RS AS SHOWN' ON TK! FACE or THIS roR.J.,! ACCEPTltD BY: PROPOSAL BY: DATE: DANIEL H. FRAZIER, I (850) 925.5655 -4"U-4VO ( p.t:> Page 1 0 f I John Chandler ----------..----- --------..- From: Hooly Elomina [elominah@keysso.net] Sent: Thursday, July 27, 2006 12:39 PM To: 'Annette Smith'; 'Hank Goldman' Cc: 'John Chandler' Subject: Freeman Justice Center Slgnage Please see attached revised signage sheets for the Freeman Justice Center. Per our meeting today, I have added a notation for the signs that need to have the ability for a sliding placard. The others can just be a standard sign. If you have any questions please do not hesitate to contact me. Thanks, Holly Elomina 01...,....1'lF\~ . '.....l;# ....- -- . -."""....,... I \I.\..I.VIJ, ""'\.lII"Q Freeman Justice Center Ground Floor Room Slgnage Room GOO 1 GOO2 GOO3 G004 G005 G006 G007 G008 GOO9 0010 0011 0012 G013 0014 0015 0016 G017 G018 0019 0020 G021 G022 G023 G024 G025 G026 G027 G028 G029 G030 G031 G032 G033 G034 G035 G036 G037 Name Stair #3 VOID Sallyport VOID Electrical Room VOID no sign Male Holding Juvenile Holding Holding Holding Holding Juvenile Holding Female Hokling Staff Entrance stair #4- no sign no sign Control Room Restroom Stair #1 Generator Main Electrical Room no sign void Main Lobby Stair #2 Electrical Room VOID VOID VOID VOID VOID VOID Janitor 1 Janitor 2 Special instructions painted on painted on painted on painted on painted on painted on painted on painted on -L::JO-LOO f p.r -.....:1V-....VO I p.o Freeman Justice Center Second Floor Room Signage Room Name Special instructions 2001 Stair #3 2002 No Sign 2003 No Sign 2004 Judge's Chambers w/sliding placard 2005 Judge's Chambers w/slkling placard 2006 No Sign 2007 No Sign 2008 Corridor Do we need a sign here? 2009 No Sign 2010 No Sign 2011 Judge's Chambers w/sliding placard 2012 Judge's Chambers wJsllding placard 2013 No Sign 2014 No Sign 2015 Stair #4 2016 Courtroom F Corridor 2017 No Sign 2018 No Sign 2019 Men's Restroom 2020 Women's Restroom 2021 Hearing Room w/sliding placard 2022 Jury Room F w/~lding pfacard 2023 Void 2024 Men's Holding Painted on 2025 Women's Holding Painted on 2026 Hearing Room w/sliding piacard 2027 Women's Restroom 2028 Men's Restroom 2029 Void 2030 Jury Room E w/sliding placard 2031 Courtroom E Corridor 2032 Court Reporter Storage 2033 Court Reporters This room was combined 2034 Court Reporters Into 1-only need 1 sign 2035 Janitor 2036 Men's Restroom 2037 Women's Restroom 2038 Courtroom 0 Corridor 2039 Jury Room 0 w/sliding placard 2040 Void 2041 Men's Restroom 2042 Women's Restroom 2043 Hearing Room w/sliding placard 2044 Female Holding Painted on 2045 Male Holding Painted on 2046 Network Wire Room 2047 Jury Room C w/sliding placard '-~~-~O(j ( p.9 Freeman Justice Center Second Floor Room Signage Room Name Special Instructions 2048 Hearing Room W/sliding placard 2049 Men's Restroom 2050 Women's Restroom 2051 Courtroom C Corridor 2052 Void 2053 Void 2054 Courtroom C 2055 Corridor C/O Painted on 2056 Courtroom 0 2057 Inmate Conference C/O Painted on 2058 Attorney Conference CIO 2058A Card Reader C/O 2059 Storage 2060 Stair #1 2061 Courtroom C Vestibule 2062 Attorney Cilent Conference w/sllding placard 2063 Defendant Wib1ess Waiting w/sliding placard 2064 Plaintiff Witness Waiting w/sliding placard 2065 Electrlcal Room 2N 2066 Plaintiff Witness Waiting w/sliding placard 2067 Courtroom 0 Vestibule 2068 Defendant Witness Waiting w/slidlng placard 2069 Attorney Client Conference w/sliding placard 2070 Lobby 2071 Waiting 2072 Women's Restroom 2073 Corridor Do we need a sign here? 2074 Janitor 2075 Men's Restroom 2076 Interpreter 2077 Courtroom E 2078 Secure Corridor ElF painted on 2079 Courtroom F 2080 Inmate Conference ElF painted on 2081 Attorney Conference ElF 2082 Defendant Witness Waiting w/sliding placard 2083 Attorney Client Conference w/sliding placard 2084 Courtroom "E" Vestibule 2085 Electricai Room 25 2086 Plaintiff Witness Waiting w/sliding placard 2087 Storage 2088 Plaintiff Witness Waiting w/sliding placard 2089 Defendant Wib1ess Waiting w/sliding placard 2090 Attorney Client Conference w/sliding placard 2091 Courtroom F Vestibule 2092 Stair #2 Freeman Justice Center Third Floor Room Slgnage Room 3001 3002 3003 3004 3005 3000 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 3043 3044 3045 3046 Name Stair #3 No Sign No Sign Judge's Chambers Administrative Services Manager Corridor Court Adminstration Court Adminstrator Judge's Chambers No Sign No Sign Stair #4 Courtroom B Corridor No Sign Void Men's Restroom Women's Restroom Hearing Room Jury Room 8 Grand Jury Room No Sign Women's Restroom Men's Restroom Judge's Conference Room Copy/MaiilStorage Room Women's Restroom Men's Restroom Human Resources Break Room Secure Corridor A Holding Room Court Technology Officer Hearing Room Jury Room A Men's Restroom Women's Restroom Courtroom A Corridor Void No Sign Courtroom A Courtroom A Secure Corridor Inmate Conference Attorney Conference Mechanical Storage Electricaf Room 3N ....;;,0-.:00 I SpeciallnstRlctlons w/sfidlng placard w/sljc:fing placard Do we need a sign here? w/sliding placard w/s/idlng placard w/sllding placard w/sliding placard w/stidlng placard w/sllding placard w/slldlng placard painted on painted on w/slidlng placard w/stidlng placard w/slidlng p'~ard painted on painted on w/s/fding placard p.IU Freeman JusUce Center Third Floor Room Slgnage Room 3047 3048 3049 3050 3051 3052 3053 3054 3055 3056 3057 3058 3059 3060 3061 3062 3063 3064 3065 3066 3067 3068 3Q69 3070 3071 3072 3073 3074 3075 3076 3077 3078 3079 r..."u-...vo I Name Speciallnstructfons Child Witness Waiting Courtroom A Vestibufe Defendant Witness Waiting Attorney Client Conference Storage Stair #1 Plantiff Witness Waiting Lobby Waiting Women's Restroom Corridor Janitor Men's Restroom Waiting Reception Court Security Electrical Room 3S Case Management Female Holding Male Holding Secure Corridor B I nmate Conference Attorney Conference Information Technology Jury Assembly Plantiff Witness Waiting Jury Clerk Janitor Defendant Witness Waiting Attorney Client Conference Courtroom B Vestibule Sta I r tf!2. Courtroom B w/sllding placard w/sliding placard w/sliding placard w/sliding placard Do we need a sign here? painted on painted on painted on painted on w/slidlng placard w/sliding placard w/sliding placard p.11 The lower Group, Inc. 405 sw 148 Avenue Suite One Davie, FL 33325 Phone: (954) 476-3200 Fax: (954) 474-3111 CHANGE ORDER REQUEST .: :, i' :' 1 , . No. 00099 ':r~ '! ~' .... ,.. i i ~ ~; ',. \ , J t '. -;.-"!( ';;-,..-f .. TITLE: Delete Ornamental Handrails DATE: 5/9/2007 JOB: 0417 &mnM=~: PROJECT: Freeman Justice Center (FJC) TO: Ann: Clark Briggs Monroe County Facilities Development I tOO Simonton Street Key West, FL 33040 Phone: (305) 295-4306 MAY~. 9- Fax: (305) 295-4321 riMe: -'"'\ RECEMD 8 ~ . From: T( G- Number: 26+ RE: f(n To: CS,4. DESCRIPTION OF PROPOSAL Change Order Request (COR) #99 proposes to deduct $23,760.00 from the Contract Price for deleting the ornamental handrails shown on the Contract Drawings at the 2nd Floor and 3rd Floor balconies. There is no change to the Contract Time associated with this deieted work. COR #99 is forwarded in response to the Architect's answer to RFI #264 (copy attached). ITG submitted RFI #264 at the request of Monroe County to obtain methods, if any, to install the handrails in advance ofthe brick and cast stone cladding. The Architect detennined that the work could not be done and recommended that it be deieted from this Contract's scope. The vaiue of this COR is based on Proposed Change Order (PCO) #H008 from Hernandez Ornamental, dated May 4,2007 (copy attached). Item 00001 Description Delete the Work to furnish and install ornamental handrails on the 2nd and 3rd floor balconies Stock# Quantity Units 1.000 Unit Price ($23.760,00) Tax Rate Tax Amount Net Amount 0.00% $0,00 ($23,760.00) Unit Cost: Unit Tax: Unit Total: ($23,760.00) $0.00 ($23,760.00) May 07 07 C4:1Cp Andrg hGrnancez 3006&;!l:!b19 p.d Peo j} Hooe Henandez Omamentallnc. 1910A NW 96th Ave. Miami, Florida 33172 Change Order i 51~~~e~7 J BltlTo I 1 The Tower Group Inc 405 SW 148th Ave. Suite one Davie, FL. 33325 A TTN: Tim Clarke I CO Number Proiect I a Freeman Justice Center Ouantity Descriotion Rate Amount 1 2nd & 3"d floor baloony guardrails ( removal ) -$23,760.00 -$23,760.00 I I j Total -$23.7€O.OO The Tower Group, Inc. REQUEST FOR INFORt'\1A TION No. 00264 -105 SW 148 Avenue Suite One ~,FL 33325 Phone: (954) 476-3200 Fax: (954)474-3111 TITLE: Om3l11ental Handrails DATE: III 1/2007 JOB: O~17 PROJECT: Freel11an Justice Center (FJC) TO: Attn: Hank Goldman Currie, So\\'ards, Aguila Archikcts 13~ N.E. 1 st .henue Delray Beach, Fl. 334~~ Phone: 561-276-~951 Fax: 561-243-818~ STARTED: CO~IPLETED: REQUIRED: 1/18/2007 REQUEST: Please provide details for installing the ornamental balcony handrails before the brick and cast stone cladding. Requested By:The Tower Group, Inc. Signed: John Chandler Date: E'\pedilion :~ ,__ ,SWER: In the 3/22/07 weekly meeting, Hank Goldman stated that the ornamental handrails cannot be fabricated until after the cladding is installed and field dimensions are verified. The only recourse to address this work item without cladding is to delete it from the Contractor's scope. 1~07 Answered By: Currie, Sowards, Aguila Architect Signed: Hank Goldman Date: MEMORANDUM TO: Board of County Commissioners From: Thomas J. Willi County Administrator Date: May 24, 2007 RE: Change Orders Attached is a proposed change order for The Tower Group, for the Freeman Justice Center. (Change Order #34 is for a decrease in the contract amount of $23,542.87 due to the revised scope for interior signage including vinyl stencils.) 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, May 25, 2007. ~r fhompt J. Willi County Administrator TJW: adc ---"J r i:1~C:: 1 Vi 1 Campo-Abra From: Campo-Abra Sent: Thursday, May 24, 200710:45 AM To: County Commissioners and Aides Subject: Freeman Justice Center Attachments: Change Order #34Tower Group.pdf; Change Order #33Tower Group.pdf Please review the attached Change Orders #33 and #34 from the Tower Group. Abra Campo Sr. Administrative Assistant Office of County Administrator 1100 Simonton St. Suite 205 Key West FL 33040 (305)292-4445 5/24/2007 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: 6/20/07 Division: Engineering Bulk Item: Yes X No Department: Engineering Staff Contact Person: Dave Koppe1l292-4407 AGENDA ITEM WORDING: Approval to award primary Disaster Response and Recovery Services Contract to DRC Inc. ITEM BACKGROUND: Monroe County needs a standing contract with an experienced disaster response and recovery contractor to respond to natural disasters. The Selection Committee has reviewed the eighteen responses and has recommended DRC Inc for the Primary contractor, and Crowder Gulf as the secondary contractor. Costs relative to Disaster Response and Recovery are eligible for Federal and State reimbursement during declared events. Due to some bidding irregularities, we are postponing the selection of the secondary contractor until we have further discussions with the County Attorney. PREVIOUS RELEVANT BOCC ACTION: The BOCC granted approval to advertise a Request for Proposals for Disaster Response and Recovery Services on January 17, 2007 in order for the County to select a debris contractor in advance of an event requiring County response. CONTRACT/AGREEMENT CHANGES: None STAFF RECOMMENDATIONS: Approval to waive irregularities and award contract TOTAL COST: To Be Determined BUDGETED: Yes NoX COST TO COUNTY 12.5% of actual cost SOURCE OF FUNDS: REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year APPROVED BY: County Atty ~ OMB/Purchasing _ Risk Management _ DOCUMENTA TION: Included Not Required_ DISPOSITION: AGENDA ITEM # Engineering Division MEMORANDUM To: Monroe County Board of County Commissioners From: Dave Koppel, P.E. County Engineer Date: June 14, 2007 Re: Disaster Services Contractor Agenda Item AGENDA ITEM WORDING: Approval to award primary Disaster Response and Recovery Services Contract to DRC Inc. ITEM BACKGROUND: Eighteen responses were received for the Disaster Response and Recovery Services RFP. At the beginning of the selection committee meeting, the committee acknowledged the need to obtain pricing clarifications and unit costs for additional debris classes in order to evaluate the cost proposals. The selection committee ranked the eighteen responses, and requested additional pricing information from the top three ranked respondents: Ashbritt, DRC, Inc. and Crowder-Gulf. The additional pricing information was requested for the following four items only: . Provide price for collection and hauling of seaweed for greater than 30 miles . Provide debris site management charge for seaweed . Provide debris site management charge for household hazardous waste . Provide per-unit price for freon removal from white goods DRC, Inc. had included the freon removal charge in the white goods collect and haul rate provided in their initial proposal, therefore, they revised the collect and haul rates once a separate per-unit Freon price was requested. In addition, Crowder-Gulf indicated that the vegetative debris site management unit cost of $1.40 per cubic yard that they provided in their proposal was incorrect, and they amended it to $4.15 per cubic yard. At the time of these pricing clarifications and corrections, the proposals were confidential, and the respondents did not have access to other respondents' pricing or proposals. Upon receipt of additional pricing information, a price comparison was performed using historical storm debris estimates. Based on this price comparison, DRC, Inc's. total storm cost was $8,482,889 and Crowder-Gulf's was slightly less at $8,343,002. Ashbritt's cost was $9,370,765. DRC, Inc. was selected as the primary contractor because the price difference between DRC and Crowder-Gulf was negligible (less that 2% of the storm cost) and they have performed hurricane recovery work in Monroe County in the past. Because of the incorrect bid provided by Crowder-Gulf and the subsequent modification, we are consulting with the County Attorney's Office. Therefore, we are not ready to recommend a secondary contractor at this time. June 14, 2007 PROJECT DETAILS: The top three respondents are capable of providing the services required, and while costs varied by category of debris and haul-out distance between the two, a true "low bidder" would be impossible to determine without knowing exactly how much, what type, and where debris will be generated is specific storms. STAFF RECOMMENDATIONS: Approval to waive irregularities discussed above and award contract. Page 2 of 2 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: DRC, Inc. Contract #_ Effective Date: Expiration Date: Contract Purpose/Description: Disaster Response and Recovery Services Contract Manager: David Koppel 4427 Engineering/# 1 (N ame) (Ext. ) (Department/Stop #) for BOCC meeting on 6/20/07 Agenda Deadline: 6/5/07 CONTRACT COSTS Total Dollar Value of Contract: $ TBD Budgeted? YesD No D Account Codes: Grant: $ County Match: $ 12.5% of total Current Year Portion: $ Q..DL -..ri::I.5.fJ 533/D-_ -_ - - - - ----- - - - - ----- - - - - ----- ADDITIONAL COSTS Estimated Ongoing Costs: $_/yr For: (Not included in dollar value above) (eg. maintenance, utilities, ianitoriai, salaries, etc.) CONTRACT REVIEW Division Director Date In (;/12 -rJA. 0-[3'0) YesD NocY Changes Needed YesD NoB'" Date Out Risk Man~m~t ~:i.I- tJ. \? O.M.B./Pur asing t., -l~ .07 County Attorney V)C)-jo' co:;;~~ ~~ !~t1j~ {I?-O'> &-13-0 ') J..~~.Ja.I'ed I 0... S(;CJera:f~ OMB Form Revised 2/27/01 Mep #2 MONROE COUNTY REQUEST FOR PROPOSALS FOR PROFESSIONAL SERVICES FOR Disaster Response and Recovery Services BOARD OF COUNTY COMMISSIONERS Mayor, Mario Di Gennaro, District 4 Mayor Pro-Tern, Dixie M Spehar, District 1 George Neugent, District 2 Mario Di Gennaro, District 4 Sylvia Murphy, District 5 COUNTY ADMINISTRATOR Thomas J. Willi CLERK OF THE CIRCUIT COURT Danny L. Kolhage COUNTY ENGINEER David S. Koppel, P.E. February 2007 PREPARED BY: Monroe County Engineering Division RFP for CONTRACTOR Services, Disaster Response and Recovery Services NOTICE OF PROPOSAL STATEMENT Request for Professional Services For Disaster Response and Recovery Services. The Board of County Commissioners of Monroe County, Florida, hereby requests, pursuant to Sec. 287.055, Florida Statutes, sealed proposals from qualifed firms or individuals for Disaster Response and Recovery Services. Interested firms or individuals are requested to indicate their interest by submitting a total of seven (7), two (2) signed originals and five (5) complete copies of their proposal in a sealed envelope clearly marked on the outside, with the Respondent's name and "Proposal Statement - Disaster Response and Recovery Services" addressed to Monroe County Purchasing Department, 1100 Simonton Street, Room 1- 213, Key West, FL 33040, on or before 3:00 P.M. local time on April 11, 2007. If sent by mail or by courier, the above-mentioned envelope shall be enclosed in another envelope addressed to the entity and address stated above. No proposals will be accepted after 3:00 P.M. Faxed or e-mailed proposals will be automatically rejected. Requirements for submission and the selection criteria may be requested from DemandStar by Onvia by calling 1-800-711-1712 or by going to the website www.demandstar.com or htto:/lwww.monroecountv-fl.2:ov/oa2:es/msdlbids.htm The Public Record is available at the Purchasing Office, 1100 Simonton Street, Key West, Florida. Technical questions are to be directed, in writing, to David S Parker, Senior Adminstrator, Special Projects, Engineering Division, 1100 Simonton Street, Key West, FL 33040, or by fax to (305) 295-4321. The Board reserves the right to reject any or all proposals, to waive irregularities in the proposals and to re-advertise for proposals. The Board also reserves the right to separately accept or reject any item or items of a proposal and to award and/or negotiate a contract in the best interest of the County. The areas of consideration for selecting the most qualified firm for the project include but are not limited to: · Responsiveness to requested materials and RFP criteria · Demonstrated data management/tracking/record keeping/reporting capabilities · Ability to coordinate with FEMA and other State and Federal disaster agencies · Organization and staffing · Strength of experience on similar projects · Proposal Project Methodology · Bid Amount A committee will be developed to review all qualified proposals. The committee will rank the submittals in order of preference and present the results to the County Commission with a recommendation to negotiate a contract with the preferred 2 RFP for CONTRACTOR Services, Disaster Response and Recovery Services person/firm. No binding contract is created between any person/firm and the County until a contract is approved by the County Commission. Monroe County's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Board of County Commissioners. All submissions must remain valid for a period of ninety (90) days from the date of the deadline for submission stated above. The Board will automatically reject the response of any person or affiliate who appears on the convicted vendor list prepared by the Department of General Services, State of Florida, under Sec. 287.133(3)( d), Florida Statute (1989). Monroe County declares that all or portions of the documents and work papers and other forms of deliverables pursuant to this request shall be subject to reuse by the County. Dated at Key West, this 2007. Monroe County Purchasing Department 3 TABLE OF CONTENTS NOTICE OF PROPOSAL STATEMENT SECTION ONE - Instruction to Respondents SECTION TWO - Scope of Work SECTION THREE - Draft Contract SECTION FOUR - County Forms SECTION ONE: INSTRUCTION TO RESPONDENTS 1.01 INTRODUCTION/BACKGROUND Monroe County ("County") is located in southern Florida and encompasses the Florida Keys and portions of the Everglades National Park and the Big Cypress National Preserve. The scope of this Request For Proposals includes the portions of Unincorporated Monroe County in the Florida Keys, which is comprised of a number of islands over 112 miles in length that extend from the southeastern tip of the Florida peninsula to Key West. The County maintains approximately 400 miles of roadway and is responsible for hurricane debris collection in these areas. The Federal Emergency Management Agency (FEMA) provides public assistance funds for disaster response, debris removal and disposal operations. The County requires a contractor to provide these and other disaster related services. The contractor must conduct all operations in full compliance with FEMA regulations and requirements for the County to be reimbursed for these disaster related expenses. 1.02 COPIES OF RFP DOCUMENTS A. Only complete sets of RFP Documents will be issued and used in preparing responses. The County does not assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets. B. Complete sets of RFP Documents may be obtained in the manner and at the locations stated in the Notice of Proposal Statement. 1.03 STATEMENT OF PROPOSAL REQUIREMENTS See notice of Proposal Statement 1.04 DISQUALIFICATION OF RESPONDENT A. NON-COLLUSION AFFIDAVIT: Any person submitting a proposal in response to this invitation must execute the enclosed NON-COLLUSION AFFIDAVIT. If it is discovered that collusion exists among the Respondents, the proposals of all participants in such collusion shall be rejected, and no participants in such collusion will be considered in future bids for the same work. B. PUBLIC ENTITY CRIME: 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 proposal on a contract to provide any goods or services to a public entity, may not submit a proposal on a contract with a public entity for the construction or repair of a public building or public work, may not submit Proposals on leases or perform work as a contractor, supplier, subcontractor, or CONTRACTOR under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. Category Two: $25,000.00 5 RFP for CONTRACTOR Services, Disaster Response and Recovery Services C. DRUG-FREE WORKPLACE FORM: Any person submitting a bid or proposal in response to this invitation must execute the enclosed DRUG-FREE WORKPLACE FORM and submit it with his bid or proposal. Failure to complete this form in every detail and submit it with the bid or proposal may result in immediate disqualification of the bid or proposal. D. LOBBYING AND CONFLICT OF INTEREST CLAUSE: Any person submitting a bid or proposal in response to this invitation must execute the enclosed LOBBYING AND CONFLICT OF INTEREST CLAUSE and submit it with his bid or proposal. Failure to complete this form in every detail and submit it with the bid or proposal may result in immediate disqualification of the bid or proposal. 1.05 EXAMINATION OF RFP DOCUMENTS A. Each Respondent shall carefully examine the RFP and other contract documents, and inform himself thoroughly regarding any and all conditions and requirements that may in any manner affect cost, progress, or performance of the work to be performed under the contract. Ignorance on the part of the Respondent shall in no way relieve him of the obligations and responsibilities assumed under the contract. B. Should a Respondent find discrepancies or ambiguities in, or omissions from, the specifications, or should he be in doubt as to their meaning, he shall at once notify the County. 1.06 INTERPRETATIONS, CLARIFICATIONS, AND ADDENDA No oral interpretations will be made to any Respondent as to the meaning of the contract documents. Any inquiry or request for interpretation received in writing seven (7) or more days prior to the date fixed for opening of responses will be given consideration. All such changes or interpretation will be made in writing in the form of an addendum and, if issued, will be furnished to all known prospective Respondents prior to the established Proposal opening date. Each Respondent shall acknowledge receipt of such addenda in their Proposal. In case any Respondent fails to acknowledge receipt of such addenda or addendum 1 his response will nevertheless be construed as though it had been received and acknowledged and the submission of his response will constitute acknowledgment of the receipt of same. All addenda are a part of the contract documents and each Respondent will be bound by such addenda, whether or not received by him. It is the responsibility of each Respondent to verify that he has received all addenda issued before responses are opened. 1.07 GOVERNING LAWS AND REGULATIONS The Respondent is required to be familiar with and shall be responsible for complying with all federal, state, and local laws, ordinances, rules, and regulations that in any manner affect the work. Knowledge of occupational license requirements and obtaining such licenses for Monroe County and municipalities within Monroe County are the responsibility of the Respondent. 6 RFP for CONTRACTOR Services, Disaster Response and Recovery Services 1.08 PREPARATION OF RESPONSES Signature of the Respondent: The Respondent must sign the response forms in the space provided for the signature. If the Respondent is an individual, the words "doing business as ", or "Sole Owner" must appear beneath such signature. In the case of a partnership, the signature of at least one of the partners must follow the firm name and the words "Member of the Firm" should be written beneath such signature. If the Respondent is a corporation, the title of the officer signing the Response on behalf of the corporation must be stated along with the Corporation Seal Stamp and evidence of his authority to sign the Response must be submitted. The Respondent shall state in the response the name and address of each person having an interest in the submitting entity. 1.09 SUBMISSION OF RESPONSES A. Two (2) signed originals and five (5) copies of each response shall be submitted. B. The response shall be submitted in a sealed envelope clearly marked on the outside, with the Respondents name and "Proposal Statement - Disaster Response and Recovery Services", addressed to the entity and address stated in the Notice of Proposal Statement, on or before 3:00 P.M. local time on April 11, 2007. If sent by mail or by courier, the above-mentioned envelope shall be enclosed in another envelope addressed to the entity and address stated in the Notice of Proposal Statement. Faxed or e-mailed statements of qualifications shall be automatically rejected. Responses will be received until the date and hour stated in the Notice of Proposal Statement. C. Each Respondent shall submit with his Response the required evidence of his qualifications and experience. 1.10 CONTENT OF SUBMISSION The proposal submitted in response to this RFP shall be printed on 8-1/2" x 11" white paper and bound; it shall be clear and concise and provide the information requested herein. Statements submitted without the required information will not be considered. Responses shall be organized as indicated below. The Respondent should not withhold any information from the written response in anticipation of presenting the information orally or in a demonstration, since oral presentations or demonstrations may not be solicited. Each Respondent must submit adequate documentation to certify the Respondent's compliance with the County's requirements. Respondents should focus specifically on the information requested. Additional information, unless specifically relevant, may distract rather than add to the Respondent's overall evaluation. The following information, at a minimum, shall be included in the Submittal: A. Cover Paae A cover page that states "PROPOSAL STATEMENT - DISASTER RESPONSE AND RECOVERY SERVICES" The cover page should contain Respondent's name, address, telephone number, and the name of the Respondent's contact person. 7 RFP for CONTRACTOR Services, Disaster Response and Recovery Services B. Tabbed Sections Tab 1. Executive Summary The Respondent shall provide a narrative of the firm's qualities and capabilities that demonstrate how the firm will work with the County to fulfill the requirements of the scope of work. Describe the firm's use of technology in the office and in the field and how it will be used to complete scope of work. Describe the firm's methodology for diasaster response and local debris recovery operations given the extensive amount of field work that will be required, as well as the firm's experience working with FEMA and other Federal and State disaster agencies. Tab 2. Relevant Experience The Respondent shall provide a project history of the firm or organization demonstrating experience with disaster response and debris recovery projects that are similar in scope and size to the proposed work. Tab 3. Past Performance on Similar Projects The Respondent shall provide a list of references for past projects similar to services outlined in Section Two of this RFP(Scope of Work) indicating the following: Name and full address of the referenced project Name and telephone number of client contact for referenced project Date of initiation and completion of contract Summary of the project and services Tab 4. Project Approach The Respondent shall provide a workplan that outlines the services that the firm is able to provide and explain how these services will be used to accomplish the Scope of Work in Section Two. The description should include details of field operations, data management operations, staffing levels, equipment to be used, minimum response time after a disaster, methods of debris collection and reduction, and methodology for complying with and responding to requirements of state and federal disaster agencies. The Respondent should describe the debris tracking and documentation process to ensure timely invoicing for services, and compliance with FEMA regulations and guidelines 8 RFP for CONTRACTOR Services, Disaster Response and Recovery Services Tab 5. Staffing for this Project & Qualifications of Key Personnel The Respondent shall describe the composition and structure of the firm (sole proprietorship, corporation, partnership, joint venture) and include names of persons with an interest in the firm. The Respondent shall include an organizational chart of all personnel to be used to complete the Scope of Work. Resumes for each individual, including education, background and experience should be included. This section should show evidence of the firm's ability to manage tasks simultaneously and expeditiously; approach to problem/task resolution and teamwork. The Respondent shall provide information on any subcontractors that may be employed in performing the Scope of Work. Tab 6. Litigation The Respondent shall provide a history of any past or pending claims and litigation in which the Respondent is involved as a result of the provision of the same or similar services which are requested or described herein. Tab 7. Additional Services The Respondent shall describe any other disaster response and recovery related services it is capable of providing other than the basic services detailed in Section Two (Scope of Work). Tab 8. Cost Summary The respondent shall provide a detailed cost summary for the work. The summary should include all costs for equipment and personnel used during all operations. Cost summary shall detail each type of work associated with the Scope of Work, cost basis, and unit cost. Unit costs shall be inclusive of all costs and expenses, and shall be provided for each class of debris. Unit prices shall be provided for each category listed in Tables One and Two in Section Two, Scope of Work. Tab 8 Pricing Detail 9 RFP for CONTRACTOR Services, Disaster Response and Recovery Services SCHEDULE 1 DEBRIS REMOVAL Description Collect & Haul Vegetative - ROW o miles - 15 miles 15.1 miles - 30 miles >30 miles Collect & Haul Non-Vegetative - ROW o miles - 15 miles 15.1 miles - 30 miles >30 miles Collect & Haul White Goods - ROW o miles - 15 miles 15.1 miles - 30 miles >30 miles Collect & Haul Hazardous Waste - ROW o miles - 15 mires 15.1 miles - 30 miles >30 miles Collect & Haul Seaweed~ ROW o miles - 15 miles 15.1 miles - 30 miles Tree Stump Removal Less than 6" in diameter 6 and greater but less than 12" in diameter Greater than 12" but less than 24" Greater than 24" but less than 48" 48" and greater TDSA Site Debris Management Vegetative Non4 Vegetative White Goods Haul-out of Reduced Debris to Final Disposal o miles - 30 miles 31 miles - 60 miles 61 miles- 100 miles 101 miles - 130 miles Greater than 130 miles Right of Entry Work Remove Vegetative Debris from private property Demolish and Remove Non-Vegetative Debris from private ro e Disposal of Animal Carcasses Beach Sand (Screening and Replacement) CYD CYD CYO ~~ \~::' ,"' *t:/("' ~~.."=~~)tt-.~~, \::, ,,~.\:~~~:. ....,f.:-~.. ~~ CYO CYD CYD ~,' ~.::-' < ~ .........,'.( 8.-::. ~ / , CYD CYD CYD Per Stump Per Stump Per Stump Per Stump Per Stump :~~~ ~~......;.... ~~~...., ~ . ~ ~ ~ ,..:....... ~ ~....:........ CYO CYO CYD CYD CYD CYD CYD CYD ~\~..; ~;~ <~ ~ ~ .. ~~i'~,~~""'.' '-. 7.\~~ .... ~ ~ t~j~:~~ CYD CYD Per Unit CYD NOTE: Right of Entry (ROE) rates apply to clearing debris from private property and hauling to closest public Right of Way (ROW). Standard debris rates apply to further debris handling 10 SCHEDULE 2 - UNIT RATE EQUIPMENT PRICE Equipment Type erator SCHEDULE 3 - HOURLY EQUIPMENT AND LABOR PRICE erson II Hourly Equipment Rate Tab 9. County forms Respondent shall complete and execute the forms specified below and found at the designated pages in this RFP, and shall include them in the section tabbed 9: Form PaQe Response Form 33 Lobbying and Conflict of Interest Clause 34 Non-Collusion Affidavit 35 Drug Free Workplace Form 36 Respondent's Insurance and Indemnification Statement 37 Insurance Agent's Statement 38 Copies of all professional and occupational licenses shall be included in this section. 1.11 MODIFICATION OF RESPONSES Written modification will be accepted from Respondents if addressed to the entity and address indicated in the Notice of Proposal Statement and received prior to Proposal due date and time. Modifications must be submitted in a sealed envelope clearly marked on the outside, with the Respondents name and "Modification to Proposal Statement - Disaster Response and Recovery Services". If sent by mail or by courier, the above-mentioned envelope shall be enclosed in another envelope addressed to the entity and address stated in the Notice of Request for Proposals. Faxed or e-mailed modifications shall be automatically rejected. 1.12 RESPONSIBILITY FOR RESPONSE The Respondent is solely responsible for all costs of preparing and submitting the response, regardless of whether a contract award is made by the County. 1.13 RECEIPT AND OPENING OF RESPONSES Responses will be received until the designated time and will be publicly opened. Respondents names shall be read aloud at the appointed time and place stated in the Notice of Request for Proposals. Monroe County's representative authorized to open the responses will decide when the specified time has arrived and no responses received thereafter will be considered. No responsibility will be attached to anyone for the premature opening of a response not properly addressed and identified. Respondents or their authorized agents are invited to be present. 1.14 DETERMINATION OF SUCCESSFUL RESPONDENT The County reserves the right to reject any and all responses and to waive technical errors and irregularities as may be deemed best for the interests of the County. Responses that contain modifications, are incomplete, unbalanced, conditional, obscure, or that contain additions not requested or irregularities of any kind, or that do not comply 12 in every respect with the Instruction to Respondent and the contract documents, may be rejected at the option of the County. 1.15 AWARD OF CONTRACT A. The County reserves the right to award separate contracts for portions of the work, waive any irregularity in any response, or to re-advertise for all or part of the work contemplated B. The County also reserves the right to reject the response of a Respondent who has previously failed to perform properly or to complete contracts of a similar nature on time, or who, after investigation of references or other criteria, does not meet County standards. C. The recommendation of the committee and the responses of three or more Respondents may be presented to the Board of County Commissioners of Monroe County, Florida, for final selection. Negotiations will be undertaken with the Respondents as ranked. 1.16 EXECUTION OF CONTRACT The Respondent with whom a contract is negotiated shall be required to return to the County four (4) executed counterparts of the prescribed contract together with the required certificates of insurance. 1.17 CERTIFICATE OF INSURANCE AND INSURANCE REQUIREMENTS The Respondent shall be responsible for all necessary insurance coverage as indicated below. Certificates of Insurance must be provided to Monroe County within fifteen (15) days after award of contract, with Monroe County BOCC listed as additional insured as indicated. If the proper insurance forms are not received within the fifteen (15) day period, the contract may be awarded to the next selected Respondent/Proposer. Policies shall be written by companies licensed to do business in the State of Florida and having an agent for service of process in the State of Florida. Companies shall have an A.M. Best rating of VI or better. Worker's Compensation Statutory Limits $1,000,000 Accident $1,000,000 Disease, policy limits $1,000,000 Disease each employee $1,000,000 Combined Single Limit Employers' Liability Insurance General Liability, including Premises Operation Products and Completed Operations Blanket Contractual Liability Personal Injury Liability Expanded Definition of Property Damage Vehicle Liability (Owned, non-owned and hired vehicles) $1,000,000 per Occurrence $1,000,000 Combined Single Limit Pollution liability $5,000,000 per Occurrence 13 $10,000,000 Aggregate Monroe County shall be named as an Additional Insured on the General Liability and Vehicle Liability policies. 1.18 INDEMNIFICATION The Respondent to whom a contract is awarded shall defend, indemnify and hold harmless the County as outlined below. The CONTRACTOR covenants and agrees to indemnify, hold harmless and defend Monroe County, its commissioners, officers, employees, agents and seNants from any and all claims for bodily injury, including death, personal injury, and property damage, including damage to property owned by Monroe County, and any other losses, damages, and expenses of any kind, including attorney's fees, court costs and expenses, which arise out of, in connection with, or by reason of seNices provided by the CONTRACTOR or any of its Subcontractor(s) in any tier, occasioned by the negligence, errors, or other wrongful act or omission of the CONTRACTOR, its Subcontractor(s) in any tier, their officers, employees, seNants or agents. In the event that 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. Should any claims be asserted against the County by virtue of any deficiency or ambiguity in the plans and specifications provided by the CONTRACTOR, the CONTRACTOR agrees and warrants that CONTRACTOR shall hold the County harmless and shall indemnify it from all losses occurring thereby and shall further defend any claim or action on the County's behalf. The first ten dollars ($10.00) of remuneration paid to the CONTRACTOR is consideration 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. This indemnification shall sUNive the expiration or earlier termination of the contract. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK 14 MONROE COUNTY, FLORIDA Request For Waiver of Insurance Requirements It is requested that the insurance requirements, as specified in the County's Schedule of Insurance Requirements, be waived or modified on the following contract: Respondent: Contract for: Address of Respondent: Phone: Scope of Work: Reason for Waiver: Policies Waiver will apply to: Signature of Respondent: Approved Not Approved Risk Management: Date: County Administrator appeal: Approved Not Approved Date: Board of County Commissioners appeal: Approved Not Approved Meeting Date: Respondent SIGNATURE 15 SECTION TWO: SCOPE OF WORK In the event of a disaster, the selected firm shall be responsible for providing emergency debris clearance (PUSH), Debris Recovery (loading and hauling of disaster related debris), management of Temporary Debris Storage and Reduction sites (TDSR), and tree stump and limb removal. All disaster response and recovery services shall be performed in compliance with FEMA and FHW A guidelines. Documentation and reports of work performed shall be in a form suitable for FEMA reimbursement. These operations will include will include, but not be limited to: A. Emergency Debris Removal (PUSH) · Immediately after a disaster, provide all necessary equipment, tools and personnel to clear primary roads and critical government facilities of debris to allow emergency vehicles access to areas in need of assistance as directed by the County · Debris should be stacked along edge of pavement on the shoulder of the road and not blocking driveways, side streets or utilities of any kind. · Emergency Debris Removal may require loading the debris, hauling the debris to an approved dumpsite, and dumping the debris at the approved dumpsite. · Provide daily reporting to include cumulative, daily, and hourly statistics detailing type of equipment and personnel used B. Debris Recovery and Disposal (Load and Haul) from County Roads and Facilities · Provide all necessary equipment and personnel to load and haul disaster- generated debris to an approved TDSR site. · Disaster-related debris will be sorted into clean vegetative, non-vegetative Seaweed, White Metal, hazardous waste, mixed and ineligible at the load sites · All debris shall be mechanically loaded and reasonably compacted. · Provide control of pedestrian and vehicular traffic in the work area, to include flag persons, signs or other devices necessary to ensure safe debris recovery operations · Provide daily reports on all debris recovery operations, to include all equipment and personnel used. The report shall detail daily and cumulative-to-date statistics on the number of truckloads, number of cubic yards of debris hauled, locations of completed work, and locations of current work for each type of debris recovered. · Identify landfills and/or other final disposal site(s) for all debris · Haul debris from TDSR sites to final disposal site(s) · Immediately investigate claims of damage to private property and/or County roads and rights-of-way due to debris operations and make repairs at no cost to the County · Provide all necessary equipment and personnel to remove seaweed and other debris from beach sand by screening, and return clean sand to beach as directed by the County 16 C. Management of Temporary Debris Storage and Reduction (TDSR) Sites · Provide sufficient personnel and equipment to operate multiple TDSR sites simultaneously within unincorporated Monroe County · Fully document pre-existing conditions at proposed TDSR sites with photographs and appropriate testing · Prepare each approved TDSR site to accept debris, to include clearing, erosion control, grading, construction and maintenance of haul roads and entrances and installation of inspection towers and security fencing · Establish site layout, including entrance, exit and internal haul roads at each TDSR site · Provide all management, supervision, labor, machines, tools, and equipment necessary to accept, process, reduce, sort, and dispose of disaster related debris. · Provide at least one inspection tower at each TDSR site constructed to pre- approved specifications · Debris reduction shall be performed by chipping / grinding only · Ensure all debris is properly staged and sorted. · Provide daily and cumulative-to-date reports for each TDSR site and inspection tower · Ensure TDSR sites are secure and not accessible by the public during operation and after working hours · After all debris has been reduced and hauled to final disposal site, perform site restoration and closeout, to include removal of site equipment (temporary toilets, inspection towers, security fence, etc) and restore the site to pre-work conditions D. Tree and Limb Removal · Provide all equipment, tools and personnel to safely remove hazardous leaning trees, hanging tree limbs as directed by Monroe County · Provide control of pedestrian and vehicular traffic in the work area, to include flag persons, signs or other devices necessary to ensure safe tree/limb removal operations · Ensure that strict Right-of-Entry procedures are followed for any hazardous tree or limb removal operations or performed which affect private property. · As directed by the County, remove all hazardous tree stumps, both uprooted and intact 17 1818 SECTION THREE: DRAFT CONTRACT AGREEMENT FOR DISASTER RESPONSE AND RECOVERY SERVICES This Agreement ("Agreement") made and entered into this _day of , 2007 by and between Monroe County, a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida, 33040, its successors and assigns, hereinafter referred to as "COUNTY," through the Monroe County Board of County Commissioners ("BOCC"), AND a of the State of , whose address is its successors and assigns, hereinafter referred to as "CONTRACTOR", WITNESSETH: WHEREAS, COUNTY desires to employ the professional services of CONTRACTOR for Disaster Response and Recovery Services; and WHEREAS, CONTRACTOR has agreed to provide professional services which shall include but not be limited to providing Disaster Response and Recovery Services, which services shall collectively be referred to as the "Project"; NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements stated herein, and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, COUNTY and CONTRACTOR agree as follows: FORM OF AGREEMENT ARTICLE 1 1.1 REPRESENTATIONS AND WARRANTIES By executing this Agreement, CONTRACTOR makes the following express representations and warranties to the COUNTY: 1.1.1 The CONTRACTOR shall maintain all necessary licenses, permits or other authorizations necessary to act as CONTRACTOR for the Project until the CONTRACTOR'S duties hereunder have been fully satisfied; 1.1.2 The CONTRACTOR has become familiar with the Project site and the local conditions under which the work is to be completed. 18 1919 1.1.3 The CONTRACTOR shall prepare all documentation required by this Agreement in such a manner that they shall be accurate, coordinated and adequate for use in verifying work completed by debris contractors and associated costs and shall be in conformity and comply with all applicable law, codes and regulations. The CONTRACTOR warrants that the documents prepared as a part of this Agreement will be adequate and sufficient to document costs in a manner that is acceptable for reimbursement by government agencies, therefore eliminating any additional cost due to missing or incorrect information; 1.1.4 The CONTRACTOR assumes full responsibility to the extent allowed by law with regards to his performance and those directly under his employ. 1.1.5 The CONTRACTOR'S services shall be performed as expeditiously as is consistent with professional skill and care and the orderly progress of the Project. In providing all services pursuant to this agreement, the CONTRACTOR shall abide by all statutes, ordinances, rules and regulations pertaining to, or regulating the provisions of such services, including those now in effect and hereinafter adopted. Any violation of said statutes, ordinances, rules and regulations shall constitute a material breach of this agreement and shall entitle the Board to terminate this contract immediately upon delivery of written notice of termination to the CONTRACTOR. 1.1.6 At all times and for all purposes under this agreement the CONTRACTOR is an independent contractor and not an employee of the Board of County Commissioners for Monroe County. No statement contained in this agreement shall be construed so as to find the CONTRACTOR or any of his/her employees, contractors, servants, or agents to be employees of the Board of County Commissioners for Monroe County. 1.1.7 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. ARTICLE II SCOPE OF BASIC SERVICES 2.1 DEFINITION CONTRACTOR'S Scope of Basic Services consists of those described in Attachment A. The CONTRACTOR shall commence work on the services provided for in this Agreement promptly upon his receipt of a written notice to proceed from the COUNTY. The notice to proceed will be in the form of a task order and must contain a description of the services to be performed, and the time within which services must be performed. 2.2 CORRECTION OF ERRORS, OMISSIONS, DEFICIENCIES The CONTRACTOR shall, without additional compensation, promptly correct any errors, omissions, deficiencies, or conflicts in the work product of the CONTRACTOR or its subCONTRACTORs, or both. 2.3 NOTICE REQUIREMENT ]9 2020 All written correspondence to the COUNTY shall be dated and signed by an authorized representative of the CONTRACTOR. Any notice required or permitted under this agreement shall be in writing and hand delivered or mailed, postage pre-paid, to the COUNTY by certified mail, return receipt requested, to the following: Mr. David S. Koppel, P.E. Monroe County Engineer 1100 Simonton Street, Room 2-215 Key West, Florida 33040 And: Mr. Thomas Willi Monroe County Administrator 1100 Simonton Street, Room 2-205 Key West, Florida 33040 For the CONTRACTOR: ARTICLE III ADDITIONAL SERVICES 3.1 The services described in Article III that may be provided by the CONTRACTOR (provided for example purposes only) and are not included in Basic Services. If requested by the COUNTY they shall be paid for as an addition to the compensation paid for the Basic Services but only if approved by the COUNTY before commencement, and may include, but are not limited to the following: · Generator supply, installation, maintenance, fueling and repairs · Removal of sand from roads, streets, rights-of-way, screening sand and returning clean sand to beaches or other designated areas · Emergency satellite telephone provision and/or other necessary communication resources · Recovery and destruction of dead fish, animals and livestock · General procurement, logistics and distribution- (tents, Meals-Ready-To-Eat, bottled water, ice, other emergency support items as required) · Temporary housing for emergency workers · Portable wash machines, dryers, toilets and shower units - supplies and maintenance · Provision of certified scales at debris sites to monitor trucks weight · Temporary offices, accommodations and support systems · Emergency clinic and support personnel · Mortuary support/recovery -mobilization and management of temporary morgues (including recovery of floating and displaced coffins and deceased persons) 20 2121 A. Providing services of CONTRACTOR for other than the previously listed scope of the Project provided as a part of Basic Services. B. Providing any other services not otherwise included in this Agreement or not customarily furnished in accordance with generally accepted debris recovery operations. C. Providing representation before public bodies in connection with the Project, upon approval by COUNTY. 3.2 If Additional Services are required, such as those listed above, the COUNTY shall issue a letter requesting and describing the requested services to the CONTRACTOR. The CONTRACTOR shall respond with a fee proposal to perform the requested services. Only after receiving an amendment to the Agreement and a notice to proceed from the COUNTY, shall the CONTRACTOR proceed with the Additional Services. ARTICLE IV COUNTY'S RESPONSIBILITIES 4.1 The COUNTY shall provide full information regarding requirements for the Project including physical location of work, county maintained roads, maps. 4.2 The COUNTY shall designate a representative to act on the COUNTY's behalf with respect to the Project. The COUNTY or its representative shall render decisions in a timely manner pertaining to documents submitted by the CONTRACTOR in order to avoid unreasonable delay in the orderly and sequential progress of the CONTRACTOR'S services. 4.3 Prompt written notice shall be given by the COUNTY and its representative to the CONTRACTOR if they become aware of any fault or defect in the Project or non- conformance with the Agreement Documents. Written notice shall be deemed to have been duly served if sent pursuant to paragraph 2.3. 4.4 The COUNTY shall furnish the required information and services and shall render approvals and decisions as expeditiously as necessary for the orderly progress of the CONTRACTOR'S services and work of the contractors. 4.5 The COUNTY's review of any documents prepared by the CONTRACTOR or its subCONTRACTORs shall be solely for the purpose of determining whether such documents are generally consistent with the COUNTY's criteria, as, and if, modified. No review of such documents shall relieve the CONTRACTOR of responsibility for the accuracy, adequacy, fitness, suitability or coordination of its work product. 4.6 The COUNTY shall provide copies of necessary documents required to complete the work. 4.7 Any information that may be of assistance to the CONTRACTOR that the COUNTY has immediate access to will be provided as requested. 2i 2222 ARTICLE V INDEMNIFICATION AND HOLD HARMLESS The CONTRACTOR covenants and agrees to indemnify, hold harmless and defend COUNTY, its commissioners, officers, employees, agents and servants from any and all claims for bodily injury, including death, personal injury, and property damage, including damage to property owned by Monroe County, and any other losses, damages, and expenses of any kind, including attorney's fees, court costs and expenses, which arise out of, in connection with, or by reason of services provided by CONTRACTOR or its Subcontractor(s) in any tier, occasioned by the negligence, errors, or other wrongful act or omission of the CONTRACTOR, its Subcontractor(s) in any tier, their officers, employees, servants and agents. In the event that 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 COUNTY from any and all increased expenses resulting from such delay. Should any claims be asserted against COUNTY by virtue of any deficiency or ambiguity in the plans and specifications provided by the CONTRACTOR, the CONTRACTOR agrees and warrants that CONTRACTOR hold the County harmless and shall indemnify it from all losses occurring thereby and shall further defend any claim or action on the COUNTY's behalf. The first ten dollars ($10.00) of remuneration paid to the CONTRACTOR is consideration 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. This indemnification shall survive the expiration or earlier termination of the Agreement. ARTICLE VI PERSONNEL 6.1 PERSONNEL The CONTRACTOR shall assign only qualified personnel to perform any service concerning the project. At the time of execution of this Agreement, the parties anticipate that the following named individuals will perform those functions as indicated: NAME FUNCTION 22 2323 So long as the individuals named above remain actively employed or retained by the CONTRACTOR, they shall perform the functions indicated next to their names. If they are replaced the CONTRACTOR shall notify the COUNTY of the change immediately. ARTICLE VII COMPENSATION 7.1 PAYMENT SUM 7.1.1 The COUNTY shall pay the CONTRACTOR in current funds for the CONTRACTOR'S performance of this Agreement based on rates negotiated and agreed upon and shown in Attachment B. 7.2 PAYMENTS 7.2.1 For its assumption and performances of the duties, obligations and responsibilities set forth herein, the CONTRACTOR shall be paid monthly. (A) If the CONTRACTOR'S duties, obligations and responsibilities are materially changed by amendment to this Agreement after execution of this Agreement, compensation due to the CONTRACTOR shall be equitably adjusted, either upward or downward; (B) As a condition precedent for any payment due under this Agreement, the CONTRACTOR shall submit monthly, unless otherwise agreed in writing by the COUNTY, a proper invoice to COUNTY requesting payment for services properly rendered and reimbursable expenses due hereunder. The CONTRACTOR'S invoice shall describe with reasonable particularity the service rendered. The CONTRACTOR'S invoice shall be accompanied by such documentation or data in support of expenses for which payment is sought at the COUNTY may require. 7.3 REIMBURSABLE EXPENSES Rates shall be inclusive of all reimbursable expenses. 7.4 BUDGET 7.4.1 The CONTRACTOR may not be entitled to receive, and the COUNTY is not obligated to pay, any fees or expenses in excess of the amount budgeted for this contract in each fiscal year (October 1 - September 30) by COUNTY's Board of County Commissioners. The budgeted amount may only be modified by an affirmative act of the COUNTY's Board of County Commissioners. 7.4.2 The COUNTY's performance and obligation to pay under this Agreement 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 VIII INSURANCE 23 2424 8.1 The CONTRACTOR shall obtain insurance as specified and maintain the required insurance at all times that this Agreement is in effect. 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. 8.2 The coverage provided herein shall be provided by an insurer with an A.M. Best rating of VI or better, that is licensed to business in the State of Florida and that has an agent for service of process within the State of Florida. The coverage shall contain an endorsement providing sixty (60) days notice to the COUNTY prior to any cancellation of said coverage. Said coverage shall be written by an insurer acceptable to the COUNTY and shall be in a form acceptable to the COUNTY. 8.3 CONTRACTOR shall obtain and maintain the following policies: A. Workers' Compensation insurance as required by the State of Florida, sufficient to respond to Florida Statute 440. B. Employers Liability Insurance with limits of $1,000,000 per Accident, $1,000,000 Disease, policy limits, $1,000,000 Disease each employee. C. Comprehensive business automobile and vehicle liability insurance covering claims for injuries to members of the public and/or damages to property of others arising from use of motor vehicles, including onsite and offsite operations, and owned, hired or non- owned vehicles, with One Million Dollars ($1,000,000.00) combined single limit and One Million Dollars ($1,000,000.00) annual aggregate. D. Commercial general liability, including Personal Injury Liability, covering claims for injuries to members of the public or damage to property of others arising out of any covered act or omission of the CONTRACTOR or any of its employees, agents or subcontractors or subCONTRACTORs, including Premises and/or Operations, Products and Completed Operations, Independent Contractors; Broad Form Property Damage and a Blanket Contractual Liability Endorsement with One Million Dollars ($1,000,000) per occurrence and annual aggregate. 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 must extend for a minimum of 48 months following the termination or expiration of this contract. E. Professional liability insurance of One Million Dollars ($1,000,000.00) per occurrence and Two Million Dollars ($2,000,000.00) annual aggregate. If the policy is a "claims made" policy, CONTRACTOR shall maintain coverage or purchase a "tail" to cover claims made after completion of the project to cover the statutory time limits in Chapter 95 of the Florida Statutes. F. COUNTY shall be named as an additional insured with respect to CONTRACTOR'S liabilities hereunder in insurance coverages identified in Paragraphs C and D. 24 2525 G. CONTRACTOR shall require its subCONTRACTORs to be adequately insured at least to the limits prescribed above, and to any increased limits of CONTRACTOR if so required by COUNTY during the term of this Agreement. COUNTY will not pay for increased limits of insurance for subCONTRACTORs. H. CONTRACTOR shall provide to the COUNTY certificates of insurance or a copy of all insurance policies including those naming the COUNTY as an additional insured. The COUNTY reserves the right to require a certified copy of such policies upon request. I. 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. ARTICLE IX MISCELLANEOUS 9.1 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. 9.2 OWNERSHIP OF THE PROJECT DOCUMENTS The documents prepared by the CONTRACTOR for this Project belong to the COUNTY and may be reproduced and copied without acknowledgement or permission of the CONTRACTOR. 9.3 SUCCESSORS AND ASSIGNS 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 the 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. Subject to the provisions of the immediately preceding sentence, each party hereto binds itself, its successors, assigns and legal representatives to the other and to the successors, assigns and legal representatives of such other party. 9.4 NO THIRD PARTY BENEFICIARIES Nothing contained herein shall create any relationship, contractual or otherwise, with or any rights in favor of, any third party. 9.5 TERMINATION A. In the event that the CONTRACTOR shall be found to be negligent in any aspect of service, the COUNTY shall have the right to terminate this agreement after five days written notification to the CONTRACTOR. 25 2626 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. 9.6 CONTRACT DOCUMENTS This contract consists of the Proposal Statement, any addenda, the Form of Agreement (Articles I-IX), the CONTRACTOR'S response to the RFP, the documents referred to in the Form of Agreement as a part of this Agreement, and attachments , and modifications made after execution by written amendment. In the event of any conflict between any of the Contract documents, the one imposing the greater burden on the CONTRACTOR will control. 9.7 PUBLIC ENTITIES CRIMES 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 contracts to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or CONTRACTOR 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 this Agreement, CONTRACTOR represents that the execution of this Agreement will not violate the Public Entity Crimes Act (Section 287.133, Florida Statutes). Violation of this section shall result in termination of this Agreement and recovery of all monies paid hereto, and may result in debarment from COUNTY's competitive procurement activities. In addition to the foregoing, CONTRACTOR further represents that there has been no determination, based on an audit, that it or any subCONTRACTOR has committed an act defined by Section 287.133, Florida Statutes, as a "public entity crime" and that it has not been formally charged with committing an act defined as a "public entity crime" regardless of the amount of money involved or whether CONUSUL T ANT has been placed on the convicted vendor list. CONTRACTOR will promptly notify the COUNTY if it or any subcontractor or CONTRACTOR is formally charged with an act defined as a "public entity crime" or has been placed on the convicted vendor list. 9.8 MAINTENANCE OF RECORDS CONTRACTOR shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Records shall be retained for a period of five years from the termination of this agreement. Each party to this Agreement or its 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, or were wrongfully 26 2727 retained by the CONTRACTOR, the CONTRACTOR shall repay the monies together with interest calculated pursuant to Sec. 55.03, of the Florida Statutes, running from the date the monies were paid by the COUNTY. 9.9 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 this Agreement, COUNTY and CONTRACTOR agree that venue shall lie in the 16th Judicial Circuit, Monroe County, Florida, in the appropriate court or before the appropriate administrative body. This agreement shall not be subject to arbitration. 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. 9.10 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. 9.11 ATTORNEY'S FEES AND COSTS The COUNTY and CONSULTANT 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 the Agreement, the prevailing party shall be entitled to reasonable attorney's fees and court costs, as an award against the non-prevailing party, and shall include attorney's fees and courts costs in appellate proceedings. 9.12 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. 9.13 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. 9.14 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 27 2828 that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. 9.15 ADJUDICATION OF DISPUTES OR DISAGREEMENTS COUNTY and CONTRACTOR agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If no resolution can be agreed upon within 30 days after the first meet and. confer session, the issue or issues shall be discussed at a public meeting of the Board of County Commissioners. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. This provision does not negate or waive the provisions of paragraph 9.5 concerning termination or cancellation. 9.16 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. 9.17 NONDISCRIMINATION CONTRACTOR 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. CONTRACTOR or COUNTY agrees 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 patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as may be amended from time to time, relating to nondiscrimination 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; 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. 28 2929 9.18 COVENANT OF NO INTEREST CONTRACTOR and COUNTY 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. 9.19 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. 9.20 NO SOLICITATION/PAYMENT The CONTRACTOR and COUNTY 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. 9.21 PUBLIC ACCESS. The CONTRACTOR and COUNTY shall allow and permit reasonable access to, and inspection of, all documents, papers, letters or other materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the CONTRACTOR and COUNTY in connection with this Agreement; and the COUNTY shall have the right to unilaterally cancel this Agreement upon violation of this provision by CONTRACTOR. 9.22 NON-WAIVER OF IMMUNITY Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the CONTRACTOR and the COUNTY 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. 9.23 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 29 3030 apply to the activity of officers, agents, or employees of any public agents or employees of the COUNTY, when periorming their respective functions under this Agreement within the territorial limits of the COUNTY shall apply to the same degree and extent to the periormance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the COUNTY. 9.24 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 periormance thereof by any participating entity, in which case the periormance 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. 9.25 NON-RELIANCE BY NON-PARTIES No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or program contemplated hereunder, and the CONTRACTOR and the COUNTY agree that neither the CONTRACTOR nor the COUNTY 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. 9.26 ATTESTATIONS AND TRUTH IN NEGOTIATION CONTRACTOR agrees to execute such documents as COUNTY may reasonably require, including a Public Entity Crime Statement, an Ethics Statement, and a Drug-Free Workplace Statement. Signature of this Agreement by CONTRACTOR shall act as the execution of a truth in negotiation certificate stating that wage rates and other factual unit costs supporting the compensation pursuant to the Agreement are accurate, complete, and current at the time of contracting. The original contract price and any additions thereto shall be adjusted to exclude any significant sums by which the agency determines the contract price was increased due to inaccurate, incomplete, or concurrent wage rates and other factual unit costs. All such adjustments must be made within one year following the end of the Agreement. 9.27 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. 9.28 EXECUTION IN COUNTERPARTS 30 3131 This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. 9.29 FEDERAL HIGHWAY ADMINISTRATION REQUIREMENTS The following forms and provisions are incorporated in and made a part of this contract. 9.29.1 Davis-Bacon Act - In accordance with the Davis-Bacon Act, the CONTRACTOR or their subcontractors shall pay workers employed directly upon the site of the work no less than the locally prevailing wages and fringe benefits paid on projects of a similar character. The current prevailing wage rates can be found at: www.access.Qpo.qov/davisbacon/fl.htmlunder Monroe County. 9.29.2 Americans with Disabilities Act of 1990 (ADA) - The CONTRACTOR will comply with all the requirements as imposed by the ADA, the regulations of the Federal government issued thereunder, and the assurance by the CONTRACTOR pursuant thereto. 9.29.3 Disadvantaged Business Enterprise (DBE) Policy and Obligation - It is the policy of the COUNTY that DBE's, as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part with COUNTY funds under this Agreement. The DBE requirements of applicable federal and state laws and regulations apply to this Agreement. The COUNTY and its CONTRACTOR agree to ensure that DBE's have the opportunity to participate in the performance of this Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with applicable federal and state laws and regulations to ensure that the DBE's have the opportunity to compete for and perform contracts. The COUNTY and the CONTRACTOR and subcontractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of contracts, entered pursuant to this Agreement. 9.29.4 Convict Labor - The convict labor prohibition in 23 U.S.C. 114 applies to emergency repair projects. Convict labor cannot be used in emergency repair construction projects. 9.29.5 FHWA Form 1273 is attached hereto as Exhibit A and made a part of this Agreement. 9.29.6 The requirements of 23 CFR Part 635.410 Buy America Requirements are attached hereto as Exhibit B and made a part of this Agreement. IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its duly authorized representative on the day and year first above written. (SEAL) Attest: DANNY L. KOLHAGE, Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA 31 3232 By: Deputy Clerk By: Mayor/Chairman Date: (Seal) Attest: CONTRACTOR BY: By: Title: Title: END OF AGREEMENT 32 3333 SECTION FOUR: RESPONSE FORMS RESPONSE FORM RESPOND TO: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS c/o PURCHASING DEPARTMENT GA TO BUILDING, ROOM 1-213 1100 SIMONTON STREET KEY WEST, FLORIDA 33040 I acknowledge receipt of Addenda No.(s) I have included: a The Submission Response Form_ a Lobbying and Conflict of Interest Clause _ a Non-Collusion Affidavit a Drug Free Workplace Form_ a Respondent's Insurance and Indemnification Statement _ a Insurance Agent's Statement _ In addition, I have included a current copy of the following professional and occupational licenses: (Check mark items above. as a reminder that they are included.) Mailing Address: Telephone: Fax: Date: Signed: Witness: (Seal) (Name) (Title) 33 3434 LOBBYING AND CONFLICT OF INTEREST CLAUSE SWORN STATEMENT UNDER ORDINANCE NO. 010-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE (Company) warrants that he/it has not employed, retained or otherwise had act on his/its behalf any former County officer or employee in violation of Section 2 of Ordinance No. 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: COUNTY OF: Subscribed and sworn to (or affirmed) before me on (date) by (name of affiant). He/She is personally known to me or has produced as identification. (type of identification) NOTARY PUBLIC My commission expires: 34 3535 NON-COLLUSION AFFIDAVIT I, of the city of according to law on my oath, and under penalty of perjury, depose and say that: 1. I am of the firm of the bidder making the Proposal for the project described in the Request for Qualifications for: and that I executed the said proposal with full authority to do so: 2. the prices in this bid have been arrived at independently without collusion, consultation, communication or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any competitor; 3. unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to bid opening, directly or indirectly, to any other bidder or to any competitor; and 4. no attempt has been made or will be made b the bidder to induce any other person, partnership or corporation to submit, or not to submit, a bid for the purpose of restricting competition; 5. the statements contained in this affidavit are true and correct, and made with full knowledge that Monroe County relies upon the truth of the statements contained in this affidavit in awarding contracts for said project. (Signature of Respondent) (Date) STATE OF: COUNTY OF: PERSONALLY APPEARED BEFORE ME, the undersigned authority, who, after first being sworn by me, (name of individual signing) affixed his/her signature in the space provided above on this _ day of 20_. NOTARY PUBLIC My Commission Expires: 35 3636 DRUG-FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: (Name of Business) 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual seNices 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 seNices that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, or any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. Respondent's Signature Date NOTARY PUBLIC My Commission Expires: 36 3737 Respondent's Insurance and Indemnification Statement Insurance Reauirement Reauired Limits Worker's Compensation Statutory Limits Employer's Liability $1000,000/$1,000,000/$1,000,000 General Liability $1,000,000 Combined Single Limit $1,000,000 Combined Single Limit per Occurrence/$1 ,000,000 Aggregate Vehicle Liability Professional Liability $1,000,000 per occurrence $2,000,000 aggregate IDEMNIFICATION AND HOLD HARMLESS FOR CONTRACTORS AND SUBCONTRACTORS The CONTRACTOR covenants and agrees to indemnify, hold harmless and defend Monroe County, its commissioners, officers, employees, agents and servants 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 of any kind, including attorney's fees, court costs and expenses, 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 or omission of the CONTRACTOR, including its Subcontractor(s) in any tier, their officers, employees, servants or agents. In the event that the completion of the project (to include the work of others) is delayed or suspended as a result of the Architect/Engineer/CONTRACTOR's failure to purchase or maintain the required insurance, the Architect/Engineer/CONTRACTOR shall indemnify the County from any and all increased expenses resulting from such delay. Should any claims be asserted against the COUNTY by virtue of any deficiency or ambiguity in the plans and specifications provided by the CONTRACTOR, the CONTRACTOR agrees and warrants that CONTRACTOR shall hold the County harmless and shall indemnify it from all losses occurring thereby and shall further defend any claim or action on the County's behalf. The first ten dollars ($10.00) of remuneration paid to the CONTRACTOR is consideration 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. This indemnification shall survive the expiration or earlier termination of the Agreement. RESPONDENT'S STATEMENT I understand the insurance that will be mandatory if awarded the contract and will comply in full with all the requirements. Respondent Signature 37 3838 INSURANCE AGENT'S STATEMENT I have reviewed the above requirements with the bidder named below. The following deductibles apply to the corresponding policy. POLICY DEDUCTIBLES Liability policies are _Occurrence Claims Made Insurance Agency Signature Print Name: 38 REQUEST FOR PROPOSALS FOR DISASTER RESPONSE AND RECOVERY ADDENDUM NO.1 March 8, 2007 The information contained in this addendum modifies, supplements or replaces the information contained in the Request for Proposals and is hereby made a part of the Contract Documents. SECTION ONE: INSTRUCTION TO RESPONDENTS 1.09 SUBMISSION OF RESPONSES B. Revise sentence one: The response shall be submitted in a sealed envelope clearly marked on the outside, with the Respondents name and "Proposal Statement - Disaster Response and Recovery Services", addressed to the entity and address stated in the Notice of Proposal Statement, on or before 3:00 P.M. local time on April 11, 2007. 1.10 CONTENT OF SUBMISSION Part B, Tabbed Sections: delete the text of Tab 8 Cost Summary and replace with the following: Tab 8. Cost Summary The respondent shall provide a detailed cost summary for the work. The summary should include all costs for equipment and personnel used during all operations. Cost summary shall detail each type of work associated with the Scope of Work, cost basis, and unit cost. Unit costs shall be inclusive of all costs and expenses, and shall be provided for each class of debris. Unit prices shall be provided for each category listed in the Scope of Work, as listed in Schedules One, Two and Three below. Prices for all services in paragraph E, Logistical and Recovery Operation Services of the Scope of Work shall clearly identify the cost and scope of all services required. Costs for services which cannot practically be provided with a detailed breakdown should be provided at "Cost Addendum No.1 Disaster Response and Recovery Services Page I of 3 (supported by invoices) plus a fair amount to cover administrative costs, plus a reasonable profit". Respondents should declare that to the best of their knowledge all proposed costs are reasonable and customary for the services listed. SECTION TWO: SCOPE OF WORK Add paragraph E. E. Logistical and Recovery Operation Services · General procurement and logistics from tents to meals ready to eat (MRE), all emergency and support items purchased, warehoused, and delivered · Provide temporary housing, restroom, shower and laundry facilities for emergency workers to include related supplies, services, and maintenance · General (temporary) warehousing and support · Temporary offices, mobile command centers, accommodations and support · Emergency generator services with licensed electrician support to specified facilities to include hauling, installing, servicing and removal · Ice, water and fuel delivery and distribution services to specified facilities · Provide for hazardous waste recovery, disposal and remediation in flooded environments, including canals, to include permitting, testing and related services. · Provide emergency satellite telephone service and/or other necessary communication resource. · Recovery and destruction of dead fish, animals, and livestock · Provide emergency clinics and support personnel SECTION THREE: DRAFT CONTRACT Article III - Additional Services Paragraph 3.1 Revise sentence two: If requested by the COUNTY they shall be paid for as an addition to the compensation paid for the Basic Services but only if approved by the COUNTY before commencement. Delete the following: · Generator supply, installation, maintenance, fueling and repairs · Removal of sand from roads, streets, rights-of-way, screening sand and returning clean sand to beaches or other designated areas Addendum No.1 Disaster Response and Recovery Services Page 2 of 3 · Emergency satellite telephone provision and/or other necessary communication resources · Recovery and destruction of dead fish, animals and livestock · General procurement, logistics and distribution- (tents, Meals-Ready- To-Eat, bottled water, ice, other emergency support items as required) · Temporary housing for emergency workers · Portable wash machines, dryers, toilets and shower units - supplies and maintenance · Provision of certified scales at debris sites to monitor tmcks weight · Temporary offices, accommodations and support systems · Emergency clinic and support personnel · Mortuary support/recovery -mobilization and management of temporary morgues (including recovery of floating and displaced coffins and deceased persons) All other items remain as called for in the contract documents. End of Addendum No.1. Addendum No.1 Disaster Response and Recovery Services Page 3 of 3 REQUEST FOR PROPOSALS FOR DISASTER RESPONSE AND RECOVERY SERVICES ADDENDUM NO.2 March 19, 2007 The information contained in this addendum modifies, supplements or replaces the information contained in the Request for Proposals and is hereby made a part of the Contract Documents, and the following information is provided in response to specific questions regarding the subject Request for Proposals: Has there been any other "addendum" issued by the County regarding this solicitation as of this date, March 14, 2007 other than Addendum #1? No. Is there a mandatory on-site (Key West) conference prior to the submission date of this proposal? No. Are there any bid bonds, performance bonds, or payment bonds required for this contract, and of so what are their parameters? No bonds are required When submitting the proposal, are the copies of the actual documents required to be included in the proposal, such as occupational licenses, contractor licenses, and other certificates? Page 33 of the RFP, "Response Form" requires the respondent to provide a list of all current licenses and attach copies. Is/was there a current incumbent who operated this contract previously for Monroe County, and if so are they submitting a proposal for this contract at this time? Addendum No.2 Disaster Response and Recovery Services Page I of 2 The current contract with DRC, Inc. expires April I, 2007. Monroe County Purchasing will accept proposals from all interested bidders until the advertised bid opening date and time. Are three ring binders appropriate binding medium for this proposal's submission? Three ring binders are an acceptable form of binding method. What are the length of years for this contract and are there renewable option years under this contract? The term of the contract is five (5) years, with an option to extend the contract in one year increments, which shall increase the term of the contract no more than five (5) additional years (see contract addition below). Does there need to be separate volumes for the price and cost segment and also that of the technical proposal? Refer to Section One, Tab eight for pricing requirements to be included in Response. SECTION THREE: DRAFT CONTRACT ARTICLE 1 1.1 REPRESENT AT ION AND WARRANTIES Add: 1.1.8 The effective date of this AGREEMENT shall be . The term of AGREEMENT shall be for a five (5) year period, unless otherwise terminated as provided herein. The COUNTY shall have the option of extending the AGREEMENT in one (1) year increments for up to five (5) additional years at the same terms and conditions with approval of the COUNTY'S governing board. Such extension(s) shall be in the form of a written Amendment to the AGREEMENT executed by both parties. All other items remain as called for in the contract documents. End of Addendum No.2. Addendum No.2 Disaster Response and Recovery Services Page 2 of 2 REQUEST FOR PROPOSALS FOR DISASTER RESPONSE AND RECOVERY SERVICES ADDENDUM NO.3 April 3, 2007 The information contained in this addendum modifies, supplements or replaces the information contained in the Request for Proposals and is hereby made a part of the Contract Documents, and the following information is provided in response to specific questions regarding the subject Request for Proposals: With Monroe County Licensure in place, what, if any, other municipalities-licensure would we need for this particular proposal? Contractors are required to be licensed by the State of Florida, and be registered in Monroe County. Contractor licensing inquiries should be directed to Odalys Mayan, Monroe County Building Department, 305 2892583. It is the responsibility of the contractor to obtain all licenses that may be required to perform the Scope of Services. What Pollution Insurance coverage is required? Pollution coverage is required at the levels of $ 5 Million ($5,000,000.00) single occurrence and $ 10 Million ($10,000,000.00) aggregate. Certificates of insurance must be in affect at the time of Contract execution. All other items remain as called for in the contract documents. End of Addendum No.3. Addendum No.3 Disaster Response and Recovery Services Page 1 of 1 AGREEMENT FOR CONTRACTOR SERVICES for Disaster Response and Recovery Services This Agreement ("Agreement") made and entered into this _day of , 2007 by and between Monroe County, a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida, 33040, its successors and assigns, hereinafter referred to as "COUNTY," through the Monroe County Board of County Commissioners ("BOCC"), AND DRC Emeraency Services. LLC . a limited liability company organized under the laws of Alabama, and authorized to transact business in the State of Florida, whose address is 740 Museum Drive. Mobile. Alabama 36608 its successors and assigns, hereinafter referred to as "CONTRACTOR", WITNESSETH: WHEREAS, COUNTY desires to employ the professional seNices of CONTRACTOR for Disaster Response and Recovery SeNices; and WHEREAS, CONTRACTOR has agreed to provide professional seNices which shall include but not be limited to providing disaster response services to respond to hurricanes, tornadoes, floods, mass migration, and other natural and manmade events, which services shall collectively be referred to as the "Project"; NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements stated herein, and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, COUNTY and CONTRACTOR agree as follows: FORM OF AGREEMENT ARTICLE I 1.1 REPRESENTATIONS, AND TERM OF AGREEMENT By executing this Agreement, CONTRACTOR makes the following express representations and warranties to the COUNTY: 1.1.1 The CONTRACTOR shall maintain all necessary licenses, permits or other authorizations necessary to act as CONTRACTOR for the Project until the CONTRACTOR'S duties hereunder have been fully satisfied; 1.1.2 The CONTRACTOR has become familiar with the Project site and the local conditions under which the Work is to be completed. 1.1.3 The CONTRACTOR shall prepare all documentation required by this Agreement in such a manner that they shall be accurate, coordinated and adequate for use in verifying work completed by debris contractors and associated costs and shall be in conformity and comply with all applicable law, codes and regulations. The CONTRACTOR will prepare documents under this Agreement in accordance with industry standards and in a manner consistent with local, state, and federal reimbursement requirements known at the time; 1.1.4 The CONTRACTOR assumes full responsibility to the extent allowed by law with regards to his performance and those directly under his employ. 1.1.5 The CONTRACTOR'S seNices shall be performed as expeditiously as is consistent with professional skill and care and the orderly progress of the Project. In providing all services pursuant to this agreement, the CONTRACTOR shall abide by all statutes, ordinances, rules and regulations pertaining to, or regulating the provisions of such seNices, 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. 1.1.6 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, seNants, or agents to be employees of the Board of County Commissioners for Monroe County. 1.1.7 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 seNices or goods under this agreement. 1.1.8 The effective date of this agreement shall be The term of the agreement shall be for a five (5) year period, unless otherwise terminated as provided herein. The COUNTY shall have the option of extending the AGREEMENT for one (1) additional five (5) year period at the same terms and conditions with approval from the COUNTY'S Governing Board. Such extension shall be in the form of a written Amendment to the AGREEMENT executed by both parties. ARTICLE II SCOPE OF BASIC SERVICES 2.1 DEFINITION CONTRACTOR'S Scope of Basic SeNices consists of those described in Attachment A. The CONTRACTOR shall commence work on the seNices provided for in this Agreement promptly upon his receipt of a written notice to proceed from the COUNTY. The notice to proceed will be in the form of a task order and must contain a description of the seNices to be performed, the rate/compensation for services, and the time within which seNices must be performed. This clause does not restrict the COUNTY from utilizing its own personnel and equipment or the personnel and/or equipment of municipalities in the County, the personnel and/or 2 equipment of other governmental entities or of any other entities or contractors when the seNices performed by those entities can be performed with greater speed or less cost to the COUNTY. 2.2 NON-EXCLUSIVE CONTRACT AND AGREEMENT TO COOPERATE The CONTRACTOR agrees that they will be the primary contractor for the scope of seNices under this contract and that this is not an exclusive contract. CONTRACTOR agrees that they will be called in to perform work under the contract at the discretion of the COUNTY. CONTRACTOR further agrees that this agreement does not restrict the COUNTY from utilizing its own personnel and equipment or the personnel and/or equipment of municipalities in the County, the personnel and/or equipment of other governmental entities or of any other entities or other contractor(s) when the services performed by those entities can be performed at the discretion of the COUNTY with greater speed or less cost to the COUNTY. In the event that COUNTY determines that it will bring in CONTRACTOR as a secondary contractor to perform portions of the work as defined in the scope of work, the assignment of the work will be done by task order from the COUNTY. It shall be the responsibility of CONTRACTOR to cooperate with the work of the other contractor(s) or entities to complete the work. 2.3 CORRECTION OF ERRORS, OMISSIONS, DEFICIENCIES Due to the emergency nature of the scope of work, the COUNTY may terminate the agreement for cause if the CONTRACTOR persistently refuses or fails to supply enough properly skilled workers, material, or equipment, and/or disregards laws, ordinances, rules regulations or orders of a public authority having jurisdiction or is otherwise is guilty of substantial breach of any provision of the Contract Documents. When any of the above reasons exist, the COUNTY shall give written notice to the CONTRACTOR of intent to terminate and the CONTRACTOR shall have five (5) days to cure the breach. If the breach is not cured to the satisfaction of the COUNTY, the agreement is terminated and the COUNTY has the right to complete the agreement in any manner that it chooses. 2.4 NOTICE REQUIREMENT All written correspondence to the COUNTY shall be dated and signed by an authorized representative of the CONTRACTOR. Any notice required or permitted under this agreement shall be in writing and hand delivered or mailed, postage pre-paid, to the COUNTY by certified mail, return receipt requested, to the following: Mr. David S. Koppel, P.E. Monroe County Engineer 1100 Simonton Street, Room 2-215 Key West, Florida 33040 And: Mr. Thomas Willi Monroe County Administrator 1100 Simonton Street, Room 2-205 Key West, Florida 33040 3 For the CONTRACTOR: Mark Stafford Chief Operating Officer DRC Emergency SeNices 740 Museum Drive Mobile, Alabama 36608 ARTICLE III ADDITIONAL SERVICES 3.1 The seNices described in this Article III are not included in Basic SeNices. They shall be paid for by the COUNTY as an addition to the compensation paid for the Basic Services but only if approved by the COUNTY before commencement, and are as follows: A. Providing seNices of CONTRACTOR's for other than the previously listed scope of the Project provided as a part of Basic SeNices. B. Providing any other seNices not otherwise included in this Agreement or not customarily furnished in accordance with generally accepted practice. C. Providing representation before public bodies in connection with the Project, upon approval by COUNTY. 3.2 If Additional SeNices are required, such as those listed above, the COUNTY shall issue a letter requesting and describing the requested seNices to the CONTRACTOR. The CONTRACTOR shall respond with a fee proposal to perform the requested seNices. Only after receiving an amendment to the Agreement and a notice to proceed from the COUNTY, shall the CONTRACTOR proceed with the Additional SeNices. ARTICLE IV COUNTY'S RESPONSIBILITIES 4.1 The COUNTY shall provide full information regarding requirements for the Project including physical location of work, county maintained roads, maps. 4.2 The COUNTY shall designate a representative to act on the COUNTY's behalf with respect to the Project. The COUNTY or its representative shall render decisions in a timely manner pertaining to documents submitted by the CONTRACTOR in order to avoid unreasonable delay in the orderly and sequential progress of the CONTRACTOR'S services. 4.3 Prompt written notice shall be given by the COUNTY and its representative to the CONTRACTOR if they become aware of any fault or defect in the Project or non- conformance with the Agreement Documents. Written notice shall be deemed to have been duly seNed if sent pursuant to paragraph 2.3. 4 4.4 The COUNTY shall furnish the required information and services and shall render approvals and decisions as expeditiously as necessary for the orderly progress of the CONTRACTOR'S seNices and work of the contractors. 4.5 The COUNTY's review of any documents prepared by the CONTRACTOR or its subcontractors shall be solely for the purpose of determining whether such documents are generally consistent with the COUNTY's criteria, as, and if, modified. No review of such documents shall relieve the CONTRACTOR of responsibility for the accuracy, adequacy, fitness, suitability or coordination of its work product. 4.6 The COUNTY shall provide copies of necessary documents required to complete the work. 4.7 Any information that may be of assistance to the CONTRACTOR that the COUNTY has immediate access to will be provided as requested. ARTICLE V INDEMNIFICATION AND HOLD HARMLESS The CONTRACTOR covenants and agrees to indemnify, hold harmless and defend COUNTY, its commissioners, officers, employees, agents and seNants from any and all claims for bodily injury, including death, personal injury, and property damage, including damage to property owned by Monroe County, and any other losses, damages, and expenses of any kind, including attorney's fees, court costs and expenses, which arise out of, in connection with, or by reason of seNices provided by CONTRACTOR or its Subcontractor(s) in any tier, occasioned by the negligence, errors, or other wrongful act or omission of the CONTRACTOR, its Subcontractor(s) in any tier, their officers, employees, servants and agents. In the event that 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 COUNTY from any and all increased expenses resulting from such delay. Should any claims be asserted against COUNTY by virtue of any deficiency or ambiguity in the plans and specifications provided by the CONTRACTOR, the CONTRACTOR agrees and warrants that CONTRACTOR hold the County harmless and shall indemnify it from all losses occurring thereby and shall further defend any claim or action on the COUNTY's behalf. The first ten dollars ($10.00) of remuneration paid to the CONTRACTOR is consideration 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. This indemnification shall survive the expiration or earlier termination of the Agreement. ARTICLE VI PERSONNEL 6.1 PERSONNEL 5 CONTRACTOR shall exercise the same degree of care, skill, and diligence in the performance of the seNices as is ordinarily provided by a comparable professional under similar circumstances. The CONTRACTOR shall assign only qualified personnel to perform any seNice concerning the project. The CONTRACTOR warrants that skilled and competent personnel to the highest professional standards in the field shall perform all services. ARTICLE VII COMPENSATION 7.1 PAYMENT SUM 7.1.1 The COUNTY shall pay the CONTRACTOR in current funds for the CONTRACTOR'S performance of this Agreement based on rates negotiated and agreed upon and shown in Attachment A. 7.1.2 Rates shown in Attachment A are inclusive of reimbursable expenses. 7.2 PAYMENTS 7.2.1 For its assumption and performances of the duties, obligations and responsibilities set forth herein, the CONTRACTOR shall be paid monthly. (A) If the CONTRACTOR'S duties, obligations and responsibilities are materially changed by amendment to this Agreement after execution of this Agreement, compensation due to the CONTRACTOR shall be equitably adjusted, either upward or downward; (B) As a condition precedent for any payment due under this Agreement, the CONTRACTOR shall submit monthly, unless otherwise agreed in writing by the COUNTY, a proper invoice to COUNTY requesting payment for services properly rendered. Invoices must reference the task order number and dates of services rendered. Invoices shall be of appropriate audit quality and contain detail to satisfy the requirements of any Federal or State agency, which may provide potential reimbursement of the costs associated with this Agreement. The CONTRACTOR'S invoice shall be accompanied by such documentation or data in support of expenses for which payment is sought at the COUNTY may require. (C) If such state or federal agencies require additional explanation or an adjusted format of the information submitted, CONTRACTOR will make reasonable and necessary changes and provide appropriate personnel as required to work and negotiate with such agencies on the COUNTY's behalf. (D) Each invoice shall be delivered to: Monroe County Board of County Commissioners 1100 Simonton Street, Room 2-215 Key West, Florida 33040 Attn: County Engineer 7.3 BUDGET 6 7.3.1 The CONTRACTOR may not be entitled to receive, and the COUNTY is not obligated to pay, any fees or expenses in excess of the amount budgeted for this contract in each fiscal year (October 1 - September 30) by COUNTY's Board of County Commissioners. The budgeted amount may only be modified by an affirmative act of the COUNTY's Board of County Commissioners. 7.3.2 The COUNTY's performance and obligation to pay under this Agreement 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 VIII INSURANCE 8.1 The CONTRACTOR shall obtain insurance as specified and maintain the required insurance at all times that this Agreement is in effect. 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. 8.2 The coverage provided herein shall be provided by an insurer with an A.M. Best rating of VI or better, that is licensed to business in the State of Florida and that has an agent for service of process within the State of Florida. The coverage shall contain an endorsement providing sixty (60) days notice to the COUNTY prior to any cancellation of said coverage. Said coverage shall be written by an insurer acceptable to the COUNTY and shall be in a form acceptable to the COUNTY. 8.3 CONTRACTOR shall obtain and maintain the following policies: A. Workers' Compensation insurance as required by the State of Florida, sufficient to respond to Florida Statute 440. B. Employers Liability Insurance with limits of $1,000,000 per Accident, $1,000,000 Disease, policy limits, $1,000,000 Disease each employee. C. Comprehensive business automobile and vehicle liability insurance covering claims for injuries to members of the public and/or damages to property of others arising from use of motor vehicles, including onsite and offsite operations, and owned, hired or non-owned vehicles, with One Million Dollars ($1,000,000.00) combined single limit and One Million Dollars ($1,000,000.00) annual aggregate. D. Commercial general liability, including Personal Injury Liability, covering claims for injuries to members of the public or damage to property of others arising out of any covered act or omission of the CONTRACTOR or any of its employees, agents or subcontractors, including Premises and/or Operations, Products and Completed Operations, Independent Contractors; Broad Form Property Damage and a Blanket Contractual Liability Endorsement with One Million Dollars ($1,000,000) per occurrence and annual aggregate. 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 7 be reported must extend for a minimum of 48 months following the termination or expiration of this contract. E. Pollution liability insurance of Five Million Dollars ($5,000,000.00) per occurrence and Ten Million Dollars ($10,000,000.00) annual aggregate. If the policy is a "claims made" policy, CONTRACTOR shall maintain coverage or purchase a "tail" to cover claims made after completion of the project to cover the statutory time limits in Chapter 95 of the Florida Statutes. F. COUNTY shall be named as an additional insured with respect to CONTRACTOR'S liabilities hereunder in insurance coverages identified in Paragraphs C and D. G. CONTRACTOR shall require its subcontractors to be adequately insured at least to the limits prescribed above, and to any increased limits of CONTRACTOR if so required by COUNTY during the term of this Agreement. COUNTY will not pay for increased limits of insurance for subcontractors. H. CONTRACTOR shall provide to the COUNTY certificates of insurance or a copy of all insurance policies including those naming the COUNTY as an additional insured. The COUNTY reserves the right to require a certified copy of such policies upon request. I. 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. ARTICLE IX MISCELLANEOUS 9.1 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. 9.2 OWNERSHIP OF THE PROJECT DOCUMENTS The documents prepared by the CONTRACTOR for this Project belong to the COUNTY and may be reproduced and copied without acknowledgement or permission of the CONTRACTOR. 9.3 SUCCESSORS AND ASSIGNS 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 the 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. 8 Subject to the provisions of the immediately preceding sentence, each party hereto binds itself, its successors, assigns and legal representatives to the other and to the successors, assigns and legal representatives of such other party. 9.4 NO THIRD PARTY BENEFICIARIES Nothing contained herein shall create any relationship, contractual or otherwise, with or any rights in favor of, any third party. 9.5 TERMINATION A. In the event that the CONTRACTOR shall be found to be negligent in any aspect of seNice, 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. 9.6 CONTRACT DOCUMENTS This contract consists of the Request for Proposals, any addenda, the Form of Agreement (Articles I-IX), the CONTRACTOR'S response to the RFP, all bid clarifications provided by CONTRACTOR, the documents referred to in the Form of Agreement as a part of this Agreement, attachments A, B, C, and modifications made after execution by written amendment. In the event of any conflict between any of the Contract documents, the one imposing the greater burden on the CONTRACTOR will control. 9.7 PUBLIC ENTITIES CRIMES 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 contracts to provide any goods or seNices to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or CONTRACTOR 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 this Agreement, CONTRACTOR represents that the execution of this Agreement will not violate the Public Entity Crimes Act (Section 287.133, Florida Statutes). Violation of this section shall result in termination of this Agreement and recovery of all monies paid hereto, and may result in debarment from COUNTY's competitive procurement activities. In addition to the foregoing, CONTRACTOR further represents that there has been no determination, based on an audit, that it or any subcontractor has committed an act defined by Section 287.133, Florida Statutes, as a "public entity crime" and that it has not been formally charged with committing an act defined as a "public entity crime" regardless of the amount of money involved or whether CONUSUL T ANT has been placed on the convicted vendor list. 9 CONTRACTOR will promptly notify the COUNTY if it or any subcontractor is formally charged with an act defined as a "public entity crime" or has been placed on the convicted vendor list. 9.8 MAINTENANCE OF RECORDS CONTRACTOR shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Records shall be retained for a period of five years from the termination of this agreement. Each party to this Agreement or its 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, or were wrongfully retained by the CONTRACTOR, the CONTRACTOR shall repay the monies together with interest calculated pursuant to Sec. 55.03, of the Florida Statutes, running from the date the monies were paid by the COUNTY. The CONTRACTOR shall maintain the originals of documents required for federal audits of the County's submission for federal disaster reimbursements. 9.9 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 this Agreement, COUNTY and CONTRACTOR agree that venue shall lie in the 16th Judicial Circuit, Monroe County, Florida, in the appropriate court or before the appropriate administrative body. This agreement shall not be subject to arbitration. 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. 9.10 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. 9.11 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 the Agreement, the prevailing party shall be entitled to 10 reasonable attorney's fees and court costs, as an award against the non-prevailing party, and shall include attorney's fees and courts costs in appellate proceedings. 9.12 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. 9.13 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. 9.14 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. 9.15 ADJUDICATION OF DISPUTES OR DISAGREEMENTS COUNTY and CONTRACTOR agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If no resolution can be agreed upon within 30 days after the first meet and confer session, the issue or issues shall be discussed at a public meeting of the Board of County Commissioners. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. This provision does not negate or waive the provisions of paragraph 9.5 concerning termination or cancellation. 9.16 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 seNices 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. 9.17 NONDISCRIMINATION CONTRACTOR 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. CONTRACTOR or COUNTY agrees 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 II 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 patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as may be amended from time to time, relating to nondiscrimination 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; 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. 9.18 COVENANT OF NO INTEREST CONTRACTOR and COUNTY 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. 9.19 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. 9.20 NO SOLICITATION/PAYMENT The CONTRACTOR and COUNTY 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. 9.21 PUBLIC ACCESS. ]2 The CONTRACTOR and COUNTY shall allow and permit reasonable access to, and inspection of, all documents, papers, letters or other materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the CONTRACTOR and COUNTY in connection with this Agreement; and the COUNTY shall have the right to unilaterally cancel this Agreement upon violation of this provision by CONTRACTOR. 9.22 NON-WAIVER OF IMMUNITY Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the CONTRACTOR and the COUNTY 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. 9.23 PRIVILEGES AND IMMUNITIES All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the COUNTY, when performing their respective functions under this Agreement within the territorial limits of the COUNTY shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the COUNTY. 9.24 LEGAL OBLIGATIONS AND RESPONSIBILITIES Non-Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the COUNTY, except to the extent permitted by the Florida constitution, state statute, and case law. 9.25 NON-RELIANCE BY NON-PARTIES No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any seNice or program contemplated hereunder, and the CONTRACTOR and the COUNTY agree that neither the CONTRACTOR nor the COUNTY 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. 9.26 ATTESTATIONS AND TRUTH IN NEGOTIATION CONTRACTOR agrees to execute such documents as COUNTY may reasonably require, including a Public Entity Crime Statement, an Ethics Statement, and a Drug- 13 Free Workplace Statement. Signature of this Agreement by CONTRACTOR shall act as the execution of a truth in negotiation certificate stating that wage rates and other factual unit costs supporting the compensation pursuant to the Agreement are accurate, complete, and current at the time of contracting. The original contract price and any additions thereto shall be adjusted to exclude any significant sums by which the agency determines the contract price was increased due to inaccurate, incomplete, or concurrent wage rates and other factual unit costs. All such adjustments must be made within one year following the end of the Agreement. 9.27 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. 9.28 EXECUTION IN COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. 9.29 FEDERAL HIGHWAY ADMINISTRATION REQUIREMENTS The following forms and provisions are incorporated in and made a part of this contract. 9.29.1 Davis-Bacon Act - In accordance with the Davis-Bacon Act, the CONTRACTOR or their subcontractors shall pay workers employed directly upon the site of the work no less than the locally prevailing wages and fringe benefits paid on projects of a similar character. The current prevailing wage rates can be found at: www.access.QPo.Qov/davisbacon/fl.htmlunder Monroe County. 9.29.2 Americans with Disabilities Act of 1990 (ADA) - The CONTRACTOR will comply with all the requirements as imposed by the ADA, the regulations of the Federal government issued thereunder, and the assurance by the CONTRACTOR pursuant thereto. 9.29.3 Disadvantaged Business Enterprise (DBE) Policy and Obligation - It is the policy of the COUNTY that DBE's, as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part with COUNTY funds under this Agreement. The DBE requirements of applicable federal and state laws and regulations apply to this Agreement. The COUNTY and its CONTRACTOR agree to ensure that DBE's have the opportunity to participate in the performance of this Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with applicable federal and state laws and regulations to ensure that the DBE's have the opportunity to compete for and perform contracts. The COUNTY and the CONTRACTOR and subcontractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of contracts, entered pursuant to this Agreement. 9.29.4 Convict Labor - The convict labor prohibition in 23 U.S.C. 114 applies to emergency repair projects. Convict labor cannot be used in emergency repair construction projects. 14 9.29.5 FHW A Form 1273 is attached hereto as Attachment B and made a part of this Agreement. 9.29.6 The requirements of 23 CFR Part 635.410 Buy America Requirements are attached hereto as Attachment C and made a part of this Agreement. 15 IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its duly authorized representative on the day and year first above written. (SEAL) BOARD OF COUNTY COMMISSIONERS Attest: DANNY L. KOLHAGE, Clerk OF MONROE COUNTY, FLORIDA By: Deputy Clerk By: Mayor/Chairman Date: - CONTRACTOR By: ~~ Title:CI..hEf 0 PECLATlt.J(,. DPH.~ END OF AGREEMENT 16 ATTACHMENT A SCOPE OF BASIC SERVICES and PRICING In the event of a disaster the work and documentation to be performed by the CONTRACTOR will consist of furnishing labor, materials and equipment to accomplish the following types of tasks, as ordered by the COUNTY. All disaster response and recovery services shall be performed in compliance with FEMA and FHW A guidelines. Documentation and reports of work performed shall be in a form suitable for FEMA reimbursement. The tasks may include, but are not be limited to: A. Emergency Debris Clearing from County Rights of Way and Facilities · Immediately after a disaster, provide all necessary equipment, tools and personnel to clear primary roads and critical government facilities of debris to allow emergency vehicles access to areas in need of assistance as directed by the County · Debris should be stacked along edge of pavement on the shoulder of the road and not blocking driveways, side streets or utilities of any kind. · Emergency Debris Removal may require loading the debris, hauling the debris to an approved temporary debris storage and disposal (TDSR) site. · Provide daily reporting to include cumulative, daily, and hourly statistics detailing type of equipment and personnel used. Pricing for Emergency Debris Clearing equipment shall be at the hourly rates detailed as follows (equipment operator included): Equipment Type Hourly Equipment Rate Bobcat Loader $79.00 Bucket Truck w/Operator $198.00 Crash Truck w/lmpact Attenuator $75.00 Dozer, Tracked, D5 or similar $160.00 Dozer, Tracked, D6 or similar $180.00 Dozer, Tracked, D7 or similar $240.00 Dozer, Tracked, D8 or similar $260.00 Dump Truck, 18 CY-25 CY $90.00 Dump Truck, 25 CY-35 CY $100.00 Dump Truck, 35 CY-45 CY $115.00 Dump Truck, 50 CY or larger $170.00 Generator and Lighting $40.00 Grader w/12' Blade $175.00 Hydraulic Excavator, 1.5 CY $170.00 17 Hydraulic Excavator, 2.5 CY $190.00 Knuckleboom Loader $180.00 Equipment Transport $110.00 Mobile Crane (Adequate for hanging limbs/leaning $195.00 Pickup Truck, .5 Ton $40.00 Truck, Flatbed $50.00 Water Truck $105.00 Wheel Loader, 2.5 CY, 950 or similar $190.00 Wheel Loader, 3.5 - 4.0 CY, 966 or similar $210.00 Wheel Loader, 4.5 CY, 980 or similar $245.00 Wheel Loader-Backhoe, 1.0 - 1.5 CY $75.00 Track Hoe, John Deere 690 or similar $210.00 Stump Grinder $135.00 30 ton or larger Crane $175.00 Labor rates for Emergency Debris Clearing and other work directed by County which require hourly billing shall be invoiced as follows: Labor Category Hourly Labor Rate Operations Manager w/cell phone and truck $68.00 Crew Foreman with w/cell phone and truck $72.00 Tree Climber w / chainsaw $171.00 Laborers w / chainsaw $44.00 Laborers w / small tools, traffic control, flag person $38.00 B. Debris Removal and Disposal from County Roads and Facilities: · Provide all necessary equipment and personnel to load and haul eligible disaster-generated debris to an approved TDSR site. Eligible disaster- related debris will be sorted into clean vegetative, non-vegetative (C&D), seaweed, white goods, and household hazardous waste. · All debris shall be mechanically loaded and reasonably compacted. · Provide control of pedestrian and vehicular traffic in the work area, to include flag persons, signs or other devices necessary to ensure safe debris recovery operations · Provide daily reports on all debris recovery operations, to include all equipment and personnel used. The report shall detail daily and cumulative-to-date statistics on the number of truckloads, number of cubic yards of debris hauled, locations of completed work, and locations of current work for each type of debris recovered. · Identify landfills and/or other final disposal site(s) for all debris. · Haul debris from TDSR sites to final disposal site(s) · Immediately investigate claims of damage to private property and/or County roads and rights-of-way due to debris operations and make repairs at no cost to the County 18 Unit Costs associated with collection and hauling of debris from County rights of way to TDSRs are on a per cubic yard (CYD) basis. Rates are inclusive of all costs and shall be invoiced at the following rates: Description Unit Unit Price I "- ;-,~,- Collect & Haul VeQetative - ROW .-- o miles - 15 miles CYD $9.89 15.1 miles - 30 miles CYD $11 .43 >30 miles CYD ~.86._ '-.'~-.......~,,, Collect & Haul Non-Vegetative - ROW ; ..-----....- -,-------.. o miles - 15 miles CYD $11 .42 15.1 miles - 30 miles CYD $12.94 >30 miles CYD $16.78 ......-...-- ---'-----.-- Collect & Haul White Goods - ROW --..---- -_.~ o miles - 15 miles CYD $35.00 15.1 miles - 30 miles CYD $45.00 >30 miles CYD $77.00 Collect & Haul Hazardous Waste - ROW ..------ .-- o miles - 15 miles CYD $18.95 15.1 miles - 30 miles CYD $19.98 >30 miles CYD __ f--~~1.95 Collect & Haul Seaweed- ROW ...- ......-.--.--- o miles - 15 miles CYD $13.86 15.1 miles - 30 miles CYD $16.24 >30 miles CYD $19.42 Disposal of Animal Carcasses Per unit $100.00 C. Management of Temporary Debris Storage and Reduction (TDSR) Sites · Provide sufficient personnel and equipment to operate multiple TDSR sites simultaneously within unincorporated Monroe County · Fully document pre-existing conditions at proposed TDSR sites with photographs and appropriate testing · Prepare each approved TDSR site to accept debris, to include clearing, erosion control, grading, construction and maintenance of haul roads and entrances and installation of inspection towers and security fencing · Establish site layout, including entrance, exit and internal haul roads at each TDSR site · Provide all management, supervision, labor, machines, tools, and equipment necessary to accept, process, reduce, sort, and dispose of disaster related debris. · Provide at least one inspection tower at each TDSR site constructed to pre-approved specifications · Vegetative debris reduction shall be performed by chipping / grinding only · Ensure all debris is properly staged and sorted. · Provide daily and cumulative-to-date reports for each TDSR site and inspection tower · Ensure TDSR sites are secure and not accessible by the public during operation and after working hours · Operate TDSR in a manner to minimize disruption to local area; provide dust suppression if necessary. 19 · After all debris has been reduced and hauled to final disposal site, perform site restoration and closeout, to include removal of site equipment (temporary toilets, inspection towers, security fence, etc) and restore the site to pre-work conditions Costs related to testing to establish TDSR site initial conditions, site mobilization, and site restoration shall be invoiced at CONTRACTOR cost with no mark-up. Unit costs for TDSR site management and debris reduction are on a per cubic yard basis. Costs are inclusive of all work required to manage and reduce debris, except as noted above, (freon removal from white goods is a separate, per unit cost), and shall be invoiced as follows: Description Unit _.,__ Un!t pric.~___ TDSR Site manaQement ------ .-- ------------,---.- Vegetative CYD $5.46 Non- VeQetative CYD $5.78 White Qoods CYD $6.75 Household Hazardous Waste CYD $6.75 Seaweed CYD $5.46 Freon removal from white goods shall be invoiced at $40.00 per unit from which Freon is removed; the price for Freon removal includes transport and disposal of Freon at an approved disposal site. Prices for Haul out of reduced debris to Final Disposal site shall be all inclusive and shall be invoiced on a per cubic yard basis as follows: Description Unit Unit price Haul-out Reduced Debris to Final Disposal Site --- -- L-_. o - 30 miles CYD $4.85 30- 60 miles CYD $5.86 60-100 miles CYD $6.94 100-130 miles CYD $7.88 > 130 miles CYD $9.46 D. Contractor will identify final disposal locations for all debris classes. Costs associated with landfill tipping fees will be a pass through cost; the CONTRACTOR will invoice the COUNTY at actual cost, without any additional fees. Wherever possible, recycling, or other approved re-use facilities (ie, for metals) will be identified in order to reduce disposal costs. E. Beach Sand Screening and Replacement Provide all necessary equipment and personnel to screen all sand to remove debris deposited by an event. This task includes the pick-up of debris laden sand, hauling debris laden sand to the processing screen located on the beach, processing the debris laden sand and returning clean sand to the approximate original location on the beach as directed by the COUNTY. Debris removed from sand will be picked up, hauled and processed based on scope of work and unit prices for debris removal from COUNTY rights of way. 20 The cost associated with collection, screening and returning sand to the beach shall be invoiced at $7.46 per cubic yard. F. Right of Entry Work As directed by the COUNTY, the CONTRACTOR will provide labor, equipment and materials to clear vegetative debris from private property, and demolish and remove non-vegetative debris from private property. Work may include trimming limbs and trees that present a hazard, clearing debris from private property and hauling it to the closest public right of way. Work will not proceed until appropriate rights of entry forms and hold harmless agreements are obtained. The following rates apply for right of entry work: Vegetative debris - $4.86 per cubic yard Non-vegetative debris - $5.24 per cubic yard G. Tree and Limb Removal · Provide all equipment, tools and personnel to safely remove hazardous leaning trees, hanging tree limbs as directed by Monroe County · Provide control of pedestrian and vehicular traffic in the work area, to include flag persons, signs or other devices necessary to ensure safe tree/limb removal operations · Ensure that strict Right-of-Entry procedures are followed for any hazardous tree or limb removal operations or performed which affect private property. · As directed by the County, remove all hazardous tree stumps, both uprooted and intact The cost of Tree and Limb removal shall be invoiced at the hourly rates for equipment and labor. Tree Stump removal shall be invoiced as follows: Unit Unit rice Per Stum Per Stum Per Stum Per Stum Per Stum etative debris etative debris etative debris $550.00 $790.00 H. Logistical and Recovery Operation Services · General procurement and logistics from tents to meals ready to eat (MRE), all emergency and support items purchased, warehoused, and delivered · Provide temporary housing, restroom, shower and laundry facilities for emergency workers to include related supplies, seNices, and maintenance · General (temporary) warehousing and support · Temporary offices, mobile command centers, accommodations and support · Emergency generator services with licensed electrician support to specified facilities to include hauling, installing, seNicing and removal 21 · Ice, water and fuel delivery and distribution services to specified facilities · Provide for hazardous waste recovery, disposal and remediation in flooded environments, including canals, to include permitting, testing and related services. · Provide emergency satellite telephone service and/or other necessary communication resource. · Recovery and destruction of dead fish, animals, and livestock · Provide emergency clinics and support personnel The CONTRACTOR shall supply Logistical and Recovery SeNices as directed by the COUNTY, during the emergency event. Invoicing for Logistical and Recovery SeNices shall and equipment shall be invoiced as follows: Generators w I electricians Monthly rate 20 kW Generator $2900.00 56 kW Generator $4900.00 100 kW Generator $6700.00 175 kW Generator $8200.00 240 kW Generator $10,350.00 320 kW Generator $12,550.00 500 kW Generator $17,400.00 1000 kW Generator $23,000.00 General licensed electrician support shall be invoiced at $97.50 per hour. Recovery, removal and disposal of debris from canals and other marine environments shall be invoiced at $88.50 per cubic yard. Ice shall be provided at $1.62 per pound. Testing shall be invoiced at cost plus 18%. Emergency fuel, satellite phones and emergency communications shall be provided at cost plus 22%. REMAINDER OF PAGE INTENTIONALLY BLANK 22 Attachment B FHW A - 1273 REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONSTRUCTION CONTRACTS I. II. III. IV. V. VI. VII. VIII. IX. X. XI. XII. Page 1 1 3 3 5 5 5 6 6 General ....... Nondiscrimination .... Nonsegregated Facilities ...... Payment of Predetermined Minimum Wage Statements and Payrolls . . . . . . . . . . . Record of Materials, Supplies, and Labor .. Subletting or Assigning the Contract Safety: Accident Prevention . . . . . . . . . False Statements Concerning Highway Projects Implementation of Clean Air Act and Federal Water Pollution Control Act ...................... Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion Certification Regarding Use of Contract Funds for Lobbying ............................. ATTACHMENTS Employment Preference for Appalachian Contracts (included in Appalachian contracts only) I. GENERAL A. 1. These contract provisions shall apply to all work performed on the contract by the contractor's own organization and with the assistance of workers under the contractor's immediate superinten- dence and to all work performed on the contract by piecework, station work, or by subcontract. 2. Except as othelWise provided for in each section, the contractor shall insert in each subcontract all of the stipulations contained in these Required Contract Provisions, and further require their inclusion in any lower tier subcontract or purchase order that may in turn be made. The Required Contract Provisions shall not be incorporated by reference in any case. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with these Required Contract Provisions. 3. A breach of any of the stipulations contained in these Required Contract Provisions shall be sufficient grounds for termination of the contract. 4. A breach of the following clauses of the Required Contract Provisions may also be grounds for debarment as provided in 29 CFR 5.12: Section I, paragraph 2; Section IV, paragraphs 1, 2, 3, 4, and 7; Section V, paragraphs 1 and 2a through 2g. 5. Disputes arising out of the labor standards provisions of Section IV (except paragraph 5) and Section V of these Required Contract Provisions shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the U.S. Department of Labor (DOL) as set forth in 29 CFR 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the DOL, or the contractor's employees or their representatives. 6. Selection of labor: During the performance of this contract, the contractor shall not: a. discriminate against labor from any other State, possession, or territory of the United States (except for employment preference for Appalachian contracts, when applicable, as specified in Attachment A), or b. employ convict labor for any purpose within the limits of the project unless it is labor performed by convicts who are on parole, supervised release, or probation. II. NONDISCRIMINATION (Applicable to all Federal-aid construction contracts and to all Form FHWA-1273 (Rev. 3-94) 6 6 8 related subcontracts of $10,000 or more.) 1. Equal Employment Opportunity: Equal employment opportu- nity (EEO) requirements not to discriminate and to take affirmative action to assure equal opportunity as set forth under laws, executive orders, rules, regulations (28 CFR 35, 29 CFR 1630 and 41 CFR 60) and orders of the Secretary of Labor as modified by the provisions prescribed herein, and imposed pursuant to 23 U.S.C. 140 shall constitute the EEO and specific affirmative action standards for the contractor's project activities under this contract. The Equal Opportu- nity Construction Contract Specifications set forth under 41 CFR 60- 4.3 and the provisions of the American Disabilities Act of 1990 (42 U.S.C. 12101 et ~.) set forth under 28 CFR 35 and 29 CFR 1630 are incorporated by reference in this contract. In the execution of this contract, the contractor agrees to comply with the following minimum specific requirement activities of EEO: a. The contractor will work with the State highway agency (SHA) and the Federal Government in carrying out EEO obligations and in their review of his/her activities under the contract. b. The contractor will accept as his operating policy the following statement: "It is the policy of this Company to assure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, sex, color, national origin, age or disability. Such action shall include: employment, upgrading, demotion, or transfer: recruitment or recruitment advertising; layoff or termination; rates of payor other forms of compensation; and selection for training, including apprentice- ship, preapprenticeship, and/or on-the-job training." 2. EEO Officer: The contractor will designate and make known to the SHA contracting officers an EEO Officer who will have the responsibility for and must be capable of effectively administering and promoting an active contractor program of EEO and who must be assigned adequate authority and responsibility to do so. 3. Dissemination of Policy: All members of the contractor's staff who are authorized to hire, supervise, promote, and discharge employees, or who recommend such action, or who are substantially involved in such action, will be made fully cognizant of, and will implement, the contractor's EEO policy and contractual responsibili- ties to provide EEO in each grade and classification of employment. To ensure that the above agreement will be met, the following actions will be taken as a minimum: a. Periodic meetings of supervisory and personnel office employees will be conducted before the start of work and then not less often than once every six months, at which time the contractor's EEO policy and its implementation will be reviewed and explained. The meetings will be conducted by the EEO Officer. b. All new supervisory or personnel office employees will be given a thorough indoctrination by the EEO Officer, covering all major aspects of the contractor's EEO obligations within thirty days following their reporting for duty with the contractor. c. All personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer in the contractor's procedures for locating and hiring minority group employees. d. Notices and posters setting forth the contractor's EEO policy will be placed in areas readily accessible to employees, applicants for employment and potential employees. e. The contractor's EEO policy and the procedures to imple- ment such policy will be brought to the attention of employees by means of meetings, employee handbooks, or other appropriate means. 4. Recruitment: When advertising for employees, the contractor will include in all advertisements for employees the notation: "An Equal Opportunity Employer. n All such advertisements will be placed Page 1 in publications having a large circulation among minority groups in the area from which the project work force would normally be derived. a. The contractor will, unless precluded by a valid bargaining agreement, conduct systematic and direct recruitment through public and private employee referral sources likely to yield qualified minority group applicants. To meet this requirement, the contractor will identify sources of potential minority group employees, and establish with such identified sources procedures whereby minority group applicants may be referred to the contractor for employment consider- ation. b. In the event the contractor has a valid bargaining agreement providing for exclusive hiring hall referrals, he is expected to observe the provisions of that agreement to the extent that the system permits the contractor's compliance with EEO contract provisions. (The DOL has held that where implementation of such agreements have the effect of discriminating against minorities or women, or obligates the contractor to do the same, such implementation violates Executive Order 11246, as amended.) c. The contractor will encourage his present employees to refer minority group applicants for employment. Information and proce- dures with regard to referring minority group applicants will be discussed with employees. 5. Personnel Actions: Wages, working conditions, and employee benefits shall be established and administered, and personnel actions of every type, including hiring, upgrading, promotion, transfer, demotion, fayoff, and termination, shall be taken without regard to race, color, religion, sex, national origin, age or disability. The following procedures shall be followed: a. The contractor will conduct periodic inspections of project sites to insure that working conditions and employee facilities do not indicate discriminatory treatment of project site personnel. b. The contractor will periodically evaluate the spread of wages paid within each classification to determine any evidence of discrimi- natory wage practices. c. The contractor will periodically review selected personnel actions in depth to determine whether there is evidence of discrimina- tion. Where evidence is found, the contractor will promptly take corrective action. If the review indicates that the discrimination may extend beyond the actions reviewed, such corrective action shall include all affected persons. d. The contractor will promptly investigate all complaints of alleged discrimination made to the contractor in connection with his obligations under this contract, will attempt to resolve such com- plaints, and will take appropriate corrective action within a reasonable time. If the investigation indicates that the discrimination may affect persons other than the complainant, such corrective action shall Include such other persons. Upon completion of each investigation, the contractor will inform every complainant of all of his avenues of appeal. 6. Training and Promotion: a. The contractor will assist in locating, qualifying, and increasing the skills of minority group and women employees, and applicants for employment. b. Consistent with the contractor's work force requirements and as permissible under Federal and State regulations, the contractor shall make full use of training programs, i.e., apprenticeship, and on-the-job training programs for the geographical area of contract performance. Where feasible, 25 percent of apprentices or trainees in each occupation shall be in their first year of apprenticeship or training. In the event a special provision for training is provided under this contract, this subparagraph will be superseded as indicated in the special provision. c. The contractor will advise employees and applicants for employment of available training programs and entrance require- ments for each. d. The contractor will periodically review the training and promotion potential of minority group and women employees and will encourage eligible employees to apply for such training and promo- tion. 7. Unions: If the contractor relies in whole or in part upon unions as a source of employees, the contractor will use his/her best efforts to obtain the cooperation of such unions to increase opportunities for Page 2 minority groups and women within the unions, and to effect referrals by such unions of minority and female employees. Actions by the contractor either directly or through a contractor's association acting as agent will include the procedures set forth below: a. The contractor will use best efforts to develop, in coopera- tion with the unions, joint training programs aimed toward qualifying more minority group members and women for membership in the unions and increasing the skills of minority group employees and women so that they may qualify for higher paying employment. b. The contractor will use best efforts to incorporate an EEO clause into each union agreement to the end that such union will be contractually bound to refer applicants without regard to their race, color, religion, sex, national origin, age or disability. c. The contractor is to obtain information as to the referral practices and policies of the labor union except that to the extent such information is within the exclusive possession of the labor union and such labor union refuses to furnish such information to the contractor, the contractor shall so certify to the SHA and shall set forth what efforts have been made to obtain such information. d. In the event the union is unable to provide the contractor with a reasonable flow of minority and women referrals within the time limit set forth in the collective bargaining agreement, the contractor will, through independent recruitment efforts, fill the employment vacancies without regard to race, color, religion, sex, national origin, age or disability; making full efforts to obtain qualified and/or qualifiable minority group persons and women. (The DOL has held that it shall be no excuse that the union with which the contractor has a collective bargaining agreement providing for exclusive referral failed to refer minority employees.) In the event the union referral practice prevents the contractor from meeting the obligations pursuant to Executive Order 11246, as amended, and these special provisions, such contractor shall immediately notify the SHA. 8. Selection of Subcontractors, Procurement of Materials and Leasing of Equipment: The contractor shall not discriminate on the grounds of race, color, religion, sex, national origin, age or disability in the selection and retention of subcontractors, including procure- ment of materials and leases of equipment. a. The contractor shall notify all potential subcontractors and suppliers of his/her EEO obligations under this contract. b. Disadvantaged business enterprises (DB E), as defined in 49 CFR 23, shall have equal opportunity to compete for and perform subcontracts which the contractor enters into pursuant to this contract. The contractor will use his best efforts to solicit bids from and to utilize DBE subcontractors or subcontractors with meaningful minority group and female representation among their employees. Contractors shall obtain lists of DBE construction firms from SHA personnel. c. The contractor will use his best efforts to ensure subcontrac- tor compliance with their EEO obligations. 9. Records and Reports: The contractor shall keep such records as necessary to document compliance with the EEO requirements. Such records shall be retained for a period of three years following completion of the contract work and shall be available at reasonable times and places for inspection by authorized representatives of the SHA and the FHWA. a. The records kept by the contractor shall document the following: (1) The number of minority and non-minority group members and women employed in each work classification on the project; (2) The progress and efforts being made in cooperation with unions, when applicable, to increase employment opportunities for minorities and women; (3) The progress and efforts being made in locating, hiring, training, qualifying, and upgrading minority and female employees; and (4) The progress and efforts being made in securing the services of DBE subcontractors or subcontractors with meaningful minority and female representation among their employees. b. The contractors will submit an annual report to the SHA Form FHWA-1273 (Rev. 3-94) each July for the duration of the project, indicating the number of minority, women, and non-minority group employees currently engaged in each work classification required by the contract work. This information is to be reported on Form FHWA-1391. If on-the job training is being required by special provision, the contractor will be required to collect and report training data. III. NONSEGREGATED FACILITIES (Applicable to all Federal-aid construction contracts and to all related subcontracts of $10,000 or more.) a. By submission of this bid, the execution of this contract or subcontract, or the consummation of this material supply agreement or purchase order, as appropriate, the bidder, Federal-aid construc- tion contractor, subcontractor, material supplier, or vendor, as appropriate, certifies that the firm does not maintain or provide for its employees any segregated facilities at any of its establishments, and that the firm does not permit its employees to perform their services at any location, under its control, where segregated facilities are maintained. The firm agrees that a breach of this certification is a violation of the EEO provisions of this contract. The firm further certifies that no employee will be denied access to adequate facilities on the basis of sex or disability. b. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas, timeclocks, locker rooms, and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive, or are, in fact, segregated on the basis of race, color, religion, national origin, age or disability, because of habit, local custom, or otherwise. The only exception will be for the disabled when the demands for accessibility override (e.g. disabled parking). c. The contractor agrees that it has obtained or will obtain identical certification from proposed subcontractors or material suppliers prior to award of subcontracts or consummation of material supply agreements of $10,000 or more and that it will retain such certifications in its files. IV. PAYMENT OF PREDETERMINED MINIMUM WAGE (Applicable to all Federal-aid construction contracts exceeding $2,000 and to all related subcontracts, except for projects located on roadways classified as local roads or rural minor collectors, which are exempt. ) 1. General: a. All mechanics and laborers employed or working upon the site of the work will be paid unconditionally and not less often than once a week and without subsequent deduction or rebate on any account [except such payroll deductions as are permitted by regulations (29 CFR 3) issued by the Secretary of Labor under the Copeland Act (40 U.S.C. 276c)] the full amounts of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment. The payment shall be computed at wage rates not less than those contained in the wage determination of the Secretary of Labor (hereinafter "the wage determination") which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor or its subcon- tractors and such laborers and mechanics. The wage determination (including any additional classifications and wage rates conformed under paragraph 2 of this Section IV and the DOL poster (WH-1321) or Form FHWA-1495) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. For the purpose of this Section, contributions made or costs reasonably anticipated for bona fide fringe benefits under Section 1 (b )(2) of the Davis-Bacon Act (40 U. S. C. 276a) on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of Section IV, paragraph 3b, hereof. Also, for the purpose of this Section, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in paragraphs 4 and 5 of this Section IV. Form FHWA-1273 (Rev. 3-94) b. Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein, provided, that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. c. All rulings and interpretations of the Davis-Bacon Act and related acts contained in 29 CFR 1, 3, and 5 are herein incorporated by reference in this contract. 2. Classification: a. The SHA contracting officer shall require that any class of laborers or mechanics employed under the contract, which is not listed in the wage determination, shall be classified in conformance with the wage determination. b. The contracting officer shall approve an additional classifica- tion, wage rate and fringe benefits only when the following criteria have been met: (1) the work to be performed by the additional classifica- tion requested is not performed by a classification in the wage determination; (2) the additional classification is utilized in the area by the construction industry; (3) the proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination; and (4) with respect to helpers, when such a classification prevails in the area in which the work is performed. c. If the contractor or subcontractors, as appropriate, the laborers and mechanics (if known) to be employed in the additional classification or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the DOL, Administratorofthe Wage and Hour Division, Employment Standards Administration, Washington, D.C. 20210. The Wage and Hour Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contract- ing officer within the 30-day period that additional time is necessary. d. In the event the contractor or subcontractors, as appropri- ate, the laborers or mechanics to be employed in the additional classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Wage and Hour Administrator for determination. Said Administrator, or an authorized representative, will issue a determina- tion within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary e. The wage rate (including fringe benefits where appropriate) determined pursuant to paragraph 2c or 2d of this Section IV shall be paid to all workers performing work in the additional classification from the first day on which work is performed in the classification. 3. Payment of Fringe Benefits: a. Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor or subcontractors, as appropriate, shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly case equivalent thereof. b. If the contractor or subcontractor, as appropriate, does not make payments to a trustee or other third person, he/she may consider as a part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, provided, that the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. Page 3 4. Apprentices and Trainees (Programs of the U.S. DOL) and Helpers: a. Apprentices: (1) Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the DOL, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State apprenticeship agency recognized by the Bureau, or if a person is employed in his/her first 90 days of probationary employ- ment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State apprenticeship agency (where appropriate) to be eligible for probationary employ- ment as an apprentice. (2) The allowable ratio of apprentices to journeyman-level employees on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any employee listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate listed in the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor or subcontractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the joumeyman-Ievel hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. (3) Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeyman-level hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator for the Wage and Hour Division determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. (4) In the eventlhe Bureau of Apprenticeship and Training, or a State apprenticeship agency recognized by the Bureau, with- draws approval of an apprenticeship program, the contractor or subcontractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the comparable work performed by regular employees until an acceptable program is approved. b. Trainees: (1) Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the DOL, Employment and Training Administration. (2) The ratio of trainees to journeyman-level employees on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. (3) Every trainee must be paid at not less than the rate specified in the approved program for his/her level of progress, expressed as a percentage of the journeyman-level hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the proviSions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Page 4 Division determines that there is an apprenticeship program associ- ated with the corresponding joumeyman-level wage rate on the wage determination which provides for less than full fringe benefits for apprentices, in which case such trainees shall receive the same fringe benefits as apprentices. (4) In the event the Employment and Training Administra- tion withdraws approval of a training program, the contractor or subcontractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. c. Helpers: Helpers will be permitted to work on a project if the helper classification is specified and defined on the applicable wage determination or is approved pursuant to the conformance procedure set forth in Section IV.2. Any worker listed on a payroll at a helper wage rate, who is not a helper under a approved definition, shall be paid not less than the applicable wage rate on the wage determina- tion for the classification of work actually performed. 5. Apprentices and Trainees (Programs of the U.S. DOT): Apprentices and trainees working under apprenticeship and skill training programs which have been certified by the Secretary of Transportation as promoting EEO in connection with Federal-aid highway construction programs are not subject to the requirements of paragraph 4 of this Section IV. The straight time hourly wage rates for apprentices and trainees under such programs will be established by the particular programs. The ratio of apprentices and trainees to journeymen shall not be greater than permitted by the terms of the particular program. 6. Withholding: The SHA shall upon its own action or upon written request of an authorized representative of the DOL withhold, or cause to be withheld, from the contractor or subcontractor under this contract or any other Federal contract with the same prime contractor, or any other Federally-assisted contract subject to Davis-Bacon prevailing wage requirements which is held by the same prime contractor, as much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontrac- tor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work, all or part of the wages required by the contract, the SHA contracting officer may, after written notice to the contractor, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. 7. Overtime Requirements: No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers, mechanics, watchmen, or guards (including apprentices, trainees, and helpers described in paragraphs 4 and 5 above) shall require or permit any laborer, mechanic, watchman, or guard in any workweek in which he/she is employed on such work, to work in excess of 40 hours in such workweek unless such laborer, mechanic, watchman, or guard receives compensation at a rate not less than one-and-one-half times his/her basic rate of pay for all hours worked in excess of 40 hours in such workweek. 8. Violation: Liability for Unpaid Wages; Liquidated Damages: In the event of any violation of the clause set forth in paragraph 7 above, the contractor and any subcontractor responsible thereof shall be liable to the affected employee for his/her unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory) for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer, mechanic, watchman, or guard employed in violation of the clause set forth in paragraph 7, in the sum of $10 for each calendar day on which such employee was required or permit- ted to work in excess of the standard work week of 40 hours without payment of the overtime wages required by the clause set forth in paragraph 7. 9. Withholding for Unpaid Wages and Liquidated Damages: Form FHWA-1273 (Rev. 3-94) The SHA shall upon its own action or upon written request of any authorized representative of the DOL withhold, or cause to be withheld, from any monies payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other Federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph 8 above. V. STATEMENTS AND PAYROLLS (Applicable to all Federal-aid construction contracts exceeding $2,000 and to all related subcontracts, except for projects located on roadways classified as local roads or rural collectors, which are exempt. ) 1. Compliance with Copeland Regulations (29 CFR 3): The contractor shall comply with the Copeland Regulations of the Secretary of Labor which are herein incorporated by reference. 2. Payrolls and Payroll Records: a. Payrolls and basic records relating thereto shall be maintained by the contractor and each subcontractor during the course of the work and preserved for a period of 3 years from the date of completion of the contract for all laborers, mechanics, apprentices, trainees, watchmen, helpers, and guards working at the site of the work. b. The payroll records shall contain the name, social security number, and address of each such employee; his or her correct classification; hourly rates of wages paid (including rates of contribu- tions or costs anticipated for bona fide fringe benefits or cash equivalent thereof the types described in Section 1 (b)(2)(B) of the Davis Bacon Act); daily and weekly number of hours worked; deductions made; and actual wages paid. In addition, for Appala- chian contracts, the payroll records shall contain a notation indicating whether the employee does, or does not, normally reside in the labor area as defined in Attachment A, paragraph 1. Whenever the Secretary of Labor, pursuant to Section IV, paragraph 3b, has found that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section 1 (b )(2)(B) of the Davis Bacon Act, the contractor and each subcontractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, that the plan or program has been communicated in writing to the laborers or mechanics affected, and show the cost anticipated or the actual cost incurred in providing benefits. Contractors or subcontractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprentices and trainees, and ratios and wage rates prescribed in the applicable programs. c. Each contractor and subcontractor shall furnish, each week in which any contract work is performed, to the SHA resident engineer a payroll of wages paid each of its employees (including apprentices, trainees, and helpers, described in Section IV, para- graphs 4 and 5, and watchmen and guards engaged on work during the preceding weekly payroll period). The payroll submitted shall set out accurately and completely all of the information required to be maintained under paragraph 2b of this Section V. This information may be submitted in any form desired. Optional Form WH-347 is available for this purpose and may be purchased from the Superin- tendent ofDocuments (Federal stock number 029-005-0014-1), U.S. Government Printing Office, Washington, D.C. 20402. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. d. Each payroll submitted shall be accompanied by a "State- ment of Compliance," signed by the contractor or subcontractor or his/her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (1) that the payroll for the payroll period contains the information required to be maintained under paragraph 2b of this Section V and that such information is correct and complete; (2) that such laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made Form FHWA-1273 (Rev. 3-94) either directly or indirectly from the full wages earned, other than permissible deductions as set forth in the Regulations, 29 CFR 3; (3) that each laborer or mechanic has been paid not less that the applicable wage rate and fringe benefits or cash equivalent for the classification of worked performed, as specified in the applicable wage determination incorporated into the contract. e. The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph 2d of this Section V. f. The falsification of any of the above certifications may subject the contractor to civil or criminal prosecution under 18 U.S.C. 1001 and 31 U.S.C. 231. g. The contractor or subcontractor shall make the records required under paragraph 2b of this Section V available for inspec- tion, copying, or transcription by authorized representatives of the SHA, the FHWA, or the DOL, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the SHA, the FHWA, the DOL, or all may, after written notice to the contractor, sponsor, applicant, or owner, take such actions as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. VI. RECORD OF MATERIALS, SUPPLIES, AND LABOR 1. On all Federal-aid contracts on the National Highway System, except those which provide solely for the installation of protective devices at railroad grade crossings, those which are constructed on a force account or direct labor basis, highway beautification contracts, and contracts for which the total final construction cost for roadway and bridge is less than $1,000,000 (23 CFR 635) the contractor shall: a. Become familiar with the list of specific materials and supplies contained in Form FHWA-47, "Statement of Materials and Labor Used by Contractor of Highway Construction Involving Federal Funds," prior to the commencement of work under this contract. b. Maintain a record of the total cost of all materials and supplies purchased for and incorporated in the work, and also of the quantities of those specific materials and supplies listed on Form FHWA-47, and in the units shown on Form FHWA-47. c. Furnish, upon the completion of the contract, to the SHA resident engineer on Form FHWA-47 together with the data required in paragraph 1 b relative to materials and supplies, a final labor summary of all contract work indicating the total hours worked and the total amount earned. 2. At the prime contractor's option, either a single report covering all contract work or separate reports for the contractor and for each subcontract shall be submitted. VII. SUBLETTING OR ASSIGNING THE CONTRACT 1. The contractor shall perform with its own organization contract work amounting to not less than 30 percent (or a greater percentage if specified elsewhere in the contract) of the total original contract price, excluding any specialty items designated by the State. Specialty items may be performed by subcontract and the amount of any such specialty items performed may be deducted from the total original contract price before computing the amount of work required to be performed by the contractor's own organization (23 CFR 635). a. "Its own organization" shall be construed to include only workers employed and paid directly by the prime contractor and equipment owned or rented by the prime contractor, with or without operators. Such term does not include employees or equipment of Page 5 a subcontractor, assignee, or agent of the prime contractor. b. "Specialty Items" shall be construed to be limited to work that requires highly specialized knowledge, abilities, or equipment not ordinarily available in the type of contracting organizations qualified and expected to bid on the contract as a whole and in general are to be limited to minor components of the overall contract. 2. The contract amount upon which the requirements set forth in paragraph 1 of Section VII is computed includes the cost of material and manufactured products which are to be purchased or produced by the contractor under the contract provisions. 3. The contractor shall fumish (a) a competent superintendent or supervisor who is employed by the firm, has full authority to direct performance of the work in accordance with the contract require- ments, and is in charge of all construction operations (regardless of who performs the work) and (b) such other of its own organizational resources (supervision, management, and engineering services) as the SHA contracting officer determines is necessary to assure the performance of the contract. 4. No portion of the contract shall be sublet, assigned or otherwise disposed of except with the written consent of the SHA contracting officer, or authorized representative, and such consent when given shall not be construed to relieve the contractor of any responsibility for the fulfillment of the contract. Written consent will be given only after the SHA has assured that each subcontract is evidenced in writing and that it contains all pertinent provisions and requirements of the prime contract. VIII. SAFETY: ACCIDENT PREVENTION 1. In the performance of this contract the contractor shall comply with all applicable Federal, State, and local laws governing safety, health, and sanitation (23 CFR 635). The contractor shall provide all safeguards, safety devices and protective equipment and take any other needed actions as it determines, or as the SHA contracting officer may determine, to be reasonably necessary to protect the life and health of employees on the job and the safety of the public and to protect property in connection with the performance of the work covered by the contract. 2. It is a condition of this contract, and shall be made a condition of each subcontract, which the contractor enters into pursuant to this contract, that the contractor and any subcontractor shall not permit any employee, in performance of the contract, to work in surround- ings or under conditions which are unsanitary, hazardous or danger- ous to his/her health or safety, as determined under construction safety and health standards (29 CFR 1926) promulgated by the Secretary of Labor, in accordance with Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 333). 3. Pursuantto 29 CFR 1926.3, itis a condition of this contract that the Secretary of Labor or authorized representative thereof, shall have right of entry to any site of contract performance to inspect or investigate the matter of compliance with the construction safety and health standards and to carry out the duties of the Secretary under Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 333). IX. FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS In order to assure high quality and durable construction in confor- mity with approved plans and specifications and a high degree of reliability on statements and representations made by engineers, contractors, suppliers, and workers on Federal-aid highway projects, it is essential that all persons concerned with the project perform their functions as carefully, thoroughly, and honestly as possible. Willful falsification, distortion, or misrepresentation with respect to any facts related to the project is a violation of Federal law. To prevent any misunderstanding regarding the seriousness of these and similar acts, the following notice shall be posted on each Federal-aid highway project (23 CFR 635) in one or more places where it is readily available to all persons concemed with the project: NOTICE TO ALL PERSONNEL ENGAGED ON FEDERAL-AID HIGHWAY PROJECTS 18 U.S.C. 1020 reads as follows: "Whoever, being an officer, agent, or employee of the United States, or of any State or Territory, or whoever, whether a person, association, firm, or corporation, knowingly makes any false state- ment, false representation, or false report as to the character, quality. Page 6 quantity, or cost of the material used or to be used, or the quantity or quality of the work performed or to be performed, or the cost thereof in connection with the submission of plans, maps, specifications, contracts, or costs of construction on any highway or related project submitted for approval to the Secretary of Transportation; or Whoever knowingly makes any false statement, false representa- tion, false report or false claim with respect to the character, quality, quantity, or cost of any work performed or to be performed, or materials furnished or to be furnished, in connection with the construction of any highway or related project approved by the Secretary of Transportation; or Whoever knowingly makes any false statement or false representa- tion as to material fact in any statement, certificate, or report submitted pursuant to provisions of the Federal-aid Roads Act approved July 1, 1916, (39 Stat. 355), as amended and supple- mented; Shall be fined not more that $10,000 or imprisoned not more than 5 years or both." X. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT (Applicable to all Federal-aid construction contracts and to all related subcontracts of $100,000 or more.) By submission of this bid or the execution of this contract, or subcontract, as appropriate, the bidder, Federal-aid construction contractor, or subcontractor, as appropriate, will be deemed to have stipulated as follows: 1. That any facility that is or will be utilized in the performance of this contract, unless such contract is exempt under the Clean Air Act, as amended (42 U.S.C. 1857 ~~., as amended by Pub.L. 91-604), and under the Federal Water POlTution Control Act, as amended (33 U.S.C. 1251 ~~., as amended by Pub.L. 92-500), Executive Order 11738, and regi.ilations in implementation thereof (40 CFR 15) is not listed, on the date of contract award, on the U.S. Environmental Protection Agency (EPA) List of Violating Facilities pursuant to 40 CFR 15.20. 2. That the firm agrees to comply and remain in compliance with all the requirements of Section 114 of the Clean Air Act and Section 308 of the Federal Water Pollution Control Act and all regulations and guidelines listed thereunder. 3. That the firm shall promptly notify the SHA of the receipt of any communication from the Director, Office of Federal Activities, EPA, indicating that a facility that is or will be utilized for the contract is under consideration to be listed on the EPA List of Violating Facilities. 4. That the firm agrees to include or cause to be included the requirements of paragraph 1 through 4 of this Section X in every nonexempt subcontract, and further agrees to take such action as the government may direct as a means of enforcing such requirements. XI. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION 1. Instructions for Certification - Primary Covered Transac- tions: (Applicable to all Federal-aid contracts - 49 CFR 29) a. By signing and submitting this proposal, the prospective primary participant is providing the certification set out below. b. The inability of a person to provide the certification set out below will not necessarily result in denial of participation in this covered transaction. The prospective participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary participant to furnish a certification or an explanation shall disqualify such a person from participation in this transaction. c. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later deter- mined that the prospective primary participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this Form FHWA-1273 (Rev. 3-94) transaction for cause of default. d. The prospective primary participant shall provide immediate written notice to the department or agency to whom this proposal is submitted if any time the prospective primary participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. e. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "person," "primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the department or agency to which this proposal is submitted for assistance in obtaining a copy of those regulations. f. The prospective primary participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transac- tion with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. g. The prospective primary participant further agrees by submitting this proposal that it will include the clause titled "Certifica- tion Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicita- tions for lower tier covered transactions. h. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the non procurement portion of the "Lists of Parties Excluded From Federal Procurement or Nonprocurement Programs" (Non procurement List) which is compiled by the General Services Administration. i. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. j. Except for transactions authorized under paragraph f of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. Form FHWA-1273 (Rev. 3-94) Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Primary Covered Transactions 1. The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; b. Have not within a 3-year period preceding this proposal been convicted of or had a civil judgement rendered against them for commission of fraud or a criminal offense in connection with obtain- ing, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph 1 b of this certification; and d. Have not within a 3-year period preceding this applica- tion/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. 2. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. 2. Instructions for Certification. Lower Tier Covered Transac- tions: (Applicable to all subcontracts, purchase orders and other lower tier transactions of $25,000 or more - 49 CFR 29) a. By signing and submitting this proposal, the prospective lower tier is providing the certification set out below. b. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the depart- ment, or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. c. The prospective lower tier participant shall provide immedi- ate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous by reason of changed circumstances. d. The terms "covered transaction," "debarred," "suspended," "ineligible," "primary covered transaction," "participant," "person," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. e. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. f. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certifica- tion Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. g. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and Page 7 frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the Nonprocurement List. h. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. i. Except for transactions authorized under paragraph e of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transactions: 1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or volun- tarily excluded from participation in this transaction by any Federal department or agency. 2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Page 8 XII. CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING (Applicable to all Federal-aid construction contracts and to all related subcontracts which exceed $100,000 - 49 CFR 20) 1. The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the makin~ of any Federal grant, the making of any Federal loan, the entering Into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 2. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 3. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such recipients shall certify and disclose accordingly. Form FHWA-1273 (Rev. 3-94) ATTACHMENT A - EMPLOYMENT PREFERENCE FOR APPALACHIAN CONTRACTS (Applicable to Appalachian contracts only,) 1, During the performance of this contract, the contractor under- taking to do work which is, or reasonably may be, done as on-site work, shall give preference to qualified persons who regularly reside in the labor area as designated by the DOL wherein the contract work is situated, or the subregion, or the Appalachian counties of the State wherein the contract work is situated, except: a, To the extent that qualified persons regularly residing in the area are not available, b, For the reasonable needs of the contractor to employ supervisory or specially experienced personnel necessary to assure an efficient execution of the contract work, c, For the obligation of the contractor to offer employment to present or former employees as the result of a lawful collective bargaining contract, provided that the number of nonresident persons employed under this subparagraph 1 c shall not exceed 20 percent of the total number of employees employed by the contractor on the contract work, except as provided in subparagraph 4 below, 2, The contractor shall place a job order with the State Employ- ment Service indicating (a) the classifications of the laborers, mechanics and other employees required to perform the contract work, (b) the number of employees required in each classification, Form FHWA-1273 (Rev, 3-94) (c) the date on which he estimates such employees will be required, and (d) any other pertinent information required by the State Employ- ment Service to complete the job order form, The job order may be placed with the State Employment Service in writing or by telephone. If during the course of the contract work, the information submitted by the contractor in the original job order is substantially modified, he shall promptly notify the State Employment Service. 3, The contractor shall give full consideration to all qualified job applicants referred to him by the State Employment Service. The contractor is not required to grant employment to any job applicants who, in his opinion, are not qualified to perform the classification of work required. 4. If, within 1 week following the placing of a job order by the contractor with the State Employment Service, the State Employment Service is unable to refer any qualified job applicants to the contrac- tor, or less than the number requested, the State Employment Service will fOlWard a certificate to the contractor indicating the unavailability of applicants, Such certificate shall be made a part of the contractor's permanent project records. Upon receipt of this certificate, the contractor may employ persons who do not normally reside in the labor area to fill positions covered by the certificate, notwithstanding the provisions of subparagraph 1c above. 5. The contractor shall include the provisions of Sections 1 through 4 of this Attachment A in every subcontract for work which is, or reasonably may be, done as on-site work. Page 9 Attachment C 23 CFR Part 635.410 Buy America Requirements 23 CFR Part 635.410 Buy AmeriCa Requirements ~ 23 CFR Part 635.410 Buy America Requirements. (a) The provisions of this section shall prevail and be given precedence over any requirements of this subpart which are contrary to this section. However, nothing in this section shall be construed to be contrary to the requirements of 9635.409(a) of this subpart. (b) No Federal-aid highway construction project is to be authorized for advertisement or otherwise authorized to proceed unless at least one of the following requirements is met: (1) The project either: (i) Includes no permanently incorporated steel or iron materials, or (ii) if steel or iron materials are to be used, all manufacturing processes, including application of a coating, for these materials must occur in the United States. Coating includes all processes which protect or enhance the value of the material to which the coating is applied. (2) The State has standard contract provisions that require the use of domestic materials and products, including steel and iron materials, to the same or greater extent as the provisions set forth in this section. (3) The State elects to include alternate bid provisions for foreign and domestic steel and iron materials which comply with the following requirements. Any procedure for obtaining alternate bids based on furnishing foreign steel and iron materials which is acceptable to the Division Administrator may be used. The contract provisions must (i) require all bidders to submit a bid based on furnishing domestic steel and iron materials, and (ii) clearly state that the contract will be awarded to the bidder who submits the lowest total bid based on furnishing domestic steel and iron materials unless such total bid exceeds the lowest total bid based on furnishing foreign steel and iron materials by more than 25 percent. (4) When steel and iron materials are used in a project, the requirements of this section do not prevent a minimal use of foreign steel and iron materials, if the cost of such materials used does not exceed one-tenth of one percent (0.1 percent) of the total contract cost or $2,500, whichever is greater. For purposes of this paragraph, the cost is that shown to be the value of the steel and iron products as they are delivered to the project. (c)(1) A State may request a waiver of the provisions of this section if; (i) The application of those provisions would be inconsistent with the public interest; or (ii) Steel and iron materials/products are not produced in the United States in sufficient and reasonably available quantities which are of a satisfactory quality. (2) A request for waiver, accompanied by supporting information, must be submitted in writing to the Regional Federal Highway Administrator (RFHWA) through the FHWA Division Administrator. A request must be submitted sufficiently in advance of the need for the waiver in order to allow time for proper review and action on the request. The RFHW A will have approval authority on the request. 23 CFR Part 635.410 Buy America Requirements (3) Requests for waivers may be made for specific projects, or for certain materials or products in specific geographic areas, or for combinations of both, depending on the circumstances. (4) The denial of the request by the RFHWA may be appealed by the State to the Federal Highway Administrator (Administrator), whose action on the request shall be considered administratively final. (5) A request for a waiver which involves nationwide public interest or availability issues or more than one FHW A region may be submitted by the RFHW A to the Administrator for action. (6) A request for waiver and an appeal from a denial of a request must include facts and justification to support the granting of the waiver. The FHW A response to a request or appeal will be in writing and made available to the public upon request. Any request for a nationwide waiver and FHW A's action on such a request may be published in the Federal Register for public comment. (7) In determining whether the waivers described in paragraph (c)(1) of this section will be granted, the FHWA will consider all appropriate factors including, but not limited to, cost, administrative burden, and delay that would be imposed jf the provision were not waived. (d) Standard State and Federal-aid contract procedures may be used to assure compliance with the requirements of this section. [48 FR 53104, Nov. 25, 1983, as amended at 49 FR 18821, May 3, 1984; 58 FR 38975, July 21, 1993] Proposal Statement: Disaster Response and Recovery Services for Monroe County Submitted: Purchasing Department Monroe County 1100 Simonton Street, Room 1-213 Key West, Florida 33040 April 11, 2007 at 3:00 PM DRC EMERGENCY SERVICES, LLC 740 MUSEUM DRIVE MOBILE, AL 36608 ~ "~\Vl : ::.:::../ \UJ U ~'_., ,.1. , '\ ___L, --~"'.. . . ~ _ _ A '- ~... ".--.. ~_-.... DRC Emergency Services, LLC 740 Museum Drive. Mobile, Alabama 36608 1-888-721-4372 . 1-251-343-3581 . FAX 1-251-343-5554 April 9, 2007 Purchasing Department Monroe County 1100 Simonton Street, Room 1-213 Key West, Florida 33040 RE: Disaster Response and Recovery Services for Monroe County Dear Sir or Madam, On behalf of DRC Emergency Services, LLC and the DRC family of companies (DRC), I am pleased to offer you our proposal for Disaster Response and Recovery Services for Monroe County. DRC is one of the leading disaster recovery groups in the nation and is uniquely qualified, equipped, and prepared to fulfill your needs in this contract. It has been our privilege to serve Monroe County's debris removal and disaster recovery needs recently following the devastating storms of 2004 and 2005. DRC brings to the current project eighteen years of disaster response and recovery experience and expertise, highly qualified and expert personnel, and state-of-the-art equipment and resources. Specifically, the DRC family of companies has recovered, processed, and removed millions of cubic yards of debris in multiple contracts in post-disaster settings. We have a seasoned and experienced project team identified for this project that is intimately familiar with Monroe County and the challenges it faces, many of whom have worked in Monroe County following previous hurricanes. In short, we have the technical know-how, the local knowledge, and the wherewithal to get this job completed to the County's satisfaction. The following proposal describes our qualifications and approach for Disaster Response and Recovery Services as stipulated in your request for qualifications. I am confident that our solutions will meet your needs exactly for this contract. We can be prepared to initiate work within 24 hours of notice to proceed. I invite you to review our proposal and discuss with us how we may best fulfill your requirements. We look forward to working with you on this portion of the Monroe County's disaster response preparedness plans. We trust both you and the citizens of your county will be pleased and impressed by our performance. Please contact us at the above address if we may provide further information. { Sincerely, N\vvvL ~;------ Mark Stafford Chief Operating Officer 1. EXECUTIVE SUMMARY 2. RELEVANT EXPERIENCE 3. PAST PERFORMANCE 4. PROJECT APPROACH 5. STAFFING AND PERSONNEL 6. LITIGATION 7. ADDITIONAL SERVICES 8. COST SUMMARY 9. REQUIRED SUBMITTALS 10. LICENSING 1 .. -, :~'~ rL _ ~~\ .., ' -1'- -~-~ '. - I .'JII, _ . >.:-~~~~~ _~t6':-~ DRC Emergency Services, LLC 740 Museum Drive. Mobile, Alabama 36608 1-888-721-4372 . 1-251-343-3581 . FAX 1-251-343-5554 EXECUTIVE SUMMARY DRC Emergency Services, LLC (DRC ES), part of the DRC family of companies (DRC), is among the leading disaster management companies in the United States. The primary mission of DRC ES is professional, honest, and immediate response to natural and man-made disasters throughout the world. DRC has extensive experience and capabilities in emergency response and recovery involving, but not limited to: · Disaster Management and Relief Services . Debris Management · Vehicle and Vessel Removal And Processing · Technical Assistance and Project Management · Temporary Housing, Workforce Housing and Life Support · Construction, Construction Management, and Demolition · Medical and Hazardous Waste Remediation and Disposal · Landfill Management · Civil, Heavy, and Vertical Construction We are capable of handling all or part of any disaster remediation including the FEMA reimbursement process. DRC ES is dedicated to providing professional, cost effective, responsive and quality service. We have the experience, personnel, and equipment to mobilize immediately. · Highly Qualified and Experienced Supervisors and Project Managers · Professional and Knowledgeable Administrative Personnel · Efficient and Professional Work Crews and Equipment Crews · Qualified, Experienced, and Licensed Subcontractors and Contract Reservists · Specialized and Maintained Knuckle-Booms Loaders and Bucket Truck Crews · Heavy Trucks and Hauling Equipment · Specialized Attachments and All Necessary Support Equipment · Mobile Command Center HISTORY OF THE FIRM DRC was incorporated in 1989 and initially worked in the southern states of North America. The corporate group expanded in February 1991 by establishing offices in Saudi Arabia and Kuwait in the aftermath of the liberation of Kuwait from Iraqi occupation. DRC has since undertaken major reconstruction projects, civil engineering works, vertical construction, heavy road and infrastructure construction, and established numerous work camps throughout the world and performed manpower and equipment leasing and landfill management, as well as hazardous waste remediation and disposal services. Page 1 DRC ES, LLC CAPACITY Since 1989, the DRC family of companies has responded to nearly 60 natural or man-made disaster events involving hundreds of contracts. To date, we have removed in excess of 30,000,000 cubic yards of debris. During the 2004 Hurricane season alone, DRC worked approximately 37 virtually simultaneous, separate contracts performing a total of over $150,000,000 in emergency work, and recovering over 9,000,000 cubic yards of debris in a four and half month period. DRC also recovered, screened and restored tens of thousands of cubic yards of displaced sand and debris to restore 15 miles of beaches destroyed in Florida in the aftermath of Hurricane Ivan. During 2005 and 2006, the DRC family of companies is working on damages from Hurricanes Katrina, Rita and Wilma from the Florida Keys to Louisiana all the way to Houston, Texas. METHODOLOGY, PROGRAM MANAGEMENT, AND TECHNOLOGY No matter how large the disaster may be, no matter the time frame or the complexities, we believe DRC ES, its principals, staff, associates and subcontractors are uniquely qualified to assist you in a rapid, safe and professional recovery. · The DRC Group has implemented a comprehensive Corporate Level Advance Mobilization Plan to ensure a coordinated, expeditious and effective response to disasters by its personnel and resources. · DRC can mobilize dozens to hundreds of personnel and equipment crews immediately upon request. · DRC, its affiliates, and its subcontractors own a substantial numbers of trucks and specialized pieces of heavy equipment, attachments and support equipment for emergency response. · DRC prides itself on its extensive experience in Program Management and the intricacies of the reimbursement process of Federal Disasters. · DRC maintains a fully-staffed, fully operational Data Center at its headquarters year round. The Data Center is equipped with state-of-the-art information technology and is prepared to meet and exceed the reporting requirements of the government. · DRC has former local, State and FEMA contract personnel available who can assist in bringing a wide range of expertise to this field, including a close relationship with a former director of FEMA and a contract working relationship with a former General Counsel of FEMA. · DRC is a leader in providing Technical Disaster Recovery Assistance to local governments in planning for and responding to major disasters. · DRC utilizes professionals who have worked as Technical Assistance providers for local governments for the majority of their professional careers. In addition, DRC and DRC ES normally include this assistance at no additional cost to its clients with whom it has a pre- positioned disaster management contract in place. Page 2 SENIOR MANAGEMENT The senior management of DRC Emergency Services has extensive experience in disaster and debris management as outlined below. Robert J. Isakson is Administrative Manager of DRC ES. Mr. Isakson was a founder and serves as Secretary/Treasurer and Managing Director of DRC, Inc., and the majority of its associate and affiliate companies which are actively engaged in building, marine, road and civil construction, disaster reconstruction, demolition, hazardous waste remediation and disposal, and landfill management services worldwide including recent contracts in war-torn Kuwait, Somalia, Kosovo, and Iraq, in addition to numerous contracts with hurricane, ice storm, typhoon and flood ravaged cities, counties, states and territories. Previously, Mr. Isakson was a Special Agent with the Federal Bureau of Investigation of the United States for ten years, serving as a Supervisor in charge of "white-collar" crime and political corruption in the State of Louisiana. He has worked and traveled throughout over 100 countries and territories on six continents and is intimately familiar with international corporate and business development, finance, landfill management, recycling, hazardous waste remediation and removal, and civil construction. B.B.A. in accounting, Lamar University. Thomas M. Marr, Sr., is Managing Member ofDRC ES. Mr. Marr is one of the founders ofDRC, Inc. and has directed overall operations and management since inception. He is former Assistant Attorney General for the State of Alabama, and was a Member of the State of Alabama Legislature and the State of Alabama Constitutional Committee. Mr. Marr holds a degree in civil engineering and is a practicing attorney licensed in the State of Alabama since 1957. Mark Stafford is Chief Operating Officer of DRC ES. Mr. Stafford has many years of experience in disaster and commercial and industrial waste management and has participated in recovery following ice storms and hurricanes throughout the Southeast. He has overseen and operated landfills, recycling operations, and transportation companies exceeding $200 million in annual revenues. He has managed teams of over 1100 staff serving business, industry, and municipalities. Previous to joining DRC, he was the President and Regional Director of Allied Waste for the State of Louisiana. He also worked in an executive capacity for Waste Management. He handles the day to day operations and marketing for DRC Emergency Services. Mr. Stafford earned a B. S. in business from the University of Louisiana Lafayette. Paul F. Persons, Jr. is Vice President for Project Management and Business Development, on a consulting basis, for the DRC family of companies. Mr. Persons controls project estimating and bid proposals from DRC ES's Mobile, Alabama headquarters. Mr. Persons has served as a Senior Project Manager for a multi-million dollar beach restoration contract and a number of disaster management and debris removal contracts. B.S. in building science, School of Architecture at Auburn University. Page 3 21 I ; r ! , ~.~ DRC Emergency Services, LLC 740 Museum Drive. Mobile, Alabama 36608 1-888-721-4372 -1-251-343-3581 - FAX 1-251-343-5554 DRC EMERGENCY SERVICES, LLC EXPERIENCE AND CAPACITY We would like to take this opportunity to introduce DRC Emergency Services, LLC (DRC ES), part of the DRC family of companies (DRC), to you. The DRC family of companies is among the leading disaster management companies in the United States that provide emergency preparation, response, and recovery from major catastrophes. DRC is standing by, ready to respond to your needs. We have the experience, personnel and equipment to do the job: · Highly Qualified and Experienced Supervisors and Project Managers · Professional and Knowledgeable Administrative Personnel · Efficient and Professional Work Crews and Equipment Crews · Qualified, Experienced, and Licensed Subcontractors and Contract Reservists · Specialized and Maintained Knuckle-Booms Loaders and Bucket Truck Crews · Heavy Trucks and Hauling Equipment · Specialized Attachments and All Necessary Support Equipment Weare capable of handling all or part of any disaster remediation as well as providing expertise in the FEMA reimbursement process. DRC has a mobile command center that can be deployed to serve as a communications and operations center for you if needed in the affected areas. Weare also set up to manage car and vessel storage and processing sites, and temporary landfill sites which include separating, grindinglburning and hauling of debris. During the past two years, DRC successfully performed work on nearly forty contracts following major disaster events, recovering and disposing of over 10,000,000 cubic yards of debris and restoring miles of destroyed beaches. DRC ES is currently working in numerous locations in the aftermath of Hurricanes Katrina, Rita, and Wilma, and is dedicated to providing professional, cost effective, responsive and quality service. We seek to become a valued member of your disaster response team. We believe the enclosed information will provide you with a brief overview of our firm's capabilities. Please call us if we might provide any additional information or clarification. History of the Firm DRC was incorporated in 1989 and initially worked in the southern states of North America. The corporate group expanded in February 1991 by establishing offices in Saudi Arabia and Kuwait in the aftermath of the liberation of Kuwait from Iraqi occupation. DRC has since undertaken major reconstruction projects, civil engineering works, vertical construction, heavy road and infrastructure construction, and established numerous work camps throughout the world and performed manpower and equipment leasing and landfill management, in addition to hazardous and medical waste remediation and disposal services. Page 1 DRC ES, LLC The primary mission of DRC Emergency Services, LLC is professional, honest, and immediate response to natural and man-made disasters throughout the world. The Officers and Directors of the DRC family of companies have worked hurricanes and natural disasters for many years. The DRC family of companies (DRC), which includes DRC Emergency Services, LLC (DRC ES) and its associated and affiliated companies and subcontractors, has, over the past seventeen years, developed extensive experience and capabilities in emergency response and recovery involving, but not limited to: · Disaster Management . Disaster Relief Services . Debris Management · Vehicle and Vessel Removal And Processing . Technical Assistance · Project Management · Temporary Housing and Workforce Housing . Life Support . Construction . Construction Management · Demolition · Medical and Hazardous Waste Remediation and Disposal . Landfill Management . Civil, Heavy, and Vertical Construction DRC ES and DRC have demonstrated and are capable of mobilizing dozens to hundreds of work crews involving thousands of men and women in multiple locations in multiple states simultaneously. DRC ES prides itself on its extensive experience in Program Management and the intricacies of the reimbursement process of Federal Disasters. DRC ES has former local, State and FEMA contract personnel available who can assist in bringing a wide range of expertise to this field, including a close relationship with a former director of FEMA and a contract working relationship with a former General Counsel of FEMA. Financial Strength During the 2004 Hurricane season, DRC worked approximately 37 separate contracts performing a total of over $150,000,000 in emergency work, and recovering of over 10,000,000 cubic yards of debris in a four and half month period. Throughout this entire period, all subcontractors were paid on a weekly basis, even though DRC often had to wait up to 30 to 60 days for interim invoice payments. Personnel Key personnel of DRC Emergency Services, LLC (DRC ES) and the DRC family of affiliated and associated companies, subcontractors, contract reservists and associate personnel have been involved in hurricane emergency responses for many years, since as early as 1961. For the past seventeen years, this team has responded to major natural or man-made disasters occurring within the continental United States and its territories, in theatres of U.S.-led troop operations, and in Central America. These personnel are trained, motivated and available for immediate deployment for Page 2 DRC ES, LLC emergency response. Many are CPR and Red Cross First Aid certified and equipped with utility vehicles, digital, handheld, multi-state, two-way radios, cellular communications, and handheld computers. Under normal circumstances each will have the experience and/or training to respond immediately to disasters and is typically provided with a DRC ES supervisor handbook including required reports and forms for successful disaster response and management thereof. Professional Recognition DRC ES and its affiliates are leaders in the field of disaster management and emergency recovery. Many DRC ES and affiliate employees, subcontractors, associates, and contract reservist personnel have specialized training for emergency management and/or have attended multiple industry seminars and conferences. DRC ES, its subcontractors, and/or personnel as described above are or have been members of many professional organizations including NEMA, APW A, SW ANA and the Society of American Military Engineers. DRC and/or its affiliates, associates and/or subcontractors are licensed General Contractors in several states, including Florida. DRC ES is familiar with FEMA and FHW A rules and regulations, the Stafford Act, and 44CFR as they pertain to emergency response, recovery and reimbursement. DRC ES also enjoys a very close working relationship with James Lee Witt and Associates, LLC, Washington, D.C. Mr. Witt is the former Director of FEMA for eight years; the Senior Vice President of Witt and Associates was Chief of Close Out for multiple major disasters. Equipment Resources DRC, its affiliates, and its subcontractors own a substantial numbers of trucks and specialized pieces of heavy equipment, attachments and support equipment for emergency response. DRC, DRC ES, and its subcontractors own dozens of cellular, radio, and/or satellite telephones for use in an emergency. DRC, DRC ES, and its subcontractors are able to mobilize dozens of supervisors, project managers, administrative personnel and work crews virtually immediately and simultaneously throughout multiple disaster events. DRC's subcontractors have national priority contracts with multiple smaller subcontractors and/or national equipment leasing companies through which hundreds of trucks and pieces of heavy loading equipment are available to supplement DRC's fleet. Page 3 DRC ES, LLC Past Projects of the DRC Family of Companies The direct contracts of DRC, DRC ES, their principals, affiliated and associated companies include work resulting from: t)itT!t. . .....1 1989-1990 1991-1995 1992-1993 1992-1994 1995-1996 1995-1996 1996-1997 1997 1997-1998 1998-2001 1998-1999 1998-2001 1999 1999 1999-2000 1999-200 I 1999-2001 1999 2000 2000 2000 2000 2001 ...:~t . '- -', , -' , ',J,-j.-\-,'--- '" - .......j)Ag Hurricane Hugo - South Carolina and St. Croix, U. S. Virgin Islands Opemtion Desert Storm, Kuwait and Saudi Arabia Hurricane Andrew - Florida U. S. Military Liberation, Somalia Hurricane Marilyn, U.S. Virgin Is]ands and Puerto Rico Hurricane Opal - F]orida Hurricane Fmn - North Carolina Hurricane Danny - Alabama Ice Storm - Nebraska Super Typhoon Paka - Guam Hurricane Georges - Puerto Rico and A]abama Hurricane Mitch - Honduras Ice Storm - Alabama and Tennessee Tropical Storm - Texas Liberation of Kosovo, Serbia Category 5 Tornado - Oklahoma Hurricane Floyd - Florida, South Carolina and North Carolina Hurricane Irene - Florida Ice Storm - Georgia Ice Stann - North Carolina Category 4 Tornado - Texas Catastrophic Flood - New Jersey Ice Storms - Oklahoma, Louisiana, Texas and Arkansas ....,~ 2001 2001 2001 2001 2001 200] 2002 2002 2002 2002 2002 2002 2002-2003 2002-2003 2003 2003-2004 2004 2004-2005 2004-2005 2005 2005 2005 2005 2005 2006 -;-,: ",-'~ ',~\:_,.-:, --";-f,.'-';', Texas F]oods - Houston Area West Virginia Flooding Tropica] Storm Allison - Texas and Louisiana Anthrax Terrorism Artack- U.S. Congress, Washington, DC Tropical Storm Gabrielle - Florida Ice Storm- Kansas and Missouri Snow Storm - New York Typhoon Chata'an - Guam Floods- State of Virginia Hurricane Isadore - Louisiana Emergency Tire Fire (3 million tires) - Virginia Hurricane Lili - Louisiana U.S. Coast Guard IDIQ Facilities Maintenance and Emergency Construction Super Typhoon Pongsona - Guam Operation Iraqi Freedom - Imq Hurricane Isabel - Virginia Floods- State of Texas Hurricanes Charley, Frances, Jeanne and Ivan - Florida Tropical Strom Gaston- South Carolina Hurricane Dennis - Florida Hurricane Katrina - Florida, Louisiana, Mississippi Hurricane Ophelia - North Carolina Hurricane Rita - Texas Hurricane Wilma - Florida Ice Storms - New York Page 4 DRC ES, LLC U.S. Cities and Towns Amherst, New York Benton, Arkansas Blue Springs, Missouri Camden, Arkansas Carrboro, North Carolina Cary, North Carolina Charleston, South Carolina Fairl1ope, Alabama Ft. Worth, Texas Friendswood, Texas Gamer, North Carolina Hope, Arkansas Houston, Texas Indian River Shores, Florida Jacksonville, North Carolina Jacksonville Beach, Florida Kinston, North Carolina Lilesville, North Carolina LincoIn, Nebraska Moroven, North Carolina Myrtle Beach, South Carolina North Topsail Beach, North Carolina Orchid, Florida Raleigh, North Carolina Shreveport, Louisiana Slidell, Louisiana Sparta, New Jersey Tullahoma, Tennessee Tampa, Florida Vero Beach, Florida Wadesboro, North Carolina West Palm Beach, Florida US Counties and Parishes Berkeley County, South Carolina Brevard County, Florida Broward County, Florida Dawson County, Georgia Dekalb County, Georgia Escambia County, Florida Hillsborough County, Florida Indian River County, Florida Client Base of the DRC Family of Companies Jefferson Parish, Louisiana Lenoir County, North Carolina Lincoln, Nebraska Manatee County, Florida Martin County, Florida McCurtain County, Oklahoma Mobile County, Alabama Monroe County, Florida New Hanover County, North Carolina Okaloosa County, Florida Orleans Parish, Louisiana Osceola County, Florida Ouachita County, Arkansas Pender County, North Carolina Red River County, Texas Rockdale County, Georgia Sarasota County, Florida St. Bernard Parish, Louisiana St. Lucie County, Florida Wake County School District, North Carolina Walton County, Florida U.S. State Agencies Alabama Department of Transportation Florida Department of Transportation North Carolina Department of Transportation North Carolina Department of Parks and Recreation North Carolina Forestry Service Texas Department of Transportation Virginia Department of Emergency Management Virginia Department of Transportation Virginia Department of Parks and Recreation U.S. Federal Agencies U.S. Congress U.S. Department of Agriculture U.S. State Department U.S. Depart:n:lent of Homeland Security U.S. Agency for International Development U.S. Army Corps. Of Engineers United States Corporations Allied Waste, Inc. Bechtel International Blount International, Inc. Brown and Root Browning Ferris Industries, Inc. BugshanlStone- Webster(SaudiJUSA) Burlington Southern CSX Railroad Conventional Munitions Systems E.O.D. E.H.R.T. (E.O.D.) Flowers Industries, Inc. Foster Wheeler General Electric- Capital, Inc. Gilbert Southern Miipark International Ud. Norfolk Southern Railroad Passive Barriers (E.O.D.) Raith Engineering Tampa International Waste Management, Inc. Will Brothers Middle East Ud. International Companies Alghanim Industries (Kuwait) Archdiocese of Agana, (Guam) Arche Roden (Greece) ATCO International, Inc. (Canada) British Army (United Kingdom) Catalytic Maintenance Ud. (Canada) China Petroleum (China) Ericsson Telecommunications (Swedish) Guam EPA (Territory of Guam) M.F. Kent (Ireland) Kuwait Oil Company (Kuwait) Kuwait National Petroleum Corporation (Kuwait) Kuwait Ministry of Defense (Kuwait) Marwarid Group L.L.C. (Saudi) Morrison International (Morrison Shand) (UK) NATO- Armed Forces (E.U.) North Atlantic Treaty Organization-Albania Force (AFOR) (Albania) McConnel Dowell Co. Ud. (New Zealand) National Industries Trading Company (U.A.E.) Royal Ordnance - A division of British Aerospace (U.K.) Sofremi (French Ministry of Interior) Soviet National Oil Company (Russia) Tarig Alghanirn lid. (Kuwait) Tekfen Construction Co. (Turkish) The National Industries Co. (Kuwait) United Nations (New York) Experience, Current Capacity, and Current Expertise In the aftermath of Hurricane's Charley, Frances, Jeanne and Ivan in the fall of2004 the DRC family, its' teaming partners and/or subcontractors, performed in excess of 37, virtually simultaneous, contracts throughout the state of Florida and South Carolina. In approximately 100 days DRC removed and disposed of approximately 10,000,000 cubic yards of debris (vegetative and C&D). DRC also recovered, screened and restored tens ofthousands of cubic yards of displaced sand and debris to restore 15 miles of beaches destroyed in Florida in the aftermath of Hurricane Ivan. During 2005 and 2006, the DRC family is currently working on damages from Hurricanes Katrina, Rita and Wilma from the Florida Keys, throughout Mississippi and Louisiana, and through to Houston, Texas. Page 5 DRC ES, LLC Recent Contracts Since 1989, the DRC family of companies has responded to approximately 50 natural or man- made disaster events involving hundreds of contracts. To date, DRC, its associates, its affiliates, principals, and/or subcontractors have removed in excess of 30,000,000 cubic yards of debris. No matter how large the disaster may be, no matter the time frame or the complexities, we believe DRC ES, its principals, staff, associates and subcontractors are uniquely qualified to assist you in a rapid, safe and professional recovery. We request you to give us the opportunity to speak with you in person to explain and exhibit our capabilities, professionalism and expertise. Project Title: Ice Storm Debris Management - Town of Amherst, New York Performance period: November-December 2006 Approximate fee for services: approximately $15,000,000 Brief description of project: Following devastating Ice Storms, DRC Emergency Services removed and processed, through separation and grinding, over 900,000 cubic yards of debris. Project Title: Hunicane Debris Management - Louisiana Department of Transportation and Development Performance period: September 2005-Junr 2006 Approximate fee for services: Over $100,000,000 Brief description of project: Emergency hunicane debris clearing and removal assistance in the aftermath of Hurricanes Katrina and Rita. Project Title: Hunicane Debris Management and Beach Restoration - Escambia County, Florida Performance period: September 2004- February 2006 Approximate fee for services: approximately $50,000,000.00 Brief description of project: Emergency restoration of approximately 15 miles of beach destroyed by Hunicane Ivan. Provided technical assistance and removed tens of thousands of cubic yards of construction and demolition debris. Project Title: Hunicane Debris Management - Martin County, Florida Performance period: August 2004- May 2005 Approximate fee for services: $18,091,723 Brief description of project: Emergency hunicane debris clearing and removal assistance in the aftermath of Hunicane's Jeanne and Frances. The work was performed as the result of an existing pre-event contract. Project Title: Hunicane Debris Management - City of West Palm Beach, Florida Performance period: August 2004- December 2004 Approximate fee for services: $6,340,931 Brief descrivtion of project: Emergency hunicane debris clearing and removal assistance in the aftermath of Hunicane's Charley and Jeanne. The work was performed as the result of an existing pre-event contract. Project Title: Hurricane Debris Management - Hillsborough County, Florida Performance period: September 2004- February 2005 Approximate fee for services: $7,220,898 Page 6 DRC ES, LLC Brief description of project: Emergency hurricane debris clearing and removal assistance in the aftermath of Hurricane's Jeanne and Frances. Project Title: Hurricane Debris Management - Virginia Department of Transportation and Virginia State Parks Department - through Virginia Department of Emergency Management Performance period: October 2003 Approximate fee for services: $39,266,771 Brief description of project: In response to the extensive devastation caused by Hurricane Isabel, DRC was immediately tasked through its existing pre-event contracts to initiate recovery and debris removal by the Virginia Department of Transportation (VDOT) and the State of Virginia Parks Department. DRC worked throughout six counties, covering what we understand was approximately 10,000 miles of roads for VDOT and eleven State Parks for the Parks Department. DRC removed and processed, through separation and grinding, over 2,748,000 cubic yards of debris in approximately 110 workdays. Demolition DRC and DRC Environmental, Inc., through their teaming partner and primary subcontractor, completed the demolition, removal and site restoration of 485 homes on the campus of the University of South Alabama. Many ofthe homes have tested positive for asbestos, requiring specialized handling. All 485 houses were demolished and removed within 112 days. Experience in Solid Waste and HazMat Management and Disposal Hazardous and toxic waste (HTW) is a special operational aspect that must be accomplished with very precise, pre-established standards and regulations. Safety to the workers, government employees and the citizens of the area is paramount. With this in mind, DRC ES has established and implemented proper handling procedures for HTW, including household hazardous waste, which, after a disaster may become concentrated and no longer be considered diminimous. These procedures include the segregation and removal of HTW from the debris stream prior to the recovery of other debris and sorting and additional recovery of HTW within each TDSR site. HTW is normally removed to a proper disposal site or temporarily stored in the HTW disposal areas constructed within each TDSR site. HTW is collected, handled and disposed of by specially trained HazMat technicians. Federal and State Reimbursement Procedures The DRC family has successfully accomplished numerous debris removal, management, reduction, and disposal contracts throughout the Southeastern United States, the U.S. territories in the Caribbean and Pacific Ocean that have been subject to strict FEMA reimbursement procedures. DRC affiliates have also worked with independent clients to assist them in receiving adequate and appropriate reimbursement from FEMA. DRC works closely with its clients to ensure that operations are in compliance with Federal law governing disaster related expenditures. DRC ES shall continue to assist the client long after work is completed. DRC is a leader in providing Technical Disaster Recovery Assistance to local governments in planning for and responding to major disasters. DRC ES utilizes professionals who have worked Page 7 DRC ES, LLC as Technical Assistance providers for local governments for the majority of their professional careers. In addition, DRC and DRC ES normally include this assistance at no additional cost to its clients with whom it has a pre-positioned disaster management contract in place. This technical assistance includes review and/or writing of recovery process plans and procedures for our clients with whom we have a continuing contractual relationship. DRC ES will provide, at no additional cost to the government entity, a staff person to assist the government in meeting documentation requirements, assist the government in developing a disaster recovery decision matrix, assist in the identification of eligible work items for potential reimbursement, and train government personnel in the recovery process actions and tasks. Data Management and Tracking DRC ES tracks costs on a real time basis using a Daily Progress Report that is completed and submitted daily to the on-site project manager. Additional information can be added to meet any local unique needs for capturing the data. Hours and/or cubic yards are summarized at the bottom of the report and a daily cost is determined. This information is reconciled daily with the government. Recordkeeping & Reporting DRC ES shall submit, if requested, progress and quality control reports each day to the governing entity for all activities. Each report would contain, at a minimum, the following information: . Letterhead · Contract Number and Task Order · Daily and cumulative hours for each piece of equipment included on the contract · Daily and cumulative hours for personnel, by unit cost, or · Daily and cumulative cubic yards removed (supported by trip tickets) Typically, Daily Reports are co-signed by the governing entity's inspector to verify work performed. In addition, the governing entity receives an original copy of all load tickets and receives and verifies for co-signature, a Daily Reconciliation Sheet listing each load ticket, the truck number, crew number, street, truck volume, percent full, credited volume of debris removed and the total volume removed for the day. This Daily Reconciliation Sheet is typically verified by the governing entity and becomes the invoicing document for the Contract. Preparing and Submitting Federal/State Project Work Sheets DRC ES can assist the Government entity in completing any and all forms necessary for reimbursements from state or federal agencies relating to eligible costs arising out of the disaster recovery effort. This may include, but is not limited to, the timely completion and submittal of reimbursement requests, preparation, and submittal of any and all necessary cost substantiations and preparing replies to any and all agency requests, inquiries or potential obligations, denials or de-obligations. Page 8 DRC ES, LLC Technical Disaster Response and Recovery Management Training DRC and/or DRC ES have on staff, or available through its extensive Reservist/Consultant Personnel Database, qualified personnel who are available to assist any client with Exercises, Plans Formulation, or Training of Government personnel on eligibility issues, reimbursement procedures, documentation, etc. Training can be generic in nature or tailored to specific issues that the client may wish to have addressed. Logistical Support DRC has provided logistical support in remote war-torn areas. DRC responded to Albania at the initiation of the hostilities involved in the invasion of Koso va by the Republic of Serbia. DRC entered Kosovo immediately after the cessation of bombing and performed work for NATO and various other military organizations, including the U.S., Italian and British Armies throughout the Balkans. DRC built helicopter landing pads, remote observation posts and temporary housing; provided logistical services; hazardous and liquid waste removal services; constructed roads, temporary buildings and office complexes. DRC performed very substantial road-building contracts in Kosovo for the British military. Ability to Assess and Calculate Approximate Volumes The DRC families of companies' Project Managers are all well versed in the latest U.S. Army Corps of Engineer's Debris Estimating Models and are available to assist the Government's officials in projecting the volume of debris generated from a specific event. Working closely with the Emergency Recovery Officials, DRC ES can apprise the County/City as to the size of the recovery team that will be needed to complete both the debris removal and debris disposal within FEMA established timeframes. Page 9 DRC ES, LLC Timely access to sufficient quantity/quality personnel and equipment The DRC family of companies has implemented a comprehensive Corporate Level Advance Mobilization Plan to ensure a coordinated, expeditious and effective response to disasters by its personnel and resources. This plan has been utilized by DRC to respond quickly in the following contracts: · During the most recent 2004-hurricane season DRC and/or its teaming partner provided emergency disaster recovery services to 37 separate government entities throughout the State of Florida and South Carolina, recovering nearly 10,000,000 cubic yards of debris. DRC and/or its subcontractors mobilized dozens of experienced project managers, superintendents, and foremen in addition to hundreds of experienced work crews. DRC was able to respond virtually immediately to each client's needs and provide sufficient resources to ensure completion of these recovery efforts in the allotted time, if not sooner. · In January 2000, in the aftermath of the Winter Ice Storm, DRC performed debris removal and landfill management services in North and South Carolina and Georgia. DRC and its subcontractors mobilized approximately hundreds of men and women and hundreds of pieces of heavy equipment and trucks in three (3) counties in Georgia and the Western half of North Carolina. Approximately 800,000 cubic yards of debris was removed and processed within approximately 90 days. · In 1999, in the aftermath of Hurricane Floyd, DRC and/or its subcontractors performed over a dozen, virtually simultaneous, contracts throughout Florida, and North and South Carolina and mobilized the majority of these contracts within 6 to 72 hours. These contracts included a 24-hour per day flood fight utilizing prison laborers and sandbags; constructing emergency levies in South Carolina to protect major infrastructures; hazardous waste and field containment in the flooded rivers in Lenoir County and the clean-up of polluted streams and rivers in the vicinity; debris removal; beach and sand renourishment; dune walkovers; road repairs and landfill management. In Florida, DRC performed the removal offish kills in freshwater lakes near the ocean and removal of sand that had clogged various storm water drainage systems. DRC and/or its subcontractors also performed demolition services on various homes in flood zones, and technical services for virtually all clients. Page 10 I 31 J II..~" _~l ,~ " DRC Emergency Services, LLC 740 Museum Drive. Mobile, Alabama 36608 1-888-721-4372.1-251-343-3581. FAX 1-251-343-5554 PAST PERFORMANCE AND REFERENCES - The DRC Group PAST PERFORMANCE: MAJOR DISASTER RECOVERY PROJECTS SINCE 2000 I DA11i:OF CONfRACl'lNG AGENcY I>ESCRIPTIONOF WORK CONTRACf AMOUNT CONTRACI' Aug-OO SpartII, NJ &n2gClllCY Debris Removal $ 742,373.00 "" Aug-OO USDA-NRes, Raleigh, NC Emapncy Dc:tJril; Removal- Tran River, S 419,452.00 "" Joaes County Nord! Carolioa Sep-OO CJt Peele Conslruction, Camp LeJeune, EmcqIZlCY Debris Grinding $ 77;200.00 North Carolina " Jlln411 City,ofCIUDdm., Arkansas Emergtucy Dc::bri8 Ranovallllld Pnxessing S 937,695.00 . lee StoIm Jan-(l1 McCm1ain County, OK E!mlrgency Ice Slorm Debris Removal $ 25,000,643.00 " I. Feb-{Jl City ofBmton, Arkansas Emergency Debris Removal and Procc:ssing $ 304,928.00 - Ice Storm Feb-Ol City of &pc, Artansas ~ Debri!I Removal and Processing $ 704,960.00 - Ice Skmn , Fcb-Ol City of Shreveport, LA F.metgcncy Debris Removal and Prooes:sing 1: '238,62{tOO - Ice Storm c Fd:Kll Ouachita Co, Arkansas Emergmcy Debris Removal and Processing S 2,086,368.00 I ", - Ice Storm Feb-Ol Red River Co, TX Emersency Dc:bri8 RemoVllI and Processing $ 2,640,937.00 - Ice Storm Mar..{lI Texas Oepartmml ofTransportlllion, Red Emergfllcy Debris R=noval and Proc.ellsing $ 125,108.00 River Countv .keStmm "", Juj.,Ol Cityor~,T~ Flood Debris Removal (Euviroomattal) '" $ 854,.387.00 I " Jul-Ol City of HOO5ton. TCXlI!i Flood Ddris Rcmoval- T.s. AlIisoo $ 1,511,241.00 , JIli..(l1 Clcurbmok Utility District, Texas Flood Debris RcmoveJ-T.S. Allison S 14;710.00 , , 1 ul-ol Dickinson. Texas Flood Debris Rmloval- T-S. Allison $ 1,851.00 Ju1.-:O I Frimdswood, TalIS Flood Debris RemoVIII-TS. AIliSOll $ 146,223.00 " , Jul..O 1 Guam Power Authority T<<hnical Scr-viecs -Super Typhoon Paka S 897,728:26 , ,", M-OJ Pcarland,Tcxllfi Flood Debris Removal-T.S. AUison $ 155.426,00 Jul..(ll Sarasota County, Florida Debris Removal- TS. Gabriella $ 2,llO,99t:OO " Jul-O 1 Slidell, LA Fiood Debris RcmrJvaI-T.S. AllisoQ $ 53,.317.00 ".. I Ocl-OJ US AnnyCOIpS of Engineers Tom's Temporary Honsing Site Work & S 2,599,024,00 MOWltain, wv Development- floods Year 2002 U.S. Coast Guard- N. Atlantic Div.- IDIQ Emcfgc8cy Cogstruc[fun Sernces- $ 1,300,000.00 multiple task oniers - Year 2002 Page 1 I I r Mar,:(J2 . Slate. ....iJfv... .... ...~. .' .. '."",,-, -~_''''''''' ,......0..+...... "ap1.I;II,'--"-'" -~~ ~ City of Uicb1nmDa. MO City otaro...n1, Louisiana I..ouiailma ea.r~PWviJjODll AuIbority 8qbdId, fnIq AII1llmd, VA ,. 0et~3 VA. DcplefConscrvmoo &. Rcc:rmtioo Oct~3 VA Dept ofTl'IllSpOJ18tion Hollywood, Florilk loctiBn RiYCll" Coull FL JacbopyiiJe FL A -04 St. ~e PL 3.oocf,OOo Tirai F'Jle-F~)' HaDidous' V{1I:IkI Cnntain..- . . - ke Stonn Dcbis Removal HmqiI:lCy .lee S1allD Dlibri5 Roduction Odxis ~iIrfillaoCs 1sidocc& Lili ~ RnDuYaI-JI\...~ ~.& LiIi , . flI::twit~HIa.;........ ~ &. Liti Dilbris 1ta:DiMiI-1lPiric8nai.1sidoI'e.& IJli ~~~ ServiCOtiD aii(6) _HE StiaI!ll - IDIQ m~- adtituk 0pQti0a lJI!qi Pladom - CotlIbu:t aud opnIe~i-~OlElJIl- IrIq . t:-wor...nty facfIitie8. pnMde CJudta . 'HiatiCebi: kibd. dliIliiI ~l ~ &abd debris ranoval H1aricane Iabd cIdri8 raoovaJ Hurrk:ana-Isahd debris ftIDIMll Debris ftlIDO\lIIl ao;I mIul::tioD iB idlamath oc. . DcbriI IablJftl aad rlIlIottioa in aI\amalh of. . DubriI RIUOWJ llIId milactioo in aJ'tamUb or.~. Pmridod cWlriJ tleuiDg IDiI n:mo~ in fbc aa.:m.tb oflfuiriemes Jeamae.oo FRocaI iQd 1eclmical..-...., for FEMA ~ DabriI nDl'JVllJ IUId nlduc&ian in aftc:rmatb of.a .' Ddlds l'llIlllI'nl aDd ndlMltioo in afunnatb oia ..' Provided hIirril:aDc J"dmd dcbrili deariag aDd ranoval.....~ in 1bcalltnnldh of Ifllrrit:anc: fv.t. Provided tr:dmieal - forFEMA~l DdJris ranovaI and Rdlx:tion in aftennath of I'hiaril:aqe. DmriB ftmOVIl8lld nduetim in aftmnalb of.- Debris ItlDilOlIII aDd l'lldDctil:m in IIftcrmatb oh JJrcUis rtIlDIJWJ and reducliOft in aftmnath oflhurril:aao.. J)etJris1'allOW!~~:fu~' ~ bu:rriclne. - -- s Page 2 ~JuI..05 Momoe FL JW..6s PL FL JuJ.Oj ShaIimIr FL Jul-05 Saata JuI.:os Gulf Breeze Jul-Q~ DebrU~ md rcdar:tioo. in aftm:oath of. . Ddna rI:IDeVlIllDd I'IIlIPetioa. in dermB8:l ofe9tD1 ; Ddlri8 JaDImI aDd rcductim in'li8cmEb cfaewi:al~ DdJrDn:altMIllBl n:daeIirm. ill aftamatb cf- . DdIriII'CIDlJVIll_ I1ldDcW:m. bI aIlc:mIIlb ob . DdJrisnaiOVll-a&d I'IldaIctilm ill ~ ch Ddltd_~_~iz1 aftermalb cta ~ laDn'aJ,.ud ftIdDcIion in dermalh Oflll' Drebris-iaaowal_ niIIIcI:iob in aBamrId:J of.lll Ociiina: _ 'Damlition ef ~~y J Smik8 cfPcmaoaJa. floridi-~ daIlrQ)'IId by tbaraoe 1\Im. RmkrnJ aad ...... 6fbaaob -. 6me .dbt....... ani diaD1iIion. DdIris'tanoWJ I:Dd ~ of~.....lIbul:tIIra... ~- PrO"- IimricmDn::kIed' cIeuiDa- aad 1'CIaFWil ~in 1bc a1ttrJIIIth of :tfutticat J--. Pro.iidod mcImical , - 1b!'PlIMA~ DobriI tW&lMI ad reauction ill Ilh1Mlb cia . AjrDcaui fer DebriI ad DiIufd- ,Senices .. ~ ad nduction in aftcrmalb ofn...~ MIll D1\CES ' 0Ibris RUIOVI1. ndii::lion aiDd -.d ~ in Ibt: aIkmlIIb ofHu:nic&oe J;lamiI. PiO'ridI:ld IlanbDe niatcId &hie: dcII:rq and ~ ~ inlbe a:ftamalh cf Hulricane . CmetNctioiI.~ tiaaIio& rciduomg .ad diipogL SlIIId IClNaJiDa -.I nrsIonJian ofbc8eh - ill Ibe afRmricaoe Dmnill PrOYided htaricaaxI rdld<<I ddris clatring 1m1111.!J:Dlna1 ~~ in Ibc IIftc:nnatb of . ~, Pmviikd ~ nWa:I ddIis obrin, - ranovaJ aaisIancc in the ~ cf . Dmaia:. Hurnc..e Damil ~ Debris Rawv.id. DRCES.~ Hurricilme Deaaii ~ Debris DltC ES ~eDenoiJ~Debris '~DRt.,~ $, 4D.6QO.QOcfOO $ .00 $ 80 000.00 S,1 .00 52 000 .00 $66.317.12 $19 196.16 ''''' ' ",I fJ7,2S0,lOJ.OO ( ,$5.76000.00 $25QOOIWO Page 3 ~ 4), A "6S -os s ...MiBmiFL Florida Dct-t..-4 of Mooroe . FL FlDridIl North T NC JdfcnKn TX w LA Dea:fidd fL Monroe f1. P FL NCll1b. Miami fL M' . FL School Dislrict of Palm FL FL Martin FL Miamj.Dade FL Pabn Beld! SW FL W lA. C' of ~ Dqlatb.b..ut of~ta1 St Bernard Parish, LA Monroe FL :.;....... .,.:...,..H'Debris ~ICalrQ~y ...... RaiDoval'- " . .'. . ..' . . . ." -: --- -,-> ~ H:uttieatH: Kalriaa Ifmcrp:Dcy Ddxil Romtwal HmricIoc KalriaB ~ J:)d:.U; IfDrtiome Kalrii:Ill ~ Debris .ReRtewI Hdh....... Krdril:Ia I:mcrpacy Ddri& ReaDwL DReES JJ..C,;..~..;tor ~ KarriJw;.Emapaoy Di:lbriI ~ IIliiril:aDc . ~';""'.Y Raaxwal DRe BS. u.c '"' tcllmiI:Ig w1tI:t IDe, I:briDaDc KdiDlI!m.........i Ddwis ~ Push for Mamoe HurricaDc Ophelia lIrrapocy DdJris RGoYal lfIIIIic;lIIIc Rim ~RaDowl Hwticaoe Rita [)I:ibd& RCIQlI'Va1 ~ Wibna BmqlIlcy DdJri!; Hmricarw Wilma a.........,. Debris IU:mDw:I HmricaPe Wibm.1it:acIrgmcy DdJris RaooVlII Hmrieane Wilma ~ DdJris RcmoVlll JbarioaAc Witrna &"'p--y Debris ~ HltIricaoc Wilma BmcIplcy Ilcllris Rall9vaI Hunil::me Wilma ~ Debris RmtDvaI. fIarricIDe W'dmt, Elmagw:.y Ddlris RaDOVid ~ W~ Emqaocy Debris RomoVII! HuIriaa1e Wdma Bmtqs:\cy Debris I.<<mvaI If:lu'ricEc KstriAa Bmqeooy Priwle JJrebris Ra:aaval Humc.e KIItriqa EmcIIgaK;y Debris RetlxJYB1 Hurric:aae Kmina RmlDvaI of Vdlidcs aDd V . -- --- .,,'_/:- - - _\ ,- -.- '. -- - '. - ' Hmricme~liu~itfn$tilUatjqJ1()f "PEM^" Jmod tnrikrs H~W~~\'jI1~Ml!Dne Dcbriaead~.V~ . I:.stiIDataI $3 000 000.00 Iistimaud $2 000 Wod:m~..1 . .000. wort iD~ "1 .Esti!aIkd 000 w.........4ft.;. m~.. I ~ S4.@.OOO Page 4 I ~ Yod . Wen m J'tqp'Cfs 1Wi-tl'd sg 000' Work in Pi'clpas 5JS (lOO WCI(t m '.Pmgras .. ~,OOO Oct4t6 F1uar~. "~b~otg~ u.in ~~1dwod; :ill Haiti mr US'IXlt, MisIiouri FdH)7 ~' ,~ REFERENCES DRC ES, DRC Inc, and their affiliates have successfully accomplished numerous debris removal, management, reduction, and disposal contracts throughout the Southeastern United States, and the U.S. territories in the Caribbean and Pacific Ocean. DRC, DRC ES, and their affiliates and associated companies and subcontractors have together recovered in excess of 30,000,000 cubic yards of debris over the past many years. During the aftermath of Hurricane's Charley, Jeanne, Frances, and Ivan striking Florida during 2004, DRC mobilized on 37 separate, virtually simultaneous contracts removing approximately 10,000,000 cubic yards of debris and restoring miles upon miles of gulf front beaches to the original condition. Following Hurricanes Dennis, Katrina, Rita, and Wilma in 2005, DRC assisted in recovery efforts everywhere from the Florida Keys to Houston, Texas. Listed below are a few of the large-scale debris handling contracts that DRC has completed: Town of Amherst, New York 1042 North Forest Road Williamsville, New York 14221 POC: Robert Anderson, Superintendent of Highways Tel: (716) 631-5990 Dates of Service: October, 2006 - December, 2006 Approximate fee for services: $12,000,000.00 Brief Description of Service: In the aftermath of the 2006 Winter Ice Storm "October Surprise" DRC responded to Amherst, New York, removing approximately 800,000 cubic yards of debris and 30,000 trees. Louisiana Department of Transportation and Development 120 I Capitol Access Road P.O. Box 94245 Baton Rouge, Louisiana 70804 POC: Gordon Nelson Assistant Secretary of Operations Page 5 Tel: (225) 925-7399 Dates of Service: September, 2005 - June, 2006 Approximate fee for services: Over $100,000,000 to date Brief Description of Service: In the wake of Hurricane Katrina in September 2005, DRC was contracted by the Louisiana Department of Transportation and Development to provide debris removal in thirteen parishes including the most heavily affected parishes Orleans, St. Bernard, Plaquemines, Jefferson, and St. Tammany. Escambia County Florida 223 Palafox Place Suite 300 Pensacola, Florida 32501 POC: Bob McLaughlin, Assistant County Administrator Tel: (850) 595-4935/Cell: (850) 554-2772/Fax: (850) 595-4923 Email: bobmclaughlin@co.escambia.fl.us Dates of Service: September 2004 - February 2006 Approximate fee for services: $ 50,000,000 Brief description of service: Clearing and restoration of approximately 15 miles of Pensacola, Florida beaches destroyed by Hurricane Ivan. Removal and cleaning of beach sand, dune restoration and removal of remaining debris. Debris removal and condemnation of beach front structures as directed by the Government. Management of ROE project. Martin County, Florida 2151 SE Aviation Way Stuart, Florida 34996 POC: Darrell Wright, Field Operations Supervisor Tel: 772-221-1394; Cell: 772-260-6066; Fax: 772-221-1466 Email: dwricl1t<tUmartin.fl.us Dates of service: 2004-2006 Approximate fee for services: $25,000,000 Brief description of service: Clearance of hurricane generated debris following Hurricanes Jeanne and Frances (2004) and Hurricane Wilma (2005) Monroe County, Florida 1100 Simonton Street 2-216 Key West, Florida 33040 POC: Judy Steele, County Engineer Tel: 305-295-4329; Cell: 305-393-7878; Fax: 305-295-4321 Email: Steele-Judith<iUmonroecountv- fl. gOV Dates of service: 2005-2006 Approximate fee for services: $15,000,000 Brief description of service: Clearance of hurricane generated debris following Hurricanes Dennis, Katrina, Rita, and Wilma. City of Sanford, Florida 300 North Park Avenue Page 6 Sanford, Florida 32772-1788 POC: John T. Reichardt, Assistant Public Works Director Tel: (407) 330-56811Cell: (407) 402-4349/Fax: (407) 330-5601 Email: reichardi@ci.sanford.fl.us Dates of Service: August 2004 - November 2004 Approximate fee for services: $ 4,850,000 Brief description of service: Debris removal and reduction in aftermath of several hurricanes. City of West Palm Beach 200 2nd Street West Palm Beach, Florida 33402 POC: Ken Reardon, Director of Public Utilities Tel: (561) 494-l040/Fax: (561) 494-1115 Email: kreardonW2wpb.org Dates of Service: August 2004 - December 2004 Approximate fee for services: $ 6,300,000 Brief description of service: Debris removal and reduction in aftermath of several hurricanes. City of Houston Texas P.O. Box 1532 Houston, Texas 77251-1562 POC: Mr. Thomas M. Buchanan, Director, Department of Solid Waste Tel: (713) 837-9107/Fax: (713) 837-9110 Email: tm.buchananW2citvofhouston.net Dates of Service: July 2001 Approximate fee for services: $ 2,375,000 Brief description of service: Debris removal or construction and demolition debris from 40,000 houses flood and/or destroyed in aftermath of Tropical Storm Allison. Page 7 f I 4 . i I ! ! J ..'-~\ ~-~." DRC Emergency Services, LLC 740 Museum Drive. Mobile, Alabama 36608 1-888-721-4372.1-251-343-3581. FAX 1-251-343-5554 APPROACH AND METHOD Table of Contents M 0 BILIZA TI ON PLAN ............................................................... .......................;........... 1 EMERGENCY DEBRIS CLEARANCE (PUSH).......................................................... 3 DEBRIS REMOVAL (LOAD AND HAUL) ..................................................................5 DE B RIS HAULING........................... ....................................................................... ........ 9 TEMPORARY DEBRIS STAGING AND REDUCTION SITE MANAGEMENT 11 DEBRIS S T A GIN G ......................................................... ............................................... 14 DEBRIS SEGREGATION ............................................................................................. 17 DEBRIS REDUCTION .... ..... ......................................................................................... 18 DEBRIS DISPOSAL ...................................... ............................ ............. ................ ........ 20 DEBRIS ST A GIN G SITE RESTO RA TI ON............................................................... 22 FEMA REQUIREMENTS AND PROCEDURES ....................................................... 24 MOBILIZATION PLAN DRC ES can mobilize dozens to hundreds of personnel and equipment crews immediately upon request. Typically, our first deployments will be strategically staged near a client's position in advance of predicted weather event. DRC ES will normally commence mobilization of equipment, operators, and laborers immediately upon receipt of a Mobilization Task Order (Notice to Proceed) to meet the requirements of the governmental agency. Occasionally communities will even request us to mobilize slower than usual to allow the employment of sufficient community inspectors and to allow for debris to begin being placed in the ROWs. DRC ES will work within any such request. Eauipment Transportation DRC over-the-road equipment transports and operators will initially conduct equipment transportation. Additional equipment transportation will be contracted, as needed, by over-the-road sub-contracted equipment transporters and operators through standing pre- established agreements. Advance Mana2ement Team The DRC Advance Management Team will meet at a designated location for tasking and instructions as directed by the Government. The Advance Management Team will determine the site location(s) in the disaster area for the company temporary field office/s, communication unit, lay-down yard and support systems. Personnel Transportation The DRC Advance Management Team may be air lifted to the designated location by company aircraft. Buses, motor homes, car pools, etc. will provide transportation for other company personnel. Safety BriefiD!!.s The company Safety Officer will conduct a safety briefing and personal protective equipment check prior to the departure of any personnel to ensure compliance with the Corporate Accident Prevention Plan as part of the Corporate Safety Plan. Temporary Housin2 and Subsistence Support Company headquarters personnel will secure temporary housing by the following priority of choice: · Rental Property · Efficiency Lodging rooms · Non-efficiency lodging rooms · Company or rental motor homes and/or travel trailers. Company headquarters personnel will secure temporary sanitary facilities in the event such facilities are inoperable in the effected area. Company headquarters personnel will assure a reliable and safe supply of food and potable water for consumption by all personnel assigned to the field. Company headquarters personnel establish and maintain an "Emergency Contact List", to include key medical information for all field personnel to ensure compliance with the Corporate Accident Prevention Plan as part of the Corporate Safety Plan. Personnel and Equipment Taskin2 The required equipment transports and operators will be directed where to report to commence emergency work as required by government tasking or contract. All trucks which will be used for recovery or hauling of debris will be directed where to report for safety inspection and haul capacity/quantity measurement by DRC and government personnel. Each truck and/or trailer will be permanently numbered to reflect the truck number - contractor number - haul capacity. All personnel must receive a site/task specific hazard communications and safety briefing prior to commencement of any work to ensure compliance with the Corporate Accident Prevention Plan as part of the Corporate Safety Plan. Fuel Supply Company headquarters personnel will establish a list of emergency fuel suppliers for use by field maintenance/fuel personnel. Field maintenance/fuel personnel shall prepare their assigned maintenance/fuel vehicles for deployment in accordance with the appropriate inventory and safety checklists. 2 Personnel Trainin1! All personnel records (management, supervisors, foremen and laborers) shall be reviewed prior to deployment of personnel, to ensure all personnel have documentation of current training for each position that they could be assigned (in accordance with OSHA, EP A, and other applicable regulations and standards). EMERGENCY DEBRIS CLEARANCE (PUSH) Emergency Road Clearance involves the emergency clearing, cutting, tossing and/or pushing of debris from the primary transportation routes to the medians or sides of the public rights-of-way (ROW). The purpose of this task is to temporarily clear debris from pre- designated critical arteries to facilitate the movement of emergency vehicles and other ~ critical traffic in the immediate aftermath of a disaster. Only a single lane is usually cleared at first with the additional lanes being cleared according to the needs and requirements of the t;. community. In addition, ~~"":::,:", entrances and routes to hospitals and emergency service facilities, such as fire and police departments, are given priority for this emergency debris and fallen tree clearance. - ~ ...., ~ ':; 'I' : .~. I ., . ~!.. ~ ;. -t :; .c~' ~'...... ,- The equipment utilized in this operation can include, but is not limited to: large rubber tired loaders with grapples or rakes; small bobcat type loaders to access narrow areas; and other specialized clearing equipment as may be required by local conditions. Additionally, service trucks for maintenance and/or fuel and vehicles for personnel transportation and supervision are required. Personnel, such as heavy equipment operators, truck drivers, and operators with chainsaws, general laborers with tools, flagmen, mechanics, supervisors, and project managers are usually required. This operation is accomplished when time is of the essence, normally within the first 72 (plus or minus) hours after an Event. Although this is a time critical operation, safety of personnel and the general public is paramount to a successful operation. Extreme caution must be exercised during this phase of the debris management operation to avoid downed live electrical wires and other such dangerous circumstances. Once this task is accomplished, or coinciding with the progress of this task, debris removal from public easements, property and rights-of-way begins. 3 EQUIPMENT AND CREWS DRC FIELD SUPERVISORS/CREW FOREMEN - Field supervisors will report to the senior field supervisor/project manager. All supervisors will be responsible to ensure work is conducted only in those areas designated by the government. Supervisors will not allow work to commence in additional areas until directed by government task order. Supervisors shall be responsible for the safety of all personnel and equipment. Supervisors will be responsible for collection of daily personnel and equipment time logs, and their distribution to the Company designated representative with a copy given to the government. Crew foremen will report to their designated supervisor. Foremen will be responsible to ensure work assignments received from their supervisor is completed to the requirement of the government task order. Foremen will be responsible for maintaining the daily personnel and equipment time logs. EQUIPMENT CREWS DRC shall provide equipment, with operators, and laborers for debris clearance and all labor, equipment, tools, and materials necessary to fully operate and maintain (including fuel, oil, grease and repairs) the following: 1) Dump Trucks, 16-20 yd capacity, with Operator 2) Front-end Loaders, 3-5 yd3 capacity, with Operator 3) Two (2) Person Laborer Crews with Chainsaws, l6"min bar, traffic flags, and misc. small tools (axes, shovels, safety equip., etc.) 4) Pickup Trucks, yz-l Ton, with crew foreman, and cellular phones. (b) The Contractor shall provide the crews for three (3) days with an option to extend for up to an additional seven (7) days based on the needs resulting from the disaster. Other crews and equipment typically deployed: · Rubber tire loaders with blades, buckets or grapples. · Rubber tire loaders with rakes will be used where needed. · Rubber tire excavators will be used where needed. · Track equipment will not be utilized unless tasked by the government. · Excavators with street tracks and thumbs can be utilized if required/approved by government tasking. HAND CREWS - CHAINSA W CREW - 1 or 2 laborers with sufficient hand tools will assist a Chainsaw operator. MAINTENANCE/FUEL VEHICLES AND PERSONNEL - Maintenance/fuel vehicles will be assigned and manned as needed to provide an adequate supply of fuel to maintain equipment operations. Maintenance/fuel vehicles will be assigned and manned as needed to provide all required field maintenance to ensure equipment operations. LABOR CREW - I or 2 laborers with sufficient hand tools will accompany each piece of heavy equipment. 4 OPERATIONS · Clear debris from roads in the order of and number of lanes as tasked by government. · Clear debris from parking lots, areas of ingress and egress and any other area of hospitals, shelters, emergency operations center, etc. as tasked by the Government. · The priority of this operation is to clear the debris. Damage may occur, but causing damage will be avoided to the extent possible. · Operators and hand crews will be instructed to perform in a workman like manner to prevent damage to salvageable and/or undamaged property and prevent personal injury to ensure compliance with the Corporate Accident Prevention Plan as part of the Corporate Safety Plan. · Attempt to make roadways and intersections as safe as possible from sight and traffic obstructions to ensure compliance with the Corporate Accident Prevention Plan as part of the Corporate Safety Plan. · All supervisors will maintain personnel and equipment hours on a per day basis. DEBRIS REMOVAL (LOAD AND HAUL) This operation entails the recovery and removal (pick-up and hauling) of all eligible debris from public easements, property and rights-of-way to designated Temporary Debris Staging and Reduction (TDSR) Sites and/or directly to a final disposal site. Eligible debris is typically that debris which was either generated directly by the event or as a result of the event, and is not the primary funding responsibility of a Federal agency other than the Federal Emergency Management Agency (FEMA). This debris may include: 1. Vegetative debris (stumps, logs and limbs) 2. Construction and demolition (C&D) debris 3. Recyclable debris (such as metals, glass, cardboard, etc.) 4. White goods (refrigerators, air conditioners, washers and dryers, etc.) 5. Hazardous and toxic wastes (HTW) (industrial, commercial and household) The equipment and personnel utilized for each operational phase will vary by the type, quantity and location and proposed disposal and/or reduction method of the debris. In all operations, regardless of type of debris, appropriate personal protective equipment for personnel is critical. DRC will cover loads with tarpaulins if necessary to contain debris. Rieht of Way Clearine A. Vegetative Debris 5 Vegetative debris operations equipment may include, but is not limited to: rubber tired loaders with buckets, rakes, grapples or 4 in 1 buckets; rubber tired excavators with grapples or thumbs; telehandlers; track type loaders with rakes, grapples or 4 in 1 buckets (to be utilized only under certain permitted conditions); trailer or truck mounted knuckle booms with grapples or clam shells; self-loading trucks (knuckle boom with grapples or clam shells); farm type tractors with box blades, flat blades or brooms; bobcat type loaders; bucket trucks with 50' booms for hazardous tree and limb trimming; 30 ton or larger cranes to remove heavy stumps and or trunks; haul trucks ranging in size from 16 to 120 cubic yard capacity; roll-off dumpsters; flat-bed tractor trailers to transport equipment or stumps and oversized tree trunks, fuel and service trucks. Vegetative debris operations personnel requirements may include, but are not limited to, equipment operators; superintendents with trucks; foremen with trucks; operators with chainsaws; traffic control personnel; general laborers with tools; safety personnel; mechanics; hazardous materials technicians; documentation personnel; quality assurance personnel and project managers. It is the policy of DRC to maintain all debris work sites at the appropriate use standards, safety standards, and regulatory requirements. Debris removal operations should be closely overseen by a Government Entity and possibly a FEMA representative on-site during all working hours. These representatives are to ensure and document the removal and recovery of only eligible debris and should initiate the multi-part debris documentation program. B. Construction and Demolition (C & D) Debris C&D debris operations may utilize the same equipment as listed above for vegetative debris. Curbside separation by the contractor and public can be very important to ensure proper segregation of vegetative from C & D debris and to attempt to segregate any hazardous and/or household hazardous waste. (See paragraph D below) A debris pick-up and haul operation that is primarily focused on C&D debris may also require equipment such as: D-6 or larger dozers; track-type excavators with impact hammers, electromagnets and/or concrete shears and/or grapples, and other specialized equipment to segregate or prepare the debris for transport. The personnel requirements for C&D debris operations are similar if not identical to those of vegetative debris operations. DRC and its subcontractors own or have access to the equipment required for these services, including front-end loaders, excavators, rubber-tired backhoes, most with grapples or 4 in 1 buckets, knuckle boom loaders, dump trucks, dump trailers and service trucks. C. Metallic Debris White goods can present a difficult dilemma to the recovery efforts. If the white goods contain Freon, this Freon must be removed before it is accidentally released into the air in violation of the U.S. Environmental Protection Agency regulations. Typically, white goods are moved to TDSR sites prior to Freon removal so the removal activities can be more effectively monitored and thoroughly controlled. Freon is then removed by a 6 licensed Freon recycler and the white goods are crushed or shredded in the recycling program. White goods recovery (pick-up and haul), with the exception of white goods requiring Freon recovery, is treated and accomplished as though it were either C&D debris or recyclable debris, dependent upon the final disposal source. Each Freon containing piece of white goods should be hand or mechanically loaded in such a way as to not allow crushing of the Freon lines or premature release of the Freon. Equipment and personnel would also be treated as a C&D debris or recyclable debris operation, dependent upon the final disposal source. DRC has extensive experience with white goods and Freon recovery. DRC recovered, shred and removed an estimated 80,000 pieces of white goods in one major storm alone. Automobiles and trucks destroyed in a natural disaster in large quantities pose an additional operational dilemma. If only nominal vehicles are destroyed within the Continental U.S., they are typically recovered by local salvage agencies for salvage value. However, if tens of thousand of vehicles are destroyed in a major flood or on a remote island or territory, the volume may quickly overwhelm the local salvage and recycling capabilities. DRC recovered thousands of destroyed vehicles on the Island of Guam in the aftermath of Super Typhoon Paka and successfully recovered and recycled or properly eliminated the potentially hazardous fluids, which, in these types of volumes, are no longer considered diminuous. DRC and its subcontractors thereafter crushed, baled and/or shred approximately 10,000 vehicles and shipped them, along with other metals and white goods, to China and South Korea for recycling in eight (8) chartered ships. D. Hazardous and Toxic Waste Hazardous and toxic waste (HTW) is a special operational aspect that must be accomplished with very precise, pre-established standards and regulations. Safety to the workers, Government employees and the citizens of the area is paramount. With this in mind, DRC works with its specialized subcontractors to establish and implement proper handling procedures for HTW, including household hazardous waste, which, after a disaster, may become concentrated and no longer considered diminimous. These procedures include the segregation and removal of HTW from the debris stream at the curbside, prior to the recovery of other debris and sorting and additional recovery of HTW within each TDSR site. Recovered HTW is removed to a proper disposal site or temporarily stored in the HTW disposal areas constructed within each TDSR site as required. HTW must be collected, handled and disposed of by specially trained HAZMA T technicians. In addition, DRC may utilize national or regional firms who are fully licensed and accredited to manage, handle and dispose of HTW. These firms may be utilized by DRC and/or DRC Environmental, Inc. for professional and immediate HTW recovery support, on an emergency basis. COMMENCEMENT OF PICK-UP - Debris pick-up will commence upon receipt of a task order and notice to proceed from the Government. Debris pick-up operations will 7 proceed in an orderly and manageable fashion on streets and roads cleared sufficiently for access as designated by the Government task order. EQUIPMENT AND CREW FIELD SUPERVISORS/CREW FOREMEN - Field supervisors will report to the senior field supervisor. All supervisors will be responsible to ensure work is conducted only in those areas designated by the government. Supervisors will not allow work to commence in additional areas until directed by government task order. Supervisors shall be responsible for the safety of all personnel and equipment. Supervisors will be responsible for collection of daily personnel and equipment time logs, and their distribution to the Company designated representative with a copy given to the government. Crew foremen will report to their designated supervisor. Foremen will be responsible to ensure work assignments received from their supervisor are completed to the requirements of the government task order. Foremen will be responsible for maintaining the daily personnel and equipment time logs. EQUIPMENT CREWS- Debris pick-up equipment will include but is not limited to the following: · Knucklebooms · Rubber tire front end loaders with grapple buckets · Rubber tire front end loaders with 4 in 1 bucket · Rubber tire backhoes with thumb · Haul trucks with attached grapple arms · Other specialized equipment. All equipment used will meet current safety standards. MAINTENANCE/FUEL VEHICLES AND PERSONNEL - Maintenance/fuel vehicles will be assigned and manned as needed to provide an adequate supply of fuel to maintain equipment operations. Maintenance/fuel vehicles will be assigned and manned as needed to provide all required field maintenance to ensure equipment operations. HAND CREWS - 1 - 2 laborers with sufficient hand tools will accompany each piece of heavy equipment where necessary. OPERA nONS - Debris segregation and sorting will be conducted at street/road level to the maximum amount practical and as instructed by Government task orders. All debris will be picked up and loaded into haul trucks in a safe and workman-like manner to ensure compliance with the Corporate Accident Prevention Plan as part of the Corporate Safety Plan. Safety will not be compromised. All crew foreman and field supervisors will be responsible to ensure a rapid and cost effective as possible operation. Hand crews, to ensure maximum loading and safe transport of material, will size all vegetative debris. All construction and demolition materials will be sized using heavy equipment to ensure maximum loading and safe transport of materials within EP A and DOT standards. Obvious hazardous materials will be dealt with in accordance with the Government task 8 order and the Corporate Environmental Protection Plan and in compliance with the Corporate Accident Prevention Plan as part of the Corporate Safety Plan. Traffic control personnel, with appropriate traffic control safety equipment, will be stationed at each approach point of the work area to maintain traffic control and prevent personal injury to ensure compliance with the Corporate Accident Prevention Plan as part of the Corporate Safety Plan. Additional traffic control personnel will be stationed throughout the area, as needed, to ensure safe operations. DEBRIS HAULING Debris hauling will consist of 3 distinct operations as follows: · Hauling of unreduced debris from origination point to staging area. · Hauling of reduced debris from staging area to final disposal site. · Hauling of unreduced debris from origination point to final disposal with no intermediate stops. Construction and demolition debris may require hauling directly to final disposal site from point of origination, if reduction of construction and demolition is prohibited by Local, State or Federal EP A standards. Otherwise, C&D Debris can be staged at TDSRS for speedy recovery than transferred to approved final disposal. All field supervisors will ensure that all hauling operations comply with Local, State and Federal DOT standards in effect at that time and ensure compliance with the Corporate Accident Prevention Plan as part of the Corporate Safety Plan. FIELD SUPERVISORS/CREW FOREMEN - Field supervisors will report to the senior field supervisor. All supervisors will be responsible to ensure work is conducted only in those areas designated by the government. Supervisors will not allow work to commence in additional areas until directed by government task order. Supervisors shall be responsible for the safety of all personnel and equipment. Supervisors will be responsible for collection of daily personnel and equipment time logs, and their distribution to the Company designated representative with a copy given to the government. Supervisors will be responsible for collecting loadlhaul tickets and daily loadlhaul logs from haul truck operators. The supervisor will complete forms. Crew foremen will report to their designated supervisor. Foremen will be responsible to ensure work assignments received from their supervisor are completed to the requirements of the government task order. Foremen will be responsible for maintaining the daily personnel and equipment time logs. EQUIPMENT CREWS - Debris hauling equipment will include, but is not limited to: · 16-20 cubic yard dump trucks · 21-30 cubic yard dump trucks · 30-50 cubic yard tractor trailers · 50-75 cubic yard tractor trailers · 75-100+ cubic yard tractor trailers · Roll-off dumpsters · Other specialized hauling equipment 9 Past experience has shown that the farther the haul distance, larger capacity trucks are more cost effective. Haul truck bed configurations - All haul truck beds shall be equipped with tailgates constructed of materials (i.e.- chain link fence, safety fence, etc.) that will safely contain debris, allow each haul truck to be loaded to it's capacity and also allow rapid dumping of debris from the bed. Any haul truck bed that has or will have vertical extensions installed, will comply with the following restrictions. Haul truck bed extensions shall comply with all applicable Local, State and Federal laws. Bed extensions, when installed, will be located and secured to the front-end, left side and right side of the bed. Bed extensions shall not extend beyond 24 inches above the manufacturers bed height. Bed extensions will be constructed of not less than 2" x 6" lumber placed flush against the manufacturer's bed and each subsequent piece of lumber to withstand loader impact. Lumber will be secured to the manufacturer's bed with angle or channel iron and bolts. Each side extension will be secured with metal brackets and bolts to the front-end extension. All supervisors will utilize the check sheet provided by The Company Safety Officer to ensure all safety equipment is maintained and operable on all debris hauling equipment to ensure compliance with the Corporate Accident Prevention Plan as part of the Corporate Safety Plan. MAINTENANCE/FUEL VEHICLES AND PERSONNEL - Maintenance/fuel vehicles will be assigned and manned as needed to provide an adequate supply of fuel to maintain equipment operations. Maintenance/fuel vehicles will be assigned and manned as needed to provide all required field maintenance to ensure equipment operations. OPERA nONS - All field supervisors shall ensure that all debris-hauling operators are licensed and/or certified to operate required equipment. All debris-hauling operators will be given area maps designating assignment/authorized areas of operations as well as transport routes designated and/or approved by the Government. All debris haul operators shall visibly display colored signs provided by the Company and, if applicable, the government. The Company signs are magnetic signs to be placed on the driver and passenger doors of the vehicle cab. Any signs provided by the government will be displayed on both sides of the fOlWard most section of the vehicle bed, unless othelWise directed by the government task order. All signs will be removed from the exterior of the vehicle, at close of business each day and secured by the driver to prevent theft or loss. Signs will be replaced on the vehicle at the beginning of the workday. Colored paper signs/passes will be displayed in the driver's side windshield of each vehicle. The color of the sign/pass is subject to change, without notice, to ensure quality control measures regarding authority to enter work sites. Each sign/pass will contain the following information: · Company Logo; · Contract Location, · Government Name, 10 · Contract Number, . Truck Number, . Date of Issue, · Supervisor Name/Signature. All debris haul operators shall maintain the numbered debris hauling/transportation documentation/verification form DRC-DM-12. Each form contains directions, which should be followed. All supervisors will be responsible to ensure that all employees utilizing and/or inputting information on the form are procedurally trained. It will be each supervisor's responsibility to maintain a supply of the required number of forms. Forms will be distributed by supervisors/foremen to debris haul operators during debris pick-up operations after completing Section I of form DRC-DM-12. All debris haul operators will maintain daily ticketlhaul records to be turned into field supervisors, with copies ofload tickets at close of business each day. TEMPORARY DEBRIS STAGING AND REDUCTION SITE MANAGEMENT DRC normally opens and manages an appropriate number of TDSR sites strategically located throughout the disaster area to accept and process all categories of debris. Primary site preparation may include, but is not necessarily limited to, construction and maintenance of primary roads for ingress or egress, and any roads required within the site, environmental requirements, inspection and observation towers, wind-blown debris control fencing, silt fencing and storm-water retention and diversion berms. To facilitate the documentation and quality control system utilized by DRC, a sturdy roofed inspection tower sufficient for a minimum of three (3) inspectors is normally constructed and/or delivered during this early phase of site preparations. DRC often, as required, constructs an area for office trailers and parking for administrative personnel, inspectors and visitors for the contracting agency, DRC and its subcontractors. Temporary lighting may be installed, if required, as well as guard booths and temporary equipment storage and maintenance facilities. TDSRS Operations - Debris Processing Steps Segregation of Debris into Five Classifications: · Vegetative Debris · Construction and Demolition(C&D) Debris · Recyclable Debris · White Goods · Hazardous MaterialslWaste 11 A temporary hazardous waste (HTW) disposal and storage area shall be constructed at each TDSR site (as appropriate) to store HTW inadvertently delivered to the TDSR site. This hazardous and toxic waste storage area shall consist of a bermed and sealed area to preclude water and/or fluid intrusion or exit. The site shall be lined with an impermeable ground cover, fenced and properly marked. It shall be set away from the other areas in a non-traffic area, clearly away from separating, reduction, delivery and public areas. Potentially hazardous debris shall be segregated within the hazardous waste storage area and all HTW debris shall be covered to reduce the likelihood of contamination. HTW shall be removed from the HTW storage area by specially trained HAZMAT technicians. The inspection of every load, in and out, is critical to the documentation of the overall process. The TDSR site inspection towers are the location of the load verification and documentation programs of all incoming and, later outgoing, debris. Once documented, all debris is processed in accordance with applicable local, state and federal rules, standards, and regulations. Processing may include, but is not limited to, reduction by tub grinding and/or chipping, incineration when approved, or other alternate methods of reduction such as compaction, baling, separation, recycling, crushing or shredding. Prior to reduction operations being undertaken, all debris is normally segregated between vegetative debris, construction and demolition debris (C&D), recyclable debris, white goods and hazardous and toxic wastes (HTW). Further detailed segregation of materials by classification (tires, batteries, metals, roofing materials, etc.) is often required. This segregation operation utilizes both manpower and specialized equipment. The equipment could include front-end loaders and trackhoes with buckets, grapples and/or Electro- magnets, mechanical screens, and/or knuckle boom loaders to segregate burnable from non-burnable debris. The manpower requirements are primarily supervisors, equipment operators, mechanics, flagmen, inspectors and general laborers, with the exception of the hazardous materials/operation, which requires specially trained and equipped technicians. An experienced TDSR site manager, in conjunction with reduction, sorting, hazardous materials, recycling and safety supervisors, manage, operate and supervise the day-to-day TDSR site operations. . All reduced debris, as well as non-reducible debris, is recycled, destroyed or disposed of at permitted (if required) recycling or disposal sites, as directed by the contracting authority. Segregated Vegetative Debris - Oklahoma City, Prior to Reduction 12 Selecting a TDSR site is usually the responsibility of the government entity responsible for debris management operations. However, DRC personnel have been involved in past disasters, as consultants to the government regarding establishing the criteria for selection, operational layout, closure and remediation of TDSR Sites. In addition, as a part of the annual training exercises between DRC and its pre-event clients, TDSR site locations are normally reviewed and approved for future disaster events. Site selection criteria includes ownership (privately owned vs. the preferred government owned site), size requirements based on quantity of debris projected, location within or in the proximity of the affected area, and the history of the site (such as historical or archaeological significance, environmental impact, security considerations and proximity to the general public). Operational layout and closure considerations are usually based upon the types and size of operations to be performed. The larger the operation, the larger the site requirement would be. The more voluminous the debris stream, the larger the site requirement the closer the public, the larger the site requirements. Additionally, if hazardous or toxic waste (HTW) is to be temporarily stored at the TDSRS, the operational layout of the site must include the safety and environmental protection and setback requirements to operate and maintain such a storage area. Grinding Operations at TDSRS in Oklahoma City, May 1999 Processing of debris is a critical element in a successful TDSR operation. The proper processing techniques applied to the appropriate debris type can streamline production and reduce overall cost. Tub grinding and/or chipping is believed to be the most environmentally friendly form of volume reduction for vegetative and select C&D debris and produces an average of 4: I or greater reduction in volume. The chips produced as a product of grinding and/or chipping can often be utilized as a recyclable product. Chips can be utilized as daily cover in a landfill operation, given away as a landscaping product to the general public, given away or after-marketed to an incineration facility as a fuel source, utilized as an agricultural supplement, and in numerous other uses. . .-. . -.',;~-:~ .....c..S . . ~';',~..,," ~. . ..... ..... j -:-.~.. . ~~~~M ,:..~~, .:f:: , ~'- . .~~- -..y~.~ . . ~_.,.. . -~. Refractory Lined Prefabricated Incinerator 13 Incineration is another cost effective reduction technique and can produce as much as a 95% reduction in overall burnable debris volume. Although the least environmentally friendly option, open air burning has been successfully utilized by DRC when directed by clients. The typical vegetative natural disaster debris, when open-air burned creates substantial smoke and air pollution. Air-Curtain incineration, however, by design, eliminates the majority of particulate and smoke pollution while increasing the bum rate volume. Air-Curtain Incineration can be accomplished through the construction of an underground bum pit, the construction of an above ground bum pit or by the utilization of a pre-fabricated portable incineration unit. Remediation is conducted during the closing of each TDSR site. The scope of remediation is determined during operation and closure, by terms of the land lease (if any), or government directive or task order. Remediation consists of final removal of all debris (including residual debris), removal and remediation of HTW, abatement of any safety and/or environmental concerns (to include environmental testing and/or monitoring, if required), the removal of temporary structures (including any inspection towers), grading and leveling, removal of roads and fencing, if appropriate, and potentially grassing or seeding of the site, if required, to documented pre-use condition. DEBRIS STAGING Debris staging sites will be located, acquired and designated by the Government. Construction of debris staging site elements will commence immediately upon receipt of a task order and notice to proceed from the Government. The Company will ensure that debris staging site construction will be accomplished as rapidly as possible, because of the criticality of staging sites to the debris removal process as a whole. FIELD SUPERVISORS/CREW FOREMEN - Field supervisors will report to the senior field supervisor. Debris staging site supervisors will be responsible for management of all operations of the debris staging site to include site safety, haul load inspection, segregation, traffic control, dumping, reduction, security and remediation. Supervisors shall be responsible for the safety of all personnel and equipment to ensure compliance with the Corporate Accident Prevention Plan as part of the Corporate Safety Plan. Supervisors will be responsible for collection of daily personnel and equipment time logs, and their distribution to the Company designated representative with a copy given to the government. Supervisors will be responsible for collecting loadlhaul tickets and daily loadlhaul logs from haul truck operators. Inspection tower personnel will complete the forms. Crew foremen will report to their designated supervisor. Foremen will be responsible to ensure work assignments received from their supervisor are completed to the requirements of the government task order. Foremen will be responsible for maintaining the daily personnel and equipment time logs. EQUIPMENT - Debris staging site equipment may include but is not limited to the following: · Excavators with thumb · Track type tractors with root rakes 14 · Track type tractors with push blade · Farm type tractor with box blade . Motor grader · Rubber tire loader . Tub grinder . Brush chipper · Air curtain burner All equipment will meet current safety standards. MAINTENANCE/FUEL VEHICLES AND PERSONNEL - Maintenance/fuel vehicles will be assigned and manned as needed to provide an adequate supply of fuel to maintain equipment operations. Maintenance/fuel vehicles will be assigned and manned as needed to provide all required field maintenance to ensure equipment operations. HAND CREWS - 1 - 2 laborers with sufficient hand tools will accompany each piece of heavy equipment. DEBRIS STAGING SITE KEY STEPS - The following information will be utilized to create a location specific site management plan and site safety plan to accompany this plan. SITE ACCESS - Separate points of ingress and egress should be established if possible. Temporary acceleration and deceleration lanes should be established adjacent to the primary road leading to and from site access points, if approved by Government and appropriate authority having jurisdiction over primary road right-of-way. All temporary roads leading to and through the debris-staging site should be constructed and maintained for all weather use (i.e. - rock laid roads). INSPECTION TOWERS - Inspection towers shall be constructed to facilitate observation and quantification of debris hauled for storage at debris staging sites. No less than two inspections towers should be utilized at each debris-staging site. One tower at point of ingress for use by company inspector and Government inspector, one tower at point of egress to ensure all debris hauling trucks are in fact empty upon leaving the site, one tower may be utilized if ingress and egress point is the same. The egress tower should be manned by at least a representative of The Company. An example blueprint, construction of, and design of a typical inspection tower for USACE operations is attached at the end of this plan. TRAFFIC CONTROLS - Traffic control personnel, with appropriate traffic control safety equipment, will be stationed at the ingress observation tower to maintain vehicular and pedestrian traffic control. Additional traffic control personnel will be stationed throughout the site, as needed, to enforce proper dumping and prevent personal injury to ensure compliance with the Corporate Accident Prevention Plan as part of the Corporate Safety Plan. 15 CLEARING AND GRADING - Clearing and grading of debris staging sites will be accomplished, to the level required, in accordance with the site management plan and task order from the Government. ENVIRONMENTAL PROTECTION - The Company's "Environmental Protection Plan", which incorporates such issues as erosion control, hazardous and toxic wastes, dust and smoke control (Clean Water Act, Storm Water Act, Resource Conservation and Recovery Act, Superfund Amendments and Reauthorization Act and others), is incorporated in full by attachment at the end of this plan. Environmentally sensitive areas (i.e. - wetlands, habitat, historical sites, etc.) within, or in proximity to, a debris staging site, will be avoided, designated as sensitive, protected, and access restricted to the extent possible, from adverse impact. Activity within environmentally sensitive areas will be prohibited. All requirements of pertinent environmental standards will be complied with. DEBRIS STORAGE AREAS - Debris will be segregated into 5 main areas of concern as follows unless otherwise instructed by the Government. · Vegetative debris - Vegetative debris will be cleaned of C&D debris to the extent possible to facilitate compliance with requirements for reduction of vegetative debris. · Construction and Demolition (C&D) Debris - C&D debris will be dampened prior to dumping and periodically as needed, to comply with Local, State and Federal EP A standards. · Recyclable/salvage - Recyclable/salvageable materials will be stock piled in accordance with Government task order. · White goods - White goods will be stock piled in accordance with Government task order. · Hazardous and/or toxic wastes (HTW) - HTW will be segregated and stored in a Government approved containment area. All site personnel will receive a safety briefing regarding operations involving HTW to prevent personal injury and ensure compliance with the Corporate Accident Prevention Plan as part of the Corporate Safety Plan. HTW containment site perimeter will be posted and secured for personnel safety. An example template for Construction & Design of HTW containment site is attached at the end of this plan. SAFETY PRECAUTIONS Water Trucks - The required number of water trucks will be stationed at each debris- staging site. Water trucks will be utilized to reduce the threat of friable materials from C&D debris being released into the atmosphere. Water trucks will be utilized to reduce the threat of fire from all types of debris. If necessary, water trucks will be utilized in fire suppression operations. Water trucks will be utilized to dampen areas, including temporary roadways, to suppress dust from trucks entering and leaving the debris-staging site. 16 Fire Extinguishers - Fire extinguishers will be located throughout each debris-staging site as required by the site management plan, site safety plan, OSHA requirements and government task order. All debris staging site personnel will be trained in incipient fire suppression operations and safety procedures, to include operation of fire extinguishers and water trucks and to ensure compliance with the Corporate Accident Prevention Plan as part of the Corporate Safety Plan. DEBRIS SEGREGATION This section discusses the guidelines for debris segregation not already discussed previously in this plan. Street/road level segregation. All foremen will direct debris removal personnel to segregate debris into five areas: 1) vegetative debris; 2) C&D debris; 3) recyclable/salvageable materials; 4) white goods; 5) HTW. Segregation of debris at the street/road level will not take precedence over completing street/road debris removal operations in a safe and rapid manner. All personnel conducting debris segregation at the street/road level will receive a safety briefing on potential hazards and injury prevention to ensure compliance with the Corporate Accident Prevention Plan as part of the Corporate Safety Plan. DEBRIS SEGREGATION AT STAGING SITES - Staging site supervisors will ensure that all debris haul operators deposit debris in areas designated for the type debris hauled. Debris hauled to staging sites in mixed loads will be segregated by heavy equipment when possible and by hand crew when necessary. Vegetative debris will be placed into two separate piles. The first pile (pile one) will be the dumping point until a sufficient quantity has been accumulated to commence a continuous reduction operation. Pile two will be started and accumulated until the reduction of the pile one has been completed. At which time, dumping of vegetative debris on pile two will cease and pile one will be replenished. This rotation will continue until the task is completed. All personnel involved in vegetative debris segregation operations will receive a safety briefing for all effected job to ensure compliance with the Corporate Accident Prevention Plan as part of the Corporate Safety Plan. C&D debris will be placed into one or more piles, as required, to reduce the threat of a fire conflagration until it is reduced or disposed. The Company will consult with the government, local fire officials and pertinent environmental officials regarding the requirements for stock piling of C&D debris. White goods will be segregated, as required by the government task order. White goods will be placed and stored until instructed by the government as to its final disposition. Salvageable/recyclable materials will be segregated, as required by the government task order. Salvageable/recyclable materials will be placed and stored until instructed by the government as to its final disposition. HTW will be segregated and stored in a Government approved containment area. All site personnel will receive a safety briefing regarding operations involving HTW. The HTW containment site perimeter will be posted and secured for personnel safety and to ensure compliance with the Corporate Accident Prevention Plan as part of the Corporate Safety Plan as well as the Corporate Environmental Protection Plan (EPP). HTW will be placed and stored until instructed by the government as to its final disposition. 17 DEBRIS REDUCTION This section discusses guidelines to be followed during debris reduction operations not already addressed in this plan. If required by a government task order or notice-to- proceed, night operations may be conducted. Night operations shall be limited to reduction of debris by burning. Night operations shall only be conducted upon a determination by the Company Safety Officer, and concurrence by the government, that such operations can be conducted in a safe manner. BURNING OPERATIONS Open Air Burning - Open air burning of disaster related debris is prohibited by and within numerous jurisdictions. Open air burning will be accomplished on vegetative debris and/or clean woody debris only when directed by government task order. Under no circumstance will open air burning be conducted on C&D debris that is known, considered or suspect, by the government and the Company, to contain environmentallhealth hazardous materials (i.e. asbestos, arsenic, etc.). All appropriate fire protection measures will be established and maintained in accordance with the site management plan, site safety plan and the government task order. All personnel involved in open air burning operations will receive safety training pertaining to this to ensure compliance with the Corporate Accident Prevention Plan as part of the Corporate Safety Plan. Open air burning will be conducted above ground level. No open air burning will be conducted within 1000 feet of a structure or within 100 feet of the debris pile. An area of not less than 100 feet surrounding each bum site will be cleared of all combustible materials and marked to delineate the area as restricted. Air Curtain Burning - Air curtain burning of debris is the preferred method of the Company. Air curtain burning will be accomplished on vegetative debris and clean woody debris only, unless otherwise directed by government task order. Under no circumstance will air curtain burning be conducted on C&D debris that is known, considered or suspect, by the government and the Company, to contain environmentallhealth hazardous materials. All appropriate fire protection measures will be established and maintained in accordance with the site management plan, site safety plan and the government task order. All personnel involved in air curtain burning operations will receive safety training pertaining to this to ensure compliance with the Corporate Accident Prevention Plan as part of the Corporate Safety Plan. Air curtain burning will be conducted below ground level in a below ground pit, and above ground when geographically necessary. If above ground burning is required it will be conducted in an approved container suitable for the operation. If a below ground pit is used the pit shall be at least 8 feet, and no more than 20 feet, in depth and will be no wider than 1.1 times the width of the air curtain nozzle, and no longer than 10-12 feet (15 feet maximum). No air curtain burning will be conducted within 1000 feet of a structure or within 100 feet of the debris pile. An area of not less than 100 feet surrounding each bum site will be cleared of all combustible materials and marked to delineate the area as restricted. All burning will be accomplished as set out in the US Army Corps of Engineers "DISASTER GUIDEBOOK" 18 Ash Disposal Area - At the end of each burning cycle, the ash residue from the burning operations shall be removed from the burning area and placed in a pre-identified Ash Disposal Area. The burning operations personnel will utilize this area to temporarily store the ash material prior to final disposal. The ash residue will be tested in accordance with the soil testing procedures located in the EPP to establish the need to install a ground-water protection barrier in the Ash Disposal Area. Should a liner be required, an impervious layer of clay and/or limestone should be utilized to protect the aquifer (ground water) from potential contamination. This liner should be replaced and reinstated should it be disturbed or removed by heavy equipment operations. Control of dust produced as a result of handling and/or the storage of ash residue will be accomplished in accordance with the appropriate requirements of the EPP. Once the ash residue has reached a quantity requiring disposal, samples of the ash will be taken and examined in accordance with the EPP, to establish the requirements for disposal (Class I Subtitle D Landfill vs. Class III Landfill vs. agricultural recycling techniques). GRINDING and/or CHIPPING OPERATIONS- Grinding and/or chipping operations will be accomplished on all vegetative debris, not reduced by burning operations. Grinding and/or chipping operation is the preferred method of reduction for vegetative debris to accomplish environmental resource conservation through recycle/salvage of wood chips. Although this operation is preferred for environmental purposes, it is, however, the most time consuming and costly reduction operation due to material handling and haul disposal costs after grinding and/or chipping operations have been accomplished. Grinding and/or chipping operations of C&D materials are prohibited by and within numerous jurisdictions. Grinding and/or chipping operations will be accomplished on the type of debris (vegetative and/or C&D) as directed by government task order. Grinding and/or chipping of vegetative debris will be accomplished on the piles of vegetative debris as set out below. Vegetative debris will be placed into two separate piles. The first pile (pile one) will be the dumping point until a sufficient quantity has been accumulated to commence a continuous reduction operation. Pile two will be started and accumulated until the reduction of the pile one has been completed. At which time, dumping of vegetative debris on pile two will cease and pile one will be replenished. This rotation will continue until the task is completed. All personnel involved in vegetative debris grinding and/or chipping operations will receive a safety briefing for all effected job functions. A track-type tractor with blade or a rubber tire loader will pick-up, and stockpile chips for temporary storage. Chips will be loaded out and hauled to a final disposal site as quickly as possible to reduce the threat of a fire conflagration. All appropriate fire protection measures will be established and maintained in accordance with the site management plan, site safety plan and the government task order. Water 19 trucks will be utilized to reduce the threat of fire from all types of debris. If necessary, water trucks will be utilized in fire suppression operations. Fire Extinguishers - Fire extinguishers will be located throughout each debris-staging site as required by the site management plan, site safety plan, OSHA requirements and government task order. All grinding and/or chipping operations personnel will be trained in incipient fire suppression operations and safety procedures, to include operation of fire extinguishers and water trucks to ensure compliance with the Corporate Accident Prevention Plan as part of the Corporate Safety Plan. MAINTENANCE/FUEL VEHICLES AND PERSONNEL - Maintenance/fuel vehicles will be assigned and manned as needed to provide an adequate supply of fuel to maintain equipment operations. Maintenance/fuel vehicles will be assigned and manned as needed to provide all required field maintenance to ensure equipment operations. DEBRIS DISPOSAL Debris disposal is the pre-planned, pre-approved operation of placing debris in its final resting-place. Debris disposal operations can be segmented into three distinct operations: · Haul to and tip at debris disposal site · Physical operation of debris disposal site · Augmentation of debris disposal site permanent staff and equipment DISPOSAL SITE (S) - A disposal site may be a dump and/or a landfill owned and operated by private or public sectors. Non-burnable debris will be disposed only at a dump and/or landfill designated to receive materials other than toxic hazardous waste. EQUIPMENT - Debris disposal hauling equipment will include, but not limited to: · 16-30 cubic yard dump trucks · 30-100 cubic yard tractor-trailers or other such haulers as the government may direct. Past experience has shown that the farther the haul distance, larger capacity trucks are more effective. All haul truck beds shall be equipped with tailgates constructed of materials that will safely contain debris, allow each haul truck to be loaded to it's capacity and also allow rapid dumping of debris from the bed. Any haul truck bed that has or will have vertical extensions installed, will comply with the following restrictions. · Disposal haul truck bed extensions shall comply with all applicable Local, State and Federal laws. · Bed extensions, when installed, will be located and secured to the front-end, left side and right side of the bed. 20 · Bed extensions shall not extend beyond 24 inches above the manufacturers bed height. · Bed extensions will be constructed of not less than 2"x6" lumber. All disposal trucks shall be pre-measured and accepted by the government before being utilized in debris removal operations. MAINTENANCE/FUEL VEHICLES AND PERSONNEL - Maintenance/fuel vehicles will be assigned and manned as needed to provide an adequate supply of fuel to maintain equipment operations. Maintenance/fuel vehicles will be assigned and manned as needed to provide all required field maintenance to ensure equipment operations. SAFETY - All supervisors and/or foremen will utilize the check sheet provided by the Company Safety Officer to ensure all safety equipment is maintained and operable on all debris disposal hauling equipment and to ensure compliance with the Corporate Accident Prevention Plan as part of the Corporate Safety Plan. OPERATIONS - All field supervisors shall ensure that all debris disposal-hauling operators are licensed and/or certified to operate required equipment. All debris disposal operators will be given area maps designating assignment/authorized areas of operations as well as transport routes designated and/or approved by the Government. All debris disposal haul operators shall visibly display colored signs provided by the Company and, if applicable, the Government. The Company signs are magnetic signs to be placed on the driver and passenger doors of the vehicle cab. Any signs provided by the government will be displayed on both sides of the forward most section of the vehicle bed, unless otherwise directed by the government task order. All signs will be removed from the exterior of the vehicle, at close of business each day and secured by the driver to prevent theft or loss. Signs will be replaced on the vehicle at the beginning of the workday. Colored paper signs/passes will be displayed in the driver's side windshield of each vehicle. The color of the sign/pass is subject to change, without notice, to ensure quality control measures regarding authority to exit work sites and enter disposal site(s). All debris disposal haul operators shall maintain the numbered debris hauling/transportation documentation/verification form DRC-DM-12. Each form contains directions, which should be followed. All supervisors will be responsible to ensure that all employees utilizing and/or inputting information on the form are procedurally trained. It will be each supervisor's responsibility to maintain a supply of the required number of forms. Forms will be distributed by supervisors/foremen to debris disposal haul operators during loading operations and after completing Section 1 of form DRC-DM-12. All debris disposal operators will maintain daily ticketlhaul records to be turned into field supervisors, with copies ofload tickets at close of business each day. 21 DEBRIS STAGING SITE RESTORATION Remediation of Debris Staging Sites is the process of returning the site to pre-use, and in some cases, pre-event condition. Debris Staging Site Restoration is performed in four primary phases. · Pre-use inspection and documentation · Operational Environmental Protection . Closure Procedures · Final inspection, release, and acceptance of Government and/or Landowner Each Debris Staging Site will require inspection prior to use, for the following: . Existing topography · Existing vegetation (grass, shrubs, trees) · On-site or near-site water sources · Existing structure and their current condition · Any other distinguishing characteristics such as hazardous and/or non-hazardous materials stored on site When required, a basic Environmental Impact Statement, in accordance with the company's Environmental Protection Plan shall be accomplished. Documentation - A narrative description shall be prepared for each site. Sketches and/or drawings (basic) shall be produced to illustrate the current condition of the site and its contents, as well as content location. Still photographs or video will be taken of each site, both ground level and aerial, to additionally illustrate the pre-use condition of the site and its contents. Environmental Sampling to include: · Random soil samples, surface and sub-surface, my be taken and sealed in containers for comparison with post-use samples taken at the time of site closure when possible contamination is evident. · Prior to sealing these samples, a small portion of each sample will be field tested to determine the presence of contaminants prior to use of the site. · On-site and off-site samples will be taken of any nearby water source. · Water source samples will be stored and tested using the criteria stated above. · Samples of both water and soil will be taken in accordance with the above standards after operations have ended (post use samples). · Post use samples and pre-use samples will be tested in the Corporate Laboratory and/or another Certified Laboratory to determine the presence of contaminants. Should contaminants be identified in the pre-use field test, a determination of whether or not a particular site or area of a site should be utilized will need to be made by DRC Senior Management and the client representative. Should contaminants be identified in post use test results that were not present in pre-use test results, remediation of the site or 22 area of the site will be accomplished in accordance with Federal, State and local regulations as well as current industry standards. OPERATIONAL ENVIRONMENTAL PROTECTION - All work performed at and/or in relation to a debris-staging site will be performed in a skilled and workman-like manner. All debris staging site operations shall be conducted in accordance with the Company's Environmental Protection Plan and to ensure compliance with the Corporate Accident Prevention Plan as part of the Corporate Safety Plan. CLOSURE PROCEDURES - Pre-use inspection and documentation information shall be utilized as a guide to restore each site to pre-use condition. REMOVAL OF DEBRIS - Debris residue, not taken to the appropriate disposal site during debris disposal operations, shall be collected, recorded and hauled to the appropriate disposal site. DRC or a licensed hazardous waste remediation company shall be retained to accomplish the removal of all hazardous and/or toxic waste from each site, if not already accomplished under separate agreement by the Government. REMOVAL OF TEMPORARY STRUCTURES - All temporary structures such as fencing, inspection towers, temporary offices, sanitary facilities, etc., shall be removed from each site. LANDSCAPE OPERATIONS - Each site shall be graded, as required to return the topography to pre-use elevations, unless otherwise directed by Government task order. Each site will be restored to pre-use condition by seeding, fertilizing and laying of straw as well as replacement of agreed-upon shrubs and/or trees. CLOSURE DOCUMENTATION - The procedures described in Section F3 of this plan shall be followed for closure documentation. FINAL INSPECTION, RELEASED AND ACCEPTANCE OF GOVERNMENT AND/OR LANDOWNER - DRC' Senior Management, the Supervisor responsible for a particular site, the Governments Representative and if applicable, the landowner shall constitute an inspection team. The Company Supervisor responsible for the applicable site shall have, for examination by all Inspection Team members, the documentation package to include pre-use and closure inspection documentation as well as all chronological documentation created during the operational period. After all inspection team members accept the post-closure condition of each site, a release and hold-harmless for the Company shall be signed by the Government and/or landowner, releasing DRC of any further responsibility and liability. 23 FEMA REQUIREMENTS AND PROCEDURES FEMA REIMBURSEMENT FILING - Storm debris management by DRC is subject to inspection by the governmental contracting entity and/or any Public Authority in accordance with generally accepted standards, to insure compliance with the contract and applicable local, state and Federal laws. DRC will, at all times, provide the government access to all work sites and disposal areas and will cooperate completely with Government Inspectors. In addition, authorized representatives and agents of any participating Federal or state agency are encouraged to inspect all work and materials. DRC and the government shall have in place at the TDSRS, personnel to verify the contents and cubic yards of all vehicles entering the TDSRS. Records are maintained of each load entering the TDSRS, its cubic yardage is verified, and each vehicle leaving the TDSRS is typically viewed to verify it was in fact empty. DRC and the government monitor the material to determine that it in fact consists of eligible storm debris. DRC and the government normally have in place at the pick up site, personnel to verify the contents, location, date and time of the vehicles departing for the TDSRS and to issue the load ticket for that load which is to ensure the eligibility of the debris. Prior to use, DRC recommends that the government, including FEMA, if possible, establish and record the certified cubic yard capacity and perform a safety inspection of each haul vehicle. DRC recommends that all measurements be conducted by government personnel or independent third parties, and not DRC or the subcontractor. DRC has in the past provided disposal tickets, field inspection reports, and other data and/or forms sufficient to provide substantiation for Federal (FEMA, etc.) and State reimbursement to its government clients. DRC personnel and subcontractors have worked closely with various State Emergency Management Agencies, the Federal Emergency Management Agency and other applicable State, local and Federal Agencies to insure that eligible debris collection and the data documenting is sufficient and appropriately addressed. DATA MANAGEMENT AND TRACKING - DRC ES tracks costs on a real time basis using a Daily Progress Report that is completed and submitted daily to the on-site project manager. Additional information can be added to meet any local unique needs for capturing the data. Hours and/or cubic yards are summarized at the bottom of the report and a daily cost is determined. This information is reconciled daily with the government. RECORDKEEPING & REPORTING - DRC ES shall submit daily progress and quality control reports to the governing entity for all activities. Each report would contain, at a minimum, the following information: 1) Letterhead with DRC name and contact information 2) Report Date 3) Location of completed work 4) Location of work for next day 5) Daily and cumulative hours for each piece of equipment and crew (Emergency Clearance) 6) List of roads that were cleared (Emergency Clearance) 7) Number of Crews (including number of trucks and loading equipment) 8) Daily and cumulative totals of debris removed, by category 24 9) Daily and cumulative totals of debris processed, to include methodes) of processing and disposallocation( s) 10) Daily estimate of hazardous waste debris segregated, and cumulative amount of hazardous waste placed in the designated holding area 11) Number of hazardous trees and hanging limbs removed. 12) Problems encountered or anticipated Typically, Daily Reports are co-signed by the governing entity's inspector to verify work performed. In addition, the governing entity receives an original copy of all load tickets and receives and verifies for co-signature, a Daily Reconciliation Sheet listing each load ticket, the truck number, crew number, street, truck volume, percent full, credited volume of debris removed and the total volume removed for the day. This Daily Reconciliation Sheet is typically verified by the governing entity and becomes the invoicing document for the Contract. PREPARING AND SUBMITTING FEDERAL/STATE PROJECT WORK SHEETS _ DRC ES can assist the Government entity in completing any and all forms necessary for reimbursements from state or federal agencies relating to eligible costs arising out of the disaster recovery effort. This may include, but is not limited to, the timely completion and submittal of reimbursement requests, preparation, and submittal of any and all necessary cost substantiations and preparing replies to any and all agency requests, inquiries or potential obligations, denials or de-obligations. KNOWLEDGE OF CFR 44 - Since iTs inception in 1989, DRC's senior management personnel have gained a vast knowledge of the basic policies and procedures of the Code of Federal Regulations (CFR 44) as it relates to Federal Emergency Management Agency's mission. These policies and procedures have been incorporated into DRC and DRC ES's various corporate Debris Management plans and guides to ensure compliance with the latest FEMA guidelines. FEMA TECHNICAL MANAGEMENT TRAINING - DRC and/or DRC ES have on staff, or available through its extensive Reservist/Consultant Personnel Database, qualified personnel who are available to assist any client with Exercises, Plans Formulation, or Training of Government personnel on eligibility issues, reimbursement procedures, documentation, etc. DRC will provide regular annual or more frequent training and feedback sessions to the government as a service at no additional cost to the County. Training sessions are scheduled and led by director of training Jennifer Peacock and will address planning and reimbursement issues as well as any other concerns of the County. Typically, training sessions also include DRC consultant and reservist personnel who are former FEMA personnel or who are intimately familiar with FEMA and other government regulations. DRC DATA CENTER - DRC maintains a fully-staffed, fully operational Data Center at its headquarters year round. The Data Center is staffed by experienced and professional personnel with extensive knowledge of recording, reporting, contract, and reimbursement requirements. The Data Center is equipped with state-of-the-art information technology and is prepared to meet and exceed the reporting requirements of the government. 25 I I i I , 5 .~ a-i~ DRC Emergency Services, LLC 740 Museum Drive. Mobile, Alabama 36608 1-888-721-4372 .1-251-343-3581 . FAX 1-251-343-5554 DRC Emergency Services, LLC Management and Personnel Key personnel of DRC Emergency Services, LLC (DRC ES) and the DRC family of affiliated and associated companies, subcontractors, contract reservists and associate personnel have been involved in hurricane emergency responses for many years, since as early as 1961. For the past 17 years, this team has responded to major natural or man- made disasters occurring within the continental United States and its territories, in theatres of U.S.-led troop operations, and in Central America. These personnel are trained, motivated and available for immediate deployment for emergency response. Many are CPR and Red Cross First Aid certified and equipped with utility vehicles, digital, handheld, multi-state, two-way radios, cellular communications, and handheld computers. Under normal circumstances each will have the experience and/or training to respond immediately to disasters and is typically provided with a DRC ES supervisor handbook including required reports and forms for successful disaster response and management thereof. Professional Recognition DRC ES and its affiliates are leaders in the field of disaster management and emergency recovery. Many DRC ES and affiliate employees, subcontractors, associates, and contract reservist personnel have specialized training for emergency management and/or have attended multiple industry seminars and conferences. DRC ES, its subcontractors, and/or personnel as described above are or have been members of many professional organizations including NEMA, APW A, SW ANA and the Society of American Military Engineers. DRC and/or its' affiliates, associates and/or subcontractors are licensed General Contractors in several states, including Florida. DRC ES is familiar with FEMA and FHW A rules and regulations, the Stafford Act, and 44CFR as they pertain to emergency response, recovery and reimbursement. DRC ES also enjoys a very close working relationship with James Lee Witt and Associates, LLC, Washington, D.C. Mr. Witt is the former Director of FEMA for eight years; the Senior Vice President of Witt and Associates was Chief of Close Out for multiple major disasters. Commitment to Ethics: Prevention of Fraud, Waste and Abuse The senior management and key personnel of the DRC family of companies is committed to the highest standard of ethical conduce. DRC ES through its ethics program has a zero tolerance policy and aggressively investigates and attempts to rectify any suspected 1 instances of fraud, waste and/or abuse. DRC ES is led by a former F.B.I. special agent and is committed to criminal prosecution of culprits in fraud and to arranging for complete and immediate refunds of any ill-gotten gains. DRC ES will assign, as required, former FBI, DEA, and/or FEMA investigators and/or auditors to attempt to ensure against and reduce instances of fraud, waste and abuse. Our Project Managers, Supervisors, and Foremen are typically trained in fraud reduction and detection and report any suspected instances thereof to Project Managers, to assigned internal auditors and/or to counsel. DRC ES has also established a very detailed ethics program with procedures to detect some of the obvious and easier ways that fraud occasionally occurs. For instance, typically, no DRC ES or subcontractor employees are allowed to participate in the measurement of trucks; this is entrusted to local government, state EMA and/or FEMA officials. DRC ES utilizes a detailed measurement documentation program to ensure the integrity of the haul and vehicle measurements and the safety and integrity of the vehicles and their drivers. DRC ES has a detailed and specific program of ticketing and reconciliation verification that, we believe, meets or exceeds the FEMA requirements and has instituted additional programs and procedures to ensure to protect to the greatest possible extent against fraud, waste, and/or abuse. DRC ES Senior Management Robert J. Isakson is Administrative Manager of DRC ES. Mr. Isakson was a founder and serves as Secretary/Treasurer and Managing Director of DRC, Inc., and the majority of its associate and affiliate companies which are actively engaged in building, marine, road and civil construction, disaster reconstruction, demolition, hazardous waste remediation and disposal, and landfill management services worldwide including recent contracts in war-tom Kuwait, Somalia, Kosovo, and Iraq, in addition to numerous contracts with hurricane, ice storm, typhoon and flood ravaged cities, counties, states and territories. He is also a Director of the Claridge Group, a licensed real estate brokerage firm, formed in 1986 and has been active in construction, development, landfill management, disaster reconstruction and restoration projects for the past twenty-five or more years. Previously, Mr. Isakson was a Special Agent with the Federal Bureau of Investigation of the United States for ten years, serving as a Supervisor in charge of "white-collar" crime and political corruption in the State of Louisiana. He was also one of the founders of AI-Ayoub Marr Bell Trading and Contracting, W.L.L., a construction and life support service company founded in Kuwait, and directed its international operations from its inception. Mr. Isakson has served on the Board of Directors and as the Managing Director of MANCO Recruiters International, a worldwide manpower recruitment firm registered and headquartered in Delhi, India and on the Board of Directors of New Gurkhas International, Kathmandu, Nepal. He has worked and traveled throughout over 100 countries and territories on six continents and is intimately familiar with international corporate and business development, [mance, landfill management, 2 recycling, hazardous waste remediation and removal, and civil construction. Mr. Isakson holds a RRA. in accounting from Lamar University in Beaumont, Texas. Thomas M. Marr, Sr., is Managing Member of DRC ES. Mr. Marr is one of the founders of DRC, Inc. and has directed overall operations and management since inception. He is former Assistant Attorney General for the State of Alabama, and was a Member of the State of Alabama Legislature and the State of Alabama Constitutional Committee. He also served as President and Chairman of the Board of Deposit National Bank of Mobile and Director of Compass Bank of Mobile. Mr. Marr holds a degree in civil engineering and is a practicing attorney licensed in the State of Alabama since 1957. Mark Stafford is Chief Operating Officer of DRC ES. Mr. Stafford has many years of experience in disaster and commercial and industrial waste management and has participated in recovery following ice storms and hurricanes throughout the Southeast. He has overseen and operated landfills, recycling operations, and transportation companies exceeding $200 million in annual revenues. He has managed teams of over 1100 staff serving business, industry, and municipalities. Previous to joining DRC, he was the President and Regional Director of Allied Waste for the State of Louisiana. He also worked in an executive capacity for Waste Management. He handles the day to day operations and marketing for DRC Emergency Services. Mr. Stafford earned a B. S. in business from the University of Louisiana Lafayette. Project Management and Business Development Paul F. Persons, Jr. is Vice President for Project Management and Business Development, on a consulting basis, for the DRC family of companies. Mr. Persons controls project estimating and bid proposals from DRC ES's Mobile, Alabama headquarters. Mr. Persons has served as a Senior Project Manager for a multi-million dollar beach restoration contract and a number of disaster management and debris removal contracts. He has also served as Safety Officer on a major mechanical infrastructure project in Latin America (Honduras) and has also worked overseas during the Kosovo Conflict as a project and account manager for DRC. Mr. Persons is currently Senior Construction Manager and Project Estimator for U.S. Coast Guard facilities ID/IQ Contract with DRC throughout the mid-Atlantic states of North Carolina, Virginia, Maryland, Delaware, New Jersey, and New York. In 2004, Mr. Persons served as Senior Project Manager for several multi-million dollar recovery projects in the aftermath of Hurricanes Charley, Frances, Jeanne, and Ivan, including the massive restoration of 15 miles of beachfront destroyed in Escambia County, Florida during Hurricane Ivan. As Director of Operations during the 2005 hurricane season, he was in charge of over $100 million in contracts. Mr. Persons holds a RS. in building science from the School of Architecture at Auburn University. Dr. Walter Maestri is Emergency Management Consultant. Dr. Maestri served for over a decade as Director of Emergency Management for Jefferson Parish, Louisiana, playing a key role in preparation and evacuation planning for Louisiana's largest suburban parish. His expertise and experience have been utilized by federal and state emergency planners 3 as well as nationwide news networks over the past ten years. Most recently, Dr. Maestri served the citizens of his parish and state with distinction during Hurricane Katrina and its aftermath, the nation's worst-ever natural disaster. He has authored over a dozen publications and presentations on emergency management, has ten different certifications from the Emergency Management Institute and the Federal Emergency Management Agency, and holds a bachelors degree from Spring Hill College in Mobile, as well as a doctorate from the University of Southern Mississippi. Daniel Craig is Federal Emergency Management Consultant. Mr. Craig most recently served as Director of the Recovery Division for the Federal Emergency Management Agency of the United States Department of Homeland Security. He was appointed by President Bush in 2003 as the Director of the Recovery Division and was responsible for overseeing the Federal government's recovery efforts on all Presidential declared events including the Space Shuttle Columbia crash, the wildfires of 2003, and the hurricanes of 2004. Prior to being the Director of the Recovery Division, he was the Regional Director for the New England area where he was responsible for all FEMA mitigation, preparedness, response and recovery, and training activities in the six New England states. He holds a bachelors degree from Purdue University. Tom B. Combs is Director of Governmental Affairs, Regional Manager for Texas and Oklahoma, and Emergency Housing Coordinator. Mr. Combs joined the DRC team on a consulting basis in 2002 and brings over 25 years in "hands-on" housing experience. Previously, he spent over 1 0 years in public office as City Councilman and Mayor Pro- tem for The City of Beaumont, Texas. In that capacity he served as liaison to the Beaumont Housing Authority and as President of the Innovative Housing Corporation. He also held the position of Homeless Programs and AIDS Housing Coordinator for the City of Houston. In this position he directly supervised, coordinated and monitored over 30 million in temporary, transitional, and permanent housing construction and operations contracts. Additionally, Mr. Combs served as District Director and Chief of Staff for two members of Congress where he personally directed all housing related activities and serves as liaison between the congressmen, the cities, and the Department of Housing and Urban Development. He has extensive experience in minority, women, and disadvantaged contractor outreach programs. Mr. Combs has also owned his own firm, Tom Combs & Associates, which specialized in local, state, and federal contract negotiations. He lives and is headquartered in Houston, Texas. Gearle Bacote is Mid-Atlantic Regional Manager. She is a native Washingtonian and has over 10 years in business development. She began her career in 1994, working for an international sports marketing company as an Executive Coordinator to the President. Ms. Bacote was responsible for the development and execution of a central command center for the 1996 Summer Olympics held in Atlanta, GA. In addition she provided protocol services for all national and international clientele during the games. She was then recruited in 1996 by Randstad (a sponsor to the 1996 Olympic Games), to establish and develop a branch office in Atlanta where she was responsible for the development, management and maintenance of a multi-million dollar account. In 1999 she joined 4 Robert Half International, a specialized direct placement firm in Washington, D.C. where she produced over 4 million dollars in revenue, and mentored several new hires. April R. Callaway is Contracts and Pre-event Manager. During the 2004 hurricane season, she assisted in managing the Pensacola and Perdido Key Beach sand remediation and restoration projects. Ms. Callaway has also managed the introduction, maintenance, extensions and renewals of all stand-by contracts for the States of Florida, Alabama, Mississippi, Louisiana, Texas, South Carolina, North Carolina, Georgia and Virginia, as well as maintaining customer/client relations. She has been in charge of developing, promoting, and marketing DRC through various functions and conferences throughout the United States. Ms. Callaway has been extensively involved in the research, development and response to proposals for the DRC family of companies. Previously, she was in charge of all commercial construction projects for Reynolds Contracting, a residential and commercial construction and remodeling firm. She also served as a consultant on import/export commodities in Naples, Italy. Ms. Callaway received her B.S. in Business Management from the University of Maryland University College of Europe in 2004. Christina M. Murphy is Regional Manager for Southwest Florida. Ms. Murphy joined DRC in 2006 and has extensive experience is sales and marketing. Previously, she served as an account executive for television and radio stations across Louisiana including the CBS affiliate in Baton Rouge and the UPN affiliate in New Orleans. She also worked in business development for LIFT Productions in New Orleans. B.A. in Drama and Communications, University of New Orleans. Caren Bash is Regional Manager for Southeast Florida. Ms. Bash joined DRC in 2006 with a wealth of marketing experience in some of the nation's most prominent firms. Prior to joining DRC, she worked as sales representative for Heinz and Keebler. Ms. Bash has also worked as a specialist for the Broward County (Florida) Finance Department and interned for the Florida Children's Campaign. B.A. in Communications, Florida State University. Paul L. Bryant is South Atlantic Regional Manager. Mr. Bryant previously worked as Resident Sales Representative for ChemCentral Corporation, located in Mobile, Alabama. He joined DRC in the aftermath of Hurricane Rita, as a Project Manager for the State of Louisiana Department of Transportation and Development contract, managing Jefferson Parish, Orleans Parish and Lafourche Parish. In the aftermath of Hurricane Wilma Mr. Bryant worked as a Project Manager in the State of Florida. Mr. Bryant graduated from the University of South Alabama with a B.S. in chemistry and a minor in English. Murray P. Farmer is Country Manager- Central America. He joined DRC in 1997. Mr. Farmer is responsible for closeout of all completed projects in Central America. Mr. Farmer was formerly involved in the development of equipment policies and procedures and overall equipment logistics. He was also responsible for equipment management 5 including inventory tracking. Additionally, Mr. Farmer is responsible for special research projects and new business research. He is fluent in Spanish and English. In 2004 Mr. Farmer managed the multi-million dollar clean up of Berkeley County, South Carolina in the aftermath of Tropical Storm Gaston, and the reconstruction of the Berkley County landfill. He attended Tulane University where he studied business. Shaun Hodge, Assistant Director of Government Affairs, Project Manager. Mr. Hodge previously served as a Sr. Congressional Aide to U.S. Congressman Nick Lampson. While serving with Congressman Nick Lampson, Shaun was appointed the Director of Military Affairs and served as Chairman of the Congressional Military Academy Nomination Board. Mr. Hodge was awarded a certificate of appreciation from the United States Department of State for Diplomatic Affairs while working on immigration issues in the Congressional office. Mr. Hodge has served as a policy advisor to several senior members of the Texas House of Representatives. Mr. Hodge has an extensive experience working with FEMA on pre-event planning and disaster response management. While working for U.S. Congressman Nick Lampson, Mr. Hodge worked closely with Texas elected officials in the coastal communities concerning beach erosion and storm water management. Prior to working for U.S. Congressman Nick Lampson, Mr. Hodge lived in the Panama Canal Zone. Mr. Hodge joined DRC in 2005, as a Project Manager in the aftermath of Hurricane Rita, working in the State of Texas. Mr. Hodge graduated in the top of his class from the University of Houston - Clear Lake (UHCL) in 2004, with a BS in Finance. Lee Wilson is Senior Project Manager, is one of the most trusted and respected managers at DRC. Mr. Wilson has forty years of extensive and invaluable experience in the civil construction industry. Mr. Wilson has for the last twenty years, acted extensively in the capacity as a project manager and estimator, building airports, interstates, state, city, county projects including water and sewer, storm drain, and large excavation projects. While with DRC, Mr. Wilson managed the Martin County, Florida project in 2004 which accounted for 1.1 million cubic yards of debris recovered and processed. Lee managed the demolition of 417 homes for the University of South Alabama, Mobile, Alabama. Within hours of the landfall of Hurricane Katrina he was on site in Louisiana leading the project in East Baton Rouge. Mr. Wilson has since and is currently working on the Louisiana DOTD project and is responsible for the management of the project for debris removal that encompasses thirteen parishes. He has personally overseen the management of this project that accounts for the recovery of 2.2 million cubic yards of debris. Mr. Wilson has international project management experience that extends as far as Nogliki, Russia where he served as Civil Engineering Consultant to Exxon Mobil in the building of an airport, a project valued at $58 million. He was the Construction Manager managing and overseeing the installation of water and sewer infrastructure for an entire county in Central America. Dan Crowley is Project Manager. Dan joined DRC in September of 2005 as a project supervisor for Tangipahoa Parish on the Louisiana DOTD project. The landfall of Hurricane Rita took Mr. Crowley to the City of Beaumont, Jefferson County, Texas 6 where he was the project manager and oversaw the removal and recovery of 900,000 cubic yards of debris. The 2005 storm season also took Mr. Crowley to Miami-Dade County following Hurricane. He was the Project Manager there and oversaw the recovery of 226,000 cubic yards of debris. Prior to joining DRC, Dan worked as a manager for over 5 years, where supervised 20 employees daily, customer relations, accounting, logistics and inventory. He graduated from Brother Martin High in New Orleans, Louisiana in 1998. He attended the University of New Orleans, New Orleans, Louisiana, where he studied business management. Lee Wilson, Jr. is Project Manager. While with DRC, Mr. Wilson has been instrumental is the success of many projects that include the City of Jacksonville and Jacksonville Beach, FL, Daytona, FL, and Charleston, SC. Within hours of the landfall of Hurricane Katrina he was onsite in Louisiana and began work on the East Baton Rouge Parish Project. Upon completion, Mr. Wilson has since and is currently working on the Louisiana DOTD project. He has been working extensively in Washington and St. Tammany Parishes while assigned to this project.Mr. Wilson also worked in commercial construction for eleven years where he was an estimator of large scale projects as well as supervisor of a large staff of skilled individuals. Mr. Wilson then went on to start his own residential homebuilding company which he directed for seven years before joining DRC in 2004. He attended the University of South Alabama and majored in Architecture. Chuck Prieur is Project Manager and Estimator. Mr. Prieur has worked extensively in East Baton Rouge, St. Tammany, St. Charles, and Plaquemines Parishes on the Hurricane Katrina Louisiana DOTD project. He started his own business in 1985, with the acquisition of a full service gas station. His business expanded to own and manage four stations. Mr. Prieur served as a liaison to Shell Oil on Dealer Related Issues as well as served as a consultant to Shell Oil for purposes of developing a new business model. He also owned and managed a full service financial services company for six years. He majored in accounting at the University of Louisiana-Lafayette. Jennifer Peacock is Business Development Manager. She joined DRC in 2004 and assists with the Business Development and client relations throughout the South. Jennifer represents DRC at conferences, post-project reviews, and other various functions in addition to promoting, researching, and developing various business opportunities for the company. After Hurricane Katrina, she worked in Louisiana as part of the initial entry team setting up logistics and coordinating human and material resources. Prior to Hurricane Wilma making landfall, she was deployed to Florida to assist with the development and securing of contracts. Before joining DRC, Ms. Peacock worked for seven years in the brokerage industry, directing Fixed Income/Capital Markets for four years, executing trades in various markets including US Agencies, Corporate, Mortgage- Backed Securities, and Short- Term Money Market Securities. She is a licensed stockbroker with the National Association of Securities Dealers (NASD) and registered with the Securities Exchange Commission (SEC). Ms. Peacock also worked for three years in the U.S. Equity Markets with a national brokerage firm and was a member of an international advisory group. She graduated from the University of Alabama at Birmingham with a B.S. in Finance. 7 Steven James, Program Director, is responsible for proposal and contract documentation. Mr. James has 10 years experience at Tulane University as an assistant dean and administrator, where he oversaw orientation, awards, and grants programs, and was responsible for the college's publications and marketing materials. Mr. James also oversaw public affairs, external and student relations, and wrote grant and development proposals for Tulane. He earned with an M.A. (1990) and an M.Phil. (1992) from Yale University and a B.A.(1989) from Louisiana State University, all in history. Operations Donald G. Bahouth is a Senior Contract Consultant. Mr. Bahouth has almost 10 years of experience in the disaster relief and reconstruction industry with DRC, Inc. Currently, Mr. Bahouth assists with contract negotiations and subcontractor relations. He provides a tremendous depth to the contract mobilization and subcontractor relations of a major disaster response for DRC. He received a Bachelor of Science degree in Marketing from the University of South Alabama. Cheryl L. Moses is Food Service Manager. Cheryl has worked as the Senior Dining Facility Supervisor for a 5,000 man food service operation for KBR, and food service manager for a hospital chain in the USA. Ms. Moses was a Food Service Manager at Walter Reed Army Hospital while with the US Army in Washington, DC. She is a graduate of the United States Health Services Academy, San Antonio, TX. and has specialize training in OSHA, and Dining Facility Management. She possesses over 16 years specialized training and experience in the Food Service Management arena. Carlos Lorenzy is Project Manager and Chief Mechanic. Mr. Lorenzy, a native of Puerto Rico, has performed Project Management services for DRC in many disasters over the past many years. He is responsible for operations, maintenance, and repairs of our equipment fleets. Mr. Lorenzy just completed a six (6) month construction and Super typhoon Pongsona Recovery on the Pacific Island of Guam and served as a Project Manager on the recovery of Hurricane Isabel in the State of Virginia and during the recent 2004 storms in Florida. Mr. Lorenzy worked extensively throughout Florida as a Project and Site Manger in the aftermath of Hurricanes Charley, Frances, Jeanne, and Ivan. He is fluent in Spanish and English Carlos Lorenzy, Jr., Assistant Mechanic and Fixed Asset Manager (Reservist). Mr. Lorenzy worked throughout the State of Florida as a Project Manager in the aftermath of Hurricanes Frances, and Jeanne. Alonzo Hunt, Assistant Mechanic and Operator. Mr. Hunt performs day to day tasks in the Mobile, Alabama office. He also assisted throughout the states of Louisiana, Texas, and Florida in the aftermath of Hurricanes Katrina, Rita and Wilma. Accounting 8 Douglas B. Davis is Controller. Mr. Davis leads a team of internal and external accountants and bookkeepers and manages all of the internal accounting functions of DRC and its various affiliated companies. Mr. Davis joined the DRC group of companies in July of 1993 having spent the previous twelve years with a variety of companies in the controller position. He has been a Certified Public Accountant since 1979. His prior experience includes installing, upgrading, and managing computerized accounting and financial systems for companies in the industrial supply, chemical manufacturing and research, and insurance industries. Mr. Davis also spent three years in public accounting with the international C.P.A. firm currently known as Ernest & Young. He graduated Summa Cum Laude from the University of Alabama with a B.S. in accounting. J. W. Naylor, Jr. (Bill) is Assistant Controller. Mr. Naylor is a Certified Public Accountant with 25 years experience in public accounting including five years as a controller. His experience in public accounting includes accounting within a wide variety of businesses including engineering firms and not for profit businesses. He served as president of a client's company for 10 years while still maintaining a small public accounting practice in his own name. Bill was most recently employed by a large local CP A firm as Manager of Small Business Services and also performed audits of several clients of the local firm. Bill graduated from Auburn University in 1973 with a B.S. in Industrial Management and returned to Auburn to finish a second major in accounting in June of 1976. Jamie Lovitte is Accounting Assistant. Ms. Lovitte has held various accounting positions for the past 15 years. She is responsible for project accounting, ensuring the integrity of the field reports and expenses incurred on each of the projects assigned to her. Ms. Lovitte is a graduate of the University of South Alabama where she obtained a Bachelor of Science Degree in Finance. Ashlea Lester is Accounting Assistant. Ms. Lester has been with DRC since 2005. She assists Mr. Davis and Ms. Lovitte in project accounting, field reports, and expense reports. She also assists other departments as assigned or necessary. She previously worked for Farmers' Insurance in administration and sales. Phillipe Streeter is Accounting Assistant. Mr. Streeter assists with billing, invoicing, and project accounting. He holds a BA in Accounting from Tuskegee University. Administrative Clifford C. Sharpe is Legal Counsel. Mr. Sharpe represents DRC, Inc. and its affiliates in legal matters and issues. Mr. Sharpe also assists in the preparation of legal documentation and provides assistance in contract issues and review. He received his 9 Juris Doctor from The Cumberland School of Law in 1984 and his undergraduate Bachelor of Science degree from Spring Hill College in Mobile, Alabama. Gay Harrison, Executive Assistant to the Managing Member, joined DRC in 1995. Mrs. Harrison assists senior management in the daily administrative operations and functions of DRC and its affiliate companies. Linda Lucas, Project Manager and Executive Assistant to the Managing Director. Ms. Lucas assists the Managing Director in the daily administrative functions of DRC and its affiliate companies. She has extensive administrative and bookkeeping experience having performed such functions for over ten years. Ms. Lucas recently served as an Assistant Project Manager for several multi-million dollar storm recovery projects throughout the State of Florida, and also served as the Project Manager for a 14 million dollar hurricane recovery project for the City of Hollywood, Florida. In 2005, Linda returned to the City of Hollywood, as a project manager, leading the recovery efforts in the aftermath of Hurricane Wilma. Stephanie Buford, Paralegal and Executive Assistant to the Administrative Manager. She provides field support to the Project Managers throughout the world and is responsible for file maintenance, marketing and purchasing. Ms. Buford received an Associate in Science Degree from Faulkner University as a paralegal. Christine S. Marr, joined DRC at its inception in 1989. Mrs. Marr assists in all aspects of the functions ofDRC, its field offices, and affiliates throughout the world. Erica Hunt is Administrative Assistant. Ms. Hunt handles administrative affairs for the DRC Group's property, equipment, and licensing. 10 I I I I I I I ~ I I ! I ! 8 ( April 6, 2007 PENDING LITIGATION DRC EMERGENCY SERVICES. LLC. The following is a list of the litigation and arbitration claims involving DRC Emergency Services, LLC of which I, as General Counsel for many years, am aware of, as of this date: 1. Ybarzabal v. LADOT. DRC, et al: 2006 suit filed in the 22nd District Court of St. Tammany Parish, Louisiana (2006: 1 0183) against DRC Emergency Services, LLC and others. It is alleged that a third tier subcontractor negligently directed traffic causing an accident. Insurance of one or more of the subcontractors is defending and indemnifying DRCES. 2. DRC v Albert Isakson: DRC, Inc., and DRC Emergency Services, LLC, have jointly filed a Declaratory Judgment action against Albert Isakson in the Circuit Court of Mobile County, AL (CV-06-3039) but service has not been perfected; this action requests the Court to determine if any funds are due. It is the position of DRC that no funds are due Albert Isakson by any DRC entities and he was not knowingly employed by any of them during the period claimed. 3. Lewis Communications. Inc. v. DRC Emergency Services. LLC: 2006 suit in the Circuit Court of Mobile County, AL. (CV-06-3084). Advertising agency unilaterally terminated contract and has filed suit for $12,937.50 for work performed. Counterclaim filed. Case is in early stages of litigation. Both parties have filed summary judgment motions. (pendlit4/6/07new) 7 E'. - . ~ ~ ' . ., ~__ ..' _! J ~ , _" ..1:., .,'--'l!,. -~.."'--..:.~.ltb_~~< - DRC Emergency Services, LLC 740 Museum Drive. Mobile, Alabama 36608 1-888-721-4372 . 1-251-343-3581 . FAX 1-251-343-5554 Additional Services DRC offers comprehensive disaster and debris management services including the following services that are supplemental to those required by this solicitation. Proposals are provided for the following services: 1. Sand Beach Restoration 2. Waterfront/Bank Restoration 3. Marine Debris Removal 4. Sunken Vessel Recovery 5. Vehicle and Vessel Recovery (from Land) 6. Temporary Housing Services 1. Beach Restoration Past Performance On Sand Beach Restoration Projects: DRC provides complete beach restoration and recovery services. This work is handled differently than other aspects of debris removal in that the bulk of the material must be recovered, screened and returned to the beach. Generally, central locations are identified that are utilized to position the specialized equipment necessary to screen debris from the sand and segregate it for proper disposal. Specialized rakes and/or shaker screens may be used to screen the larger foreign debris objects and set them aside for direct hauling to the final disposal site. Escambia County, Florida, 2004 Clearing of approximately 15 miles of Pensacola, Florida waterfront destroyed by Hurricane Ivan. Removal and cleaning of beach sand, dune restoration and demolition. Debris removal and condemnation of beachfront structures as directed by the Government. Approximately $40,000,000. Client Contact: Bob McLaughlin,850-595-4935 North Topsail Beach, 2005 Hurricane Ophelia waterfront debris removal and sand beach restoration. Client Contact: Sue McLaughlin, 910-328-1349 Technical Approach To Sand Screening - Beach Recovery DRC has been awarded several contracts that included large sand screening and beach recovery scopes of work. This work is handled differently than other aspects of debris removal in that the bulk of the material must be recovered, reclaimed and returned to its original location in its original condition. Generally, central locations are identified that are utilized to position the specialized equipment necessary to screen the C&D debris from the sand and segregate it for proper disposal in either a C&D or a sub-Title D landfill. Prior to commencing sand screening operations, specialized rakes and/or shaker screens may be used to screen the larger foreign debris objects and set them aside for direct hauling to the final disposal site. Once this operation is concluded, off-road dump trucks are utilized to haul the "contaminated" debris to the centralized locations for screening. After the sand has been sifted/screened, the clean sand is returned to the beach, and the debris is properly disposed of. For documentation purposes, both the quantity of sand hauled to the centralized site, and the screened debris must be accounted for. In Escambia County, Florida, following the devastation from Hurricane Ivan, the recovered sand was not sufficient to rebuild the beaches to their original condition. DRC was thereafter tasked to dredge several hundred thousand additional cubic yards of compatible sand (color, size, and gradiation) and to utilize it and the original sand and rebuild the approximately 15 miles of beaches and berms. .' ~ ,~ .,.~ '~",,"- '.;.. _;,,:..'~i In addition to providing hurricane related debris clearing and removal assistance in the aftermath of Hurricane Ivan, DRC and its subcontractors restored approximately 15 miles of beach in Escambia County, Florida. ~. . . )0, Emergency Sand Recovery, Screening, and Berm Construction Proposal 1. Collection of debris-laden sand from R.O.W., hauling to the processing screen and sand pile maintenance. Up to 20-mile haul to screen. Debris from screen to be hauled by cubic yard debris rate in contract. 2. Collection of debris-laden sand from R.O.E., hauling to the processing screen and sand pile maintenance. Up to 20-mile haul to screen. Debris from screen to be hauled by cubic yard debris rate in contract. 3. BermlBeach Contruction - shall include transportation of screened sand to beach from screening site, including shaping of material on emergency berm. To include stockpile maintenance. Up to 20-mile haul from screen. 4. Scrape and Screen - shall include the collection of debris laden sand from beach, processing through screen, returning sand to beach, and spreading of sand on beach. Work to be performed on beach. 2. River and Canal Shoreline Restoration DRC Emergency Services, LLC will perform river and canal shoreline restoration to include any necessary excavation, compaction, fill, and backfill of embankment soils and materials to restore banks to preexisting conditions insofar as possible. 1. Excavation - DRC will perform any necessary excavations of shoreline to facilitate restoration including removal of storm-strewn minor obstructions and storm-related aggregations of soils, gravels, and other shoreline material to restore shoreline elevations. Prevent surface water from flowing into or accumulating in excavations. Stockpile excavated soils to use for fill or backfill. 2. Compaction - Compaction shall be accomplished by moistening, rolling, or tamping to obtain stable shoreline density. 3. Backfill and Fill - Place soil material in layers to required elevations and shoreline slopes. Bank slopes to match existing insofar as possible. 1. In excavations, use satisfactory excavated or borrow material. 2. Under grassed areas, use satisfactory excavated or borrow material. 3. Under walks and pavements, use sub base material and utilize shoulders to prevent lateral movement. 4. Under steps use sub base material. 5. Under building slabs, use drainage fill material. 6. Under piping or conduit, use sub base material and shape to fit bottom 90 degrees of cylinder. Remove vegetation, debris, and deleterious materials from ground surface prior to placement of fills. Plow, strip, or break-up sloped surfaces steeper that 1 vertical to 4 horizontal so that fill material will bond with existing surface. Before compaction, moisten or aerate each layer as necessary to provide optimum moisture content. Place fill and backfill only on surfaces of appropriate moisture content. Place backfill and fill materials evenly adjacent to structures. Grade areas disturbed by Contractor's operations. Remove excess, excavated, and waste materials, including trash and debris, and legally dispose of it at approved debris site. 3. River and Canal Debris Removal DRC has extensive experience and abilities in the removal of storm generated debris from marine environments including streams, canals, beaches, and waterfronts. DRC Marine Operations - Expertise Mr. Eli Zatezalo - Director of Operations, DRC Marine Services Prior to the forming ofDRC Marine services, Mr. Zatezalo was the Managing Partner of Blake Marine Group LLC, a marine based company specializing in salvage and brokerage as well as a partner in Gulf Coast Marine Recovery LLC. Mr. Zatezalo was residing in Biloxi, Mississippi when Hurricane Katrina made landfall. After surveying the extent of the damage he immediately went to work securing salvage, demolition and marine debris removal contracts. These included the opening/demolition of the Highway 90 Bascule Bridge in Bay St. Louis for the Mississippi Department of Transportation (MDOT), the marine based demolition and salvage contract for Harrah's Casino - Lake Charles and numerous salvage contracts for commercial vessels and barges. Mr. Zatezalo has been instrumental in the recovery of vessels in need of salvage due to past hurricanes. Before entering the salvage business, Mr. Zatezalo specialized in marine transportation of vessels via the load on /load off method utilizing ship based cranes. Previously he was a captain and engineer on vessels ranging in size from 72ft. to 211 ft. He is also a veteran ofthe US Army. Past Performance: Debris Removal From Marine Environments Gulf Breeze, Florida, 2004 Hurrcane Ivan Debris Removal, the DRC family of companies, with and through teaming partners Byrd Brothers, Inc. and Cahaba, completed waterway tree/debris removal as part of a contract totaling $805,000. Client Contact: Steve Milford, 850-934-4030 South Florida Water Management District, 2004-2005 Hurricane Debris Removal. Removal of storm generated debris from canals following Hurricanes Charley, Frances, and Jeanne. Client Contact: Frank Hayden 561-686-8800 United States Coast Guard, 2000-2006 IDIQ Delivery Contract for Hurricane Response. Cleanup and repair of Coast Guard structures, various locations. Client Contact: Audrey Overholt, 216-902-6217 Client Contact: Nancy Thomas, 216-902-6215 DRC Technical Approach For Marine Debris Removal Mobilization Plan: Mobilization of small barges, Marsh buggies, Airboats, and additional small watercraft to be accomplished through existing Marinas, public/private access points. Due to the shallow water depths, and tidal movement, we propose to utilize smaller watercraft that are configured to work in shallow draft environments. Mobilization will be accomplished with truck trailer combinations, tractor- trailer/lowboys, and placement of resources to distribute through the project area. Equipment to be deployed: 1. Marsh Buggy: A self propelled (tracked vehicle) that can also be fitted with various attachments such as an excavator with grapple for debris removal purposes, an A-frame unit for lifting and additional attachments as necessary. The Marsh Buggy is completely amphibious and can propel itself through the water and back to land, as well as transporting personnel and equipment. ~ L ~ -='""'""'"_ ,~. "':::0... ~r ~ 2. Extremely low draft flat bottom boats that can transport smaller debris, vegetative debris, and personnel in shallow water. 3. Airboats that allow transport of materials and personnel in areas of little to no water. These boats can be utilized to quickly maneuver in open areas of personnel movement, and can also "ferry" significant debris materials within the open front bow. 4. Pontoon Barges 20 feet long by 8 feet wide by 2.5 feet; empty draft about 9 inches; 160 square feet of deck space; handle approximately 10 ton deck load fairly concentrated more if distributed to sides or matted; average buoyancy 798 Ibs per inch of submersion; with about 10,000 Ibs on the deck draft would be about 20 inches, freeboard about 10 inches. p-mffiU ~ f-'~~ 5. f .....:., ::+~ Roll off Containers, 20 to 30 cubic yard containers. We anticipate utilization of barge mounted, and land based containers to accumulate debris associated with this contract. Containerization of the debris shall allow "sorting" of materials at the source, when applicable, and shall allow ease of movement for "bulk" debris when source sorting is not efficient. The containers will provide efficient and quick and handling of bulk materials from marine environment (Barge mounted) to land. Containers can be efficiently mobilized/de- mobilized and transported to additional "sorting" sites as necessary. The use of containers in the theater of operations is key to our approach, to efficiently sort and move the varied anticipated materials during the course of this project. , 6. '; Utilization of "Gorilla Net" type netting systems to clear canals of assorted smaller debris. Gorilla Netting is a trademarked net configuration that has been utilized very successfully in recent marine debris removal operations in the Gulf of Mexico and the State of Florida. While this is but one brand name, which we have contacted for net acquisition, there are other comparable net systems and our intent would be to utilize comparable systems to effectively clean canals and water ways associated with this project. 7. Hand Picking- Debris which is inaccessible by mechanized debris removal apparatus will be removed from marine environments by hand. 4. Sunken Vessel Removal Water Based SalvagelRemoval Operations of Vessels DRC and its associated and affiliated companies and key subcontractors, have extensive knowledge and experience in marine salvage and marine wreck removal. DRC and its key subcontractors have been awarded numerous salvage/wreck removal contracts based on their ability to quickly mobilize specialized salvage equipment into position and our innovative responses to highly challenging marine salvage/wreck removal jobs. DRC's key subcontractors have developed a number of specialized marine salvage and marine debris removal tools and devices specifically designed to enable them to handle any marine salvage situation that may arise. DRC's subcontractors have a proven track record of successful marine salvage and marine debris operations is a result of having the most knowledgeable and experienced crews in the industry. Due to past marine salvage and marine debris removal projects and our extensive marine background, DRC and its key subcontractors are highly qualified and will use their experience to implement a quick and efficient recovery plan. DRC and its associated and affiliated companies and subcontractors experience includes the salvage of inland barges, crew boats, utility boats, fishing vessels and pleasure craft. As no two salvage operations are the same, DRC and its associated and affiliated companies and key subcontractors will determine the best approach method for recovery or removal of vessels in a marine environment. Refloat 1. Determine best approach route to vessel (taking into consideration water depth, width of channel, marine traffic) 2. Secure salvage equipment and hazardous containment equipment alongside target vessel 3. Secure perimeter of vessel with oil containment boom 4. Secure target vessel with rigging and lifting gear 5. PumplLift as determined necessary 6. Once refloat inspect for any incoming water 7. Secure vessel to predetermined mooring site. Stage 1. Determine best approach route to vessel (taking into consideration water depth, width of channel, marine traffic) 2. Secure salvage equipment and hazardous containment equipment alongside target vessel 3. Secure perimeter of vessel with oil containment boom 4. Secure target vessel with rigging and lifting gear 5. Pump/Lift as determined necessary 6. Place vessel on deck barge and secure for transport to staging area 7. Transport vessel to staging area Debris 1. Determine best approach route to vessel (taking into consideration water depth, width of channel, marine traffic) 2. Secure salvage equipment and hazardous containment equipment alongside target vessel 3. Secure perimeter of vessel with oil containment boom 4. Secure target vessel with rigging and lifting gear 5. Pump/Lift as determined necessary 6. Place vessel in hopper barge for disposal Land Based Water SalvagelRemoval Operations Refloat 1. Determine best approach route to vessel (taking into consideration roadways, power/phone lines and traffic) 2. Secure salvage equipment and hazardous containment equipment alongside target vessel 3. Secure perimeter of vessel with oil containment boom 4. Secure target vessel with rigging and lifting gear 5. PumplLift as determined necessary 6. Once refloated inspect for any incoming water 7. Secure vessel to predetermined mooring site. Stage 1. Determine best approach route to vessel (taking into roadways, power/ phone lines and traffic) 2. Secure salvage equipment and hazardous containment equipment alongside target vessel 3. Secure perimeter of vessel with oil containment boom 4. Secure target vessel with rigging and lifting gear 5. Pump/Lift as determined necessary 6. Place vessel on deck barge or lowboy trailer and secure for transport to staging area 7. Transport vessel to staging area Debris I. Determine best approach route to vessel (taking into consideration roadways, power/phone lines and traffic) 2. Secure salvage equipment and hazardous containment equipment alongside target vessel 3. Secure perimeter of vessel with oil containment boom 4. Secure target vessel with rigging and lifting gear 5. PumplLift as determined necessary 6. Place vessel in hopper barge or dump trailer for disposal 5. Vehicle and Vessel Removal (from Land) DRC offers comprehensive services for the removal of storm-damaged vehicles and vessels from post-disaster environments including towing, staging, notification, remediation, and disposal. Experience in recovery of vehicles and vessels DRC ES and its affiliated and associate companies and subcontractors have a wealth of experience in the recovery, processing, recycling and/or removal of large qualities of metallic debris, including automobiles and vessels Representative contracts include: Project Title: Louisiana Department of Environmental Quality Client name, address and telephone number: LA DEQ Charles Brown, Asst. Secretary 225-219-LDEQ (5337) Performance period: 2006-present Approximate fee for services: $34,000,000 Brief description of proiect: An emergency vehicle and vessel removal and recycling contract for the State of Louisiana for the recovery of over 100,000 vehicles and vessels damaged by Hurricane Katrina and the concurrent flooding from levee breaches. Encompasses towing, hauling, operation of aggregation sites, tracking, and storing. Currently in progress. Towing and storage operations in New Orleans, Louisiana - June 2006 Project Title: Super Typhoon Paka Client name, address and telephone number: Government of Guam Jesus Salas, Director, Guam EP A (671)-475-1658 Performance period: 1998 - 2000 Approximate fee for services: $21,000,000 Brief description of proiect: An emergency debris removal and recycling contract for the Government of Guam in the South Pacific as a result of Super Typhoon Paka occurring on December 17, 1997. Recovery of in excess of 1,400,000 +/- cubic yards of C&D debris, 12,500 +/- destroyed automobiles and 300,000 +/- cubic yards of loose metallic debris, including approximately 80,000 pieces of white goods was performed. The C&D debris was processed and reduced while the metals and automobiles were shred, baled, and/or crushed (after removal of fluids, batteries, and tires) and removed from the island on eight (8) dedicated and contracted ships. Technical Plan for Vehicle and Vessel Recovery Vehicles 1. MOBILIZATION DRC will prepare and equip our sites for use upon initiation of contract work. Each site will be equipped with perimeter lighting at 300-foot intervals, six-foot fencing, gates, and paving, as well as portable office buildings, inspection towers and utilities. Each prepared aggregate site will have a level, clean, dry, and firm surface and be navigable and accessible by recovery and remediation vehicles and equipment. Each site will also be evaluated and prepared with regard to issues of ingress and egress, highway access, neighborhood concerns and soil conditions. During mobilization, DRC will supply and transport all necessary supplies, equipment, materials, and personnel to the aggregation sites, and build out the improvements to the site required for storage and remediation operations. DRC will obtain clearance from underground or overhead utilities and from property owners and state and parish entities for the aggregation locations. 2. OPERATION OF THE AGGREGATION SITES These sites shall be fenced, lighted, and secure according to applicable state regulations.. We are prepared to operate the sites to receive vehicles up to twenty-four hours a day and up to seven days a week as required by the County or State. Vehicles will be stored in a manner to permit inspection by State authorities as required, or for reclamation by owners. Weare prepared to provide our own 24-hour security if security is not otherwise provided for. Our sites are centrally located to the areas containing the greatest proportion of damaged and abandoned vehicles, the total approximate potential acreage of the sites will be sufficient to accommodate the projected number of vehicles to be stored over the life of the contract. A significant proportion of our sites require little preparation to be used for this purpose; they should be available within whatever period of time required for storage and remediation of vehicles. Following appropriate preparation, the remainder of the acreage will be available shortly thereafter. 3. TOWING Licensed towers shall be issued work orders from a central dispatch containing all pertinent data supplied by authorities within 48 hours of receiving. Recovery vehicle shall, within 24 hours, arrive at the site and immediately access the vehicle. Any environmental issues shall be mitigated, and any and all safety issues addressed. Should the operator find any major threats to health, safety or the environment, vehicle shall not be moved, and the County or State shall immediately be notified. Once all concerns are addressed, the vehicle shall be lifted, properly secured and transported to the assigned staging area using the safest and most direct route. 4. RECEIPT OF VEHICLES Each site will be equipped with a tower manned by both an independent monitor and one of our representatives in order to record the receipt of each vehicle and maintain accurate records. As the vehicle is accepted at the tower, it will be checked into the aggregation site using the vehicle Year, Make, Model, License Plate State and Number, Vehicle Identification Number, extent and type of damage, and its location on the lot by row number, column letter, and GPS location. We will also record any identifying information or number(s) contained in markings or stickers affixed to the vehicle by authorities for purposes of the recovery operation. If the vehicles have been tagged with a bar code, the tag will be scanned and printed. A computerized tracking of the vehicle is then prepared and the condition of the vehicle and the processes that it goes through, making ready, crushing, shredding, etc., are then tracked. This ticket also then becomes part of the pay documents for the recovery, preparation, and disposal. If necessary or required, we will typically mark the windshield of the vehicle with an identifying number for ease of future identification. Such numbers and tags then become unique and continuous identifiers to monitor the vehicle through each step. 5. STORAGE OF LIGHT, MEDIUM, AND HEAVY-DUTY VEHICLES Vehicles introduced into the aggregation site will be stored at the site for sixty days or more in our fenced, lighted, and secure environment. Vehicles will be staged, tagged, and marked for easy retrieval and inspection. Vehicles will be stored in locations identifiable by row and column number and letter and by GPS coordinates. Location identifiers will be keyed to the vehicle records in the site's tracking database. Vehicles will be stored in a manner to allow ample access for inspection by State or local authorities and/or to allow for retrieval and reclamation by vehicle owner when applicable and the contractor when the holding period has expired and the vehicle is being removed for final dismantling, recycling, and/or disposal. 6. VEHICLE TRACKING In conjunction to the tracking identification provided by the field issued ticket, DRC ES proposes using the Auction Inventory Management System (A.I.M.S.) to track the movement of each vehicle from the site of recovery to the moment of crushing. This computerized tracking system uses the ticket number, Vehicle Identification Number (VIN) and/or the owner's name to store and retrieve vehicle files. The owner's names shall be recovered by DRC ES from the computerized ownership records that we have available to us and/or that we shall retrieve as each vehicle is received at the temporary disposal sites. These files shall contain all pertinent identification and tracking information, as many as nine pictures of the vehicle, damages to the vehicle, work performed and the vehicle history, including ownership. DRC RS will use this system not only to show ownership, but to track removal location, towed-by information, receipt, and environmental actions, up to and including crushing - in short, "cradle-to-grave" tracking. This information shall be provided in its entirety to the client at the conclusion of the project for posterity and to become the audit document of record for any future FEMA audits of the work performed. The AIMS shall also be utilized to attempt to identify the owners for notification and return of any recovered personal items found in the vehicles. 7. DEMOBILIZATION Vehicles will be discharged to appropriate entities for disposal, recycling, or other appropriation as directed by the terms of the contract, after clearance through applicable protocols, and after documentation in the vehicle record, described above. Once all vehicles are removed, DRC will remove all equipment, supplies, and non- hazardous trash from the aggregation site. We will dispose of all trash and debris in a permitted landfill and repair and remediate any damage to the aggregation site caused by the storage and remediation operations and equipment as directed by the County. Vessels DRC has developed a Technical Approach to the Recovery and Storage of vessels that provides solutions for this portion of the contract that meet the needs of the county and satisfies all federal, state, local, licensing, and contractor regulations and requirements. 1. MOBILIZATION DRC will prepare and equip sites for use upon initiation of contract work. Each site will be equipped with perimeter lighting at 300-foot intervals, six-foot fencing, two gates, and a hard packed surface, as well as portable toilets, receiving areas, electrical, and telephone service, and any necessary storage equipment. The prepared aggregate sites will have a level, clean, dry, and firm surface and be navigable and accessible by recovery vehicles and equipment. The sites will also be evaluated and prepared with regard to issues of ingress and egress, highway access, neighborhood concerns and soil conditions. During mobilization, DRC will supply and transport all necessary supplies, equipment, materials, and personnel to the aggregation sites, and build out the improvements to the site required for storage operations. DRC will obtain clearance from underground or overhead utilities and from property owners and state and parish entities for the aggregation location. DRC and its associated companies and key subcontractors have recovery equipment and vehicles prepared to mobilize upon the first notification to recover vessels. 2. OPERATION OF THE AGGREGATION SITES These sites shall be fenced, lighted, and secured according to applicable state regulations, in particular as required by the solicitation. Weare prepared to operate each site to receive vessels at minimum from 7:00 am until 5:00 pm, Monday through Saturday, and up to twenty-four hours a day and up to seven days a week as required by the State, for access and inspection. Vessels will be stored in a manner to permit inspection by State or County authorities or for reclamation by owners. Our sites will be centrally located to the areas containing the greatest proportion of damaged and abandoned vessels. The total approximate potential acreage of the site will be sufficient to accommodate the projected number of vessels to be stored over the life of the contract for that area. Our sites will be available within whatever period of time required for storage of vessels.. 3. RECOVERY RECREATIONAL BOATS DRC and its associated companies and key subcontractors have recovery equipment and tow vehicles prepared to mobilize upon the first notification to recover vessels. Vessels that have been identified and cleared for recovery and towing from public lands by the appropriate state or local agency will be recovered within 72 hours of notification. Recovery will begin with identification of the vessel using GPS coordinates supplied by notifying agency. We will inspect the vessel and make a record of the vessel location, description, registration number, and the type and extent of damage. Prior to towing, we will mitigate any fluid leaks. Outboard motms shall be tilted to the utmost position. Batteries shall be disconnected; leaks shall be mitigated. Vessels will then be transported to the aggregation site safely and securely by our towing vehicles, trailers, and equipment. Typically, vessels measuring up to 15 feet will be loaded onto boat trailers and rollback trailers by hand or by winch. Vessels measuring between 15 and 25 feet will be loaded onto boat trailers and rollback trailers by winch. Vessels measuring between 25 and 35 feet will be winched onto boat trailers and rollback trailers. Boats measuring over 35 feet and boats too heavy for winch loading will be loaded by crane. When using cranes to lift vessels, recovery teams will use lifting straps, lifting wire, shackles and lead lines. Lifting wires will be attached to the crane. 2 lifting straps will be attached to the lifting wire using metal lifting shackles. Lifting straps will then be attached to a spreader bar. 2 lifting straps will be place under the hull of the vessel, one fore and one aft. A rope lead will be attached to both the stem and bow of the vessel to control vessel once in the air. Vessel will be placed on trailer, straps unhooked and vessel will be secured to the.trailer. Sailboats will have masts removed or laid over, as appropriate, before loading. Keel boats will be loaded by winching if appropriate or by crane if too heavy or too large and shall be transported on their side as found. Recoverable trailers will be towed when roadworthy and loaded onto trailers or rollbacks if not roadworthy. 4. RECEIPT OF VESSELS Each site will be equipped with a receiving area manned by both an independent monitor and one of our representatives in order to record the receipt of each vessel and maintain accurate records. As the vessel is accepted at the receiving area, it will be checked into the aggregation site with a record of the vessel recovery location, description, registration number, extent and type of damage, and its location on the lot by row number, column letter, and GPS location. We will also record any identifying information or number(s) contained in markings or stickers affixed to the vessel by State or County authorities for purposes of the recovery operation. If the vessels have been tagged with a bar code, the tag will be scanned and printed. A computerized tracking of the vessel is then prepared and the condition of the vessel and the processes that it goes through are then tracked. The receipt document then becomes part of the pay documentation. If necessary or required, we will typically mark the topside, bow, stem and/or deck of the vessel with an identifying number for ease of future identification. Such numbers and tags then become unique and continuous identifiers to monitor the vessel through each step. 5. STORAGE OF TRAILERS AND LIGHT, MEDIUM, AND HEAVY RECREATIONAL BOATS Vessels introduced into the aggregation site will be stored at the site in our fenced, lighted, and secure environment. Vessels will be staged, tagged, and marked for easy retrieval and inspection. Vessels will be stored in locations identifiable by row, column number, letter, and/or by GPS coordinates. Location identifiers will be keyed to the vessel records in the site's tracking database. Within the sites, vessels will be transported using a Taylor 50,000-pound marina-type forklift, low bed trailers and/or small boat trailers. Boats will be segregated by type and size and trailers will be segregated from boats. Vessels will be stored in a manner to allow ample access for inspection by State or local authorities and/or to allow for retrieval and reclamation by vessel owner when applicable and the contractor when the holding period has expired and the vessel is being removed for final dismantling, recycling, and/or disposal. . 6. Travel Trailer Installation and Maintenance DRC offers installation and maintenance of travel trailers and emergency housing units that are typically deployed by government agencies in the wake of disasters. Experience in Installation of Temporary Emergency Housing (FEMA Trailers) The DRC family of companies has also has significant experience in camp construction and life support functions, gained through working for various international agencies Project Title: Tom's Mountain, WV Temporary Housing Site Work and Development Client name, address and telephone number: U.S. Army Corps of Engineers Huntington District USACE - Contracting Division POC: Ms. JoAnna Black 502 8th Street Huntington, WV 25701-2070 Performance period: August 200 I-September 2001 Approximate fee for services: $2,599,024 Brief description of proiect: Emergency construction of temporary housing site. Project Title: St. Bernard Parish FEMA Trailer Installation Client name and telephone number: St. Bernard Parish Chris MerkI, Acting Director of Public Works (504)278-4317 Performance period: 2006-present Approximate fee for services: est. $2,000,000 Brief description of proiect: Emergency installation of FEMA trailers on private sites in St. Bernard Parish, Louisiana for habitation by residents displaced by Hurricane Katrina Technical Approach to FEMA Trailer Installation Basic Travel Trailer Set-up: 1. Delivery 2. Blocking and Leveling 3. Anchoring and Straps 4. Sewer Line Installation (above ground) 5. Water Line Installation (above ground) 6. Direct Wiring 7. Filling of Propane Tanks 8. Installation of Steps 9. Assembly of Accessories 10. Activation of Utility Systems 11. Appliance Testing 12. Clean-Up and Readiness As Needed Services · Buried Sewer Line · Install Sewer Tap · Buried Water Line · Municipal Water Tap · Power Pole with Meter · Water Line Winterization · Handicap Ramp · Direct Wiring to Well Pump Switch · Above Ground Electrical Excess · Obtain State and Local Permits · Provide Additional Potable Water Hose · Provide and Install Generator · Direct Burial of 50 Amp Service I I I f ! I i ! I ! ! I ! 8i RFP for CONTRACTOR Services, Disaster Response and Recovery Services c SCHEDULE 1 DEBRIS REMOVAL Description Collect & Haul Vegetative - ROW o miles - 15 miles 15.1 miles - 30 miles >30 miles Collect & Haul Non-Vegetative - ROW o miles - 15 miles 15.1 miles - 30 miles >30 miles Collect & Haul White Goods - ROW o miles - 15 miles 15.1 miles - 30 miles >30 miles Collect & Haul Hazardous Waste - ROW o miles - 15 miles 15.1 miles - 30 miles >30 miles Collect & Haul Seaweed- ROW o miles - 15 miles 15.1 miles - 30 miles Tree Stump Removal Less than 6" in diameter 6 and greater but less than 12" in diameter Greater than 12" but less than 24" Greater than 24" but less than 48" 48" and greater TDSR Site Debris Management Vegetative Non-Vegetative White Goods Haul-out of Reduced Debris to Final Disposal o miles - 30 miles 31 miles - 60 miles 61 miles- 100 miles 101 miles - 130 miles Greater than 130 miles Right of Entry Work Remove Vegetative Debris from private property Demolish and Remove Non-Vegetative Debris from private property Disposal of Animal Carcasses Beach Sand (Screening and Replacement) NOTE: Right of Entry (ROE) rates apply to clearing debris from private property and hauling to closest public Right of Way (ROW). Standard debris rates apply to further debris handling Unit Unit Price ".- '; : .. " . , CYD CYD CYD ,. 't:-- $ 9.89 $ 11. 43 .'t 1", .Qh ~. '. . - ." CYD CYD CYD $ 11.42 .'t 1? QL. $ 16.78 ;. _i;. ,-. ".>. .{" 't. ~;~~~;:\~.; ~~~~.~~- ~.~' ~:~_. CYD $ 75.00 CYD $ 85.00 CYD $117.00 > ,. ":-: - ~:_:'.:: -. ,~:':~::, ~?'_ - ',:,'r CYD $ 18.95 CYD '$ 19.98 CYD $ 21. 95 l,. ,;~;_~ :....~~.-.~:.:,;:. ,.~," CYD $ 13.86 CYD $ 16.24 : c' ~;~,7:~J-~.:_,,~~::';'.{'> q",;"",+-~.c.,~_;""r. Per Stump Veg. Debris Per Stump Ve2. Debris Per Stump Vez.. Debris Per Stump $550.00 Per Stump $790.00 ; .i--'~j'<;;l:~,~:'"i';':~:~\:' ;:j'K-t!ii:;3"'~i~ . .:r '.L.o,: r- ~-.o.:.. . -::!-J. ;;~"-;~iT.!:.:..i:J.p;. .?J\~~P CYD $ 5.46 CYD $ 5. 78 CYD $ 6 . 7 C; :_)l~~,:~;ifi;~ ,. '\~;~', _ ~1!:j'~;O:~::;~t.':'L~'\ CYD $ 4.85 CYD $ 5.86 CYD $ 6.94 CYD $ 7.88 CYD $ 9.46 -. .:'~~~~ ~~: .'~~~~ .~~~ '~~:~ ~:' :~ ~'~f ~- .. ... '..' ,'l, , " CYD $ 4.86 $ 5.24 CYD Per Unit $100.00 CYD $ 7.46 10 SCHEDULE 2 - UNIT RATE EQUIPMENT PRICE Equipment Type Hourly Equipment Rate Bobcat Loader $ 79.00 Bucket Truck w/Ooerator $198.00 Crash Truck w/lmoact Attenuator $ 75.00 Dozer. Tracked D5 or similar $160.00 Dozer Tracked D6 or similar $180.00 Dozer Tracked D7 or similar $240.00 Dozer Tracked D8 or similar $260.00 Dumo Truck. 18 CY-25 CY $ 90.00 Dumn Truck 25 CY-35 CY <l:1nn nn Dumo Truck 35 CY -45 CY $115.00 Dumo Truck 50 CY or laraer $170.00 Generator and Liahtina $ 40.00 Grader w/12' Blade $175.00 Hvdraulic Excavator 1.5 CY $170.00 Hvdraulic Excavator 2.5 CY $190.00 Knuckleboom Loader $180.00 EauiomentTransnort $110.00 Mobile Crane (Adeauate for hanaina limbs/leanina trees) $195.00 Pickun Truck .5 Ton $ 40.00 Truck Flatbed $ 50.00 Water Truck $105.00 Wheel Loader 2.5 CY. 950 or similar $190.00 Wheel Loader 3.5 - 4.0 CY 966 or similar $210.00 Wheel Loader 4.5 CY 980 or similar $245.00 Wheel Loader-Backhoe. 1.0 - 1.5 CY $ 75.00 Track Hoe John Deere 690 or similar $210.00 Stumo Grinder $135.00 30 ton or lamer Crane $175.00 Other SCHEDULE 3 - HOURLY EQUIPMENT AND LABOR PRICE I ::Ihnr r.::ItAnnrv I-fnllrlv I ::Ihnr R::ItA Ooerations Manaaer w/Cell Phone and Pickuo $ 68.00 Crew Foreman w/Cell Phone and Pickun $ 72.00 Tree Climber/Chainsaw $171.00 Laborer w/Chain Saw $ 44.00 Laborer w/small tools traffic control. flaa person $ 38.00 11 ~.. '-t... ~-=-'.> -~ . ./--..-.~' :: _. ,. ....:-..,,-- DRC Emergency Services, LLC Disaster Management Services 740 Museum Drive. Mobile, Alabama 36608 1-888-721-4372 . 1-251-343-3581. FAX 1-251-343-5554 02/06/07 Logistical and Recovery Operational Services Monroe County · Generators w/electricians per month(fuel not included) 20Kw Generator 56K w Generator lOOK w Generator 17 5K w Genarator 240Kw Generator 320Kw Generator 500Kw Generator 1000Kw Generator $2900.00 $4900.00 $6700.00 $8200.00 $10,350.00 $12,550.00 $17,400.00 $23,000.00 Licensed Electrician Support $97.50Ihour . Ice $ 1. 621lb . Water based debris Removal. Includes recovery, removal and disposal of debris $88.50/cubic yard Testing to be billed at cost plus 18% · Emergency fuel, satellite phones and emergency communications To be supplied at actual cost plus 22% extension: On-site Catering Unit 7 $ 50,400.00 $ 50,400.00 Mob/Demob $ 1,560.00 $ 4,410.00 2 $ 10,380.00 $ 10,380.00 Food Supply* $ 7,102.50 7 $ 49,717.50 $ 49,717.50 Box Lunches** $ 5,400.00 7 $ 37,800.00 $ 37,800.00 Snacks/Drinks $ 2,062.50 7 $ 14,437.50 $ 14,437.50 Ice $ 2,025.00 7 $ 14,175.00 $ 14,175.00 Mob/Demob (Ice) $ 2,250.00 $ 2,250.00 $ 450.00 7 $ 3,150.00 $ 5,400.00 Catering Tent 40'x60' $ 812.50 $ 812.50 $ 1,028.59 7 $ 7,200.13 $ 8,012.63 Prep Tent 30'x30' $ 250.00 $ 250.00 $ 385.73 7 $ 2,700.11 $ 2,950.11 Tables/Chairs $ 263.75 7 $ 1,846.25 $ 1,846.25 Lights $ 128.58 7 $ 900.06 $ 900.06 Fans (4) $ 500.00 $ 500.00 $ 300.00 7 $ 2,100.00 $ 2,600.00 Generators (2) $ 562.50 $ 562.50 $ 281.25 7 $ 1,968.75 $ 2,531.25 RN Sleep Quarters $ 525.00 2 $ 1,050.00 $ 525.00 7 $ 3,675.00 $ 4,725.00 Food Reefer $ 780.00 $ 450.00 2 $ 1,680.00 $ 450.00 7 $ 3,150.00 $ 4,830.00 Sub Total Catering: $ 210,705.30 Site Resources: C"'."mand Unit Travel $ 525.00 2 $ 1 ,050.00 $ 525.00 7 $ 3,675.00 $ 4,725.00 Trailer 4,000 watt Light $ 1,071.43 7 $ 7,500.01 $ 7,500.01 Towers (4) Portable Restrooms $ 1,125.00 $ 1,125.00 $ 2,250.00 7 $ 15,750.00 $ 16,875.00 (20) 16' Comfort Station $ 675.00 7 $ 4,725.00 $ 4,725.00 Hand Wash Stations $ 1,125.00 $ 1,125.00 $ 450.00 7 $ 3,150.00 $ 4,275.00 (4) 30yd Roll Ofts (2) $ 787.50 $ 450.00 2 $ 1,687.50 $ 334.83 7 $ 2,343.81 $ 4,031.31 Sub total Site Resources: $ 42,131.32 Sleep Tents 14,400 sq ft sleep tent w/HV AC, Flooring $ 32,500.00 1 $ 32,500.00 $ 21,857.14 14 $ 305,999.96 $ 338,499.96 &Lighting Linen Sets (300) $ 850.00 $ 850.00 $ 1,125.00 14 $ 15,750.00 $ 16,600.00 Sleep Cots $ 2,343.75 14 $ 32,812.50 $ 32,812.50 26 Head Shower Units $ 18,750.00 $ 7,500.00 2 $ 33,750.00 $ 4,500.00 14 $ 63,000.00 $ 96,750.00 6,000gal Potable $ 18,750.00 $ 7,500.00 2 $ 33,750.00 $ 3,000.00 14 $ 42,000.00 $ 75,750.00 Water Tanker Tractor & Driver $ 1,500.00 14 $ 21,000.00 $ 21,000.00 4,000gal gray water $ 1,062.50 14 $ 14,875.00 $ 14,875.00 holding bladder Pressure Set $ 1,062.50 14 $ 14,875.00 $ 14,875.00 Shower Attendant $ 900.00 14 $ 12,600.00 $ 12,600.00 pg. 1 of 2 Mob/Demob: Dally Rate: Exlen.lon: Gray Water Tanker $ 18,750.00 $ 7,500.00 2 $ 42,000.00 $ 75,750.00 Sub Total Sleep Tents: $ 699,512.46 Warehouse Tents 3,600 sq ft warehouse $ 2,250.00 $ 1,735.71 7 $ 12,149.97 $ 14,399.97 tent w/lighting Flooring for $ 1,075.00 $ 1,125.00 7 $ 7,875.00 $ 8,950.00 warehouse tent HVAC $ 2,718.75 $ 2,700.00 7 $ 18,900.00 $ 21,618.75 Sub Total Whse. Tents: $ 44,968.72 Medical Tent & Personnel 2,400 sq ft Medical $ 2,000.00 $ 1,157.14 7 $ 8,099.98 $ 10,099.98 Tent w/lighting Flooring $ 1,075.00 $ 750.00 7 $ 5,250.00 $ 6,325.00 HVAC $ 2,718.75 $ 1,800.00 7 $ 12,600.00 $ 15,318.75 24/7 Nurse/EMTP and Assistant (includes life $ 9,375.00 $ 8,100.00 7 $ 56,700.00 $ 66,075.00 support supplies & equipment) Sub Total Medical Tents: $ 97,818.73 Wet-Hose Fueling 24/7 Wet-Hose Fueling (Personnel & $ 2,125.00 $ 2,125.00 $ 7,200.00 7 $ 50,400.00 $ 54,650.00 Equipment)*** Sub Total Fueling: $ 54,650.00 On-Site Personnel Logistics Site Mgr. $ 1,687.50 7 $ 11,812.50 $ 11,812.50 Site Mgr Vehicle $ 135.00 7 $ 945.00 $ 945.00 Site Logistics Support $ 843.75 7 $ 5,906.25 $ 5,906.25 Log. Support Vehicle $ 135.00 7 $ 945.00 $ 945.00 Sub Total Personnel: $ 19,608.75 Total Estimate: $ 1,114,745.28 *Food Supply includes three meals per day option. ** Box Lunch line item is optional. Deduct $3.36 per person from the food supply cost if box lunches are utilized. ***Wet hose fuel costs do not include price of fuel. Pump head price per gallon, plus 19.5% will be added to billing. pg 2 of 2 9 SECTION FORM: RESPONSE FORMS RESPONSE FORM RESPOND TO: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS c/o PURCHASING DEPARTMENT GATO BUILDING, ROOM 1-213 1100 SIMONTON STREET KEY WEST, FLORIDA 33040 I acknowledge receipt of Addenda No.(s) 1, 2, and 3 I have included: o The Submission Response Form x o Lobbying and Conflict of Interest Clause-1L- o Non-Collusion Affidavit ~ o Drug Free Workplace Form ~ o Respondent's Insurance and Indemnification Statement x o Insurance Agent's Statement x In addition, I have included a current copy of the following professional and occupational licenses: Florida Business Authority, Florida DOT Qualification Certificate, Occupational Lie. (Check mark items above. as a reminder that they are included.) Mailing Address: 740 Museum Drive Telephone: 251-343-3581 Fax: 251-343-5554 Mobile, AL 36608 Witness: ~te: (Seal) April 9, 2007 Signed: ~~~ Mark Stafford (Name) Chief Operating Officer (Title) 33 LOBBYING AND CONFLICT OF INTEREST CLAUSE SWORN STATEMENT UNDER ORDINANCE NO. 010-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE " DRC Elnergency _Services, ILC (Company) warrants that he/it has not employed, retained or otherwise had act on his/its behalf any former County officer or employee in violation of Section 2 of Ordinance No. 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". Mw~~ (Signature) Date: April 9, 2007 STATE OF: COUNTY OF: Subscribed and swom to (or affirmed) before me on (date) by (name of affiant). He/She is personally known to me or has produced as identification. (type of identification) NOTARY PUBLIC My commission expires: 34 NON-COLLUSION AFFIDAVIT I, Mark Stafford of the city of Mobile, Alabama according to law on my oath, and under penalty of pe~ury, depose and say that: 1. I am Mark Stafford, Chief Operating Officer of the firm of DRC Emergency Services, liC the bidder making the Proposal for the project described in the Request for Qualifications for: Disaster Response and Recovery Services and that I executed the said proposal with full authority to do so: 2. the prices in this bid have been arrived at independently without collusion, consultation, communication or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any competitor; 3. unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to bid opening, directly or indirectly, to any other bidder or to any competitor; and 4. no attempt has been made or will be made b the bidder to induce any other person, partnership or corporation to submit, or not to submit, a bid for the purpose of restricting competition; 5. the statements contained in this affidavit are true and correct, and made with full knowledge that Monroe County relies upon the truth of the statements contained in this affid vit in awarding contracts for said project. ~ April 9, 2007 (Date) STATE OF: COUNTY OF: PERSONALLY APPEARED BEFORE ME, the undersigned authority, who, after first being sworn by me, (name of individual signing) affixed his/her signature in the space provided above on this day of 20_. NOTARY PUBLIC My Commission Expires: 35 DRUG-FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: DRe Emergency Services, LLC (Name of Business) 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement 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. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, or any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. ~~-- Respondent's Signature April 9, 2007 Date NOTARY PUBLIC My Commission Expires: 36 Respondent's Insurance and Indemnification Statement Insurance Reaulrement Reauired Limits Worker's Compensation Statutory Limits Employer's Liability $1000,000/$1 ,000,000/$1 ,000,000 General Liability $1,000,000 Combined Single Limit Vehicle Liability $1,000,000 Combined Single Limit per Occurrence/$1 ,000,000 Aggregate Professional Liability $1,000,000 per occurrence $2,000,000 aggregate IDEMNIFICA TION AND HOLD HARMLESS FOR CONTRACTORS AND SUBCONTRACTORS The CONTRACTOR covenants and agrees to indemnify, hold harmless and defend Monroe County, its commissioners, officers, employees, agents and servants 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 of any kind, including attorney's fees, court costs and expenses, 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 or omission of the CONTRACTOR, including its Subcontractor(s) in any tier, their officers, employees, servants or agents. In the event that the completion of the project (to include the work of others) is delayed or suspended as a result of the ArchitecUEngineer/CONTRACTOR's failure to purchase or maintain the required insurance, the ArchitecUEngineer/CONTRACTOR shall indemnify the County from any and all increased expenses resulting from such delay. Should any claims be asserted against the COUNTY by virtue of any deficiency or ambiguity in the plans and specifications provided by the CONTRACTOR, the CONTRACTOR agrees and warrants that CONTRACTOR shall hold the County harmless and shall indemnify it from all losses occurring thereby and shall further defend any claim or action on the County's behalf. The first ten dollars ($10.00) of remuneration paid to the CONTRACTOR is consideration 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. This indemnification shall survive the expiration or earlier termination of the Agreement. RESPONDENT'S STATEMENT I understand the insurance that will be mandatory if awarded the contract and will comply in full with all the requirements. Mark Stafford AA I ~ Chief Operating Officer IV~ ~ DRe Emergency Services, LLC _ Respondent Signature 37 04/09/2007 10:36 2519379591 BLACKMON INSURANCE J\.l~J:(-I.'l:I-<lUL"( lUlU\:) j,J~I.. ~1'1.I::,~""J:!.!'1"'.1 ~.c.l'i:Vlv~'::> ..".....""...'..........,.. PAGE 02/02 .I. .. vv...' '."."; INSURANCE AGENT'S $1 A TEME~I I have reviewed the above fe<:1uirements with the bIdder named below. The follolNing deductibles apply to the correspo"ding policy. POLICY OEDUCTISLl:S Workers Como XSWC070343 Empl~yers Liab. XSWC070343 general Liability XSGL072995 Vehicle Liability XSAL072793 na na na na Uability p~1icjes are ~x< Occurrence Claims Made BLACKMON TNSPRAN~E AG~N~Y -1nsuranCQ Agency JACK aLACE;tiON ~8 TOTAL ?003 10 ',' . -,. . .'",,:>:: Stll(e ...ofFlorida. Department 01 State ... . .. . I certify from- the records. of this office 'that .DRC EMERGENCY SERVICES, LLC isa limited liability company organizedrinder the laws of Alabama, authorized to transact business in the State of Florida, qualified on July 18,2095.. ; ',; . Thedocumerit. nUmber ... of this _ limited liability company is M05000Q03946. . . . . . I further certify that said limited liability company has paid all fees due this office through December 31, 2005, and its status is active. I further certify that said limited liability company has not filed a Certificate of Withdrawal. .I Given under my hand and the Great Sial of" Florida, at Tallahassee, the Capital, this the . Twentieth day of July, 2005 L ., ....~.[...~ Secret.ary of State Autbenticatiol,1 ID: 400057718744-0720OS-M05000003946. . . To authenticate this certificate,visit the folloWing site, enter this ID, and then follow the instructions displayed. www.sunbiz.org/auth.html ~~ ....,~ Florida DepartInent of Transportation CHARLIE CRIST GOVERNOR 605 Suwannee Street Tallahassee, FL 32399-0450 October 24, 2006 DRC Emergency Services, LLC 740 Museum Drive Mobile, AL 36608 Gentlemen: RE: CERTIFICATE OF QUALIFICATION STEPHANIE KOPELOUSOS INTERIM SECRETARY The Department of Transportation has qualified your company for EMERGENCY DEBRIS REMOVAL WORK. Unless your company is notified otherwise, this certification will expire June 30, 2007. Please take notice that to ensure continuity in your certification at least thirty (30) days prior to your expiration date, please submit your next application for qualification. ttr}h~ J~~ore, Manager Contracts Administrati JM:rs www.dot.state.fl.us CITY OF MOBILE APPUCA TlON FOR BUSINESS UCENSE AND I OR TAX ACCOUNT "AGE ONE OF TWO ~ . R C EMERGENCY SERVICES LLC (251) 343-3581 t ..w.e Of au8lNE8$. TRADE NAME. mu IUslNESS 00E8 BY , j740MUSEUM DR MOBILE AL 3E>608-0000 t . .ITMET L.OC4 TlON P'HY8ICAL LC>C:4l1ON OF au8IHESS) . ~ I"HONE aTY ST ZIP l . 1'.0. lOX (MAIUNG OA ~ ADOAE8S) 1 (:251)'343-5554 .. . t ... FAX NUY8EA INCl.lJOlNO MEA COOE aTY ST ZIP I I~ H~ IF AQCOUNT HAS ONE. I ~~: O~.I=~PARTO~. DOTMER LIMITED CORP t ...NmCl.ES OF ~TlONIAll&()QATlON MUST ~AHY APPUCA'OON aEFOAE UatNSE ISSUED (OWNEfQ) lNFOMU..llON USTED 8EI..OW) D R C EMERGENCY MUSEUM DR MOBILE AL 366080 ( OWNER -- UNO. ::. T "''''::'ca'''NO.:<=~1~~3~81 ~ NAME M PI:=ROOK D~ADDAESs J MOB~emAL.. .. ST~6~80 I -~FICER 1-9 418465487 . --r- . ~1) 343-3581 T1TlE s. S. NO. 0: O. .. --1-. DAlVERS l.JCENSE NO. "ITATE ~ -' HOME ~ ISAKSON, ROBERT J 3955 PINEBROOK DR S J MOBILE AL. I 366080 I N.WE HOUE ;-T~ STMFT ADDAE86 . HOME em ~ ST 1--- ~ OFFICER 1-9 465726541 07171947 --1-.6847177AL . ~51) 343-3581 T1TlE S. 5: NO. D. 0... . 0AMJItS UCEHSE NO." STATE _ . . HOME I"HOHE STAFFORD, THOMAS M WARBLER ST J . NEW ORLEANS LA I 701244 I NAME HOWE. ;-T( m&T4DOAEaS .HOMEaTY ~ ST L-.- ZIP OFFICER 1-9 12251956 r03909058LA .~S1) .343-3581 T1TlE $. s. NO. 0. O. 8. . . OMIEN UCENSI! NO. .. STATE HOME ~ .51 1~3-1283729 t fiBlmw. II) ~ . I 440786 I / J OS/25/2006 STATE TAX.~ DATI!' ADIoIrtTED TO ~CE RlJ8INE8s STAAT C14T1!' IN YOU..E INC ~t7p ~~fiAR.MeN~-lJ6 .: WHO ACnJN.J.y OWNS.THE ~i " HOME OFFICE FOR DEBRIS CLEAN UP C m SERVl CBS .... ~ {(\oh,'1 (.(!2,d rc l{St{, c(j I1t M1AT RU8lNhS IS AND Does. WHAT ~ 1:Ao - .$.:j . 8 n.;, r'!1 no, R.~JI"'A.I"C 'J/.,",nfl ~AQE ONE OF AI"f'\JCA 1'1Ot4 N~ 17669 DRC Inc. 740 Museum Dr. Mobile AI., 36608 Facsimi Ie Transmittal Sheet Da~: 4/27/07 To: Oave Parkerl Monroe Count), From: Chuck Prieur Cell: (251) 243-6447 Fax: (251) 343-5554 Nwnber of pages (including cover sheet): 1 Dave, in response to your fax of 4/27/07, pricing is as follows: Handling of White goods 0-15 miles J 5.1.30 miles > 30 miles $35.00 per cubic yard $45.00 per cubic yard $77.00 per cubic yard Preon Removal from White Goods ~d BLze-88Z-W9 $40.00 per unit p.l OjjelS >!Je VIJ dgp-zo LO LZ Jdv Con f i rma t ion Repo r t - Memo ry Send Date & Time: Apr-27-2007 12:23 Tel line : +3052954321 Machine ID : UONROE COUNTY ENGINERING Job number 753 Date & Time Apr-27 12:19 To 812513435554 Number of pages 001 Start time Apr-27 12: 19 End time Apr-27 12:23 Pages sent 001 Status OK Job nUllber 753 *** SEND SUCCESSFUL *** .~:~e.', (~. .:,-~ ,,~{/ l'VI:onroe County Engineerin.g Services .. 100 Stw:nODton Street Roow:n 2-216 Key '\.Vest. FX.. 33040 Tel 305-2.92-4426 Fax: 305-29.5-4321 FacsiD:1ile Transrnission To: rht:s~C Prle~ F-...:: ::::z... ~ I 3 '-(3 6 S 5'}/ T.I: ..2. 5l. .3 4 3 5S K / R..: r("""@ 0'7'L R.~ Vc./ Fro.... : D_-.NL D~er ~ r.....el......'ra. ~..."'___~ c..J f::L -, / c> "7 . P..-: D__: ce: ~.ent c::J Por R.c:vic:_ c:J Please Comrncuu ~la.".. R.aply R.emarks: c "-~ c..U . ~~~:;i~~:::~;t3 j~S~#<~-~ 7X.-. - -~ -:P-.vJL ~ ~4!L4!LU~1 LJ:18 L81J4J:2:2n DRe ES PAGE 01/02 ~ ., ~ DRC EMERGENCY SERVICES, LLC Disaster Management Services 740 MUseum Drive, Mobile, Alabama 36608 Ph; 251-343-3581/ Fax: 251-343-5554 Facsimile Transmittal Sheet Date: -i' 26 -01 Fax: , .206. 2.~5 - ~ To: Fm~~rM6 Tel: Fax: (251) 343-5554 or (251) 343-22'1 T e': (251) 343-3581 Number of pages (including cover sheet): 'Z Reference: ~~D-' ~ ~lA- ~~ OJJ.a'-1~ nO ~u..4 ~ ff~) iPJv ~.,,~ ~. = =- -- ~q/~q/~~~( ~~;1~ ~~l.Jq~LLLl UIoiC 1:.::0 t-'Alli:. ~L/!j:L ~ DRC Emergency Semces, LLC 740 Museum Drive - Mobile, AL 36608 Ph: (251) 343-3581 Fax: (251) 343-5554 MEMORANDUM TO: David Parker, Senior Administrator, Special Projects, Monroe County PRICING RE: Response to your request for Addition FROM: Chuck Prieur, Project ManagerlEs . DA TE: April 25, 2007 SchedaJe 1 Debris Removal 1) Provide price for collection and hauling of seaweed greater than 30 miles: $19.42/ CYD 2) Provide TDSR. site management charge for seaweed: $5.46/ CYD 56.75 Icy/) I. p(le~ pC.r cA ~ 3) Provide price for TDSR site management of household hazardous waste: 4) Provide per-unit price for Freon removal for white goods: Included in CoUeet and Haul 5) Clarify the large increase in price for collect and haul "white goods" compared to other debris types: The coUec:tiou and hauling of wlUte goods req1dres specific precaution. and procedures Dot necessary in the COlleCtiOD of vegetative debris. First, meehan.k:a.l loadiD& of white goods creates the risk of Freon release and is therefore not utilized. Loadiu& of white eoock by means other thm mec:Ja.a.aica) entails hiper labor costs. Second, during CoUeetioD, bauJiDc, and storage, wJait~ goods may aot be stacked, a:ain due to risk of FreoD release.. Third, CoUection locations for white good. t~nd to be: JDOre isolated th8D typical storm debris, Dec:essitatiDg l~.. haul di,ta.cet between collectioBs. Finally, our price for the collection and bauling ohrllite goods lDaludea tile cost of Freon removaL 6) Confirm that your price for TDSR site management of "white goods" includes all costs ocher than Freon Removal: Confirmed 7) Confirm that your price for Haul-out to final disposaJ 0 vcr 130 miles is the ITwdmum rate that will be charged and that it applies to all debris classes: Comlrmed Schedule 2 Unit Rate E(lQinment p~ 1) Confirm price for all equipment includes operator. Confirrn~ BOARD OF COUNTY COMMISSIONERS AGENDAITEMS~RY Meeting Date: 6/20/07 Division: Engineering Bulk Item: Yes --2L No Department: Engineering: Staff Contact Person: Dave Koppel/292-4407 AGENDA ITEM WORDING: Approval to award secondary Disaster Response and Recovery Services Contract to Crowder Gulf Inc. ITEM BACKGROUND: Monroe County needs a standing contract with an experienced disaster response and recovery contractor to respond to natural disasters. The Selection Committee has reviewed the eighteen responses to the RFP and has recommended DRC Inc for the primary contractor, and Crowder Gulf as the secondary contractor. Costs relative to Disaster Response and Recovery are eligible for Federal and State reimbursement during declared events. PREVIOUS RELEVANT BOCC ACTION: The BOCC granted approval by resolution to advertise a Request for Proposals for Hurricane Debris Monitoring and Disaster Related Services on October 18, 2006 in order for the County to select a contractor in advance of an event requiring County response. CONTRACT/AGREEMENT CHANGES: None STAFF RECOMMENDATIONS: Approve as stated TOT AL COST: To Be Determined BUDGETED: Yes NoX COST TO COUNTY 12.5% of actual cost SOURCE OF FUNDS: REVENUE PRODUCING: Yes No AMOUNT PER MONTH_ Year APPROVED BY: County Atty _ OMBlPurchasing _ 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: May 29, 2007 Re: Agenda Item AGENDA ITEM WORDING: Approval to award secondary Disaster Response and Recovery Services Contract to Crowder-Gulf. ITEM BACKGROUND: Eighteen Responses were received for the Disaster Response and Recovery Services RFP. The selection committee ranked DRC, Crowder Gulf and Ashbrit as the lowest Responsible Bidders. After further clarification of costs, DRC was selected as the primary contractor because the County has a relationship established with them and they have performed this work in Monroe County and are familiar with operations here. Though DRC is being recommended as the primary contractor, we are also recommending that Crowder-Gulf be retained as a secondary contractor in the event unforeseen circumstances prevent DRC from responding in a timely manner. PROJECT DETAILS: Both Crowder-Gulf and DRC are capable of providing the services required, and while costs varied by category of debris and haul-out distance between the two, a true "low bidder" would be impossible to determine without knowing exactly how much, what type, and where debris will be generated in any specific storm(s) which may impact Monroe County over the term of the contract. PREVIOUS RELEVANT BOCC ACTION: None CONTRACT/AGREEMENT CHANGES: None STAFF RECOMMENDATIONS: Approval as stated. MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Crowder-Gulf Contract #_ Effective Date: Expiration Date: Contract PurposelDescription: Disaster Response and Recovery Services Contract Manager: David Koppel 4427 Engineering/# 1 (Name) (Ext.) (Department/Stop #) for BOCC meeting on 6120/07 Agenda Deadline: 6/5/07 CONTRACT COSTS Total Dollar Value of Contract: $ TBD Budgeted? YesD No D Account Codes: Grant: $ County Match: $ 12.5% of total Current Year Portion: $ - - - - ----- - ----- - - ----- - - ----- ADDITIONAL COSTS Estimated Ongoing Costs: $~yr For: (Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.) CONTRACT REVIEW Changes Date Out Date In Needed Reviewer Division Director - YesDNoD Risk Management - YesD NoD O.M.B./Purchasing - YesD NoD County Attorney - YesD NoD Comments: OMB Form Revised 2/27/01 MCP #2 MONROE COUNTY REQUEST FOR PROPOSALS FOR PROFESSIONAL SERVICES FOR Disaster Response and Recovery Services BOARD OF COUNTY COMMISSIONERS Mayor, Mario Di Gennaro, District 4 Mayor Pro-Tern, Dixie M Spehar, District 1 George Neugent, District 2 Mario Di Gennaro, District 4 Sylvia Murphy, District 5 COUNTY ADMINISTRATOR Thomas J. Willi CLERK OF THE CIRCUIT COURT Danny L. Kolhage COUNTY ENGINEER David S. Koppel, P.E. February 2007 PREPARED BY: Monroe County Engineering Division RFP for CONTRACTOR Services, Disaster Response and Recovery Services NOTICE OF PROPOSAL STATEMENT Request for Professional Services For Disaster Response and Recovery Services. The Board of County Commissioners of Monroe County, Florida, hereby requests, pursuant to Sec. 287.055, Florida Statutes, sealed proposals from qualifed firms or individuals for Disaster Response and Recovery Services. Interested firms or individuals are requested to indicate their interest by submitting a total of seven (7), two (2) signed originals and five (5) complete copies of their proposal in a sealed envelope clearly marked on the outside, with the Respondent's name and "Proposal Statement - Disaster Response and Recovery Services" addressed to Monroe County Purchasing Department, 1100 Simonton Street, Room 1- 213, Key West, FL 33040, on or before 3:00 P.M. local time on April 11, 2007. If sent by mail or by courier, the above-mentioned envelope shall be enclosed in another envelope addressed to the entity and address stated above. No proposals will be accepted after 3:00 P.M. Faxed or e-mailed proposals will be automatically rejected. Requirements for submission and the selection criteria may be requested from DemandStar by Onvia by calling 1-800-711-1712 or by going to the website www.demandstar.com or htto://www.monroecountv-fl.2:ov/oa2:es/msdlbids.htm The Public Record is available at the Purchasing Office, 1100 Simonton Street, Key West, Florida. Technical questions are to be directed, in writing, to David S Parker, Senior Adminstrator, Special Projects, Engineering Division, 1100 Simonton Street, Key West, FL 33040, or by fax to (305) 295-4321. The Board reserves the right to reject any or all proposals, to waive irregularities in the proposals and to re-advertise for proposals. The Board also reserves the right to separately accept or reject any item or items of a proposal and to award and/or negotiate a contract in the best interest of the County. The areas of consideration for selecting the most qualified firm for the project include but are not limited to: · Responsiveness to requested materials and RFP criteria · Demonstrated data management/tracking/record keeping/reporting capabilities · Ability to coordinate with FEMA and other State and Federal disaster agencies · Organization and staffing · Strength of experience on similar projects · Proposal Project Methodology · Bid Amount A committee will be developed to review all qualified proposals. The committee will rank the submittals in order of preference and present the results to the County Commission with a recommendation to negotiate a contract with the preferred 2 RFP for CONTRACTOR Services, Disaster Response and Recovery Services person/firm. No binding contract is created between any person/firm and the County until a contract is approved by the County Commission. Monroe County's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Board of County Commissioners. All submissions must remain valid for a period of ninety (90) days from the date of the deadline for submission stated above. The Board will automatically reject the response of any person or affiliate who appears on the convicted vendor list prepared by the Department of General Services, State of Florida, under Sec. 287.133(3)( d), Florida Statute (1989). Monroe County declares that all or portions of the documents and work papers and other forms of deliverables pursuant to this request shall be subject to reuse by the County. Dated at Key West, this 2007. Monroe County Purchasing Department 3 TABLE OF CONTENTS NOTICE OF PROPOSAL STATEMENT SECTION ONE - Instruction to Respondents SECTION TWO - Scope of Work SECTION THREE - Draft Contract SECTION FOUR - County Forms SECTION ONE: INSTRUCTION TO RESPONDENTS 1.01 INTRODUCTION/BACKGROUND Monroe County ("County") is located in southern Florida and encompasses the Florida Keys and portions of the Everglades National Park and the Big Cypress National Preserve. The scope of this Request For Proposals includes the portions of Unincorporated Monroe County in the Florida Keys, which is comprised of a number of islands over 112 miles in length that extend from the southeastern tip of the Florida peninsula to Key West. The County maintains approximately 400 miles of roadway and is responsible for hurricane debris collection in these areas. The Federal Emergency Management Agency (FEMA) provides public assistance funds for disaster response, debris removal and disposal operations. The County requires a contractor to provide these and other disaster related services. The contractor must conduct all operations in full compliance with FEMA regulations and requirements for the County to be reimbursed for these disaster related expenses. 1.02 COPIES OF RFP DOCUMENTS A. Only complete sets of RFP Documents will be issued and used in preparing responses. The County does not assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets. B. Complete sets of RFP Documents may be obtained in the manner and at the locations stated in the Notice of Proposal Statement. 1.03 STATEMENT OF PROPOSAL REQUIREMENTS See notice of Proposal Statement 1.04 DISQUALIFICATION OF RESPONDENT A. NON-COLLUSION AFFIDAVIT: Any person submitting a proposal in response to this invitation must execute the enclosed NON-COLLUSION AFFIDAVIT. If it is discovered that collusion exists among the Respondents, the proposals of all participants in such collusion shall be rejected, and no participants in such collusion will be considered in future bids for the same work. B. PUBLIC ENTITY CRIME: 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 proposal on a contract to provide any goods or services to a public entity, may not submit a proposal on a contract with a public entity for the construction or repair of a public building or public work, may not submit Proposals on leases or perform work as a contractor, supplier, subcontractor, or CONTRACTOR under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. Category Two: $25,000.00 5 RFP for CONTRACTOR Services, Disaster Response and Recovery Services C. DRUG-FREE WORKPLACE FORM: Any person submitting a bid or proposal in response to this invitation must execute the enclosed DRUG-FREE WORKPLACE FORM and submit it with his bid or proposal. Failure to complete this form in every detail and submit it with the bid or proposal may result in immediate disqualification of the bid or proposal. D. LOBBYING AND CONFLICT OF INTEREST CLAUSE: Any person submitting a bid or proposal in response to this invitation must execute the enclosed LOBBYING AND CONFLICT OF INTEREST CLAUSE and submit it with his bid or proposal. Failure to complete this form in every detail and submit it with the bid or proposal may result in immediate disqualification of the bid or proposal. 1.05 EXAMINATION OF RFP DOCUMENTS A. Each Respondent shall carefully examine the RFP and other contract documents, and inform himself thoroughly regarding any and all conditions and requirements that may in any manner affect cost, progress, or performance of the work to be performed under the contract. Ignorance on the part of the Respondent shall in no way relieve him of the obligations and responsibilities assumed under the contract. B. Should a Respondent find discrepancies or ambiguities in, or omissions from, the specifications, or should he be in doubt as to their meaning, he shall at once notify the County. 1.06 INTERPRETATIONS, CLARIFICATIONS, AND ADDENDA No oral interpretations will be made to any Respondent as to the meaning of the contract documents. Any inquiry or request for interpretation received in writing seven (7) or more days prior to the date fixed for opening of responses will be given consideration. All such changes or interpretation will be made in writing in the form of an addendum and, if issued, will be furnished to all known prospective Respondents prior to the established Proposal opening date. Each Respondent shall acknowledge receipt of such addenda in their Proposal. In case any Respondent fails to acknowledge receipt of such addenda or addendum, his response will nevertheless be construed as though it had been received and acknowledged and the submission of his response will constitute acknowledgment of the receipt of same. All addenda are a part of the contract documents and each Respondent will be bound by such addenda, whether or not received by him. It is the responsibility of each Respondent to verify that he has received all addenda issued before responses are opened. 1.07 GOVERNING LAWS AND REGULATIONS The Respondent is required to be familiar with and shall be responsible for complying with all federal, state, and local laws, ordinances, rules, and regulations that in any manner affect the work. Knowledge of occupational license requirements and obtaining such licenses for Monroe County and municipalities within Monroe County are the responsibility of the Respondent. 6 RFP for CONTRACTOR Services, Disaster Response and Recovery Services 1.08 PREPARATION OF RESPONSES Signature of the Respondent: The Respondent must sign the response forms in the space provided for the signature. If the Respondent is an individual, the words "doing business as ", or "Sole Owner" must appear beneath such signature. In the case of a partnership, the signature of at least one of the partners must follow the firm name and the words "Member of the Firm" should be written beneath such signature. If the Respondent is a corporation, the title of the officer signing the Response on behalf of the corporation must be stated along with the Corporation Seal Stamp and evidence of his authority to sign the Response must be submitted. The Respondent shall state in the response the name and address of each person having an interest in the submitting entity. 1.09 SUBMISSION OF RESPONSES A. Two (2) signed originals and five (5) copies of each response shall be submitted. B. The response shall be submitted in a sealed envelope clearly marked on the outside, with the Respondents name and "Proposal Statement. Disaster Response and Recovery Services", addressed to the entity and address stated in the Notice of Proposal Statement, on or before 3:00 P.M. local time on April 11, 2007. If sent by mail or by courier, the above-mentioned envelope shall be enclosed in another envelope addressed to the entity and address stated in the Notice of Proposal Statement. Faxed or e-mailed statements of qualifications shall be automatically rejected. Responses will be received until the date and hour stated in the Notice of Proposal Statement. C. Each Respondent shall submit with his Response the required evidence of his qualifications and experience. 1.10 CONTENT OF SUBMISSION The proposal submitted in response to this RFP shall be printed on 8-1/2" x 11" white paper and bound; it shall be clear and concise and provide the information requested herein. Statements submitted without the required information will not be considered. Responses shall be organized as indicated below. The Respondent should not withhold any information from the written response in anticipation of presenting the information orally or in a demonstration, since oral presentations or demonstrations may not be solicited. Each Respondent must submit adequate documentation to certify the Respondent's compliance with the County's requirements. Respondents should focus specifically on the information requested. Additional information, unless specifically relevant, may distract rather than add to the Respondent's overall evaluation. The following information, at a minimum, shall be included in the Submittal: A. Cover Paae A cover page that states "PROPOSAL STATEMENT - DISASTER RESPONSE AND RECOVERY SERVICES" The cover page should contain Respondent's name, address, telephone number, and the name of the Respondent's contact person. 7 RFP for CONTRACTOR Services, Disaster Response and Recovery Services B. Tabbed Sections Tab 1. Executive Summary The Respondent shall provide a narrative of the firm's qualities and capabilities that demonstrate how the firm will work with the County to fulfill the requirements of the scope of work. Describe the firm's use of technology in the office and in the field and how it will be used to complete scope of work. Describe the firm's methodology for diasaster response and local debris recovery operations given the extensive amount of field work that will be required, as well as the firm's experience working with FEMA and other Federal and State disaster agencies. Tab 2. Relevant Experience The Respondent shall provide a project history of the firm or organization demonstrating experience with disaster response and debris recovery projects that are similar in scope and size to the proposed work. Tab 3. Past Performance on Similar Projects The Respondent shall provide a list of references for past projects similar to services outlined in Section Two of this RFP(Scope of Work) indicating the following: Name and full address of the referenced project Name and telephone number of client contact for referenced project Date of initiation and completion of contract Summary of the project and services Tab 4. Project Approach The Respondent shall provide a workplan that outlines the services that the firm is able to provide and explain how these services will be used to accomplish the Scope of Work in Section Two. The description should include details of field operations, data management operations, staffing levels, equipment to be used, minimum response time after a disaster, methods of debris collection and reduction, and methodology for complying with and responding to requirements of state and federal disaster agencies. The Respondent should describe the debris tracking and documentation process to ensure timely invoicing for services, and compliance with FEMA regulations and guidelines 8 RFP for CONTRACTOR Services, Disaster Response and Recovery Services Tab 5. Staffing for this Project & Qualifications of Key Personnel The Respondent shall describe the composition and structure of the firm (sole proprietorship, corporation, partnership, joint venture) and include names of persons with an interest in the firm. The Respondent shall include an organizational chart of all personnel to be used to complete the Scope of Work. Resumes for each individual, including education, background and experience should be included. This section should show evidence of the firm's ability to manage tasks simultaneously and expeditiously; approach to problem/task resolution and teamwork. The Respondent shall provide information on any subcontractors that may be employed in performing the Scope of Work. Tab 6. Litigation The Respondent shall provide a history of any past or pending claims and litigation in which the Respondent is involved as a result of the provision of the same or similar services which are requested or described herein. Tab 7. Additional Services The Respondent shall describe any other disaster response and recovery related services it is capable of providing other than the basic services detailed in Section Two (Scope of Work). Tab 8. Cost Summary The respondent shall provide a detailed cost summary for the work. The summary should include all costs for equipment and personnel used during all operations. Cost summary shall detail each type of work associated with the Scope of Work, cost basis, and unit cost. Unit costs shall be inclusive of all costs and expenses, and shall be provided for each class of debris. Unit prices shall be provided for each category listed in Tables One and Two in Section Two, Scope of Work. Tab 8 Pricing Detail 9 RFP for CONTRACTOR Services, Disaster Response and Recovery Services SCHEDULE 1 DEBRIS REMOVAL Description Collect & Haul Vegetative - ROW o miles - 15 miles 15.1 miles - 30 miles >30 miles Collect & Haul Non-Vegetative - ROW o miles - 15 miles 15.1 miles - 30 miles >30 miles Collect & Haul White Goods - ROW o miles - 15 miles 15.1 miles - 30 miles >30 miles Collect & Haul Hazardous Waste - ROW o miles - 15 mires 15.1 miles - 30 miles >30 miles Collect & Haul Seaweed~ ROW o miles - 15 miles 15.1 miles - 30 miles Tree Stump Removal Less than 6" in diameter 6 and greater but less than 12" in diameter Greater than 12" but less than 24" Greater than 24" but less than 48" 48" and greater TDSA Site Debris Management Vegetative Non4 Vegetative White Goods Haul-out of Reduced Debris to Final Disposal o miles - 30 miles 31 miles - 60 miles 61 miles- 100 miles 101 miles - 130 miles Greater than 130 miles Right of Entry Work Remove Vegetative Debris from private property Demolish and Remove Non-Vegetative Debris from private ro e Disposal of Animal Carcasses Beach Sand (Screening and Replacement) CYD CYD CYO ~~ \~::' ,"' *t:/("' ~~.."=~~)tt-.~~, \::, ,,~.\:~~~:. ....,f.:-~.. ~~ CYO CYD CYD ~,' ~.::-' < ~ .........,'.( 8.-::. ~ / , CYD CYD CYD Per Stump Per Stump Per Stump Per Stump Per Stump :~~~ ~~......;.... ~~~...., ~ . ~ ~ ~ ,..:....... ~ ~....:........ CYO CYO CYD CYD CYD CYD CYD CYD ~\~..; ~;~ <~ ~ ~ .. ~~i'~,~~""'.' '-. 7.\~~ .... ~ ~ t~j~:~~ CYD CYD Per Unit CYD NOTE: Right of Entry (ROE) rates apply to clearing debris from private property and hauling to closest public Right of Way (ROW). Standard debris rates apply to further debris handling 10 SCHEDULE 2 - UNIT RATE EQUIPMENT PRICE Equipment Type erator SCHEDULE 3 - HOURLY EQUIPMENT AND LABOR PRICE erson II Hourly Equipment Rate Tab 9. County forms Respondent shall complete and execute the forms specified below and found at the designated pages in this RFP, and shall include them in the section tabbed 9: Form PaQe Response Form 33 Lobbying and Conflict of Interest Clause 34 Non-Collusion Affidavit 35 Drug Free Workplace Form 36 Respondent's Insurance and Indemnification Statement 37 Insurance Agent's Statement 38 Copies of all professional and occupational licenses shall be included in this section. 1.11 MODIFICATION OF RESPONSES Written modification will be accepted from Respondents if addressed to the entity and address indicated in the Notice of Proposal Statement and received prior to Proposal due date and time. Modifications must be submitted in a sealed envelope clearly marked on the outside, with the Respondents name and "Modification to Proposal Statement - Disaster Response and Recovery Services". If sent by mail or by courier, the above-mentioned envelope shall be enclosed in another envelope addressed to the entity and address stated in the Notice of Request for Proposals. Faxed or e-mailed modifications shall be automatically rejected. 1.12 RESPONSIBILITY FOR RESPONSE The Respondent is solely responsible for all costs of preparing and submitting the response, regardless of whether a contract award is made by the County. 1.13 RECEIPT AND OPENING OF RESPONSES Responses will be received until the designated time and will be publicly opened. Respondents names shall be read aloud at the appointed time and place stated in the Notice of Request for Proposals. Monroe County's representative authorized to open the responses will decide when the specified time has arrived and no responses received thereafter will be considered. No responsibility will be attached to anyone for the premature opening of a response not properly addressed and identified. Respondents or their authorized agents are invited to be present. 1.14 DETERMINATION OF SUCCESSFUL RESPONDENT The County reserves the right to reject any and all responses and to waive technical errors and irregularities as may be deemed best for the interests of the County. Responses that contain modifications, are incomplete, unbalanced, conditional, obscure, or that contain additions not requested or irregularities of any kind, or that do not comply 12 in every respect with the Instruction to Respondent and the contract documents, may be rejected at the option of the County. 1.15 AWARD OF CONTRACT A. The County reserves the right to award separate contracts for portions of the work, waive any irregularity in any response, or to re-advertise for all or part of the work contemplated B. The County also reserves the right to reject the response of a Respondent who has previously failed to perform properly or to complete contracts of a similar nature on time, or who, after investigation of references or other criteria, does not meet County standards. C. The recommendation of the committee and the responses of three or more Respondents may be presented to the Board of County Commissioners of Monroe County, Florida, for final selection. Negotiations will be undertaken with the Respondents as ranked. 1.16 EXECUTION OF CONTRACT The Respondent with whom a contract is negotiated shall be required to return to the County four (4) executed counterparts of the prescribed contract together with the required certificates of insurance. 1.17 CERTIFICATE OF INSURANCE AND INSURANCE REQUIREMENTS The Respondent shall be responsible for all necessary insurance coverage as indicated below. Certificates of Insurance must be provided to Monroe County within fifteen (15) days after award of contract, with Monroe County BOCC listed as additional insured as indicated. If the proper insurance forms are not received within the fifteen (15) day period, the contract may be awarded to the next selected Respondent/Proposer. Policies shall be written by companies licensed to do business in the State of Florida and having an agent for service of process in the State of Florida. Companies shall have an A.M. Best rating of VI or better. Worker's Compensation Statutory Limits $1,000,000 Accident $1,000,000 Disease, policy limits $1,000,000 Disease each employee $1,000,000 Combined Single Limit Employers' Liability Insurance General Liability, including Premises Operation Products and Completed Operations Blanket Contractual Liability Personal Injury Liability Expanded Definition of Property Damage Vehicle Liability (Owned, non-owned and hired vehicles) $1,000,000 per Occurrence $1,000,000 Combined Single Limit Pollution liability $5,000,000 per Occurrence 13 $10,000,000 Aggregate Monroe County shall be named as an Additional Insured on the General Liability and Vehicle Liability policies. 1.18 INDEMNIFICATION The Respondent to whom a contract is awarded shall defend, indemnify and hold harmless the County as outlined below. The CONTRACTOR covenants and agrees to indemnify, hold harmless and defend Monroe County, its commissioners, officers, employees, agents and seNants from any and all claims for bodily injury, including death, personal injury, and property damage, including damage to property owned by Monroe County, and any other losses, damages, and expenses of any kind, including attorney's fees, court costs and expenses, which arise out of, in connection with, or by reason of seNices provided by the CONTRACTOR or any of its Subcontractor(s) in any tier, occasioned by the negligence, errors, or other wrongful act or omission of the CONTRACTOR, its Subcontractor(s) in any tier, their officers, employees, seNants or agents. In the event that 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. Should any claims be asserted against the County by virtue of any deficiency or ambiguity in the plans and specifications provided by the CONTRACTOR, the CONTRACTOR agrees and warrants that CONTRACTOR shall hold the County harmless and shall indemnify it from all losses occurring thereby and shall further defend any claim or action on the County's behalf. The first ten dollars ($10.00) of remuneration paid to the CONTRACTOR is consideration 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. This indemnification shall sUNive the expiration or earlier termination of the contract. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK 14 MONROE COUNTY, FLORIDA Request For Waiver of Insurance Requirements It is requested that the insurance requirements, as specified in the County's Schedule of Insurance Requirements, be waived or modified on the following contract: Respondent: Contract for: Address of Respondent: Phone: Scope of Work: Reason for Waiver: Policies Waiver will apply to: Signature of Respondent: Approved Not Approved Risk Management: Date: County Administrator appeal: Approved Not Approved Date: Board of County Commissioners appeal: Approved Not Approved Meeting Date: Respondent SIGNATURE 15 SECTION TWO: SCOPE OF WORK In the event of a disaster, the selected firm shall be responsible for providing emergency debris clearance (PUSH), Debris Recovery (loading and hauling of disaster related debris), management of Temporary Debris Storage and Reduction sites (TDSR), and tree stump and limb removal. All disaster response and recovery services shall be performed in compliance with FEMA and FHW A guidelines. Documentation and reports of work performed shall be in a form suitable for FEMA reimbursement. These operations will include will include, but not be limited to: A. Emergency Debris Removal (PUSH) · Immediately after a disaster, provide all necessary equipment, tools and personnel to clear primary roads and critical government facilities of debris to allow emergency vehicles access to areas in need of assistance as directed by the County · Debris should be stacked along edge of pavement on the shoulder of the road and not blocking driveways, side streets or utilities of any kind. · Emergency Debris Removal may require loading the debris, hauling the debris to an approved dumpsite, and dumping the debris at the approved dumpsite. · Provide daily reporting to include cumulative, daily, and hourly statistics detailing type of equipment and personnel used B. Debris Recovery and Disposal (Load and Haul) from County Roads and Facilities · Provide all necessary equipment and personnel to load and haul disaster- generated debris to an approved TDSR site. · Disaster-related debris will be sorted into clean vegetative, non-vegetative Seaweed, White Metal, hazardous waste, mixed and ineligible at the load sites · All debris shall be mechanically loaded and reasonably compacted. · Provide control of pedestrian and vehicular traffic in the work area, to include flag persons, signs or other devices necessary to ensure safe debris recovery operations · Provide daily reports on all debris recovery operations, to include all equipment and personnel used. The report shall detail daily and cumulative-to-date statistics on the number of truckloads, number of cubic yards of debris hauled, locations of completed work, and locations of current work for each type of debris recovered. · Identify landfills and/or other final disposal site(s) for all debris · Haul debris from TDSR sites to final disposal site(s) · Immediately investigate claims of damage to private property and/or County roads and rights-of-way due to debris operations and make repairs at no cost to the County · Provide all necessary equipment and personnel to remove seaweed and other debris from beach sand by screening, and return clean sand to beach as directed by the County 16 C. Management of Temporary Debris Storage and Reduction (TDSR) Sites · Provide sufficient personnel and equipment to operate multiple TDSR sites simultaneously within unincorporated Monroe County · Fully document pre-existing conditions at proposed TDSR sites with photographs and appropriate testing · Prepare each approved TDSR site to accept debris, to include clearing, erosion control, grading, construction and maintenance of haul roads and entrances and installation of inspection towers and security fencing · Establish site layout, including entrance, exit and internal haul roads at each TDSR site · Provide all management, supervision, labor, machines, tools, and equipment necessary to accept, process, reduce, sort, and dispose of disaster related debris. · Provide at least one inspection tower at each TDSR site constructed to pre- approved specifications · Debris reduction shall be performed by chipping / grinding only · Ensure all debris is properly staged and sorted. · Provide daily and cumulative-to-date reports for each TDSR site and inspection tower · Ensure TDSR sites are secure and not accessible by the public during operation and after working hours · After all debris has been reduced and hauled to final disposal site, perform site restoration and closeout, to include removal of site equipment (temporary toilets, inspection towers, security fence, etc) and restore the site to pre-work conditions D. Tree and Limb Removal · Provide all equipment, tools and personnel to safely remove hazardous leaning trees, hanging tree limbs as directed by Monroe County · Provide control of pedestrian and vehicular traffic in the work area, to include flag persons, signs or other devices necessary to ensure safe tree/limb removal operations · Ensure that strict Right-of-Entry procedures are followed for any hazardous tree or limb removal operations or performed which affect private property. · As directed by the County, remove all hazardous tree stumps, both uprooted and intact 17 1818 SECTION THREE: DRAFT CONTRACT AGREEMENT FOR DISASTER RESPONSE AND RECOVERY SERVICES This Agreement ("Agreement") made and entered into this _day of , 2007 by and between Monroe County, a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida, 33040, its successors and assigns, hereinafter referred to as "COUNTY," through the Monroe County Board of County Commissioners ("BOCC"), AND a of the State of , whose address is its successors and assigns, hereinafter referred to as "CONTRACTOR", WITNESSETH: WHEREAS, COUNTY desires to employ the professional services of CONTRACTOR for Disaster Response and Recovery Services; and WHEREAS, CONTRACTOR has agreed to provide professional services which shall include but not be limited to providing Disaster Response and Recovery Services, which services shall collectively be referred to as the "Project"; NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements stated herein, and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, COUNTY and CONTRACTOR agree as follows: FORM OF AGREEMENT ARTICLE 1 1.1 REPRESENTATIONS AND WARRANTIES By executing this Agreement, CONTRACTOR makes the following express representations and warranties to the COUNTY: 1.1.1 The CONTRACTOR shall maintain all necessary licenses, permits or other authorizations necessary to act as CONTRACTOR for the Project until the CONTRACTOR'S duties hereunder have been fully satisfied; 1.1.2 The CONTRACTOR has become familiar with the Project site and the local conditions under which the work is to be completed. 18 1919 1.1.3 The CONTRACTOR shall prepare all documentation required by this Agreement in such a manner that they shall be accurate, coordinated and adequate for use in verifying work completed by debris contractors and associated costs and shall be in conformity and comply with all applicable law, codes and regulations. The CONTRACTOR warrants that the documents prepared as a part of this Agreement will be adequate and sufficient to document costs in a manner that is acceptable for reimbursement by government agencies, therefore eliminating any additional cost due to missing or incorrect information; 1.1.4 The CONTRACTOR assumes full responsibility to the extent allowed by law with regards to his performance and those directly under his employ. 1.1.5 The CONTRACTOR'S services shall be performed as expeditiously as is consistent with professional skill and care and the orderly progress of the Project. In providing all services pursuant to this agreement, the CONTRACTOR shall abide by all statutes, ordinances, rules and regulations pertaining to, or regulating the provisions of such services, including those now in effect and hereinafter adopted. Any violation of said statutes, ordinances, rules and regulations shall constitute a material breach of this agreement and shall entitle the Board to terminate this contract immediately upon delivery of written notice of termination to the CONTRACTOR. 1.1.6 At all times and for all purposes under this agreement the CONTRACTOR is an independent contractor and not an employee of the Board of County Commissioners for Monroe County. No statement contained in this agreement shall be construed so as to find the CONTRACTOR or any of his/her employees, contractors, servants, or agents to be employees of the Board of County Commissioners for Monroe County. 1.1.7 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. ARTICLE II SCOPE OF BASIC SERVICES 2.1 DEFINITION CONTRACTOR'S Scope of Basic Services consists of those described in Attachment A. The CONTRACTOR shall commence work on the services provided for in this Agreement promptly upon his receipt of a written notice to proceed from the COUNTY. The notice to proceed will be in the form of a task order and must contain a description of the services to be performed, and the time within which services must be performed. 2.2 CORRECTION OF ERRORS, OMISSIONS, DEFICIENCIES The CONTRACTOR shall, without additional compensation, promptly correct any errors, omissions, deficiencies, or conflicts in the work product of the CONTRACTOR or its subCONTRACTORs, or both. 2.3 NOTICE REQUIREMENT ]9 2020 All written correspondence to the COUNTY shall be dated and signed by an authorized representative of the CONTRACTOR. Any notice required or permitted under this agreement shall be in writing and hand delivered or mailed, postage pre-paid, to the COUNTY by certified mail, return receipt requested, to the following: Mr. David S. Koppel, P.E. Monroe County Engineer 1100 Simonton Street, Room 2-215 Key West, Florida 33040 And: Mr. Thomas Willi Monroe County Administrator 1100 Simonton Street, Room 2-205 Key West, Florida 33040 For the CONTRACTOR: ARTICLE III ADDITIONAL SERVICES 3.1 The services described in Article III that may be provided by the CONTRACTOR (provided for example purposes only) and are not included in Basic Services. If requested by the COUNTY they shall be paid for as an addition to the compensation paid for the Basic Services but only if approved by the COUNTY before commencement, and may include, but are not limited to the following: · Generator supply, installation, maintenance, fueling and repairs · Removal of sand from roads, streets, rights-of-way, screening sand and returning clean sand to beaches or other designated areas · Emergency satellite telephone provision and/or other necessary communication resources · Recovery and destruction of dead fish, animals and livestock · General procurement, logistics and distribution- (tents, Meals-Ready-To-Eat, bottled water, ice, other emergency support items as required) · Temporary housing for emergency workers · Portable wash machines, dryers, toilets and shower units - supplies and maintenance · Provision of certified scales at debris sites to monitor trucks weight · Temporary offices, accommodations and support systems · Emergency clinic and support personnel · Mortuary support/recovery -mobilization and management of temporary morgues (including recovery of floating and displaced coffins and deceased persons) 20 2121 A. Providing services of CONTRACTOR for other than the previously listed scope of the Project provided as a part of Basic Services. B. Providing any other services not otherwise included in this Agreement or not customarily furnished in accordance with generally accepted debris recovery operations. C. Providing representation before public bodies in connection with the Project, upon approval by COUNTY. 3.2 If Additional Services are required, such as those listed above, the COUNTY shall issue a letter requesting and describing the requested services to the CONTRACTOR. The CONTRACTOR shall respond with a fee proposal to perform the requested services. Only after receiving an amendment to the Agreement and a notice to proceed from the COUNTY, shall the CONTRACTOR proceed with the Additional Services. ARTICLE IV COUNTY'S RESPONSIBILITIES 4.1 The COUNTY shall provide full information regarding requirements for the Project including physical location of work, county maintained roads, maps. 4.2 The COUNTY shall designate a representative to act on the COUNTY's behalf with respect to the Project. The COUNTY or its representative shall render decisions in a timely manner pertaining to documents submitted by the CONTRACTOR in order to avoid unreasonable delay in the orderly and sequential progress of the CONTRACTOR'S services. 4.3 Prompt written notice shall be given by the COUNTY and its representative to the CONTRACTOR if they become aware of any fault or defect in the Project or non- conformance with the Agreement Documents. Written notice shall be deemed to have been duly served if sent pursuant to paragraph 2.3. 4.4 The COUNTY shall furnish the required information and services and shall render approvals and decisions as expeditiously as necessary for the orderly progress of the CONTRACTOR'S services and work of the contractors. 4.5 The COUNTY's review of any documents prepared by the CONTRACTOR or its subCONTRACTORs shall be solely for the purpose of determining whether such documents are generally consistent with the COUNTY's criteria, as, and if, modified. No review of such documents shall relieve the CONTRACTOR of responsibility for the accuracy, adequacy, fitness, suitability or coordination of its work product. 4.6 The COUNTY shall provide copies of necessary documents required to complete the work. 4.7 Any information that may be of assistance to the CONTRACTOR that the COUNTY has immediate access to will be provided as requested. 21 2222 ARTICLE V INDEMNIFICATION AND HOLD HARMLESS The CONTRACTOR covenants and agrees to indemnify, hold harmless and defend COUNTY, its commissioners, officers, employees, agents and servants from any and all claims for bodily injury, including death, personal injury, and property damage, including damage to property owned by Monroe County, and any other losses, damages, and expenses of any kind, including attorney's fees, court costs and expenses, which arise out of, in connection with, or by reason of services provided by CONTRACTOR or its Subcontractor(s) in any tier, occasioned by the negligence, errors, or other wrongful act or omission of the CONTRACTOR, its Subcontractor(s) in any tier, their officers, employees, servants and agents. In the event that 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 COUNTY from any and all increased expenses resulting from such delay. Should any claims be asserted against COUNTY by virtue of any deficiency or ambiguity in the plans and specifications provided by the CONTRACTOR, the CONTRACTOR agrees and warrants that CONTRACTOR hold the County harmless and shall indemnify it from all losses occurring thereby and shall further defend any claim or action on the COUNTY's behalf. The first ten dollars ($10.00) of remuneration paid to the CONTRACTOR is consideration 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. This indemnification shall survive the expiration or earlier termination of the Agreement. ARTICLE VI PERSONNEL 6.1 PERSONNEL The CONTRACTOR shall assign only qualified personnel to perform any service concerning the project. At the time of execution of this Agreement, the parties anticipate that the following named individuals will perform those functions as indicated: NAME FUNCTION 22 2323 So long as the individuals named above remain actively employed or retained by the CONTRACTOR, they shall perform the functions indicated next to their names. If they are replaced the CONTRACTOR shall notify the COUNTY of the change immediately. ARTICLE VII COMPENSATION 7.1 PAYMENT SUM 7.1.1 The COUNTY shall pay the CONTRACTOR in current funds for the CONTRACTOR'S performance of this Agreement based on rates negotiated and agreed upon and shown in Attachment B. 7.2 PAYMENTS 7.2.1 For its assumption and performances of the duties, obligations and responsibilities set forth herein, the CONTRACTOR shall be paid monthly. (A) If the CONTRACTOR'S duties, obligations and responsibilities are materially changed by amendment to this Agreement after execution of this Agreement, compensation due to the CONTRACTOR shall be equitably adjusted, either upward or downward; (B) As a condition precedent for any payment due under this Agreement, the CONTRACTOR shall submit monthly, unless otherwise agreed in writing by the COUNTY, a proper invoice to COUNTY requesting payment for services properly rendered and reimbursable expenses due hereunder. The CONTRACTOR'S invoice shall describe with reasonable particularity the service rendered. The CONTRACTOR'S invoice shall be accompanied by such documentation or data in support of expenses for which payment is sought at the COUNTY may require. 7.3 REIMBURSABLE EXPENSES Rates shall be inclusive of all reimbursable expenses. 7.4 BUDGET 7.4.1 The CONTRACTOR may not be entitled to receive, and the COUNTY is not obligated to pay, any fees or expenses in excess of the amount budgeted for this contract in each fiscal year (October 1 - September 30) by COUNTY's Board of County Commissioners. The budgeted amount may only be modified by an affirmative act of the COUNTY's Board of County Commissioners. 7.4.2 The COUNTY's performance and obligation to pay under this Agreement 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 VIII INSURANCE 23 2424 8.1 The CONTRACTOR shall obtain insurance as specified and maintain the required insurance at all times that this Agreement is in effect. 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. 8.2 The coverage provided herein shall be provided by an insurer with an A.M. Best rating of VI or better, that is licensed to business in the State of Florida and that has an agent for service of process within the State of Florida. The coverage shall contain an endorsement providing sixty (60) days notice to the COUNTY prior to any cancellation of said coverage. Said coverage shall be written by an insurer acceptable to the COUNTY and shall be in a form acceptable to the COUNTY. 8.3 CONTRACTOR shall obtain and maintain the following policies: A. Workers' Compensation insurance as required by the State of Florida, sufficient to respond to Florida Statute 440. B. Employers Liability Insurance with limits of $1,000,000 per Accident, $1,000,000 Disease, policy limits, $1,000,000 Disease each employee. C. Comprehensive business automobile and vehicle liability insurance covering claims for injuries to members of the public and/or damages to property of others arising from use of motor vehicles, including onsite and offsite operations, and owned, hired or non- owned vehicles, with One Million Dollars ($1,000,000.00) combined single limit and One Million Dollars ($1,000,000.00) annual aggregate. D. Commercial general liability, including Personal Injury Liability, covering claims for injuries to members of the public or damage to property of others arising out of any covered act or omission of the CONTRACTOR or any of its employees, agents or subcontractors or subCONTRACTORs, including Premises and/or Operations, Products and Completed Operations, Independent Contractors; Broad Form Property Damage and a Blanket Contractual Liability Endorsement with One Million Dollars ($1,000,000) per occurrence and annual aggregate. 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 must extend for a minimum of 48 months following the termination or expiration of this contract. E. Professional liability insurance of One Million Dollars ($1,000,000.00) per occurrence and Two Million Dollars ($2,000,000.00) annual aggregate. If the policy is a "claims made" policy, CONTRACTOR shall maintain coverage or purchase a "tail" to cover claims made after completion of the project to cover the statutory time limits in Chapter 95 of the Florida Statutes. F. COUNTY shall be named as an additional insured with respect to CONTRACTOR'S liabilities hereunder in insurance coverages identified in Paragraphs C and D. 24 2525 G. CONTRACTOR shall require its subCONTRACTORs to be adequately insured at least to the limits prescribed above, and to any increased limits of CONTRACTOR if so required by COUNTY during the term of this Agreement. COUNTY will not pay for increased limits of insurance for subCONTRACTORs. H. CONTRACTOR shall provide to the COUNTY certificates of insurance or a copy of all insurance policies including those naming the COUNTY as an additional insured. The COUNTY reserves the right to require a certified copy of such policies upon request. I. 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. ARTICLE IX MISCELLANEOUS 9.1 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. 9.2 OWNERSHIP OF THE PROJECT DOCUMENTS The documents prepared by the CONTRACTOR for this Project belong to the COUNTY and may be reproduced and copied without acknowledgement or permission of the CONTRACTOR. 9.3 SUCCESSORS AND ASSIGNS 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 the 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. Subject to the provisions of the immediately preceding sentence, each party hereto binds itself, its successors, assigns and legal representatives to the other and to the successors, assigns and legal representatives of such other party. 9.4 NO THIRD PARTY BENEFICIARIES Nothing contained herein shall create any relationship, contractual or otherwise, with or any rights in favor of, any third party. 9.5 TERMINATION A. In the event that the CONTRACTOR shall be found to be negligent in any aspect of service, the COUNTY shall have the right to terminate this agreement after five days written notification to the CONTRACTOR. 25 2626 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. 9.6 CONTRACT DOCUMENTS This contract consists of the Proposal Statement, any addenda, the Form of Agreement (Articles I-IX), the CONTRACTOR'S response to the RFP, the documents referred to in the Form of Agreement as a part of this Agreement, and attachments , and modifications made after execution by written amendment. In the event of any conflict between any of the Contract documents, the one imposing the greater burden on the CONTRACTOR will control. 9.7 PUBLIC ENTITIES CRIMES 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 contracts to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or CONTRACTOR 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 this Agreement, CONTRACTOR represents that the execution of this Agreement will not violate the Public Entity Crimes Act (Section 287.133, Florida Statutes). Violation of this section shall result in termination of this Agreement and recovery of all monies paid hereto, and may result in debarment from COUNTY's competitive procurement activities. In addition to the foregoing, CONTRACTOR further represents that there has been no determination, based on an audit, that it or any subCONTRACTOR has committed an act defined by Section 287.133, Florida Statutes, as a "public entity crime" and that it has not been formally charged with committing an act defined as a "public entity crime" regardless of the amount of money involved or whether CONUSUL T ANT has been placed on the convicted vendor list. CONTRACTOR will promptly notify the COUNTY if it or any subcontractor or CONTRACTOR is formally charged with an act defined as a "public entity crime" or has been placed on the convicted vendor list. 9.8 MAINTENANCE OF RECORDS CONTRACTOR shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Records shall be retained for a period of five years from the termination of this agreement. Each party to this Agreement or its 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, or were wrongfully 26 2727 retained by the CONTRACTOR, the CONTRACTOR shall repay the monies together with interest calculated pursuant to Sec. 55.03, of the Florida Statutes, running from the date the monies were paid by the COUNTY. 9.9 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 this Agreement, COUNTY and CONTRACTOR agree that venue shall lie in the 16th Judicial Circuit, Monroe County, Florida, in the appropriate court or before the appropriate administrative body. This agreement shall not be subject to arbitration. 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. 9.10 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. 9.11 ATTORNEY'S FEES AND COSTS The COUNTY and CONSULTANT 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 the Agreement, the prevailing party shall be entitled to reasonable attorney's fees and court costs, as an award against the non-prevailing party, and shall include attorney's fees and courts costs in appellate proceedings. 9.12 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. 9.13 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. 9.14 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 27 2828 that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. 9.15 ADJUDICATION OF DISPUTES OR DISAGREEMENTS COUNTY and CONTRACTOR agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If no resolution can be agreed upon within 30 days after the first meet and. confer session, the issue or issues shall be discussed at a public meeting of the Board of County Commissioners. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. This provision does not negate or waive the provisions of paragraph 9.5 concerning termination or cancellation. 9.16 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. 9.17 NONDISCRIMINATION CONTRACTOR 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. CONTRACTOR or COUNTY agrees 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 patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as may be amended from time to time, relating to nondiscrimination 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; 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. 28 2929 9.18 COVENANT OF NO INTEREST CONTRACTOR and COUNTY 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. 9.19 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. 9.20 NO SOLICITATION/PAYMENT The CONTRACTOR and COUNTY 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. 9.21 PUBLIC ACCESS. The CONTRACTOR and COUNTY shall allow and permit reasonable access to, and inspection of, all documents, papers, letters or other materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the CONTRACTOR and COUNTY in connection with this Agreement; and the COUNTY shall have the right to unilaterally cancel this Agreement upon violation of this provision by CONTRACTOR. 9.22 NON-WAIVER OF IMMUNITY Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the CONTRACTOR and the COUNTY 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. 9.23 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 29 3030 apply to the activity of officers, agents, or employees of any public agents or employees of the COUNTY, when periorming their respective functions under this Agreement within the territorial limits of the COUNTY shall apply to the same degree and extent to the periormance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the COUNTY. 9.24 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 periormance thereof by any participating entity, in which case the periormance 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. 9.25 NON-RELIANCE BY NON-PARTIES No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or program contemplated hereunder, and the CONTRACTOR and the COUNTY agree that neither the CONTRACTOR nor the COUNTY 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. 9.26 ATTESTATIONS AND TRUTH IN NEGOTIATION CONTRACTOR agrees to execute such documents as COUNTY may reasonably require, including a Public Entity Crime Statement, an Ethics Statement, and a Drug-Free Workplace Statement. Signature of this Agreement by CONTRACTOR shall act as the execution of a truth in negotiation certificate stating that wage rates and other factual unit costs supporting the compensation pursuant to the Agreement are accurate, complete, and current at the time of contracting. The original contract price and any additions thereto shall be adjusted to exclude any significant sums by which the agency determines the contract price was increased due to inaccurate, incomplete, or concurrent wage rates and other factual unit costs. All such adjustments must be made within one year following the end of the Agreement. 9.27 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. 9.28 EXECUTION IN COUNTERPARTS 30 3131 This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. 9.29 FEDERAL HIGHWAY ADMINISTRATION REQUIREMENTS The following forms and provisions are incorporated in and made a part of this contract. 9.29.1 Davis-Bacon Act - In accordance with the Davis-Bacon Act, the CONTRACTOR or their subcontractors shall pay workers employed directly upon the site of the work no less than the locally prevailing wages and fringe benefits paid on projects of a similar character. The current prevailing wage rates can be found at: www.access.Qpo.qov/davisbacon/fl.htmlunder Monroe County. 9.29.2 Americans with Disabilities Act of 1990 (ADA) - The CONTRACTOR will comply with all the requirements as imposed by the ADA, the regulations of the Federal government issued thereunder, and the assurance by the CONTRACTOR pursuant thereto. 9.29.3 Disadvantaged Business Enterprise (DBE) Policy and Obligation - It is the policy of the COUNTY that DBE's, as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part with COUNTY funds under this Agreement. The DBE requirements of applicable federal and state laws and regulations apply to this Agreement. The COUNTY and its CONTRACTOR agree to ensure that DBE's have the opportunity to participate in the performance of this Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with applicable federal and state laws and regulations to ensure that the DBE's have the opportunity to compete for and perform contracts. The COUNTY and the CONTRACTOR and subcontractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of contracts, entered pursuant to this Agreement. 9.29.4 Convict Labor - The convict labor prohibition in 23 U.S.C. 114 applies to emergency repair projects. Convict labor cannot be used in emergency repair construction projects. 9.29.5 FHWA Form 1273 is attached hereto as Exhibit A and made a part of this Agreement. 9.29.6 The requirements of 23 CFR Part 635.410 Buy America Requirements are attached hereto as Exhibit B and made a part of this Agreement. IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its duly authorized representative on the day and year first above written. (SEAL) Attest: DANNY L. KOLHAGE, Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA 31 3232 By: Deputy Clerk By: Mayor/Chairman Date: (Seal) Attest: CONTRACTOR BY: By: Title: Title: END OF AGREEMENT 32 3333 SECTION FOUR: RESPONSE FORMS RESPONSE FORM RESPOND TO: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS c/o PURCHASING DEPARTMENT GA TO BUILDING, ROOM 1-213 1100 SIMONTON STREET KEY WEST, FLORIDA 33040 I acknowledge receipt of Addenda No.(s) I have included: a The Submission Response Form_ a Lobbying and Conflict of Interest Clause _ a Non-Collusion Affidavit a Drug Free Workplace Form_ a Respondent's Insurance and Indemnification Statement _ a Insurance Agent's Statement _ In addition, I have included a current copy of the following professional and occupational licenses: (Check mark items above. as a reminder that they are included.) Mailing Address: Telephone: Fax: Date: Signed: Witness: (Seal) (Name) (Title) 33 3434 LOBBYING AND CONFLICT OF INTEREST CLAUSE SWORN STATEMENT UNDER ORDINANCE NO. 010-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE (Company) warrants that he/it has not employed, retained or otherwise had act on his/its behalf any former County officer or employee in violation of Section 2 of Ordinance No. 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: COUNTY OF: Subscribed and sworn to (or affirmed) before me on (date) by (name of affiant). He/She is personally known to me or has produced as identification. (type of identification) NOTARY PUBLIC My commission expires: 34 3535 NON-COLLUSION AFFIDAVIT I, of the city of according to law on my oath, and under penalty of perjury, depose and say that: 1. I am of the firm of the bidder making the Proposal for the project described in the Request for Qualifications for: and that I executed the said proposal with full authority to do so: 2. the prices in this bid have been arrived at independently without collusion, consultation, communication or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any competitor; 3. unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to bid opening, directly or indirectly, to any other bidder or to any competitor; and 4. no attempt has been made or will be made b the bidder to induce any other person, partnership or corporation to submit, or not to submit, a bid for the purpose of restricting competition; 5. the statements contained in this affidavit are true and correct, and made with full knowledge that Monroe County relies upon the truth of the statements contained in this affidavit in awarding contracts for said project. (Signature of Respondent) (Date) STATE OF: COUNTY OF: PERSONALLY APPEARED BEFORE ME, the undersigned authority, who, after first being sworn by me, (name of individual signing) affixed his/her signature in the space provided above on this _ day of 20_. NOTARY PUBLIC My Commission Expires: 35 3636 DRUG-FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: (Name of Business) 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual seNices 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 seNices that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, or any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. Respondent's Signature Date NOTARY PUBLIC My Commission Expires: 36 3737 Respondent's Insurance and Indemnification Statement Insurance Reauirement Reauired Limits Worker's Compensation Statutory Limits Employer's Liability $1000,000/$1,000,000/$1,000,000 General Liability $1,000,000 Combined Single Limit $1,000,000 Combined Single Limit per Occurrence/$1 ,000,000 Aggregate Vehicle Liability Professional Liability $1,000,000 per occurrence $2,000,000 aggregate IDEMNIFICATION AND HOLD HARMLESS FOR CONTRACTORS AND SUBCONTRACTORS The CONTRACTOR covenants and agrees to indemnify, hold harmless and defend Monroe County, its commissioners, officers, employees, agents and servants 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 of any kind, including attorney's fees, court costs and expenses, 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 or omission of the CONTRACTOR, including its Subcontractor(s) in any tier, their officers, employees, servants or agents. In the event that the completion of the project (to include the work of others) is delayed or suspended as a result of the Architect/Engineer/CONTRACTOR's failure to purchase or maintain the required insurance, the Architect/Engineer/CONTRACTOR shall indemnify the County from any and all increased expenses resulting from such delay. Should any claims be asserted against the COUNTY by virtue of any deficiency or ambiguity in the plans and specifications provided by the CONTRACTOR, the CONTRACTOR agrees and warrants that CONTRACTOR shall hold the County harmless and shall indemnify it from all losses occurring thereby and shall further defend any claim or action on the County's behalf. The first ten dollars ($10.00) of remuneration paid to the CONTRACTOR is consideration 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. This indemnification shall survive the expiration or earlier termination of the Agreement. RESPONDENT'S STATEMENT I understand the insurance that will be mandatory if awarded the contract and will comply in full with all the requirements. Respondent Signature 37 3838 INSURANCE AGENT'S STATEMENT I have reviewed the above requirements with the bidder named below. The following deductibles apply to the corresponding policy. POLICY DEDUCTIBLES Liability policies are _Occurrence Claims Made Insurance Agency Signature Print Name: 38 REQUEST FOR PROPOSALS FOR DISASTER RESPONSE AND RECOVERY ADDENDUM NO.1 March 8, 2007 The information contained in this addendum modifies, supplements or replaces the information contained in the Request for Proposals and is hereby made a part of the Contract Documents. SECTION ONE: INSTRUCTION TO RESPONDENTS 1.09 SUBMISSION OF RESPONSES B. Revise sentence one: The response shall be submitted in a sealed envelope clearly marked on the outside, with the Respondents name and "Proposal Statement - Disaster Response and Recovery Services", addressed to the entity and address stated in the Notice of Proposal Statement, on or before 3:00 P.M. local time on April 11, 2007. 1.10 CONTENT OF SUBMISSION Part B, Tabbed Sections: delete the text of Tab 8 Cost Summary and replace with the following: Tab 8. Cost Summary The respondent shall provide a detailed cost summary for the work. The summary should include all costs for equipment and personnel used during all operations. Cost summary shall detail each type of work associated with the Scope of Work, cost basis, and unit cost. Unit costs shall be inclusive of all costs and expenses, and shall be provided for each class of debris. Unit prices shall be provided for each category listed in the Scope of Work, as listed in Schedules One, Two and Three below. Prices for all services in paragraph E, Logistical and Recovery Operation Services of the Scope of Work shall clearly identify the cost and scope of all services required. Costs for services which cannot practically be provided with a detailed breakdown should be provided at "Cost Addendum No.1 Disaster Response and Recovery Services Page 1 of 3 (supported by invoices) plus a fair amount to cover administrative costs, plus a reasonable profit". Respondents should declare that to the best of their knowledge all proposed costs are reasonable and customary for the services listed. SECTION TWO: SCOPE OF WORK Add paragraph E. E. Logistical and Recovery Operation Services · General procurement and logistics from tents to meals ready to eat (MRE), all emergency and support items purchased, warehoused, and delivered · Provide temporary housing, restroom, shower and laundry facilities for emergency workers to include related supplies, services, and maintenance · General (temporary) warehousing and support · Temporary offices, mobile command centers, accommodations and support · Emergency generator services with licensed electrician support to specified facilities to include hauling, installing, servicing and removal · Ice, water and fuel delivery and distribution services to specified facilities · Provide for hazardous waste recovery, disposal and remediation in flooded environments, including canals, to include permitting, testing and related services. · Provide emergency satellite telephone service and/or other necessary communication resource. · Recovery and destruction of dead fish, animals, and livestock · Provide emergency clinics and support personnel SECTION THREE: DRAFT CONTRACT Article III . Additional Services Paragraph 3.1 Revise sentence two: If requested by the COUNTY they shall be paid for as an addition to the compensation paid for the Basic Services but only if approved by the COUNTY before commencement. Delete the following: · Generator supply, installation, maintenance, fueling and repairs · Removal of sand from roads, streets, rights-of-way, screening sand and returning clean sand to beaches or other designated areas Addendum No.1 Disaster Response and Recovery Services Page 2 of 3 · Emergency satellite telephone provision and/or other necessary communication resources · Recovery and destruction of dead fish, animals and livestock · General procurement, logistics and distribution- (tents, Meals-Ready- To-Eat, bottled water, ice, other emergency support items as required) · Temporary housing for emergency workers · Portable wash machines, dryers, toilets and shower units - supplies and maintenance · Provision of certified scales at debris sites to monitor trucks weight · Temporary offices, accommodations and support systems · Emergency clinic and support personnel · Mortuary support/recovery -mobilization and management of temporary morgues (including recovery of floating and displaced coffins and deceased persons) All other items remain as called for in the contract documents. End of Addendum No.1. Addendum No.1 Disaster Response and Recovery Services Page 3 of 3 REQUEST FOR PROPOSALS FOR DISASTER RESPONSE AND RECOVERY SERVICES ADDENDUM NO.2 March 19, 2007 The information contained in this addendum modifies, supplements or replaces the information contained in the Request for Proposals and is hereby made a part of the Contract Documents, and the following information is provided in response to specific questions regarding the subject Request for Proposals: Has there been any other "addendum" issued by the County regarding this solicitation as of this date, March 14, 2007 other than Addendum #1? No. Is there a mandatory on-site (Key West) conference prior to the submission date of this proposal? No. Are there any bid bonds, performance bonds, or payment bonds required for this contract, and of so what are their parameters? No bonds are required When submitting the proposal, are the copies of the actual documents required to be included in the proposal, such as occupational licenses, contractor licenses, and other certificates? Page 33 of the RFP, "Response Form" requires the respondent to provide a list of all current licenses and attach copies. Is/was there a current incumbent who operated this contract previously for Monroe County, and if so are they submitting a proposal for this contract at this time? Addendum No.2 Disaster Response and Recovery Services Page 1 of 2 The current contract with DRC, Inc. expires April 1, 2007. Monroe County Purchasing will accept proposals from all interested bidders until the advertised bid opening date and time. Are three ring binders appropriate binding medium for this proposal's submission? Three ring binders are an acceptable form of binding method. What are the length of years for this contract and are there renewable option years under this contract? The term of the contract is five (5) years, with an option to extend the contract in one year increments, which shall increase the term of the contract no more than five (5) additional years (see contract addition below). Does there need to be separate volumes for the price and cost segment and also that of the technical proposal? Refer to Section One, Tab eight for pricing requirements to be included in Response. SECTION THREE: DRAFT CONTRACT ARTICLE 1 1.1 REPRESENT AT ION AND WARRANTIES Add: 1.1.8 The effective date of this AGREEMENT shall be . The term of AGREEMENT shall be for a five (5) year period, unless otherwise terminated as provided herein. The COUNTY shall have the option of extending the AGREEMENT in one (1) year increments for up to five (5) additional years at the same terms and conditions with approval of the COUNTY'S governing board. Such extension(s) shall be in the form of a written Amendment to the AGREEMENT executed by both parties. All other items remain as called for in the contract documents. End of Addendum No.2. Addendum No.2 Disaster Response and Recovery Services Page 2 of 2 REQUEST FOR PROPOSALS FOR DISASTER RESPONSE AND RECOVERY SERVICES ADDENDUM NO.3 April 3, 2007 The information contained in this addendum modifies, supplements or replaces the information contained in the Request for Proposals and is hereby made a part of the Contract Documents, and the following information is provided in response to specific questions regarding the subject Request for Proposals: With Monroe County Licensure in place, what, if any, other municipalities-licensure would we need for this particular proposal? Contractors are required to be licensed by the State of Florida, and be registered in Monroe County. Contractor licensing inquiries should be directed to Odalys Mayan, Monroe County Building Department, 305 2892583. It is the responsibility of the contractor to obtain all licenses that may be required to perform the Scope of Services. What Pollution Insurance coverage is required? Pollution coverage is required at the levels of $ 5 Million ($5,000,000.00) single occurrence and $ 10 Million ($10,000,000.00) aggregate. Certificates of insurance must be in affect at the time of Contract execution. All other items remain as called for in the contract documents. End of Addendum No.3. Addendum No.3 Disaster Response and Recovery Services Page I of 1 AGREEMENT FOR CONTRACTOR SERVICES for Disaster Response and Recovery Services This Agreement ("Agreement") made and entered into this _day of , 2007 by and between Monroe County, a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida, 33040, its successors and assigns, hereinafter referred to as "COUNTY," through the Monroe County Board of County Commissioners ("BOCC"), AND CrowderGulf Joint Venture. Inc. . a corporation of the State of Florida, whose address is 5435 Business Parkway. Theodore. Alabama 36582 its successors and assigns, hereinafter referred to as "CONTRACTOR", WITNESSETH: WHEREAS, COUNTY desires to employ the professional services of CONTRACTOR for Disaster Response and Recovery Services; and WHEREAS, CONTRACTOR has agreed to provide professional services which shall include but not be limited to providing disaster response services to respond to hurricanes, tornadoes, floods, mass migration, and other natural and manmade events, which services shall collectively be referred to as the "Project"; NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements stated herein, and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, COUNTY and CONTRACTOR agree as follows: FORM OF AGREEMENT ARTICLE 1 1.1 REPRESENTATIONS, AND TERM OF AGREEMENT By executing this Agreement, CONTRACTOR makes the following express representations and warranties to the COUNTY: 1.1.1 The CONTRACTOR shall maintain all necessary licenses, permits or other authorizations necessary to act as CONTRACTOR for the Project until the CONTRACTOR'S duties hereunder have been fully satisfied; 1.1.2 The CONTRACTOR has become familiar with the Project site and the local conditions under which the Work is to be completed. 1.1.3 The CONTRACTOR shall prepare all documentation required by this Agreement in such a manner that they shall be accurate, coordinated and adequate for use in verifying work completed by debris contractors and associated costs and shall be in conformity and comply with all applicable law, codes and regulations. The CONTRACTOR will prepare documents under this Agreement in accordance with industry standards and in a manner consistent with local, state, and federal reimbursement requirements known at the time; 1.1.4 The CONTRACTOR assumes full responsibility to the extent allowed by law with regards to his periormance and those directly under his employ. 1.1.5 The CONTRACTOR'S services shall be periormed as expeditiously as is consistent with professional skill and care and the orderly progress of the Project. In providing all services pursuant to this agreement, the CONTRACTOR shall abide by all statutes, ordinances, rules and regulations pertaining to, or regulating the provisions of such services, including those now in effect and hereinafter adopted. Any violation of said statutes, ordinances, rules and regulations shall constitute a material breach of this agreement and shall entitle the Board to terminate this contract immediately upon delivery of written notice of termination to the CONTRACTOR. 1.1.6 At all times and for all purposes under this agreement the CONTRACTOR is an independent contractor and not an employee of the Board of County Commissioners for Monroe County. No statement contained in this agreement shall be construed so as to find the CONTRACTOR or any of his/her employees, contractors, servants, or agents to be employees of the Board of County Commissioners for Monroe County. 1.1.7 The CONTRACTOR shall not discriminate against any person on the basis of race, creed, color, national origin, sex, age, or any other characteristic or aspect which is not job related, in its recruiting, hiring, promoting, terminating, or any other area affecting employment under this agreement or with the provision of services or goods under this agreement. 1.1.8 The effective date of this agreement shall be The term of the agreement shall be for a five (5) year period, unless otherwise terminated as provided herein. The COUNTY shall have the option of extending the AGREEMENT for one (1) additional five (5) year period at the same terms and conditions with approval from the COUNTY'S Governing Board. Such extension shall be in the form of a written Amendment to the AGREEMENT executed by both parties. ARTICLE II SCOPE OF BASIC SERVICES 2.1 DEFINITION CONTRACTOR'S Scope of Basic Services consists of those described in Attachment A. The CONTRACTOR shall commence work on the services provided for in this Agreement promptly upon his receipt of a written notice to proceed from the COUNTY. The notice to proceed will be in the form of a task order and must contain a description of the services to be periormed, the rate/compensation for services, and the time within which services must be periormed. This clause does not restrict the COUNTY from utilizing its own personnel and equipment or 2 the personnel and/or equipment of municipalities in the County, the personnel and/or equipment of other governmental entities or of any other entities or contractors when the services performed by those entities can be performed with greater speed or less cost to the COUNTY. 2.2 NON-EXCLUSIVE CONTRACT AND AGREEMENT TO COOPERATE The CONTRACTOR agrees that they will be the secondary contractor for the scope of services under this contract and that this is not an exclusive contract. CONTRACTOR agrees that they will be called in to perform work under the contract at the discretion of the COUNTY. CONTRACTOR further agrees that this agreement does not restrict the COUNTY from utilizing its own personnel and equipment or the personnel and/or equipment of municipalities in the County, the personnel and/or equipment of other governmental entities or of any other entities or other contractor(s) when the services performed by those entities can be performed at the discretion of the COUNTY with greater speed or less cost to the COUNTY. In the event that COUNTY determines that it will bring in CONTRACTOR as a secondary contractor to perform portions of the work as defined in the scope of work, the assignment of the work will be done by task order from the COUNTY. It shall be the responsibility of CONTRACTOR to cooperate with the work of the other contractor(s) or entities to complete the work. 2.3 CORRECTION OF ERRORS, OMISSIONS, DEFICIENCIES Due to the emergency nature of the scope of work, the COUNTY may terminate the agreement for cause if the CONTRACTOR persistently refuses or fails to supply enough properly skilled workers, material, or equipment, and/or disregards laws, ordinances, rules regulations or orders of a public authority having jurisdiction or is otherwise is guilty of substantial breach of any provision of the Contract Documents. When any of the above reasons exist, the COUNTY shall give written notice to the CONTRACTOR of intent to terminate and the CONTRACTOR shall have five (5) days to cure the breach. If the breach is not cured to the satisfaction of the COUNTY, the agreement is terminated and the COUNTY has the right to complete the agreement in any manner that it chooses. 2.4 NOTICE REQUIREMENT All written correspondence to the COUNTY shall be dated and signed by an authorized representative of the CONTRACTOR. Any notice required or permitted under this agreement shall be in writing and hand delivered or mailed, postage pre-paid, to the COUNTY by certified mail, return receipt requested, to the following: Mr. David S. Koppel, P.E. Monroe County Engineer 1100 Simonton Street, Room 2-215 Key West, Florida 33040 And: Mr. Thomas Willi Monroe County Administrator 1100 Simonton Street, Room 2-205 Key West, Florida 33040 3 For the CONTRACTOR: John Ramsay CrowderGulf Joint Venture, Inc. President 5435 Business Parkway Theodore, Alabama 36582 ARTICLE III ADDITIONAL SERVICES 3.1 The services described in this Article III are not included in Basic Services. They shall be paid for by the COUNTY as an addition to the compensation paid for the Basic Services but only if approved by the COUNTY before commencement, and are as follows: A. Providing services of CONTRACTOR's for other than the previously listed scope of the Project provided as a part of Basic Services. B. Providing any other services not otherwise included in this Agreement or not customarily furnished in accordance with generally accepted practice. C. Providing representation before public bodies in connection with the Project, upon approval by COUNTY. 3.2 If Additional Services are required, such as those listed above, the COUNTY shall issue a letter requesting and describing the requested services to the CONTRACTOR. The CONTRACTOR shall respond with a fee proposal to perform the requested services. Only after receiving an amendment to the Agreement and a notice to proceed from the COUNTY, shall the CONTRACTOR proceed with the Additional Services. ARTICLE IV COUNTY'S RESPONSIBILITIES 4.1 The COUNTY shall provide full information regarding requirements for the Project including physical location of work, county maintained roads, maps. 4.2 The COUNTY shall designate a representative to act on the COUNTY's behalf with respect to the Project. The COUNTY or its representative shall render decisions in a timely manner pertaining to documents submitted by the CONTRACTOR in order to avoid unreasonable delay in the orderly and sequential progress of the CONTRACTOR'S services. 4.3 Prompt written notice shall be given by the COUNTY and its representative to the CONTRACTOR if they become aware of any fault or defect in the Project or non- conformance with the Agreement Documents. Written notice shall be deemed to have been duly served if sent pursuant to paragraph 2.3. 4 4.4 The COUNTY shall furnish the required information and services and shall render approvals and decisions as expeditiously as necessary for the orderly progress of the CONTRACTOR'S services and work of the contractors. 4.5 The COUNTY's review of any documents prepared by the CONTRACTOR or its subcontractors shall be solely for the purpose of determining whether such documents are generally consistent with the COUNTY's criteria, as, and if, modified. No review of such documents shall relieve the CONTRACTOR of responsibility for the accuracy, adequacy, fitness, suitability or coordination of its work product. 4.6 The COUNTY shall provide copies of necessary documents required to complete the work. 4.7 Any information that may be of assistance to the CONTRACTOR that the COUNTY has immediate access to will be provided as requested. ARTICLE V INDEMNIFICATION AND HOLD HARMLESS The CONTRACTOR covenants and agrees to indemnify, hold harmless and defend COUNTY, its commissioners, officers, employees, agents and servants from any and all claims for bodily injury, including death, personal injury, and property damage, including damage to property owned by Monroe County, and any other losses, damages, and expenses of any kind, including attorney's fees, court costs and expenses, which arise out of, in connection with, or by reason of services provided by CONTRACTOR or its Subcontractor(s) in any tier, occasioned by the negligence, errors, or other wrongful act or omission of the CONTRACTOR, its Subcontractor(s) in any tier, their officers, employees, servants and agents. In the event that 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 COUNTY from any and all increased expenses resulting from such delay. Should any claims be asserted against COUNTY by virtue of any deficiency or ambiguity in the plans and specifications provided by the CONTRACTOR, the CONTRACTOR agrees and warrants that CONTRACTOR hold the County harmless and shall indemnify it from all losses occurring thereby and shall further defend any claim or action on the COUNTY's behalf. The first ten dollars ($10.00) of remuneration paid to the CONTRACTOR is consideration 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. This indemnification shall survive the expiration or earlier termination of the Agreement. ARTICLE VI PERSONNEL 6.1 PERSONNEL 5 CONTRACTOR shall exercise the same degree of care, skill, and diligence in the performance of the services as is ordinarily provided by a comparable professional under similar circumstances. The CONTRACTOR shall assign only qualified personnel to perform any service concerning the project. The CONTRACTOR warrants that skilled and competent personnel to the highest professional standards in the field shall perform all services. ARTICLE VII COM PENSA TION 7.1 PAYMENT SUM 7.1.1 The COUNTY shall pay the CONTRACTOR in current funds for the CONTRACTOR'S performance of this Agreement based on rates negotiated and agreed upon and shown in Attachment A. 7.1.2 Rates shown in Attachment A are inclusive of reimbursable expenses. 7.2 PAYMENTS 7.2.1 For its assumption and performances of the duties, obligations and responsibilities set forth herein, the CONTRACTOR shall be paid monthly. (A) If the CONTRACTOR'S duties, obligations and responsibilities are materially changed by amendment to this Agreement after execution of this Agreement, compensation due to the CONTRACTOR shall be equitably adjusted, either upward or downward; (B) As a condition precedent for any payment due under this Agreement, the CONTRACTOR shall submit monthly, unless otherwise agreed in writing by the COUNTY, a proper invoice to COUNTY requesting payment for services properly rendered. Invoices must reference the task order number and dates of services rendered. Invoices shall be of appropriate audit quality and contain detail to satisfy the requirements of any Federal or State agency, which may provide potential reimbursement of the costs associated with this Agreement. The CONTRACTOR'S invoice shall be accompanied by such documentation or data in support of expenses for which payment is sought at the COUNTY may require. (C) If such state or federal agencies require additional explanation or an adjusted format of the information submitted, CONTRACTOR will make reasonable and necessary changes and provide appropriate personnel as required to work and negotiate with such agencies on the COUNTY's behalf. (D) Each invoice shall be delivered to: Monroe County Board of County Commissioners 1100 Simonton Street, Room 2-215 Key West, Florida 33040 Attn: County Engineer 6 L C Pinson P. O. Box 1726 Santa Rosa Beach, FL 32459 EDUCATION: Auburn University Montgomery 1971-1975 Troy State University EXPERIENCE: 2004-2007 Gulf Equipment Corporation, Project Manager, Marine Division Used the latest available equipment, to side scan and map off shore waters, rivers and canals in Florida, Alabama and Mississippi following Hurricanes Ivan and Katrina. 1988-2004 Self-employed: o Monitor Well Installation, Florida o Remote Sensing, Magnetometer, GPR (Ground Penetrating Radar), mapping of underground utilities, archeological sites and historical sites. o High resolution SSS (Side Scan Sonar) surveys and Pre-cut Timber Recovery (deadhead logging) for State of Florida FDEP 1976-1988 Mineral Exploration Drilling in Western US, Alaska o Supervised Helio-portable drilling crews in Rocky Mountains, Kenai Peninsular, Alaska o Driller/Foreman wire line Core Drilling, Colorado, Utah o Shallow Gas and Oil Driller in Utah, Wyoming and Colorado o Seismic Driller, roughneck, Montana, North Dakota and Wyoming 1973 - 1975 Bridge Iron Worker, Alabama Joseph "Ricky" Jones P. O. Box 360 Frisco, NC 27936 251/379-1871 / Fax 251-459-7433 hatterasmon itor@coastlnet.com EXPERIENCE September 2003 - Present Gulf Equipment Corporation I Theodore, AL Project Manager: Responsible for various projects throughout Central and Southern Florida. Managed sub-contractors and a budget of 2.3 Million Dollars on four (4) separate job locations. Interacted with all levels of government from local to Federal, insuring that all work was completed in a timely manner and within budget, while meeting all FEMA requirements. April 1993 - August 2003 Fin Fantasy Sport-Fishing Charter Inc. I Hatteras, NC Captain: Captain of Commercial Sport-Fishing Boat. Performed boat maintenance, hired and trained boat crews. Developed marketing strategies and advertising. Used the latest navigational instruments and commercial fishing reports to plan and document fishing excursions. April 1980 to April 1993 Citation Sport-Fishing I Hatteras, NC First Mate: First Mate of Commercial Sport-Fishing Boat. Responsible for repair and maintenance of vessel. Prepared manifests and coordinates with the Captain and the Harbor Master for departure and arrivals. Aided with navigation and piloting of the boat when underway. . DISASTER RELIEF OPERATIONS Project Manager: · New York - Snow and Ice Storm · Sanibellsland - Hurricane Charlie · Sanibellsland - Hurricane Wilma · Captiva Island - Hurricane Wilma · Fort Meyers Beach - Hurricane Wilma · Virginia Beach - Hurricane Isabel · Hatteras Island and Dare County - Hurricane Isabel 2003-2006 Oct. '06-Dec. '06 Aug. '06-0ct. '06 Feb. '06-Apr. '06 Oct. 'OS-Feb. '06 Oct. '04- Oct. '05 Aug. '04-Oct. '04 Sep. '03-Jan. '04 2000-2003 1997-2000 1965-1972 1963 Jim Cooper 621 Bottino Lane Virginia Beach, Virginia 23455 USA Home: 757-497 0696 Sprint Cell: 757-343 6006 Nextel Cell: 251-379 2863 Objective Project Superintendent. Qualifications Disaster Cleanup as Supervisor and Project Manager since September, 2003 Chief Petty Officer, USN Retired, 1992 (22 Years) Work History Crowder-Gulf Disaster Cleanup of: Hurricane Katrina, Biloxi Ms. (Supervisor) Hurricane Katrina, Perlington, Ms. (Project Manager) Hurricane Katrina, Pascagoula, Ms. (Supervisor) Hurricane Wilma, West Palm Beach, FI. (Project Manager) Hurricanes Ivan and Dennis, Pensacola, FI. (SupervisorlProject Manager) Hurricanes Francis and Jean, Palm Coast, FI. (Supervisor) Hurricanes Isabel, Norfolk, Va. (Supervisor) Naval Special Warfare Supervisor of Installation and Maintenance of Communications Systems Federal Bureau of Investigation Supervisor of Installation and Maintenance of Communication Systems Ed ucation Various USN schools for Engineman rating and Command Career Counselor Leadership and Supervision High School Pilot High School Thomasville, NC r- ;;+-1 <0' III III 0" ..... 5' 0> ::::J CROWDERGULF Disaster Recovery and Debris Management 5435 Business Parkway Theodore, Alabama 36582 Office: (800) 992-6207 Fax: (251) 654-0470 April 9, 2007 LITIGATiON CrowderGult has not had any litigations on any projects in the last (5) years. John Ramsay President )> 2t e-i o Q) ::;:lc:r !!.-..j (j)' ?'i (II CrowderGulf RFP - Disaster Response and Recovery Services Monroe County, Florida Tab 7 - Additional Services 1. BEACH RESTORATION a. Sand that has been washed from beach unto the road way, public property and private property will be collected and handled to the beach stock piled, screened and placed back on the beach. b. If the County requires contractor to build a berm on the beach, the sand will be shaped per the County requirements. 2. RIVER & CANAL SHORELINE RESTORATION The contractor will study the shoreline damage resulting from a disaster and consult with the County personnel to arrive at a fair per linear foot cost based on hourly equipment costs. 3. RIVER & CANAL DEBRIS REMOVAL The contractor will remove debris from the rivers and canals using shallow draft boats and barges equipped with knuckle-booms or track-hoes with grapples. In shallow water areas with limited access and extremely sensitive areas, the debris will be removed by hand labor. The contractor will consult with the County full of following disaster to determine volume of debris and a fair linear footage price. 4. SUNKEN VESSEL REMOVAL Sunken vessels will be removed using barges with lifting equipment and riggers. 56 I I I I \ I i I I I I I I I I ! I I I i o ~ f"+--il (J)m CO' 300 3' m ~ RFP for CONTRACTOR Services, Disaster Response and Recovery Services SrHEDULE 1 DEBRIS REMOVAL I - . .. Description , Collect & Haul Vegetative ~ ROW ; 0 miles - 15 miles :-- I 15.1 miles - 30 miles >30 miles I '1'1 Collect & Haul Non-Vegetative - ROW o miles - 15 miles I I 15.1 miles - 30 miles i >30 miles r Collect & Haul White Goods - ROW- l 0 miles - 15 miles II 15.1 miles - 30 miles - -_._-~ ~---- > 30 miles Collect & Haul Hazardous Waste - ROW o miles - 15 miles 15.1 miles - 30 miles >30 miles :: Collect & Haul Seaweed- ROW-- o miles - 15 miles 15.1 miles - 30 miles , Tree Stump Removal Less than 6" in diameter 6 and greater but less than 12" in diameter Greater than 12" but less than 24" Greater than 24" but less than 48" 48" and greater TDSR Site Debris Management Vegetative Non-Vegetative White Goods Haul-out of Reduced De_bris_t~ fJ_~~! Disp~osal o miles - 30 miles l 31 miles - 60 miles ~_ ~_1 !!1J~~~~ .100 miles I' 101 miles - 130 miles !' - -Greater than 130 miles- ,j Right of Entry Work ! Remove Vegetative Debris from private property $14.00 , i Demolis-ti ancfRemove NonfiVegetative Debris from pr-ivate .- ---I: ~ nronerty CYD $21.00 J' ~Dis~-osa'l of Animal Carcasses Per U~J!___. __.. $_50.00 : ;: Beach Sand (Screening and Replacement) CYD SI4,OO j NOTE: Right of Entry (ROE) rates apply to clearing debris from private property and hauling to closest public Right of Way (ROW). Standard debris rates apply to further debris handling CYD CYD CYD $12.00 i _ -----J $14.00 ~ ; $16.00 i P' , ~:?1~::3::{~,~~~.-._ _r._ _~_;~ $12.00 $14.00 $16.00 Per Stump Per Stump Per Stump Per Stump Per Stump '"?~ ,.......- $0.00 S] 00.00 ....i; $250.00 $500.0{) S700.00 ~~. oft::- --t:~~}: '~~_~l-~:I~ ~'_~~.~~ CYD CYD CYD $1.40 $1.40 $1.40 CYD CYD CYD $8.50 .....----.--- - - - -- -- - CYD J $9.50 ' ___. _ __==._~_=_=~ ______~ CYO-'-See.'VoteBelow 1 NOTE: For all mileage over 130 Miles add $0.09/ cy / mile to the 101-130 mile unit price. 10 SCHEDULE 2 - UNIT RATE EQUIPMENT PRICE See Hourly Equipment and Labor Rates Enclosed Equipment Type Hourly Equipment Rate Bobcat Loader See Enclosed Rates Bucket Truck w/Onerator See Enclosed Rates Crash Truck w/lmnact Attenuator See Enclosed Rates Dozer Tracked D5 or similar See Enclosed Rates Dozer Tracked D6 or similar See Enclosed Rates Dozer Tracked D7 or similar See Enclosed Rates Dozer Tracked D8 or similar See Enclosed Rates Dumo Truck 18 CY-25 CY See Enclosed Rates DumD Truck 25 CY-35 CY See Enclosed Rates Dumo Truck 35 CY-45 CY See Enclosed Rates Dumo Truck 50 CY or lamer See Enclosed Rates Generator and Liahtina See Enclosed Rates Grader w/12' Blade See Enclosed Rates Hvdraulic Excavator 1.5 CY See Enclosed Rates Hvdraulic Excavator 2.5 CY See Enclosed Rates Knuckleboom Loader See Enclosed Rates Eauioment Transoort See Enclosed Rates Mobile Crane (Adenuate for hanaina limbs/leanina trees) See Enclosed Rates Pickuo Truck .5 Ton See Enclosed Rates Truck Flatbed See Enclosed Rates Water Truck See Enclosed Rates Wheel Loader. 2.5 CY 950 or similar See Enclosed Rates Wheel Loader 3.5 - 4.0 CY 966 or similar See Enclosed Rates Wheel Loader 4.5 CY 980 or similar See Enclosed Rates Wheel Loader-Backhoe 1.0 - 1.5 CY See Enclosed Rates Track Hoe John Deere 690 or similar See Enclosed Rates Stumo Grinder See Enclosed Rates 30 ton or lamer Crane See Enclosed Rates Other See Enclosed Rates See Hourly Equipment and Labor Rates Enclosed SCHEDULE 3 - HOURLY EQUIPMENT AND LABOR PRICE I ;!hnr C;!tAnnrv I-Inllrlv I ;!hnr R;!tA ODe rations Manaaer w/Cell Phone and Pickuo See Enclosed Rates Crew Foreman w/Cell Phone and Pickun See Enclosed Rates Tree Climber/Chainsaw See Enclosed Rates Laborer w/Chain Saw See Enclosed Rates Laborer w/small tools traffic control. flaa Derson See Enclosed Rates 11 CrowderGulf RFP - Disaster Response and Recovery Services Monroe County, Florida HOURLY EQUIPMENT RATES Equipment Description Unit Unit Price UD 544 Wheel Loader with debris Qrapple Hour $120.00 UD 644 Wheel-Loader with debris Qrapple Hour $130.00 Extendaboom Forklift with debris Qrapple Hour $ 95.00 753 Bobcat Skid Steer Loader with debris qrapple Hour $ 75.00 753 Bobcat Skid Steer Loader with bucket Hour $ 75.00 753 Bobcat Skid Steer Loader with street sweeper Hour $ 75.00 30 - 50 HP Farm Tractor with box blade or rake Hour $ 60.00 2 - 2 1/2 cu. yd. Articulated Loader with bucket Hour $130.00 3 - 4 cu. yd. Articulated Loader with bucket Hour $150.00 JD 648E Loq Skidder, or equivalent Hour $120.00 CAT D4 Dozer Hour $ 80.00 CAT 06 Dozer Hour $150.00 CAT D8 Dozer Hour $170.00 CAT125 - 140 HP Motor Grader Hour $120.00 JD 690 Trackhoe with debris grapple . Hour $130.00 JD 690 Trackhoe with bucket & thumb Hour $125.00 Rubber Tired Trackhoe with debris qrapple Hour $125.00 JD 310 Rubber Tire Backhoe with bucket and hoe Hour $ 65.00 Rubber Tired Excavator with debris Qrapple Hour $130.00 210 Prentiss Knuckleboom with debris qrapple Hour $135.00 Self-Loader Scraper Cat 623 or equivalent Hour $195.00 Hand Fed Debris Chipper Hour $ 50.00 Stump Grinder Hour $ 85.00 320 CAT Trackhoe or equivalent w/hvdraulic tree & brush cutter head Hour $250.00 Rubber Tired Loader w/heavv duty brush & tree cutter Hour $300.00 300 - 400 Tub Grinder Hour $350.00 800 -1,000 HP Diamond Z Tub Grinder Hour $520.00 30 Ton Crane Hour $150.00 50 Ton Crane Hour $200.00 100 Ton Crane (8 hour minimum) Hour $275.00 40 - 60' Bucket Truck Hour $160.00 Service Truck Hour $ 60.00 Water Truck Hour $ 70.00 Portable Light Plant Hour $ 25.00 Equipment Transports Hour $ 90.00 8000 qallon Fuel Tanker Hour $ 70.00 Pickup Truck, unmanned Hour $ 14.00 Self-loading Dump Truck with knuckleboom and debris grapple Hour $150.00 Single Axle Dump Truck, 5 - 12 Cu. Yd. Hour $ 45.00 Tandem Dump Truck, 16 - 20 Cu. Yd. Hour $ 63.00 Trailer Dump Truck, 24-40 Cu. Yd. Hour $ 72.00 Trailer Dump Truck, 41-60 Cu. Yd. Hour $ 90.00 Trailer Dump Truck, 61 - 80 Cu. Yd. Hour $110.00 Power Screen Hour $160.00 Stackinq Conveyor Hour $ 35.00 Off Road Trucks Hour $150.00 CrowderGulf RFP - Disaster Response and Recovery Services Monroe County, Florida HOURLY LABOR RATES Personnel Description Unit Unit Price Operations Manager Hour $ 60.00 Superintendent with truck, phone & radio Hour $ 54.00 Foreman with truck, phone & radio Hour $ 48.00 Safetv/Qualitv Control Inspector with vehicle, phone & radio Hour $ 50.00 Inspector with vehicle, phone & radio Hour $ 32.00 Climber with qear Hour $ 90.00 Saw Hand with chainsaw Hour $ 35.00 Laborers & Flaqmen Hour $ 30.00 FEMA Public Assistance Manaqer Hour $130.00 FEMA Documentation Clerk Hour $ 50.00 'T"imekeeper Hour $ 35.00 HazMat Professional Hour $180.00 Household HazMat Inspection & Removal Crew Hour $110.00 Generators from 10 KVV to 300KVV Cost )Ius 20% Materials Description Unit Unit Price Fill Dirt for Stump Holes - Purchased, Placed, and Shaped CY $ 40.00 NOTES: 1. The Equipment, labor and material rates shown above are for tasks requested by the Client which are not covered in the rates (per cubic yard) for normal debris removal and reduction. 2. Pricing includes operator, fuel, and maintenance. Depending on the severity of the disaster, some or all of the above equipment will be required. Crowder-Gulf will ensure sufficient numbers or each type of listed equipment are available to meet the needs for a particular disaster. 3. The listed equipment should cover all possible equipment needs following disaster. Crowder-Gulf has access and contacts for any other equipment that might be required. We will negotiate a rate with the Client if need arises for equipment not on list. () o C::-l ::JQ) .::to- "<0 O. 3 (JJ SECTION FORM: RESPONSE FORMS RESPONSE FORM RESPOND TO: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS c/o PURCHASING DEPARTMENT GATO BUILDING, ROOM 1-213 1100 SIMONTON STREET KEY WEST, FLORIDA 33040 I acknowledge receipt of Addenda No.(s) 1,2 & 3 I have included: o The Submission Response Form o Lobbying and Conflict of Interest Clause_ o Non-Collusion Affidavit o Drug Free Workplace Form _ o Respondent's Insurance and Indemnification Statement o Insurance Agent's Statement In addition, I have included a current copy of the following professional and occupational licenses: Occupational License and Corporation Certificate (Check mark items above. as a reminder that they are included.) Mailing Address: CrowderGulf Telephone: 800-992-6207 5435 Business Parkway Fax: 251-459-7433 /c~~;::>,/ (// / John Ramsay (Name) Date: 04/09/07 Witnes~~d.a... to~ (Seal) Signed: President (Title) 33 To: Ashley Ramsay Fm:Onvia.com Inc 09:04 04/04/07 PG 001 REQUEST FOR PROPOSALS FOR DISASTER RESPONSE AND RECOVERY SERVICES ADDENDUM NO.3 April 3, 2007 The information contained in this addendum modifles, supplements or replaces the information contained in the Request for Proposals and is hereby made a part of the Contract Documents, and the follo\ving information is provided in response to specific questions regarding the subject Request for Proposals: 'Vith Monroe County Licensure in place, what, if any, other municipalities-licensure would we need for this paI1icular proposal? Contractors are required to be licensed by the State of Florida, and be registered in Monroe County. Contractor licensing inquiries should be directed to Odalys Mayan, Monroe County Building Department, 305 289 2583. It is the responsibility of the contractor to obtain all licenses that may be required to perform the Scope of Services. What Pollution Insurance coverage is required'? Pollution coverage is required at the levels of S 5 Million ($5,000,000.00) single occurrence and $ 10 Million ($10,000,000.00) aggregate. Certificates of insurance must be in affect at the time of Contract execution. All other items remain a'i called for in the contmct documents. End of Addendum No.3. Addendum No.3 Disaster Response and Recovery Services Page I of I REQUEST FOR PROPOSALS FOR DISASTER RESPONSE AND RECOVERY SERVICES ADDENDUM NO.2 March 19, 2007 The information contained in this addendum modifies, supplements or replaces the information contained in the Request for Proposals and is hereby made a part of the Contract Documents, and the following information is provided in response to specific questions regarding the subject Request for Proposals: Has there been any other "addendum" issued by the County regarding this solicitation as of this date, March 14,2007 other than Addendum #1? No. Is there a mandatory on-site (Key West) conference prior to the submission date of this proposal? No. Are there any bid bonds, performance bonds, or payment bonds required for this contract, and of so what are their parameters? No bonds are required When submitting the proposal, are the copies of the actual documents required to be included in the proposal, such as occupational licenses, contractor licenses, and other certificates? Page 33 of the RFP, "Response Form" requires the respondent to provide a list of all current licenses and attach copies. Is/was there a current incumbent who operated this contract previously for Monroe County, and if so are they submitting a proposal for this contract at this time? Addendum No.2 Disaster Response and Recovery Services Page 1 of2 The current contract with DRC, Inc. expires Apri11, 2007. Momoe County Purchasing will accept proposals from all interested bidders until the advertised bid opening date and time. Are three ring binders appropriate binding medium for this proposal's submission? Three ring binders are an acceptable form of binding method. What are the length of years for this contract and are there renewable option years under this contract? The term of the contract is five (5) years, with an option to extend the contract in one year increments, which shall increase the term of the contract no more than five (5) additional years (see contract addition below). Does there need to be separate volumes for the price and cost segment and also that of the technical proposal? Refer to Section One, Tab eight for pricing requirements to be included in Response. SECTION THREE: DRAFT CONTRACT ARTICLE 1 1.1 REPRESENTATION AND WARRANTIES Add: 1.1.8 The effective date of this AGREEMENT shall be . The term of AGREEMENT shall be for a five (5) year period, unless otherwise terminated as provided herein. The COUNTY shall have the option of extending the AGREEMENT in one (1) year increments for up to five (5) additional years at the same terms and conditions with approval of the COUNTY'S governing board. Such extension(s) shall be in the form of a written Amendment to the AGREEMENT executed by both parties. All other items remain as called for in the contract documents. End of Addendum No.2. Addendum No.2 Disaster Response and Recovery Services Page 2 of2 REQUEST FOR PROPOSALS FOR DISASTER RESPONSE AND RECOVERY ADDENDUM NO.1 March 8, 2007 The information contained in this addendum modifies, supplements or replaces the information contained in the Request for Proposals and is hereby made a part of the Contract Documents. SECTION ONE: INSTRUCTION TO RESPONDENTS 1.09 SUBMISSION OF RESPONSES B. Revise sentence one: The response shall be submitted in a sealed envelope clearly marked on the outside, with the Respondents name and "Proposal Statement - Disaster Response and Recovery Services", addressed to the entity and address stated in the Notice of Proposal Statement, on or before 3 :00 P.M. local time on April 11, 2007. 1.10 CONTENT OF SUBMISSION Part B, Tabbed Sections: delete the text of Tab 8 Cost Summary and replace with the following: TabS. Cost Summary The respondent shall provide a detailed cost summary for the work. The summary should include all costs for equipment and personnel used during all operations. Cost summary shall detail each type of work associated with the Scope of Work, cost basis, and unit cost. Unit costs shall be inclusive of all costs and expenses, and shall be provided for each class of debris. Unit prices shall be provided for each category listed in the Scope of Work, as listed in Schedules One, Two and Three below. Prices for all services in paragraph E, Logistical and Recovery Operation Services of the Scope of Work shall clearly identify the cost and scope of all services required. Costs for services which cannot practically be provided with a detailed breakdown should be provided at "Cost Addendum No.1 Disaster Response and Recovery Services Page I ofJ (supported by invoices) plus a fair amount to cover administrative costs, plus a reasonable profit". Respondents should declare that to the best of their knowledge all proposed costs are reasonable and customary for the services listed. SECTION TWO: SCOPE OF WORK Add paragraph E. E. Logistical and Recovery Operation Services . General procurement and logistics from tents to meals ready to eat (MRE), all emergency and support items purchased, warehoused, and delivered . Provide temporary housing, restroom, shower and laundry facilities for emergency workers to include related supplies, services, and maintenance . General (temporary) warehousing and support . Temporary offices, mobile command centers, accommodations and support . Emergency generator services with licensed electrician support to specified facilities to include hauling, installing, servicing and removal · Ice, water and fuel delivery and distribution services to specified facilities · Provide for hazardous waste recovery, disposal and remediation in flooded environments, including canals, to include permitting, testing and related services. · Provide emergency satellite telephone service and/or other necessary communication resource. . Recovery and destruction of dead fish, animals, and livestock . Provide emergency clinics and support personnel SECTION THREE: DRAFf CONTRACT Article III - Additional Services Paragraph 3.1 Revise sentence two: If requested by the COUNTY they shall be paid for as an addition to the compensation paid for the Basic Services but only if approved by the COUNTY before commencement. Delete the following: · Generator supply, installation, maintenance, fueling and repairs · Removal of sand from roads, streets, rights-of-way, screening sand and returning clean sand to beaches or other designated areas Addendum No.1 Disaster Response and Recovery Services Page 2 of3 . Emergency satellite telephone provision and/or other necessary communication resources . Recovery and destruction of dead fish, animals and livestock . General procurement, logistics and distribution- (tents, Meals-Ready-To-Eat, bottled water, ice, other emergency support items as required) . Temporary housing for emergency workers . Portable wash machines, dryers, toilets and shower units - supplies and maintenance . Provision of certified scales at debris sites to monitor trucks weight . Temporary offices, accommodations and support systems . Emergency clinic and support personnel . Mortuary support/recovery -mobilization and management of temporary morgues (including recovery of floating and displaced coffins and deceased persons) All other items remain as called for in the contract documents. End of Addendum NO.1. Addendum No.1 Disaster Response and Recovery Services Page 3 of3 AC#;:2 37&~81 ....:,,>.STATE.:Of),FLORIDA ..... .c.. ,~:.;,\ ,},,;~':-,:<::~~';\':, ::~:::;; <~ti~; ~0^iJj~{ ;tt!t!iR~$ifl!I~~i.4~~i~'11~~~~hi1ftJ'oNiii'5!L~i,~ltn~~.t .!;!.!ti1)1'., .t;,t"J~(tJi'j/: ;,:~)(i~~:r:'t!)~<1J . '~',r:fe';':,::::*:,\ij:)r:":'cj"j]:~)Z>F,,:::,~e>' . ." <'~,6'."r;'~ (n-j(:i:~'~~,'..'~r!;:t(~,~e:. ' . ,> ."","-' -'. ,. -,-".; ..~-. ~~-_. .'""-,,,':'-.-',""'" -. -:' ,", -- -", -, ',"-'" '--~-<'-' .--. ','-'.,- - .'-'> - ,-.--.'. -,'" - ' 1 . L:t CENSE,~NBR ' ". . . ...,,:.-- ~-4'~''''t-''\~''.:'''..:'......~.k~.",~.,~^''T ~ "J.2:"}29:;'200~:: o:5:TOf6:'SS9 \~to:.Olit';:B~:. "'~.,'l2.,.t. ''1'h ......"e, '\.'.'fJ U.':.S,.:titt. .-....._ ~_'_s_.-. J.o._' R. .G>>l.' 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'~"'~_;~~I, .'}...:..:...._L..~, -.\:;;-~_:,.,- ~k.,.t~....:.o.;'O.;;:;..._. . ,':- '4 :~,~'. ~\"':i:;.._j''}::-,y,~~,,, () s~:,;a 8;i':2~Oti:~j."<;6"81). c i'~b 4 ';j :ed:d'o 4Oi3'2'7g~ . i$1.e;G~RAl1':CQlrt.~CTo.i~"": . ., <Named'.J3~lcil(:.I9..,CERTII;l~.D ';;~::e(;,_ .'>, , Under the provisions of Chapf;~;r;:L>4~~~.;~~"~ r E~i:r.at.ion,4at~; AUge31v:::. 2q..Qr~';~"';'iHYhi ",)~f i :"',' ;';~~:" 'j?"" ,P,;c"~'j :;:i;ki\ , :~~;~C dOUGH'" i-BIL'tIAMMAT4~LM~'~:'i~~t.. ,i:>';c!,:........ <.".it) 'GULF'EQtrIPMENT''CORPoR.A:TION "01<' 'A~AMl\2m" "r'" 91~.(LR.AMSA~ RD. , . .. :':l'. Tt G~;' .l!}AY\;:cC "c,<AU,':>3 6;l:~~::, 0;.0-:', i.~,"",'~;; ..'J~ avsg" ....'.. .';'~~:1;;i ~~t~ GOVERNOR: "Ap# 21'~ 13(15 .1'ltJ ~;,' ~~. );~~- -:',~' ,:"..'. - .~;~\~-. ~-, ~ ;':~~~>~" :r;t{{iol~%\-" 'S~Q~;: ~;L~~!;~~t' . SECRETARY'" DISPLAY' AS REQl)IREDBY LAW B Q ., of JlI ~tat'- ~". o..,~ ~ . - -~._~- ~lua D irpartmrttt of j5ltatr I certify from the records of this office that CROWDER-GULF JOINT VENTURE, INC. is a corporation organized undei' the laws of the State of Florida, filed on September 3, 2002. The document number of this corporation is P02000095020. I further certify that said corporation has paid all fees due this office through December 31, 2007, that its most recent annual report/uniform business report was filed on March 20, 2007, and its status is active. I further certify that said corporation has not filed Articles of Dissolution. [J Given under my hand and the Great Seal of the State of Florida at Tallahassee, the Capitol, this the Twentieth day of March, 2007 CFl2E022 (01.07) i!~t rt;~. :Rlru(un' ::~l'cn'taru uf;~tntr c LOBBYING AND CONFLICT OF INTEREST CLAUSE SWORN STATEMENT UNDER ORDINANCE NO. 010-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE CrowderGulf (Company) warrants that he/it has not employed, retained or otherwise had act on his/its behalf any former County officer or employee in violation of Section 2 of Ordinance No. 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". John Ramsay, Pr 4/9/2007 STATE OF: COUNTY OF: Mobile Subscribed and sworn to (or affirmed) before me on J\ ~ (\ \ alY.\ \ 8Jj t l- (date) by ;\(jnn m,(\\~l.L\ (name of affiant).~he isGrson~IIY ~n)o me or has produced as Alabama identification. (type of identification) ~t1~u~~ \~Ml\~ MY COMMISSION EXPIRES APRIL 15, 2008 My commission expires: 34 NON-COLLUSION AFFIDAVIT ~ -;-:- I, John Ramsav of the city of Theodore, Alabama according to law on my oath, and under penalty of perjury, depose and say that: 1. I am President of the firm of CrowderGulf the bidder making the Proposal for the project described in the Request for Qualifications for: Disaster Response and Recovery Services and that I executed the said proposal with full authority to do so: 2. the prices in this bid have been arrived at independently without collusion, consultation, communication or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any competitor; 3. unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to bid opening, directly or indirectly, to any other bidder or to any competitor; and 4. no attempt has been made or will be made b the bidder to induce any other person, partnership or corporation to submit, or not to submit, a bid for the purpose of restricting competition; 5. the statements contained in this affidavit are true and correct, and made with full knowledge that Monroe County relies upon the truth of the statements contained in this affidavit in a din contr for said project. ~ nature of Respondent) John Ramsay, President 04/09/07 (Date) STATE OF: Alabama COUNTY OF: Mobile PERSONALLY APPEARED BEFORE ME, the undersigned authority, Jo\l(\~ G.lfB'J ~ 1 who, after first being sworn by IO.rrrA (name of individual signing) affixed his/her signature in the space provided above on this ~ 'uay of -AQr t l J 20DJ. N~~t~L~~NMV My Commission Expires: MY COMMISSION EXPIRES APRIL 15, 2008 35 DRUG-FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: Crowder-Gulf (Name of Business) 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement 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 tn the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, or any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. N~}~~~ MY COMMISSION EXPIRES APRIL 15, 2008 My Commission Expires: 36 Respondent's Insurance and Indemnification Statement Insurance Requirement Required Limits Worker's Compensation Statutory Limits Employer's Liability $1000,000/$1,000,000/$1,000,000 General Liability $1,000,000 Combined Single Limit $1,000,000 Combined Single Limit per Occurrence/$1 ,000,000 Aggregate Vehicle Liability Professional Liability $1,000,000 per occurrence $2,000,000 aggregate IDEMNIFICATION AND HOLD HARMLESS FOR CONTRACTORS AND SUBCONTRACTORS The CONTRACTOR covenants and agrees to indemnify, hold harmless and defend Monroe County, its commissioners, officers, employees, agents and servants 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 of any kind, including attorney's fees, court costs and expenses, 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 or omission of the CONTRACTOR, including its Subcontractor(s) in any tier, their officers, employees, servants or agents. In the event that the completion of the project (to include the work of others) is delayed or suspended as a result of the Architect/Engineer/CONTRACTOR's failure to purchase or maintain the required insurance, the Architect/Engineer/CONTRACTOR shall indemnify the County from any and all increased expenses resulting from such delay. Should any claims be asserted against the COUNTY by virtue of any deficiency or ambiguity in the plans and specifications provided by the CONTRACTOR, the CONTRACTOR agrees and warrants that CONTRACTOR shall hold the County harmless and shall indemnify it from all losses occurring thereby and shall further defend any claim or action on the County's behalf. The first ten dollars ($10.00) of remuneration paid to the CONTRACTOR is consideration 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. This indemnification shall survive the expiration or earlier termination of the Agreement. RESPONDENT'S STATEMENT I understand the insurance that will be mandatory if awarded the contract and will comply in full with all the requirements. John Ramsay, President Respondent 37 INSURANCE AGENrS STATEMENT I have reviewed the above requirements with the bidder named below. The following deductibles apply to the corresponding policy. POLICY DEDUCTIBLES See Sample Insurance Certificate Enclosed... Liability policies are Occurrence Claims Made ~~co/' Sign~ ( Print Name: John Ramsay, President The Gray Insurance Company Insurance Agency 38 ~~~~~~~~~T~~~~~~~~~~~~~~~~~~~ THE GRAY INSURANCE COMPANY CERTIFICATE OF INSURANCE NO 501 CERTI.F1CA TE HOLDER NAMED INSURED o NO Do aU policies contain a Waiver of Subrogation in favor of Certificate Holder if required by written contract? o NO Do all policies e)(ceptthe Workers' Compensation name the Certificate Holder as Additional InSured if required by written contract? o NO Do policies provide 30 days written notice of cancellation to Certificate Holder? i o NO Is coverage under all insurance carried by Named Insured Prinlary Insurance if required by written ccmtract? . "s AMP L E" o NO P NO o NO o NO o NO o NO o NO o NO C!ll YES C!llYES ~YES mYES ~ YES ~YES ~ YES ~YES o NO o NO o NO o NO o NO o NO o NO o NO o NO Crowder Gulf 5535 Business Parkway Theodore, AL 36582-1675 TYPE OF INSURANCE POLICY NUMBER LIMITS OF LIABILITY IN THOUSANDS (000) $ 1,000 $ 1,000 S 1.000 $ 1,000 Unlimited $ 3,000 $ 1,000 $ 1,000 $ 50 $ :> t:i c..l:,cl....("l.,rt rye l.,e 1 ')c 1" cl--. cJ "l<:l..,r bc-l....cf.,r t"'<.:.bc bc1.,c bcbc 1...('1...(' brl.,('l.,c-L,<:l "!(l"r~'c.b POLICY PERIOD WORKERS' COMPENSATION & EMPLOYERS LIABILITY XSWC-070371 09/0112005 WORKERS COMPENSATION 09101/2008 u. S, Longs):IPreu;u:n ',s,and I:{arbor. WorJ.:~rs " C{)~lion A.ct QaveraiP. . Outer Continental Shelf Land Act ]OllC8 Act (inclu.ding Transportation, Wages, Mainrenance, and Cure), Death on the High Seas Act & General Maritime. Law Voluntary Compensation Endorsement Other States Insurance Alternate EmployerlBorrowed Servant Endorsement "In Rem" Endorsement Gulf of Mexico Territorial Extension EMPLOYERS LIABILITY Each Accident Disease - Policy Limit Disease. Bach Employee MARITIME EMPLOYERS LIABILITY GENERAL LIABIlJ'IY Form & Edition Date ISO CG 00-0111/88 XSGL-013022 09/0112005 09/0112008' General Aggregate ProduclB-COmp/QPS Agg. Personal & Advertising Injury Each Occurrence Fire Damage (Anyone fire) Medical Expense (Anyone person) Broad Form Property Damage Liability including X, C, U. Products/Completed Operations Contractual Liability Sudden and Accidental Pollution Liability Occurrence Form Personal Injury "In Rem" Endorsement Cro~ Liability _ WaterciaJt exclusiqn has been modified by the vessels. endorsement on scheduled equlpmenr ~4/LO/L~~{ lL;8~ L81q~~/q~~ Cl:lVI-< PAGE 01/03 DiS4S1F.R DElfiS MoW4GSEVr 5435 BUSINESS PARKWAY THEODORE, ALABAMA 36582 (800) 992-6207 Phone (251) 459-7433 Fax Fax Cover Page To: Dave Parker wI Monroe County Fax: 305-295-4321 From: John Ramsay Message: Attached is the response to your fax and letter dated 4/24/2007. 3 Pages (including cover) L......l.-.,...J-J(~--'..J '-'<;IJ..J!",; r'Alil::.. 11:2/03 CrowderGulf 5435 Business Parkway Theodore, Alabama 36582 Disaster Recovery and Debris Management OffICe: (BOO) 992-6207 Fax: (251) 654-0470 April 26. 3007 Dave Parker. Senior Administrator Monroe County - Engineering Services 1100 Simonton Street. Room 2-216 Key West. FL 33040 RE: Disaster Response and Recovery Services RFP Additional Information / Clarification per Letter dated April 24, 2007 Dear Mr. Parker. Per your request, clarification for the following: PRICING - Schedule 1 - Debris Removal 1. Provide price for collection and hauling of seaweed greater than 30 miles Add SO.09ley/mile to the 15.1-30 mile rate of $17/cy 2. Provide TDSR Site Management charges for seaweed $1.4OIcy 3. Provide price for TDSR Site Management for household hazardous waste $1.40/cy 4. Provide per-unit price for Freon removal for white goods $15.00 per unit 5. Confirm that your price for TDSR Site Management of .white goods" includes all costs other than Freon Removal The $1.401cy for site management of white goods includes all cost except Freon recovery Schedule 2 - Unit Rate EQuiI:Jment Price 1. Confirm price for all equipment includes operator Yes, all equipment pricing Includs operator ~4/LbIL~~( lL:8~ L814:,';l743::l CGDR PAi.:il:. ~::l/El3 Page 2 Addendum #1 Addendum #1 added Logistical and Recovery Operation Services to the basic scope of services: We feel It will be most cost effectiVe for the County If we provide these services at cost p/~ 15%. If we have to price thfUSe services in advance of II disaster, price wHl be based on the very worst case scenario where in reality a large percent of disasters will not be as catastrophic over a large area as say Hurricanes Andrew and Katrina that put a strain on services and supplies nlJt/onwlde.. In those cases CrowderGuff will be able to negotiate with our many national suppliers for a more reasonable price for these services. Even in a catastrophic event /t$ likely we can negotiate lower prices as opposed to supplying a fixed price now that will have to be highly Inflated In an attempt to cover unknowns in future availability and co.t of materials and services. If this idea is not acceptable let me know and we will supply fixed pricing. This should identify and clarify any costs and scope of services. If not, please feel free to contact me directly at 251-402-3677. Best Regards, John Ramsay President Ub~Ll!LUUI 14:LI Lb14b':lf4jj CGDR PAGE 131/132 CrowderGulf Disaster Recovery & Debris Management 5435 Business Parkway Theodore, Alabama 36582 Office: (BOO) 992-6207 Fax: (251) 459-7433 May 21,2007 Ms. Judith S, Clarke, P.E. Assistant County Engineer 1100 Simonton Street Key West, Florida 33040 VIA FAX: 305-295-4321 ;2 p~. k~ Re: Pricing Clarification of TDSR Site Debris Management Dear Ms. Judy, In reviewing the contract we have noticed an oversight on our part as it relates to Attachment A., Part C. Management of Temporary Debris Storage and Reduction (TDSR) Sites. For Vegetative we have quoted a rate of $1.40 per cubic yard however, this rate does not include grinding. Please add an additional $2.75 per cubic yard for a total of $4.15 per cubic yard. The other rates listed for Non-Vegetative, White Goods, Household Hazardous Waste, and Seaweed will remain at $1.40 per cubic yard. We apologize for this miscalculation; please calI me or John (251 -402-3677) if additional clarification is needed. Best regards, As~~ tl:J1 'L1I 'Ltltll 14: L I L:J14:J'::l(433 CGDR PAGE 02/132 C. Management of Temporary Debris Storage and Reduction (TDSR) Sites · Provide sufficient personnel and equipment to operate multiple TOSR sites simultaneously within unincorporated Monroe County · Fully document pre-existing conditions at proposed TOSR sites with photographs and appropriate testing · Prepare each approved TDSR site to accept debris, to include clearing, erosion control, grading, construction and maintenance of haul roads and entrances and installation of inspection towers and security fencing · Establish site layout, including entrance, exit and internal haul roads at each TDSR site · Provide all management, supervision, labor, machines, tools, and equipment necessary to accept, process, reduce, sort, and dispose of disaster related debris. · Provide at least one inspection tower at each TDSR site constructed to pre-approved specifications · Vegetative debris reduction shall be performed by chipping I grinding only · Ensure all debris is properly staged and sorted. · Provide daily and cumulative-to-clate reports for each TDSR site and inspection tower · Ensure TDSR sitsa are secure and not accessible by the public during operation and after working hours · Operate mSR in a manner to minimize disruption to IDeal area; provide dust suppression if necessary. · After all debris has been reduced and hauled to final disposal site, perform site restoration and closeout, to inclUde removal of site equipment (temporary toilets, inspection towers, security fence, etc) and restore the site to pre-work conditions Costs related to testIng to establish TDSR site initial conditions. site mobilization, and site restoration shall be invoiced at CONTRACTOR cost with no mark-up. Unit costs for TDSR site management and debris reduction are on a per cubic yard basis. Costs are inclusive of all work required to manage and reduce debris, except as noted above, (freon removal from white goods Is a separate, per unit cost), and shall be invoiced as follows: Deseri TDSR Site mana ement Ve etative Non- V etative White oods Household Hazardous Waste Seaweed Freon removal from white goods shall be jnvoiced at $75.00 per unit from wflich Freon is removed; the price for Freon removal includes transport and disposal of Freon at an approved disposal site. ATTACHMENT A SCOPE OF BASIC SERVICES and PRICING In the event of a disaster the work and documentation to be performed by the CONTRACTOR will consist of furnishing labor, materials and equipment to accomplish the following types of tasks, as ordered by the COUNTY. All disaster response and recovery services shall be performed in compliance with FEMA and FHWA guidelines. Documentation and reports of work performed shall be in a form suitable for FEMA reimbursement. The tasks may include, but are not be limited to: A. Emergency Debris Clearing from County Rights of Way and Facilities · Immediately after a disaster, provide all necessary equipment, tools and personnel to clear primary roads and critical government facilities of debris to allow emergency vehicles access to areas in need of assistance as directed by the County · Debris should be stacked along edge of pavement on the shoulder of the road and not blocking driveways, side streets or utilities of any kind. · Emergency Debris Removal may require loading the debris, hauling the debris to an approved temporary debris storage and disposal (TDSR) site. · Provide daily reporting to include cumulative, daily, and hourly statistics detailing type of equipment and personnel used. Pricing for Emergency Debris Clearing equipment shall be at the hourly rates detailed as follows (equipment operator included): Eauipment Description Unit Unit Price JD 544 Wheel loader with debris arapple Hour $120.00 JD 644 Wheel loader with debris arapple Hour $130.00 Extendaboom Forklift with debris arapple Hour $95.00 753 Bobcat Skid Steer Loader with debris arapple Hour $75.00 753 Bobcat Skid Steer Loader with bucket Hour $75.00 753 Bobcat Skid Steer Loader with street sweeper Hour $75.00 30-50 HP Farm Tractor with box blade or rake Hour $60.00 2-2 Y2 cu vd Articulated Loader with bucket Hour $130.00 3 -4 cu Vd Articulated Loader with bucket Hour $150.00 JD 648E Loa skidder, or eauivalent Hour $120.00 CAT D4 Dozer Hour $80.00 CAT D6 Dozer Hour $150.00 CA T D8 Dozer Hour $170.00 CAT 125 - 140 HP Motor Grader Hour $120.00 JD 690 Trackhoe with debris arapple Hour $130.00 JD 690 Trackhoe with bucket and thumb Hour $125.00 Rubber tired Trackhoe with debris arapple Hour $125.00 JD 130 Rubber tire backhoe with bucket and hoe Hour $65.00 17 Rubber tire excavator with debris qrapple Hour $130.00 210 Prentiss Knuckleboom with debris arapple Hour $135.00 Self-Loader Scraper Cat 623 or Eauivalent Hour $195.00 Hand fed debris chipper Hour $50.00 Stump qrinder Hour $85.00 320 CAT Trackhoe or equivalent w/hvdraulic tree cutter Hour $250.00 Rubber tired loader w/heavv duty brush & tree cutter Hour $300.00 300-400 HP Tub qrinder Hour $350.00 800 - 1,000 HP Tub qrinder Hour $520.00 30 Ton Crane Hour $150.00 50 Ton Crane Hour $200.00 100 Ton Crane (8 hour minimum) Hour $275.00 40-60' Bucket truck Hour $160.00 Service truck Hour $60.00 Water Truck Hour $70.00 Portable Liaht Plant Hour $25.00 Equipment Transports Hour $90.00 8000 aallon Fuel Tanker Hour $70.00 Pick-up truck, unmanned Hour $14.00 Self-Ioadinq dump truck with Knuckleboom debris arapple Hour $150.00 Sinqle axle Dump Truck, 5-12 cu yds Hour $45.00 Tandem Dump Truck, 16-20 cu vds Hour $63.00 Trailer Dump Truck, 24-40 cu yds Hour $72.00 Trailer Dump Truck, 41-60 cu vds Hour $90.00 Trailer Dump Truck, 61-80 cu yds Hour $110.00 Power Screen Hour $160.00 Stackinq Conveyor Hour $35.00 Off Road Trucks Hour $150.00 Labor rates for Emergency Debris Clearing and other work directed by County which require hourly billing shall be invoiced as follows: Labor Category Hourly Labor Rate Operations Manager $60.00 Superintendent with truck, phone & radio $54.00 Foreman with Truck, phone and radio $48. 00 Safety/Quality Control Inspector with vehicle, phone & radio $50.00 Inspector with vehicle, phone & radio $32.00 Climber with gear $90.00 Saw Hand with chainsaw $35.00 Laborers $ Flagmen $30.00 FEMA Public Assistance Manager $130.00 FEMA Documentation Clerk $50.00 Timekeeper $35.00 Hazmat Professional $180.00 Household Hazmat Inspection and Removal Crew $110.00 18 B. Debris Removal and Disposal from County Roads and Facilities: · Provide all necessary equipment and personnel to load and haul eligible disaster-generated debris to an approved TDSR site. Eligible disaster- related debris will be sorted into clean vegetative, non-vegetative (C&D), seaweed, white goods, and household hazardous waste. · All debris shall be mechanically loaded and reasonably compacted. · Provide control of pedestrian and vehicular traffic in the work area, to include flag persons, signs or other devices necessary to ensure safe debris recovery operations · Provide daily reports on all debris recovery operations, to include all equipment and personnel used. The report shall detail daily and cumulative-to-date statistics on the number of truckloads, number of cubic yards of debris hauled, locations of completed work, and locations of current work for each type of debris recovered. · Identify landfills and/or other final disposal site(s) for all debris. · Haul debris from TDSR sites to final disposal site(s) · Immediately investigate claims of damage to private property and/or County roads and rights-of-way due to debris operations and make repairs at no cost to the County Unit Costs associated with collection and hauling of debris from County rights of way to TDSRs are on a per cubic yard (CYD) basis. Rates are inclusive of all costs and shall be invoiced at the following rates: DescriDtion Unit Unit.~~Jp~ Collect & Haul Veaetative - ROW -- o miles - 15 miles CYD $10.00 15.1 miles - 30 miles CYD $12.00 >30 miles CYD $14.00 ~._------- Collect & Haul Non-Veaetative - ROW o miles - 15 miles CYD $12.00 15.1 miles - 30 miles CYD $14.00 >30 miles CYD $~6.00~ Collect & Haul White Goods - ROW --- o miles - 15 miles CYD $12.00 15.1 miles - 30 miles CYD $14.00 >30 miles CYD $16.00 Collect & Haul Hazardous Waste - ROW /--------- o miles - 15 miles CYD $12.00 15.1 miles - 30 miles CYD $14.00 >30 miles CYD $16.00 ._.....~-,._. ,.-.,.~~.- Collect & Haul Seaweed- ROW ~".'."'~~, $1-4.00 ..- o miles - 15 miles CYD 15.1 miles - 30 miles CYD $17.00 >30 miles see note * CYD * Add $0.09/CY/mile to the 15.1 - 30 mile rate of $17/CY 19 C. Management of Temporary Debris Storage and Reduction (TDSR) Sites · Provide sufficient personnel and equipment to operate multiple TDSR sites simultaneously within unincorporated Monroe County · Fully document pre-existing conditions at proposed TDSR sites with photographs and appropriate testing · Prepare each approved TDSR site to accept debris, to include clearing, erosion control, grading, construction and maintenance of haul roads and entrances and installation of inspection towers and security fencing · Establish site layout, including entrance, exit and internal haul roads at each TDSR site · Provide all management, supervision, labor, machines, tools, and equipment necessary to accept, process, reduce, sort, and dispose of disaster related debris. · Provide at least one inspection tower at each TDSR site constructed to pre-approved specifications · Vegetative debris reduction shall be performed by chipping / grinding only · Ensure all debris is properly staged and sorted. · Provide daily and cumulative-to-date reports for each TDSR site and inspection tower · Ensure TDSR sites are secure and not accessible by the public during operation and after working hours · Operate TDSR in a manner to minimize disruption to local area; provide dust suppression if necessary. · After all debris has been reduced and hauled to final disposal site, perform site restoration and closeout, to include removal of site equipment (temporary toilets, inspection towers, security fence, etc) and restore the site to pre-work conditions Costs related to testing to establish TDSR site initial conditions, site mobilization, and site restoration shall be invoiced at CONTRACTOR cost with no mark-up. Unit costs for TDSR site management and debris reduction are on a per cubic yard basis. Costs are inclusive of all work required to manage and reduce debris, except as noted above, (freon removal from white goods is a separate, per unit cost), and shall be invoiced as follows: Description Unit Unit p~!ce __ TDSR Site manaQement .~......v.,.~ ._-- .-- -.- VeQetative CYD $4.15 Non- VeQetative CYD $1 .40 White aoods CYD $1 .40 Household Hazardous Waste CYD $1 .40 Seaweed CYD $1 .40 Freon removal from white goods shall be invoiced at $75.00 per unit from which Freon is removed; the price for Freon removal includes transport and disposal of Freon at an approved disposal site. 20 Prices for Haul out of reduced debris to Final Disposal site shall be all inclusive and shall be invoiced on a per cubic yard basis as follows: Description Unit Uni! price Haul-out Reduced Debris to Final Disposal Site ..- o - 30 miles CYD $5.00 30- 60 miles CYD $6.50 60-100 miles CYD $8.50 100-130 miles CYD $9.50 > 130 miles (see note below * ) CYD * For all mileage over 130 miles add $0.09/ cy / mile to the 101-130 mile unit rate D. Contractor will identify final disposal locations for all debris classes. Costs associated with landfill tipping fees will be a pass through cost; the CONTRACTOR will invoice the COUNTY at actual cost, without any additional fees. Wherever possible, recycling, or other approved re-use facilities (ie, for metals) will be identified in order to reduce disposal costs. E. Beach Sand Screening and Replacement Provide all necessary equipment and personnel to screen all sand to remove debris deposited by an event. This task includes the pick-up of debris laden sand, hauling debris laden sand to the processing screen located on the beach, processing the debris laden sand and returning clean sand to the approximate original location on the beach as directed by the COUNTY. Debris removed from sand will be picked up, hauled and processed based on scope of work and unit prices for debris removal from COUNTY rights of way. The cost associated with collection, screening and returning sand to the beach is $14.00 per cubic yard. F. Right of Entry Work As directed by the COUNTY, the CONTRACTOR will provide labor, equipment and materials to clear vegetative debris from private property, and demolish and remove non-vegetative debris from private property. Work may include trimming limbs and trees that present a hazard, clearing debris from private property and hauling it to the closest public right of way. Work will not proceed until appropriate rights of entry forms and hold harmless agreements are obtained. The following rates apply for right of entry work: Vegetative debris - $14.00 per cubic yard Non-vegetative debris - $21.00 per cubic yard G. Tree and Limb Removal · Provide all equipment, tools and personnel to safely remove hazardous leaning trees, hanging tree limbs as directed by Monroe County 21 · Provide control of pedestrian and vehicular traffic in the work area, to include flag persons, signs or other devices necessary to ensure safe tree/limb removal operations · Ensure that strict Right-of-Entry procedures are followed for any hazardous tree or limb removal operations or performed which affect private property. · As directed by the County, remove all hazardous tree stumps, both uprooted and intact The cost of Tree and Limb removal shall be invoiced at the hourly rates for equipment and labor. Tree Stump removal shall be invoiced as follows: Unit Unit rice Per Stum Per Stum Per Stum Per Stum Per Stum $0.00 $100.00 $250.00 $500.00 $700.00 H. Logistical and Recovery Operation Services · General procurement and logistics from tents to meals ready to eat (MRE), all emergency and support items purchased, warehoused, and delivered · Provide temporary housing, restroom, shower and laundry facilities for emergency workers to include related supplies, services, and maintenance . General (temporary) warehousing and support · Temporary offices, mobile command centers, accommodations and support · Emergency generator services with licensed electrician support to specified facilities to include hauling, installing, servicing and removal · Ice, water and fuel delivery and distribution services to specified facilities · Provide for hazardous waste recovery, disposal and remediation in flooded environments, including canals, to include permitting, testing and related services. · Provide emergency satellite telephone service and/or other necessary communication resource. · Recovery and destruction of dead fish, animals, and livestock · Provide emergency clinics and support personnel The CONTRACTOR shall supply Logistical and Recovery Services as directed by the COUNTY, during the emergency event. Invoicing for Logistical and Recovery Services shall and equipment shall be invoiced as follows: EQUIPMENT UNIT UNIT COST TENTS Tent Setup Fee 120' x 60' Commercial Size Tent Tents - 60' x 100' x 7'; Sleeps 500 Tents - 30' x 90' x 7'; Sleeps 125 Each Month Week Week $ 230.00 $ 9,600.00 $ 2,220.00 $ 1,260.00 22 Tents - 30' x 60' x 7'; Sleeps 100 Week $ 880.00 Tents - Popup 10' x 10' Each $ 135.00 EQUIPMENT UNIT UNIT COST Meals Ready to Eat (MRE) - 12/case Case $ 54.00 Emergency Preparedness Meal Kits (EP Meal Kits) - 12/case Case $ 52.00 Catering - Hot Meals (per man per day) $ 27.00 TEMPORARY HOUSING 8x20 Bunkhouse w/ Bath Month $ 1,940.00 8x20 Bunkhouse w/o Bath Month $ 1,565.00 8x40 Bunkhouse Month $ 2,600.00 8x40 15-Man Sleeper Month $ 2,560.00 10x20 Bunkhouse Month $ 1,820.00 10x32 10-Man Bunkhouse Month $ 2,315.00 10x40 12-Man Bunkhouse Month $ 2,440.00 12x24 Sleeper Month $ 2,815.00 12x33 Sleeper Month $ 3,750.00 RESTROOMSI SHOWERS Portable Restroom - ($15 delivery - 28 day) Month $ 92.00 Hand-washing Unit - (2 station - $25 del - 28 day) Month $ 125.00 Weekend Additional Service Unit $ 35.00 After-hour night service Unit $ 35.00 On-site Attendant (customer provide fuel, food, water) Day $ 900.00 28' Mobile Restroom or Shower Trailer (2 week rental) Unit $ 2,250.00 Holding Tank for trailer waste (4 per trailer) Tank $ 70.00 Pump-out Service on Restroom or Shower Trailer Each $ 190.00 Janitorial Service on Restroom or Shower Trailer Each $ 125.00 Water Buffalo Trailer - 1000 gallon w/ pump Each $ 200.00 LAUNDRY 8x10 Laundry with 2 Washers and 3 Dryers Month $ 1,560.00 8x40 Laundry Month $ 3,525.00 12x12 Wash Room Month $ 1,600.00 12x18 Laundry Month $ 1,900.00 STORAGE 8x20 Storage Month $ 220.00 8x40 Storage Month $ 285.00 8' Wide Storage Deck Month $ 460.00 10' Wide Storage Deck Month $ 585.00 8x8 to 8x10 Grocery Box Month $ 365.00 OFFICE 23 Office Trailer Day $ 200.00 8x8 Office Month $ 940.00 8x8 Log Unit Month $ 1,940.00 EQUIPMENT UNIT UNIT COST OFFICE 8x10 Office Month $ 1,070.00 8x20 Office Month $ 1,565.00 8x28 Modular Unit Week $ 315.00 8x40 Office Month $ 1,940.00 8x40 Conference Room Month $ 2,320.00 1 Ox20 Office Month $ 1,690.00 10x44 Modular Unit Week $ 570.00 12x12 Office Month $ 2,070.00 12x24 Office Month $ 2,815.00 12x33 Office Month $ 3,750.00 12x60 Modular Unit Week $ 800.00 MOBILE COMMAND CENTER MCC1 - Prime Power Command Post Week $ 8,400.00 GENERATORS Generator - 10kw Week $ 650.00 Generator - 15kw Week $ 790.00 Generator - 25kw Week $ 1,330.00 Generator - 50kw Week $ 1,765.00 Generator - 75kw Week $ 1,960.00 Generator - 100kw Week $ 2,240.00 Generator - 125kw Week $ 2,660.00 Generator - 150kw Week $ 2,950.00 Generator - 175kw Week $ 3,300.00 Generator - 200kw Week $ 3,850.00 Generator - 250kw Week $ 4,340.00 Generator - 350kw Week $ 5,180.00 Generator - 500kw Week $ 6,405.00 Generator - 750kw Week $ 9,450.00 Generator - 1000kw Week $ 10,850.00 Generator - 1500kw Week $15,190.00 Generator - 1750kw Week $ 17,535.00 AMP PANELS 600 Amp Line Panel Week $ 865.00 800 Amp Line Panel Week $ 1,150.00 1200 Amp Line Panel Week $ 1,725.00 TRANSFORMERS 24 45 kV A Transformer Week $ 250.00 100 kV A Transformer Week $ 325.00 150 kV A Transformer Week $ 415.00 EQUIPMENT UNIT UNIT COST TRANSFORMERS 225 kV A Transformer Week $ 490.00 300 kV A Transformer Week $ 655.00 400 kV A Transformer Week $ 895.00 500 kV A Transformer Week $ 1,120.00 750 kV A Transformer Week $ 1,655.00 1000 kV A Transformer Week $ 2,210.00 1500 kV A Transformer Week $ 3,315.00 2000 kV A Transformer Week $ 4,415.00 LIGHTS 4000 Watt Light Tower Week $ 470.00 6000 Watt Light Tower Week $ 500.00 Portable Light Plant Hour $ 25.00 Trailer Mounted Flood Light Set w/ Generator Hour $ 23.00 Generator and Lighting Hour $ 35.00 Electrical Cord Section (50') Day $ 20.00 Generator Cable P/F/W $ 4.00 Power Cords (4 per Site) Week $ 302.00 Power Distribution Box (Spider Boxes) Week $ 140.00 ICE Ice - 200 Ibs/pallet Pallet $ 312.00 REFRIGERATOR UNIT 8x40 Refrigerator Unit Month $ 5,415.00 Walk in Cooler Week $ 503.00 8x40 Walk-in Freezer (3 per Site) Week $ 9,450.00 Walk in Freezer Week $ 503.00 WATER Water: 1 Gallon Bottles; 6 per Case Case $ 5.20 Water: Truckload; 5,040 Gallon Bottles Truck $ 4,195.00 FUEL Market Price plus 15% PHONE Hand Held Satellite Phone Day $ 100.00 SATELLITE 25 Portable Satellite System ($1.85 per minute air time charge) COMPUTER Computer, Laptop or Table Top (per unit) MEDICAUMISCELLANEOUS Field Hospital Shelter - 20x20 (purchase price) Casualty Management Shelter - 24x16 (purchase price) Small Temporary Morgue Shelter - 15x16 (purchase price) First Response Shelter - 20x11 (purchase price) 8x8 4-Man Emergency Quarters 8x10 Medical Treatment Center 8x20 Medical 8x40 Changing Room 8x40 Convenience Store/Postal Distribution Center Medical Staffing Disposal of Animal Carcasses 26 Week Each Each Each Each Month Month Month Month Month Per Unit $ 925.00 $ 25,500.00 $ 18,800.00 $19,100.00 $ 16,300.00 $ 1,235.00 $ 1,940.00 $ 3,200.00 $ 2,750.00 $ 2,750.00 (Cost + 20%) $50.00 Attachment B FHW A - 1273 REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONSTRUCTION CONTRACTS I. II. III. IV. V. VI. VII. VIII. IX. X. XI. XII. Page 1 1 3 3 5 5 5 6 6 General ....... Nondiscrimination .... Nonsegregated Facilities ...... Payment of Predetermined Minimum Wage Statements and Payrolls . . . . . . . . . . . Record of Materials, Supplies, and Labor .. Subletting or Assigning the Contract Safety: Accident Prevention . . . . . . . . . False Statements Concerning Highway Projects Implementation of Clean Air Act and Federal Water Pollution Control Act ...................... Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion Certification Regarding Use of Contract Funds for Lobbying ............................. ATTACHMENTS Employment Preference for Appalachian Contracts (included in Appalachian contracts only) I. GENERAL A. 1. These contract provisions shall apply to all work performed on the contract by the contractor's own organization and with the assistance of workers under the contractor's immediate superinten- dence and to all work performed on the contract by piecework, station work, or by subcontract. 2. Except as othelWise provided for in each section, the contractor shall insert in each subcontract all of the stipulations contained in these Required Contract Provisions, and further require their inclusion in any lower tier subcontract or purchase order that may in turn be made. The Required Contract Provisions shall not be incorporated by reference in any case. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with these Required Contract Provisions. 3. A breach of any of the stipulations contained in these Required Contract Provisions shall be sufficient grounds for termination of the contract. 4. A breach of the following clauses of the Required Contract Provisions may also be grounds for debarment as provided in 29 CFR 5.12: Section I, paragraph 2; Section IV, paragraphs 1, 2, 3, 4, and 7; Section V, paragraphs 1 and 2a through 2g. 5. Disputes arising out of the labor standards provisions of Section IV (except paragraph 5) and Section V of these Required Contract Provisions shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the U.S. Department of Labor (DOL) as set forth in 29 CFR 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the DOL, or the contractor's employees or their representatives. 6. Selection of labor: During the performance of this contract, the contractor shall not: a. discriminate against labor from any other State, possession, or territory of the United States (except for employment preference for Appalachian contracts, when applicable, as specified in Attachment A), or b. employ convict labor for any purpose within the limits of the project unless it is labor performed by convicts who are on parole, supervised release, or probation. II. NONDISCRIMINATION (Applicable to all Federal-aid construction contracts and to all Form FHWA-1273 (Rev. 3-94) 6 6 8 related subcontracts of $10.000 or more.) 1. Equal Employment Opportunity: Equal employment opportu- nity (EEO) requirements not to discriminate and to take affirmative action to assure equal opportunity as set forth under laws, executive orders, rules, regulations (28 CFR 35, 29 CFR 1630 and 41 CFR 60) and orders of the Secretary of Labor as modified by the provisions prescribed herein, and imposed pursuant to 23 U.S.C. 140 shall constitute the EEO and specific affirmative action standards for the contractor's project activities under this contract. The Equal Opportu- nity Construction Contract Specifications set forth under 41 CFR 60- 4.3 and the provisions of the American Disabilities Act of 1990 (42 U.S.C. 12101 et ~.) set forth under 28 CFR 35 and 29 CFR 1630 are incorporated by reference in this contract. In the execution of this contract, the contractor agrees to comply with the following minimum specific requirement activities of EEO: a. The contractor will work with the State highway agency (SHA) and the Federal Government in carrying out EEO obligations and in their review of his/her activities under the contract. b. The contractor will accept as his operating policy the following statement: "It is the policy of this Company to assure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, sex, color, national origin, age or disability. Such action shall include: employment, upgrading, demotion, or transfer: recruitment or recruitment advertising; layoff or termination; rates of payor other forms of compensation; and selection for training. including apprentice- ship, preapprenticeship, and/or on-the-job training." 2. EEO Officer: The contractor will designate and make known to the SHA contracting officers an EEO Officer who will have the responsibility for and must be capable of effectively administering and promoting an active contractor program of EEO and who must be assigned adequate authority and responsibility to do so. 3. Dissemination of Policy: All members of the contractor's staff who are authorized to hire, supervise, promote, and discharge employees, or who recommend such action, or who are substantially involved in such action, will be made fully cognizant of, and will implement, the contractor's EEO policy and contractual responsibili- ties to provide EEO in each grade and classification of employment. To ensure that the above agreement will be met, the following actions will be taken as a minimum: a. Periodic meetings of supervisory and personnel office employees will be conducted before the start of work and then not less often than once every six months, at which time the contractor's EEO policy and its implementation will be reviewed and explained. The meetings will be conducted by the EEO Officer. b. All new supervisory or personnel office employees will be given a thorough indoctrination by the EEO Officer, covering all major aspects of the contractor's EEO obligations within thirty days following their reporting for duty with the contractor. c. All personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer in the contractor's procedures for locating and hiring minority group employees. d. Notices and posters setting forth the contractor's EEO policy will be placed in areas readily accessible to employees, applicants for employment and potential employees. e. The contractor's EEO policy and the procedures to imple- ment such policy will be brought to the attention of employees by means of meetings, employee handbooks, or other appropriate means. 4. Recruitment: When advertising for employees, the contractor will include in all advertisements for employees the notation: "An Equal Opportunity Employer. n All such advertisements will be placed Page 1 in publications having a large circulation among minority groups in the area from which the project work force would normally be derived. a. The contractor will, unless precluded by a valid bargaining agreement, conduct systematic and direct recruitment through public and private employee referral sources likely to yield qualified minority group applicants. To meet this requirement, the contractor will identify sources of potential minority group employees, and establish with such identified sources procedures whereby minority group applicants may be referred to the contractor for employment consider- ation. b. In the event the contractor has a valid bargaining agreement providing for exclusive hiring hall referrals, he is expected to observe the provisions of that agreement to the extent that the system permits the contractor's compliance with EEO contract provisions. (The DOL has held that where implementation of such agreements have the effect of discriminating against minorities or women, or obligates the contractor to do the same, such implementation violates Executive Order 11246, as amended.) c. The contractor will encourage his present employees to refer minority group applicants for employment. Information and proce- dures with regard to referring minority group applicants will be discussed with employees. 5. Personnel Actions: Wages, working conditions, and employee benefits shall be established and administered, and personnel actions of every type, including hiring, upgrading, promotion, transfer, demotion, fayoff, and termination, shall be taken without regard to race, color, religion, sex, national origin, age or disability. The following procedures shall be followed: a. The contractor will conduct periodic inspections of project sites to insure that working conditions and employee facilities do not indicate discriminatory treatment of project site personnel. b. The contractor will periodically evaluate the spread of wages paid within each classification to determine any evidence of discrimi- natory wage practices. c. The contractor will periodically review selected personnel actions in depth to determine whether there is evidence of discrimina- tion. Where evidence is found, the contractor will promptly take corrective action. If the review indicates that the discrimination may extend beyond the actions reviewed, such corrective action shall include all affected persons. d. The contractor will promptly investigate all complaints of alleged discrimination made to the contractor in connection with his obligations under this contract, will attempt to resolve such com- plaints, and will take appropriate corrective action within a reasonable time. If the investigation indicates that the discrimination may affect persons other than the complainant, such corrective action shall Include such other persons. Upon completion of each investigation, the contractor will inform every complainant of all of his avenues of appeal. 6. Training and Promotion: a. The contractor will assist in locating, qualifying, and increasing the skills of minority group and women employees, and applicants for employment. b. Consistent with the contractor's work force requirements and as permissible under Federal and State regulations, the contractor shall make full use of training programs, i.e., apprenticeship, and on-the-job training programs for the geographical area of contract performance. Where feasible, 25 percent of apprentices or trainees in each occupation shall be in their first year of apprenticeship or training. In the event a special provision for training is provided under this contract, this subparagraph will be superseded as indicated in the special provision. c. The contractor will advise employees and applicants for employment of available training programs and entrance require- ments for each. d. The contractor will periodically review the training and promotion potential of minority group and women employees and will encourage eligible employees to apply for such training and promo- tion. 7. Unions: If the contractor relies in whole or in part upon unions as a source of employees, the contractor will use his/her best efforts to obtain the cooperation of such unions to increase opportunities for Page 2 minority groups and women within the unions, and to effect referrals by such unions of minority and female employees. Actions by the contractor either directly or through a contractor's association acting as agent will include the procedures set forth below: a. The contractor will use best efforts to develop, in coopera- tion with the unions, joint training programs aimed toward qualifying more minority group members and women for membership in the unions and increasing the skills of minority group employees and women so that they may qualify for higher paying employment. b. The contractor will use best efforts to incorporate an EEO clause into each union agreement to the end that such union will be contractually bound to refer applicants without regard to their race, color, religion, sex, national origin, age or disability. c. The contractor is to obtain information as to the referral practices and policies of the labor union except that to the extent such information is within the exclusive possession of the labor union and such labor union refuses to furnish such information to the contractor, the contractor shall so certify to the SHA and shall set forth what efforts have been made to obtain such information. d. In the event the union is unable to provide the contractor with a reasonable flow of minority and women referrals within the time limit set forth in the collective bargaining agreement, the contractor will, through independent recruitment efforts, fill the employment vacancies without regard to race, color, religion, sex, national origin, age or disability; making full efforts to obtain qualified and/or qualifiable minority group persons and women. (The DOL has held that it shall be no excuse that the union with which the contractor has a collective bargaining agreement providing for exclusive referral failed to refer minority employees.) In the event the union referral practice prevents the contractor from meeting the obligations pursuant to Executive Order 11246. as amended, and these special provisions, such contractor shall immediately notify the SHA. 8. Selection of Subcontractors, Procurement of Materials and Leasing of Equipment: The contractor shall not discriminate on the grounds of race, color, religion, sex, national origin, age or disability in the selection and retention of subcontractors, including procure- ment of materials and leases of equipment. a. The contractor shall notify all potential subcontractors and suppliers of his/her EEO obligations under this contract. b. Disadvantaged business enterprises (DB E), as defined in 49 CFR 23, shall have equal opportunity to compete for and perform subcontracts which the contractor enters into pursuant to this contract. The contractor will use his best efforts to solicit bids from and to utilize DBE subcontractors or subcontractors with meaningful minority group and female representation among their employees. Contractors shall obtain lists of DBE construction firms from SHA personnel. c. The contractor will use his best efforts to ensure subcontrac- tor compliance with their EEO obligations. 9. Records and Reports: The contractor shall keep such records as necessary to document compliance with the EEO requirements. Such records shall be retained for a period of three years following completion of the contract work and shall be available at reasonable times and places for inspection by authorized representatives of the SHA and the FHWA. a. The records kept by the contractor shall document the following: (1) The number of minority and non-minority group members and women employed in each work classification on the project; (2) The progress and efforts being made in cooperation with unions, when applicable, to increase employment opportunities for minorities and women; (3) The progress and efforts being made in locating, hiring, training, qualifying, and upgrading minority and female employees; and (4) The progress and efforts being made in securing the services of DBE subcontractors or subcontractors with meaningful minority and female representation among their employees. b. The contractors will submit an annual report to the SHA Form FHWA-1273 (Rev. 3-94) each July for the duration of the project, indicating the number of minority, women, and non-minority group employees currently engaged in each work classification required by the contract work. This information is to be reported on Form FHWA-1391. If on-the job training is being required by special provision, the contractor will be required to collect and report training data. III. NONSEGREGATED FACILITIES (Applicable to all Federal-aid construction contracts and to all related subcontracts of $10,000 or more.) a. By submission of this bid, the execution of this contract or subcontract, or the consummation of this material supply agreement or purchase order, as appropriate, the bidder, Federal-aid construc- tion contractor, subcontractor, material supplier, or vendor, as appropriate, certifies that the firm does not maintain or provide for its employees any segregated facilities at any of its establishments, and that the firm does not permit its employees to perform their services at any location, under its control, where segregated facilities are maintained. The firm agrees that a breach of this certification is a violation of the EEO provisions of this contract. The firm further certifies that no employee will be denied access to adequate facilities on the basis of sex or disability. b. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas. timeclocks, locker rooms, and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive, or are, in fact, segregated on the basis of race, color, religion, national origin, age or disability, because of habit, local custom, or otherwise. The only exception will be for the disabled when the demands for accessibility override (e.g. disabled parking). c. The contractor agrees that it has obtained or will obtain identical certification from proposed subcontractors or material suppliers prior to award of subcontracts or consummation of material supply agreements of $10,000 or more and that it will retain such certifications in its files. IV. PAYMENT OF PREDETERMINED MINIMUM WAGE (Applicable to all Federal-aid construction contracts exceeding $2.000 and to all related subcontracts, except for projects located on roadways classified as local roads or rural minor collectors, which are exempt. ) 1. General: a. All mechanics and laborers employed or working upon the site of the work will be paid unconditionally and not less often than once a week and without subsequent deduction or rebate on any account [except such payroll deductions as are permitted by regulations (29 CFR 3) issued by the Secretary of Labor under the Copeland Act (40 U.S.C. 276c)] the full amounts of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment. The payment shall be computed at wage rates not less than those contained in the wage determination of the Secretary of Labor (hereinafter "the wage determination") which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor or its subcon- tractors and such laborers and mechanics. The wage determination (including any additional classifications and wage rates conformed under paragraph 2 of this Section IV and the DOL poster (WH-1321) or Form FHWA-1495) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. For the purpose of this Section, contributions made or costs reasonably anticipated for bona fide fringe benefits under Section 1 (b )(2) of the Davis-Bacon Act (40 U. S. C. 276a) on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of Section IV, paragraph 3b, hereof. Also, for the purpose of this Section, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds. or programs, which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in paragraphs 4 and 5 of this Section IV. Form FHWA-1273 (Rev. 3-94) b. Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein. provided, that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. c. All rulings and interpretations of the Davis-Bacon Act and related acts contained in 29 CFR 1, 3, and 5 are herein incorporated by reference in this contract. 2. Classification: a. The SHA contracting officer shall require that any class of laborers or mechanics employed under the contract, which is not listed in the wage determination, shall be classified in conformance with the wage determination. b. The contracting officer shall approve an additional classifica- tion, wage rate and fringe benefits only when the following criteria have been met: (1) the work to be performed by the additional classifica- tion requested is not performed by a classification in the wage determination; (2) the additional classification is utilized in the area by the construction industry; (3) the proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination; and (4) with respect to helpers, when such a classification prevails in the area in which the work is performed. c. If the contractor or subcontractors, as appropriate, the laborers and mechanics (if known) to be employed in the additional classification or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the DOL, Administratorofthe Wage and Hour Division, Employment Standards Administration, Washington, D.C. 20210. The Wage and Hour Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contract- ing officer within the 30-day period that additional time is necessary. d. In the event the contractor or subcontractors, as appropri- ate, the laborers or mechanics to be employed in the additional classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Wage and Hour Administrator for determination. Said Administrator, or an authorized representative, will issue a determina- tion within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary e. The wage rate (including fringe benefits where appropriate) determined pursuant to paragraph 2c or 2d of this Section IV shall be paid to all workers performing work in the additional classification from the first day on which work is performed in the classification. 3. Payment of Fringe Benefits: a. Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor or subcontractors, as appropriate, shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly case equivalent thereof. b. If the contractor or subcontractor, as appropriate, does not make payments to a trustee or other third person, he/she may consider as a part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, provided, that the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. Page 3 4. Apprentices and Trainees (Programs of the U.S. DOL) and Helpers: a. Apprentices: (1) Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the DOL, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State apprenticeship agency recognized by the Bureau, or if a person is employed in his/her first 90 days of probationary employ- ment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State apprenticeship agency (where appropriate) to be eligible for probationary employ- ment as an apprentice. (2) The allowable ratio of apprentices to journeyman-level employees on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any employee listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate listed in the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor or subcontractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the joumeyman-Ievel hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. (3) Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeyman-level hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator for the Wage and Hour Division determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. (4) In the eventlhe Bureau of Apprenticeship and Training, or a State apprenticeship agency recognized by the Bureau, with- draws approval of an apprenticeship program, the contractor or subcontractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the comparable work performed by regular employees until an acceptable program is approved. b. Trainees: (1) Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the DOL, Employment and Training Administration. (2) The ratio of trainees to journeyman-level employees on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. (3) Every trainee must be paid at not less than the rate specified in the approved program for his/her level of progress, expressed as a percentage of the journeyman-level hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the proviSions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Page 4 Division determines that there is an apprenticeship program associ- ated with the corresponding joumeyman-level wage rate on the wage determination which provides for less than full fringe benefits for apprentices, in which case such trainees shall receive the same fringe benefits as apprentices. (4) In the event the Employment and Training Administra- tion withdraws approval of a training program, the contractor or subcontractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. c. Helpers: Helpers will be permitted to work on a project if the helper classification is specified and defined on the applicable wage determination or is approved pursuant to the conformance procedure set forth in Section IV.2. Any worker listed on a payroll at a helper wage rate, who is not a helper under a approved definition, shall be paid not less than the applicable wage rate on the wage determina- tion for the classification of work actually performed. 5. Apprentices and Trainees (Programs of the U.S. DOT): Apprentices and trainees working under apprenticeship and skill training programs which have been certified by the Secretary of Transportation as promoting EEO in connection with Federal-aid highway construction programs are not subject to the requirements of paragraph 4 of this Section IV. The straight time hourly wage rates for apprentices and trainees under such programs will be established by the particular programs. The ratio of apprentices and trainees to journeymen shall not be greater than permitted by the terms of the particular program. 6. Withholding: The SHA shall upon its own action or upon written request of an authorized representative of the DOL withhold, or cause to be withheld, from the contractor or subcontractor under this contract or any other Federal contract with the same prime contractor, or any other Federally-assisted contract subject to Davis-Bacon prevailing wage requirements which is held by the same prime contractor, as much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontrac- tor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice. trainee, or helper, employed or working on the site of the work, all or part of the wages required by the contract, the SHA contracting officer may, after written notice to the contractor, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. 7. Overtime Requirements: No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers. mechanics, watchmen, or guards (including apprentices, trainees, and helpers described in paragraphs 4 and 5 above) shall require or permit any laborer, mechanic, watchman, or guard in any workweek in which he/she is employed on such work, to work in excess of 40 hours in such workweek unless such laborer, mechanic, watchman, or guard receives compensation at a rate not less than one-and-one-half times his/her basic rate of pay for all hours worked in excess of 40 hours in such workweek. 8. Violation: Liability for Unpaid Wages; Liquidated Damages: In the event of any violation of the clause set forth in paragraph 7 above, the contractor and any subcontractor responsible thereof shall be liable to the affected employee for his/her unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory) for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer, mechanic, watchman, or guard employed in violation of the clause set forth in paragraph 7, in the sum of $10 for each calendar day on which such employee was required or permit- ted to work in excess of the standard work week of 40 hours without payment of the overtime wages required by the clause set forth in paragraph 7. 9. Withholding for Unpaid Wages and Liquidated Damages: Form FHWA-1273 (Rev. 3-94) The SHA shall upon its own action or upon written request of any authorized representative of the DOL withhold, or cause to be withheld, from any monies payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other Federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph 8 above. V. STATEMENTS AND PAYROLLS (Applicable to all Federal-aid construction contracts exceeding $2,000 and to all related subcontracts, except for projects located on roadways classified as local roads or rural collectors, which are exempt. ) 1. Compliance with Copeland Regulations (29 CFR 3): The contractor shall comply with the Copeland Regulations of the Secretary of Labor which are herein incorporated by reference. 2. Payrolls and Payroll Records: a. Payrolls and basic records relating thereto shall be maintained by the contractor and each subcontractor during the course of the work and preserved for a period of 3 years from the date of completion of the contract for all laborers, mechanics, apprentices, trainees, watchmen, helpers, and guards working at the site of the work. b. The payroll records shall contain the name, social security number, and address of each such employee; his or her correct classification; hourly rates of wages paid (including rates of contribu- tions or costs anticipated for bona fide fringe benefits or cash equivalent thereof the types described in Section 1 (b)(2)(B) of the Davis Bacon Act); daily and weekly number of hours worked; deductions made; and actual wages paid. In addition, for Appala- chian contracts, the payroll records shall contain a notation indicating whether the employee does, or does not, normally reside in the labor area as defined in Attachment A, paragraph 1. Whenever the Secretary of Labor, pursuant to Section IV, paragraph 3b, has found that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section 1 (b )(2)(B) of the Davis Bacon Act, the contractor and each subcontractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, that the plan or program has been communicated in writing to the laborers or mechanics affected, and show the cost anticipated or the actual cost incurred in providing benefits. Contractors or subcontractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprentices and trainees, and ratios and wage rates prescribed in the applicable programs. c. Each contractor and subcontractor shall furnish, each week in which any contract work is performed, to the SHA resident engineer a payroll of wages paid each of its employees (including apprentices, trainees, and helpers, described in Section IV, para- graphs 4 and 5, and watchmen and guards engaged on work during the preceding weekly payroll period). The payroll submitted shall set out accurately and completely all of the information required to be maintained under paragraph 2b of this Section V. This information may be submitted in any form desired. Optional Form WH-347 is available for this purpose and may be purchased from the Superin- tendent ofDocuments (Federal stock number 029-005-0014-1), U.S. Government Printing Office, Washington, D.C. 20402. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. d. Each payroll submitted shall be accompanied by a "State- ment of Compliance," signed by the contractor or subcontractor or his/her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (1) that the payroll for the payroll period contains the information required to be maintained under paragraph 2b of this Section V and that such information is correct and complete; (2) that such laborer or mechanic (including each helper, apprentice. and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made Form FHWA-1273 (Rev. 3-94) either directly or indirectly from the full wages earned, other than permissible deductions as set forth in the Regulations, 29 CFR 3; (3) that each laborer or mechanic has been paid not less that the applicable wage rate and fringe benefits or cash equivalent for the classification of worked performed, as specified in the applicable wage determination incorporated into the contract. e. The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph 2d of this Section V. f. The falsification of any of the above certifications may subject the contractor to civil or criminal prosecution under 18 U.S.C. 1001 and 31 U.S.C. 231. g. The contractor or subcontractor shall make the records required under paragraph 2b of this Section V available for inspec- tion, copying, or transcription by authorized representatives of the SHA, the FHWA. or the DOL, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the SHA, the FHWA, the DOL, or all may, after written notice to the contractor, sponsor, applicant, or owner, take such actions as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. VI. RECORD OF MATERIALS, SUPPLIES, AND LABOR 1. On all Federal-aid contracts on the National Highway System, except those which provide solely for the installation of protective devices at railroad grade crossings, those which are constructed on a force account or direct labor basis, highway beautification contracts. and contracts for which the total final construction cost for roadway and bridge is less than $1,000,000 (23 CFR 635) the contractor shall: a. Become familiar with the list of specific materials and supplies contained in Form FHWA-47, "Statement of Materials and Labor Used by Contractor of Highway Construction Involving Federal Funds," prior to the commencement of work under this contract. b. Maintain a record of the total cost of all materials and supplies purchased for and incorporated in the work, and also of the quantities of those specific materials and supplies listed on Form FHWA-47, and in the units shown on Form FHWA-47. c. Furnish, upon the completion of the contract, to the SHA resident engineer on Form FHWA-47 together with the data required in paragraph 1 b relative to materials and supplies, a final labor summary of all contract work indicating the total hours worked and the total amount earned. 2. At the prime contractor's option, either a single report covering all contract work or separate reports for the contractor and for each subcontract shall be submitted. VII. SUBLETTING OR ASSIGNING THE CONTRACT 1. The contractor shall perform with its own organization contract work amounting to not less than 30 percent (or a greater percentage if specified elsewhere in the contract) of the total original contract price. excluding any specialty items designated by the State. Specialty items may be performed by subcontract and the amount of any such specialty items performed may be deducted from the total original contract price before computing the amount of work required to be performed by the contractor's own organization (23 CFR 635). a. "Its own organization" shall be construed to include only workers employed and paid directly by the prime contractor and equipment owned or rented by the prime contractor, with or without operators. Such term does not include employees or equipment of Page 5 a subcontractor, assignee, or agent of the prime contractor. b. "Specialty Items" shall be construed to be limited to work that requires highly specialized knowledge, abilities, or equipment not ordinarily available in the type of contracting organizations qualified and expected to bid on the contract as a whole and in general are to be limited to minor components of the overall contract. 2. The contract amount upon which the requirements set forth in paragraph 1 of Section VII is computed includes the cost of material and manufactured products which are to be purchased or produced by the contractor under the contract provisions. 3. The contractor shall fumish (a) a competent superintendent or supervisor who is employed by the firm, has full authority to direct performance of the work in accordance with the contract require- ments, and is in charge of all construction operations (regardless of who performs the work) and (b) such other of its own organizational resources (supervision, management, and engineering services) as the SHA contracting officer determines is necessary to assure the performance of the contract. 4. No portion of the contract shall be sublet, assigned or otherwise disposed of except with the written consent of the SHA contracting officer, or authorized representative, and such consent when given shall not be construed to relieve the contractor of any responsibility for the fulfillment of the contract. Written consent will be given only after the SHA has assured that each subcontract is evidenced in writing and that it contains all pertinent provisions and requirements of the prime contract. VIII. SAFETY: ACCIDENT PREVENTION 1. In the performance of this contract the contractor shall comply with all applicable Federal, State, and local laws governing safety, health, and sanitation (23 CFR 635). The contractor shall provide all safeguards, safety devices and protective equipment and take any other needed actions as it determines, or as the SHA contracting officer may determine, to be reasonably necessary to protect the life and health of employees on the job and the safety of the public and to protect property in connection with the performance of the work covered by the contract. 2. It is a condition of this contract. and shall be made a condition of each subcontract. which the contractor enters into pursuant to this contract, that the contractor and any subcontractor shall not permit any employee, in performance of the contract, to work in surround- ings or under conditions which are unsanitary, hazardous or danger- ous to his/her health or safety, as determined under construction safety and health standards (29 CFR 1926) promulgated by the Secretary of Labor. in accordance with Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 333). 3. Pursuantto 29 CFR 1926.3, itis a condition of this contract that the Secretary of Labor or authorized representative thereof, shall have right of entry to any site of contract performance to inspect or investigate the matter of compliance with the construction safety and health standards and to carry out the duties of the Secretary under Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 333). IX. FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS In order to assure high quality and durable construction in confor- mity with approved plans and specifications and a high degree of reliability on statements and representations made by engineers, contractors, suppliers, and workers on Federal-aid highway projects, it is essential that all persons concerned with the project perform their functions as carefully, thoroughly, and honestly as possible. Willful falsification, distortion, or misrepresentation with respect to any facts related to the project is a violation of Federal law. To prevent any misunderstanding regarding the seriousness of these and similar acts, the following notice shall be posted on each Federal-aid highway project (23 CFR 635) in one or more places where it is readily available to all persons concemed with the project: NOTICE TO ALL PERSONNEL ENGAGED ON FEDERAL-AID HIGHWAY PROJECTS 18 U.S.C. 1020 reads as follows: "Whoever, being an officer, agent. or employee of the United States, or of any State or Territory. or whoever, whether a person, association. firm, or corporation, knowingly makes any false state- ment, false representation, or false report as to the character, quality, Page 6 quantity, or cost of the material used or to be used. or the quantity or quality of the work performed or to be performed, or the cost thereof in connection with the submission of plans, maps, specifications, contracts, or costs of construction on any highway or related project submitted for approval to the Secretary of Transportation; or Whoever knowingly makes any false statement, false representa- tion, false report or false claim with respect to the character, quality, quantity, or cost of any work performed or to be performed, or materials furnished or to be furnished, in connection with the construction of any highway or related project approved by the Secretary of Transportation; or Whoever knowingly makes any false statement or false representa- tion as to material fact in any statement, certificate, or report submitted pursuant to provisions of the Federal-aid Roads Act approved July 1, 1916, (39 Stat. 355), as amended and supple- mented; Shall be fined not more that $10,000 or imprisoned not more than 5 years or both." X. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT (Applicable to all Federal-aid construction contracts and to all related subcontracts of $100,000 or more.) By submission of this bid or the execution of this contract, or subcontract, as appropriate, the bidder, Federal-aid construction contractor, or subcontractor, as appropriate, will be deemed to have stipulated as follows: 1. That any facility that is or will be utilized in the performance of this contract, unless such contract is exempt under the Clean Air Act, as amended (42 U.S.C. 1857 ~~., as amended by Pub.L. 91-604), and under the Federal Water POlTution Control Act, as amended (33 U.S.C. 1251 ~~., as amended by Pub.L. 92-500), Executive Order 11738, and regi.ilations in implementation thereof (40 CFR 15) is not listed, on the date of contract award, on the U.S. Environmental Protection Agency (EPA) List of Violating Facilities pursuant to 40 CFR 15.20. 2. That the firm agrees to comply and remain in compliance with all the requirements of Section 114 of the Clean Air Act and Section 308 of the Federal Water Pollution Control Act and all regulations and guidelines listed thereunder. 3. That the firm shall promptly notify the SHA of the receipt of any communication from the Director, Office of Federal Activities, EPA, indicating that a facility that is or will be utilized for the contract is under consideration to be listed on the EPA List of Violating Facilities. 4. That the firm agrees to include or cause to be included the requirements of paragraph 1 through 4 of this Section X in every nonexempt subcontract, and further agrees to take such action as the government may direct as a means of enforcing such requirements. XI. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION 1. Instructions for Certification - Primary Covered Transac- tions: (Applicable to all Federal-aid contracts - 49 CFR 29) a. By signing and submitting this proposal, the prospective primary participant is providing the certification set out below. b. The inability of a person to provide the certification set out below will not necessarily result in denial of participation in this covered transaction. The prospective participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However. failure of the prospective primary participant to furnish a certification or an explanation shall disqualify such a person from participation in this transaction. c. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later deter- mined that the prospective primary participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this Form FHWA-1273 (Rev. 3-94) transaction for cause of default. d. The prospective primary participant shall provide immediate written notice to the department or agency to whom this proposal is submitted if any time the prospective primary participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. e. The terms "covered transaction," "debarred." "suspended," "ineligible," "lower tier covered transaction," "participant," "person," "primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the department or agency to which this proposal is submitted for assistance in obtaining a copy of those regulations. f. The prospective primary participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transac- tion with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. g. The prospective primary participant further agrees by submitting this proposal that it will include the clause titled "Certifica- tion Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicita- tions for lower tier covered transactions. h. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the non procurement portion of the "Lists of Parties Excluded From Federal Procurement or Nonprocurement Programs" (Non procurement List) which is compiled by the General Services Administration. i. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. j. Except for transactions authorized under paragraph f of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. Form FHWA-1273 (Rev. 3-94) Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Primary Covered Transactions 1. The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; b. Have not within a 3-year period preceding this proposal been convicted of or had a civil judgement rendered against them for commission of fraud or a criminal offense in connection with obtain- ing, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal. State or local) with commission of any of the offenses enumerated in paragraph 1 b of this certification; and d. Have not within a 3-year period preceding this applica- tion/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. 2. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. 2. Instructions for Certification. Lower Tier Covered Transac- tions: (Applicable to all subcontracts, purchase orders and other lower tier transactions of $25,000 or more - 49 CFR 29) a. By signing and submitting this proposal, the prospective lower tier is providing the certification set out below. b. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the depart- ment, or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. c. The prospective lower tier participant shall provide immedi- ate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous by reason of changed circumstances. d. The terms "covered transaction," "debarred," "suspended," "ineligible," "primary covered transaction," "participant," "person," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. e. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. f. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certifica- tion Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. g. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and Page 7 frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the Nonprocurement List. h. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. i. Except for transactions authorized under paragraph e of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transactions: 1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or volun- tarily excluded from participation in this transaction by any Federal department or agency. 2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Page 8 XII. CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING (Applicable to all Federal-aid construction contracts and to all related subcontracts which exceed $100,000 - 49 CFR 20) 1. The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract. the makin~ of any Federal grant, the making of any Federal loan. the entering Into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 2. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 3. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such recipients shall certify and disclose accordingly. Form FHWA-1273 (Rev. 3-94) ATTACHMENT A - EMPLOYMENT PREFERENCE FOR APPALACHIAN CONTRACTS (Applicable to Appalachian contracts only,) 1, During the performance of this contract, the contractor under- taking to do work which is, or reasonably may be, done as on-site work, shall give preference to qualified persons who regularly reside in the labor area as designated by the DOL wherein the contract work is situated, or the subregion. or the Appalachian counties of the State wherein the contract work is situated, except: a, To the extent that qualified persons regularly residing in the area are not available, b, For the reasonable needs of the contractor to employ supervisory or specially experienced personnel necessary to assure an efficient execution of the contract work, c, For the obligation of the contractor to offer employment to present or former employees as the result of a lawful collective bargaining contract, provided that the number of nonresident persons employed under this subparagraph 1 c shall not exceed 20 percent of the total number of employees employed by the contractor on the contract work, except as provided in subparagraph 4 below, 2, The contractor shall place a job order with the State Employ- ment Service indicating (a) the classifications of the laborers, mechanics and other employees required to perform the contract work, (b) the number of employees required in each classification, Form FHWA-1273 (Rev, 3-94) (c) the date on which he estimates such employees will be required, and (d) any other pertinent information required by the State Employ- ment Service to complete the job order form, The job order may be placed with the State Employment Service in writing or by telephone. If during the course of the contract work, the information submitted by the contractor in the original job order is substantially modified, he shall promptly notify the State Employment Service. 3, The contractor shall give full consideration to all qualified job applicants referred to him by the State Employment Service. The contractor is not required to grant employment to any job applicants who, in his opinion, are not qualified to perform the classification of work required. 4. If, within 1 week following the placing of a job order by the contractor with the State Employment Service. the State Employment Service is unable to refer any qualified job applicants to the contrac- tor, or less than the number requested, the State Employment Service will fOlWard a certificate to the contractor indicating the unavailability of applicants, Such certificate shall be made a part of the contractor's permanent project records. Upon receipt of this certificate, the contractor may employ persons who do not normally reside in the labor area to fill positions covered by the certificate, notwithstanding the provisions of subparagraph 1c above. 5. The contractor shall include the provisions of Sections 1 through 4 of this Attachment A in every subcontract for work which is, or reasonably may be, done as on-site work. Page 9 Attachment C 23 CFR Part 635.410 Buy America Requirements 23 CFR Part 635.410 Buy AmeriCa Requirements ~ 23 CFR Part 635.410 Buy America Requirements. (a) The provisions of this section shall prevail and be given precedence over any requirements of this subpart which are contrary to this section. However, nothing in this section shall be construed to be contrary to the requirements of 9635.409(a) of this subpart. (b) No Federal-aid highway construction project is to be authorized for advertisement or otherwise authorized to proceed unless at least one of the following requirements is met: (1) The project either: (i) Includes no permanently incorporated steel or iron materials, or (ii) if steel or iron materials are to be used, all manufacturing processes, including application of a coating, for these materials must occur in the United States. Coating includes all processes which protect or enhance the value of the material to which the coating is applied. (2) The State has standard contract provisions that require the use of domestic materials and products, including steel and iron materials, to the same or greater extent as the provisions set forth in this section. (3) The State elects to include alternate bid provisions for foreign and domestic steel and iron materials which comply with the following requirements. Any procedure for obtaining alternate bids based on furnishing foreign steel and iron materials which is acceptable to the Division Administrator may be used. The contract provisions must (i) require all bidders to submit a bid based on furnishing domestic steel and iron materials, and (ii) clearly state that the contract will be awarded to the bidder who submits the lowest total bid based on furnishing domestic steel and iron materials unless such total bid exceeds the lowest total bid based on furnishing foreign steel and iron materials by more than 25 percent. (4) When steel and iron materials are used in a project, the requirements of this section do not prevent a minimal use of foreign steel and iron materials, if the cost of such materials used does not exceed one-tenth of one percent (0.1 percent) of the total contract cost or $2,500, whichever is greater. For purposes of this paragraph, the cost is that shown to be the value of the steel and iron products as they are delivered to the project. (c)(1) A State may request a waiver of the provisions of this section if; (i) The application of those provisions would be inconsistent with the public interest; or (ii) Steel and iron materials/products are not produced in the United States in sufficient and reasonably available quantities which are of a satisfactory quality. (2) A request for waiver, accompanied by supporting information, must be submitted in writing to the Regional Federal Highway Administrator (RFHWA) through the FHWA Division Administrator. A request must be submitted sufficiently in advance of the need for the waiver in order to allow time for proper review and action on the request. The RFHW A will have approval authority on the request. 23 CFR Part 635.410 Buy America Requirements (3) Requests for waivers may be made for specific projects, or for certain materials or products in specific geographic areas, or for combinations of both, depending on the circumstances. (4) The denial of the request by the RFHWA may be appealed by the State to the Federal Highway Administrator (Administrator), whose action on the request shall be considered administratively final. (5) A request for a waiver which involves nationwide public interest or availability issues or more than one FHW A region may be submitted by the RFHW A to the Administrator for action. (6) A request for waiver and an appeal from a denial of a request must include facts and justification to support the granting of the waiver. The FHW A response to a request or appeal will be in writing and made available to the public upon request. Any request for a nationwide waiver and FHW A's action on such a request may be published in the Federal Register for public comment. (7) In determining whether the waivers described in paragraph (c)(1) of this section will be granted, the FHWA will consider all appropriate factors including, but not limited to, cost, administrative burden, and delay that would be imposed jf the provision were not waived. (d) Standard State and Federal-aid contract procedures may be used to assure compliance with the requirements of this section. [48 FR 53104, Nov. 25, 1983, as amended at 49 FR 18821, May 3, 1984; 58 FR 38975, July 21, 1993] BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: June 20, 2007 Division: Engineering Bulk Item: Yes ~ No Department: Staff Contact Person/Phone #: Dave Koppel X4427 AGENDA ITEM WORDING: Approval to negotiate a contract with Kisinger Campo & Associates, Inc. for Duck Key Bridge Repair Design Services. ITEM BACKGROUND: The five bridges are in need of repairs. A Request for Qualifications (RFQ) for repair design services was issued; Purchasing received ten responses, which were ranked by the selection committee on June 4, 2007. Kisinger Campo & Associates was ranked first based on qualifications. PREVIOUS RELEVANT BOCC ACTION: BOCC granted approval to advertise for the Request for Qualifications at the February 2007 meeting. (Item no. D-ll) CONTRACT/AGREEMENT CHANGES: n/a STAFF RECOMMENDATIONS: Approval as stated above. If negotiations fail, approval to continue negotiating with the next ranked firm until successful negotiations are achieved. TOTAL COST: BUDGETED: Yes No COST TO COUNTY: SOURCE OF FUNDS: Const. Gas Tax REVENUE PRODUCING: Yes NoX AMOUNTPERMONTH_ Year APPROVED BY: County Atty _ OMBlPurchasing _ Risk Management_ DOCUMENTATION: Included Not Required_ DISPOSITION: AGENDA ITEM # Revised 11/06 Engineering Division MEMORANDUM To: The Monroe County Board of County Commissioners From: David S. Koppel, P.E. Division Director, Engineering Date: June 5, 2007 Re: Kisinger Campo & Associates, Inc., Duck Key Bridge Repair Design The Engineering Division is requesting approval to negotiate a contract with Kisinger Campo inspection and repair design services for five Duck Key bridges. On February 21,2007, the BOCC granted approval to advertise for design qualifications for necessary repairs for the Duck Key bridges. The selection committee reviewed the responses and ranked the respondents in a publicly noticed meeting on June 4,2007. Kisinger Campo was the highest ranked respondent. Staff supports approval of this item. z U) C) z c;; o W ~ 0 o 0:: u: <,.... - 0.0 ~ Wo :JO::O::~ ao~'lt o::u-ow o ;v~ u- ......... 1:0'" ... >- U) W ~ ~ a ~ W 0 0:: :J o 3~OOW'd ~311'VM 3^ON'VH ON'V AlS30~'VH S~'VNH:::>S ON'V Hl13>f r- \ " .::r- N131SN31H:::>1l . \ 1[0\ c,--.... , OdW'V:::> ~3~NISI>f !lNI1l33NI!lN3 NI111VW &\ ;r:. Q) Q) .~ E E o o c: o .. lJ Q) Qj U) (/) 1:) .... co ~ 1:) LU t:: a> .0 <c .... a> ~ .... co 0.. a> > co o ~~ r' r~" '-J ~.~ ( ~-- <:" l' \ '-, () (), \' , (~ _ ,J .......:~ -:-i - ":'; '> ~ '-r-. 0.) :r- ."-.. v '..J \"J) --- ~ ~ .~ \f\ r< ~ ~ Cl) c<' ~ \' 'z) I <:;:) rn es- ~ ~ CD ~* '-4) 0 ~ 10,., ~,'\ 0':) ~ \f -- -,\ f', "'-J - co '>x( a> "". t: co -~" C3 ~a> "'< ~ $ '~, .- ~CJ) "I::; ''0 ~ '-...Y - '!: :r- f'- )~ O~ 1:) LU ( ~ \ ~ \~ a> ~ .... co C3 a> Q.j a> Ci5 1:) :J '"') BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: June 20. 2007 Division: Engineering Bulk Item: Yes ~ No Department: Engineering Staff Contact Person/Phone:Dave KoppeVx4427 AGENDA ITEM WORDING: Approval to execute a Division of Emergency Management (DEM) State Funded Subgrant Agreement in the amount of$1,029,547.00 toward construction ofa new County Emergency Management Operations Center (EOC). ITEM BACKGROUND: The Department of Community Affairs (DCA) gave notice on June 16,2006 of its intent to open a competitive grant application to construct or improve county emergency operations centers. The funding proposal was submitted to the Legislative Budget Commission (LBC) for their final review and approval. The funding agreement was received in Febnuuy 2007 and accepted by the BOCC. An additional $ 1,283,608 million in funding is expected from the State Hazard Mitigation Grant Program (HMGP). The contract establishes the timetable for EOC design and construction with an expected contract closeout in June 2009. PREVIOUS RELEVANT BOCC ACTION: At the BOCC meeting on May 18, 2005. The Board unanimously granted approval to apply and for the Mayor to sign HMGP FY 2005 application, to relocate, design and construct a permanent and dedicated EOC. Subsequently, at the BOCC meeting on July 19,2006. The Board unanimously granted approval to apply for a Statewide Competitive Grant to Construct or Improve the Monroe County Emergency Operations Center, as prepared by Langton and Associates. CONTRACVAGREEMENTCHANGES: N/A STAFF RECOMMENDATIONS: Approval as stated above. TOTAL ESTIMATED COST: N/A BUDGETED: Yes No-X COST TO COUNTY: (No match required) SOURCE OF FUNDS: DEM Grant REVENUE PRODUCING: Yes No X AMOUNT PER MONTH_ Year ~/ APPROVED BY: County Arty N/ A./ OMBlPurchasing N/ A Risk Management N/ A DOCUMENTATION: Included Not Required DISPOSITION: AGENDA ITEM # Revised 8/06 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Florida DEM Contract # - Effective Date: 6/20/2007 Expiration Date: 6/20/2009 Contract PurposelDescription: General Fund Grant for construction of New EOC Contract Manager: David Koppel 4427 Engineering,l# 1 (Name) (Ext. ) (Department/Stop #) for BOCC meeting on 6/20/2007 Agenda Deadline: 6/5/2007 CONTRACT COSTS Total Dollar Value of Contract: $ Budgeted? YesD No D Account Codes: Grant: $ 1,029,547 County Match: $ N/ A Current Year Portion: $ - - - - ----- - - - - ----- - - - - ----- - - - - ----- ADDITIONAL COSTS Estimated Ongoing Costs: $--.lyr For: (Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.) CONTRACT REVIEW Division Director Changes "(;Je In Needed -7110 YesD Nog/ jj7'--:~ Date Out b' '?-d~ Risk Management YesD NoD O.M.B./Purchasing YesD NoD CountyAttomey &/!!/or; YeSDNo~~/J'i~iJ~/ Comments: OMB Form Revised 2/27/01 MCP #2 Engineering Division MEMORANDUM To: Dave Koppel, County Engineer From: Dave Parker, Senior Administrator, Special Projects Date: June 5, 2007 Re: Agenda Item AGENDA ITEM WORDING: Approval to execute a Division of Emergency Management (OEM) State Funded Subgrant Agreement in the amount of $1,029,547.00 toward construction of a new County Emergency Management Operations Center (EOC). ITEM BACKGROUND: The State OEM has awarded a $1,029,547.00 grant in General Revenue funds towards construction of a new EOC. An additional grant is expected from the State Hazard Mitigation Grant Program (HMGP) in the amount of 1,283,608.00 which may only be used for retrofit or "code plus" new construction. The County may rescind the contract at any time prior to expenditure of funds. PROJECT DETAILS: The DEM Agreement establishes a timetable for design and construction and requires quarterly construction status reports. The date established for completion of the project is June 2009. Depending on the scope of the proposed new EOC facility, an additional two to five million dollars in funding will have to be identified and secured. PREVIOUS RELEVANT BOCC ACTION: At the BOCC meeting on May 18, 2005. The Board unanimously granted approval to apply and for the Mayor to sign HMGP FY 2005 application, to relocate, design and construct a permanent and dedicated EOC. Subsequently, at the BOCC meeting on July 19, 2006. The Board unanimously granted approval to apply for a Statewide Competitive Grant to Construct or Improve the Monroe County Emergency Operations Center, as prepared by Langton and Associates. CONTRACT/AGREEMENT CHANGES: STAFF RECOMMENDATIONS: Approval as stated. Contract Number:07-EC-33-11-54-01- STATE-FUNDED SUBGRANT AGREEMENT THIS AGREEMENT is entered into by and between the State of Florida, Division of Emergency Management, with headquarters in Tallahassee, Florida (hereinafter referred to as the "Division"), and Monroe County, (hereinafter referred to as the "Recipient"). THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS: A. WHEREAS, the Recipient represents that it is fully qualified and eligible to receive these grant funds to provide the services identified herein; and B. WHEREAS, the Division has received these grant funds from the State of Florida, and has the authority to subgrant these funds to the Recipient upon the terms and conditions hereinafter set forth; and C. WHEREAS, the Division has authority to disburse the funds under this Agreement pursuant to State Fiscal Year 2006 - 2007, Chapter 2006-71, Laws of Florida, Section b. The purpose of this act implements provisions relating to county emergency operations centers and designated alternate state emergency operations centers. NOW, THEREFORE, the Division and the Recipient do mutually agree as follows: (1) SCOPE OF WORK. The Recipient shall fully perform the obligations in accordance with the Budget and Scope of Work, Attachment A of this Agreement. (2) INCORPORATION OF LAWS, RULES. REGULATIONS AND POLICIES Both the Recipient and the Division shall be governed by applicable State and Federal laws, rules and regulations, including but not limited to those identified in Attachment B. (3) PERIOD OF AGREEMENT. This Agreement shall begin January 24,2007, and shall end June 30, 2009, unless terminated earlier in accordance with the provisions of Paragraph (12) of this Agreement. (4) MODIFICATION OF CONTRACT Either party may request modification of the provisions of this Agreement. Changes which are mutually agreed upon shall be valid only when reduced to writing, duly signed by each of the parties hereto, and attached to the original of this Agreement. (5) RECORDKEEPING (a) The Recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement, and the compliance of all subcontractors or consultants to be paid from funds provided under this Agreement, for a period of five years from the date the audit report is issued, and shall allow the Division or its designee, the Chief Financial Officer, or Auditor General access to such records upon request. The Recipient shall ensure that audit working papers are made available to the Division or its designee, the Chief Financial Officer, or Auditor General upon request for a period of five years from the date the audit report is issued, unless extended in writing by the Department, with the following exceptions: 1. If any litigation, claim or audit is started before the expiration of the five year period and extends beyond the five year period, the records will be maintained until all litigation, claims or audit findings involving the records have been resolved. 2. Records for the disposition of non-expendable personal property valued at $5,000 or more at the time of acquisition shall be retained for five years after final disposition. 3. Records relating to real property acquisition shall be retained for five years after closing of title. (b) The Recipient shall maintain all records, for the Recipient and for all subcontractors or consultants to be paid from funds provided under this Agreement, including supporting documentation of all program costs, in a form sufficient to determine compliance with the requirements and objectives of the Budget and Scope of Work - Attachment A - and all other applicable laws and regulations. (c) The Recipient, its employees or agents, including all subcontractors or consultants to be paid from funds provided under this Agreement, shall allow access to its records at reasonable times to the Department, its employees, and agents. "Reasonable" shall be construed according to the circumstances but ordinarily shall mean during normal business hours of 8:00 a.m. to 5:00 p.m., local time, on Monday through Friday. "Agents" shall include, but not be limited to, auditors retained by the Division. 2 (6) AUDIT REQUIREMENTS (a) The Recipient agrees to maintain financial procedures and support documents, in accordance with generally accepted accounting principles, to account for the receipt and expenditure of funds under this Agreement. (b) These records shall be available at all reasonable times for inspection, review, or audit by state personnel and other personnel duly authorized by the Division. "Reasonable" shall be construed according to circumstances, but ordinarily shall mean normal business hours of 8:00 a.m. to 5:00 p.m., local time, Monday through Friday. (c) The Recipient shall also provide the Division with the records, reports or financial statements upon request for the purposes of auditing and monitoring the funds awarded under this Agreement. (d) If the Recipient is a nonstate entity as defined by Section 215.97, Fla. Stat., it shall comply with the following: In the event that the Recipient expends a total amount of State financial assistance equal to or in excess of $500,000 in any fiscal year of such Recipient, the Recipient must have a State single or project-specific audit for such fiscal year in accordance with Section 215.97, Fla. Stat.; applicable rules of the Executive Office of the Governor and the Chief Financial Officer; and Chapters 10.550 (local government entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT 1 to this Agreement indicates State financial assistance awarded through the Division by this Agreement. In determining the State financial assistance expended in its fiscal year, the Recipient shall consider all sources of State financial assistance, including State funds received from the Division, other state agencies, and other nonstate entities. State financial assistance does not include Federal direct or pass-through awards and resources received by a nonstate entity for Federal program matching requirements. In connection with the audit requirements addressed in this Paragraph 6(d) above, the Recipient shall ensure that the audit complies with the requirements of Section 215.97(7), Fla. Stat. This includes submission of a reporting package as defined by Section 215.97(2)(d), Fla. Stat. and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. If the Recipient expends less than $500,000 in State financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Fla. Stat, is not required. In the event that the Recipient expends less than $500,000 in state financial assistance in its fiscal year and elects to have an audit conducted in accordance with the 3 provisions of Section 215.97, Fla. Stat, the cost of the audit must be paid from the nonstate entity's resources (i.e., the cost of such an audit must be paid from the Recipient's resources obtained from other than State entities). Additional information on the Florida Single Audit Act may be found at the following website: http://www.state.fl.us/fsaa/statutes.html. (e) Report Submission 1. The annual financial audit report shall include all management letters and the Recipient's response to all findings, including corrective actions to be taken. 2. The annual financial audit report shall include a schedule of financial assistance specifically identifying all Agreement and other revenue by sponsoring agency and Agreement number. 3. Copies of financial reporting packages required under this Paragraph 6 shall be submitted by or on behalf of the Recipient directlv to each of the following: The Division of Community Affairs at each of the following addresses: Division of Community Affairs Office of Audit Services 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 [an electronic copy shall also be submitted to aurilla.parrish@dca.state.fl.us) and Division of Emergency Management Bureau of Policy and Budget 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 The Auditor General's Office at the following address: Auditor General's Office Room 401, Claude Pepper Building 111 West Madison Street Tallahassee, Florida 32399-1450 4. Any reports, management letter, or other information required to be submitted to the Division or the Department of Community Affairs pursuant to this Agreement shall be submitted timely in accordance with OMB Circular A-133, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. 5. Recipients, when submitting financial reporting packages to the Division or the Department of Community Affairs for audits done in accordance with OMB Circular A-133 or Chapters 10.550 (local governmental 4 entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the Recipient in correspondence accompanying the reporting package. (f) In the event the audit shows that the entire funds disbursed hereunder, or any portion thereof, were not spent in accordance with the conditions of this Agreement, the Recipient shall be held liable for reimbursement to the Division of all funds not spent in accordance with these applicable regulations and Agreement provisions within thirty (30) days after the Division has notified the Recipient of such non-compliance. (g) The Recipient shall have all audits completed in accordance with Section 215.97, Fla. Stat. by an independent certified public accountant (IPA) who shall either be a certified public accountant or a public accountant licensed under Chapter 473, Fla. Stat. The IPA shall state that the audit complied with the applicable provisions noted above. The audit must be submitted to the Division no later than nine (9) months from the end of the Recipient's fiscal year. (7) REPORTS (a) At a minimum, the Recipient shall provide the Division with quarterly reports, and with a close-out report. These reports shall include the current status and progress by the Recipient and all subrecipients and subcontractors in completing the work described in the Scope of Work and the expenditure of funds under this Agreement, in addition to such other information as requested by the Division. (b) Quarterly reports are due to be received by the Division no later than 30 days after the end of each quarter of the program year and shall continue to be submitted each quarter until submission of the administrative close- out report. The ending dates for each quarter of the program year are March 31, June 30, September 30 and December 31. (c) The close-out report is due 60 days after termination of this Agreement or upon completion of the activities contained in this Agreement, whichever first occurs. (d) If all required reports and copies, prescribed above, are not sent to the Division or are not completed in a manner acceptable to the Division, the Division may withhold further payments until they are completed or may take such other action as set forth in Paragraph (11) REMEDIES. "Acceptable to the Division" means that the work product was completed in accordance with the Budget and Scope of Work. 5 (e) The Recipient shall provide such additional program updates or information as may be required by the Division. (8) MONITORING. The Recipient shall monitor its performance under this Agreement, as well as that of its subcontractors, subrecipients and consultants who are paid from funds provided under this Agreement, to ensure that time schedules are met, the Budget and Scope of Work is accomplished within the specified time periods, and other performance goals stated in this Agreement are achieved. Such review shall be made for each function or activity set forth in Attachment A to this Agreement, and reported in the quarterly report. In addition to reviews of audits conducted in accordance with OMB Circular A-133, as revised and Section 215.97, Fla. Stat. (see Paragraph (6) AUDIT REQUIREMENTS, above ), monitoring procedures may include, but not be limited to, on-site visits by Division staff, limited scope audits as defined by OMB Circular A-133, as revised, and/or other procedures. By entering into this Agreement, the Recipient agrees to comply and cooperate with all monitoring procedures/processes deemed appropriate by the Division. In the event that the Division determines that a limited scope audit of the Recipient is appropriate, the Recipient agrees to comply with any additional instructions provided by the Division to the Recipient regarding such audit. The Recipient further agrees to comply and cooperate with any inspections, reviews, investigations or audits deemed necessary by the Chief Financial Officer or Auditor General. In addition, the Division will monitor the performance and financial management by the Recipient throughout the contract term to ensure timely completion of all tasks. (9) LIABILITY. (a) Unless Recipient is a State agency or subdivision, as defined in Section 768.28, Fla. Stat., the Recipient shall be solely responsible to parties with whom it shall deal in carrying out the terms of this Agreement, and shall hold the Division harmless against all claims of whatever nature by third parties arising out of the performance of work under this agreement. For purposes of this Agreement, Recipient agrees that it is not an employee or agent of the Division, but is an independent contractor. (b) Any Recipient who is a state agency or subdivision, as defined in Section 768.28, Fla. Stat., agrees to be fully responsible to the extent provided by Section 768.28 Fla. Stat. for its negligent acts or omissions or tortious acts which result in claims or suits against the Division, and agrees to be liable for any damages proximately caused by said 6 acts or omissions. Nothing herein is intended to serve as a waiver of sovereign immunity by any Recipient to which sovereign immunity applies. Nothing herein shall be construed as consent by a state agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract. (10) DEFAULT. If any of the following events occur ("Events of Default"), all obligations on the part of the Division to make any further payment of funds hereunder shall, if the Division so elects, terminate and the Division may, at its option, exercise any of its remedies set forth in Paragraph (11), but the Division may make any payments or parts of payments after the happening of any Events of Default without thereby waiving the right to exercise such remedies, and without becoming liable to make any further payment: (a) If any warranty or representation made by the Recipient in this Agreement or any previous Agreement with the Division shall at any time be false or misleading in any respect, or if the Recipient shall fail to keep, observe or perform any of the obligations, terms or covenants contained in this Agreement or any previous agreement with the Division and has not cured such in timely fashion, or is unable or unwilling to meet its obligations thereunder; (b) If any material adverse change shall occur in the financial condition of the Recipient at any time during the term of this Agreement, and the Recipient fails to cure said material adverse change within thirty (30) days from the time the date written notice is sent by the Division. (c) If any reports required by this Agreement have not been submitted to the Division or have been submitted with incorrect, incomplete or insufficient information; (d) If the Recipient has failed to perform and complete in timely fashion any of its obligations under this Agreement. (11) REMEDIES. Upon the happening of an Event of Default, then the Division may, at its option, upon thirty (30) calendar days prior written notice to the Recipient and upon the Recipient's failure to cure within said thirty (30) day period, exercise anyone or more of the following remedies, either concurrently or consecutively: (a) Terminate this Agreement, provided that the Recipient is given at least thirty (30) days prior written notice of such termination. The notice shall be effective when placed in the United States mail, first class mail, postage prepaid, by registered or certified mail-return receipt requested, to the address set forth in Paragraph (13) herein; 7 (b) Commence an appropriate legal or equitable action to enforce performance of this Agreement; (c) Withhold or suspend payment of all or any part of a request for payment; (d) Exercise any corrective or remedial actions, to include but not be limited to: 1. requesting additional information from the Recipient to determine the reasons for or the extent of non-compliance or lack of performance, 2. issuing a written warning to advise that more serious measures may be taken if the situation is not corrected, 3. advising the Recipient to suspend, discontinue or refrain from incurring costs for any activities in question or 4. requiring the Recipient to reimburse the Division for the amount of costs incurred for any items determined to be ineligible; (e) Require that the Recipient return to the Division any funds which were used for ineligible purposes under the program laws, rules and regulations governing the use of funds under this program; (f) Exercise any other rights or remedies which may be otherwise available under law; (g) The pursuit of anyone of the above remedies shall not preclude the Division from pursuing any other remedies contained herein or otherwise provided at law or in equity. No waiver by the Division of any right or remedy granted hereunder or failure to insist on strict performance by the Recipient shall affect or extend or act as a waiver of any other right or remedy of the Division hereunder, or affect the subsequent exercise of the same right or remedy by the Division for any further or subsequent default by the Recipient. (12) TERMINATION. (a) The Division may terminate this Agreement for cause upon thirty (30) days written notice. Cause shall include, but not be limited to, misuse of funds; fraud; lack of compliance with applicable rules, laws and regulations; failure to perform in a timely manner; and refusal by the Recipient to permit public access to any document, paper, letter, or other material subject to disclosure under Chapter 119, Fla. Stat., as amended. (b) The Division may terminate this Agreement for convenience or when it determines, in its sole discretion, that the continuation of the Agreement would not produce beneficial results commensurate with the further expenditure of funds, by providing the Recipient with thirty (30) calendar days prior written notice. 8 (c) The parties may agree to terminate this Agreement for their mutual convenience as evidenced by written amendment of this Agreement. The amendment shall establish the effective date of the termination and the procedures for proper closeout of the Agreement. (d) In the event that this Agreement is terminated, the Recipient will not incur new obligations for the terminated portion of the Agreement after the Recipient has received the notification of termination. The Recipient will cancel as many outstanding obligations as possible. Costs incurred after the date of receipt of notice of the termination will be disallowed. Notwithstanding the above, the Recipient shall not be relieved of liability to the Division by virtue of any breach of Agreement by the Recipient. The Division may, to the extent authorized by law, withhold any payments to the Recipient for purpose of set-off until such time as the exact amount of damages due the Division from the Recipient is determined. (13) NOTICE AND CONTACT. (a) All notices provided under or pursuant to this Agreement shall be in writing, either by hand delivery, or first class, certified mail, return receipt requested, to the representative identified below at the address set forth below and said notification attached to the original of this Agreement. (b) The name and address of the Division contract manager for this Agreement is: Jenene Helms Division of Emergency Management Bureau of Policy and Budget 2555 Shumard Oak Boulevard Tallahassee, FL 32399-2100 Telephone: 850-413-9920 Fax: 850-488-7842 Email: ienene.helms@em.mvflorida.com (c) The name and address of the Representative of the Recipient responsible for the administration of this Agreement is: Dave Koppel, Engineer Monroe County 110 Simonton Street Key West, Florida 33040 Telephone: 305-292-4426 Fax: 305-295-4321 Email: Koppel-Dave @ m on roecounty-fl. qov (d) In the event that different representatives or addresses are designated by either party after execution of this Agreement, notice of the name, title and address of the new representative will be rendered as provided in (13)(a) above. 9 (14) SUBCONTRACTS If the Recipient subcontracts any or all of the work required under this Agreement, a copy of the unsigned subcontract must be forwarded to the Division for review and approval prior to execution of the subcontract by the Recipient. The Recipient agrees to include in the subcontract that (i) the subcontractor is bound by the terms of this Agreement, (ii) the subcontractor is bound by all applicable state and federal laws and regulations, and (iii) the subcontractor shall hold the Division and Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. Each subcontractor's progress in performing its work under this Agreement shall be documented in the quarterly report submitted by the Recipient. For each subcontract, the Recipient shall provide a written statement to the Division as to whether that subcontractor is a minority vendor, as defined in Section 288.703, Fla. Stat. (15) TERMS AND CONDITIONS This Agreement contains all the terms and conditions agreed upon by the parties. (16) ATTACHMENTS (a) All attachments to this Agreement are incorporated as if set out fully herein. (b) In the event of any inconsistencies or conflict between the language of this Agreement and the attachments hereto, the language of such attachments shall be controlling, but only to the extent of such conflict or inconsistency. (c) This Agreement has the following attachments: Exhibit 1 - Funding Sources Attachment A - Budget and Scope of Work Attachment B - Program Statutes and Regulations Attachment C - Justification of Advance Attachment D - Warranties and Representations (17) FUNDING/CONSIDERATION (a) This is a cost-reimbursement Agreement. The Recipient shall be reimbursed for costs incurred in the satisfactory performance of work hereunder in an amount not to exceed $1,029,547 subject to the availability of funds. 10 (b) Any advance payment under this Agreement is subject to Section 216.181 (16), Fla. Stat.. and is contingent upon the Recipient's acceptance of the rights of the Division under Paragraph (12)(b) of this Agreement. The amount which may be advanced may not exceed the expected cash needs of the Recipient within the first three (3) months of the contract term. If an advance payment is requested, the budget data on which the request is based and a justification statement shall be included in this Agreement as Attachment C. Attachment C will specify the amount of advance payment needed and provide an explanation of the necessity for and proposed use of these funds. 1. No advance payment is requested. 2. An advance payment of $ is requested. (c) After the initial advance, if any, payment shall be made on a reimbursement basis as needed. The Recipient agrees to expend funds in accordance with the Budget and Scope of Work, Attachment A of this Agreement. If the necessary funds are not available to fund this Agreement as a result of action by Congress, the state Legislature, the Office of the Chief Financial Officer or the Office of Management and Budgeting, all obligations on the part of the Division to make any further payment of funds hereunder shall terminate, and the Recipient shall submit its closeout report within thirty (30) days of receipt of notice from the Department. (18) REPAYMENTS All refunds or repayments to be made to the Division under this Agreement are to be made payable to the order of "Department of Community Affairs", and mailed directly to the Department at the following address: Department of Community Affairs Cashier Finance and Accounting 2555 Shumard Oak Boulevard Tallahassee FL 32399-2100 In accordance with Section 215.34(2), Fla. Stat., if a check or other draft is returned to the Division for collection, Recipient shall pay to the Division an additional service fee of Fifteen Dollars ($15.00) or Five Percent (5%) of the face amount of the returned check or draft, whichever is greater. (19) VENDOR PAYMENTS. Pursuant to Section 215.422, Fla. Stat., the Division shall issue payments to vendors within 40 days after receipt of an acceptable invoice and receipt, inspection. and acceptance of goods and/or services provided in accordance with the terms and conditions of the Agreement. Failure to issue the warrant within 40 days shall result in the Division 11 paying interest at a rate as established pursuant to Section 55.03(1) Fla. Stat. The interest penalty shall be paid within 15 days after issuing the warrant. Vendors experiencing problems obtaining timely payment(s) from a state agency may receive assistance by contacting the Vendor Ombudsman at (850) 413-5516. (20) STANDARD CONDITIONS (a) The validity of this Agreement is subject to the truth and accuracy of all the information, representations, and materials submitted or provided by the Recipient in this Agreement, in any subsequent submission or response to Division request, or in any submission or response to fulfill the requirements of this Agreement, and such information, representations, and materials are incorporated by reference. The lack of accuracy thereof or any material changes shall, at the option of the Division and with thirty (30) days written notice to the Recipient, cause the termination of this Agreement and the release of the Division from all its obligations to the Recipient. (b) This Agreement shall be construed under the laws of the State of Florida, and venue for any actions arising out of this Agreement shall lie in Leon County. If any provision hereof is in conflict with any applicable statute or rule, or is otherwise unenforceable, then such provision shall be deemed null and void to the extent of such conflict, and shall be deemed severable, but shall not invalidate any other provision of this Agreement. (c) Any power of approval or disapproval granted to the Division under the terms of this Agreement shall survive the terms and life of this Agreement as a whole. (d) The Agreement may be executed in any number of counterparts, anyone of which may be taken as an original. (e) The Recipient agrees to comply with the Americans With Disabilities Act (Public Law 101-336, 42 U.S.C. Section 12101 et sea.), if applicable, which prohibits discrimination by public and private entities on the basis of disability in the areas of employment, public accommodations, transportation, State and local government services, and in telecomm unications. (f) 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 a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, 12 or consultant under a contract with a public entity, and may not transact business with any public entity in excess of Category Two for a period of 36 months from the date of being placed on the convicted vendor list or on the discriminatory vendor list. (g) An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide 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 a public entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity. (h) The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature, and subject to any modification in accordance with Chapter 216, Fla. Stat. or the Florida Constitution. (i) All bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. U) If otherwise allowed under this Agreement, all bills for any travel expenses shall be submitted in accordance with Section 112.061, Fla. Stat. (k) The Division of Community Affairs reserves the right to unilaterally cancel this Agreement for refusal by the Recipient to allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Fla. Stat., and made or received by the Recipient in conjunction with this Agreement. (I) If the Recipient is allowed to temporarily invest any advances of funds under this Agreement, any interest income shall either be returned to the Division or be applied against the Department's obligation to pay the contract amount. (m) The State of Florida will not intentionally award publicly-funded contracts to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act ("INA")]. The Division shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the INA. Such violation by the Recipient of the employment provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by the Department. 13 (n) The Recipient is subject to Florida's Government in the Sunshine Law (Section 286.011, Fla. Stat. ) with respect to the meetings of the Recipient's governing board or the meetings of any subcommittee making recommendations to the governing board. All such meetings shall be publicly noticed, open to the public, and the minutes of all such meetings shall be public records, available to the public in accordance with Chapter 119, Fla. Stat. (21 ) STATE LOBBYING PROHIBITION. No funds or other resources received from the Division in connection with this Agreement may be used directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state agency. (22) COPYRIGHT, PATENT AND TRADEMARK ANY AND ALL PATENT RIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY RESERVED TO THE STATE OF FLORIDA. ANY AND ALL COPYRIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY TRANSFERRED BY THE RECIPIENT TO THE STATE OF FLORIDA. (a) If the Recipient brings to the performance of this Agreement a pre-existing patent or copyright, the Recipient shall retain all rights and entitlements to that pre-existing patent or copyright unless the Agreement provides otherwise. (b) If any discovery or invention arises or is developed in the course of or as a result of work or services performed under this Agreement, or in any way connected herewith, the Recipient shall refer the discovery or invention to the Division for a determination whether patent protection will be sought in the name of the State of Florida. Any and all patent rights accruing under or in connection with the performance of this Agreement are hereby reserved to the State of Florida. In the event that any books, manuals, films, or other copyrightable material are produced, the Recipient shall notify the Department. Any and all copyrights accruing under or in connection with the performance under this Agreement are hereby transferred by the Recipient to the State of Florida. (c) Within thirty (30) days of execution of this Agreement, the Recipient shall disclose all intellectual properties relevant to the performance of this Agreement which he or she knows or should know could give rise to a patent or copyright. The Recipient shall retain all rights and entitlements to any pre-existing intellectual property which is so disclosed. Failure to disclose will indicate that no such property exists. The Division shall then, under Paragraph (b), have the right to all patents and copyrights which accrue during performance of the Agreement. 14 (23) PROPERTY MANAGEMENT. (a) Title to equipment acquired by a Recipient with State funds shall vest in the Recipient, subject to conditions of this section. The Recipient must continue the operation, maintenance, repair and administration of any equipment or other personal property purchased under this Agreement in accordance with the purposes for which the funds were originally appropriated and for the period of time expressly specified in the Agreement or, failing to do so, the Recipient must return to the Division the subgrant funds used to purchase the property. (b) The Recipient shall not use equipment acquired with State funds to provide services to non-State outside organizations for a fee that is less than private companies charge for equivalent services, unless specifically authorized by Florida statute, for as long as the State retains an interest in the equipment. (c) The Recipient shall use the equipment in the project or program for which it was acquired as long as needed, whether or not the project or program continues to be supported by State funds and shall not encumber the property without approval of the Division. When no longer needed for the original project or program, the Recipient shall use the equipment in connection with its other State-sponsored activities, in the following order of priority: (i) Activities sponsored by the Division, then (ii) activities sponsored by other State agencies. (d) During the time that equipment is used on the project or program for which it was acquired, the Recipient shall make it available for use on other projects or programs if such other use will not interfere with the work on the project or program for which the equipment was originally acquired. First preference for such other use shall be given to other projects or programs sponsored by the Division; second preference shall be given to projects or programs sponsored by other State agencies. If the equipment is owned by the State of Florida, use on other activities not sponsored by the State of Florida shall be permissible if authorized by the Division. User charges shall be treated as program income. (e) When acquiring replacement equipment, the Recipient may use the equipment to be replaced as trade-in or sell the equipment and use the proceeds to offset the costs of the replacement equipment subject to the approval of the Division. 15 (f) The Recipient's property management standards for equipment acquired with State and State-owned equipment shall include all of the following. (1) Equipment records shall be maintained accurately and shall include the following information. (i) A description of the equipment. (ii) Manufacturer's serial number, model number, Federal stock number, national stock number, or other identification number. (iii) Source of the equipment, including the award number. (iv) Whether title vests in the Recipient or the State of Florida. cost. (v) Acquisition date (or date received, if the equipment was furnished by the State of Florida) and (vi) Information from which one can calculate the percentage of State participation in the cost of the equipment (not applicable to equipment furnished by the State of Florida). (vii) Location and condition of the equipment and the date the information was reported. (viii) Unit acquisition cost. (ix) Ultimate disposition data, including date of disposal and s(ix) Ultimate disposition data, including date of disposal and sales price or the method used to determine current fair market value where a Recipient compensates the Division for its share. (2) Equipment owned by the State of Florida shall be identified to indicate State ownership. (3) A physical inventory of equipment shall be taken and the results reconciled with the equipment records at least once every two years. Any differences between quantities determined by the physical inspection and those shown in the accounting records shall be investigated to determine the causes of the difference. The Recipient shall, in connection with the inventory, verify the existence, current utilization, and continued need for the equipment. (4) A control system shall be in effect to insure adequate safeguards to prevent loss, damage, or theft of the equipment. Any loss, damage, or theft of equipment shall be investigated and fully documented; if the equipment was owned by the State of Florida, the Recipient shall promptly notify the Division. (5) Adequate maintenance procedures shall be implemented to keep the equipment in good condition. (6) Where the Recipient is authorized or required to sell the equipment, proper sales procedures shall be established which provide for competition to the extent practicable and result in the highest possible return. (g) When the Recipient no longer needs the equipment, the equipment may be used for other activities in accordance with the following standards. For equipment with a current per unit fair market value of $5000 or more, the 16 Recipient may retain the equipment for other uses provided that compensation is made to the Division. The amount of compensation shall be computed by applying the percentage of State participation in the cost of the original project or program to the current fair market value of the equipment. If the Recipient has no need for the equipment, the Recipient shall request disposition instructions from the Division. The Division shall determine whether the equipment can be used to meet the Division's requirements. If no requirement exists within that agency, the availability of the equipment shall be reported to the Department of Management Services by the Division to determine whether a requirement for the equipment exists in other State agencies. The Division shall issue instructions to the Recipient no later than 120 calendar days after the Recipient's request and the following procedures shall govern. (1) If so instructed or if disposition instructions are not issued within 120 calendar days after the Recipient's request, the Recipient shall sell the equipment and reimburse the Federal awarding agency an amount computed by applying to the sales proceeds the percentage of Federal participation in the cost of the original project or program. However, the Recipient shall be permitted to deduct and retain from the State share $500 or ten percent of the proceeds, whichever is less, for the Recipient's selling and handling expenses. (2) If the Recipient is instructed to ship the equipment elsewhere, the Recipient shall be reimbursed by the State of Florida by an amount which is computed by applying the percentage of the Recipient's participation in the cost of the original project or program to the current fair market value of the equipment, plus any reasonable shipping or interim storage costs incurred. (3) If the Recipient is instructed to otherwise dispose of the equipment, the Recipient shall be reimbursed by the Division for such costs incurred in its disposition. (4) The Division may reserve the right to transfer the title to the State of Florida or to a third party named by the State when such third party is otherwise eligible under existing statutes. Such transfer shall be subject to the following standards. (i) The equipment shall be appropriately identified in the award or otherwise made known to the Recipient in writing. (ii) The Division shall issue disposition instructions within 120 calendar days after receipt of a final inventory. The final inventory shall list all equipment acquired with grant funds and federally-owned equipment. If the Division fails to issue disposition instructions within the 120 calendar day period, the Recipient shall apply the standards of this section, as appropriate. (iii) When the Division exercises its right to take title, the equipment shall be subject to the provisions for State-owned equipment. (24) LEGAL AUTHORIZATION. The Recipient certifies with respect to this Agreement that it possesses the legal authority to receive the funds to be provided under this Agreement and that, if applicable, its governing body has authorized, by resolution or 17 otherwise, the execution and acceptance of this Agreement with all covenants and assurances contained herein. The Recipient also certifies that the undersigned possesses the authority to legally execute and bind Recipient to the terms of this Agreement. (25) ASSURANCES. The Recipient shall comply with any Statement of Assurances. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed by their undersigned officials as duly authorized. Recipient: Name and title: MONROE COUNTY ATTORNEY ;/4PROVED A,S Jll FORM , ~~- ~t2i.4-/ NATILEENE W. CASSEL ASSISTANT COUNTY ATTORNEY Date h-~ -() 7 Monroe County By: Date: SAMAS # FID# STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT By: Name and Title: Date: 18 EXHIBIT - 1 STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOllOWING: MATCHING RESOURCES FOR FEDERAL PROGRAMS: NOTE: If the resources awarded to the recipient for matchinq represent more than one Federal proqram, provide the same information shown below for each Federal proqram and show total State resources awarded for matching. Federal Proqram (list Federal aqencv. Cataloq of Federal Domestic Assistance title and number) - $ (amount) SUBJECT TO SECTION 215.97, FLORIDA STATUTES: NOTE: If the resources awarded to the recipient represent more than one State proiect. provide the same information shown below for each State proiect and show total state financial assistance awarded that is subiect to Section 215.97, Florida Statutes. State Project State of Florida - Division of Emergency Management CSFA # 52.010 $1,029.547 COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOllOWS: List applicable compliance requirements as follows: 1. First applicable compliance requirement (e.g., what services/purposes resources must be used fof). 2. Second applicable compliance requirement (e.g., eligibility requirements for recipients of the resources). 3. Etc. State awarding agency may elect to use language that requires the recipient to comply with the requirements of applicable provisions of specific laws, rules, regulations, etc. NOTE: Instead of listing the specific compliance requirements as shown above, in the example, the language may state that the recipient must comply with a specific law(s), rule(s), or regulation(s) that pertains to how the awarded resources must be used or how eligibility determinations are to be made. The State awarding agency, if practical, may want to attach a copy of the specific law, rule, or regulation referred to. NOTE: Section AOO(d) of OMB Circular A-133, as revised, and Section 215.97(5)(a), Florida Statutes, require that the information about Federal Programs and State Projects included in Exhibit 1 be provided to the recipient. 19 Attachment A Budget and Scope of Work I. SCOPE OF WORK A. The Recipient shall construct a County Emergency Operations Center (EOC). Use of grant funds shall be consistent with Section 1 (1), Ch. 2006-71, Laws of Florida. Grant funds shall not be used for land acquisition; purchase of equipment, furnishings, communications, or operational systems; or recurring expenditures. Eligible reimbursement costs include: Architectural and Engineering services and fees; site survey and soil testing; necessary permits and fees; civil and service utilities site work; construction of the building's substructure, superstructure, shell (exterior enclosure) and interior construction; special inspections; mechanical, plumbing, electrical, conveying and security systems; lightning protection; and redundant infrastructure systems (e.g., electric generator, un interruptible power supply, potable water and wastewater systems, etc.). B. The Recipient shall in a timely manner prepare and submit a complete Hazard Mitigation Grant Program (HMGP) application, benefit-cost analysis, environmental review and such other documentation as necessary to determine eligibility and allowable costs under said grant program. C. The Recipient shall state in writing that for a period of not less than 15 years from the date of receipt of Certificate of Occupancy the EOC will be dedicated for emergency management purposes. The EOC shall remain demonstrably capable of being fully activated within one (1) hour of detection of an emergency; reference Rule Chapter 9G-6, Florida Administrative Code, "Emergency Management Capabilities Assessment Checklist." D. The EOC shall be constructed with sufficient space to house people and equipment for day-to-day and sustained continuous emergency operations, and capable of full staffing for the most extensive emergency anticipated. At a minimum, the designated EOC functional area(s), and essential shared-use area(s) if applicable, shall be designed for an emergency operations staff size of 62 persons per shift and a workspace floor area of 5.270 gross square feet. E. At a minimum, the EOC shall meet the hurricane hazard safety criteria established in Standards for Hurricane Evacuation Shelter Selection (ARC 4496). F. The EOC and essential ancillary structures and service equipment shall be designed to resist the effects of a major hurricane. The wind load design requirements shall be in accordance with the American Society of Civil Engineers (ASCE) Standard 7, Minimum Design Loads for Buildings and Other Structures. The minimum wind design criteria shall include: Design Wind Speed = 225 miles per hour (3 second gust) Wind Importance Factor, 1=1.00 Exposure Category = C Directionality Factor, Kd = 1.00 Internal Pressure Coefficient, GCpi = +/- 0.18 All components and cladding assemblies necessary to maintain a structurally enclosed condition and prevent rainwater intrusion shall be designed to meet the wind design criteria. Structural metal decking and cladding materials shall be 22 gauge or thicker. Roof cover waterproofing barriers shall meet the wind design criteria. Loose roof ballast shall not be used on the roof cover. Rooftop equipment shall be designed and installed to meet the wind design criteria. G. The EOC and essential ancillary structures and service equipment shall resist penetration by wind borne debris impact. At a minimum, all exterior enclosure components, c1addings and assemblies (i.e., walls, roofs, louvers, windows, doors, etc.) located within 60 feet in height above finish grade shall meet the hurricane windborne debris impact criteria 20 specified in the Department of Energy's (DOE) Standard, Natural Phenomena Hazards Design and Evaluation Criteria, DOE-STD-1020-2002. That is, the building enclosure must resist penetration by a nominaI2"x4" lumber plank weighing 15 pounds propelled at 50 miles per hour (74 feet per second) striking end-on and normal to the assembly surface, or equivalent performance as approved by the Division. As applicable, impact test procedures shall be consistent with recognized state and national standards; such as, Test Standard for Determining Impact Resistance from Windborne Debris SSTD 12, American Society of Testing and Materials (ASTM) Standards ASTM E 1886 and ASTM E 1996, and Florida Building Code Testing Protocols T AS 201, T AS 202 and T AS 203. The impact test procedures may be modified as necessary to accommodate the required missile weight and velocity. H. The following information related to wind loads and flooding shall be shown on the construction drawings: 1. wind design per ASCE 7 with applicable year of revision; 2. design wind speed; 3. wind importance factor, I; 4. design wind exposure category; 5. wind directionality factor, Kd; 6. design internal pressure coefficient, GCpi; 7. design wind pressures in terms of pounds per square foot (psf) to be used for the design of exterior component and cladding materials not specifically designed by the principal licensed design professional; 8. windborne debris impact performance criteria; 9. finish floor elevation measured relative to the National Geodetic Vertical Datum (NGVD); and comparison reference of the finished floor elevation to the base flood elevation, or historical flood elevation if base flood elevation is not determined. I. The lowest floor for the EOC and essential ancillary structures and service equipment shall at a minimum be elevated above: Category 5 hurricane storm surge elevation plus 20 percent; the base flood elevation plus three (3) feet; the 500-year (0.2 percent annual chance) flood elevation (if determined) plus two (2) feet; the highest recorded flood elevation plus three (3) feet if the area is not in a mapped special flood hazard area; whichever is greater. The site (point maximum, one square mile) hydrologic design shall ensure that the EOC and essential ancillary structures and service equipment are not flooded due to a 24 hour, 37.0 inch rainfall event applied over a precedent 24 hour, 100-year rainfall event. J. Where secondary (emergency) roof drains or scuppers are required by the Florida Building Code-Plumbing, the secondary system shall be sized for a rainfall rate of eleven (11.0) inches per hour. K. The EOC shall be designated as a threshold building, and special structural inspections required. Special inspections shall be conducted in compliance with section 553.79, Florida Statutes and other applicable statutes, laws and rules. L. The EOC shall at a minimum be designed for 72 hours of self-contained continuous operation and shall not be solely reliant upon off-site services and utilities (e.g., water, natural gas fuel, electricity, etc.) M. Force protection and security measures shall be consistent with the guidance published in Florida's Homeland Security Comprehensive Assessment Model (HLSCAM), United States Air Force Installation Force Protection Guide, or other federal or state recognized best-practices guide(s) as approved by the Division. N. The Recipient shall provide an initial timeline and estimated reimbursement allocation schedule. Table SW-1, "Initial Timeline and Estimated Reimbursement Allocation Schedule" or other similar instrument as approved by the Division may be used. O. During design and construction phases of the EOC project, the Recipient shall track and provide construction cost data for the designated EOC area as detailed in Table SW-2, "Cost Data for County Emergency Operations Center." 21 1/. PRODUCT ITEMS A. Per item I.N, Recipient shall prepare an initial timeline with key milestone activities/tasks schedule, including estimated start and end dates for each activity, and an estimate of state reimbursement request for each activity. Table SW-1 may be used to meet this product item. 8. Per item I.C, Recipient shall submit a binding written statement that the EOC will be dedicated for a period of not less than15 years for emergency management purposes, and demonstrably capable of being fully activated within one (1) hour of detection of an emergency. C. The Recipient shall provide one (1) copy each of site survey, site master plan, spatial needs assessment, and schematic design plan or preliminary design drawings for review and comment by the Division. The spatial needs assessment and schematic design plan/preliminary design may be consolidated into one document. D. The Recipient shall provide one (1) set of substantially complete (approximately 70 percent) preliminary design construction drawings and specifications for the EOC and essential ancillary structures for review and comment by the Division. The construction drawings shall include site survey information, landscaping, civil, architectural, structural, mechanical, plumbing, and electrical drawings. E. The Recipient shall provide one (1) set of bid-ready construction drawings and specifications for the EOC and essential ancillary structures for review by the Division. The construction drawings shall include site survey information, landscaping, civil, architectural, structural, mechanical, plumbing, and electrical drawings and shall be certified by the applicable registered or licensed design professional(s) of record. F. The construction drawings shall demonstrate that the EOC will meet the hurricane hazard safety criteria of ARC 4496, and the wind load, windborne debris impact, flood and security design requirements set forth in items I.E through I.M. Failure to supply the required documentation, or disapproval of this documentation by the Division, shall result in denial of funds. G. Per item 1.8, Recipient shall submit a complete HMGP application, benefit-cost analysis, environmental review and such other documentation as necessary to determine eligibility and cost allowances under said grant program. The Recipient shall also provide two cost estimates prepared by one or more certified construction contractors that document the cost of constructing the facility to meet current building code wind and flood design requirements, and the cost premium of constructing the facility to the above-code wind and flood requirements set forth in items I.E through I.J. H. Per item 1.0, the Recipient shall provide final project cost data. Table SW-2 shall be used to meet this product item. I. The Recipient shall provide the Division with copy(s) of pertinent construction permits, the threshold inspection final report, and the certificate of occupancy upon completion of the construction project. 22 III. SCHEDULE OF WORK A. By June 30, 2007, the Recipient shall provide the Division with Product Items A and B for review and approval. Failure to supply the required documentation, or disapproval of this documentation by the Division, shall result in denial of funds. B. By September 30, 2007 and at least on a quarterly basis thereafter, Recipient shall report on progress in relation to the initial timeline, and submit Product Items C through H in a timely manner as accomplished. The Division shall be provided 30 calendar days to review and provide comments of product items pertaining to compliance with the scope-of- work. The Recipient shall also submit invoices for reimbursement for work accomplished in accordance with the Division approved cost reimbursement allocation schedule referenced in Product Item A. C. Bya mutually agreed upon date, the Recipient shall provide the Division with Product Item F for review and approval. Failure to supply the required documentation, or disapproval of this documentation by the Division, shall result in denial or reduction of funds at the sole discretion of the Division. D. By May 15, 2009, the Recipient shall provide final project cost estimate data as set forth in Table SW-2, certificate of occupancy, close-out documentation and final payment invoice. 23 Table SW-1. Initial Timeline and Estimated Reimbursement Allocation Schedule Table SW-1. Initial Timeline and Estimated Reimbursement Allocation Schedule County Name: Monroe PROJECT PHASE Start Date End Date DEM Funds Other Funds Board Contract Aooroval Initial Payment of 20% in first quarter A&E Firm Selection Site Survey and Soil T estinq Spatial Needs Assessment Preliminary Design, 70% com plete Preliminary Design, 100% comolete Reaulatorv Review Bid Document(s) Development & Award Notice to Proceed/Mobi lization Construction Project Management & Soecial Insoections Construction 25% Com olete Construction 50% Comolete Construction 100% Com olete Continqency Administrative Fees; maximum of 5% Sub-Totals $1,029,547 TOTAL Estimated Proiect Cost A&E - Architectural and Engineering; OEM - Division of Emergency Management; FY - Fiscal Year 24 Table SW-2. Cost Data for County Emergency Operations Center Table SW-2. Cost Data for County Emergency Operations Center County Name: Monroe NO. System/Component Description Estimated Cost A. SUBSTRUCTURE 1010 Foundation 1020 Slab-on-Grade 2010 Excavation 2020 Basement Walls 2030 Elevated Foundation B. SHELL (ENVELOPE) B 10 Superstructure 1010 Floor Construction 1020 Roof Construction 1030 Structural Frame 1040 Load-BearinQ Wall B20 Exterior Enclosure 2010 Exterior Walls 2011 Veneer/Claddino 2012 Louvers 2020 Exterior Windows 2030 Exterior Doors B30 Roofino 3010 Roof Coverinas 3020 Roof Ooeninas 3021 Soffits C. INTERIORS 1010 Partitions 1020 Interior Doors 1030 Fittinas 2010 Stair Construction 3010 Wall Finishes 3020 Floor Finishes 3030 Ceilina Finishes D. SERVICES 010 Convevina 1010 Elevators & Lifts 1020 Escalators & Walks I 020 PlumbinQ 2010 Plumbino Fixtures 2020 Domestic Water Distribution 2021 Back-up Potable Water System 2040 Rainwater Drainaae D30 HV AC 3010 Enerov Supplv 25 3020 Heatina Svstem 3030 Coolina Svstem 3050 Terminal & Package Units 3090 Other HV AC Svs. 040 Fire Protection 4010 Sprinkler Svs. 4020 Standpipe Svs. 4030 Other Svs. 050 Electrical 5010 Elec. Service & Distribution 5020 Lighting & Branch Wirina 5030 Communications & Securitv 5090 Other Elec. Svs. 5091 Generator Svs. 5092 UPS Svs. E. EQUIPMENT & FURNISHINGS 1010 Commercial Equip. 1020 Institutional Equip. 1030 Vehicular Equip. 1090 Other Eauip. 1091 AudioNideo Equip. 1092 Special Telecom 1093 Information Tech. 1094 Geo. Info. Svs. F. SPECIAL CONSTRUCTION 1041 Generator Enclosure 1042 Comm. Tower 1043 Helioad 1090 Other G. BUILDING SITEWORK 1010 Earthwork 1020 Roadwav & Parkina 1030 Drainage & Flood Control 1040 Securitv Measures 1090 Other Sitework 26 Attachment B Program Statutes and Regulations 1. Sections 215.555(7)(c) and 215.559, Florida Statutes 2. Chapter 252, Florida Statutes 3. Chapter 287, Florida Statutes 4. Chapter 119, Florida Statutes 5. Chapter 60A-1, Florida Administrative Code 6. Chapter 9G-19, Florida Administrative Code 27 Attachment C JUSTIFICATION OF ADVANCE PAYMENT R.ECIPIENT: ndicate by checking one of the boxes below, if you are requesting an advance. If an advance payment is requested, budget data on vhich the request is based must be submitted. Any advance payment under this Agreement is subject to s. 216.181(16)(a) and (b), ?Iorida Statutes. The amount which may be advanced shall not exceed the expected cash needs of the recipient within the initial hree months. [ ] NO ADVANCE REQUESTED [ ] ADVANCE REQUESTED No advance payment is requested. Payment will be solely on a reimbursement basis. No additional information is required. Advance payment of $ is requested. Balance of payments will be made on a reimbursement basis. These funds are needed to pay staff, award benefits to clients, duplicate forms and purchase start-up supplies and equipment. We would not be able to operate the program without this advance. ADVANCE REQUEST WORKSHEET If you are requesting an advance, complete the following worksheet (A) (B) (C) (D) FFY 2002 FFY 2003 FFY 2004 Total DESCRIPTION 1 INITIAL CONTRACT ALLOCATION 2 FIRST THREE MONTHS CONTRACT EXPENDITURES I 3 AVERAGE PERCENT EXPENDED IN FIRST THREE MONTHS (Divide line 2 by line 1.) I . First three months expendItures need only be prOVIded for the years In which you requested an advance. If you do not have thIS information, call your consultant and they will assist you. MAXIMUM ADVANCE ALLOWED CALULA TION: X $ Cell D3 DEM Award (Do not include any match) = MAXIMUM ADVANCE REOUEST FOR WAIVER OF CALCULATED MAXIMUM ] Recipient has no previous DEM contract history. Complete Estimated Expenses chart and Explanation of Circumstances below. ] Recipient has exceptional circumstances that require an advance greater than the Maximum Advance calculated above. Complete estimated expenses chart and Explanation of Circumstances below. Attach additional pages if needed. 28 ESTIMATED EXPENSES BUDGET CATEGORY 2004-2005 Anticipated Expenditures for First Three Months of Contract ADMINISTRA TIVE COSTS (Include Secondarv Administration.) PROGRAM EXPENSES TOTAL EXPENSES Explanation of Circumstances. 29 Attachment 0 Warranties and Representations Financial Manaaement Recipient's financial management system shall provide for the following: (1) Accurate, current and complete disclosure of the financial results of this project or program (2) Records that identify adequately the source and application of funds for all activities. These records shall contain information pertaining to grant awards, authorizations, obligations, unobligated balances, assets, outlays, income and interest. (3) Effective control over and accountability for all funds, property and other assets. Recipient shall adequately safeguard all such assets and assure that they are used solely for authorized purposes. (4) Comparison of expenditures with budget amounts for each Request For Payment. Whenever appropriate, financial information should be related to performance and unit cost data. (5) Written procedures for determining the reasonableness, allocability and allowability of costs in accordance with the provisions of the applicable cost principles and the terms and conditions of this grant. (6) Accounting records, including cost accounting records that are supported by source documentation. Com petition. All procurement transactions shall be conducted in a manner to provide, to the maximum extent practical, open and free competition. The Recipient shall be alert to conflicts of interest as well as noncompetitive practices among contractors that may restrict or eliminate competition or otherwise restrain trade. In order to ensure objective contractor performance and eliminate unfair competitive advantage, contractors that develop or draft specifications, requirements, statements of work, invitations for bids and/or requests for proposals shall be excluded from competing for such procurements. Awards shall be made to the bidder or offeror whose bid or offer is responsive to the solicitation and is most advantageous to the Recipient, price, quality and other factors considered. Solicitations shall clearly set forth all requirements that the bidder or offeror shall fulfill in order for the bid or offer to be evaluated by the Recipient. Any and all bids or offers may be rejected when it is in the Recipient's interest to do so. Codes of conduct. The Recipient shall maintain written standards of conduct governing the performance of its employees engaged in the award and administration of contracts. No employee, officer, or agent shall participate in the selection, award, or administration of a contract supported by public grant funds if a real or apparent conflict of interest would be involved. Such a conflict would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or other interest in the firm selected for an award. The officers, employees, and agents of the Recipient shall neither solicit nor accept gratuities, favors, or anything of monetary value from contractors, or parties to subcontracts. The standards of conduct shall provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents of the recipient. Business Hours The Recipient shall have its offices open for business, with the entrance door open to the public, and at least one employee on site, from 30 Licensinq and Permittinq All subcontractors or employees hired by the Recipient shall have all current licenses and permits required for all of the particular work for which they are hired by the Recipient. 31 v\U iD RECEIVED JUN () 6 2007 LETTER OF TRANSMITTAL MONROE COUNTY ATTORNEY Date: F~: ~~ MONROE COUNTY Dave Parker Engineering Dept 1100 Simonton Street Key West, Florida 33040 (305) 292-4429 Attention: Kathy Peters RE: State Funded Subgrant Agreement Review ENCLOSED PLEASE FIND THE FOLLOWING ITEM(S): NO. DATE COPIES DESCRIPTION I 5/7/07 ] State Funded Subgrant Agreement THESE ARE TRANSMITTED AS CHECKED BELOW: ~ Review and Comment DFor Approval DApproved as Noted DFor Your Use DReturned for Corrections DCopies for Approval REMARKS: Kathv. This contract has been placed on the June AQenda for execution. Please have it reviewed as soon as possible so that we mav include it as back-up for the aQenda. It is our understandinQ (EnQineerinQ/EmerQencv ManaQement) that this contract may be rescinded by the County at any time prior to expenditure of funds. but this is somethinQ we need to verify durinQ the review Page 1 of 1 Peters-Katherine From: Parker-David Sent: Tuesday, June 05, 20074:56 PM To: Peters-Katherine Subject: Subgrant agreement Review Hi Kathy, Also enroute to your office is the State Subgrant Agreement (for new EOC building) that we have to have executed by the end of the month. It is a Grant for just over $1 million and requires no match, and it is on the agenda for June. We just became aware of the need for this contract a couple days ago, and spent a good deal of time yesterday trying to verify the deadline. It appears the June SOCC meeting is the last chance we have to get it executed prior to the deadline. Please Jet me know if you have questions. Thanks, Oalfe P~ie~ Dave Parker Senior Administrator, Special Projects Monroe County Engineering Department The Historic Gato Cigar Factory 1100 Simonton Street, Suite 2-216 Key West, Florida 33040 305 292 4524 FAX 305 2954321 fa f!<ef -Da_vid@nI0nrQec;Q!J"ty-f1.gov 6/5/2007 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: 6/20107 Division: Engineering Bulk Item: Yes ----X- No Department: Engineering Staff Contact PersonlPhone #: Dave Koppellx4427 AGENDA ITEM WORDING Approval to advertise a Request for Proposals for DesignlBuild Services to construct a hotel to be built at the Marathon Airport in conjunction with the new County EOC building. ITEM BACKGROUND: Monroe County is required by Florida Statute (F.S.252.38(3)(a)3) to establish a primary EOC to provide continuity of governrnent and direction and control of emergency operations. Construction of a Hotel adjacent to our new EOC with a portion of the rooms designed for Category V protection will allow a proportionately smaller EOC to be constructed, and provide much needed accommodations for emergency response personnel during recovery. PREVIOUS RELEVANT BOCC ACTION: None CONTRACVAGREEMENTCHANGES: N/A STAFF RECOMMENDATIONS: Approval as stated above TOT AL COST: 0.00 BUDGETED: Yes NoL COST TO COUNTY: 0.00 SOURCE OF FUNDS: REVENUE PRODUCING: Yes No AMOUNT PER MONTH_ Year APPROVED BY: County Atty _ OMB/Purchasing _ Risk Management _ DOCUMENT ATION: 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: June 5, 2007 Re: Agenda Item AGENDA ITEM WORDING: Approval to advertise a Request for Proposals for Design/Build Services to construct a hotel to be built at the Marathon Airport in conjunction with the new County EOC building. ITEM BACKGROUND: Monroe County is required by Florida Statute (F.S.252.38(3)(a)3) to establish a primary EOC to provide continuity of governrnent and direction and control of emergency operations. Construction of a Hotel adjacent to our new EOC with a portion of the rooms designed for Category V protection will allow a proportionately smaller EOC to be constructed, and provide much needed accommodations for emergency response personnel during recovery. PROJECT DETAILS: The hotel would be constructed and owned by Monroe County, and would be leased to a Private Operator. During times of disaster, the Category V resistant units would be occupied by EOC Staff. During recovery, the remainder of the units would provide much needed lodging for Response and Recovery personnel. PREVIOUS RELEVANT BOCC ACTION: None CONTRACT/AGREEMENT CHANGES: ST AFF RECOMMENDATIONS: Approval as stated above. BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: 6/20107 Division: Engineering Bulk Item: Yes ----X- No Department: Engineering Staff Contact PersonlPhone #: Dave Koppellx4427 AGENDA ITEM WORDING Approval to advertise a Request for Proposals for Professional Services to Design an Emergency Operations Center (EOC) for Monroe County.. ITEM BACKGROUND: Monroe County is required by Florida Statute (F.S.252.38(3)(a)3) to establish a primary EOC to provide continuity of governrnent and direction and control of emergency operations. Due to our vulnerability to extreme tropical cyclones, the EOC must be constructed to provide "near absolute" survivability. At the present time Monroe County has no dedicated, survivable space for the EOC. PREVIOUS RELEVANT BOCC ACTION: Monroe County has signed a letter of intent to accept HB7121 funding in the amount of $1,029,547.00 towards construction of a new EOC. HMGP grant funding has been applied for with preliminary indications of a $1,283,608.00 award. CONTRACT~GREEMENTCHANGES: N~ STAFF RECOMMENDATIONS: Approval as stated above TOTAL COST $ $7,240,000.00 BUDGETED: Yes NoL COST TO COUNTY $4,926,805.00 SOURCE OF FUNDS: REVENUE PRODUCING: Yes No 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: June 5, 2007 Re: Agenda Item AGENDA ITEM WORDING: Approval to advertise a RFP for Professional Services to Design an Emergency Operations Center (EOC) for Monroe County. ITEM BACKGROUND: Monroe County is required by Florida Statute (F.S.252.38(3)(a)3) to establish a primary EOC to provide continuity of governrnent and direction and control of emergency operations. Due to our vulnerability to extreme tropical cyclones, a new EOC must be constructed to provide "near absolute" survivability. At the present time Monroe County has no dedicated, survivable space for the EOC. PROJECT DETAILS: The project will result in a new EOC constructed on County owned land adjacent to the existing Monroe County Sherrif's Hangar in Marathon. The construction of an adjoining hotel complex with a portion of the rooms hardened to Category V protection for use during declared emergencies will allow the County to construct a proportionately smaller EOC. PREVIOUS RELEVANT BOCC ACTION: At the BOCC meeting on May 18,2005. The Board unanimously granted approval to apply and for the Mayor to sign HMGP FY 2005 application, to relocate, design and construct a permanent and dedicated EOC. Subsequently, at the BOCC meeting on July 19,2006. The Board unanimously granted approval to apply for a Statewide Competitive Grant to Construct or Improve the Monroe County Emergency Operations Center, as prepared by Langton and Associates. CONTRACT/AGREEMENT CHANGES: STAFF RECOMMENDATIONS: Approval as stated above. 7.3 BUDGET 7.3.1 The CONTRACTOR may not be entitled to receive, and the COUNTY is not obligated to pay, any fees or expenses in excess of the amount budgeted for this contract in each fiscal year (October 1 - September 30) by COUNTY's Board of County Commissioners. The budgeted amount may only be modified by an affirmative act of the COUNTY's Board of County Commissioners. 7.3.2 The COUNTY's performance and obligation to pay under this Agreement 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 VIII INSURANCE 8.1 The CONTRACTOR shall obtain insurance as specified and maintain the required insurance at all times that this Agreement is in effect. 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. 8.2 The coverage provided herein shall be provided by an insurer with an A.M. Best rating of VI or better, that is licensed to business in the State of Florida and that has an agent for service of process within the State of Florida. The coverage shall contain an endorsement providing sixty (60) days notice to the COUNTY prior to any cancellation of said coverage. Said coverage shall be written by an insurer acceptable to the COUNTY and shall be in a form acceptable to the COUNTY. 8.3 CONTRACTOR shall obtain and maintain the following policies: A. Workers' Compensation insurance as required by the State of Florida, sufficient to respond to Florida Statute 440. B. Employers Liability Insurance with limits of $1,000,000 per Accident, $1,000,000 Disease, policy limits, $1,000,000 Disease each employee. C. Comprehensive business automobile and vehicle liability insurance covering claims for injuries to members of the public andlor damages to property of others arising from use of motor vehicles, including onsite and offsite operations, and owned, hired or non-owned vehicles, with One Million Dollars ($1,000,000.00) combined single limit and One Million Dollars ($1,000,000.00) annual aggregate. D. Commercial general liability, including Personal Injury Liability, covering claims for injuries to members of the public or damage to property of others arising out of any covered act or omission of the CONTRACTOR or any of its employees, agents or subcontractors, including Premises andlor Operations, Products and Completed Operations, Independent Contractors; Broad Form Property Damage and a Blanket Contractual Liability Endorsement with One Million Dollars ($1,000,000) per occurrence and annual aggregate. 7 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 must extend for a minimum of 48 months following the termination or expiration of this contract. E. Pollution liability insurance of Five Million Dollars ($5,000,000.00) per occurrence and Ten Million Dollars ($10,000,000.00) annual aggregate. If the policy is a "claims made" policy, CONTRACTOR shall maintain coverage or purchase a "tail" to cover claims made after completion of the project to cover the statutory time limits in Chapter 95 of the Florida Statutes. F. COUNTY shall be named as an additional insured with respect to CONTRACTOR'S liabilities hereunder in insurance coverages identified in Paragraphs C and D. G. CONTRACTOR shall require its subcontractors to be adequately insured at least to the limits prescribed above, and to any increased limits of CONTRACTOR if so required by COUNTY during the term of this Agreement. COUNTY will not pay for increased limits of insurance for subcontractors. H. CONTRACTOR shall provide to the COUNTY certificates of insurance or a copy of all insurance policies including those naming the COUNTY as an additional insured. The COUNTY reserves the right to require a certified copy of such policies upon request. I. 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. ARTICLE IX MISCELLANEOUS 9.1 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. 9.2 OWNERSHIP OF THE PROJECT DOCUMENTS The documents prepared by the CONTRACTOR for this Project belong to the COUNTY and may be reproduced and copied without acknowledgement or permission of the CONTRACTOR. 9.3 SUCCESSORS AND ASSIGNS 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 the CONTRACTOR, which approval shall be 8 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. Subject to the provisions of the immediately preceding sentence, each party hereto binds itself, its successors, assigns and legal representatives to the other and to the successors, assigns and legal representatives of such other party. 9.4 NO THIRD PARTY BENEFICIARIES Nothing contained herein shall create any relationship, contractual or otherwise, with or any rights in favor of, any third party. 9.5 TERMINATION A. In the event that the CONTRACTOR shall be found to be negligent in any aspect of 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. 9.6 CONTRACT DOCUMENTS This contract consists of the Request for Proposals, any addenda, the Form of Agreement (Articles I-IX), the CONTRACTOR'S response to the RFP, all bid clarifications provided by CONTRACTOR, the documents referred to in the Form of Agreement as a part of this Agreement, attachments A, B, C, and modifications made after execution by written amendment. In the event of any conflict between any of the Contract documents, the one imposing the greater burden on the CONTRACTOR will control. 9.7 PUBLIC ENTITIES CRIMES 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 contracts to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or CONTRACTOR 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 this Agreement, CONTRACTOR represents that the execution of this Agreement will not violate the Public Entity Crimes Act (Section 287.133, Florida Statutes). Violation of this section shall result in termination of this Agreement and recovery of all monies paid hereto, and may result in debarment from COUNTY's competitive procurement activities. In addition to the foregoing, CONTRACTOR further represents that there has been no determination, based on an audit, that it or any subcontractor has committed an act defined by Section 287.133, Florida Statutes, as a "public entity crime" and that it has 9 not been formally charged with committing an act defined as a "public entity crime" regardless of the amount of money involved or whether CONUSUL T ANT has been placed on the convicted vendor list. CONTRACTOR will promptly notify the COUNTY if it or any subcontractor is formally charged with an act defined as a "public entity crime" or has been placed on the convicted vendor list. 9.8 MAINTENANCE OF RECORDS CONTRACTOR shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Records shall be retained for a period of five years from the termination of this agreement. Each party to this Agreement or its 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, or were wrongfully retained by the CONTRACTOR, the CONTRACTOR shall repay the monies together with interest calculated pursuant to Sec. 55.03, of the Florida Statutes, running from the date the monies were paid by the COUNTY. The CONTRACTOR shall maintain the originals of documents required for federal audits of the County's submission for federal disaster reimbursements. 9.9 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 this Agreement, COUNTY and CONTRACTOR agree that venue shall lie in the 16th Judicial Circuit, Monroe County, Florida, in the appropriate court or before the appropriate administrative body. This agreement shall not be subject to arbitration. 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. 9.10 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. 9.11 ATTORNEY'S FEES AND COSTS 10 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 the Agreement, the prevailing party shall be entitled to reasonable attorney's fees and court costs, as an award against the non-prevailing party, and shall include attorney's fees and courts costs in appellate proceedings. 9.12 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. 9.13 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. 9.14 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. 9.15 ADJUDICATION OF DISPUTES OR DISAGREEMENTS COUNTY and CONTRACTOR agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If no resolution can be agreed upon within 30 days after the first meet and confer session, the issue or issues shall be discussed at a public meeting of the Board of County Commissioners. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. This provision does not negate or waive the provisions of paragraph 9.5 concerning termination or cancellation. 9.16 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. 9.17 NONDISCRIMINATION CONTRACTOR 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 II court order. CONTRACTOR or COUNTY agrees 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 patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as may be amended from time to time, relating to nondiscrimination 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; 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. 9.18 COVENANT OF NO INTEREST CONTRACTOR and COUNTY 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. 9.19 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. 9.20 NO SOLICITATION/PAYMENT The CONTRACTOR and COUNTY 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, 12 at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 9.21 PUBLIC ACCESS. The CONTRACTOR and COUNTY shall allow and permit reasonable access to, and inspection of, all documents, papers, letters or other materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the CONTRACTOR and COUNTY in connection with this Agreement; and the COUNTY shall have the right to unilaterally cancel this Agreement upon violation of this provision by CONTRACTOR. 9.22 NON-WAIVER OF IMMUNITY Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the CONTRACTOR and the COUNTY 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. 9.23 PRIVILEGES AND IMMUNITIES All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the COUNTY, when performing their respective functions under this Agreement within the territorial limits of the COUNTY shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the COUNTY. 9.24 LEGAL OBLIGATIONS AND RESPONSIBILITIES Non-Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the COUNTY, except to the extent permitted by the Florida constitution, state statute, and case law. 9.25 NON-RELIANCE BY NON-PARTIES No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or program contemplated hereunder, and the CONTRACTOR and the COUNTY agree that neither the CONTRACTOR nor the COUNTY 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, 13 inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. 9.26 ATTESTATIONS AND TRUTH IN NEGOTIATION CONTRACTOR agrees to execute such documents as COUNTY may reasonably require, including a Public Entity Crime Statement, an Ethics Statement, and a Drug- Free Workplace Statement. Signature of this Agreement by CONTRACTOR shall act as the execution of a truth in negotiation certificate stating that wage rates and other factual unit costs supporting the compensation pursuant to the Agreement are accurate, complete, and current at the time of contracting. The original contract price and any additions thereto shall be adjusted to exclude any significant sums by which the agency determines the contract price was increased due to inaccurate, incomplete, or concurrent wage rates and other factual unit costs. All such adjustments must be made within one year following the end of the Agreement. 9.27 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. 9.28 EXECUTION IN COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. 9.29 FEDERAL HIGHWAY ADMINISTRATION REQUIREMENTS The following forms and provisions are incorporated in and made a part of this contract. 9.29.1 Davis-Bacon Act - In accordance with the Davis-Bacon Act, the CONTRACTOR or their subcontractors shall pay workers employed directly upon the site of the work no less than the locally prevailing wages and fringe benefits paid on projects of a similar character. The current prevailing wage rates can be found at: www.access.qpo.qov/davisbacon/fl.htmlunder Monroe County. 9.29.2 Americans with Disabilities Act of 1990 (ADA) - The CONTRACTOR will comply with all the requirements as imposed by the ADA, the regulations of the Federal government issued thereunder, and the assurance by the CONTRACTOR pursuant thereto. 9.29.3 Disadvantaged Business Enterprise (DBE) Policy and Obligation - It is the policy of the COUNTY that DBE's, as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part with COUNTY funds under this Agreement. The DBE requirements of applicable federal and state laws and regulations apply to this Agreement. The COUNTY and its CONTRACTOR agree to ensure that DBE's have the opportunity to participate in the performance of this Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with applicable federal and state laws and regulations to ensure that the DBE's have the opportunity to compete for and 14 perform contracts. The COUNTY and the CONTRACTOR and subcontractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of contracts, entered pursuant to this Agreement. 9.29.4 Convict Labor - The convict labor prohibition in 23 U.S.C. 114 applies to emergency repair projects. Convict labor cannot be used in emergency repair construction projects. 9.29.5 FHW A Form 1273 is attached hereto as Attachment B and made a part of this Agreement. 9.29.6 The requirements of 23 CFR Part 635.410 Buy America Requirements are attached hereto as Attachment C and made a part of this Agreement. 15 IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its duly authorized representative on the day and year first above written. (SEAL) Attest: DANNY L. KOLHAGE, Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Deputy Clerk By: MayorlChairman Date: (Seal) Attest: CONTRACTOR BY: By: Title: Title: END OF AGREEMENT 16 Copy 2 of 5 MONROE COUNTY, FLORIDA I 1\ "Proposal Statement- Disaster Response and Recovery Services" due April 11 , 2007 @ 3:00 pm PRESENTED BY: I I l. I ~ I ~ ~.. ti Disaster Recovery & Debris Management John Ramsay, President 5435 BUSINESS PARKWAY THEODORE, ALABAMA 36582 800..992-6207 Phone 251-459-7433 Fax j ramsay@crowderQulf.com www.crowdergulf.com u n CROWDER-GULF Disaster Recovery and Debris Management r! 5435 Business Parkway Theodore, Alabama 36582 tl April 9, 2007 l II i: Ii r t I r , l l l l f ~ Office: (800) 992-6207 Fax: (251) 459-7433 Monroe County Purchasing Department 1100 Simonton Street, Room 1-213 Key West FL 33040 Re: "Proposal Statement - Disaster Response and Recovery Services" Dear Purchasing Department Committee, CrowderGulf is a nationally recognized disaster debris management firm and would like to formally express our interest in entering into a contract for "Disaster Response and Recovery Services" with the Monroe County. Accordingly, CrowderGulf is pleased to submit herewith, in accordance with the terms and conditions of your Request for Proposal, the enclosed proposal for your review and consideration. CrowderGulf has worked all major disasters in the Southeast for the past 38 years. Our personnel have worked in planning and managing successful disaster debris removal, reduction, and disposal operations in Alabama, Florida, Georgia, Kansas, Louisiana, Mississippi, Missouri, New York, North Carolina, South Carolina, Tennessee, Texas, and Virginia. During our 38 years of work with storm debris removal, reduction, and disposal, we have developed a successful plan of operation to complete the clean up in a minimum amount of time, and in a safe, orderly and practical manner. CrowderGulf is proud to have on staff Mr. Buddy Young, former Region 6 FEMA Director. He is and expert on FEMA requirements, procedures and paperwork, and is a great asset to CrowderGulf's customers in navigating FEMA's policies and procedures. His services are offered to our customers at no additional cost. CrowderGulf will use a combination of company crews and subcontractors to perform work. We have subcontractors who have provided commitment letters and will respond and mobilize within 24 hours of notice. Local subcontractors will be used to the greatest extent possible. We sincerely appreciate the opportunity to present this proposal and look forward to working with you. If you have any questions, comments or require additional information, please do not hesitate to contact us. We appreciate your time and consideration. Best Regards, John Ramsay President CrowderGulf RFP - Disaster Response and Recovery Services Monroe County, Florida TABLE OF CONTENTS i I I l i I I J I I Tab 1 - Executive Summary o Business History o Scope of Services o Overview of Services o Managerial Capabilities 1 1 2 4 Tab 2 - Relevant Experience o Disaster Project References o Training References o Reference Letters 6 10 Tab 3 - Past Performance on Similar Projects o Past Performance 11 Tab 4 - Project Approach Disaster Response Management Plan o Plan 1 -Initial Response o Plan 2 - Operational Support (Organizational Chart - page 23) o Plan 3 - Mobilization o Plan 4 - Safety o Plan 5 - Debris Operation o Plan 6 - Quality Control o Plan 7 - Subcontracting o Plan 8 - Project Documentation and Reimbursement 20 21 21 26 29 31 40 42 43 Tab 5 - Staffing for the Project & Qualifications of Key Personnel o Personnel o Key Personnel o Company Owned Equipment o Subcontractor Equipment o Resumes 51 54 55 55 Tab 6 - Litigation t I I Tab 7 - Additional Services 56 Tab 8 - Cost Summary o Schedule I - Debris Removal o Schedule II - Hourly Equipment Rate o Schedule III - Hourly Equipment and Labor Rate I Tab 9 - County Forms o Response Form (Addendums, License and Corporate Certification) o Lobbying and Conflict of Interest Clause o Non-Collusion Affidavit o Drug Free Workplace Form o Respondents Insurance and Indemnifications Statement o Insurance Agent's Statement (Insurance Certification Sample) I I I . t I I I t I I I I I I l l l l l t I CrowderGulf RFP - Disaster Response and Recovery Services Monroe County, Florida COMPANY CONTACT INFORMATION (GULF Disaster Recovery & Debris Management Crowder-Gulf 5435 Business Parkway Theodore, Alabama 36582 Phone: 800-992-6207 Fax: 251-459-7433 aramsay@crowdergulf.com John Ramsay - President FEIN: 01-0626019 ACCOUNT RESPONSIBILITY: Primary Contact John Ramsay, President 5535 Business Parkway Theodore, Alabama 36582 (800) 992-6207 office (251) 439-7433 fax (251) 402-3677 cell iramsay@crowderqulf.com Alternate Contact Charlie Hunter, Project Manager 5435 Business Parkway Theodore, Alabama 36582 (800) 992-6207 office (251) 439-7433 fax (850) 528-8015 cell Charliehunter17@aol.com BONDING COMPANY Surety Associates, Inc. James C. Congelio 2110 Herschel Street Jackson0He, Florida (904) 388-5002 office (904) 384-9827 fax c i -- ro I :~ ~ ~ ,-::J 1j (f) ) I j 1 j j CrowderGulf RFP - Disaster Response and Recovery Services Monroe County, Florida Tab 1 - Executive Summary Business History CrowderGulf was organized in 1994 and is a registered Florida Corporation. In business since 1983, Gulf Equipment Corporation, the managing company, is an Alabama general contractor licensed in seven Southeastern states. CrowderGulf is headquartered in Theodore, Alabama with satellite offices in Florida, North Carolina, Texas and Virginia. Its principal and management personnel have debris management and removal experience dating back to 1969. CrowderGulf will obtain all required state or local licenses andlor work permits to conduct debris operations for any awarded contract. We employ in excess of 300 people. CrowderGulf has removed and processed over 80,000,000 cubic yards of debris. Debris has been removed from: ROW (Rights-of-Way) Public Property, ROE (Right-of-Entry Program) Private Property, inland and off shore waters. Debris has been chipped and burned, recycled andlor disposed of at properly permitted landfills. CrowderGulf has demolished homes and businesses following hurricanes and floods under FEMA's ROE programs. We have also demolished numerous flood plain structures under the FEMA 404 Hazardous Mitigation and the Flood Mitigation Grant Program. CrowderGulf maintains all required insurances such as General Liability, Personal Injury, Workers Compensation, AutomobilelEquipment Liability, as well as Maritime Insurance. Gray Insurance Company of Metairie, Louisiana provides this insurance coverage. CrowderGulf is an Equal Opportunity Employer. It is our policy to provide an employment and work process free of any unlawful discrimination. We will promote the value of a diverse work force, which fosters fair treatment of all individuals based on knowledge, skill, ability and performance. CrowderGulf is a participant in the national drug free work place program. Our policy prohibits drug distribution, possession or use while in the employment of CrowderGulf. This policy applies to all subcontractors and/or consultants that support or assist the company in any work conducted. Employee training, counseling and/or employee assistance programs bolster the drug free policy. In mid-year of 2000, CrowderGulf adopted a written Code of Business Ethics that applies to all employees with special responsibilities on Foremen, Supervisors and Managers. The ethics program is in four parts: 1) The Ethic Logic; 2) Ethical Standards; 3) Ethics Policy; and 4) Ethics Training. The policy and standards are equally weighted on employees, contractors, subcontractors and consultants. Our ethics plan is available upon request. Scope of Services CrowderGulf has the financial, personnel and equipment resources to provide the management, planning, personnel and equipment to efficiently and effectively provide the County quality disaster related services. Such services will include, but not necessarily be limited to, road clearing, large scale debris removal, separation, staging, and disposal, demolition work, construction and demolition debris removal, hazardous waste handling, tree trimming, tree topping and removal, stump grinding and removal, marine salvage operations, debris removal from inland & off shore waters, sand removal from roads, streets, and right-of-ways, beach sand screening and replacement, and emergency berm construction. We have established solid-working relationships with numerous state emergency response agencies as well as other key agencies involved in disaster response and recovery that include 1 I I I i I I I I I I I - - ~ ~ I I I I CrowderGulf RFP - Disaster Response and Recovery Services Monroe County, Florida the Federal Emergency Management Agency (FEMA) and the U.S. Army Corps of Engineers (USACE). These relationships combined with CrowderGulfs Buddy Young, former FEMA Region 6 Director, afford our clients the benefit of all-inclusive disaster response and recovery services regarding all categories of Public Assistance. The amount of damage that occurs during a natural disaster varies, as do the needs to restore the affected areas. CrowderGulfs basic Debris Management Plan is flexible and set up so that it may be adapted to the specific requirements of the contract and the scope of the disaster. Our Plan establishes an early appraisal of disaster damage, moves trained, well-equipped crews into affected areas in the shortest time possible, and follows a disaster-specific plan to ensure the personnel and equipment are mobilized and utilized in the most efficient and effective manner to remove and reduce debris with the least possible impact on the citizens of the community. Overview of Services. CrowderGulf has a plan tailored to meet the needs and specific requirements of our Client. The services provided will consist of furnishing all labor, materials, and equipment to complete and deliver full Emergency Response and Recovery Services and will include the following minimum services as directed by the Client: 1. Annual or biannual pre-disaster debris management planning critiques and planning assistance. 2. Emergency clearance of debris from public streets and rights-of-way for access by emergency personnel. 3. Permitting, clearing, and/or removing disaster related debris from the public right-of- way, streets, roads, canals, lakes, ponds and waterways. 4. Removal of sand, silt, sludge and rock from roads, streets rights-of-way; screening material to segregate material and transporting material to designated disposal sites. 5. Beach sand screening and reclamation. 6. Management and operation of debris reduction sites to accept, process, reduce and/or dispose of disaster-related debris. Contractor shall assist the Client in identifying and selecting appropriate Temporary Debris Storage and Reduction Sites (TDSRS) to be utilized as debris staging and processing locations. 7. Debris separation (i.e., vegetative, C&D, recyclable debris, white goods, and hazardous waste) and reduction of eligible organic debris using tub grinding or air curtain incineration in accordance with all applicable laws and regulations. 8. If specifically requested and authorized, implementation and operation of a Right-of- Entry ("ROE") program to affect clearance and removal of debris from private property. Contractor shall manage the ROE program by assisting with the obtaining, categorizing and recording of each ROE application and the successful completion thereof. 9. Demolition and removal of condemned structures and buildings that pose a threat to public health and safety resulting. 10. Tree trimming in accordance with American National Standard ANSI A300, tree topping, tree removal, stump grinding, grubbing, clearing, hauling and disposal. 11. Providing all permits and services necessary for the containment, clean-up, removal, transportation, storage, testing, treatment and/or disposal of hazardous materials and wastes to include bio-hazards and animal carcasses. 12. Perform other disaster response and recovery activities, as necessary, and as specifically directed and authorized. 13. Accurate verifiable documentation of each load of debris along with daily and other regular reports of all loads of debris and work performed with provisions for inspection by the Client. 14. All staging areas, work areas and TDSRS will be left in a clean and neat condition and/or restored to their original condition as may be required. 2 II I II I Ii I I I i M ~ , I I I I I I I CrowderGulf RFP - Disaster Response and Recovery Services Monroe County, Florida 15. Technical Disaster Recovery Assistance to assist the Client in managing the recovery process and substantiating requests for reimbursement from the State andlor FEMA for eligible Public Assistance funding Annual training sessions will be made available for Client personnel who may be designated to work with CrowderGulf after the disaster during the debris removal and reduction operation. Debris Removal Proaram Standards. CrowderGulf shall conduct all debris operations outlined in this proposal to meet the program standards provided for in the FEMA "Debris Management Guide". In addition, CrowderGulf will conduct all debris related operations in accordance with all applicable federal, state, and local laws, rules and/or regulations. Temporary Debris Staaina And Reduction Sites (TDSRS). Upon award of a contract, CrowderGulf will meet with Client officials to assess and determine the location of potential temporary debris storage and reduction sites. The scope of the disaster and resultant damage will determine the number of sites required. Preference will be given to Client-owned land. If it is determined that sufficient Client-owned land is not available, the use of privately owned sites will be investigated. We will attempt to negotiate leaselrent rates in advance with the owners of such private land for use in the event of a disaster. If private land use is required during a disaster, actual lease/rent costs will be passed through to the Client. All other costs associated with the preparation, operation, and restoration of temporary debris storage and reduction sites will be included in CrowderGulf pricing structure for the contract. Workina Hours. Debris will be collected and loaded during visible daylight hours seven (7) days per week. With the approval of the Client, debris reduction at the TDSRS will, at our discretion and as required, take place on a twenty-four (24) hours seven (7) days a week basis. Specialty Debris. CrowderGulfs supervisory personnel are experienced in identifying and assessing potential problems imposed by specialty debris including hazardous materials and waste, bio-hazardous wastes, dead animals, and hazardous stumps. If removal and disposal is beyond the area of our expertise, CrowderGulf will use Garner Environmental Services, a highly qualified and licensed Hazmat contractor, to remove and dispose of any such materials. Community Relations. CrowderGulf is well aware of the trauma and disruption placed on a community's economy and it citizens' lifestyles resulting from the occurrence of a natural disaster. Our personnel are thoroughly indoctrinated regarding CrowderGulf's policy to always be compassionate, polite and responsive to the needs of the community and its citizens. We have received numerous recommendations and testimonials from various governmental officials stating their appreciation for our Community Relations Policy and attesting to its success within the communities we have served. The responsibility to interface with the elected and appointed officials as well as the citizens at large is assigned to a Senior CrowderGulf Official on all contracts for storm services. CrowderGulf has a Public Relations Manager to assist the Client with the dissemination of information to keep the public informed about ongoing recovery efforts and community participation in those efforts. If requested by the Client, CrowderGulf also has an AudioNisual Producer on staff to assist with formal presentations. Data Trackina. Accountina And Financial Manaaement. CrowderGulf has both the financial resources and stability to efficiently and effectively perform the services contemplated by this proposal. Upon request, bank references are available. 3 j j I I I I I I ~ , , t I I I I I t I CrowderGulf RFP - Disaster Response and Recovery Services Monroe County, Florida Debris Load Tickets for each truckload of debris hauled. The key features of financial accountability are maintained throughout the contract process using a system of checks and balances that is tied directly to the Truck Capacity Certification form. The data and accounting system are as follows: 1. A specially designed Microsoft Access database program is used to track and account for the quantitative and descriptive debris data. The database allows CrowderGulf to keep accurate statistical information and provide an easy audit trail. Designated office personnel enter, count and total quantities from debris load tickets on a daily basis. The system is easily modified to meet the particular daily, weekly, and reporting requirements of our clients. 2. A computerized accounting program is used for all accounting, invoicing, and payments. The on-site office is self-sufficient with backup from the Disaster Administration Office. 3. Client's can logon to CrowderGulf's website, www.crowderqulf.com. to view client specific information. Manaaerial Capabilities CrowderGulf has successfully managed debris and reduction operations in multiple counties and municipalities during previous disasters. In 2005 following Hurricanes Katrina, Rita, and Wilma and continuing in 2006, CrowderGulf managed debris removal and reductions operations simultaneously in five states: Alabama, Florida, Louisiana, Mississippi and Texas. Beginning August 13, 2004, the first of four hurricanes hit Florida and by September 14th the fourth hurricane had made landfall in Florida, Alabama and Mississippi. CrowderGulf had 38 pre- event contracts activated by impacted cities and counties from South Florida to Pascagoula, Mississippi. CrowderGulf began moving debris in Lee County, Florida, Sanibel Island, Florida, Orange County, Florida and Orlando, Florlda within 48 hours of the first hurricane and continued mobilizing men and equipment to our many customers on a timely basis as three additional hurricanes made landfall in a one-month time frame. By the time the last hurricane hit, we had mobilized approximately 2,800 men, 1,600 trucks, 600 pieces of loading equipment, 22 tub grinders and 10 air curtain incinerators. We removed and reduced in excess of 14,000,000 - 15,000,000 cubic yards of debris. The majority of work was completed by the end of December 2004 with only processed debris removal and TDSRS's closures remaining in Escambia County, Florida, which received the most severe damage. In Escambia County, one of the most damaged areas, processed debris removal continued through June 2005. On September 17,2003, the day before Hurricane Isabel made landfall, CrowderGulf was issued a Notice to Proceed by the Virginia Peninsulas Public Service Authority (VPPSA) for the Cities of Newport News and Poquoson, and the Counties of James City and York. On the same day, the Southeastern Public Service Authority (SPSA) issued CrowderGulf a Notice to Proceed for the Cities of Norfolk, Suffolk, and Virginia Beach, and Isle of Wight and Southampton Counties. The day after the storm struck, CrowderGulf was moving debris. CrowderGulf subsequently mobilized 1,063 trucks, 155 loaders, 11 tub grinders, nine air curtain incinerators, and numerous pieces of support equipment. Manpower mobilization exceeded 1,450 people. The first pass was completed within 40 - 50 days, with approximately 3,900,000 cubic yards of debris, 13,900 stumps and 1,700 logs being removed from public rights-of-way. CrowderGulf also implemented (at the request of specific clients) right-of-entry debris removal, cut and removed leaning trees, and removed C&D and white goods. We completed third and fourth passes for our clients and the total volume of debris removed exceeded 4,100,000 cubic yards. 4 I I I I Ii I I I I I i I - - I I i - I CrowderGulf RFP - Disaster Response and Recovery Services Monroe County, Florida Also in 2003, CrowderGulf was issued a Notice to Proceed by Dare County and the Town of Williamston in North Carolina. The clean up of Williamston was completed in three weeks. Dare County, approximately 85 miles long encompasses a large area of the Outer Banks. With 2,700' of Highway 12 being washed out, CrowderGulf had to mobilize men and equipment by barge and ferry to Hatteras, North Carolina. Debris removal and reduction was accomplished in Dare County in 45 days. We also completed work demolishing structures in Hatteras Village, screening sand, and building dunes and planting of beach grass on the rebuilt dunes. After the 2002 ice storms in Kansas and Missouri, CrowderGulf successfully managed simultaneous debris removal & reduction operations in Lee's Summit, MO, and Wyandotte County/Kansas City, KS. In the aftermath of Hurricane Floyd and subsequent floods during 1999 and 2000, CrowderGulf successfully managed simultaneous debris removal & reduction operations in the Counties of Wilson, Nash, Edgecombe, & Richmond, NC and the Cities of Wilson, Rocky Mount, Princeville, and Rockingham, NC, removing and reducing in excess of 1,000,000 cubic yards of debris. In addition, CrowderGulf managed the demolition of approximately 600 flood-damaged homes, and demolition of approximately 200 homes under FEMA 404 Hazard Mitigation Program in Edgecombe County and Princeville, NC. After Hurricane Fran in 1996, CrowderGulf successfully managed simultaneous debris removal & reduction operations in Wilson County, NC, the City of Wilson, NC, and in 20 other counties in North Carolina, for the U.S. Army Corps of Engineers. As a result of, Hurricane Opal in 1995, CrowderGulf successfully managed simultaneous debris removal & reduction operations in Bay County, FL and the Cities of Panama City and Lynn Haven, FL. After Hurricane Andrew in 1992 and 1993, CrowderGulf successfully managed simultaneous debris removal & reduction operations in.Florida in Dade County and the Cities of Miami Beach, Miami, Homestead, and Key Biscayne, and reduction operations in Ft. Lauderdale, Tavares, Medley, and for the U.S. Army Corps of Engineers. Following Hurricane Hugo in 1989, we successfully managed simultaneous debris removal & reduction operations in the North Carolina Counties of Kershaw, Lancaster, and Manning, the Cities of Florence, Manning & Charleston and 90 miles of 1-20 & 1-95 for the South Carolina DOT. CrowderGulf has extensive experience managing debris disposal and/or reduction sites having operated such sites during all of the projects we have managed. After the 1994 ice storm in Tennessee, CrowderGulf operated five burn sites in the Memphis area, receiving and reducing all debris from City, County, DOT, and private contractors. CrowderGulf personnel also operated multiple reduction (burn) sites in Alabama for over 18 months after Hurricane Frederick and two reduction sites for six months in North Carolina after Hurricane Fran. 5 '!t' (j) ~ 0 N C ~ (j) :gjf: .D 'C ~ m (j) f t- o. x W ,-" <~';'r";'M;';.':"i_?~'~'4'X_U'&7,.>1f.vr.!Mj'~/illJi,,~-rr~:~_/~'U:tA/Y'~~~~~~;"*fl"f3:tf;;~;; I I I I I I I I I: I I' I I I I I I I I CrowderGulf RFP - Disaster Response and Recovery Services Monroe County, Florida Tab 2 - Relevant Experience Disaster Proiect References 1. Project Title: FEMA-1609-DR 2005 Hurricane Wilma FEMA-1602-DR 2005 Hurricane Katrina Client: City of Pembroke Pines, Florida Contact: Shawn Denton, Director of Public Services (954) 538-3644 Period: Wilma 10/05 - 2106; Katrina 8/05 -10105 Project: Manage, survey, collect, reduction and disposal of debris 2. Project Title: Client: Contact: Period: Project: FEMA-1609-DR 2005 Hurricane Wilma FEMA-1545-DR 2004 Hurricane Frances Village of Wellington, Florida Tim Hunt (561) 798-6378 Wilma 10/05 - 1/06; Frances 9/04 -12/04 Manage, survey, collect, reduction and disposal of debris 3. Project Title: FEMA-1609-DR 2005 Hurricane Wilma Client: City of West Palm Beach, Florida Contact: Ken Reardon, Public Works (561) 644-7483 Period: 10/05 - 12/05 Project: Manage, survey, collect, reduction and disposal of debris 4. Project Title: Client: Contact: Period: Project: FEMA-1609-DR 2005 Hurricane Wilma FEMA-1602 DR 2005 Hurricane Katrina City of North Miami, Florida Mark E. Collins, Public Works Director (305) 893-6511 ext. 2211 Wilma 10/05 - 2/06; Katrina 8/05 - 10/05 Manage, survey, collect, reduction and disposal of debris 5. Project Title: FEMA-1609-DR 2005 Hurricane Wilma Client: City of North Miami Beach, Florida Contact: Esmond Scott, Public Works (305) 336-9006 Period: 10105 -11/05 Project: Manage, survey, collect, reduction and disposal of debris 6. Project Title: Client: Contact: Period: Project: FEMA-1609-DR 2005 Hurricane Wilma FEMA-1602-DR 2005 Hurricane Katrina FEMA-1545-DR 2004 Hurricane Frances City of Pompano Beach, Florida Russell Ketchum, Public Works (954) 545-7011 Wilma 10/05 -1/06; Katrina 8/05 - 9/05; Frances 9/04 -11/04 Manage, survey, collect, reduction and disposal of debris 7. Project Title: FEMA-1609-DR 2005 Hurricane Wilma FEMA-1602-DR 2005 Hurricane Katrina Client: City of Aventura, Florida Contract: Robert M. Sherman, Director of Community Services (305) 466-8930 Period: Wilma 10105 -11/05; Katrina 8/05 - 9/05 Project: Manage, survey, collect, reduction and disposal of debris 6 I I I I I I I I I I ~ - I I I I - t I CrowderGulf RFP - Disaster Response and Recovery Services Monroe County, Florida 8. Project Title: FEMA-1609-DR 2005 Hurricane Wilma FEMA-1561-DR Hurricane Jeanne FEMA-1539-DR 2004 Hurricane Charley Client: Lee County, Florida Contact: John Wilson, Emergency Management Director (239) 229-1117, (239) 335-1600 Lindsey Sampson, Solid Waste (239) 338-3302 Period: Wilma 10/05 - 12/05; Jeanne I Charley 8/04 - 2/05 Project: Manage, survey, collect, reduction and disposal of debris 9. Project Title: Client: Contact: Period: Project: 10. Project Title: Client: Contact: Period: Project: FEMA-1609-DR 2005 Hurricane Wilma FEMA-1539-DR 2004 Hurricane Charley City of Sanibellsland, Florida Gates Castle, Public Work Director (239) 472-6397 Wilma 10105 - 12/05; Charley 8104 -2/05 Manage, survey, collect, reduction and disposal of debris FEMA-1604-DR 2005 Hurricane Katrina FEMA-1594-DR 2005 Hurricane Dennis FEMA-1550-DR 2004 Hurricane Ivan City of Pascagoula, Mississippi Kaye Kell, City Manager (228) 217-0330 Katrina 8/05 to present; Dennis 7/05 - 8/05; Ivan 9/04 - 10/04 Manage, survey, collect, reduction and disposal of debris 11. Project Title: FEMA-1604-DR 2005 Hurricane Katrina Client: City of Biloxi, Mississippi Contact: A. J. Holloway, Mayor (228) 435-6254 Period: 9/05 to present Project: Manage, survey, collect, reduction and disposal of debris 12. Project Title: Client: Contact: Period: Project: FEMA-1605-DR 2005 Hurricane Katrina FEMA-1593-DR 2005 Hurricane Denise FEMA-1549-DR 2004 Hurricane Ivan Baldwin County, Alabama Lee Ann Ryals, Director of Baldwin County EMO (251) 947-1011 Tom Grainger, Baldwin County Engineer (251) 455-5141 Katrina 9/05 - 12/05; Dennis 7/05 - 8/05; Ivan 9/04 - 2/05 Manage, survey, collect, reduction and disposal of debris 13. Project Title: FEMA-1605-DR 2005 Hurricane Katrina FEMA-1549-DR 2004 Hurricane Ivan Client: City of Daphne, Alabama Contact: Ken Eslava, Public Works Director (251) 591-3377 Period: Katrina 9/05 -12/05; Ivan 9/04 -1/05 Project: Manage, survey, collect, reduction and disposal of debris in City and Parks 14. Project Title: FEMA-1605-DR 2005 Hurricane Katrina FEMA-1549-DR 2004 Hurricane Ivan City of Gulf Shores, Alabama Chuck Hamilton, Gulf Shores Public Works Director (251) 968-1155 Katrina 9/05 - 10/05; Ivan 9/04 - 11/04 Manage, collect, reduction and disposal of debris, beach cleaning, debris 7 Client: Contact: Period: Project: - I I ~ I ~ I I I I I i I , ~ I - ~ ~ CrowderGulf RFP - Disaster Response and Recovery Services Monroe County, Florida 18. Project Title: FEMA-1545-DR 2004 Hurricane Frances FEMA-1539-DR 2004 Hurricane Charley Orange County, Florida William P. Baxter, Public Works Director (407) 836-7979 Deodut Budhu, Manager Roads & Drainage (407) 836-7919 Frances 9/04 - 4/05; Charley 8/04 - 9/04 Manage, survey, collect, reduction and disposal of debris 15. Project Title: Client: Contact: Period: Project: 16. Project Title Client: Contact: Period: Project: 17. Project Title: Client: Contact Period: Project: Client: Contact: Period: Project: 19. Project Title: Client: Contact: Period: Project: 20. Project Title: Client: Contact: Period: Project: removal from Gulf Waters and surrounding water bodies FEMA-1605-DR 2005 Hurricane Katrina FEMA-1549-DR 2004 Hurricane Ivan State of Alabama Department of Conservation and Natural Resources Terry Boyd, DCNR Director (334) 850-5060, (334) 868-9851 Chuck Hamilton, Gulf Shore Public Works Director (251) 968-1155 Matt Bell, Engineer, Volkert & Associates (251) 968-7551 Mitch Kidd, Engineer, Volkert & Associates (251) 968-7551 Katrina 9/05 - 3/06; Ivan 6105 - 5/06 Debris removal, disposal and beach cleaning - Gulf of Mexico, Alabama State Park, Little Lagoon, Weeks Bay, Magnolia River and Dauphin Island FEMA-1609-DR 2005 Hurricane Wilma FEMA-1602-DR 2005 Hurricane Katrina FEMA-1545-DR 2004 Hurricane Frances City of Ft. Lauderdale, Florida Greg Slagle, Public Works Department (954) 828-5341 Wilma 10105 - 3/06; Katrina 8/05 - 10/05; Frances 9/04 - 12/04 Manage, survey, collect, reduction and disposal of debris FEMA-1609-DR 2005 Hurricane Wilma FEMA-1602-DR 2005 Hurricane Katrina FEMA-1545-DR 2004 Hurricane Frances City of Wilton Manors, Florida David J. Archacki, Emergency Management Coordinator (954) 390-2190 Wilma 10/05 -12/05; Katrina 8/05 - 9/05; Frances 9/04 -11/04 Manage, survey, collect, reduction and disposal of debris FEMA-1539-DR 2004 Hurricane Charley City of Orlando, Florida David Metzker, Public Works Director (407) 246-3573 Mike Carroll, Solid Waste Bureau Chief (407) 538-8916 8/04 - 2/05 Manage, survey, collect, reduction and disposal of debris FEMA-1545-DR 2004 Hurricane Frances Brevard County, Florida Uri Rodriguez, Solid Waste Department Manager (321) 633-2042 Roger Turnbull, Solid Waste Operations Manager (321) 633-1888 9/04 - 2/05 Manage, survey, collect, reduction and disposal of debris 8 I ~ I I I I I I I ~ ~ ~ , t I I I I I CrowderGulf RFP - Disaster Response and Recovery Services Monroe County, Florida 21. Project Title: Client: Contact: Period: Project: 22. Project Title: Client: Contact: Period: Project: 23. Project Title: Client: Contact: Period: Project: 24. Project Title: Client: Contact: Period: Project: 25. Project Title: Client: Contact: Period: Project: Entities: FEMA-1539-DR 2004 Hurricane Charley Polk County, Florida Lance Davis, Roadway Maintenance Superintendent (863) 534-7631 8/04 - 3/05 Manage, survey, collect, reduction and disposal of debris FEMA-1539-DR 2004 Hurricane Charley Hardee County, Florida Janice Williams, Solid Waste (863) 773-3199 8/04 - 2/05 Manage, survey, collect, reduction and disposal of debris FEMA-1602-DR 2005 Hurricane Katrina FEMA-1595-DR 2005 Hurricane Dennis FEMA-1551-DR 2004 Hurricane Ivan Walton County, Florida Bill Emfield, Director of Purchasing (850) 892-8470 Katrina 9/05 - 12/05; Dennis 7/05 - 8/05;; Ivan 9/04 - 1/05 Manage, survey, collect, reduction and disposal of debris FEMA-1595-DR 2005 Hurricane Dennis FEMA-1551-DR 2004 Hurricane Ivan Escambia County, Florida George Touart, County Administrator (850) 595-4947 Dennis 7/05 - 11/05; Ivan 9/04 - 6/05 Manage, survey, collect, reduction and disposal of debris FEMA-1491-DR-VA, 2003 Hurricane Isabel Virginia Peninsulas Public Service Authority Stephen B. Geissler, P. E., Executive Director (757) 259-9850 9/03 - 4/04 Manage, survey, collect, reduce and dispose of approximately 1.9 million CY of debris City of Newport News, James City County, City of Poquoson, York County 26. Project Title: FEMA-1491-DR-VA, 2003 Hurricane Isabel Client: Southeastern Public Service Authority Contact: Steve Coomer, CPPB, Purchasing Administrator (757) 420-4700 Period: 9/03 - 4/04 Project: Manage, survey, collect, reduce and dispose of approximately 2.25 million CY of debris Entities: City of Norfolk, Isle of Wight City, City of Suffolk, Southampton City, City of Virginia Beach 27. Project Title: FEMA-1457-DR-NC, 2003 Ice Storm Debris Removal Client: City of Winston-Salem, North Carolina Public Works Department Contact: Gregory M. Turner, Assistant City Mgr. Public Works (336) 727-2545 Rebecca McBride, Director of Sanitation, (336) 727-2638, (336) 748-3080 Period: 4/03 - 5/03 Project: Manage, survey, and collect vegetative debris 9 j j i I I I I I I I ~ j , t , I t t I CrowderGulf RFP - Disaster Response and Recovery Services Monroe County, Florida 28. Project Title: FEMA-1403-DR-MO, 2002 Ice Storm Debris Removal and Reduction Client: City of Lee's Summit Missouri Public Works Department Contact: Robert Hartnet, Deputy Director of Public Works (816) 969-7323 Russell Pankey, Procurement Manager (816) 969-7466 Period: 2/02 - 4/02 Project: Manage, survey, collect and reduce vegetative debris 29. Project Title: Client: Contact: FEMA-1402-DR-KS, 2002 Ice Storm Debris Removal and Reduction Unified Government of Wyandotte City & Kansas City Kansas Public Works Department Bill Blackwell, Deputy City Engineer (913) 573-5700; (816) 835-4486 Cell George Sooter, Right of Way Manager (913) 573-5700 2/02 - 4/02 Manage, survey, collect and reduce vegetative debris Period: Project: Note: All of the above were federally reimbursable projects and were completed without dispute Training References CrowderGulf, has conducted training seminars for many of our clients in Florida. The seminars, which were attended by members of various departments of the local governments, covered debris operations and procedures, data tracking, accounting, and Public Assistance funding and concerns. Listed below is a partial reference list for these training seminars, a complete list can be furnished upon req uest. Brevard County Uri Rodriguez, Solid Waste Director (321) 633-2042 Lisa Tolon, Asst. Solid Waste Director (321) 633-7112 2725 Judge Fran Jamieson Way, Building "C" Viera, FL 32940 City of Destin Charles L. Meister, City Engineer (850) 837-4242 Tim Shockley, Public Works Director (850) 837-4242 4200 Two Trees Road Destin, Florida 32541 City of Fort Lauderdale Greg Slagle, Director - Sanitation Division (954) 828-5311 949 N.W. 38th Street Ft. Lauderdale, FL 33309 Lee County Cindy Logan, Contract Mgmt. Supervisor (941) 335-2183 David Saniter, Lee County Emergency Mgmt. (941) 477-3600 1500 Monroe Street, 4th Floor Fort Myers, Florida 33901 Leon County Keith Roberts, Purchasing Director Judd Curtis, Solid Waste Director (850) 488-1505 Purchasing Division - 2284 Miccosukee Road Tallahassee, Florida 32308 City of Panama City Ken Hammons, City Manager (850) 872-3010 Joseph E. Villadsen, Public Works Director (850) 872-3170 P.O. Box 1880 Panama City, Florida 32402 City of Tallahassee Marty Bishop, EMC (850) 933-0778 Cathy Kirkpatrick, Mgr. - Procurement Svcs. (850) 891-8130 300 South Adams Street Tallahassee, Florida 32301-1731 10 j I I I i I ~ ~ I I i i , , i I I I t COLLIER COUNTY TRANSPORTATION SERVICES DMSION Stormwater Management Department 2885 South Horseshoe Dr. · Naples, Florida 34104 · 239-774-8192 · FAX 239-659-5790 September 26,2006 John Ramsay, President Crowder Gulf Venture, Inc. 5535 Business Parkway Theodore AL 36582 Subject: Hurricane Wilma - Disaster Debris Removal and Disposal Contract Number 05-3661 Purchase Order No. 4500065408 Dear Mr. Ramsay: This letter serves as Collier County's final close out letter concerning the disaster debris removal disposal from Hurricane Wilma. It has been a pleasure doing business with your company. The project was staffed with excellent personnel and all phases and issues with the project were resolved in an expedient manner. Rick Jones was a great asset to the project. His innovative, get the project done attitude contributed to the success of the project. His communication with County staff, the monitoring company and NRCS personnel were excellent. Any citizen complaints or issues were addressed before final sign offs were complete. The project is considered complete. I would riot hesitate to contract with Crowder Gulf again and look forward to working with your firm in the future. If you have any questions, please contact me at (239) 213-5857. Sincerely, ~:J~:P~ Senior Project Manager Attachments: Purchase Order No. 4500065408 c. {~~~ y c. to o e r o .. n II I 1:~dS\l1,,1I ~h,\"or r~ljk\' \' c1din!",.l1' . I)j";:'d J - I);\\'i<l C"h,'" Cil,' ckrh C':;J'h~' U;lrllt.'ll,' I)blrlt'! '2 II r.:illlbe~'I)' Ilrik\' \ ,'i,)~uu;\:' J)i I\'l:l( W:' l'r\"';l.~;\ If..:r J(,b" J.. I ",he' l.Ji"lrid :' l\ \'I~ l'::->l~, \'~I. Jr. Direclor <ll'l'llhlic W".,.k" (h\~)~~ w, rhm\~11l1 D;sll'k'I,'1 II 1~(\l\a1d SL'OU Di"lric'l :; II 1.<~.gilll\ i ~\lJ(lr\' l)i!Mil~1 (, June 23, 2006 ,\1'1.:"" ),,,llIlIll~, 1),,;1('1\:17 II Ms. Maria Esteves City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 II Re: Crowder-Gulf Disaster Debris Management I Dear Ms. Esteves, I Please find attacbed our completed Performance Evaluation Survey form as related to tbe quality of services rendered by Crowder-Gulf during disaster cleanup. I This company is exceptionally well staffcd with Administration, Pro,icet Management personnel and as well, h;!Vc chosen very competent sub-contract:ors to perform the field operations side ofthc cleanups. As well, when evaluating them as our potential contractor several years ago, they displayed a tremendous depth of assets and all their references I called spoke very highly of their pel'formance. It Ii The high quality of their services allow me, as the primary Emergency Manager for the City of Daphne, to focus on other critical dtizcn related needs during emergency conditions. In other words, I have placed an enormous trust in Crowder-Gulf during serious conditions, and they have always proven to be a partner we can count on. i Should you have any further questions, please feel free to contact me. I oza::": ~Director Divisions of Public Works & Maintenance Emergency Management Coordinator III I I PUBLIC WORKS DEPARTMENT 26435 PUBLIC WORKS RD . P.O. BOX 400 . DAPHNE, ALABAMA 36526 TELEPHONE 12511621-3181. . FAX (1.51) 67.1-3189 e-MAIL: c1aplmepw@bell.O\lth.net I' J LEE COUNTY ;OUTHWEST FLORIDA (239) 479-8124 Writer's Direct Dial Number: 30ARD OF COUNTY COMMISSIONERS lob Janes )istrict One VVednesday, June 14,2006 )ouglas R. St Cerny )istrict Two Ms. Ashley Ramsey Crowder-Gulf Joint Venture 5435 Business Parkway Theodore AL 36582 ,ay Judah )istrict Three -ammy Hall )istrict Four lohn E. Albion )istrict Five )onald D. Stilwell ~ounty Manager )avid M. Owen ~ounty Attorney )iana M. Parker ~ounty Hearing =xarmner @ Recycled Paper Re: Hurricane Disaster Relief, Lee County FL Dear Ms. Ramsey: I would like to take this opportunity to thank Crowder-Gulf, Brian Floyd, and his crew for the excellent professionalism, expediency, and attention to detail in the completion of our contract with your company. I was a pleasure to work with them, and we look forward to working with you in the future. Should you have any questions, please call me at the above telephone number. Regards, LEE COUNTY PUBLIC WORKS DEPARTMENT UbJP1 Allen L. Davies, Jr. Project Manager Natural Resources Division S :\H u rricaneWilma\CrowderGulflFloyd .doc P.O. Box 398, Fort Myers, Florida 33902-0398 (239) 335-2111 Internet address http://www.lee-county.com AN EQUAL OPPORTUNITY AFFIRMATIVE ACTION EMPLOYER I I I I M. BARNETT LAWLEY COMMISSIONER I I I - e~ ~. * g ~ * .. ~ * !..01l/DA STATE OF ALABAMA DEPARTMENT OF CONSERVATION AND NATURAL RESOURCES 64 NORTH UNION STREET, SUITE 479 MONTGOMERY, ALABAMA 36130 (334) 242-3476 FAX (334) 242-0289 BOB RILEY GOVERNOR TERRY N. BOYD, CHIEF ENGINEERING SECTION March 15, 2006 RE: Crowder-Gulf (Gulf Equipment Corporation) 5535 Business Parkway Theodore, Alabama 36582 I I ~ I i I ~ - ~ - ~ ~ To Whom It May Concern: The above reference company has work on several debris projects for our Department. Mr. John Ramsey was the one who initially helped us look at and define wet debris to FEMA, so that they (FEMA) would approve wet debris as an eligible expense, after Hurricane Ivan. He was very helpful in determining cost budgets for numerous debris projects and methods of removal of the debris. This company bid on and was low bidder on numerous debris projects after Hurricane Ivan. They did debris cleanup on over two miles of beach front park property (Gulf State Park) that included wet beach, dune areas, and vegetative dune areas; they did overJ5 miles of wet debris removal from the Gulf of Mexico from the mean high tide to 600' out into the water; they did wet debris and wetland debris removal from and around Little Lagoon; they did wet debris removal from Weeks Bay and debris removal from Magnolia River; and debris removal from Gulf State Park campground dead trees and ditch clean out, all this work was Hurricane I van related. They also did wet debris for 36,3 miles of Gulf of Mexico from mean high tide out 800'; wet debris removal from Weeks Bay and Mississippi Sound, after Hurricane Katrina. The work for Hurricanes Ivan and Katrina total over six million dollars. I have worked with hundreds of contractors in my 20 plus years with this department and Crowder-Gulf were one of the best I have ever worked with. They are a very efficient and cooperating company to work with. I would highly recommend hiring them to do your debris work. If you have any questions concerning this company's work performance, please call me at 1-877-785-4378. Sincerel y, S The Department of Conservation and Natural Resources does not discriminate on the basis of race, color, religion, age, gender, national origin, or disability in its hiring or employment practices nor in admission to. access to, or operations of its programs, services, or activities. - - ~ ~ ~ ~ ~ ~ I I i i i - - - - - - Gity of gulf Breeze 1070 Shoreline Drive, Gulf Breeze, Florida 32561 (850) 934-5100 - direct (850) 934-4030 -~ ~ , ,- Monday, March 13, 2006 RE: Gulf Equipment Corp. To Whom It May Concern: This letter will confirm that Gulf Equipment Corp. has been engaged to work on behalf of the City of Gulf Breeze to the City's full satisfaction on three occasions in the past twelve month. Hurricane Ivan - Jurisdictional Wetlands Drainal!e Restoration, Phase I Gulf Equipment Corp was the main subcontractor to Crowder Gulf, one of the winning contractors, for this environmentally sensitive work. The scope of work involved removing storm-surge-deposited man-made materials in the City's jurisdictional wetlands, which also serve as one of the City's primary stormwater retention and filtration areas. The environmental permitting agencies restricted heavy equipment access to the area, so that the vast majority of material had to be deconstructed on site and removed manually. Material removed included a wide variety of household hazardous materials, commercial propane tanks, dumpsters, portions of piers and decks, stairways and breakaway walls, hot tubs, small vessels, boat lifts, a wide variety of commercial and household furnishings, and various building materials. Shoreline Park South swimminl! area safety inspection As subcontractor to Crowder Gulf, Gulf Equipment performed a sonar scan of the park swimming area and manually removed approximately 10 cubic yards of potentially injurious materials from the bottom of the Santa Rosa Sound park swimming area. Hurricane Ivan - Jurisdictional Wetlands Drainal!e Restoration, Phase II Gulf Equipment was the winning bidder for the final phase of this environmentally sensitive work. The scope of work involved the relocation (deconstruction and 'side-cast') of remaining vegetative impediments to flow and drainage (primarily rootballs and fallen trees). Again, virtually all work was performed manually. Our encounters with Gulf Equipment Corp and its representatives have been courteous, professional, and informative. In none of the above work were change orders requested. Overall, our experience with Gulf Equipment Corp. has been positive and we would welcome the opportunity to engage them on future projects. ?~ Stephen A. Mil~ Manager, Special Projects City Administrator's Office P.O. Box 3366 West Palm Beach, FL 33402 Telephone: 561-822-1400 Fax: 561-822-1424 'lhe City of West Palm 'Beach I I I I I I "The Capital City of the Palm Beaches" November 21,2005 John Ramsey CROWDER-GULF 5535 Business Parkvvay Theodore, Alabama 36582 Dear Mr. Ramsey, I want to take this opportunity to thank you for the excellent recovery and clean-up efforts provided by your company after Hurricane Wilma. The efficient and timely debris management by your crews was critical in restoring West Palm Beach neighborhoods to normalcy and safety. Once again, thank you and congratulations on a job well done! ijrelY~ Ei!J'uitChell. City Administrator "An Equal Opportunity Employer" I I ~ l~iOln.:rly llrik" Fi,,,..m:<: l)i\"\...,(()..tl':-'-'<"~\lt':r Jl:\il"y Yddinp^ Jr. J)i~<1rkj J i lired :\mnll ~'1.;1ynr (':tll1y H~If1ldk Di:<lrk't2 1).1Vj.t (.)h~11 Ci{~' (,I~rk )(,III1I..I.akc Di:<lli,'\ :\ ~ Kcl1l\~hl\'n. .II'. I )i(';'~"r "I' hl!.>li,: Wnr~" On'}.!. \\'. Burl\am l)ixlrkl <1 Rmlilld Swll Dlwkl5 , Rt..'i~i11,1 f ...:mdrv . l>bu;,'l;', August 11, 2005 :\lIpl'11'IlIUlIIl1\\ l)i,trir;17 ~ Re: Letter of Recommendation / Crowdcr-Gulf ~ ~ To Whom It May Concern, ~ Please consider this a forma,11ettcr of recommendation in. favor of our debris contractor, Crowder-Gulf. ~ As Hurricane Ivan approached thc Gulf coast~ Crowdcl"wGulfwas staging equipmcnt and manpowcr in prep~u'.ation for immediate response in clearing.& cleaning the streets of the City of Daphne. ~ The moment we gave the go abead, and winds had reduced to 35 m.p.h., thcercws of Crowder-Gulf went into full ~le operations. In less than 24 hours; all streets in the City of Daphne were cleared and passable for resuming traffi\': flow. When I awarded Crowder-Gulf the contrad over a year ago, I a<lvised them tbat 1 expected them to respond immediately, respect our citizens and work with us as a team during cleanup operations. They came th,"ough for us with flying colors & performed likc true professionals during the entire operntion. ~ ~ I One major factor to consider while selecting a debris contractor is their ability to call up an almost endless stream o,fsub-contractors. While reviewing Crowder- Gulf's history of cleanup operations across the world, I looked dose:ly at this fador. They have the crucial ability to acquire large forces (}f manpower and equipment, and the surprise to me was the quality of sub-eontracton~ WhOWOfk with them. I I I I PUBUC WORKS DEPARTMENT 26435 PUBUC WORKS RD · P.O. BOX 400 . DAPHNE, ALABAMA 36526 TELEPHONE (:251) 621-318::! . FAX (251)621-3189 E-MAIL ~dflphnepW@bellsouth.net ~ I I I I I ~ I - I I I ~ ~ I I I I I l,lastly, Crowder-Gulf is widely o:spedcd by the Federal Eiflcrgency Management Agency as a reputable contractor who understands th'e law, and abides by it when it comes to debris operations. I strongly recommend that you consider awarding your pre~cvent debris management contract to Crowder-Gulf, and se~jllg for yourself bow a quality debris contractor manages his busines:s.. On Bebalf of the City of Daphne, I. Am Sincerely .........----- _.-/" -------~ ~--'? y~ ~. ----., /' Ken Eslava., Oirector Divisions of Public Work..; & Maintenance, City of Daphne Emergency Management Coordinator I :,.. ~ CITY OF Ii FORT LAUDERDALE I 'Venice of JImerica Ii October 18, 2005 I I Mr. Jack Boland, Project Manager Crowder Gulf Joint Venture 5535 Business Parkway Theodore, AL 36582 II i Dear Mr. Boland i I would like to take this opportunity to compliment your tub grinding operation. Hurricane Katrina arrived in Fort Lauderdale August 25,2005 and the city opened two temporary debris staging areas Holiday Park and Mills Pond Park. The tub grinder did an excellent job processing material at both sites in an efficient and timely manner. Please inform you staff of a job well done. i III SinCe~lY' Greg D. Slagle Supe . tendent I II I II I I I II MAILING ADDRESS: PUBLIC WORKS DEPARTMENT (SANITATION DIVISION) LOCATED AT: 220 SW 14 AVE-BLDG. 48 . FORT LAUDERDALE, FLORIDA 33312 949 NW 38TH STREET' FORT LAUDERDALE, FLORIDA 33309 . CUSTOMER SERVICE INFORMATION: 954-828-8000 www.fortlauderdale.gov ... PRINTED ON RECYCLED PAPER "t./ EQUAL OPPORTUNITY EMPLOYER j I ROADWAY MAINTENANCE DIVISION 863-534-7361 863-519-3617 FAX PHYSICAL ADDRESS: 3000 SHEFFIELD ROAD WINTER HAVEN, FL 33880 ~ MAILING ADDRESS: POST OFFICE BOX 9005 BARTOW, FL 33831-9005 I ~ August 25, 2005 ~ Mr. Buddy Young Crowder-Gulf 5535 Business Parkway Theodore, Alabama 36582 I Dear Mr. Young: ~ I want to take this opportunity to thank you and your company for assisting Polk County in picking up the debris from the three hurricanes that passed over Polk County in August and September of 2004 ~ Under your leadership, your staff was able to provide prompt answers to our questions and we were able to resolve any challenges that occurred. ~ ~ If a need should arise for your company's services in this county or from another county in the future, I certainly would recommend and or call on your company for assistance. ~ Sincerely, tf (H~G2oVL~ Lance Davis Director Roadway Maintenance Division Polk County Board of County Commissioners - I I LD/kdm I I I I [.q=i o~~ P. O. Box 1030, Edenton, NC 27932 Patricia Madry Chowan County Emergency Management Coordinator E-Mail: patty.madry@ncmai1.net Phone # 252-482-7265 Fax # 252-482-7265 tvtr. John Ramsey ~535 Business Parkway Theodore, Alabama 36582 I Dear Mr. Ramsey, l would like to extend a very heartfelt thank you for sending Buddy Young and Margaret Wright to Chowan County for a debris briefmg to the department heads from Chowan County and The Town of Edenton. I have received positive lomments from those who attended. The educational portion of our time with Buddy and Margaret was very important tor all to hear but the time Buddy, Margaret and I spent talking about Crowder Gulf and Chowan County's business venture was priceless. Chowan County and the Town of Edenton had never been hit so hard as we were in Isabelle, we bave had to create a whole new way to operate our County/Town business on a daily basis to be educated and to tducate the public as to how we will respond to the next disaster. The expertise Crowder-Gulf has to offer will be invaluable in the event we have a hurricane to hit our area. Buddy and Margaret had so much to offer and we do tppreciate all the knowledge that the brought to us and all that they can in the future. One personal comment- I feel like I made two new friends. I do thank you for that. lest regards, 7 i I CC: Buddy Young I Margaret Wright I I I ~R" Q- f ~C\>. .1,1:' JlAU l)~r--~". ~ 'PI 0 .y "~}Nol'folk ~ ~ - ~. , , f ~. t , , t _I - - I - Department of Public Works May 24, 2004 John C. Ramsay, President Crowder-Gulf Disaster Recovery & Debris Management 5535 Business Parkway Theodore, AL 36582 Re: Recognition for Hurricane Isabel Response Dear Mr. Ramsay: The City of Norfolk wishes to extend our apprecIatIOn for the very important contributions of Crowder-Gulf and Associates to the City's recovery from the extensive damages of Hurricane Isabel. Your company was in Norfolk and in the process of removing debris within 48 hours of the storm's passage. Through your extensive efforts, the great majority of the debris was removed by December and all operations were completed by March. The Crowder-Gulf team provided quick response to numerous citizen requests. We would like to especially acknowledge the quick removal of debris left from the destruction of the Harrison Fishing Pier. Particular recognition is offered to Diokie Joe Ladner for his project management skills and his diplomatic skills in working with city officials and the citizenry. Associates Kenneth R. Bradley, Assistant Project Director and Howard M. Turner, Special Assistant worked tirelessly during the early stages of the recovery. We would like to also acknowledge the many sub-contractors used by Crowder-Gulf. On behalf of the City Council, City Manager and the Citizens of Norfolk, I wish to extend our gratitude on your efforts during very difficult times. Sincerely, f/;#f ~;L- / John M. Keifer Director of Public Works cc: City Council City Manager City Hall Building, Room 700/810 Union Street/Norfolk, Virginia 23510 ~ I ~ ~ ~ - - ~ ~ ~ , , , ~ ~ ~ ~ - - City of Virgir1ia Beach DEPARTMENT OF PUBLIC WORKS OPERATIONS MANAGEMENT DIVISION (757) 563-1470 FAX (757) 427.0676 3556 DAM NECK ROAD VIRGINIA BEACH, VA 23453 May 4, 2004 John Ramsey, Director Crowder-Gulf Disaster Recovery & Debris Management Specialists RE: Hurricane Isabel Disaster Recovery Efforts Dear John: On September 19, 2004, The City of Virginia Beach experienced a category #1 hurricane. Hurricane Isabel produced almost 1,000,000 cubic yards of woody debris. The City used local contractors to assist in opening our roads up to restore traffic and emergency assistance. This hurricane was twice as severe as Hurricane Bonnie. It was time to call in the "BIG" Contractor's. The City activated two(2) of it Regional Debris Contracts; one of the contractors was Crowder- Gulf. It was a pleasure working with Crowder-Gulf they were professional, it was very obvious to me, that Crowder-Gulf had the expertise and knowledge in managing disasters such as Hurricane Isabel. They provide me with constant updates and progress. They were very quick to respond to various needs and concern our citizens and staff. Where I hope the City does not need your fine services again, but if we do, you can rest assure the City of Virginia Beach call Crowder-Gulf again. Thank you for the great job you performed for the City. S:a:J .L f\ Daniel S. Kiley ~ Inspections CoordinatorlHurricane Project Manager City of Virginia Beach lSJ WinstonSiIlem I>uhllc Works DeputmlOfit Smiutiol1 Dimlol1 G<rofW..-....s.J<m EO- Ila< 1'11 ~.NC11101 Td .335.74&.3080 I\u: ~.127~61 May 14, 2003 Mr. John Ramsay Director of Operations Crowder-Gulf 5535 Business Parkway Theodore, Alabama 36582 Dear Mr. Ramsay: On behalf of the Sanitation Division with the City of WUlSton-Salom. we appreciate the work that was done on the stOIDl 4ebris removal With your assistance, the removal procesS was completed much more quickly than expected. Representatives from your company were responsive to our needs, pleasant to work with, dependable, and flexible. Your experience with FEMA regulations Wll$ a tremendous asset which made our jobs easier. It was a. pleasure working with all of you. Hopefully, our paths will cross again under more pleasant circumstances. Again, thank you so much. Sincerely, ~~ lft....eAl'~ Becky McBride Samtation Director i i I - ~ - - ~ - - I I I I I I - I I c9ffict of tbt .mapor I.ttl~ ~ummit, .mi~~ouri 1S.artn 1\. ~t~~trH April 12, 2002 Mr. John Ramsay Crowder-Gulf Disaster Recovery & Debris Management 5535 Business Parkway Theodore, AL 36582 Dear Mr. Ramsay: I want to personally thank you and your employees for their assistance during the recent ice storm that hit Lee's Summit on January 29th of this year. As you will recall, hundreds of residents were without heat and electricity for several days and the devastation from broken tree limbs was enormous. However, during this time, many individuals, groups and organizations banded together to assist the citizens and employees of Lee's Summit with an outpouring of concern, compassion and help. For this reason, I want to express my appreciation for your help with the debris pickup in Lee's Summit. Without a concerted effort of everyone involved we, as a community, would not have been able to overcome this disaster as quickly as we did. I applaud you and your staff: for their hard work after a very difficult and destructive winter ice storm. Thank you again. Sincerely, Karen R. Messerli Mayor 207 S.W. Market. Lee's Summit, MO 64063. (816) 969-7306 -0 ru if; ,l' '0 'S CD lJ ., - h CI) (j) (,) '~ (j) C/) c (j) ::::. ns 0"0 (,).- (j) a.. ....a:::.2 "5"Ou.. (!)c:~ a..<tl- (1) (j) C "CCI)::S ~ c: 0 OOU a.. ~ (1) U(j)O a:::~ .... 0 ~:E CI) <tl ,CI) a I B: a::: C o ;E o E (]) ~'"O ::J'"O (')c '"0 ct:l c_ ct:l ct:l ~en ::J 0 ~.~ (])'"O '"0 .... 3:..!2 e'"O () ~ >-0) ..Cl C '"0= (]) U .!:>- en U = ~ 0. E c- o 0 u+=' U U ct:l ::J ..::.c::'"O .... 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Our Plan establishes an early appraisal of disaster damage, moves trained, well equipped crews into affected areas in the shortest time possible, and follows a disaster-specific plan to ensure the personnel and equipment are mobilized and utilized in the most efficient and effective manner to remove and reduce debris with the least possible impact to the citizens of the community. CrowderGulf's management plan uses the concept of a Circle of Plans to execute debris management projects. The Circle of Plans is called Disaster Response Management Concept (DRMC) and is made up of eight (8) interrelated plans, as illustrated in the following diagram: The DRMC is used to trigger a CrowderGulf response to incidents that have little or no time period for preparation or that requires an immediate pre-contracted response. This Management Plan is also followed on potential threats that afford days of advance preparation. These interrelated Plans will be comprehensively used whenever CrowderGulf is selected to perform contracted debris tasks. 20 CrowderGulf RFP - Disaster Response and Recovery SelVices Monroe County, Florida PLAN 1 - INITIAL RESPONSE PLAN CrowderGulf's DRMC will be used to guide management during the six storm activity phases presented in Plan 1. These six (6) phases encompass the process of debris removal, reduction and disposal management. . Phase 1 - Alert If there is a possible advance notice (such as a hurricane), this phase will commence as soon as a known/predicted storm appears to be a credible threat to the U.S. mainland. The CrowderGulf call-down list will be checked to veri4')i it is current. Field Project Managers and Field Supervisors will be advised to check e-mail andlor voice mail at least twice a day, and additional beepers or cell phones may be distributed to key personnel. . Phase 2 - Notification The CrowderGulf Director of Operations (DO), serving in the capacit){ of Senior Response Manager, will assess the information from media sources and the government for possible full notification action. If it is determined that notification is needed he will direct the activation of the CrowderGulf Calling Plan with stand-by instructions for the individual contractorslsu bcontractors notified. . Phase 3 - Preparation Based on the high predictability of a known event, the DO will direct the initial mobilization of people and equipment. The details of this activity are covered in the Debris Mobilization Plan. . Phase 4 - Mobilization The DO will be the key decision-maker(s) once the need to mobilize and respond has been determined. He will inform all responding personnel as to situation status, departure, tasking and assets to mobilize. He will direct the commencement of the mobilization checklist, tasking of the support units, and the dispatch of managers, crews and equipment. . Phase 5 - Departure Directed to and arriving on site in the disaster area, all personnel and assets of the joint venture will remain under the direction and control of the DO andlor Assistant Director of Operations (ADO). . . Phase 6 - Response and Return Upon completion of the response effort or contract, all assets of the joint venture will be returned to the locations from which they were activated. At the option of the DO, there may be a formal critique of the operation to review the procedures, actions, checklists and reports that were used in the response. PLAN 2 - OPERATIONAL SUPPORT PLAN The Operational Support Plan (OSP) provides guidance plus a checklist for the pre-mobilization, post- mobilization and response periods of time. The plan provides guidance for the Logistics Manager (LM) and all the employees that assist with the start up efforts and support the field operations until the last administrative action is complete. The Logistics Manager is responsible to maintain, update and upgrade this plan. Of all the plans that make up the DRMC, this one is the most dynamic. Inasmuch as operational support is preponderantly composed of "staff" activity needed to keep "line" operations functioning efficiently, it has been assigned to the Logistics Manager (LM) with commensurate authority for its management. The three (3) organizational units that make up the field office are as follows: 21 CrowderGulf RFP - Disaster Response and Recovery Services Monroe County, Florida . Personnel Unit - General Tasks 1. Maintain employee field personnel files 2. Maintain individual emergency information (with Safety Officer) 3. Track individual organizational assignments 4. Operate employee locator 5. Perform "local hire" recruiting 6. Set scope of "personal service" contracts 7. Perform other personnel tasks as may be assigned 8. Maintain Team Notification System . Loaistics Unit - General Tasks 1. Arrange shipments and transport 2. Arrange personnel travel 3. Provide communication capability 4. Provide procurement and contracting services 5. Arrange office and billet accommodations 6. Provide and distribute supplies and materials 7. Maintain property accountability system 8. Maintain security accountability system 9. Perform other logistical tasks as may be assigned . Bookkeepina Unit - General Tasks 1. Provide billing and invoicing 2. Provide advances of funds 3. Execute payments and disbursements 4. Maintain list and track use of local vendor accounts 5. Process payroll 6. Operate production/performance tracking and reporting system 7. Operate central records and file retention system 8. Perform other bookkeeping tasks as may be assigned Team Notification System This is also referred to as the cascade plan or call down plan. The response action of CrowderGulf will depend on the availability of select persons to the DO andlor ADO at the time of need. The plan selects certain persons to call a set select number of CrowderGulf employees who will in turn call additional CrowderGulf employees to sPfead the call/recall to the maximum number of persons in the shortest period of time. This list and assignment of callers is kept current with no less than two exercises per year if the system is not exercised for a legitimate preparation to respond on a directed response to a CrowderGulf action, particularly to a pre-storm agreement. The decision to activate the system and the persons to be called are choices of the DO. 22 CrowderGulf RFP - Disaster Response and Recovery Services Monroe County, Florida FIELD ORGANIZATIONAL CHART The CrowderGulf Field Organizational Chart provided below illustrates the positioning of key personnel and consultants, as well as the overall structure of all CrowderGulf personnel during storm debris operations. CLIENT DEBRIS ADMINISTRATOR t r----------- I I CROWDERGULF JOHN RAMSAY DIR. OF OPERATIONS t ASSISTANT DIRECTOR OF OPERATIONS BUDDY YOUNG SPECIAL PROJECTS COORDINATOR DR. MARGARET WRIGHT PUBLIC RELATIONS MEDIA MANAGER AMBER RAMSAY (AS REQUIRED) \1/ LOGISTICS MANAGER WES NAILE HAZMA T & GENERATORS GARNER ENVIRONMENTAL BRIAN DEKLE DISASTER ADMINISTRATION MANAGER ACCOUNTANTI ACCOUNTING CLERK 23 CrowderGulf RFP - Disaster Response and Recovery Services Monroe County, Florida KEY PERSONNEL FIELD FUNCTIONS . Director of Operations (DO) The Director of Operations is the senior member of the CrowderGulf Team. As the DO and Team Leader the individual occupying this position is the ranking executive manager on-site. As such, helshe will serve as the Single Point of Contact (SPOC) for the client elected andlor appointed officials. The DO is responsible for the overall executive management of the entire disaster response. The DO has full authority to make and alter assignments of employees and subcontractors to direct collateral duties. The position incumbent provides comprehensive executive direction and oversight for all disaster response function, whether operational, administrative or compliance. Some of the primary functions of this position are, but not limited to: 1. Meet with electedlappointed representative(s) for evaluation and prioritization of the client's needs and determine the sections of critical work. 2. Assess damages, estimate manpower requirements and activate initial response and/or mobilization plan(s). 3. Maintain daily communication with key officials to coordinate and assign or reassign crews to fulfill the client's ongoing debris management needs plus report work progress through completion of the debris operation. 4. Maintain open line of communication and availability to CrowderGulf Management Team for decision-making and coordination of overall debris management tasks. 5. Provide policy guidance and direction throughout the debris removal and reduction operation. . Assistant Director of Operations (ADO) The individual occupying this position is the second ranking executive manager on-site. The incumbent serves as the Field Operations Manager with direct responsibility and authority for all subordinate staff positions (subcontractors and Logistics Coordinator) as well as field line managers and supervisors of the joint venture. Some of the primary functions of this position are, but not limited to the following: 1. Assist the DO with assessing damages, estimating manpower requirements and activating initial response andlor the mobilization plan(s). 2. Locate staging andlor reduction areas plus possible disposal sites. 3. Identify and coordinate segregation and correct disposal of hazardous waste plus the proper disposal of recyclable materials. 4. Maintain daily communication with the staging, reduction andlor disposal site managers to assist in decision-making to ensure safe, efficient operations at all such locations. . Special Proiects Coordinator (SPC) The responsibility of this individual is to assist the DO in the overall coordination of the debris management project. Communication between the field operations personnel and the office personnel is critical for a smooth, organized operation. This is one of the primary responsibilities of this individual. The SPC responsibilities may include, but not be limited to the following: 1. Facilitate annual training and planning sessions for CrowderGulf personnel prior to disasters. 2. Assist in training for Client's personnel prior to a disaster. 3. Ensure that Field Supervisors and Office Personnel are kept informed on any Client's issues or problems that arise and need to be addressed by CrowderGulf. 4. Conduct random checks to ensure documentation is being correctly completed in a timely manner. 5. Facilitate communication throughout CrowderGulf management personnel to share best practices 6. Assist the LM with tasks under the Personnel and Logistics Units listed above in Plan 2. 7. Conduct an evaluation of CrowderGulf's performance upon completion of the disaster project. 24 CrowderGulf RFP - Disaster Response and Recovery Services Monroe County, Florida . Loaistics Manaaer (LM) The responsibility of this position has been described and listed in the Operational Support Plan. The tasks and obligations of the LM are expanded here to include, but not limited to,.the following: 1. Coordinate initial deployment of personnel and equipment to include subcontractors and rental equipment. 2. Contact local employment agency for additional labor and/or office personnel as needed. 3. Secure cell phone andlor radios for CrowderGulf crew foremen and other key contact personnel to ensure locally based communications between all major functional units/crews. 4. Maintain accurate records on all subcontractors employed by CrowderGulf to include insurance certificates, signed contracts, tax ID numbers and all other information as may be required of the local government or external funding agencies. 5. Collect, compile and maintain all debris project files to include daily work hours for all crew members and equipment usage hours, trailer measurement forms, daily debris load tickets and all other supporting documentation and reports related to the debris operation. 6. Report progress of crews to DO and ADO plus any client representative, upon request. . Safety/Quality Control Manaaer (SQCM) The individual occupying this position is the staff manager with unique, specialized line authority to stop any unsafe field activity until the unsafe practices are remedied. The incumbent serves as the staff authority on safety and quality control issues and is responsible for the development and implementation of an incident specific Field Safety Plan. That plan will conform to the standing Safety Plan and Policy of CrowderGulf. It must include, as a minimum, safety training programs~ field safety awareness initiatives, safety program briefings for new employees and subcontractors, a program of site safety inspections and a comprehensive safety incident and action trackinglreporting system. This same individual is the staff manager responsible for the development and implementation of an incident specific Quality Control Plan that addresses the specific local conditions, thus constructing a unique, site-specific plan. Using informational performance and administrative reports, the SQCM will be responsible for the identification of performance deficiencies and opportunities for improved quality control. The SQCM is also charged with formulating a quality control reporting system to document operating deficiencies and/or any opportunities for improvement. The SQCM will conduct management staff discussions to elicit recommended actions to remedy deficient operations and improve others whenever possible. The incumbent will operate the Safety and Quality Control Plans under the direct line authority and full executive support of the DO and ADO. Some of the primary tasks and specific responsibilities of this position are, but not limited to, the following: 1. Implement Safety Plan and certify compliance with all local, state and federal requirements. 2. Communicate with crew foremen/subcontractors to verify Safety Plan is being fully implemented. 3. Collate, complete and distribute local information for Vital Information Packet to foremen/subcontractors for signature upon receipt. 4. Provide regular assessment of completed work of all crews to evaluate the work quality and safety of all field functions. 5. Work with foremen and supervisors to identify and resolve any unsatisfactory performance andlor related problems. 6. Investigate all property damage caused by CrowderGulf and/or its subcontractors to ensure appropriate correction to the satisfaction of the local government and/or property owner. 7. Report all incidences of loss or damage caused to appropriate insurance carrier. 8. Assure the safe installation and compliance of anylall temporary structure(s) or work sites used by CrowderGulf. 25 CrowderGulf RFP - Disaster Response and Recovery Services Monroe County, Florida . Field Proiect Manaaer (FPM) The FPMs are the "key middle managers" of the debris removal field operation and will be the liaison between CrowderGulf management and Client's field representatives. These individuals must possess organizational and interpersonal relation skills. They will be responsible for communicating operating and policy directions to all subordinates involved in debris removal in their designated clean-up area. They must also provide feedback to senior management from subordinates, work affected citizens and public officials within their area of operation. FPMs must possess and exercise a broad base of experience and knowledge regarding safety, workplace standards, equipment, etc. Some of the specific responsibilities are to: 1. Coordinate activities of subcontractors assigned to their debris removal area. 2. Supervise truck certifications and ensure proper documentation for all subcontractors is completed, accurate and turned in to office in a timely manner. 3. Hold weekly (or as required) tailgate safety meetings with all debris removal personnel assigned to their detail. 4. Monitor crews to ensure all safety regulations are followed. 5. Communicate daily with Client's representatives to evaluate progress and make adjustments to daily debris removal plans. 6. Collect daily truck tickets and ensure timely delivery to on-site office. 7. Provide daily update of debris removal progress of all subcontractors to Client's personnel and to CrowderGulf management. 8. Provide weekly forecast of debris removal activities within assigned clean-up area. 9. Attend Client meetings to communicate progress and receive Client input on priorities. . Debris Reduction Manaaer (DRM) The will be responsible for communicating operating and policy direction to all subordinates on the debris reduction site(s). They possess and exercise a broad base of experience and knowledge of safety, workplace standards, equipment, etc. The DRM must also assure vital span-of-control limits and provide feedback to senior management from subordinates, work affected citizens and public officials in the incident area of operation. Some of the specific responsibilities are, but not limited to, the following: 1. Coordinate activities of day and night foremen at reduction site(s). 2. Develop reduction site(s) management plan and build site to conform to contract specifications. 3. Supervise construction of reduction site(s) inspection platforms to contract specifications and/or the standards set by the SQCM. 4. Hold weekly (or as required) tailgate safety meetings with all reduction site(s) personnel. 5. Coordinate with ADO for segregation and appropriate reduction/disposal of hazardous waste per applicable environmental laws. Each of these key personnel is critical to an effective CrowderGulf response. As senior executives, managers and/or supervisors they must possess a high degree of professional skill, in addition to good leadership qualities. PLAN 3 - MOBILIZATION PLAN The mobilization of CrowderGulf personnel and assets shall commence when directed by the DO. Mobilization will take place in accordance with the requirements of Client and may include: . Providing an advance CrowderGulf team to the Client Emergency Operations Center prior to hurricane landfall when the possibility of a disaster is forecast . Marshaling/staging personnel and equipment for rapid deployment into the Client while protecting those assets from damage/destruction from the event 26 CrowderGulf RFP - Disaster Response and Recovery Services Monroe County, Florida . Being fully operational for clearing debris to open emergency routes within 24 hours of initial notice to proceed . Being fully operational for hauling, sorting, and storing of debris within 48 hours of initial notice to proceed . Maintaining full operational capability, 12 hours per day, 7 days per week for an extended period . Rapidly adjusting the flow of resources based on the extent and magnitude of damage/debris. The mobilization of CrowderGulf personnel and assets will commence when directed by the DO or ADO. The LM or the On-site Manager will institute assignment of personnel, as directed by the DO or ADO. After a briefing to key personnel and consultants on the current situation and anticipated action for the next 12 to 24 hours, loaders, transport drivers and equipment operators will be instructed as to what equipment to load for shipment by the LM and/or DRM, as directed by the DO or ADO. . Plan Management The LM will coordinate the function of the Mobilization Plan at the direction of the DO or ADO. The "Call to Mobilize" may be imbedded in the first alert message sent to all key employees as set out in the Team Notification System. Assignment beyond those "standing responsibilities" will be instituted by the LM or the On Site Manager, as directed by the DO. After a briefing of key personnel and consultants of the current situation and anticipated action for the next 12 to 24 hours, loaders, transport drivers and equipment operators may/will be instructed as to what equipment to load for shipment by the LM and/or DRM. . Mobilization Parameters Upon receipt of a Task Order or Notice to Proceed, mobilization will take place in accordance with the following parameters: 1. Management team and on-site office to be operational within 24 hours. 2. Marshal/stage personnel and equipment for rapid deployment into the affected area while protecting those assets from damageldestruction from the event; 3. Be fully operational for clearing debris to open emergency routes within 24 hours. 4. Be fully operational for hauling, sorting, and storing of debris within 48 hours. 5. Be fully operational for reduction and disposal of debris within 72 hours. 6. Maintain full operational capability, 12 hours per day, 7 days per week for an extended period 7. Rapidly adjust the flow of resources based on the extent and magnitude of damage/debris . Earlv Communication with Client Officials CrowderGulf's DO will make initial contact with the manager assigned to the affected area. Prior to commencement of debris removal operations, Client, utility companies, and other designated officials will be consulted, noting any special considerations, before any operational decisions are made. . Mobilization of Manpower and Eauipment CrowderGulfs Assistant Director of Operations (ADO) will be responsible for the coordination of mobilization of CrowderGulf and subcontractor crews. CrowderGulfs LM will coordinate mobilization of company-owned, rented, and subcontractor loading and hauling equipment to the affected area. . On-Site Office and Lodging CrowderGulfs LM will set up an office (a mobile office if conditions dictate), centrally located within the affected area, to serve as the administration and communication center for CrowderGulfs operations. Lodging facilities for all personnel will be secured at the closest available sites within the disaster area. 27 CrowderGulf RFP - Disaster Response and Recovery Services Monroe County, Florida . Mobilization Response Times CrowderGult shall commence mobilization of equipment, operators, and laborers, from throughout the Southeast, immediately upon receipt of a Notice to Proceed to meet or exceed the schedule set forth below: Within 24 hours Within 48 hours Within 72 hours Within 96 hours Within 7 days Within 10 days Within 14 days Category I & 2 80% 100% Category 3 40% 75% 100% Category 4* 30% 40% 50% 70% 100% Category 5* 15% 25% 45% 60% 80% 90% 100% *Note - Manpower and equipment for major storms will generally be available sooner than the times shown above. From a practical matter, however, the magnitude of damage created by such storms may physically inhibit our ability to mobilize some manpower and equipment within the time frames shown. Kev Tasks and Functions The following chart shows the key mobilization tasks and functions: RESPONSIBLE TIME FRAME TASKS I FUNCTIONS PERSONNEL (from Notice to Proceed) Activate Team Notification Procedures DO, ADO, LM Immediately Advance team to Client Emergency Operations Center DO, ADO 6 t012 hours Setup Mobile Command Center (if required) LM 6 to 12 hours Brief all Key Personnel on Status DO, ADO, LM 6 to 12 hours Assess damage area for manpower and equipment DO, ADO, LM 12 hours requirements Begin first wave mobilization of manpower ADO, SPC, LM, Within 24 hours Collaborate with client to identify and plan emergency clearance priorities, possible work site limitations DO, ADO, SQCM Within 24 hours andlor assessment of suspected hazardous materials Obtain required permits if applicable ADO Within 24 hours Set up on site - mobile command centerlonsite office, LM, OOM Within 24 hours Staging area(s) Certify Truck Capacities FPM,CF Within 24 hours SPECIAL DEBRIS REMOVAL ACTIVITIES TASKS/FUNCTIONS Identification of hazardous waste SQCM, FPM, CF, As Required Crews Identification of recyclable materials for proper disposal FPM,DRM As Required Client changes in task completion date ADO, FPM, DRM As Soon As Possible Assess impact of approaching inclement weather ADO, FPM, DRM As Soon As Possible StatelFederal directed increase in speed for critical ADO, FPM, DRM As Soon As Possible debris removal Revise Management Plan ALL As may be required 28 CrowderGulf RFP - Disaster Response and Recovery Services Monroe County, Florida DEMOBILIZATION KEY TASKS/FUNCTIONS (see Plan 5 - Debris Reduction Site Closure for more details) Coordinate final inspection with client DO, ADO Upon completion of last pass Demobilization of crews, subcontractors and DO, ADO, LM, FPM Upon completion of equipment contract tasking Detailed, post-contract evaluation DO, ADO, LM Within 1 month of contract completion Revise Plans ALL As may be required Legend DO - Director of Operations SQCM - Safety/Quality Control Specialist ADO - Assistant Director of Ops FPM Field Project Manager LM - Logistics Manager CF - Subcontractor/Crew Foreman DRM Debris Reduction Manager OOM - Onsite-Office Manager PLAN 4 - SAFETY POLICY AND PLAN This plan will provide mandated directives, required actions, procedures and guidance for all levels of employees of CrowderGulf. The plan is intended to assure that all employees of the joint venture are made safe, work safe and remain safe by strict adherence to the components of this plan. SAFETY POLICY CrowderGulf is committed to providing all employees with a safe work environment. Employees must report unsafe conditions and must not perform work tasks if the work is considered unsafe. Employees must report all accidents, injuries and unsafe conditions to their supervisors. No safety report will result in penalty and I or negative consequences. Employee suggestions on improving health and safety conditions will be given thorough consideration. Management will give top priority to and provide the financial resources for the correction of unsafe conditions. Similarly, CrowderGulf will take disciplinary action against any employee(s) who willfully or repeatedly violate workplace safety rules. This action will include verbal or written reprimands and may result in termination. Senior Management will be actively involved with employees in establishing an effective safety program. Our Safety/Quality Control Manager and other members of the management team will participate with clients or their employee representative in safety program activities. This participation will include CrowderGulf sponsored: . Safety Education and Training . Reviewing workplace safety rules . CrowderGulf and Client employee(s) promotion of safety participation . Tool Box sessions on Health and Safety . Accident critiques with refresher reviews This safety philosophy statement embodies the CrowderGulf commitment to and involvement in providing a safe work environment. The Safety Plan will set the standards that implement the philosophy for this joint venture. Compliance with the safety rules will be required of all employees as a condition of continued employment. It is the policy of CrowderGulf that all safety measures and rules are carried out to the fullest. To implement this policy the following assignments are made with the full support of the joint venture management. 29 CrowderGulf RFP - Disaster Response and Recovery Services Monroe County, Florida Safety/Quality Control Manaqer (SQCM) 1. Establish rules and programs designed to promote safety and make these rules and programs known to all employees. 2. Make available the necessary training for employees to perform their.jobs safely. 3. Provide protective equipment as applicable. 4. Impress upon everyone the responsibility and accountability of each individual to maintain a safe workplace. 5. Record all instances of violation and investigate all accidents. 6. Discipline any employee willfully disregarding this safety policy. 7. Require all subcontractors and material suppliers to follow safety rules. 8. Encourage all contractors to work safely. 9. Conduct periodic safety inspections of all jobs in progress. 10. Appoint a Safety Foreman (reporting directly to management) with enforcement authority over safety matters. Safety Foreman 1. Carry out overall company safety activities as assigned by the SQCM. 2. Make available safety materials for safety meetings, first aid equipment and posters as required by federal, state and local agencies. 3. Make safety training (including first aid training) available to Field Supervisors and Crew Foremen. 4. Chaperon safety inspections of all job sites, maintain records and continually monitor all aspects of the safety program for effectiveness. 5. Instruct new employees and existing employees performing new tasks in safe working practices and provide their crew with continuing instruction on safety requirements, including conducting weekly tool box talks. 6. Hear and investigate employee complaints on hazardous conditions, materials or equipment. 7. Install and maintain devices to protect the public from CrowderGulf operations. 8. Make sure all work is performed in a safe manner and no unsafe conditions, which are within the scope of the position. 9. Secure prompt medical attention for any injured employee. 10. Report all injuries and safety violations to SQCM. Workers 1. Work safely in such a manner as to ensure his/her own safety as well as that of co-workers and others. 2. Request help when unsure how to perform any task safely. 3. Correct unsafe acts or conditions within the scope of immediate work. 4. Report any uncorrected unsafe acts or conditions to supervisor. 5. Report for work in good mental and physical condition to safely carry out assigned duties. 6. Avail themselves of company and industry sponsored safety programs. 7. Use and maintain all provided safety devices. 8. Maintain and properly use all tools. 9. Follow all safety rules. 10. Provide help with safety equipment to fellow employees. 11. Ask immediate supervisor if there are any questions concerning procedures or hazardous materials. 12. Respect, accept and carry out all safety instructions of the Safety Foreman and/or SQCM. 30 CrowderGulf RFP - Disaster Response and Recovery Services Monroe County, Florida Subcontractors / Suppliers 1. Abide by all the safety rules of CrowderGulf and other subcontractors. 2. Notify all other contractors when actions or activities undertaken by them could affect the health or safety of employees of other companies. 3. Check in with job site supervision or Safety Foreman upon entering a job site. 4. Inform prime contractor or site foreman of all injuries to workers (loss time and non-loss time injuries/accidents) . 5. Report to controlling contractor any unsafe conditions that come to their attention. 6. Accept Subcontractor Safety Agreement. (See Plan 4, Page 5, Annex A) Visitors 1. Abide by all common sense safety rules. 2. Log in with proper person so that protective equipment can be provided (if required). 3. Refrain from entering construction area without contacting the proper party. 4. Return any/all protective equipment, i.e. hardhat, unless authorized to retain based on frequency of site visits. 5. Log out at end of visit or inspection. PLAN 5 - DEBRIS OPERATIONS PLAN . Sectionalization I Crew Assianments. Upon receipt of a Task Order or Notice to Proceed, CrowderGulf will study the affected area and divide it into sections and assign crews, subcontractors, and equipment. . Dailv Coordinated Issue Manaaement Daily. meetings between Field Project Manager (FPM) the Subcontractor Crew Foreman Coordinator (SFC), and the ADO, or designee, are required and will be conducted to discuss progress, potential and/or needed adjustments, changes, problems, concerns, accidents, and any other issues that need to be communicated to the DO. Response Plan adjustment decisions, to increase/decrease manpower and/or equipment, change work areas, and/or improve productivity and work quality, will be made by the DO based on daily evaluation reports from the ADO and Client personnel input. . Dailv Quality Reviews The Safety Quality Control Manager (SQCM) will monitor ongoing progress, the quality of work being performed, any and all safety concerns, and any property damage. . Accurate Record Keepina Hours worked by crewmembers and equipment will be recorded daily by the FPM or designee, checked for accuracy and entered into our computer database. Additional information is described in the Project Documentation and Reimbursement Plan. . Safety is Paramount The SQCM will require and monitor strict adherence to all safety requirements, and daily reporting of any accidents and/or property damage. The SQCM will also be responsible for coordinating and conducting safety meetings with crewmembers and subcontractor personnel. . Orua Free Workina Environment The SQCM will be responsible for monitoring and ensuring that all employees are drug free in accordance with our Company Policy. . Truck and EQuipment Maintenance Good, well-maintained trucks and equipment are essential for efficient operations. CrowderGulfs crew foremen, subcontractor foremen, and the FPM will be responsible keeping all trucks and equipment in good working condition and prepared for each workday. A CrowderGulf mechanic will be on the job for troubleshooting and maintenance of equipment. Local mechanic shops will also be utilized. 31 CrowderGutf RFP - Disaster Response and Recovery Services Monroe County, Florida . Traffic Control CrowderGulf will use its best efforts to mitigate the impact of debris removal operations on local traffic. Sufficient signing, flagging, and barricading will be used to ensure the safety of vehicular and pedestrian traffic in all work areas. All work shall be done in conformity with all applicable Federal, State, local laws, regulations and ordinances. DEBRIS REMOVAL PLAN . Emeraencv Road Clearance Emergency clearance of debris from public streets and rights-of- way for access by emergency personnel normally takes place during the first 70 - 100 hours of a major disaster event. Emergency road clearance, also referred to as cut-and-toss or push, consists of pushing debris to the sides of roads and streets to open them for emergency crews and equipment. Upon award of contract, CrowderGulf will meet with personnel and develop a Preliminary Emergency Operations Plan. The plan will include the use of local subcontractors and Client or State DOT personnel and equipment if the wishes to utilize these assets. The plan will include the following elements: 1. Initial damage assessment to include a windshield survey (if possible) or flyover (if necessary) 2. Determination of streeUroute priorities 3. Assignment of debris push teams 4. Conduct Emergency Road Clearance Operations 5. Continual assess of requirement for emergency operations and modification of plan in real time. . Public Riaht-Of-Wav Debris Removal After the emergency push phase is complete, to clear debris from all Client public property, public rights-of-way, streets, roads, and easements in a timely and efficient manner, CrowderGulf would proceed as follows: In order to clear debris from all Client roads and streets in a timely and efficient manner, CrowderGulf would proceed as follows: 1. Upon award of a contract, CrowderGulf will study the affected area and divide it into a minimum of two (2) sections and assign a field project manager or supervisor and crews or subcontractors to each section. 2. Upon award of a contract, CrowderGulf will meet with Clients officials to assess and determine the location of potential temporary debris storage and reduction sites. The scope of the disaster and resultant damage will determine the number of sites required. If CrowderGulf feels more TDSRS's are needed, we will work with the Client to identify other potential TDSRS's either public or privately owned. 3. Each crew or subcontractor will be, at a minimum, equipped with the following men and equipment: HEAVY DEBRIS REMOVAL CREWS Manpower/Equipment Required Task Responsibility Number per Crew Crew Foreman with experience in Provide on-site management of crew to 1 organizing and running crews with ensure quality performance, safety, and previous work in disaster related jobs. maximum productivity. Rubber-tire Loaders, Extended Boom, Pull debris from curbs and consolidate at 3 to 4 forklifts w/debris forks, andlor Bobcat street intersections for loading. with Operator 32 CrowderGuff RFP - Disaster Response and Recovery Services Monroe County, Florida Truck Loading Equipment & Operators Load trucks with debris. 3 Truck loading equipment will be of the following types: A. Rubber tire articulated loader with debris rake & clamp. B. Knuckleboom with grapple. C. Rubber tie excavator with grapple. 50 - 80 CY Dump Trucks with drivers Haul debris to Temporary Debris Storage 15 to20 and Reduction Sites Chain Saws & Experienced Operators Reduce large trees and limbs to 2 to 3 manageable size and trim debris hanging from loaded trucks. Flagmen Direct traffic flow and truck movement. 4 to 6 Laborers Gather small debris that loaders are 6 to 8 unable to grasp. SELF-LOADER DEBRIS REMOVAL CREWS for LIGHT VEGETATIVE DEBRIS Foreman Laborers andlor Fla men Su ervise and route trucks Pick u small debris / Fla traffic Number er Crew 5 to 8 35 - 60 cubic yard trucks 1 1 to 2 er truck DEBRIS REDUCTION PLAN Debris reduction is normally accomplished by burning (open or air curtain incineration) or grinding. For large amounts of vegetative debris, Crower-Gulf normally recommends burning if permitted by conditions and regulations. Burning can reduce the volume of debris up to 90%. Grinding normally reduces the volume by 40-50% and creates the problem of disposal of the chips. . Mobilization Within a maximum of three (3) days of disaster, debris reduction equipment will be mobilized and operational at designated Temporary Debris Staging and Reduction Sites (TDSRS). The manpower and number of burners, chippers, grinders, and other reduction equipment will be determined by the volume of debris produced by the particular disaster. The LM will work closely with the DRM to mobilize the needed debris reduction equipment. . Site Preparation and Inspections CrowderGulf will thoroughly videotape and/or photograph each TDSRS, and collect and test environmental samples at each site prior to commencement of storage activity. Sites that are used for collection of ash, household hazardous wastes, fuels, and other materials that may contaminate soils or groundwater shall be lined. Perimeter berms shall be constructed to preclude and prevent runoff. No dumping activity will begin without prior approval of the Client. The SQCM, in conjunction with Client officials, will be responsible for inspection of dumpsite operations. Periodic additional videotaping or photographing and sampling will occur to document site evolution. . Debris Reduction Plan Time Line The following chart of the Debris Reduction Plan provides an overview and identifies both the management personnel responsible and the time frame within which each task shall be completed: 33 CrowderGulf RFP - Disaster Response and Recovery Services Monroe County, Florida DEBRIS REDUCTION PLAN TIME LINE PERSONNEL TIME FRAME TASK RESPONSIBLE (from Notice to Proceed) Requirements assessment of damaged area for DO, ADO, Within 24 hrs TDSRS requirements SQCM Develop dumpsite according to Management Plan, DRM, DF, NF Within 48 hrs including road construction, erosion control, portable office and toilet facilitv. Construct observation platform. DRM, DF, NF Within 48 hrs Construct grinding, burn pit, ash storage, & hazardous DRM, DF, NF Within 48 hrs waste storaqe areas. Determine the number of burners and chippers ADO,DRM Within 48 hrs required per site. Ensure Hazardous Waste Plan in place. ADO,DRM Within 48 hrs Begin construction of burn pits. ADO, DRM Within 48 hrs Complete installation of burners. ADO,DRM Within 72 hrs Secure permits and transport grinders to designated DRM, LM Within 72 hrs reduction areas. Set up grinders. DRM Within 72 hrs Maintain records of hours worked for operators, DRM, DF, NF Daily location worked, repairs, etc. Ensure maintenance of burners & arinders. DRM, DF, NF Daily Make dumpsite adjustments. ADO,DRM Dailv Provide daily operations reports to DO & Client ADO,DRM Daily Inspect dumpsite operations for safety & quality control SQCM, CLIENT Daily & periodically monitorinq Handle hazardous waste. Garner As required Environmental Provide for demobilization of equipment. DRM, LM Upon completion of all tasks Leaend DO - Director of Operations DRM - Debris Reduction Manager OF - Day Foreman ADO - Assistant Director of Ops LM - Logistics Manager NF - Night Foreman SQCM - Safety, Qualitv Control Manaqer . Debris Reduction Crews Upon award of a contract, the Management Team will look at the TDSRS/s that the Client has available to determine if they are sufficient and strategically located. If more TDSR sites are needed, the Team will work with the Client to identify other potential TDSR sites, either public or privately owned. Site plans will be developed for each TDSRS. CrowderGulf anticipates having burn and chip sites combined. When this is possible, spotters, laborers, and foremen at the dumpsite will be the same for burning and chipping. One (1) grader will maintain roads, and the same track hoes and bulldozers will be used to stockpile debris for burning and chipping operations. Our Basic Debris Reduction Crew per site is shown on the following chart: 34 CrowderGulf RFP - Disaster Response and Recovery Services Monroe County, Florida i~" Basic Debris Reduction Crews Manpower I Equipment Task Responsibility Number per Crew Dumpsite Reduction Supervise set up and daily operations of debris reduction 1 / Site Manager site. Day Foreman Monitor incoming trucks. Direct separation of materials. 1 / Site Supervise reduction crews. Night Foreman Supervise reduction crews. 1 / Site Spotters Monitor incoming debris type for designated areas. 2 - 4 / Site Flagmen Direct flow of incoming and outgoing trucks at site. 2 - 4 I Site Burn Crew Technician / Mechanic Initial set-up of burner. Assist starting of fires according to the Operator Manual. Daily maintenance of & care of 1 / Site burner & loader equipment. Bulldozers and Track Hoe Build burn pit according to Operations Manual. Clean ash w/grapple - with Operators from pits and pile in designated areas. Stockpile debris. 2 - 4 / Site Road Grader with Operator Maintain roads and site. 1 I Site Front End Loaders with Supply debris to burn pit. Stockpile material. 1 - 2 / Burn Operators .. Pit Spotters Ensure drivers dump loads in proper location. 1 - 2 / Site Laborers Police area and assist other workers at burn site. 2 - 4 / Site Night Watchman Monitor burn pits and secure site. 1 / Site Chipping Crew Grinder Operator Fuel tub grinder and control grinder. 1 / Grinder Bulldozers and Track Hoe Stockpile debris & finished chips. Supply debris to grinder. wlgrapple - with Operators 2 - 4 / Site Road Grader with Operator Maintain roads and site. 1 I Site Front End Loaders with 1 - 2 / Site Operators Supply debris to grinder. Stockpile material. Spotters Ensure drivers dump loads in proper location at grinder 1 - 2 / Site and stockoile. Laborers Police area and assist other workers at burn site. 2 - 4 / Site Night Watchman Monitor burn pits and secure site. 1 I Site Recycling Crew Burn & Chipper Crew Separate recyclable materials from incoming debris & 4 - 6 / Site move it to designated storage areas. Spotters Direct clean loads of recyclable material to storage areas. 1 - 2 / Site . Debris Reduction Plan Details The DRM will require the separation and segregation of all loads deposited at the debris-staging site. Debris will be segregated into six (6) distinct areas for reduction and/or further handling, are: 1. Clean, vegetative debris 2. Vegetative debris containing other foreign matter 3. Construction and Demolition (C&D) Debris 4. Salvageable or recyclable debris 35 CrowderGulf RFP - Disaster Response and Recovery Services Monroe County, Florida 5. White Goods 6. Hazardous or toxic materials I waste Debris reduction site segregation is a secondary effort to roadside segregation. Howev~r, such roadside segregation and separation shall not impede traffic or substantially reduce removal production, as this important process can be accomplished at the debris staging site. If site segregation is required because of mixed loads, the separation will reflect the six categories cited in this plan. Each category of debris will be dealt with in full compliance with the CrowderGulf Environmental Plan andlor state and federal standards. Vegetative debris will be placed into no less than two or three piles, which will allow for volume reduction without interfering with the ongoing dumping operation or until the dumping andlor reduction operations are complete. Construction and demolition debris will be separated for possible machine reduction unless directed by the Client to be re-hauled for disposal as unreduced debris. White goods will be degassed, crushed and bailed for sale as scrap metal. Open-air burning will only be commenced and conducted with concurrence of the Client. This type of burning will be strictly limited to clean, vegetative debris and to daylight hours. Open-air burning shall not be conducted within 1,200 feet from any structure (other than inspection tower) and no less than 200 feet from any other pile or type of debris on site. Air Curtain Incineration (ACI) will be commenced and conducted with concurrence of the Client. All site personnel operating an ACI will be briefed on all aspects of this method of reduction, including shut down, fire suppression and safety concerns. ACI will be limited to clean vegetative debris, unless the Client directs the reduction of wood C&B by this method. Any debris suspected of containing hazardous materials of any type will NOT be burned in any ACI operation. ACI will be conducted in a pit environment. Pits will be dug to a depth of approximately 9 to 12 feet by 15 feet wide and in a length not greater than 1.25 times the length of the air curtain nozzles. In high water table areas, burn pits will be constructed above ground, using stable materials, to the same dimensions as below ground pits. Fire Safety Separation from other debris or structures is the same as Open Air Burning. Side View A Side View B Top View Pit Pit; Pit ~ \..-~ ~--- P< i~{1 9-12ft 3-4m ~-~ deep ~. Pit 36ft 11m long Pit 9 - 12 ft 3-4m deep Pit 9 - 12 ft 3-4m wid" The pit fire shall be extinguished every 24 to 30 hours for cooling and ash removal. All pit ash shall be considered a hazardous material and treated as a special substance. All ash removed from a burn pit must be stored in a specified location according to the site-specific management plan for transport or disposal in a permitted landfill. All fire protection efforts will be set in place and maintained for any burning operation consistent with the debris staging site management plan. Water trucks shall be equipped with tanks, pump hoses and nozzles to contain and suppress any fire threat for an Open Air or ACI operation. 36 t"rowderGulf RFP - Disaster Response and Recovery Services Monroe County, Florida Grinding andlor chipping are another method for organic debris reduction. More costly than burning, grinding and chipping products have potential for other uses. Wood chips can be stored short-term for possible sale as fuel, mulch, or landfill cover. Experience has shown a multiple-pile storing process to be safe and efficient. Mulch and chip piles will be monitored closely for excessive heat build up. Pile reformation (airing) may be required to prevent combustion before haul out for final disposal. Grinding andlor chipping operations will be accomplished on the type of debris (vegetative and/or C&D) as directed by the Client. Grinding and/or chipping of vegetative debris will be accomplished as set out below: . Vegetative debris will be placed into two separate piles. . Pile one will be accumulated until a sufficient quantity is available to commence a continuous reduction operation. . Pile two will be started and accumulated until the reduction of pile one has been completed. At which time, dumping of vegetative debris on pile two will cease and pile one will be replenished. This rotation will continue until the task is completed. . All personnel involved in vegetative debris grinding and/or chipping operations will receive a safety briefing for all effected job functions. . A track-type tractor with blade or a rubber-tired loader will pick up and stockpile chips for temporary storage away from the immediate reduction area. . Chips will be removed from TDSRS as quickly as possible to reduce the threat of fire. The CrowderGulf Environmental Protection Plan will address and provide detailed guidance on debris staging site environmental concerns such as dust, smoke, erosion, storm water plus hazardous and toxic wastes. If the debris-staging site is an environmentally sensitive area or has historical sites in close proximity, special environmental consideration must be taken to protect and preserve such areas. Debris Reduction Site Checklist In addition to the general debris reduction guidance listed above, the following is a checklist for the DRM and/or other supervisors to follow for reduction site preparations, operations and closure. 1. Site Preparation a. Survey and mark boundaries of site. b. Document by videotape andlor photograph pre-existing site conditions that could affect site closure or remediation. c. Design and construct entrance to site. Factors to include: . Culvert for water control. . Solid road materials. . Security gate and fence to control after hours dumping and public trespass. . Elevated stand for ticket checker and load inspections. d. Design and construct site road (if required). . Grade for proper drainage. . Pick the most efficient trucking circuit. . Compact and level area in front of pit for trucks to dump. . Minimize truck backing and traffic crossing. e. Design and construct ash storage area. Factors to consider: . Size of area for expected production. . Operating range of loading equipment. f. Design and construct burner pits. 37 CrowderGulf RFP - Disaster Response and Recovery Services Monroe County, Florida . Two- (2) pits placed perpendicular allows for easy movement of burner in case of change in wind. . Allow for access of fuel and maintenance trucks. 2. Pre-Operation Check List a. Check operators training. . Familiarity with ACI Operations . Safety . Permit procedures . Quality control and reports . Operational tasks 1) Check emergency shut down(s) 2) Check equipment readiness 3. Site Operations ' a. Monitor incoming trucks. b. Check compliance with quality control plan. c. Inform drivers of route, dump procedures and issue site map. 4. Separation of materials a. Route unapproved materials (C&D or White Goods). b. Route clean burnable material to burn pit or to grinding area. c. Provide temporary storage for hazardous or dangerous materials such as transformers, petroleum products, radioactive materials, medical waste, explosives and LP bottles. Inform authorities of quantities and types of hazardous materials; arrange for removal by licensed hauler and documentation of materials s required by contract. 5. Staging Area Procedures a. Instruct trucks where to dump all materials. b. Maintain access road and area between windrows for truck operation. c. Turn windrows to remove dirt and accelerate drying. d. Fire base material and start ACI. e. Check for smoke/ash release and control with ACI. f. Fuel pit with material to maintain clear burn conditions. 6. Cool Down Period a. Route trucks to staging area. b. Halt pit charging. c. Compact materials towards center of pit to maintain heat. 7. Shut Down Period a. Flood pit with water or cover with sand to control ash and charcoal dust. b. Maintain burner and loader equipment. c. Excavate ash and charcoal from pit and place in ash storage area. d. Separate large unburned charcoal and place in charcoal area. e. Maintain pit walls and air manifold placement. 8. Restart a. Place charcoal in pit, re-ignite and add vegetative debris. 9. Site Closure a. Shut down burn operations and remove equipment, tower and any other temporary buildings or site improvements. 38 CrowderGulf RFP - Disaster Response and Recovery Services Monroe County, Florida b. Return burn pits to existing grade. c. Haul any unburned materials to appropriate facility. d. Recycle any separated metals, plastics, white goods or other materials and document quantities and types as required by contract or regulations. e. Arrange for soil and/or ground water testing for contaminates (if required). f. Complete remediation or replacement of soil (if required). g. Return all storage areas and roads to level pre-existing grade. h. Disc and seed all disturbed areas with appropriate grass species, cover and water Remove security gate, fence, entrance roads and culverts. I. Arrange for site inspection by owner and correct any other site damages. Complete owner inspection and correct any discrepancies. Obtain site release. DEBRIS RECYCLING PLAN . Vegetative Debris The vast amooot of vegetative debris produced by a natural disaster creates a real recycling challenge. We will make maximum efforts to recycle all organic material. Experience has taught us that it will still require freight cost and tipping fees, but recycling is still the best option as opposed to using up valuable landfill space. Specifically, our plan involves the following: 1. Debris crews will be encouraged to cut tree trunks into eight (8') foot or longer lengths for delivery to dump site. Quality logs will be separatedand marketed to pulp mills, saw mills, and veneer mills. Timber in the log form is always marketable, and depending on quality can be transported to market even if the markets are relatively far away. 2. Stumps usually have large quantities of dirt attached, which contributes to the low quality of fuel chips. Stumps will be split and burned if burning is permitted. If burning is not permitted split stumps will be ground and resulting chips will be kept separate. 3. Limbs, twigs, short blocks, and inferior logs will be ground or burned. To reduce contamination of chips with dirt, care will be taken to use rubber-tire loaders with rakes and track hoes with grapples. 4. Every effort will be made to move chips to organic fuels users in a wide area. CrowderGulf will begin moving chips as soon as possible to prevent the buildup of massive chip piles that create a potential fire hazard in urban areas. 5. CrowderGulf has contacts with major paper mills, sugar mills, and other organic fuel users in the Southeast. Once CrowderGulf is awarded a contract, we will work to get tentative agreements with users who are in close proximity to Client. 6. If local laws and regulations permit, CrowderGulf will secure land in a rural area(s) as close as possible to our chipping operations. Chips unfit for fuel or chips surplus will be piled on the property, mixed with ash from burning operations that has been tested and free of contaminates, and turned periodically to produce quality marketable compost suitable for landscaping use or applications to farm land. . C & D Debris We know from past disaster debris experience there is little or no salvage value from C&D and other non-vegetative materials. Most of this debris will have to be hauled directly from rights-of-ways and TDSRS to a properly permitted landfill(s). . Hazardous Waste Hazardous waste materials will be processed and disposed of in accordance with all applicable laws and regulations. If local or state laws permit the application of clean ash to farmland, this avenue will be pursued. If not, all ash residue will be hauled to a properly permitted landfill. 39 CrowderGulf RFP - Disaster Response and Recovery Services Monroe County, Florida PLAN 6 - QUALITY CONTROL PLAN The purpose of this plan is to provide guidance to assure a consistent quality of effort and a system to ensure all work complies with requirements of the contract. The effort (work) must have production measurements that are related to concerns, i.e., the environment, safety, schedules, documentation and/or inspections. This plan will provide the linkage for executives, managers and supervisors to accomplish the mission of CrowderGulf in an atmosphere of quality workmanship. PLAN MANAGEMENT The Safety/Quality Control Manager (SQCM) is the person responsible to update and maintain this plan. Input from other key personnel is essential and expected. The plan will be reviewed on an annual basis unless there is at least one utilization of the plan in a calendar year. The SQCM will assure that the quality control program is in compliance with this plan. The following table presents an overview of the primary tasks of the SQCM and the relationships to the field operations personnel. ' Quality Control Plan Overview T ASKS/FUNCTIONS RESPONSIBLE PERSONNEL TIME FRAME WHEN BY WHOM HOW RECEIVED BY Safety Plans enforced Ongoing SQCM, FPM, CF Daily Report DO, FPM Onsite inspection of debris removal Ongoing FPM, CF, CREW Daily Report SCQM Meeting to address performance Daily FPM, CF, SCC Daily Report ADO issues Regular performance & progress Daily FPM, SQCM Daily Report ADO, Client inspections Contractor performance evaluation Weekly CR Verbal CF Corrective action for deficiencies Weekly FPM,CF Weekly Report SQCM Personal property damage report Daily CF Daily Report FPM, SQCM Evaluation of personal property As Needed FPM, CF, SQCM Report & ADO damage settlement Release Form Reduction Site Inspection Daily DRM Daily Report SQCM Reduction Site Inspection Weekly SQCM Weekly Report ADO, Client Corrective action for deficiencies Weekly DRM, SQCM Weekly Report ADO, Client Reduction Site Adjustments As Needed DRM Daily Report SQCM, ADO Monitor for adequate personnel & Daily DRM Daily Report ADO,DO equipment Legend: DO - Director of Operations DRM - Debris Reduction Manager DF - Day Foreman ADO - Assistant Director of Ops LM - Logistics Manager NF - Night Foreman SQCM - Safety/Quality Control Manager In the event any of these inspections or monitoring action detects a work quality issue, it will be documented and raised with the Subcontracting Crew Coordinator and Crew Foreman. Work quality issue resolution will follow the basic chain of command unless the severity or magnitude compels the SQCM to escalate the issues directly to the ADO andlor DO. If the work quality issue encompasses a safety concern, the SQCM is authorized to shut down the operation and immediately request the DO and/or ADO for guidance. 40 CrowderG uIf RFP - Disaster Response and Recovery Services Monroe County, Florida . Clean As You Go This concept is the centerpiece of the Quality Control Plan. This management philosophy and policy will receive maximum effort of the Safety/Quality Control Manager (SQCM) in training, monitoring and documentation. "Clean As You Go" is a simple concept that is defined as doing the best job possible the first time so as to reduce the necessity to redo any work. This policy does not preclude contracted multiple passes. It simply implies that all the debris will be removed on every pass, regardless of the number of passes required by the client. This philosophy is especially important for debris work on emergencies or major disasters where restoration of critical public functions is the highest priority. All CrowderGulf employees, subcontractors and consultants are expected to abide by this policy. If after training and working under the concept of "Clean As You Go" the work results do not reflect this company policy, CrowderGulf employees and subcontractors are subject to disciplinary action up to and including d ism issal/term ination. . Knowledae and Trainina CrowderGulf's SQCM will conduct briefings/de-briefings no less than once a day for the team managers and weekly for hislher supervisors. Organizational and functional relationships will be thoroughly reviewed with supervisory personnel who will in turn instruct the operating personnel. To the extent possible, CrowderGulf employs debris- experienced equipment operators, foreman and supervisors. In accordance with these established practices, CrowderGulf supervisors will evaluate the knowledge and debris experience of each operator and subordinate employee, regarding the specifics of his or her assigned tasks, to determine if the employee requires additional training or should be utilized in other operations. ENVIRONMENTAL PROTECTION CrowderGulf is committed to unequivocal protection of the environment at the work site and surrounding areas by attention to organizational, operational and performance details that are the hallmarks of quality control. CrowderGulf personnel or subcontractors assigned to specific contractual duties that substantially impact environmental quality (Le. incinerator operators) will have the quality of their work continually evaluated by a senior supervisor. Employees with duties partially or indirectly applicable to environmental protection will have those duties evaluated daily, whether relating to noise, smoke, dust, traffic, drainage or general containment actions or containment actions specifically related to hazardous materials. . Inspections To assure the quality and timeliness of work in accordance with contractual tasking, CrowderGulf will use a hierarchy of assigned inspection responsibilities based on the nationally recognized Incident Command System (ICS). The ICS employs a cascade of organizational components in groups of five or less to assure good quality control in high stress operations. This arrangement limits the respective spans of control to tolerable levels. It has been proven with time and experience to present the performance data needed by the CrowderGulf manager to attest quality performance. CrowderGulf's use of the ICS-based hierarchy of responsibilities exploits the strength and flexibility of its management/supervisory structure. Work-quality control at the debris staging site(s) will begin with the Inspectors assigned to each inspection tower. The Inspector's work, will in turn, be inspected by the debris staging site foreman. The work of the debris staging site foreman will be inspected by the superior field supervisor, etc. For example: At each debris-staging site(s) location, the site foreman bears the assigned responsibility for inspecting the work completed by each subordinate crew. The foreman's work, will in turn, be inspected by the responsible field superintendent. The field superintendents, will in turn, have their work inspected by the Assistant Director of Operations (ADO). 41 CrowderGulf RFP - Disaster Response and Recovery Services Monroe County, Florida . Security CrowderGulf will restrict general access to its site operations to essential personnel for both security and safety. Managers and supervisors will be granted access to a site(s) based upon their duties, responsibilities and spans of control. Operating personnel will be granted access to sites relevant to their respective tasks. Keys to secure buildings and sites will be specifically assigned to the ranking manager, supervisor or other employee responsible for the building or site. Public access in secure work areas will be controlled by enclosures, barriers, warning tape, signs and/or flagman. All visiting personnel will be briefed on security concerns as the limitation to their site visit. The SQCM will review the distribution of security keys and visitor logs on a weekly basis to assure the site security is adequate for the functions performed on the site(s). . Maintenance CrowderGulf has comprehensive inventory of shop manuals and follows manufacturer's maintenance recommendations on all of its equipment. CrowderGulf systematically performs "routine maintenance" appropriate to each item of equipment. This maintenance is reported on an equipment log that is retained for the life or ownership of the equipment. CrowderGulfs maintenance system uses its employee or contracted full-time mechanics and/or oilers for daily and routine maintenance. Heavy maintenance and/or major repairs of company-owned equipment are performed by heavy equipment maintenance firms under contract to CrowderGulf. Heavy maintenance and/or major repairs of leased equipment will be performed away from the reduction site, if at all possible. The decision to allow leased equipment to undergo heavy maintenance and/or major repair& on site rests with the DRM (i.e. it may not be practical to require the removal of a tub grinder to replace the hammers). The foregoing maintenance system and reports assure a high level of equipment reliability. Equipment operators are responsible for daily, routine maintenance checks on fuel, lubricant, tire pressure and safety items. The SQCM is required to review all equipment logs and to inspect selected machines on a random sample basis for assurance of maintenance compliance. DOCUMENTATION AND RECORDS CrowderGulf combines a sound management system with full documentation and record requirements to assure that operational performance can be recapitulated. The documentation also serves for management evaluation actions. Operations outcomes cannot be identified or assessed if they leave no recorded data "footprints". Disaster operations are difficult to evaluate under the best of field circumstances and thereby require creative and expedient documentation and reporting. The joint venture has a management style in which documentation is encouraged and required. The portion of the Debris Operations Plan relating to performance is an example of this commitment to quality documentation and reports. PLAN 7 - SUBCONTRACTING POLICY AND PLAN This plan will guide all executives, managers and supervisors in the location, tasking, utilizing and controlling the subcontractors used by CrowderGulf on a storm debris operation by providing subcontracting guidance using the Subcontracting Policy, which is integrated into this plan. CrowderGulf has a number of large subcontractors who can provide their own competent management and inspection personnel with minimum oversight from CrowderGulfs management team, along with over 200 other self-sufficient experienced subcontractors who have worked with us on previous disasters. It is our policy to utilize qualified local subcontractors to the maximum extent possible in compliance with 44 CFR 206.10. . Subcontractina Policv It is our policy that all subcontractors comply with all of the contractual conditions and commitments of CrowderGulf. As such, all subcontractors shall agree to the following: 42 CrowderGolf RFP - Disaster Response and Recovery Services Monroe County, Florida 1. Provide satisfactory evidence of bonding and licensing that complies with contract and jurisdictional requirements. 2. Provide assurances that no current owner, principal or officer of the firm is or has ever been debarred by the state and/or federal government. 3. Obtain and furnish satisfactory evidence of required insurance from a responsible insurer. 4. Give all notices and fully comply with all local, state and federal laws - including, but not limited to, social security, workers compensation and unemployment insurance, DOT, etc. 5. Begin work to be performed within two (2) full workdays after a subcontractor is notified of a subcontract award, unless otherwise stipulated in the subcontract arrangements. The subcontractors will pay for all materials, equipment and labor used in the performance of the subcontract(s). 6. In the event a subcontractor makes an untimely start, or is unable to supply sufficient skilled workmen, equipment or materials to satisfy the subcontract arrangements, CrowderGulf may terminate the employmenUcontract of the subcontractor for cause. 7. Take all reasonable safety precautions with respect to contracted work, complying with all safety, workplace standards and environmental measures as directed by CrowderGulf. 8. Furnish periodic progress reports on the work as directed by CrowderGulf, plus use the debris reporting system selected by CrowderGulf. 9. To provide CrowderGulf with progress payment billings (as agreed in the respective subcontracts). 10. Final payments to subcontractor(s) may be deferred pending receipt of contractual or statutory lien waivers, releases, closeout documents or other ,encumbrances. 11. Other stipulations may apply as may be required by unique local conditions. . Subcontracting Practices It is the practice of CrowderGulf to subcontract debris work and services using the following guidance: 1. Subcontract to the maximum extent possible with local firms qnd small businesses. 2. Promote the use of local contracting by tasking a senior manager to assure notification through local media and organizations. 3. Promote subcontracting only with the assured compliance with equal opportunity hiring. 4. Provide all subcontractors a clear chain of command for purposes of official and/or unofficial communications. 5. Accept, process and pay invoices of subcontractor in accord with the CrowderGulf policy. 6. Provide priority subcontracting considerations to/for subcontractors that have provided quality work to the CrowderGulf in past operations - consistent with the subcontracting policy. 7. CrowderGulf does not have a set-a-side percentage of subcontracted work for any particular classification of subcontractor, but will give special attention to small, disadvantaged firms andlor women owned small business firms for contract work or services needed by the company. PLAN 8 - PROJECT DOCUMENTATION AND REIMBURSEMENT PLAN The forms used by CrowderGulf comply with the current documentation requirements of the State and FEMA to support the Client's claim for Public Assistance. Financial accountability is maintained throughout the contract process using a system of checks and balances that are tied directly to the quantitative documentation originated in the field by the Client's representative and Contractor personnel. This process begins with measuring the interior dimensions of all debris hauling truck beds to be used for this project, to determine the measured cubic yard capacity. The Client representative, Contractor and driver(s) will each retain a copy of the completed form. CrowderGulf will enter the information from their copy into a computer database program. After 43 CrowderGulf RFP - Disaster Response and Recovery Services Monroe County, Florida all of the data has been entered into the database, a Capacity Certification Log is printed for use in the field by the Client and Contractor as a quality control tool. The second phase of our checks and balances is accomplished with the completion of a comprehensive Debris Load Ticket for each truckload of debris hauled by CrowderGulf and its subcontractors. The Contractor and Client will have representatives at the loading site(s) to inspect each loaded truck and record the required/applicable data. The Contractor and Client will also have a representative in the stagingldisposal site(s) inspection tower to complete the quantitative data on the load ticket for each load of debris hauled by CrowderGulf and its subcontractors. CrowderGulf Field Project Managers will ensure that the tower inspectors are provided with a current Capacity Certification Log to ensure that the integrity of the documented physical structure of each debris- hauling truck has not been jeopardized andlor altered in any manner that would adjust the measured cubic yard capacity of the truck bed. Accurate completion of these two sources of quantitative and descriptive debris data is imperative to the Client when supporting their request for reimbursement of the cost for this project from the State andlor FEMA. Designated office personnel enter data from debris load tickets on a daily basis into our Access database program. 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W lfj C .5 ;: Q) ... 0 lIS ';":"0:: ... ~o tJ) lIS .......... - 0:,:.. - o z lfj Q) >- I ztJ) Oz .. i=0 wI- D.i= I-z _0 <Cw O:::::::l Cl tJ) 0 C Q) ..J W tJ) W -; ~~ ~C C I I -I Q) E i= I CrowderGulf RFP - Disaster Response and Recovery Services Monroe County, Florida CROWDERGULF DEBRIS LOAD TICKET Client Name: Disaster No: 00001 Truck Company Name: Truck Driver Name: Loading Loading Date: Time: Loading Location Loading (Street Address): Zone: DEBRIS QUANTITY Truck Measured CY % ActuaJ CY No: Capacity: Full: Load: DEBRIS CLASSIFICATION Vegetative White Goods , C&D Other (state type) STUMP CLASSIFICATION ROW (Public Property) ROE (Private Property) Small (24" - 36" diameter) Small (24"- 36" diameter) Medium (37"- 48" diameter) Medium (37" - 48" diameter) Large (48" or greater diameter) Large (48" or greater diameter) Dumping Dumping Date: Time: Reduction/Disposal Dumping Location: CROWDERGULF Representative: Client Representative: State Inspector (if applicable): Federal Inspector (if applicable): 46 CrowderGulf RFP - Disaster Response and Recovery Services Monroe County, Florida CrowderGulf will provide daily, weekly, and summary debris reports to the Client. These reports can be configured to comply with a specific request or requirement. A typical daily report is shown below: CROWDERGULF DEBRIS MANAGEMENT City of Pascagoula Hurricane Debris Removal FEMA-1604-MS,DR Dailv Debris Removed Report DEBRIS REMOVED 2/24/2007 REPORT DATE Wednesday, February 28, 2007 Load Debris Date Ticket # Truck # Street Address Area Type Delivered To Capacity % Load Load (CY) 2/24/2007 658999 004 5-CHICOT 2 2 Macland 2 - C&D 45 79 35.6 2/24/2007 659000 003 5-CHICOT 2 2 Macland 2 - C&D 49 78 38.2 2/24/2007 659198 003 7-CHICOT 2 2 Macland 2 - C&D 49 78 38.2 2/24/2007 659199 004 7-CHICOT ST 2 2 Macland 2 - C&D 45 79 35.6 2/24/2007 773188 009 ROOSEVELT 2 2 Macland 2 - C&D 42 77 32.3 2/24/2007 773189 010 ROOSEVELT 2 2 Macland 2 - C&D 50 79 39.5 2/24/2007 773190 011 ROOSEVELT 2 2 Macland 2 - C&D 64 78 49.9 2/24/2007 773191 012 ROOSEVELT 2 2 Macland 2 - C&D 59 79 46.6 2/24/2007 773192 009 ROOSEVELT 2 2 Macland 2 - C&D 42 77 32.3 2/24/2007 773193 010 ROOSEVELT 2 2 Macland 2 - C&D 50 79 39.5 2/24/2007 773194 012 SCHOOL ST 2 2 Macland 2 - C&D 59 79 46.6 2/24/2007 773195 011 SCHOOL ST 2 2 Macland 2 - C&D 64 78 49.9 2/24/2007 773200 010 MARTIN 2 2 Macland 2 - C&D 50 78 39.0 2/24/2007 773201 009 1-MARTIN 2 2 Macland 2 - C&D 42 77 32.3 2/24/2007 773670 006 1-SCHOOL ST 2 2 Macland 2 - C&D 45 78 35.1 2/24/2007 773675 004 7-INGALLS 2 2 Macland 2 - C&D 45 76 34.2 2/24/2007 773676 003 7-INGALLS 2 2 Macland 2 - C&D 49 79 38.7 2/24/2007 773677 003 7-INGALLS 2 2 Macland 2 - C&D 49 79 38.7 2/24/2007 773678 004 7-INGALLS 2 2 Macland 2 - C&D 45 78 35.1 2/24/2007 773686 004 5-BASSWOOD 2 2 Macland 2 - C&D 45 78 35.1 2/24/2007 773687 003 5-BASSWOOD 2 2 Macland 2 - C&D 49 79 38.7 2/24/2007 773689 005 1-ROOSEVEL T 2 2 Macland 2 - C&D 44 79 34.8 2/24/2007 773690 006 ROOSEVELT 2 2 Macland 2 - C&D 45 78 35.1 2/24/2007 773691 49 1-ROOSEVEL T 2 2 Macland 2 - C&D 62 79 49.0 2/24/2007 773692 005 7-MARTIN 2 2 Macland 2 - C&D 44 79 34.8 2/24/2007 773695 005 1-SCHOOL ST 2 2 Macland 2 - C&D 44 77 33.9 2/24/2007 773698 006 7-MARTIN 2 2 Macland 2 - C&D 45 77 34.6 2/24/2007 773858 005 ROOSEVELT 2 2 Macland 2 - C&D 44 77 33.9 2/24/2007 773859 006 ROOSEVELT 2 2 Macland 2 - C&D 45 78 35.1 2/24/2007 773860 49 ROOSEVELT 2 2 Macland 2 - C&D 62 78 48.4 2/24/2007 773861 009 SCHOOL 2 2 Macland 2 - C&D 42 78 32.8 2/24/2007 773862 010 SCHOOL 2 2 Macland 2 - C&D 50 76 38.0 2/24/2007 774001 001 1-SCHOOL ST 2 2 Macland 2 - C&D 45 76 34.2 2/24/2007 774002 002 1-SCHOOL ST 2 2 Macland 2 - C&D 54 78 42.1 2/24/2007 774003 001 10-0LD MOBILE 2 2 Macland 2 - C&D 45 79 35.6 2/24/2007 774004 002 10-0LD MOBILE 2 2 Macland 2 - C&D 54 78 42.1 2/24/2007 774068 001 1-0RANGE ST 2 2 Macland 2 - C&D 45 78 35.1 2/24/2007 774069 002 1-0RANGE ST 2 2 Macland 2 - C&D 54 77 41.6 2/24/2007 774070 001 1-SCHOOL ST 2 2 Macland 2 - C&D 45 77 34.6 2/24/2007 774071 002 1-SCHOOL 2 2 Macland 2 - C&D 54 78 42.1 2/24/2007 774285 011 2 2 Macland 2 - C&D 64 79 50.6 2/24/2007 774286 012 2 2 Macland 2 - C&D 59 77 45.4 2/24/2007 774287 012 MARTIN 2 2 Macland 2 - C&D 59 77 45.4 2/24/2007 774288 011 MARTIN 2 2 Macland 2 - C&D 64 79 50.6 2/24/2007 774293 49 MARTIN 2 2 Macland 2 - C&D 62 80 49.6 2/24/2007 774296 49 2 2 Macland 2 - C&D 62 78 48.4 City of Pascagoula Stumps: Loads this Report 46 Avg. Load 78.0 Small 0 Medium: 0 Large: 0 Daily Cu Yds 1,818.9 DEBRIS REMOVED 2/24/2007 Debris Type: 1 - Vegetative Debris 2 - C&&D 3 - Stumps Page 1 of 1 47 CrowderGulf RFP - Disaster Response and Recovery Services Monroe County, Florida . Technical Disaster Recovery Assistance CrowderGulf offers Technical Disaster Recovery Assistance as a value-added service to the Client at no additional cost. The Technical Assistance provided is done so in a manner of guidance and support to assist the Client and is not intended as official actions for, of, or by the Client. CrowderGulfs on-site assistance will phase out as the Client becomes self-sufficient and assured of their capabilities to manage the recovery process and substantiate request for reimbursement from the State and/or FEMA for eligible Public Assistance funding. We will remain available to the Client from the home offices by phone, fax and/or e-mail (or return for on-site visits if necessary) to continue Technical Assistance support as requested by the Client. CrowderGulf recognizes that the administrative burden and documentation requirements placed on local government can be nearly as devastating as the natural disaster itself. Our primary objectives are to assist the Client with administrative and documentation preparedness, response and recovery processes. These processes will assist the Client with establishing clear eligibility and maximizing the amount of disaster related financial assistance available from external funding sources in the event of a declared emergency or disaster situation. CrowderGulf acknowledges that storm debris services and their subsequent costs are typically one of the first and foremost concerns of federal, state and local governments. This complex aspect of disaster recovery warrants extensive monitoring and documentation to substantiate requests for reimbursement of the high cost of contracted andlor force account storm debris services. We offer guidance related to the debris contract, management and documentation processes of this closely scrutinized category of disaster recovery assistance and what can be done ahead of time to best prepare for the commencement of work on this project, if/when needed. CrowderGulf has developed procedural guidance, supporting forms and documents to enable municipal applicants to expedite the process for a rapid physical and financial recovery. Our guidance and support will commence with concentration on the two categories of Emergency Work, Category A-Debris Removal and Category B-Emergency Protective Measures. This priority is based on the fact that these two categories typically involve 75-90% of a local government's recovery project costs. However, we are also available to assist the Client with the categories of Permanent Work, if and when requested by the Client. Upon request, CrowderGulf will train, advise and assist Client's personnel in the following: 1. Provide a recovery program overview to appointed and elected officials. 2. Provide training to appropriate Client personnel on details of documentation for recovery. 3. Assist in drafting resolutions necessary for disaster recovery efforts, personnel and projects. 4. Guide and assist the Disaster Recovery Manager on the requirement for and the process of the Project Worksheet (PW) System. 5. Assist the designated Client's staff andlor train the local hires with setting up applicable procedures for compiling and organizing the disaster specific forms and files for supporting documentation to requests for external funding assistance. 6. Attend the Applicants Briefing with Client, if requested. 7. Review and make recommendations for the Client's representatives on the Disaster Recovery Team. 8. Brief Disaster Recovery Team members on process and projected outcome. 9. Assist with the preparation and documentation of all small Project Worksheets. 10. Review for accuracy, completeness and value, all Project Worksheets returned by the State and/or FEMA. 11. Make recommendations as to whether the Client should concur or not concur with the Project Worksheets as presented by the State andlor FEMA. 48 CrowderGulf RFP - Disaster Response and Recovery Services Monroe County, Florida 12. Write rebuttal and/or re-inspection request for any Project Worksheets that the Client does not concur or accept. 13. Track the flow of information from Department Heads for recovery claims to the Project Worksheets files. 14. Check the progress of the Disaster Recovery Team making suggestions for possible corrections andlor improvements. 15. Assist, support and write any appeals for time extension, Disaster Recovery Team revisits State andlor FEMA denial of eligible cost. 16. Provide review of disaster related contracts and reports of contractor progress. 17. Prepare such reports as may be requested andlor required. 18. Begin CrowderGulf withdrawal as Disaster Recovery Team begins to administer the recovery effort on their own. 19. Conduct exit interview when the Client is ready to control the recovery effort independently. 20. Prepare after action report with recommendations for future disaster response and recovery operations. 21. Remain available by phonelfax (or return on-site visit if necessary) to continue the Technical Assistance once the exit interview has concluded. . Additional Assistance In an effort to provide additional services to clients, we have established a working team relationship with James Lee Witt and Associates. Pricing is available upon request; to follow is a brief introduction to the exceptional services they can provide: Founded in 2001, James Lee Witt Associates (JLWA) is a national, leading crisis and emergency management support and consulting firm based in Washington, DC. with offices in Atlanta, GA; Chicago, IL; Little Rock, AR; and Sacramento, CA. JLWA builds on James Lee Witt's more than 30 years of experience in emergency management, including eight years as the Director of the Federal Emergency Management Agency (FEMA). In September 2004, General Wesley Clark (ret.) and former Secretary of Transportation Rodney Slater joined JLWA, creating an unparalleled team of expertise and reputation. The JLWA team includes over 30 full-time staff and over 100 internationally renowned subject matter experts in crisis management to assist businesses and governments in preparing for, responding to, recovering from, and mitigating against all types of crises. On March 10, 2006 James Lee Witt Associates joined with Global Options Group, Inc., increasing the firm's capacity by providing additional risk management and security services. JLWA is comprised of two main practice areas: Crisis and Consequence Management and Strategic Advisory Services. Crisis and Conseauence Manaaement JLWA offers a full range of planning, mitigation, and prevention consulting services to better prepare organizations before disaster strikes. JLWA assists public and private sector organizations in identifying threats that could impact operations and developing effective continuity management programs. JLWA's pre- and post-disaster services include developing or updating emergency management plans; training programs; communication plans for employees, clients and/or residents; and oversight of engineering and construction services. JLWA provides on-site assistance in the event of a disaster (including staff and equipment), expert coordination and evaluation and estimation of damages. Strateaic Advisory Services JLWA provides strategic advisory services to state and local governments, universities, hospitals, and a variety of Fortune 500 companies. JLWA's experience provides our clients with the knowledge and techniques necessary to achieve their goals, while preparing for and preventing crises before they occur. JLWA provides planning assistance, building coalitions that link agencies, first responders, and communities, and fosters open lines of communication between diverse organizations through targeted media outreach, strategic planning 49 CrowderGulf RFP - Disaster Response and Recovery Services Monroe County, Florida and marketing, crisis communication plans, grassroots coalitions and effective partnership development. Since the company was founded in 2001, JLWA experts have played an integral role in nearly every major disaster, including the 2004 Tsunami, and the 2001, 2003, 2004 and 2005 Hurricane Seasons. Our professionals have been credited with expediting recovery efforts and providing assistance in all areas related to disaster recovery. JLWA excels in the following three areas: Experience: JLWA has an extensive background providing services for state and local governments recovering from disaster. Our firm has core competencies in project management, public assistance and mitigation programs, and has managed the reimbursement process at the federal, state and local levels. We have helped governments understand the often complex federal regulations that surround funding requests. Furthermore, our team has been a trusted advisor for state and local leaders as they work with both local and Federal governments throughout the recovery process. Capabilities: The JLWA team includes response and recovery specialists in hazard mitigation, public assistance, individual assistance, grants management, and engineering. Experts on the team have experience at the local, state and Federal government levels. This comprehensive understanding of both Federal and state regulations an.d recovery operations ensure that clients will be able to return to normal as soon as possible while receiving the maximum amount of funding available. Core values: JLWA has developed a disaster management philosophy that influences our approach to every project: o All-hazards perspective: JLWA strives to improve state response systems for any type of disaster. We have managed recovery operations for a full range of disasters, including hurricanes, floods, earthquakes, tornadoes and winter storms. o Exceptional customer service: JLWA recognizes that attentive customer service is essential in the recovery process. Our team follows through on requests in a timely and efficient manner and while building beneficial relationships with both local and Federal Governments on our client's behalf. o Inteqrated emerqencv manaqement: JLWA is comprised of knowledgeable experts in all phases of emergency management: disaster preparedness, mitigation, response and recovery. Our experts recognize that long-term mitigation and preparedness is a vital portion of the recovery process. 50 o c: !!.-I =;;1>> 1')" CT !!.CJ1 o' . ::3 00 CrowderGulf RFP - Disaster Response and Recovery Services Monroe County, Florida Tab 5 - Staffing for the Project & Qualifications of Key Personnel Personnel The severity of the disaster will determine how many employees will be assigned to a specific disaster event. Depending on the scope of the disaster, CrowderGulf will use a combination of company crews and subcontractors to perform work. We will begin with CrowderGulf personnel and proceed to add additional manpower and subcontractors until we have a sufficient workforce in place to effectively and efficiently manage and handle the disaster recovery effort. We have commitment letters from qualified subcontractors who will respond and mobilize within 24 hours of notice. Our policy has always been to use local qualified subcontractors. As subcontractors are identified and qualified, their information is maintained in our subcontractor database and as needed they are utilized. CrowderGulf has management and inspection personnel who are currently employed by CrowderGulf and/or Gulf Equipment on a continuing or consulting basis. These individuals have vast experience in managing and performing disaster related work. They consist of: 1. Large subcontractors who can provide their own competent management and inspection personnel with minimum oversight from our Management Team, along with over 200 other self-sufficient experienced subcontractors who have worked with us on previous disasters and understand CrowderGulf 's management philosophy and Management Plan. 2. Retired and semi-retired construction, City, County, FEMA, and Power Company Professionals who are experienced in managing and inspecting disaster reJated work. 3. CrowderGulf has in place a standby agreement with various engineering companies to provide personnel for engineering services. 4. For temporary housing, CrowderGulf is teamed with North American Catastrophe Services, Inc., (www.nacs1.com). NACS is recognized as the nation's leader in providing turnkey solutions to temporary housing. They are capable of responding under the PA program as well as the IA program. Their PA housing can consist of every level of service needed including but not limited to housing, catering, laundering, security and power support. Their turnkey IA housing program is the blueprint for GSA. 5. We have a stand-by agreement with Garner Environmental Services, Inc., (www.Qarner-es.com) to handle hazardous materials. Garner Environmental will respond to a wide spectrum of pollution incidents with professional personnel to insure a proper, legal, and effective cleanup, 24 hours per day, seven days a week. Garner Environmental response teams are staffed and supported with qualified and extensively trained personnel who are fully equipped with state of the art response equipment and instrumentation. Garner, established in 1981, is recognized as an industry leader and has combined the best and most practical field experiences and the most practical technologies available for investigation, remediation, restoration, and management of hazardous and non- hazardous sites and facilities. All CrowderGulf officers, managers and supervisors have been involved in previous successful disaster related debris operations and have been trained to the quality control concerns, safety concerns, ethics and drug policies of CrowderGulf All key personnel understand our management plan concept and its relationship to this company's Mission Statement. The following is a list of our key management, administrative and supervisory personnel: . John Ramsav - Director of Operations (DO) & President Mr. Ramsay is a graduate of Auburn University with a degree in Agriculture and has over 38 years of experience in storm debris operations and management. He has directed the successful completion of over 18 major operations from the most recent 2005 Hurricanes Dennis, Katrina, Rita and Wilma to Hurricane Camille in 1969. He is one of the foremost experts in all phases of a debris operation, including removal, reduction, recycling and disposal. 51 CrowderGulf RFP - Disaster Response and Recovery SefVices Monroe County, Florida M' t I d' t f II I t d D alor na ura Isas er prolects success u Iy comple e as irector include: Year & Disaster Contractina Entitv 1) 2005 Hurricanes Florida - Florida DOT, Counties: Bay, Walton, Escambia, Lee. Dennis, Katrina, Rita and Cities: Ft. Lauderdale, Sanibellsland, Wilton Manors, West Palm Wilma Beach, North Miami, North Miami Beach, and Pompano. Alabama - Baldwin County & the City of Atmore Mississippi - Cities: Pascagoula, Biloxi and Gulfport Louisiana - Calcasieu Parish Texas - Jefferson City & City of Dickinson 2) 2004 Hurricanes Charley, Frances, Ivan and 38 Cities and Counties in Florida, Alabama and Mississippi Jeanne 3) 2003 Hurricane Isabel Virginia - VPPSA (Cities of Newport News & Poquoson, Counties of James City County & York); SPSA (Cities of Norfolk, Suffolk, & Virginia Beach; Counties of Isle of Wight & Southampton). North Carolina - Dare County, Towns of Nags Head, Kitty Hawk, Hatteras, & Williamston, Cities of Rocky Mount & Wilson. 4) 2003 Ice Storm Winston-Salem, NC , 5) 2002 Ice Storm Lee's Summit, MO & Kansas City, KS 6) 2001 TS Allison Harris County & City of Houston, TX 7) 1999 Hurricane Counties of Wilson, Nash, Edgecombe, & Richmond, NC; Flovd/Floods Cities of Wilson, Rock/Mount, Princeville, and Rockingham, NC 8) 1998-Hurricane Harrison County, MS Georges 9) 1996-Hurricane Fran COE- 20 counties in NC; City of Wilson, NC; City of Wilson, NC 10) 1995-Hurricane Opal Cities of Panama City, Lynn Haven, FL; Bay County, FL 11) 1995-Hurricane Erin Escambia County Utility Authority, Pensacola, FL 12)1994-lce Storm Cities of Memphis & Germantown, TN 13) 1992-Hurricane Andrew Miami Beach; City of Miami; Key Biscayne; Sroward County, FL 14) 1991-lce Storm Birmingham, AL 15) 1989-Hurricane Hugo Charleston, SC; Cypress Gardens in Charleston; Manning, SC; Florence, SC; Kershaw County, SC; SC DOT 16) 1983-Hurricane Alicia Harris County & City of Houston, TX 17) 1979-Hurricane COE -Mobile, AL District Frederic 18) 1969-Hurricane Camille MS & AL- Agricultural Stabilization & Conservation Service . Raymond "Buddy" Youna - Assist Director of Operations (ADO) I Technical Assistance Manaaer Mr. Young was Regional Director of FEMA Region VI from 1993 - 2001 and served as Administrator for 133 federally declared disasters and emergencies. He is nationally known and recognized in the Emergency Management business and is extremely knowledgeable about FEMA policies and procedures. He is a retired Captain of the Arkansas State Police where he served for 26 years. He has provided management support and technical assistance to CrowderGulfs City's following the 2005 Hurricanes that devastated the Gulf Coast, Hurricanes Charley, Frances, Ivan and Jeanne in 2004, as well as Hurricane Isabel in 2003. Mr. Young also works with the Texas A&M Engineering Extension Program as an adjunct instructor. This program has a contract to provide terrorism response training to include all types of incidents for local and state governments, as well as the U. S. Air Force. He conducts full-scale exercises with local and state agencies in response to incidents of terrorism and natural disasters. Mr. Young is one of the most 52 CrowderGulf RFP - Disaster Response and Recovery Services Monroe County, Florida knowledgeable people working in the debris management business with first hand experience In managing major disasters. . Maraaret R. Wriaht. Ph.D. - Special Projects Manaaer/On-site Office Manaaer Dr. Wright has had over twenty years of professional training and managerial experience. Her most recent experience has been following Hurricane Rita in Calcasieu Parish, Louisiana. She has been a vital part of the management team working day to day with the Corps of Engineers. Her past experience in disaster recovery includes General Manager in Florida following Hurricanes Charley, Frances, Ivan and Jeanne and in Virginia after Hurricane Isabel and onsite Office Manager in North Carolina after Hurricane Fran. Her duties included regulations compliance, management of record keeping which included day-to-day operations of work completed, communication and coordination with contracting entities during reconciling process, and conducting formal evaluations at completion of projects. Dr. Wright was a team member for curriculum analyses for eight Navy courses in her previous employment with Intelligent Decision Systems, Inc. She directed extensive data collection and analysis, and formulated recommendations regarding realizing maximum training efficiency and effectiveness through the infusion of technology. She was also involved in the analysis and development of a large award-winning project for the Navy's Surface Warfare Officer School that provides on-the-job training utilizing technology and a cognitive apprenticeship approach to present instruction. Dr. Wright has also held positions with both the University of South Alabama and the Mobile County Public School System, which required project coordination and management skills. . William "Willie" Wriaht - Safety I Quality Control Manaaer (SQCM) Mr. Wright has an engineering degree from Auburn University and worked for Alabama Power Company for 31 years in various management positions. In the aftermath of Hurricanes Frederick, Erin and Opal he was responsible for managing and coordinating power crews in the restoration of power in the Southeastern Division of Alabama Power. He served as a Safety Specialist for Alabama Power from 1995 until his retirement. He is presently a Safety Consultant to CrowderGulf and a key member of our Management Team. Mr. Wright managed CrowderGulf's debris and reduction operation in York County, VA after Hurricane Isabel and Orange County, Florida following Hurricanes Charley and Frances and Escambia County, Florida, after Hurricane Ivan. . Eric Hall - Debris Reduction Manaaer (DM) I Project Manaaer Mr. Hall is a specialist in Air Curtain Incineration and has worked in the storm debris business since 1987. He has worked as Debris Reduction Manager for CrowderGulf in Florida after Hurricanes Andrew in 1992, Erin and Opal in 1995, plus North Carolina after Hurricane Fran in 1996. Mr. Hall managed CrowderGulf's debris operations in City of Orlando following Hurricanes Charley, Frances and Jeanne in 2004 and in Dare County, North Carolina, during Hurricane Isabel in 2003. . Charlie Hunter - Project Manaaer (PM) I Sales Representative Mr. Hunter spent over 20 years in the active U.S. Army Corps of Engineers in numerous duty assignments from 1956 until 1977. Upon retiring from the U.S. Army, he worked for three Counties in the State of Florida from 1977 until February 2001 serving as Solid Waste Operations Director for Putnam County from 1977 - 1988, Sarasota County from 1990 - 1991, and Brevard County from October 1991 - 2001. After retiring from Brevard County under the State of Florida Retirement system, he came to work with CrowderGulf in October 2001. Mr. Hunter was a project manager in Florida following Hurricanes Katrina, Wilma, Charley, Frances and Jeanne and in Lee's Summit, Missouri and Kansas City, Kansas after the 2002 ice storms. 53 CrowderGulf RFP - Disaster Response and Recovery Services Monroe County, Florida · John Campbell - Emeraencv Trainer I Marketina I Proiect Manaaer Mr. Campbell has a B.S. degree in Political Science from the University of Southern Miss. and a Masters degree in Logistics Management from the Florida Institute of Technology. After retirement from the Army as a full Colonel with 30 years of service, he served for 6 years as Chief of Operations for Lee County Emergency Management in Fort Myers, Florida. He has direct experience in debris recovery operations from Hurricane Iniki in Hawaii and Hurricanes Charley, Ivan and Wilma that impacted Southwest Florida. He also provided mutual aide to Escambia County Florida following Hurricane Ivan. During his 36 years of public service, he amassed an extensive background in high-level management, disaster response and training. He is qualified to instruct courses on the Incident Command System (ICS) and is a train- the-trainer for the National Incident Command System (NIMS). Mr. Campbell is an accredited Professional Emergency Manager through the Florida Emergency Preparedness Association (FEPA). Kev Personnel The following is a list of CrowderGulfs available management, administrative, and supervisory personnel (full resumes are available on request) who, depending on the scope of the work, may be assigned to the contract: . L. W. Ramsay, Jr. - President of Gulf Equipment . Ashley Ramsay - General Manager . Judy Davis - Accountant . William M. McGough, Jr., BS in Civil Engineering . Lyman M. Ramsay - Project Manager I Accounts Manager . Kelly Pridgen - Project Manager I Accounts Manager . Larry Hedgepath - Project Manager I Accounts Manager . Don Beauchene, Project Manager . Ricky Jones, Project Manager . Austin Bolton, Project Manager . Hugh Houlton, Project Manager . Dan Rackard, Project Manager . John Aaron Ramsay - Superintendent I Sub-contractor Crew Foreman Coordinator . Doug Walton - Sub-contractor Crew Coordinator I Superintendent . James Cooper - Sub-contractor Crew Coordinator I Superintendent . Wes Naile - Logistical Coordination . Jason Thompson - Computer Network Specialist . Kelley James - Subcontractor Accounts Payable Manager, Disaster Admin. Office . Kelly W. Carroll, MSW - Project Specialist . Amber Ramsay - Public Relations I Media Manager I Customer Relations . Melinda Kohnle - Contracts Manager . Jim Rinehart - Field Supervisor . Tom Robinson - Field Supervisor . James Thompson - Foreman . Gabriel Rel- Interpreter, Field Supervisor 54 CrowderGulf RFP - Disaster Response and Recovery Services Monroe County, Florida Company Owned Equipment We currently maintain a large inventory of company-owned equipment. A percentage of this inventory is debris specific and is immediately available for response to a disaster. Company-owned equipment will be dispatched to the disaster area immediately upon receipt of a Notice to Proceed. The following is a partial list of company-owned equipment available for use in any debris operation: . 16 yard - 24 yard Dump Trucks 143 . 30 yard - 50 yard Dump Trucks 40 . Rubber Tire Loaders (equipped with debris handling grapples) 16 . Rubber Tire and Track Equipped Excavators (with buckets and grapples) 10 . Knuckle Booms 4 . Self Loading Knuckle Boom Trucks 12 . Pick-Up Trucks (equipped with portable phones for Foremen) 10 . Service Trucks 8 . Skid-Steer Loaders (equipped with buckets and grapples) 10 . Self-Loading Trucks - 30 - 100 cubic yards 10 . Diamond Z 14' Tub Grinders 6 . Air Curtain Incinerators 9 We have active accounts with major national equipment rental companies to supplement our equipment needs as necessary (i.e. Caterpillar, John Deere, United Rental, Sunbelt, etc.). Subcontractor Equipment As the successful bidder we intend to utilize subcontractors for a percentage of debris operations. In compliance with 44 CFR 206.10, it is our policy to utilize available qualified local subcontractors to the greatest extent possible. We have over 300 large and small subcontractors who have committed the following equipment and manpower to our disaster operations: Equipment Summary Dump Trucks elf Loaders Loaders Excavators Knucklebooms Trackhoes ACls Tub Grinders 2399 490 377 338 152 214 49 17 Manpower Summary Project Managers Superintendents & Foremen Drivers/Operators Workers 36 117 346 571 Upon request, a complete list of subcontractors will be made available Between company owned equipment and our subcontractor's inventory, we have approximately 500 self- loading trucks from 30 - 100 cubic yards. This type of equipment works best in removing vegetative debris. These self-loading trucks will be some of the first equipment assigned to the Client. Resumes Enclosed... 55 JOHN RAMSAY 9209 Ramsey Road. Grand Bay, Alabama 36541 · 251-653-5075 EMPLOYMENT CROWDER-GULF President / Director of Operations, 1990 - present . Director of Emergency Recovery Work after natural disasters Projects completed includes: Hurricane Dennis 2005 Florida, Alabama Hurricanes Chancy, Frances, Jeanne, Ivan, 2004 Florida, Alabama, Mississippi Hurricane Isabel, 2003 Virginia and North Carolina Ice Storm, 2003 Winston-Salem, North Carolina Ice Storm, 2002 Kansas City. Kansas Ice Storm, 2002 Lee Summit, Missouri Floods SW Virginia, 2001 Virginia Tropical Storm Allison, 2001 Houston, Texas Hurricane Floyd, 1999 Wilson, Nash, Richmond and Edgecombe Counties, NC; Cities of Wilson, Rocky Mount, Rockingham and Princeville, NC New Braunfels, Texas Gulfport, Mississippi North Carolina, contracts with Corps of Engineers for 20 Counties City and County of Wilson Panama City, Lynn Haven, Panama City Beach and Bay County, Florida Pensacola, Florida Germantown and Memphis, Tennessee; Natchez, Mississippi Dade and Broward County, Florida South Carolina: Charleston, Manning, Florence, Kershaw County SC Department of Highways and Public Transportation Guadalupe & Comal Rivers Flood, 1999 Hurricane Georges, 1998 Hurricane Fran, 1996 Hurricane Opal, 1995 Hurricane Erin, 1995 Ice Storm, 1994 Hurricane Andrew, 1992 Hurricane Hugo, 1990 GULF EQUIPMENT CORPORATION Vice President / Project Manger, 1984 - present . Telecommunications Project Director and Coordinator for complete cell site development (Turnkey, Co locations and Rooftops) for T-Mobile, Pinnacle, DigiPH PCS, OPM-USA / American Towers, BellSouth, Alltel and Ericcson in Alabama, Mississippi, Florida, Georgia, Louisiana and Tennessee. . Manager of warehouse contracts with Powertel, Black & Veatch, DigiPH PCS and Hargray Wireless in Georgia, Alabama, South Carolina and Kentucky. DELTA EXPORTS, INC. President, 1988-1990 . Exported vessel loads of logs and lumber to Turkey and China; and other forest products exported in containers to Europe. Buying and selling of land timber and wood chips for domestic markets. Performed extensive studies on the feasibility of exporting pine and hardwood chips from the Gulf of Mexico to Japan. John C. Ramsay Page 2 ERNEST MANNING CONSTRUCTION COMPANY President, Part Owner. 1981-1987 · Director of hazardous wastes for superfund clean-up projects in Texas and southeastern states and refinery maintenance for Chevron USA, Pascagoula, Mississippi. Coordinator of trucking of material and site work. · Director of Emergency Recovery Work after natural disasters. Projects completed included: Hurricane Alicia, 1983 Hurricane Fredric, 1979 Hurricane Camille, 1969 City of Houston, Texas Corps of Engineers, Mobile District Alabama Mississippi and Alabama, Agricultural Stabilization and Conservation Service RL T CONSTRUCTION COMPANY President, 1979-1985 · Heavy construction, including construction with Tombigbee Waterway and Joe Poole Lake Dam in Dallas, Texas. RAMSAY FARM Independent farmer, 1963-1985 . Farmed 20,000 acres of soybeans and ran 15,000 head of cattle on winter grazing. · Partner in Deep South Auction Company. Business consisted of auctioning land, cattle and equipment (Established business while in college). MILITARY Air Force Reserves, 1963-1967 . Served as Crew Chief (Master Sergeant) on cargo planes. EDUCATION AUBURN UNIVERSITY Bachelor of Science, Agriculture, 1963 . Member of Alpha Zeta Honorary Fraternity . Alpha Gamma Rho, Agricultural Council . Vice President, School of Agriculture · President, Slock and Bridle Club MOBILE COUNTY HIGH SCHOOL High School Diploma, 1958 . Awarded "State Farmers Degree" through Future Farmers of America . President, Future Farmers of America, 4-H Club, Beta Club · Vice President, Science Club 5037 Oak Bend, Denton, Texas 940-382-5498 home /940-597-4252 cell Raymond "Buddy" Young Experience 2001 - Present Crowder-Gulf Public Relations I Project Manager I FEMA Expert . On-site consultant and FEMA advisor during clean-up effort after Hurricanes Charley, Frances, Jeanne and Ivan in July 2004 - present . On-site consultant and FEMA advisor during clean-up effort after Hurricane Isabel in Virginia and North Carolina in September 2003 . Advise and educate CG and our customers on all FEMA matters . Visit various public entities across the US to make them aware of CG and services provided . Following disaster, assists in estimating degree of damage, volume of debris and assists in preparing project worksheets 1993 - 2001 FEMA Presidential Appointee - Regional Director of FEMA Region VI . Identified the need for and established Federal/State partnerships with each state within Region VI . Completed a comprehensive re-organization and streamlining of operations at Region VI, which is now considered the most efficient FEMA region in the nation . Well connected with many Congressmen and Senators . Extremely knowledgeable about FEMA rules and regulations 1983 - 1993 Arkansas State Police Director of Governor's Security . Supervised a unit of eleven Arkansas State Troopers . Provided security of Governor Bill Clinton and coordinated all of his travel arrangements . Organized and implemented security operations for the fall meeting of the National Governors Association in November 1986. Involved in providing 25 hour security for a four day period for 30 governors from throughout the United States . 1981 - 1983 Arkansas State Police Commander of the Organized Crime Unit . Conducted Arkansas' largest stolen property recovery operation which resulted in the arrest of 140 . persons and recovery of $250 million of stolen property . 1980 -1981 Arkansas State Highway Patrol . Administrative Assistant to the Commander . 1979 - 1980 Arkansas State Highway Patrol . Administrative Assistant to the Commander of Criminal Investigation . 1971 -1979 . Polygraph Examiner . Field Investigator Arkansas State Police ERIC HALL BUSINESS EXPERIENCE 1987 - Present Dragon Trenchburning Winter Park, FL Owner- Principle operation fleet Air Curtain Incinerators, contract & rental for destruction of development, right of way, Landclearing and storm debris. Sales consultant for Air Burners, Inc. Stuart, Florida, benchmark manufacturer of portable and refractory air curtain incinerators since 1986. PROJECT EXPERIENCE 2004 Hurricane Charley, Frances, Jeanne Orlando, FL Prqjed Manager / Debris Reduction Manager- CrOJvder-Gulf 2003 Hurricane Isabel Dare Co, NC Prqject Manager / Debris Reduction Manager - Crowder-Gulf 2002 Ice StormKansas City, KS Prqject Manager/ Debris Reduction Manager - Crowder-Gulf 2002 Ice Storm Lee's Summit, MO Prqject Manager/ Debris Reduction Manager - Crowder-Gulf 2001 Floods SW Virginia Prqject Manager/ Debris Reduction Manager - Crowder-Gulf 2000 Mad Cow Disease England Burned cow carrasses affected by mad cow disease. 1999 Hurricane Floyd North Carolina Project Manager / Debris Reduction Manager - Crowder-Gulf 1999 Floods on Guadalupe /Comal Texas Project Manager - Crowder-Gulf 1997 Orange Co, FL Consultant - Reddit Landfill 1996 Hurricane Fran North Carolina Supervisor - Crowder Excavating 1995 Hurricane Opal Bay Co, FL Supervisor - 2 Air Curtain Sites - Department of Public Works 1994 Ice Storm Memphis, TN Supervisor - 4 Air Curtain Sites - Department of Public Works 1993 Dean Road 4 Lane Orange Co, FL Contractor - Air Curtain Incinerator 1992 Hurricane Andrew Miami,FL EDUCATION 1968-1970 Kent State University Kent, Ohio 164 Rosewood Drive Cocoa, Florida 32926 CHARLIE HUNTER Experience 2001 - Present Crowder-Gulf Florida Associate Project Manager · Project manager for Brevard County, Florida following Hurricanes Charley, Frances and Jeanne · Project manager for Southampton County, Virginia following Hurricane Isabel · Meet with potential clients in Florida 1991 - 2001 Brevard Co Solid Waste Operations Division Director · Directed all personnel and activities of the Waste Disposal Operations Div · Development and maintenance of staff, equipment and equipment service scheduling · Initiation of the purchases of all necessary equipment and product including heavy equipment and vehicles 1990 - 1991 Sarasota Co, Solid Waste Operations Division Director · Directed all personnel and activities of the Waste Disposal Operations Div · Development and maintenance of staff, equipment and equipment service scheduling . Initiation of the purchases of all necessary equipment and product including heavy equipment and vehicles 1989 - 1989 Special Projects for MFM Environmental Manager . Worked on special project to provide technical assistance to clients providing environmental clays for the purpose of lining sanitary landfills, capping sanitary landfills, lining sludge ponds and decorative ponds, · Assisted with technical information regarding environmental concems. . Assisted in the marketing of environmental clay. Military 1956 - 1957 Missouri National Guard · Honorable Discharge 1957 - 1971 · Honorable Discharge United States Army First Sergeant ~ ~!~~~_.~~~~GH! (WILLIE) 9331 Ramsey Road · Grand Bay. Alabama 36541 · 251-865-5218 EXPERIENCE CROWDER-GULF 1/98 - PRESENT Safety/Quality Control Manager Project manager for City of Orlando. Florida following Hurriances Charley, Frances and project manager for Escambia County, Florida following Hurriance Ivan, 2004 Project manager for York County, Virginia debris removal and reduction following Hurricane Isabel in September 2003 Presenter and trainer for meeting with cities and counties GULF EQUIPMENT CORPORATION Safety Specialist 1/97 - Present ALABAMA POWER COMPANY 3/66.12/97 Safety Specialist 12/95-12/97 Assess, develop and provide leadership training for Safety Committee Chairmen for the Southern Company (including Alabama, Mississippi, Florida, Georgia, Southern Nuclear and Savannah Electric) . Chairman of committee charged with implementing the Back Injury Prevention Program throughout Alabama Power Company Develop and present safety presentations and safety motivational presentations for Southern Company employees Division Manager, Transmissions & Distribution . Mobile Division 8/93.12/95 . Management of operation, maintenance and construction of Division transmission facilities (approximately 3000 miles of high voltage transmission lines and 280 substations) Management of transmission line crews, division control center operations and substation crews Management of 43 + contract tree crews Management of engineers of substation, transmission lines and distribution functions within Division . Management of coordination and installation of joint use functions for cable television and telephone companies . Development and implementation of Hurricane Restoration Plan Responsible for safety initiative for Mobile Division's 600 employees Division Manager, Transmission . Mobile Division 4/89-8/93 ,~ . Management of operation, maintenance and construction of Division transmission facilities (approximately 3000 miles of high voltage transmission lines and 280 substations) Management of approximately, transmission crews, division control center operation and substation crews Management of 43 + contract tree crews Management of engineers of substation, transmission lines and distribution functions within Division Responsible for safety initiative for Mobile Division's 600 employees District Superintendent - West Mobile District 6/75-4/89 Managed District supelVisors of engineering department, setvice department, distribution line crew and warehouse department Responsible for safety focus and initiative for West Mobile District District Substation Superintendent - Mobile Division 5/74-6/75 Managed and supelVised substation engineers, substation foremen and crews Responsible for safety focus and initiative for Mobile Division Substation personnel Senior I Engineer. Mobile DistrictlDivision 11/72.5/74 Liaison between crews and District superintendent Coordinated all contractors who installed distribution underground facilities Pioneered location of faulty underground facilities (developed and implemented technique and instrument for finding faulty facilities) Operated Distribution System to restore service, on 24 hour call (rotating basis) Senior I Substation Engineer. Binningham Division 11/70.11/72 Liaison between two divisions on supporting budget maintenance activities of substations Senior II Engineer. Mobile District 8/68- 11/70 . Engineered work orders for crews concerning new business, maintenance and general improvement Operated Distribution System to restore setvice, on 24 hour call (rotating basis) EDUCATION AUBURN UNIVERSITY Auburn, Alabama Bachelor oj Scien~'e, Industrial Engineering 9/61-6/66 ., JOHN M. CAMPBELL 3793 Ridge View Way. Lexington, Kentucky 40509 . (859) 523-7587 EMPLOYMENT CROWDER-GULF Emergency Management and Training Specialist, May 2006 - Present LEE COUNTY, FLORIDA EMERGENCY MANAGEMENT Chief of Operations, 2001 - 2006 . Responsible for daily operations of the Emergency Operations Center and multi-agency emergency coordination in response to storms, fires, hazardous materials releases and police emergencies. Some major activities during period include: Tropical Storm Gabrielle 2001 Natural Gas pipeline rupture 2003 Hurricane Charley 2004 (LandfaJl in Lee County) Hurricane Ivan 2004 Hurricane Katrina 2005 Hurricane Wilma 2005 LEE COUNTY, FLORIDA EMERGENCY MANAGEMENT Chief of Planning, 2000 - 2001 . Responsible for the County Emergency Management Plan (CEMP), the public outreach program for Emergency Management and preparation of the daily Incident Action Plan during emergency activations ofthe Emergency Operations Center. Major activities during this period include: County Brush Fires of 2000 Spring Floods of 200 1 County Response to Terrorist Threat from 9-11 attack ARMY/AIR FORCE EXCHANGE SERVICE Chief of Staff 1995 - 1998 . Responsible for coordination and personnel management for a 3000 person headquarters staff for this $7 billion retail operation serving military personnel worldwide. Also responsible for strategic business planning and coordinating headquarters support for disasters impacting retail facilities worldwide. ~ u.s. ARMY GARRlSON, HAWAII Commander, 1993 - 1995 . Commanded a 3000-person organization responsible for all aspects of support for over 100,000 personnel and family members assigned to the 25th Light Infantry Division and U.S. Army, Pacific Command. Support included 10,000 family housing units; facilities management for four (4) military installations and over 100,000 acres of training land; installation security and emergency preparedness; transportation and supply management; engineer, construction and contracting management; and budget management. 17TH AREA SUPPORT GROUP and Camp Zama, Japan Commander, 1991 - 1993 . Commanded a 2800-person organization responsible for all aspects of support for over 30,000 personnel and family members assigned to IX Corps and U.S. Army, Japan. Support included: housing management and maintenance; supply, transportation and vehicle maintenance management; training lands management; installation security and emergency preparedness for 5 military installations; engineer and construction management; and purchasing, contracting and budget management. COMBINED FORCES COMMAND, KOREA Director, Plans and Operations Division, Assistant Chief of Staff G-4 1989 - 1991 . Responsible for a combined staff of 30 U.S. and Korean military personnel providing logistics planning for all U.S. and Republic of Korea forces on the Korean peninsular. MULTIPLE COMMAND AND STAFF ASSIGNMENTS, Worldwide 1968 - 1989 . Served in numerous Command and Staff positions within the U.S. Army in combat and peacetime conditions. Attained the rank of Colonel. EDUCATION B.A. Degree, Political Science - 1968 University of Southern Mississippi Master of Science Degree, Logistics - 1982 Florida Institute of Technology Command and General Staff College - 1981 Fort Leavenworth, Kansas National Defense University - 1989 Industrial College of the Armed Forces, Wash., D.C. DANNY LEE RACKARD 8806 Bluefish Drive Gulf Shore, Alabama 36542 251/379/5904/ Fax 251-459-7433 EXPERIENCE March 2005 - Current Gulf Equipment Corporation Marine Division Project Manager: Responsible for projects on open water and inland waterways, including wetlands, drainage canals and ditches. Primarily responsible for debris removal, work has included drainage restoration and wetland remediation, as well as dune construction and sand reclamation. Managed 17 jobs over 100,000 man hours and equipment hours without accident time lost. All jobs brought in ahead of schedule and under budgeted price. September 2004 - March 2005 City of Gulf Shores Contract Labor Supervisor: Supervised a 20 man labor crew in debris removal within the City of Gulf Shores following hurricane Ivan. April 2001 - September 2004 Engineering Construction Management: Student. University of West Florida July 1998 - April 2001 City of Gulf Shores Superintendent Streets and Drainage: Supervised 16 person city work crew in maintaining all streets and drainage for the city. Managed an 11 million dollar operating budget. July 1976 - April 1998 U. S. Army First Sergeant: Senior non-commissioned officer of a 250 man construction engineer company. Primarily responsible for the training, health, welfare and morale of a forward deployed, heavy construction engineer company. EDUCATION 2006 OSHA 1 O-hour Safety Construction 2000 American Concrete Institute Field Technician I PADI Divemaster Department of Navy Construction Safety Course U. S. Army First Sergeants Course Hazardous Materials Handlers Course U. S. Army Advance Engineer Course Corp of Engineers General Inspection St. Thomas Aquinas College AA Business 1992 1992 1991 1987 1985 1984 1984 MILITARY AWARDS · Legion of Merit · 2 - Meritorious Service Medals · 5- Army Commendation Medals · Numerous Campaign and Service Medals · Bronze De Fleury Medal Corp of Engineers DISASTER RELIEF OPERATIONS Participated in the following in varying degrees from Equipment Operator to Project Manager over the last 30 years: · Hurricane Frederick, Iniki, George, Rita, Ivan, Katrina · Earthquake - Incerlick, Turkey · Forest Fires - Montana, Idaho · Snow Storms - New York · Ice Storm - Kansas City · Flooding - Southern France, Korea · Tornado - Limon, Colorado Donald A. Beauchene 3665 Knollwood St. Youngstown, FL 32466 (251 )379-5883 cell dbeaucheneocucrowderau If. com Qualifications: Currently hold aU. S. Coast Guard License as master of vessels up to 100 gross tons. Worked directly in navigation including the latest in electronic charting, Radar and Celestial Navigation also experienced in the use of a wide variety of communications equipment including VHF-FM, SSB, IMARSAT. CPR and First Aide certified. Emplovment: Matthews Marine / Gulf Equipment Venture Jul 2006 - Present Safety/Hazmat Coordinator, Quality Control Manager - Debris removal from Mississippi waters in the Gulf of Mexico Crowder-Gulf Joint Venture Sep 2004 - Present Project Manager for multiple federally declared disasters; Hurricane Ivan 2004, Hurricanes Dennis, Katrina and Rita 2005. U.S. Coast Guard June 1979 - July 2001 Highest Rank attained: Chief Petty Officer (Operations manager) - Highest security clearance held - Top Secret. Awards include the Coast Guard Commendation Medal and Two Coast Guard Achievement Medals. Experience: Provided oversight for Safety, Hazardous material recovery and Quality Control issues as they related to debris removal from a marine environment following Hurricane Katrina. Correlated all data of debris detected by sonar and electronically plotted each piece of debris and providing GPS tracks and identification of each piece of debris removed for the federal contract of out to Y2 mile offshore along the coast of Mississippi in the Gulf of Mexico. As project manager for four hurricane clean-up contracts in Florida (Hurricane Ivan 2004 and Hurricane Dennis 2005), Louisiana (Hurricane Katrina 2005) and Texas (Hurricane Rita 2005), provided oversight of daily operations of all contractors from debris pick-up through final disposal site restoration including damage claim satisfaction. Worked closely with numerous County department heads to ensure total satisfaction in all aspects of all contracts, clearing more than 7.4 Million cubic yards of debris over a period of 18 months. During a career spanning more than 22 years, assigned to 8 ships ranging from 82-270 feet with over 12.5 years of sea experience. Duties included Operations Department Head, bridge watch supervisor, planned and maintained budgets and property valued at more than 25 Million dollars, counseled personnel, managed schedules and planned and implemented training for newly assigned personnel. As a bridge watch supervisor, directly responsible to instruct Commissioned Officers in the use of bridge equipment and safe watch standing practices. Scheduled maintenance including dry-dock packages for three ships. Search and Rescue coordinator for four Coast Guard stations handling as many as 400 cases a year. Through superb planning and coordination skills, safely planned and coordinated over 700 flights in support of Coast Guard operations including scheduling daily flight assignments for 50 personnel. Other duties included inspection of marine terminal facilities and inspection of passenger vessels for vessel readiness to operate safely. Provided emergency response to oil and hazardous material spills, provided daily oversight to federal cleanup operations. Computer skills include the use of Microsoft Office, Word, Project 98 and Excel. Certified SCUBA Diver since 1977. Education: Hazardous Material Waste Operations Personnel Emergency Response (HAZWOPER) - 2006 Marine Fire Fighting (Ship) - 1996 Team Coordination Training - 1996 Maritime Search and Rescue - 1989 Leadership and Management - 1987 Officer Practical Ship Handling - 1987 Automatic Radar Plotting Aids Decision making - 1986 Hazardous Materials Response (HAZCHEM) - 1981 Marine Pollution Investigator Course (MESPOC) - 1981 Tom P. Haney Vocational School (Marine Mechanics) - 1979 Graduate, Rutherford High School - 1979 40 hours 160 hours 40 hours 80 hours 80 hours 80 hours 40 hours 80 hours 200 hours or consultant under a contract with a public entity, and may not transact business with any public entity in excess of Category Two for a period of 36 months from the date of being placed on the convicted vendor list or on the discriminatory vendor list. (g) An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide 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 a public entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity. (h) The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature, and subject to any modification in accordance with Chapter 216, Fla. Stat. or the Florida Constitution. (i) All bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. U) If otherwise allowed under this Agreement, all bills for any travel expenses shall be submitted in accordance with Section 112.061, Fla. Stat. (k) The Division of Community Affairs reserves the right to unilaterally cancel this Agreement for refusal by the Recipient to allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Fla. Stat., and made or received by the Recipient in conjunction with this Agreement. (I) If the Recipient is allowed to temporarily invest any advances of funds under this Agreement, any interest income shall either be returned to the Division or be applied against the Department's obligation to pay the contract amount. (m) The State of Florida will not intentionally award publicly-funded contracts to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act ("INA")]. The Division shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the INA. Such violation by the Recipient of the employment provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by the Department. 13 (n) The Recipient is subject to Florida's Government in the Sunshine Law (Section 286.011, Fla. Stat. ) with respect to the meetings of the Recipient's governing board or the meetings of any subcommittee making recommendations to the governing board. All such meetings shall be publicly noticed, open to the public, and the minutes of all such meetings shall be public records, available to the public in accordance with Chapter 119, Fla. Stat. (21 ) STATE LOBBYING PROHIBITION. No funds or other resources received from the Division in connection with this Agreement may be used directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state agency. (22) COPYRIGHT, PATENT AND TRADEMARK ANY AND ALL PATENT RIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY RESERVED TO THE STATE OF FLORIDA. ANY AND ALL COPYRIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY TRANSFERRED BY THE RECIPIENT TO THE STATE OF FLORIDA. (a) If the Recipient brings to the performance of this Agreement a pre-existing patent or copyright, the Recipient shall retain all rights and entitlements to that pre-existing patent or copyright unless the Agreement provides otherwise. (b) If any discovery or invention arises or is developed in the course of or as a result of work or services performed under this Agreement, or in any way connected herewith, the Recipient shall refer the discovery or invention to the Division for a determination whether patent protection will be sought in the name of the State of Florida. Any and all patent rights accruing under or in connection with the performance of this Agreement are hereby reserved to the State of Florida. In the event that any books, manuals, films, or other copyrightable material are produced, the Recipient shall notify the Department. Any and all copyrights accruing under or in connection with the performance under this Agreement are hereby transferred by the Recipient to the State of Florida. (c) Within thirty (30) days of execution of this Agreement, the Recipient shall disclose all intellectual properties relevant to the performance of this Agreement which he or she knows or should know could give rise to a patent or copyright. The Recipient shall retain all rights and entitlements to any pre-existing intellectual property which is so disclosed. Failure to disclose will indicate that no such property exists. The Division shall then, under Paragraph (b), have the right to all patents and copyrights which accrue during performance of the Agreement. 14 (23) PROPERTY MANAGEMENT. (a) Title to equipment acquired by a Recipient with State funds shall vest in the Recipient, subject to conditions of this section. The Recipient must continue the operation, maintenance, repair and administration of any equipment or other personal property purchased under this Agreement in accordance with the purposes for which the funds were originally appropriated and for the period of time expressly specified in the Agreement or, failing to do so, the Recipient must return to the Division the subgrant funds used to purchase the property. (b) The Recipient shall not use equipment acquired with State funds to provide services to non-State outside organizations for a fee that is less than private companies charge for equivalent services, unless specifically authorized by Florida statute, for as long as the State retains an interest in the equipment. (c) The Recipient shall use the equipment in the project or program for which it was acquired as long as needed, whether or not the project or program continues to be supported by State funds and shall not encumber the property without approval of the Division. When no longer needed for the original project or program, the Recipient shall use the equipment in connection with its other State-sponsored activities, in the following order of priority: (i) Activities sponsored by the Division, then (ii) activities sponsored by other State agencies. (d) During the time that equipment is used on the project or program for which it was acquired, the Recipient shall make it available for use on other projects or programs if such other use will not interfere with the work on the project or program for which the equipment was originally acquired. First preference for such other use shall be given to other projects or programs sponsored by the Division; second preference shall be given to projects or programs sponsored by other State agencies. If the equipment is owned by the State of Florida, use on other activities not sponsored by the State of Florida shall be permissible if authorized by the Division. User charges shall be treated as program income. (e) When acquiring replacement equipment, the Recipient may use the equipment to be replaced as trade-in or sell the equipment and use the proceeds to offset the costs of the replacement equipment subject to the approval of the Division. 15 (f) The Recipient's property management standards for equipment acquired with State and State-owned equipment shall include all of the following. (1) Equipment records shall be maintained accurately and shall include the following information. (i) A description of the equipment. (ii) Manufacturer's serial number, model number, Federal stock number, national stock number, or other identification number. (iii) Source of the equipment, including the award number. (iv) Whether title vests in the Recipient or the State of Florida. cost. (v) Acquisition date (or date received, if the equipment was furnished by the State of Florida) and (vi) Information from which one can calculate the percentage of State participation in the cost of the equipment (not applicable to equipment furnished by the State of Florida). (vii) Location and condition of the equipment and the date the information was reported. (viii) Unit acquisition cost. (ix) Ultimate disposition data, including date of disposal and s(ix) Ultimate disposition data, including date of disposal and sales price or the method used to determine current fair market value where a Recipient compensates the Division for its share. (2) Equipment owned by the State of Florida shall be identified to indicate State ownership. (3) A physical inventory of equipment shall be taken and the results reconciled with the equipment records at least once every two years. Any differences between quantities determined by the physical inspection and those shown in the accounting records shall be investigated to determine the causes of the difference. The Recipient shall, in connection with the inventory, verify the existence, current utilization, and continued need for the equipment. (4) A control system shall be in effect to insure adequate safeguards to prevent loss, damage, or theft of the equipment. Any loss, damage, or theft of equipment shall be investigated and fully documented; if the equipment was owned by the State of Florida, the Recipient shall promptly notify the Division. (5) Adequate maintenance procedures shall be implemented to keep the equipment in good condition. (6) Where the Recipient is authorized or required to sell the equipment, proper sales procedures shall be established which provide for competition to the extent practicable and result in the highest possible return. (g) When the Recipient no longer needs the equipment, the equipment may be used for other activities in accordance with the following standards. For equipment with a current per unit fair market value of $5000 or more, the 16 Recipient may retain the equipment for other uses provided that compensation is made to the Division. The amount of compensation shall be computed by applying the percentage of State participation in the cost of the original project or program to the current fair market value of the equipment. If the Recipient has no need for the equipment, the Recipient shall request disposition instructions from the Division. The Division shall determine whether the equipment can be used to meet the Division's requirements. If no requirement exists within that agency, the availability of the equipment shall be reported to the Department of Management Services by the Division to determine whether a requirement for the equipment exists in other State agencies. The Division shall issue instructions to the Recipient no later than 120 calendar days after the Recipient's request and the following procedures shall govern. (1) If so instructed or if disposition instructions are not issued within 120 calendar days after the Recipient's request, the Recipient shall sell the equipment and reimburse the Federal awarding agency an amount computed by applying to the sales proceeds the percentage of Federal participation in the cost of the original project or program. However, the Recipient shall be permitted to deduct and retain from the State share $500 or ten percent of the proceeds, whichever is less, for the Recipient's selling and handling expenses. (2) If the Recipient is instructed to ship the equipment elsewhere, the Recipient shall be reimbursed by the State of Florida by an amount which is computed by applying the percentage of the Recipient's participation in the cost of the original project or program to the current fair market value of the equipment, plus any reasonable shipping or interim storage costs incurred. (3) If the Recipient is instructed to otherwise dispose of the equipment, the Recipient shall be reimbursed by the Division for such costs incurred in its disposition. (4) The Division may reserve the right to transfer the title to the State of Florida or to a third party named by the State when such third party is otherwise eligible under existing statutes. Such transfer shall be subject to the following standards. (i) The equipment shall be appropriately identified in the award or otherwise made known to the Recipient in writing. (ii) The Division shall issue disposition instructions within 120 calendar days after receipt of a final inventory. The final inventory shall list all equipment acquired with grant funds and federally-owned equipment. If the Division fails to issue disposition instructions within the 120 calendar day period, the Recipient shall apply the standards of this section, as appropriate. (iii) When the Division exercises its right to take title, the equipment shall be subject to the provisions for State-owned equipment. (24) LEGAL AUTHORIZATION. The Recipient certifies with respect to this Agreement that it possesses the legal authority to receive the funds to be provided under this Agreement and that, if applicable, its governing body has authorized, by resolution or 17 otherwise, the execution and acceptance of this Agreement with all covenants and assurances contained herein. The Recipient also certifies that the undersigned possesses the authority to legally execute and bind Recipient to the terms of this Agreement. (25) ASSURANCES. The Recipient shall comply with any Statement of Assurances. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed by their undersigned officials as duly authorized. Recipient: Name and title: MONROE COUNTY ATTORNEY ;/4PROVED A,S Jll FORM , ~~- ~t2i.4-/ NATILEENE W. CASSEL ASSISTANT COUNTY ATTORNEY Date h-~ -() 7 Monroe County By: Date: SAMAS # FID# STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT By: Name and Title: Date: 18 EXHIBIT - 1 STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: MATCHING RESOURCES FOR FEDERAL PROGRAMS: NOTE: If the resources awarded to the recipient for matchinq represent more than one Federal proqram, provide the same information shown below for each Federal proqram and show total State resources awarded for matching. Federal Proqram (list Federal aqencv. Cataloq of Federal Domestic Assistance title and number) - $ (amount) SUBJECT TO SECTION 215.97, FLORIDA STATUTES: NOTE: If the resources awarded to the recipient represent more than one State project. provide the same information shown below for each State project and show total state financial assistance awarded that is subject to Section 215.97, Florida Statutes. State Project State of Florida - Division of Emergency Management CSFA # 52.010 $1,029,547 COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: List applicable compliance requirements as follows: 1. First applicable compliance requirement (e.g., what services/purposes resources must be used fof). 2. Second applicable compliance requirement (e.g., eligibility requirements for recipients of the resources). 3. Etc. State awarding agency may elect to use language that requires the recipient to comply with the requirements of applicable provisions of specific laws, rules, regulations, etc. NOTE: Instead of listing the specific compliance requirements as shown above, in the example, the language may state that the recipient must comply with a specific law(s), rule(s), or regulation(s) that pertains to how the awarded resources must be used or how eligibility determinations are to be made. The State awarding agency, if practical, may want to attach a copy of the specific law, rule, or regulation referred to. NOTE: Section AOO(d) of OMB Circular A-133, as revised, and Section 215.97(5)(a), Florida Statutes, require that the information about Federal Programs and State Projects included in Exhibit 1 be provided to the recipient. 19 Attachment A Budget and Scope of Work I. SCOPE OF WORK A. The Recipient shall construct a County Emergency Operations Center (EOC). Use of grant funds shall be consistent with Section 1 (1), Ch. 2006-71, Laws of Florida. Grant funds shall not be used for land acquisition; purchase of equipment, furnishings, communications, or operational systems; or recurring expenditures. Eligible reimbursement costs include: Architectural and Engineering services and fees; site survey and soil testing; necessary permits and fees; civil and service utilities site work; construction of the building's substructure, superstructure, shell (exterior enclosure) and interior construction; special inspections; mechanical, plumbing, electrical, conveying and security systems; lightning protection; and redundant infrastructure systems (e.g., electric generator, un interruptible power supply, potable water and wastewater systems, etc.). B. The Recipient shall in a timely manner prepare and submit a complete Hazard Mitigation Grant Program (HMGP) application, benefit-cost analysis, environmental review and such other documentation as necessary to determine eligibility and allowable costs under said grant program. C. The Recipient shall state in writing that for a period of not less than 15 years from the date of receipt of Certificate of Occupancy the EOC will be dedicated for emergency management purposes. The EOC shall remain demonstrably capable of being fully activated within one (1) hour of detection of an emergency; reference Rule Chapter 9G-6, Florida Administrative Code, "Emergency Management Capabilities Assessment Checklist." D. The EOC shall be constructed with sufficient space to house people and equipment for day-to-day and sustained continuous emergency operations, and capable of full staffing for the most extensive emergency anticipated. At a minimum, the designated EOC functional area(s), and essential shared-use area(s) if applicable, shall be designed for an emergency operations staff size of 62 persons per shift and a workspace floor area of 5,270 gross square feet. E. At a minimum, the EOC shall meet the hurricane hazard safety criteria established in Standards for Hurricane Evacuation Shelter Selection (ARC 4496). F. The EOC and essential ancillary structures and service equipment shall be designed to resist the effects of a major hurricane. The wind load design requirements shall be in accordance with the American Society of Civil Engineers (ASCE) Standard 7, Minimum Design Loads for Buildings and Other Structures. The minimum wind design criteria shall include: Design Wind Speed = 225 miles per hour (3 second gust) Wind Importance Factor, 1=1.00 Exposure Category = C Directionality Factor, Kd = 1.00 Internal Pressure Coefficient, GCpi = +/- 0.18 All components and cladding assemblies necessary to maintain a structurally enclosed condition and prevent rainwater intrusion shall be designed to meet the wind design criteria. Structural metal decking and cladding materials shall be 22 gauge or thicker. Roof cover waterproofing barriers shall meet the wind design criteria. Loose roof ballast shall not be used on the roof cover. Rooftop equipment shall be designed and installed to meet the wind design criteria. G. The EOC and essential ancillary structures and service equipment shall resist penetration by wind borne debris impact. At a minimum, all exterior enclosure components, c1addings and assemblies (i.e., walls, roofs, louvers, windows, doors, etc.) located within 60 feet in height above finish grade shall meet the hurricane windborne debris impact criteria 20 specified in the Department of Energy's (DOE) Standard, Natural Phenomena Hazards Design and Evaluation Criteria, DOE-STD-1020-2002. That is, the building enclosure must resist penetration by a nominaI2"x4" lumber plank weighing 15 pounds propelled at 50 miles per hour (74 feet per second) striking end-on and normal to the assembly surface, or equivalent performance as approved by the Division. As applicable, impact test procedures shall be consistent with recognized state and national standards; such as, Test Standard for Determining Impact Resistance from Windborne Debris SSTD 12, American Society of Testing and Materials (ASTM) Standards ASTM E 1886 and ASTM E 1996, and Florida Building Code Testing Protocols T AS 201, T AS 202 and T AS 203. The impact test procedures may be modified as necessary to accommodate the required missile weight and velocity. H. The following information related to wind loads and flooding shall be shown on the construction drawings: 1. wind design per ASCE 7 with applicable year of revision; 2. design wind speed; 3. wind importance factor, I; 4. design wind exposure category; 5. wind directionality factor, Kd; 6. design internal pressure coefficient, GCpi; 7. design wind pressures in terms of pounds per square foot (psf) to be used for the design of exterior component and cladding materials not specifically designed by the principal licensed design professional; 8. windborne debris impact performance criteria; 9. finish floor elevation measured relative to the National Geodetic Vertical Datum (NGVD); and comparison reference of the finished floor elevation to the base flood elevation, or historical flood elevation if base flood elevation is not determined. I. The lowest floor for the EGC and essential ancillary structures and service equipment shall at a minimum be elevated above: Category 5 hurricane storm surge elevation plus 20 percent; the base flood elevation plus three (3) feet; the 500-year (0.2 percent annual chance) flood elevation (if determined) plus two (2) feet; the highest recorded flood elevation plus three (3) feet if the area is not in a mapped special flood hazard area; whichever is greater. The site (point maximum, one square mile) hydrologic design shall ensure that the EOC and essential ancillary structures and service equipment are not flooded due to a 24 hour, 37.0 inch rainfall event applied over a precedent 24 hour, 100-year rainfall event. J. Where secondary (emergency) roof drains or scuppers are required by the Florida Building Code-Plumbing, the secondary system shall be sized for a rainfall rate of eleven (11.0) inches per hour. K. The EOC shall be designated as a threshold building, and special structural inspections required. Special inspections shall be conducted in compliance with section 553.79, Florida Statutes and other applicable statutes, laws and rules. L. The EGC shall at a minimum be designed for 72 hours of self-contained continuous operation and shall not be solely reliant upon off-site services and utilities (e.g., water, natural gas fuel, electricity, etc.) M. Force protection and security measures shall be consistent with the guidance published in Florida's Homeland Security Comprehensive Assessment Model (HLSCAM), United States Air Force Installation Force Protection Guide, or other federal or state recognized best-practices guide(s) as approved by the Division. N. The Recipient shall provide an initial timeline and estimated reimbursement allocation schedule. Table SW-1, "Initial Timeline and Estimated Reimbursement Allocation Schedule" or other similar instrument as approved by the Division may be used. O. During design and construction phases of the EOC project, the Recipient shall track and provide construction cost data for the designated EOC area as detailed in Table SW-2, "Cost Data for County Emergency Operations Center." 21 1/. PRODUCT ITEMS A. Per item I.N, Recipient shall prepare an initial timeline with key milestone activities/tasks schedule, including estimated start and end dates for each activity, and an estimate of state reimbursement request for each activity. Table SW-1 may be used to meet this product item. 8. Per item I.C, Recipient shall submit a binding written statement that the EOC will be dedicated for a period of not less than15 years for emergency management purposes, and demonstrably capable of being fully activated within one (1) hour of detection of an emergency. C. The Recipient shall provide one (1) copy each of site survey, site master plan, spatial needs assessment, and schematic design plan or preliminary design drawings for review and comment by the Division. The spatial needs assessment and schematic design plan/preliminary design may be consolidated into one document. D. The Recipient shall provide one (1) set of substantially complete (approximately 70 percent) preliminary design construction drawings and specifications for the EOC and essential ancillary structures for review and comment by the Division. The construction drawings shall include site survey information, landscaping, civil, architectural, structural, mechanical, plumbing, and electrical drawings. E. The Recipient shall provide one (1) set of bid-ready construction drawings and specifications for the EGC and essential ancillary structures for review by the Division. The construction drawings shall include site survey information, landscaping, civil, architectural, structural, mechanical, plumbing, and electrical drawings and shall be certified by the applicable registered or licensed design professional(s) of record. F. The construction drawings shall demonstrate that the EGC will meet the hurricane hazard safety criteria of ARC 4496, and the wind load, windborne debris impact, flood and security design requirements set forth in items I.E through I.M. Failure to supply the required documentation, or disapproval of this documentation by the Division, shall result in denial of funds. G. Per item 1.8, Recipient shall submit a complete HMGP application, benefit-cost analysis, environmental review and such other documentation as necessary to determine eligibility and cost allowances under said grant program. The Recipient shall also provide two cost estimates prepared by one or more certified construction contractors that document the cost of constructing the facility to meet current building code wind and flood design requirements, and the cost premium of constructing the facility to the above-code wind and flood requirements set forth in items I.E through I.J. H. Per item 1.0, the Recipient shall provide final project cost data. Table SW-2 shall be used to meet this product item. I. The Recipient shall provide the Division with copy(s) of pertinent construction permits, the threshold inspection final report, and the certificate of occupancy upon completion of the construction project. 22 III. SCHEDULE OF WORK A. By June 30, 2007, the Recipient shall provide the Division with Product Items A and B for review and approval. Failure to supply the required documentation, or disapproval of this documentation by the Division, shall result in denial of funds. B. By September 30, 2007 and at least on a quarterly basis thereafter, Recipient shall report on progress in relation to the initial timeline, and submit Product Items C through H in a timely manner as accomplished. The Division shall be provided 30 calendar days to review and provide comments of product items pertaining to compliance with the scope-of- work. The Recipient shall also submit invoices for reimbursement for work accomplished in accordance with the Division approved cost reimbursement allocation schedule referenced in Product Item A. C. Bya mutually agreed upon date, the Recipient shall provide the Division with Product Item F for review and approval. Failure to supply the required documentation, or disapproval of this documentation by the Division, shall result in denial or reduction of funds at the sole discretion of the Division. D. By May 15, 2009, the Recipient shall provide final project cost estimate data as set forth in Table SW-2, certificate of occupancy, close-out documentation and final payment invoice. 23 Table SW-1. Initial Timeline and Estimated Reimbursement Allocation Schedule Table SW-1. Initial Timeline and Estimated Reimbursement Allocation Schedule County Name: Monroe PROJECT PHASE Start Date End Date DEM Funds Other Funds Board Contract Aooroval Initial Payment of 20% in first quarter A&E Firm Selection Site Survey and Soil T estinq Spatial Needs Assessment Preliminary Design, 70% com plete Preliminary Design, 100% comolete Reaulatorv Review Bid Document(s) Development & Award Notice to Proceed/Mobi lization Construction Project Management & Soecial Insoections Construction 25% Com olete Construction 50% Comolete Construction 100% Com olete Continqency Administrative Fees; maximum of 5% Sub-Totals $1,029,547 TOTAL Estimated Proiect Cost A&E - Architectural and Engineering; OEM - Division of Emergency Management; FY - Fiscal Year 24 Table SW-2. Cost Data for County Emergency Operations Center Table SW-2. Cost Data for County Emergency Operations Center County Name: Monroe NO. System/Component Description Estimated Cost A. SUBSTRUCTURE 1010 Foundation 1020 Slab-on-Grade 2010 Excavation 2020 Basement Walls 2030 Elevated Foundation B. SHELL (ENVELOPE) B 10 Superstructure 1010 Floor Construction 1020 Roof Construction 1030 Structural Frame 1040 Load-BearinQ Wall B20 Exterior Enclosure 2010 Exterior Walls 2011 Veneer/Claddino 2012 Louvers 2020 Exterior Windows 2030 Exterior Doors B30 Roofino 3010 Roof Coverinas 3020 Roof 00eninas 3021 Soffits C. INTERIORS 1010 Partitions 1020 Interior Doors 1030 Fittinas 2010 Stair Construction 3010 Wall Finishes 3020 Floor Finishes 3030 Ceilina Finishes D. SERVICES 010 Conveyina 1010 Elevators & Lifts 1020 Escalators & Walks I 020 PlumbinQ 2010 Plumbino Fixtures 2020 Domestic Water Distribution 2021 Back-up Potable Water System 2040 Rainwater Drainaae D30 HV AC 3010 Eneroy Supply 25 3020 Heatina System 3030 Coolina System 3050 Terminal & Package Units 3090 Other HV AC Svs. 040 Fire Protection 4010 Sprinkler Svs. 4020 Standpipe Sys. 4030 Other Svs. 050 Electrical 5010 Elec. Service & Distribution 5020 Lighting & Branch Wirina 5030 Communications & Security 5090 Other Elec. Sys. 5091 Generator Svs. 5092 UPS Svs. E. EQUIPMENT & FURNISHINGS 1010 Commercial Equip. 1020 Institutional Equip. 1030 Vehicular Equip. 1090 Other Eauip. 1091 AudioNideo Equip. 1092 Special Telecom 1093 Information Tech. 1094 Geo. Info. Sys. F. SPECIAL CONSTRUCTION 1041 Generator Enclosure 1042 Comm. Tower 1043 Helioad 1090 Other G. BUILDING SITEWORK 1010 Earthwork 1020 Roadwav & Parkina 1030 Drainage & Flood Control 1040 Security Measures 1090 Other Sitework 26 Attachment B Program Statutes and Regulations 1. Sections 215.555(7)(c) and 215.559, Florida Statutes 2. Chapter 252, Florida Statutes 3. Chapter 287, Florida Statutes 4. Chapter 119, Florida Statutes 5. Chapter 60A-1, Florida Administrative Code 6. Chapter 9G-19, Florida Administrative Code 27 Attachment C JUSTIFICATION OF ADVANCE PAYMENT R.ECIPIENT: ndicate by checking one of the boxes below, if you are requesting an advance. If an advance payment is requested, budget data on vhich the request is based must be submitted. Any advance payment under this Agreement is subject to s. 216.181(16)(a) and (b), ?Iorida Statutes. The amount which may be advanced shall not exceed the expected cash needs of the recipient within the initial hree months. [ ] NO ADVANCE REQUESTED [ ] ADVANCE REQUESTED No advance payment is requested. Payment will be solely on a reimbursement basis. No additional information is required. Advance payment of $ is requested. Balance of payments will be made on a reimbursement basis. These funds are needed to pay staff, award benefits to clients, duplicate forms and purchase start-up supplies and equipment. We would not be able to operate the program without this advance. ADVANCE REQUEST WORKSHEET If you are requesting an advance, complete the following worksheet (A) (B) (C) (D) FFY 2002 FFY 2003 FFY 2004 Total DESCRIPTION 1 INITIAL CONTRACT ALLOCATION 2 FIRST THREE MONTHS CONTRACT EXPENDITURES I 3 AVERAGE PERCENT EXPENDED IN FIRST THREE MONTHS (Divide line 2 by line 1.) I . First three months expendItures need only be prOVIded for the years In which you requested an advance. If you do not have thIS information, call your consultant and they will assist you. MAXIMUM ADVANCE ALLOWED CALULA TION: X $ Cell D3 DEM Award (Do not include any match) = MAXIMUM ADVANCE REOUEST FOR WAIVER OF CALCULATED MAXIMUM ] Recipient has no previous DEM contract history. Complete Estimated Expenses chart and Explanation of Circumstances below. ] Recipient has exceptional circumstances that require an advance greater than the Maximum Advance calculated above. Complete estimated expenses chart and Explanation of Circumstances below. Attach additional pages if needed. 28 ESTIMATED EXPENSES BUDGET CATEGORY 2004-2005 Anticipated Expenditures for First Three Months of Contract ADMINISTRA TIVE COSTS (Include Secondarv Administration.) PROGRAM EXPENSES TOTAL EXPENSES Explanation of Circumstances. 29 Attachment 0 Warranties and Representations Financial Manaaement Recipient's financial management system shall provide for the following: (1) Accurate, current and complete disclosure of the financial results of this project or program (2) Records that identify adequately the source and application of funds for all activities. These records shall contain information pertaining to grant awards, authorizations, obligations, unobligated balances, assets, outlays, income and interest. (3) Effective control over and accountability for all funds, property and other assets. Recipient shall adequately safeguard all such assets and assure that they are used solely for authorized purposes. (4) Comparison of expenditures with budget amounts for each Request For Payment. Whenever appropriate, financial information should be related to performance and unit cost data. (5) Written procedures for determining the reasonableness, allocability and allowability of costs in accordance with the provisions of the applicable cost principles and the terms and conditions of this grant. (6) Accounting records, including cost accounting records that are supported by source documentation. Com petition. All procurement transactions shall be conducted in a manner to provide, to the maximum extent practical, open and free competition. The Recipient shall be alert to conflicts of interest as well as noncompetitive practices among contractors that may restrict or eliminate competition or otherwise restrain trade. In order to ensure objective contractor performance and eliminate unfair competitive advantage, contractors that develop or draft specifications, requirements, statements of work, invitations for bids and/or requests for proposals shall be excluded from competing for such procurements. Awards shall be made to the bidder or offeror whose bid or offer is responsive to the solicitation and is most advantageous to the Recipient, price, quality and other factors considered. Solicitations shall clearly set forth all requirements that the bidder or offeror shall fulfill in order for the bid or offer to be evaluated by the Recipient. Any and all bids or offers may be rejected when it is in the Recipient's interest to do so. Codes of conduct. The Recipient shall maintain written standards of conduct governing the performance of its employees engaged in the award and administration of contracts. No employee, officer, or agent shall participate in the selection, award, or administration of a contract supported by public grant funds if a real or apparent conflict of interest would be involved. Such a conflict would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or other interest in the firm selected for an award. The officers, employees, and agents of the Recipient shall neither solicit nor accept gratuities, favors, or anything of monetary value from contractors, or parties to subcontracts. The standards of conduct shall provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents of the recipient. Business Hours The Recipient shall have its offices open for business, with the entrance door open to the public, and at least one employee on site, from 30 Licensinq and Permittinq All subcontractors or employees hired by the Recipient shall have all current licenses and permits required for all of the particular work for which they are hired by the Recipient. 31 v\U iD RECEIVED JUN () 6 2007 LETTER OF TRANSMITTAL MONROE COUNTY ATTORNEY Date: F~: ~~ MONROE COUNTY Dave Parker Engineering Dept 1100 Simonton Street Key West, Florida 33040 (305) 292-4429 Attention: Kathy Peters RE: State Funded Subgrant Agreement Review ENCLOSED PLEASE FIND THE FOLLOWING ITEM(S): NO. DATE COPIES DESCRIPTION I 5/7/07 ] State Funded Subgrant Agreement THESE ARE TRANSMITTED AS CHECKED BELOW: ~ Review and Comment DFor Approval DApproved as Noted DFor Your Use DReturned for Corrections DCopies for Approval REMARKS: Kathv. This contract has been placed on the June AQenda for execution. Please have it reviewed as soon as possible so that we may include it as back-up for the aQenda. It is our understandinQ (EnQineerinQ/EmerQencv ManaQement) that this contract may be rescinded bv the County at any time prior to expenditure of funds. but this is somethinQ we need to verify durinQ the review Page 1 of 1 Peters-Katherine From: Parker-David Sent: Tuesday. June 05, 20074:56 PM To: Peters-Katherine Subject: Subgrant agreement Review Hi Kathy, Also enroute to your office is the State Subgrant Agreement (for new EOC building) that we have to have executed by the end of the month. It is a Grant for just over $1 million and requires no match, and it is on the agenda for June. We just became aware of the need for this contract a couple days ago, and spent a good deal of time yesterday trying to verify the deadline. It appears the June SOCC meeting is the last chance we have to get it executed prior to the deadline. Please Jet me know if you have questions. Thanks, Oalfe P~ie~ Dave Parker Senior Administrator, Special Projects Monroe County Engineering Department The Historic Gato Cigar Factory 1100 Simonton Street, Suite 2-216 Key West, Florida 33040 305 292 4524 FAX 305 2954321 fa f!<ef -Da_vid@nI0nrQec;Q!J"ty-fl.gov 6/5/2007 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: 6/20107 Division: Engineering Bulk Item: Yes ----X- No Department: Engineering Staff Contact PersonlPhone #: Dave Koppellx4427 AGENDA ITEM WORDING Approval to advertise a Request for Proposals for DesignlBuild Services to construct a hotel to be built at the Marathon Airport in conjunction with the new County EOC building. ITEM BACKGROUND: Monroe County is required by Florida Statute (F.S.252.38(3)(a)3) to establish a primary EOC to provide continuity of government and direction and control of emergency operations. Construction of a Hotel adjacent to our new EOC with a portion of the rooms designed for Category V protection will allow a proportionately smaller EOC to be constructed, and provide much needed accommodations for emergency response personnel during recovery. PREVIOUS RELEVANT BOCC ACTION: None CONTRACVAGREEMENTCHANGES: N/A STAFF RECOMMENDATIONS: Approval as stated above TOT AL COST: 0.00 BUDGETED: Yes NoL COST TO COUNTY: 0.00 SOURCE OF FUNDS: REVENUE PRODUCING: Yes No AMOUNT PER MONTH_ Year APPROVED BY: County Atty _ OMB/Purchasing _ Risk Management _ DOCUMENT ATION: Included Not Required_ DISPOSITION: AGENDA ITEM # Revised 11106 Engineering Division MEMORANDUM To: Dave Koppel, County Engineer From: Dave Parker, Senior Administrator, Special Projects Date: June 5, 2007 Re: Agenda Item AGENDA ITEM WORDING: Approval to advertise a Request for Proposals for Design/Build Services to construct a hotel to be built at the Marathon Airport in conjunction with the new County EOC building. ITEM BACKGROUND: Monroe County is required by Florida Statute (F.S.252.38(3)(a)3) to establish a primary EOC to provide continuity of government and direction and control of emergency operations. Construction of a Hotel adjacent to our new EOC with a portion of the rooms designed for Category V protection will allow a proportionately smaller EOC to be constructed, and provide much needed accommodations for emergency response personnel during recovery. PROJECT DETAILS: The hotel would be constructed and owned by Monroe County, and would be leased to a Private Operator. During times of disaster, the Category V resistant units would be occupied by EOC Staff. During recovery, the remainder of the units would provide much needed lodging for Response and Recovery personnel. PREVIOUS RELEVANT BOCC ACTION: None CONTRACT/AGREEl\1ENT CHANGES: ST AFF RECOMMENDATIONS: Approval as stated above. BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: 6120107 Division: Engineering Bulk Item: Yes -2L No Department: Engineering Staff Contact PersonlPhone #: Dave Koppellx4427 AGENDA ITEM WORDING Approval to advertise a Request for Proposals for Professional Services to Design an Emergency Operations Center (EOC) for Monroe County.. ITEM BACKGROUND: Monroe County is required by Florida Statute (F.S.252.38(3)(a)3) to establish a primary EOC to provide continuity of government and direction and control of emergency operations. Due to our vulnerability to extreme tropical cyclones, the EOC must be constructed to provide "near absolute" survivability. At the present time Monroe County has no dedicated, survivable space for the EOC. PREVIOUS RELEVANT BOCC ACTION: Monroe County has signed a letter of intent to accept HB7121 funding in the amount of $1,029,547.00 towards construction of a new EOC. HMGP grant funding has been applied for with preliminary indications of a $1,283,608.00 award. CONTRACT~GREEMlliNTCHANGES: N~ STAFF RECOMMENDATIONS: Approval as stated above TOTAL COST $ $7,240,000.00 BUDGETED: Yes NoL COST TO COUNTY $4,926,805.00 SOURCE OF FUNDS: REVENUE PRODUCING: Yes No AMOUNT PER MONTH_ Year APPROVED BY: County Atty _ OMBlPurchasing _ Risk Management _ DOCUMlliNT A TION: 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: June 5, 2007 Re: Agenda Item AGENDA ITEM WORDING: Approval to advertise a RFP for Professional Services to Design an Emergency Operations Center (EOC) for Monroe County. ITEM BACKGROUND: Monroe County is required by Florida Statute (F.S.252.38(3)(a)3) to establish a primary EOC to provide continuity of government and direction and control of emergency operations. Due to our vulnerability to extreme tropical cyclones, a new EOC must be constructed to provide "near absolute" survivability. At the present time Monroe County has no dedicated, survivable space for the EOC. PROJECT DETAILS: The project will result in a new EOC constructed on County owned land adjacent to the existing Monroe County Sherrif's Hangar in Marathon. The construction of an adjoining hotel complex with a portion of the rooms hardened to Category V protection for use during declared emergencies will allow the County to construct a proportionately smaller EOC. PREVIOUS RELEVANT BOCC ACTION: At the BOCC meeting on May 18,2005. The Board unanimously granted approval to apply and for the Mayor to sign HMGP FY 2005 application, to relocate, design and construct a permanent and dedicated EOC. Subsequently, at the BOCC meeting on July 19,2006. The Board unanimously granted approval to apply for a Statewide Competitive Grant to Construct or Improve the Monroe County Emergency Operations Center, as prepared by Langton and Associates. CONTRACT/AGREEMENT CHANGES: STAFF RECOMMENDATIONS: Approval as stated above. BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: June 20. 2007 Division: Engineering Bulk Item: Yes --X- No Department: David Koppel Staff Contact PersonlPhone #:Dave Koppel X4426 AGENDA ITEM WORDING: Approval to waive bid irregularities associated with hiring of JLU Enterprises Corporation for the work at the Key West International Airport. ITEM BACKGROUND: Several prospective bidders were contacted by phone and fax for the auger cast piles. Four bidders returned proposals and the Morganti Group entered into a contract with the lowest bidder, American Foundation. American Foundation did not have a license to work in Monroe County, therefore, used JLU Enterprises Corporation who is licensed to conduct business in Monroe County. PREVIOUS RELEVANT BOCC ACTION: On November 15,2006 the BOCC approved to waive the advertisement requirement by the Morganti Group, and enter into a contract with American Foundation. CONTRACT/AGREEMENT CHANGES: The contract with American Foundation will be under the license of JLU Enterprises Corporation. STAFF RECOMMENDATIONS: Approval as stated above. TOTAL COST: N/A BUDGETED: Yes N/ A No COST TO COUNTY: N/A SOURCE OF FUNDS: N/A REVENUE PRODUCING: Yes No --X. AMOUNT PER MONTH_ Year APPROVED BY: County Atty _ OMB/Purchasing _ Risk Management_ DOCUMENTATION: Included Not Required X DISPosmON: AGENDA ITEM # Revised 11106 OK~~Y ~o~~~E (305) 294-4641 Engineering Division The Historic Gato Cigar Factory 1100 Simonton Street, Suite 2-216 Key West, F10rida 33040 305-292-4426 deparbnent 305-295-4321 fax koppel-dave(@illonroecounty-fl.gov To: (-' --- ....-........-.. 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 MEMORANDUM The Monroe County Board of County Commissioners From: David S. Koppel, PE Division Director, Engineering J) Date: June 4,2007 Subject: JLU Enterprises Corporation, Key West International Airport The Engineering Division is requesting approval to waive bid irregularities associated with the hiring of JLU Enterprises Corporation by The Morganti Group for the auger cast pile work at the Key West International Airport. On November 15,2006, the BOCC granted approval to waive the advertisement requirement by The Morganti Group and enter into a contract with low bidder American Foundation. However, American Foundation did not have a license to work in Monroe County. Since JLU Enterprises does have a license for business in the County, the American Foundation will be working under the license of JLU for purposes of this contract. Staff supports the approval of this item. BOARD OF COUNTY CO~nSSIONERS AGENDAITEMS~ARY Meeting Date: 6/20107 Division: Engineering Bulk Item: Yes No Department: Staff Contact PersonIPhone: David Koppel. x4427 AGENDA ITEM WORDING: Approval to amend contract with PB Americas, Inc. for Card Sound Road Bridge project. ITEM BACKGROUND: The existing contract with PB Americas, Inc. for construction engineering and inspection services on the Card Sound Road bridge project includes positions and associated hourly rates. PB Americas, Inc. is requesting to lower the rate of Inspector (coatings) Bolton Perez to $105.57/hour and add the position of Inspector 11 (coatings) John Woods at a rate of $81. 19/hour. PREVIOUS RELEVANT BOCC ACTION: BOCC approved the contract with Parsons Brinkerhoff Construction Services, Inc. for construction engineering and inspection services on February 21 st, 2007. BOCC approved a Consent to Assignment (due to corporate restructuring and name change) from Parsons Brinkerhoff Construction Services, Inc. to PB Americas, Inc. at the May 16, 2007 meeting. CONTRACT/AGREEl\1ENT CHANGES: Reducing hourly rate of Inspector (coatings) Bolton Perez to $105.57 and adding Inspector 11 (coatings) position at a rate of $81.19. Original contract cost will remain the same. STAFF RECOMMENDATIONS: Approval as stated above. TOTAL COST: nla BUDGETED: Yes ---X- No COST TO COUNTY: nla SOURCE OF FUNDS: 401-22505-560630 REVENUE PRODUCING: Yes ~o _ AMOUNT PER MONTH_ Year_ APPROVED BY: County Atty. ---X- OMBlPurchasing _Risk Management_ DOCUMENTATION: Included Not Required_ DISPOSITION: AGENDA ITEM # Revised 11/06 FIRST AMENDMENT TO AGREEMENT BETWEEN MONROE COUNTY AND PB AMERICAS, Inc. For CONSTRUCTION ENGINEERING SERVICES FOR CARD SOUND ROAD BRIDGES REHABILITATION PROJECT THIS FIRST AMENDMENT (hereinafter "1st Amendment") to the Agreement between the Monroe County and PB Americas, Inc., for Construction Engineering Services Inc. (hereinafter "agreement") is made and entered into this 20th day of June, 2007, by and between MONROE COUNTY, a political subdivision of the state of Florida (hereinafter "County"), and PB Americas, Inc., (hereinafter "The Consultant"). WITNESSETH WHEREAS, on the 21st day of February, 2007, the parties entered into an Agreement for the Card Sound Road Bridges Rehabilitation Project; and WHEREAS, the parties entered into an amendment, incorporated herein, of the original agreement whereby The Consultant contracted with the County to perform Construction Engineering services to the Card sound Road Bridges rehabilitation Project; and WHEREAS, The County and The Consultant have agreed to amend and reduce current rate for Inspector of Coatings position and to add the position of Inspector 11 for coatings, and WHEREAS, the County and The Consultant have agreed to memorialize these amendments and clarifications; NOW, THEREFORE, in consideration of the mutual promises and covenants set forth below, the parties agree to amend the Agreement for the Card Sound Road Bridges Rehabilitation Project as follows: 1. Section 25.0 paragraph 2 is amended to read as follows: Attachment A Sub consultant Classification Billing Rate per Hour Inspector (coatings) Bolton Perez $ 105.57 ADDED POSITION Inspector 11 (coatings) John Woods $81.19 26. All other prOViSIOns of the February 21, 2007 original Agreement, not inconsistent herewith, shall remain in full force and effect. IN WITNESS WHEREOF, each party has caused this Amendment to Agreement to be executed by it's duly authorized representative. (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By By Deputy Clerk Mayor/Chainnan ATTEST: PB Americas, Inc. ByQU~_~ Title "~Il'i p~ By C}L{ulJ-J-t ~ Title (JA-o)~U- _~t.p{I))} {Il~. MONROE COUNTY ATTORNEY PROVED AS TO F RM: BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: 6/20107 Division: Engineering Bulk Item: Yes ~ No Department: Staff Contact Person/Phone #: Judy Clarke X4329 AGENDA ITEM WORDING: Approval to rescind Resolution # 032-2007 and Joint Participation Agreement (JP A) with Florida Department of Transportation (FDOT) to provide $750,000 to fund a temporary ferry service to Pigeon Key and approval of amended Resolution and JP A with FDOT. ITEM BACKGROUND: BOCC granted approval to reject, revise and re-advertise proposals at the March 21, 2007 meeting. Since the JP A includes the scope of services, a revised JP A and Resolution are needed. PREVIOUS RELEVANT BOCe ACTION: BOCC granted approval to advertise for a request for proposals for temporary ferry service at December 20, 2006 meeting (item 0-4). BOCC granted approval by resolution to enter into a Joint Participation Agreement (JP A) with FDOT to provide $750,000 to fund the temporary ferry service at the February 21,2007 meeting (item D-18). BOCC approved rejecting proposals and re-advertising for proposals for the temporary ferry service at the March 21,2007 meeting (item D-19). CONTRACT/AGREEMENT CHANGES: Scope of services contained in the RFP and included as "Exhibit A" of the JP A has been amended. STAFF RECOMMENDATIONS: Approval as noted above. Resolution is included as Exhibit C of JPA. TOT AL COST: N/A BUDGETED: Yes No COST TO COUNTY: N/A SOURCE OF FUNDS: grant REVENUE PRODUCING: Yes No AMOUNTPERMONTH_ Year APPROVED BY: County Atty _ OMB/Purchasing _ Risk Management _ DOCUMENTATION: Included X Not Required_ DISPOSITION: AGENDA ITEM # Revised 11/06 Engineering Division MEMORANDUM To: The Monroe County Board of County Commissioners From: David S. Koppel, P.E. Division Director, Engineering Date: June 5, 2007 Re: Joint Participation Agreement (JPA), Pigeon Key The Engineering Division is requesting approval to rescind Resolution #032-2007 and the JPA with Florida Department of Transportation that was approved at the February 2007 meeting and to approve the amended resolution and JPA. The JPA provides $750,000 to fund the temporary ferry service to Pigeon Key. an March 21.2007, the BaCC granted approval to reject proposals for the temporary ferry service, revise the scope of services contained in the request for proposals (RFP), and re-advertise. Staff revised the RFP based on discussions at the March 7,2007 BaCC workshop and subsequent discussions with Pigeon Key Foundation. Since the JPA includes the RFP and scope of services, the JPA needed to be revised to reflect the changes. Staff supports approval of this item. MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: f.LJ)er' or 1rdl&1f.telirL Contract #- -r- Effective Date: Expiration Date: Contract Manager: David Koppel (Name) 4427 (Ext. ) for BOCC meetin on 6/20/07 enda Deadline: 6/05107 CONTRACT COSTS Total Dollar Value of Contract: $ 750,000 Budgeted? YesD No D Account Codes: Grant: $ 750,000 County Match: $ 0 Current Year Portion: $ 250,000 - - - - ----- - - - - ----- - - - - ----- - - - - ----- ADDITIONAL COSTS Estimated Ongoing Costs: $_/yr For: (Not included in dollar value above) (eg. maintenance, utilities, janitoriaL salaries, etc.) CONTRACT REVIEW Division Director Date In ~'- j'-O 1) Changes Needed YesD NoQ/ Date Out Risk Ma~~eme~ ~ 7 YesD No!i.:J '9.JLv UM}(J' O.M.B./Purcfiasing C4 ~ -07 YesD NoD County Attorney 6/5/07 YesD NoOO U\'lA..~ Comments: OMB Form Revised 2/27/01 MCP #2 Contract #: CSF A #: 55.023 JOINT PARTICIPATION AGREEMENT BElWEEN STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND MONROE COUNTY THIS AGREEMENT is made and entered into this day of , 2007, between the State of Florida Department of Transportation, a component agency of the State of Florida, hereinafter referred to as the 'DEPARTMENT', and Monroe County, a political subdivision of the State of Florida, hereinafter referred to as the 'COUNTY'. RECITALS: WHEREAS, the DEPARTMENT has jurisdiction over and maintains the State Road 51 Old Seven-Mile Bridge (hereinafter the 'BRIDGE') from the City of Marathon to Pigeon Key in Monroe County; and WHEREAS, the DEPARTMNENT has deemed the BRIDGE structurally unsafe for pedestrian and vehicular traffic and will close it for upcoming BRIDGE rehabilitation improvements; and WHEREAS, upon BRIDGE closure, access to Pigeon Key will be restricted to water- based methods of transportation; and WHEREAS, Pigeon Key is presently occupied by the Pigeon Key Foundation, a non- profit organization devoted to marine education and historic interpretation of the Florida Keys' heritage; and WHEREAS, in order to maintain traffic between the City of Marathon and Pigeon Key to permit the Pigeon Key Foundation to continue its educational and historic functions without unreasonable interruption throughout BRIDGE rehabilitation, the DEPARTMENT and the COUNTY have agreed to provide temporary ferry services for the waterborne transport of passengers and goods, hereinafter referred to as the 'PROJECT', the individual elements of which are outlined in the attached Exhibit "A", 'Scope of Services', which is herein incorporated by reference; and WHEREAS, the DEPARTMENT has programmed funding for the PROJECT under Financial Project Number 414545-1-58-01, and has agreed to reimburse the COUNTY for eligible PROJECT costs up to a maximum limiting amount, as outlined in the attached Exhibit "B", 'Financial Summary', which is herein incorporated by reference; and Page 1 of I3 Jomt Participalion Agreement betv,een the Florida Department o.fTransportalion and Afonroe Count)'. FmancIGI Project },,'umber 414545-1-58-01 WHEREAS, the COUNTY has agreed to administer, supervise and inspect all aspects of the PROJECT; and WHEREAS, the parties hereto mutually recognize the need for entering into an Agreement designating and setting forth the responsibilities of each party; and WHEREAS, the parties are authorized to enter into this Agreement pursuant to Section 339.08(e) and 339.12, Florida Statutes; NOW, THEREFORE, in consideration of the premises, the mutual covenants and other valuable considerations contained herein, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: I. INCORPORATION OF RECITALS The foregoing recitals are true and correct and are incorporated into the body of this Agreement, as if fully set forth herein. 2. GENERAL REQUIREMENTS a. The COUNTY shall submit this Agreement to its County Commission for ratification or approval by resolution. A copy of said resolution is attached hereto as Exhibit "C", 'Resolution', and is herein incorporated by reference. b. The COUNTY shall advertise for bid, let the contract, administer, supervise and inspect all aspects of the PROJECT until completion, and, as further defined in Exhibit "A", 'Scope of Services'. The COUNTY shall complete the PROJECT on or before June 30, 2011. All aspects of the PROJECT must be performed in compliance with all governing laws and ordinances and are subject to oversight and inspection by the DEPARTMENT, at its sole discretion. c. The DEPARTMENT shall reimburse the COUNTY for eligible PROJECT costs as defined in Exhibit "B", 'Financial Summary', and in accordance with the financial provisions in Section 3 of this Agreement. d. The reimbursement of PROJECT costs is contingent upon the COUNTY maintaining public access to Pigeon Key's Historic District throughout BRIDGE rehabilitation. Pigeon Key's Historic District is described in the National Register of Historic Places nomination form (dated 1990) as follows: "Lot 1 of Section 13 of Township 66, south of Range 31 East, containing 5 3 I/100 Acres as recorded in OR IS, page 374. Actual acreage will vary as mean high water mark is re-evaluated every twenty years." Page 2 of 13 Jomt ParticipatIOn Agreement between the Florida Department o(Transportation and Afonroe County. Fmanclal pro.;ect Xumber 414545-1 -58-01 3. FINANCIAL PROVISIONS a. Eligible PROJECT costs may not exceed SEVEN HUNDRED FIFTY THOUSAND DOLLARS ($750,000.00), as outlined in Exhibit "B", 'Financial Summary'. If additional funding is required, contingent upon DEPARTMENT approval, a supplemental agreement between the DEPARTMENT and the COUNTY authorizing the additional funding shall be executed prior to such costs being incurred. b. The DEPARTMENT agrees to pay the COUNTY for the herein described services at a compensation as detailed in this Agreement. c. Payment shall be made only after receipt and approval of goods and services unless advance payments are authorized by the State Comptroller under Section 215.422(14), Florida Statutes, or by the Department's Comptroller under Section 334.044(29), Florida Statutes. d. Bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof e. Bills for travel expenses specifically authorized in this Agreement shall be submitted on the DEPARTMENT's Travel Form No. 300-000-01, and will be paid in accordance with Section 112.061, Florida Statutes. f Records of costs incurred under the terms of this Agreement shall be maintained and made available upon request to the DEPARTMENT at all times during the period of this Agreement and for three years after final payment is made. Copies of these documents and records shall be furnished to the DEPARTMENT upon request. Records of costs incurred includes the COUNTY's general accounting records and the project records, together with supporting documents and records, of the contractor and all subcontractors performing work on the project, and all other records of the contractor and subcontractors considered necessary by the DEPARTMENT for a proper audit of costs. g. Nothing in this Agreement shall be construed to violate the provisions of Section 339.135 (6) (a), Florida Statutes, which provides as follows: The DEPARTMENT, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The DEPARTMENT shall require a statement from the Comptroller of the DEPARTMENT that such funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods Page 3 of 13 Joint PartiCipation Agreement between the Flonda Department olTramportation and Afonroe County. Financial Project Xumber 414545-1-58-0 J exceeding one year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts of the DEPARTMENT which are for an amount in excess of TWENTY FIVE THOUSAND DOLLARS ($25,000.00) and which have a term for a period of more than one year. h. The DEPARTMENT's obligation to pay IS contingent upon an annual appropriation by the Florida Legislature. 4. INDEMNIFICATION To the extent permitted by Section 768.28, Florida Statutes, the parties agree to indemnify each other for liability due to any act or omission, neglect or wrongdoing of a party or any of its officers, agents or employees. Further, the parties agree to defend each other against any and all such claims or demands which may be claimed and have arisen as a result of or in connection with the parties' participation in this Agreement. Nothing contained herein shall be construed to contradict the provisions of Section 768.28, Florida Statutes, nor shall this Section be construed to require either party to indemnify the other for the negligent acts of the other. 5. GOVERNlNGLAW This Agreement shall be governed and construed in accordance with the laws of the State of Florida. 6. AMENDMENT This Agreement may be amended by mutual agreement of the DEPARTMENT and the COUNTY expressed in writing, executed and delivered by each party. 7. INVALIDITY If any part of this Agreement shall be determined to be invalid or unenforceable, the remainder of this Agreement shall not be affected thereby, if such remainder continues to conform to the terms and requirements of applicable law. 8. COMMUNICATIONS a. All notices, requests, demands, consents, approvals and other communications which are required to be served or given hereunder, shall be in writing and hand-delivered or sent by either registered or certified U.S. mail, return receipt requested, postage prepaid, addressed to the party to receive such notices as follows: To DEPARTMENT: Florida Department of Transportation Page 4 of 13 Jomt Participation Agreement between the Florida Department o(Transportation andAfonroe County. FinancIGI Project Number 414545-1-58-01 1000 Northwest 111 Avenue, Rm. 6111-A Miami, Florida 33172-5800 Attn: Vilma Croft, P.E., FDOT Project Mgr. Ph: (305) 470-5240; Fax: (305) 470-5205 To COUNTY: Monroe County 1100 Simonton Street Key West, Florida 33040 Attn: Judy Steele, P.E., Asst County Engineer Ph: (305) 295-4329; Fax: (305) 295-4321 b. Either party may, by notice given as aforesaid, change its address for all subsequent notices. Notices given in compliance with this section shall be deemed given when placed in the mail. 9. EXPIRATION OF AGREEMENT The COUNTY agrees to complete the PROJECT on or before June 30, 2011. If the COUNTY does not complete the PROJECT within this time period, this Agreement will expire unless an extension of the time period is requested by the COUNTY and granted in writing by the DEPARTMENT's District Six Secretary or Designee. Expiration of this Agreement will be considered termination of the PROJECT. 10. INVOICING The COUNTY shall submit montWy reimbursement invoices to the DEPARTMENT for review, approval and processing. The COUNTY must submit the final invoice on this PROJECT to the DEPARTMENT no later than 120 days after the expiration of this Agreement (October 28, 2011). Invoices submitted after October 28,2011, will not be paid. 11. AUDITS State of Florida Single Audit Act requirements as outlined in the attached Exhibit "D", 'Audit Reports', are incorporated herein by reference. 12. ENTIRE AGREEMENT This Joint Participation Agreement is the entire Agreement between the parties hereto, and it may be modified or amended only by mutual consent of the parties in writing. -- REMAINDER OF PAGE INTENTIONALLY LEFT BLANK -- Page 5 of 13 Joint ParticipatIOn Agreement between the Florida Department o(Transportation and Monroe County, FinanCial Pr(jlect Sumber 414545-1-58-01 IN WITNESS WHEREOF, the parties hereto have executed this Agreement, on the day and year above written. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION: BY: MAYOR MARIO DI GENNARO BY: DISTRICT SECRETARY (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK BY: DEPUTY CLERK (SEAL) ATTEST: EXECUTIVE SECRETARY LEGAL REVIEW: COUNTY ATTORNEY DISTRICT GENERAL COUNSEL MONROE COUNTY ATTORNEY r::~~~ 1 ~flRM YCYNTHIA L. ALL ASSISTANT COUNTY ATTORNEY Date 0 & - 0 4 - O:r Page 6 of 13 Joint Participation Agreement between the Florida Department a/Transportation and Monroe Count)', Financial Project .1\'umber 4J.1545-1-58-01 EXHmIT "A" SCOPE OF SERVICES To provide temporary ferry services between the City of Marathon and Pigeon Key while the Old Seven-Mile Bridge (SR 5) is closed for rehabilitation improvements. The COUNTY will let, administer, supervise and inspect all aspects of the PROJECT. The attached detailed 'Scope of Services' from the COUNTY's PROJECT Request for Proposals dated May 31, 2007, is incorporated herein by reference. PROJECT Limits: SR 5/ Old Seven-Mile Bridge from the City of Marathon to Pigeon Key FDOT Financial Proj~ct Number: 414545-1-58-01 County: Monroe FDOT Project Mana3er: Vilma Croft, P.E. COUNTY Project M~nager: Judy Steele, P.E. Page 7 of 13 Joint Participation Agreement between the Florida Department of Trans pOri at IOn and"\fonroe County. Financial Project ;\'umber 414545-1-58-01 MONROE COUNTY REQUEST FOR PROPOSALS Temporary Ferry Service between Marathon and Pigeon Key MONROE COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS Mayor Mario DiGennaro, District 4 Mayor Pro Tem Dixie Spehar, District 1 Commissioner George Neugent, District 2 Commissioner Charles "Sonny" McCoy, District 3 Commissioner Sylvia Murphy, District 5 COUNTY ADMINISTRATOR Thomas J. Willi DIRECTOR OF OMB Salvatore Zappulla CLERK OF THE CIRCUIT COURT Danny L. Kolhage May 31,2007 RFP For Temporary Ferry Service Between the City of Marathon and Pigeon Key TABLE OF CONTENTS Proposal Section Pa2:e Section One - Instruction to Respondents Section Two - Scope of Services Section Three - Sample Contract Section Four - Response Fonus 3 12 ]8 27 2 RFP For Temporary Ferry Service Between the City of Marathon and Pigeon Key SECTION ONE INSTRUCTION TO RESPONDENTS 1.01 DESCRIPTION The easternmost portion of the historic Old Seven-Mile Bridge is the primary means of access between the City of Marathon, Florida and Pigeon Key. The physical condition of the Old Seven-Mile Bridge has deteriorated and the Florida Department of Transportation (FOOT) anticipates closing the bridge by mid 2007. Rehabilitation of the bridge is not expected to begin before 2009. Pigeon Key Foundation ("Foundation") occupies Pigeon Key. The Foundation is a non-profit organization devoted to marine education and historic interpretation of the Key's heritage. Monroe County Board of County Commissioners ("County") and the Foundation consider these activities as well as other fund raising activities (tourism, festivals, weddings, proms) held at Pigeon Key to be an important means of providing resources for the operation, maintenance, preservation and restoration of the Key's historic structures and other facilities. The County is requesting proposals from qualified respondents to provide temporary ferry service between the City of Marathon and Pigeon Key for passengers and freight so that activities at Pigeon Key may continue without unreasonable interruption until the Old Seven- Mile Bridge connection is restored. 1.02 COPIES OF RFP DOCUMENTS Only complete sets of Request for Proposal ("RFP") Documents will be issued and shall be used in preparing responses. The County does not assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets. Complete sets of RFP Documents may be obtained in the manner and at the location stated in the Notice of Request for Proposals. 1.03 STATEMENT OF PROPOSAL REQUIREMENTS See Notice of Request for Proposals. 1.04 DISQUALIFICA TION OF RESPONDENTS A. One Proposal: Only one proposal from an individual, finn, partnership or corporation under the same or under different names will be considered. In the event evidence is discovered which indicates a Respondent has interest in more than one proposal for the work involved, all proposals in which such a Respondent is interested may be rejected. B. NON-COLLUSION AFFIDAVIT: Any person submitting a bid or proposal in response to this invitation must execute the enclosed NON-COLLUSION AFFIDAVIT. If it is discovered that collusion exists among the Respondents, the bid or proposals of all 3 RFP For Temporary Ferry Service Between the City of Marathon and Pigeon Key participants is such collusion shall be rejected, and no participants in such collusion will be considered in future bids for the same work. C. PUBLIC ENTITY CRIME: 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 or proposal 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 or perfonn 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 CA TEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. Category Two: $25,000.00 D. DRUG-FREE WORKPLACE FORM: Any person submitting a bid or proposal in response to this invitation must execute the enclosed DRUG-FREE WORKPLACE FORM and submit it with his bid or proposal. Failure to complete this form in every detail and submit it with your bid or proposal may result in immediate disqualification of your bid or proposal. E. LOBBYING AND CONFLICT OF INTEREST CLAUSE: Any person submitting a proposal or Bid in response to this invitation must execute the enclosed LOBBYING AND CONFLICT OF INTEREST CLAUSE and submit it with his proposal or Bid. Failure to complete this fonn in every detail and submit it with the proposal or Bid may result in immediate disqualification of the proposal or Bid. 1.05 EXAMINATION OF RFP DOCUMENTS Each Respondent shall carefully examine the RFP documents, and infonn himself thoroughly regarding any and all conditions and requirements that may in any manner affect cost, progress, or perfonnance of the work to be perfonned under the contract. Ignorance on the part of the Respondent will in no way relieve him of the obligations and responsibilities assumed under the contract. Should a Respondent find discrepancies or ambiguities in, or omissions from, the specifications, or should he be in doubt as to their meaning, he shall at once notify the County. 1.06 INTERPRET A TIONS, CLARIFICATIONS, AND ADDENDA No oral interpretations will be made to any Respondent as to the meaning of the contract documents. Any inquiry or request for interpretation received in writing seven (7) or more days prior to the date fixed for opening of bids will be given consideration. All such answers, changes or interpretations will be made in writing in the fonn of an addendum and, if issued, will be mailed or sent by available means to all known prospective Respondents prior to the established bid opening date. Each Respondent shall acknowledge receipt of such addenda in the space provided therefore in the bid fonn. In case any Respondent fails to acknowledge receipt of such addenda or addendum, his bid will nevertheless be construed as though it had been received and acknowledged and the submission of his bid will constitute acknowledgment of the receipt of same. All addenda are a part of the contract documents and each Respondent will be bound by 4 RFP For Temporary Ferry Sef\ice Between the City of Marathon and Pigeon Key such addenda, whether or not received by him. It is the responsibility of each Respondent to verify that he has received all addenda issued before bids are opened. 1.07 GOVERNING LAWS AND REGULATIONS The Respondent is required to be familiar with and shall be responsible for complying with all federal, state, and local laws, ordinances, rules, and regulations that in any manner affect the work. The Respondent shall include in his bid prices all sales, consumer, use, and other taxes required to be paid in accordance with the law of the State of Florida and the County of Monroe. Monroe County BOCC is tax exempt from all local, state, and federal sales taxes. 1.08 PREPARATION OF RESPONSES Signature of the Respondent: The Respondent must sign the Proposal fonns in the space provided for the signature. If the Respondent is an individual, the words "doing business as ", or "Sole Proprietor" must appear beneath such signature. In the case of a partnership, the signature of at least one of the partners must follow the finn name and the words "Member of the Firm" should be written beneath such signature. If the Respondent is a corporation, the title of the officer signing the proposal on behalf of the corporation must be stated along with the Corporation Seal Stamp and evidence of his authority to sign the proposal must be submitted. The Respondent shall state in the proposal the name and address of each person interested therein. Basis for Bidding: The price bid for each item shall be according to the proposal form. The bid prices shall remain unchanged for the duration of the contract and no claims for cost escalation during the progress of the work will be considered. 1.09 SUBMISSION OF RESPONSES Two (2) signed originals and six (6) copies of the proposal shall be submitted. The proposal shall be submitted in a sealed envelope, clearly marked on the outside with the Respondent's name and "Proposal Statement - Temporary Ferry Service between the City of Marathon and Pigeon Key". The envelope must be addressed to Monroe County Purchasing Department, 1100 Simonton Street, Room 1-213, Key West, Florida 33040, and must be received on or before 3:00 P.M local time on July 3, 2007. If sent by mail or by courier, the above-mentioned envelope shall be enclosed in another envelope addressed to the entity and address stated in the Notice of Request for Proposals. Faxed or emailed proposals shall be automatically rejected. Responses will be received until the date and hour stated in the Notice of Request for Proposals. Each Respondent shall submit with his proposal the required evidence of his qualifications and expenence. 1.10 CONTENT OF SUBMISSION Proposals shall be organized as indicated below. The Respondent should not withhold any infonnation from the written response in anticipation of presenting the infonnation orally or in a demonstration. Each Respondent must submit adequate documentation to certifY the 5 RFP For TemporalV' Ferry Service Between the City of Marathon and Pigeon Key Respondent's compliance with the County's requirements. Respondent should focus specifically on the infonnation requested. The following infonnation, at a minimum, shall be included: l. Cover Page A cover page that states "PROPOSAL STATEMENT - TEMPORARY FERRY SERVICE BETWEEN THE CITY OF MARATHON AND PIGEON KEY". The cover page should contain the Respondent's name, address, telephone number, and the name of the Respondent's contact person. 2. Relevant Experience The Respondent shall provide a project history of the firm that demonstrates its experience perfonning marine passenger and goods transportation services similar to those described in this RFP. The project history should include descriptions of historical or current services provided, dates and location of services, and ridership numbers on all services cited. a) Describe current and past relevant experience including the number of years the entity has been operating and, if different, the number of years it has been providing the services called for in this RFP; b) The Respondent shall provide a list of past clients that includes the following infomlation: Name and full address Name and telephone number of client contact Date of initiation and completion of contract Summary of the services and area served. c) Credit references. Include sufficient financial infonnation such as audited financial statements for the County to determine that the Respondent has the financial capability to provide the services. 3. Services to be Provided A. Description of Services to Be Provided Include a description of all services to be provided, in accordance with the service requirements detailed in Section Two of this RFP. The Respondent must include an operating plan that documents, in addition to other requirements, the Respondent's ability to safely and reliably operate the required services and containing the following: Vessels: Description of vessel types, seating capacity, number of vessels, vessel speeds, description of passenger amenities on vessels, and vessel specifications demonstrating a capacity to dock at existing landing facilities at Pigeon Key and proposed landing facilities within the City of Marathon. Include an explanation of whether required vessels are currently in the Respondent's possession, their current use. or how they will be acquired. Provide proof that all vessels meet all United States 6 RFP For Temporary Ferry Service Between the City of Marathon and Pigeon Key Coast Guard and other permitting requirements. Proposed Landing Facility: Identify the location of the proposed landing facility and the travel time to Pigeon Key. If any modifications to landing facilities would be required, they should be explained in detail. Any modifications would be subject to the County's approval and would be the responsibility of the Respondent. All costs shall be included in this proposal. Service Schedules: Provide schedules for ferry services, demonstrating a commitment to meet service requirements stated in Section Two. Staffing Commitment: Provide number of staff to be committed to providing each service, staff hours, level of experience, and assignments of each staff member. Service Disruption Contingency Plan: Explain how service will be provided in the event of service disruptions, equipment failures, or breakdowns. Passenger Service Plan: Describe capabilities to handle customer relations and complaints, marketing of services, and printing notices announcing service and schedule changes for public distribution. B. Timeframe for Implementing Services Provide a detailed schedule for implementing all services by required Revenue Operations Date (ROD), including acquisition of all vessels, equipment, personnel and training as required. 4. Costs and Revenue Responses shall provide a single estimated monthly cost for the provision of all services described in this RFP. The estimated monthly cost should include all costs necessary to provide all services, including, but not limited to, all vessels, vehicles, operations, supplies, equipment, staffing, insurance, administrative costs and profit. The fee should also include the cost of any required modifications to landing facilities and other start up costs. Respondents shall identify revenue sources to fund the monthly cost identified above. Revenue sources include the funding provided by the Florida Department of Transportation (FOOT) and user fees. User fees shall not apply to educational groups and Foundation staff. The Respondent shall show the revenue in a monthly amount. An example cost/revenue worksheet is attached (pg. 28 of this RFP). 5. Litigation Answer the following questions regarding claims and suits: a). Has the Respondent ever failed to complete work or provide the goods for which it has contracted? (If yes, provide details.) 7 RFP For Temporary Ferry Service Between the City of Marathon and Pigeon Key b). Are there any judgments, claims, arbitration proceeding or suits pending or outstanding against the Respondent, or its officers or general partners? (If yes, provide details.) c). Has the Respondent, within the last five (5) years, been a party to any lawsuit or arbitration with regard to a contract for services similar to those requested in the RFP? (If yes, the Respondent shall provide a history of any past or pending claims and litigation in which the Respondent is involved as a result of the provision of the same or similar services which are requested or described herein.) d). Has the Respondent ever initiated litigation against the County or been sued by the County in connection with a contract to provide services? (If yes, provide details.) 6. County Forms and Licenses - Respondent shall complete and execute the following forms: Form Submission Response Fonn (Including Acknowledgment of Bid Addenda) Lobbying and Conflict of Interest Clause Non-Collusion Affidavit Drug Free Workplace Form Bidder's Insurance Statement Insurance Agent's Statement Pa!!e 27 29 30 31 32 33 Respondent should include copies of all professional licenses, Monroe County Occupational License, evidence of Respondent's qualifications to do business in Monroe County, and any other applicable State, County and/or Local licenses. 1.11 WITHDRAWAL OF BID Any proposal may be withdrawn prior to the time scheduled in the Notice of Request for Proposals for the opening thereof. All other proposals received must remain valid for a period of ninety (90) days. 1.12 MODIFICATION OF PROPOSALS Written proposal modification will be accepted from Respondents if addressed to the entity and address indicated in the Notice of Request for Proposals and received prior to response due date and time. The modification shall be submitted in a sealed envelope clearly marked on the outside, with the Respondent's name and "Modification to Proposal Statement - Temporary Ferry Service between the City of Marathon and Pigeon Key". If sent by mail or by courier, the above-mentioned envelope shall be enclosed in another envelope addressed to the entity and address stated in the Notice of Request for Proposals. Faxed or emailed modifications will be automatically rejected. 1.13 RECEIPT AND OPENING OF PROPOSALS Proposals will be received until the designated time and will be publicly opened and read aloud at the appointed time and place stated in the Notice of Request for Proposals. Monroe County's 8 RFP For Temporary Feny Service Between the City of Marathon and Pi,geon Key representative authorized to open the proposals will decide when the specified time has arrived and no proposals received thereafter will be considered. No responsibility will be attached to anyone for the premature opening of a proposal not properly addressed and identified. Respondents or their authorized agents are invited to be present. 1.14 A WARD OF CONTRACT The County reserves the right to reject any or all proposals, or any part of any proposals, to waive any infomlality in any proposal, or to re-advertise for all or part of the work contemplated. Ifproposals are found to be acceptable by the County, written notice will be given to the selected Respondent of the acceptance of his proposal and of the award of the contract to him. If the award of the contract is annulled, the County may award the contract to another Respondent or the work may be re-advertised or may be perfonned by other qualified personnel as the County decides. The contract will be awarded to the Respondent whose proposal and qualifications are deemed to provide the best services, based on qualifications and monetary benefit to the County, and other aspects of the operations related to service to the public. The County also reserves the right to reject the bid of a Respondent who has previously failed to perfonn properly or to complete contracts of a similar nature on time. All proposals, including the recommendation of the County Administrator and the requesting Department Head, will be presented to the Board of County Commissioners of Monroe County, Florida, for final awarding or otherwise. 1.15 EXECUTION OF CONTRACT The Respondent to whom a contract is awarded will be required to negotiate specific details of a contract incorporating the items in the proposal which are the basis for the award of contract. The Respondent shall retum to the County four (4) executed counterparts of the prescribed contract together with the required certificates of insurance. A sample contract is provided herein, but is expected to be modified to correspond to the elements of the selected proposal. 1.16 CERTIFICATE OF INSURANCE The Respondent shall be responsible for all necessary insurance coverage as indicated below. Certificate of Insurance must be provided to Monroe County within fifteen days after award of contract, with Monroe County BOCC, The State of Florida and the Florida Department of Transportation listed as additional insureds on all coverages except Workers Compensation. If the proper insurance fonns are not received within the fifteen day period, the contract may be awarded to the next selected Respondent. Policies shall be written by companies licensed to do business in the State of Florida and having an agent for service of process in the State of Florida. Companies shall have an AM Best rating of VI or better. Worker's Compensation Employers' Liability Insurance Statutory Limits $1,000,000 Accident 9 RFP For Temporary Ferry Service Between the City of Marathon and Pigeon Key $1,000,000 Disease, policy limits $1,000,000 Disease, each employee Jones Act Coverage $1,000,000 per OCCUlTence Vehicle Liability (Owned, non-owned and hired vehicles) $1,000,000 per occun'ence $1,000,000 combined single limit General Liability, including Premises/Operations Products and Completed Operations Blanket Contractual Liability Personal Injury Liability Expanded Definition of Property Damage Employee Dishonesty Coverage (Required only if the respondent collects a fee on behalf of the County and is obligated to pass these funds on to the County) $1,000,000 combined single limit $10,000 per Occurrence Garage Keepers Legal Liability (required only if respondent provides valet parking service as part of activities.) $1,000,000 Combined Single Limit Water Craft Liability $1,000,000 times maximum passenger rating (50 passengers - $50,000,000 limit) Pollution Liability Insurance 1.17 INDEMNIFICATION $1,000,000 per occurrence $2,000,000 aggregate The Respondent to whom a contract is awarded shall defend, indemnify and hold hannless the County, the State of Florida and the Florida Department of Transportation as outlined below. The Contractor covenants and agrees to indemnify, hold harmless and defend Monroe County, its commissioners, officers, employees, agents and servants, the State of Florida and the Florida Department of Transportation from any and all claims for bodily injury, including death, personal injury, and property damage, including damage to property owned by Monroe County, the State of Florida and the Florida Department of Transportation and any other losses, damages, and expenses of any kind, including attorney's fees, court costs and expenses, 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 or omission of the Contractor, its Subcontractor( s) in any tier, their officers, employees, servants or agents. In the event that 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 10 RFP For Temporary Ferry Service Between the City of Marathon and Pigeon Key such delay. Should any claims be asserted against the County by virtue of any deficiency or ambiguity in the plans and specifications provided by the Contractor, the Contractor agrees and warrants that Contractor shall hold the County harmless and shall indemnify it from all losses occurring thereby and shall further defend any claim or action on the County's behalf. The first ten dollars ($10.00) of remuneration paid to the Contractor is consideration 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. This indemnification shall survive the expiration or earlier tennination of the contract. II RFP For Temporary Ferry Service Between the City of Marathon and Pigeon Key SECTION T\VO SCOPE OF SERVICES A summary of key dates associated with this RFP are as follows: June 1,2007 ..............Release of Request for Proposals July 3, 2007 ...............Proposals Due July 18, 2007..............Notice of Award July 23, 2007 .............Notice to Proceed August I, 2007 ........ Start of Revenue Operations (ROD) 2.01 SERVICE TIME FRAME The required start date for revenue operations service is August 1,2007. Service provided shall be for an initial period extending to June 30, 2008, and thenceforth renewing for up to four six- month periods at the County's sole option. At the end of the initial period and each subsequent renewal period, and upon 30 days notice to the Respondent, the County may tenninate this service without penalty. 2.02 SERVICE REQUIREMENTS A. Ferry Service Requirements The successful respondent shall enter into an agreement with the County to provide ferry service as well as manage and maintain landside facilities necessary to operate the service. The service shall consist of two components, passenger transport and goods transport, as described below. The Respondent shall be responsible for providing all staffing, vessels, and associated equipment and services necessary to operate the service. 1. Passenger Transport The Respondent shall provide for the safe, reliable and comfortable transport of passengers between proposed landing facilities within the City of Marathon, to be identified by the Respondent, and on Pigeon Key consistent with the functional requirements described within this section. Base service will be provided daily between the hours of lOAM and 4 PM at headways no greater than 90 minutes supplying a functional capacity of 22 passengers per 90 minute interval in each direction (plus two additional round trips operated within 90 minutes before and after the hours of lOAM and 4 PM for staff access, as noted below). Other passenger service will be provided in accordance with the functional requirements of this section. Respondents are encouraged to propose a base service, supplemented by a minimal number of on-demand trips that would consolidate ferry trips in a cost-effective manner and shall not, in the sole opinion of the County, unreasonably disrupt Foundation operations. a. Educational Groups The Foundation provides educational programs year-round on a prearranged basis. There are typically 85 educational groups per year, ranging in size from 15 to 70 persons per group. Access to Pigeon Key for educational groups is presently provided by two vans operated as needed and a tram-service operated on a fixed schedule by Foundation staff. At present, many groups are school groups that arrive and depart 12 RFP For Temporary Ferry Service Between the City of Marathon and Pigeon Key during the school day, while others may arrive and depart outside of school hours (including weekends) and may stay overnight on Pigeon Key. Contractor will move the entire educational group at one time using several vessels if required. Educational groups will not be charged a user fee for ferry service. b. Historic Tours The Foundation provides historic tours for the general public every day of the year. There are on average 16 persons daily on historic tours with a recorded high of 50 persons on one day. Contractor will provide service to Pigeon Key on a 90 minute fixed schedule between lOam and 4 pm daily. c. Arts Festival The Foundation hosts an annual three-day Arts Festival. The volume of persons traveling to Pigeon Key for historic tours and other functions typically increases during the Festival up to 2,000 daily trips. Scheduled ferry service shall be provided during the Arts Festival with sufficient capacity such that the maximum wait for any individual will be 30 minutes prior to boarding. Methods for regulating traffic and managing crowd control during the Arts Festival, such as timed boarding passes, shall be addressed specifically in the Respondent's operating plan. d. Contracted Functions The Foundation contracts for weddings, proms, retreats and other group use of Pigeon Key facilities on a prearranged basis throughout the year. Retreat groups typically involve 15 to 70 persons. Wedding and proms typically involve 50 to 200 persons. Retreat groups stay overnight on Pigeon Key. Contracted functions may involve transport of equipment (tents, tables, chairs) the day before or the day of the function (caterers), and return on the day after, as well as guest transport the day of the function. The contractor will be able to transport up to 200 people within a 90 minute timeframe using several vessels if required. A minimum of 30 calendar days advance notice will be provided for contracted functions. e. Guest House Use The Foundation provides overnight use of the Guest House on Pigeon Key on a prearranged basis throughout the year. The Guest House is typically occupied 250 nights a year by groups of up to eight persons. Every effort should be made to accommodate these trips within the base service in a manner that shall not, in the sole opinion of the County, unreasonably disrupt Foundation operations. f. Foundation Staff Staff presently arrive and depart Pigeon Key on irregular schedules. Up to five staff members remain in residence on Pigeon Key. Staff access will be accommodated within the base service in a manner that shall not, in the sole opinion of the County, unreasonably disrupt Foundation operations. The contractor will operate two additional round trips operated within 90 minutes before and after the hours of lOam and 4 pm for staff access. Foundation staff will not be charged a user fee for ferry servIce. 13 RFP For Temporary Ferry Service Between the City of Marathon and Pigeon Key g. Emergency Access The Respondent will indicate the timeframe in which it can respond to unscheduled, on-demand service for evacuation of up to six persons from Pigeon Key to Marathon whenever people are occupying Pigeon Key. 2. Goods Transport The Respondent shall provide all labor and equipment necessary for the safe, reliable and environmentally secure transport, loading and off-loading of goods between proposed landing facilities in the City of Marathon, to be identified by the Respondent, and the existing landing facilities at Pigeon Key consistent with the functional requirements described within this section. Prospective Respondents will provide for goods movements using the scheduled base service, supplemented by a minimal number of additional trips that would consolidate ferry trips in a cost-effective manner that shall not, in the sole opinion of the County, unreasonably disrupt Foundation operations. a. Consumables Foundation operations require regular delivery of diesel and propane fuel, food, and other consumables to Pigeon Key and the removal of trash, garbage and other rubbish to Marathon on a regular basis. Diesel fuel is presently conveyed to Pigeon Key in 250-gallon increments by pick-up truck as often as three days per week when groups are in residence and no less than twice weekly. The diesel tank located on Pigeon Key is a 500 gallon tank. The Respondent will be responsible for transporting the diesel fuel to Pigeon Key and providing all labor and equipment to offload the fuel from the ferry to the 500 gallon tank. Fuel transport and offloading must be perfonned in compliance with all local, state and federal laws. Propane is currently delivered once a week in tanks that are off-loaded from a pick up truck. The volume of food delivery varies in proportion to the number of persons/groups occupying Pigeon Key and deliveries are typically required every other day. Pigeon Key Foundation will reimburse the contractor for the cost of diesel fuel and propane, at the actual cost with no mark up. Contractor's monthly cost estimate should include cost for transporting and offloading fuel only. The volume of trash, garbage and other rubbish likewise varies in proportion to the number of persons/groups occupying Pigeon Key and may be required by demand to be removed as often as daily. but no less than weekly. The contractor must provide garbage dumpsters at the Marathon landing facilities. The cost for garbage pick up by a refuse hauler at landside facility will be paid by Pigeon Key and should not be included in monthly ferry costs. Fuel, trash, garbage and rubbish may not be transported on the same ferry trip as passengers. If the Respondent intends to transport fuel, trash, garbage and rubbish on the same vessel used for passengers when passengers are not present, proposed 14 RFP For Temporary Ferry Service Between the City of Marathon and Pigeon Key methods for effective vennin control and cleaning prior to reuse of the vessel by passengers shall be specifically addressed in the Respondent's operating plan. b. Other Material The Foundation requires delivery of other materials as needed to support operational, maintenance and facility restoration activities. Special delivery requirements associated with the Arts Festival and contracted functions also require delivery of tents, tables, chairs and other similar material and catering supplies on the prior to events and the removal of the same the day after the event. These requirements will be identified to the Respondent by the Foundation no less than 30 days prior to the event. Requests by the Foundation for the transport of other material shall be accommodated by the Respondent in a manner that shall not, in the sole opinion of the County, unreasonably disrupt Foundation operations. c. Special Equipment The Respondent will provide for transport of bobcats and backhoes (1,700 lbs) to repair island facilities during post-hurricane event periods. B. Vessel Requirements Vessels to be used by the Respondent shall be compatible with the proposed landing facilities in the City of Marathon, which will be identified by the Respondent, and existing facilities on Pigeon Key. If the Respondent chooses to suggest modifications to any landing facilities, those modifications should be explained in detail in the proposal and all associated costs should be included in the cost proposal. Any vessel to be used in passenger and/or goods transport must carry a valid Guard Certificate of Inspection from the United States Coast Guard and comply with all safety and accessibility laws, regulations, and requirements pertaining to the transport of passengers and goods, as applicable to the intended use of each vessel in the Respondent's operating plan. Vessels must be equipped to safely and efficiently operate year round in the navigational and weather environment of the Florida Keys, including, but not limited to, dense fog, high wind, squalls, heavy rain, sea state and heavy vessel traffic conditions. The Respondent must, at all times, utilize vessels that offer clean, neatly furnished and heated inside accommodations with clean restroom facilities, good lighting, waste receptacles, and an audible public address system. C. Docking and Operations Requirements The County will provide for access and use to existing landing facilities on Pigeon Key to be used by the Respondent. Respondent will identify landing facilities within the City of Marathon that will be used. If additional landing facilities or modifications to existing landing facilities are deemed necessary by the Respondent to operate the services, they shall be provided by the Respondent and should be included in its proposal. All associated costs should be included in the Respondent's cost proposal. All modifications to landing facilities will be subject to approval by the County. Proposed landing facilities must have parking for a minimum of 15 vehicles to accommodate daily island visitors. Respondents must also identify proposed parking for large ] 5 RIP For Temporary Ferry Service Between the City of Marathon and Pigeon Key events such as the Arts Festival. 2.03 OPERA TIONAL REQUIREMENTS The Respondent's ferry operation is subject to all regular operating pennits and license requirements of the United States Department of Transportation and Coast Guard, as well as the Florida Department of Transportation, including any associated fees. The Respondent is required to prepare and follow an operational plan approved by the County. The vessels and associated equipment to be used in this service, as well as the operational plan, shall be subject to approval by the County. At a minimum, this plan shall address docking, vessel operations, passenger and/or goods boarding and discharge plan, emergency procedures, and a projection for the length of the contract of the Respondent's capability to maintain the vessels and the crew in a satisfactory passenger transportation operational condition. The Respondent shall maintain zero-tolerance policy for drug and alcohol abuse for all employees directly involved in the provision of services under this agreement. The Respondent will provide a program of random drug and alcohol testing for the duration of this agreement consistent with the requirements of the Federal Transit Administration. 2.04 PERFORMANCE MEASURES The Respondent's operating plan shall define a combination of proposed scheduled and unscheduled trips anticipated to be operated in a typical week for the maintenance of traffic. A trip transporting passenger(s) may be considered a minor violation of on-time performance if it either: a) arrives at or departs from Pigeon Key more than 5 minutes late but less than 10 minutes late; or b) arrives at or departs from Marathon more than 5 minutes late but less than 10 minutes late. All other trips may be considered a minor violation of on-time perfonnance if it either a) arrives at or departs from Pigeon Key more than 15 minutes late but less than 30 minutes late; or b) arrives at or departs from Marathon more than 15 minutes late but less than 30 minutes late. Each trip may be considered a major violation of on-time perfonnance if its arrival or departure is in excess of these times up to one hour. Each trip arriving at its destination more than one hour late may be considered a single incident of a missed trip. The Respondent shall provide for the payment of liquidated damages for each instance of violation of on-time perfonnance or a missed trip identified by the County in accordance with the following schedule: . $1,000 per missed trip · $250 per instance of major lateness · $50 per instance of minor lateness · $250 per day per vessel for a violation of the passenger service standards. Violations include, but are not limited to, untidy vessels, inadequate safety appliances, an uncomfortable passenger environment, an inaudible or improperly used public address system, or discourteous crew behavior. The Respondent shall not be liable for liquidated damages for either late or missed trips in instances caused by factors strictly beyond the control of the Respondent, such as docking facility failure, schedule modifications approved by the County, heavy fog, requirements of the Vessel Traffic Service and Coast Guard, law enforcement actions, medical emergencies and 16 RFP For Temporary Ferry Service Between the City of Marathon and Pigeon Key rescue operations. In any event, every effort should be made to maintain safe on-time perfonnance. However, in no circumstances shall the failure of lack of availability of the Respondent's equipment or crews, or any other such circumstances within the Respondent's control, be an acceptable excuse for late or missed trips. 2.05 REPORTING REQUIREMENTS The Respondent shall provide detailed daily and monthly reports with accurate infonnation on the ridership, departure time, and arrival time for each trip. These reports shall identify any late or missed trips. Reports shall be submitted by fax and email in a fonnat acceptable to the County. Daily reports are due by noon the following day, and monthly reports are due by the 5th day of the following month. 2.06 SUSPENSION OF SERVICE The Respondent shall suspend all services in the event that the Foundation suspends activities on a temporary or pennanent basis. The County, at its sole discretion, will detennine which days the Foundation is or is not active. The Respondent shall be compensated only for services actually provides on days which the Foundation is active. The value of days in which service is suspended shall be calculated on a pro-rated basis from an annual accumulation of monthly fees. The Foundation, Department and County are not responsible for Respondent costs incurred or revenues lost by the interruption of service and/or suspension and restart of services. 17 RFP For Temporary Ferry Service Between the City of Marathon and Pigeon Key SECTION THREE SAMPLE CONTRACT THIS AGREEMENT, made and entered into this _ day of ,2007, A.D., by and between MONROE COUNTY, FLORIDA (hereinafter sometimes called the "County" and "County"), and (hereinafter called the "Contractor"). WITNESSED: That the parties hereto, for the consideration hereinafter set forth, mutually agree as follow: 1.0 I THE CONTRACT The contract between the County and the contractor, of which this agreement is a part, consists of the contract documents. 1.02 THE CONTRACT DOCUMENTS The contract documents consist of this agreement, the RFP, and any addenda issued hereafter, any other amendments hereto executed by the parties hereafter, together with the bid proposal and all required insurance documentation. 2.0 SCOPE OF THE WORK The Contractor shall provide feny services between the City of Marathon and Pigeon Key as specified in Exhibit A of this agreement. 3.0 THE CONTRACT SUM The County shall pay to the Contractor for the faithful perfonnance of said service on a per month in arrears basis on or before the last day of the following month in each of six (6) months. The Contractor shall provide the County with documentation to support the income earned by the Contractor from the services provided, to which shall be applied the rates set forth in Exhibit A of this agreement. 4.0 CONTRACTOR'S ACCEPTANCE OF CONDITIONS A. All contract documents 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 County than against the Contractor. B. Any ambiguity or uncertainty in the contract documents shall be interpreted and construed by the County, and his decision shall be final and binding upon all parties. C. The passing, approval, and/or acceptance by the County of any of the services furnished by the Contractor shall not operate as a waiver by the County of strict compliance with the tenns of this Contract and contract documents covering the services. Failure on the pmi of the Contractor, immediately after Notice to Correct shall entitle the County, 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 County for all damage, loss, and expense caused to the County by reason of the Contractor's breach of this 18 RFP For Temporary Ferry Service Between the City of Marathon and Pigeon Key Contract and/or his failure to comply strictly and in all things with this Contract and with the contract documents. 5.0 TERM OF CONTRACT/RENEWAL A. This contract shall be for a period of eleven (II) months, commencing tenninating , 2008. , 2007 and B. The County shall have the option to renew this agreement after the first tenn of eleven months, and each succeeding term, for four additional six-month periods. The Contract amount agreed to herein may be adjusted only by written addendum hereto executed by both parties. 6.0 HOLD HARMLESS The Contractor covenants and agrees to indemnify and hold harmless Monroe County Board of County Commissioners, the State of Florida, and the Florida Department of Transportation 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. 7.0 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. 8.0 ASSURANCE AGAINST DISCRIMINA nON County and Contractor agree that there will be no discrimination against any person, and it is expressly understood that upon a detennination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically tenninates without any further action on the pali of any party, effective the date of the court order. County or Contractor agree to 19 RFP For Temporary Ferry Service Between the City of Marathon and Pigeon Key comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: I) Title VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis ofrace, 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 Note), as maybe amended from time to time, relating to nondiscrimination on the basis of disability; 10) Monroe County Code Ch. 13, Art. VI, prohibiting discrimination on the bases of race, color, sex, religion, disability, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; and 11) any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. 9.0 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. 10.0 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 tenninate this contract immediately upon delivery of written notice of tennination to the contractor. The Contractor shall possess proper licenses to perfonn work in accordance with these specifications throughout the tenn of this contract. 20 RFP For Temporary Ferry Service Between the City of Marathon and Pigeon Key 11.0 INSURANCE Prior to execution of this agreement, the contractor shall furnish the County Certificates of Insurance indicating the following minimum coverages: Worker's Compensation Employers' Liability Insurance Statutory Limits $1,000,000 Accident $1,000,000 Disease, policy limits $1,000,000 Disease, each employee Jones Act Coverage $1,000,000 per occurrence Vehicle Liability (Owned, non-owned and hired vehicles) $1,000,000 per occurrence $ 1,000,000 combined single limit General Liability, including PremiseslOperations Products and Completed Operations Blanket Contractual Liability Personal Injury Liability Expanded Definition of Property Damage $1,000,000 combined single limit Employee Dishonesty Coverage (Required only if the respondent collects a fee on behalf of the County and is obligated to pass these funds on to the County) $10,000 per Occurrence Garage Keepers Legal Liability (required only if respondent provides valet parking service as part of activities.) $ I ,000,000 Combined Single Limit Water Craft Liability $1,000,000 times maximum passenger rating (50 passengers - $50,000,000 limit) Pollution Liability Insurance $1,000,000 per occurrence $2,000,000 aggregate 12.0 PROFESSIONAL RESPONSIBILITY The Contractor warrants that it is authorized by law to engage in the perfonnance of the activities encompassed by the project herein described, subject to the tenns and conditions set forth in these contract documents The Contractor 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 contractor. 2] RFP For Temporary Ferry Service Between the City of Marathon and Pigeon Key 13.0 NOTICE REQUIREMENT Any notice required or pennitted 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: F or the County: Monroe County Administrator I 100 Simonton Street Key West, FL 33040 and Monroe County Attorney P. O. Box 1026 Key West, FL 33041-1026 For the Contractor: 14.0 CANCELLATION The County may cancel this contract for cause with thirty (30) days notice to the contractor. Cause shall constitute a breach of the obligations of the Contractor to perfonn the services enumerated as the Contractor's obligations under this contract. Either of the parties hereto may cancel this agreement without cause by giving the other party ninety (90) days written notice of its intention to do so. 15.0 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 perfonned entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the County and 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 interpretations of the tenns or a tenn 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. a) Severability. If any tenn, 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 tenns, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining tenn, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent pennitted by law unless the enforcement of the remaining tenns, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The County and Contractor agree to refonn the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provlSlon. 22 RFP For Temporary Ferry Service Between the City of Marathon and Pigeon Key b) Attorney's Fees and Costs. The County and Contractor agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, court costs, investigative, and out-of-pocket expenses, as an award against the non-prevailing party, and shall include attorney's fees, courts costs, investigative, and out-of-pocket expenses in appellate proceedings. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. c) Cooperation. In the event any administrative or legal proceeding is instituted against either party relating to the fonnation, execution, perfonnance, 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. 16.0 RECORDS. Contractor shall maintain all books, records, and documents directly pertinent to perfonnance under this Agreement in accordance with generally accepted accounting principles consistently applied. Each party to this Agreement or their authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the tenn of the Agreement and for four years following the termination of this Agreement. If an auditor employed by the County or Clerk detennines 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. 17.0 BINDING EFFECT. The tenns, 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. 18.0 AUTHORITY. Each party represents and warrants to the other that the execution, delivery and perfonnance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. 19.0 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 perfonnance under this Agreement, and that only interest of each is to pcrfonn and receive benefits as recited in this Agreement. 20.0 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 I 12.313, Florida Statutes, regarding, but not limited to, solicitation or 23 RFP For Temporary Ferry Service Between the City of Marathon and Pigeon Key acceptance of gifts; doing business with one's County; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. 21.0 NO SOLICIT A TION/P A YMENT. 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 finn, 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 tenninate 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. 22.0 PUBLIC ACCESS. The County and Contractor shall allow and pennit reasonable access to, and inspection of, all documents, papers, letters or other materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and 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. 23.0 NON-WAIVER OF IMMUNITY. Notwithstanding he provisions of Sec. 768.28, Florida Statutes, the participation of the County and the Contractor in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the County be required to contain any provision for waiver. 24.0 PRIVILEGES AND IMMUNITIES. All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the County, when perfonning their respective functions under this Agreement within the territorial limits of the County shall apply to the same degree and extent to the perfonnance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the County. 25.0 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 perfonnance thereofby any participating entity, in which case the perfonnance 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 pennitted by the Florida constitution, state statute, and case law. 26.0 NON-RELIANCE BY NON-PARTIES. No person or entity shall be entitled to rely upon the tenns, or any of them, of this Agreement to enforce or attempt to enforce any third- party claim or entitlement to or benefit of any service or program contemplated hereunder, and the County and the Contractor agree that neither the County nor the Contractor or any agent, 24 RFP For Temporary Ferry Service Between the City of Marathon and Pigeon Key officer, or employee of either shall have the authority to infonn, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. 27.0 ATTESTATIONS. Contractor agrees to execute such documents as the County may reasonably require, including an Ethics Statement, and a Drug-Free Workplace Statement. 28.0 PUBLIC ENTITIES CRIMES. 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 contracts to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 of the Florida Statutes, for CA TEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. By signing this Agreement, the Contractor represents that the execution of this Agreement will not violate the Public Entity Crimes Act (Section 287.133, Florida Statutes). Violation of this section shall result in termination of this Agreement and recovery of all monies paid hereto, and may result in debannent from County's competitive procurement activities. In addition to the foregoing, Contractor further represents that there has been no detennination, based on an audit, that it or any sub consultant has committed an act defined by Section 287.133, Florida Statutes, as a "public entity crime" and that it has not been fonnally charged with committing an act defined as a "public entity crime" regardless of the amount of money involved or whether Contractor has been placed on the convicted vendor list. The Contractor will promptly notify the County if it or any subcontractor or subconsultant is formally charged with an act defined as a "public entity crime" or has been placed on the convicted vendor list. 29.0 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. 30.0 EXECUTION IN COUNTERPARTS. This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by singing any such counterpart. 31.0 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. 25 RFP For Temporary Ferry Ser\ice Between the City of Marathon and Pigeon Key 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 BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLOIDA By: By: Deputy Clerk Mayor/Chainnan (SEAL) Attest: By: CONTRACTOR By: WITNESS Title: Title: By: WITNESS Title: 26 RFP For Temporary Ferry Service Between the City of Marathon and Pigeon Key SECTION FOUR: RESPONSE FORMS RESPONSE FORM RESPOND TO: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS c/o PURCHASING DEPARTMENT GA TO BUILDING, ROOM 1-213 1100 SIMONTON STREET KEY WEST, FLORIDA 33040 I have read the RFP and all exhibits hereto, and agree to the terms and conditions set forth. I acknowledge receipt of Addenda No.(s) I have responded to all of the information requested in Section 1.10 Content of Submission o Cover Page o Relevant Experience _ o Services to be Provided o Costs and Revenue o Litigation I have included: o Lobbying and Conflict of Interest Clause_ o Non-Collusion Affidavit o Drug Free Workplace Form _ o Respondent's Insurance and Indemnification Statement o Insurance Agent's Statement o Professional and Occupational Licenses I have included a current copy of the following professional and occupational licenses: (Check mark items above. as a reminder that they are included.) Mailing Address: Telephone: Fax: Date: Signed: Witness: (Seal) (Name) (Title) 27 COST/REVENlJE WORKSHEET RFP For Temporary Ferry Service Between the City of Marathon and Pigeon Key MONTHL Y EXPENSES Total Estimated Monthly Cost ANNUAL REVENUE FDOT.Grant User Fees: annual users @ annual users @ annual users @ per person per person per person Total Annual Revenue $ Total Estimated Monthly Revenue (Annual Revenue + 12 months) $ Note: Total monthly revenue should equal or exceed total monthly cost 28 AMOUNT $ $ $ $ $ $ $ $ $250,000 $ $ $ RFP For Temporary Ferry Service Between the City of Marathon and Pigeon Key LOBBYING A:\D CO:\FLlCT OF I:\TEREST CLAUSE SWORN STATEMENT UNDER ORDINANCE NO. 010-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE (Company) warrants that he/it has not employed. retained or otherwise had act on his/its behalf any former County officer or employee in violation of Section 2 of Ordinance No. 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: COUNTY OF: Subscribed and sworn to (or affirmed) before me on (date) by (name of affiant). He/She is personally known to me or has produced as identification. (type of identification) NOTARY PUBLIC My commission expires: 29 RFP For Temporary Ferry Service Between the City of Marathon and Pigeon Key l\'Ol\'-COLLUSION AFFIDAVIT I, of the city of according to law on my oath, and under penalty of perjury, depose and say that: 1. I am of the firm of the bidder making the Proposal for the project described in the Request for Qualifications for: and that I executed the said proposal with full authority to do so, 2. The prices in this bid have been arrived at independently without collusion, consultation, communication or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any competitor; 3. Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to bid opening. directly or indirectly, to any other bidder or to any competitor; 4. No attempt has been made or will be made b the bidder to induce any other person, partnership or corporation to submit, or not to submit, a bid for the purpose of restricting competition; and 5. The statements contained in this affidavit are true and correct, and made with full knowledge that Monroe County relies upon the truth of the statements contained in this affidavit in awarding contracts for said project. (Signature of Respondent) (Date) STATE OF: COUNTY OF: PERSONALLY APPEARED BEFORE ME, the undersigned authority, who, after first being sworn by me, (name of individual signing) affixed his/her signature in the space provided above on this _ day of 20_. NOTARY PUBLIC My Commission Expires: 30 RFP For Temporary Ferry Service Between the City of Marathon and Pigeon Key DRUG-FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: (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). notifies 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 require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, or any employee who is so convicted. 6. Makes 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. Respondent's Signature Date NOTARY PUBLIC My Commission Expires: 31 RFP For Temporary Ferry Service Between the City of Marathon and Pigeon Key Respondent's Insurance and Indemnification Statement ReQuired Covera!!e Worker's Compensation Employers' Liability Insurance ReQuired Limits Statutory Limits $1,000,000 Accident $1,000,000 Disease, policy limits $1,000,000 Disease, each employee Jones Act Coverage $1,000,000 per occurrence Vehicle Liability (Owned, non-owned and hired vehicles) $1,000,000 per occurrence $1,000,000 combined single limit General Liability, including Premises/Operations Products and Completed Operations Blanket Contractual Liability Personal Injury Liability Expanded Definition of Property Damage $1,000,000 combined single limit Employee Dishonesty Coverage (Required only if the respondent collects a fee on behalf of the County and is obligated to pass these funds on to the County) $10,000 per Occurrence Garage Keepers Legal Liability (required only if respondent provides valet parking service as part of activities.) $1,000,000 Combined Single Limit Water Craft Liability $1,000,000 times maximum passenger rating (50 passengers - $50,000,000 limit) Pollution Liability Insurance $1,000,000 per occurrence $2,000,000 aggregate RESPONDENT'S STATEMENT I understand the insurance that will be mandatory if awarded the contract and will comply in full with all the requirements. Respondent Signature 32 RFP For Temporary Ferry Service Between the City of Marathon and Pigeon Key INSURANCE AGENT'S STATEMENT I have reviewed the above requirements with the bidder named below. The following deductibles apply to the corresponding policy. POLICY DEDUCTIBLES Liability policies are Occurrence Claims Made Insurance Agency Signature Print Name: 33 EXHffiIT "B" FINANCIAL SUMMARY PROJECT services detailed in Exhibit "A", 'Scope of Services', are eligible for reimbursement using DEPARTMENT funding as below-defined: The DEPARTMENT's current Adopted Work Program allocates the following funding, programmed under Financial Project Number 414545-1-58-01, for PROJECT completion: Fiscal Year: Amount: Fund Tvoe: 2006/07 $750.000.00 District Dedicated Revenue (DDR) DEPARTMENT Financial Contribution (Maximum Limiting Amount): $750,000.00 Total PROJECT Cost Estimate: $750,000.00 Page 8 of 13 Joint Participation Agreement between th<, Honda Department of Transportation and Jfonroe County, Financial Project Humber 414545-1-58-01 RESOLUTION NO. - 2007 "EXHIBIT C" A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, APPROVING THE JOINT P ARTICIP A TION AGREEMENT BETWEEN FLORIDA DEPARTMENT OF TRANSPORTATION AND MONROE COUNTY, FLORIDA TO PROVIDE TEMPORARY FERRY SERVICES BETWEEN THE CITY OF MARATHON, FLORIDA AND PIGEON KEY DURING mE REHABILITATION OF THE STATE ROAD 5/0LD SEVEN-MILE BRIDGE. WHEREAS, the Florida Department of Transportation (the "Department") has jurisdiction and maintains the State Road S/Old Seven-Mile Bridge (the "Bridge") from the City of Marathon to Pigeon Key in Monroe County, Florida; and WHEREAS, the Department has deemed the bridge structurally unsafe for pedestrian and vehicular traffic and will close it for upcoming bridge rehabilitation improvements (the "Project"); and WHEREAS, upon Bridge closure for rehabilitation, access to Pigeon Key will be restricted to water-based methods of transportation; and WHEREAS, in order to maintain traffic between the City of Marathon and Pigeon Key, the Department and Monroe County (the "County") have agreed to provide temporary ferry services for the waterborne transport of passengers and goods; and WHEREAS, the Department has programmed funding for the Project and has agreed to reimburse the County for eligible Project costs up to a maximum amount; and WHEREAS, the County has agreed to administer, supervise and inspect all aspects of the Project; and WHEREAS, the parties are authorized to enter into this Agreement pursuant to Section 339.08(e) and 339.12, Florida Statutes; NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Monroe County, Florida, that: SECTION 1: The Joint Participation Agreement Between the State of Florida Department of Transportation and Monroe County, Florida is hereby approved. SECTION 2: Upon execution, this Resolution shall be marked as "Exhibit C" and made a part of the Joint Participation Agreement. PASSED AND ADOPTED, by the Board of County Commissioners of Monroe County, Florida at a regular meeting of said Board on the 20th day of June, A.D., 2007. Mayor Mario DiGennaro Mayor Pro Tern Dixie Spehar Commissioner Charles "Sonny" McCoy Commissioner George Neugent Commissioner Sylvia Murphy (SEAL) ATTEST: Danny L. Kolhage, CLERK By: Deputy Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mayor Mario Di Gennaro MONROE COUNTY ATTORNEY Ar~ROV.E! Al TXfl1": ~HJA L. ALL ASSISTANT COUNTY ATTORNEY Date 0 /:;.- c t - q-.OO "-:j EXHmIT "D" AUDIT REPORTS The administration of resources awarded by the Department to MONROE COUNTY may be subject to audits and/or monitoring by the Department, as described in this section. For further guidance, see the Executive Office of the Governor web site, which can be found at: www.fssa.state.flus. MONITORING In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97, F.S., as revised (see "AUDITS" below), monitoring procedures may include, but not be limited to. on-site visits by Department staff, limited scope audits as defined by OMB Circular A-133, as revised, and/or other procedures. By entering into this agreement, the recipient agrees to comply and cooperate fully with any monitoring procedures/processes deemed appropriate by the Department. In the event the Department determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Department staff to MONROE COUNTY regarding such audit. MONROE COUNTY further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer (CFO) or Auditor General. AUDITS PART I: FEDERALLY FUNDED Recipients of federal funds (ie. state, local government, or non-profit organizations as defined in OMB Circular A- 133, as revised) are to have audits done annually using the following criteria: I. In the event that the recipient expends $500,000 or more in Federal awards in its fiscal year, the recipient must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular A-133. as revised. EXIDBIT I to this agreement indicates Federal resources awarded through the Department by this agreement. In determining the Federal awards ex-pended in its fiscal year, the recipient shall consider all sources of Federal awards, including Federal resources received from the Department. The detennination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions OMB Circular A-133, as revised, will meet the requirements of this part. 2. In connection with the audit requirements addressed in Part I, paragraph 1., the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C ofOMB Circular A-B3, as revised. 3. If the recipient expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required. In the event that the recipient expends less than $500.000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions ofOMB Circular A-133. as re\'ised. the cost of the audit must be paid from non-Federal resources (i.e., the cost of such an audit must be paid from recipient resources obtained from other than Federal entities). 4. Federal awards are to be identified using the Catalog of Federal Domestic Assistance (CFDA) title and number, award number and year, and name of the awarding federal agency. PART ll: STATE FUNDED Page IO of 13 Joint Par1icipation Agreement between the Flor1da Department ofTranspor1ation and Monroe County. Financial Project A'umber 414545-1-58-01 Recipients of state funds (i.e. a nonstate entity as defined by Section 215.97(2)(1), Florida Statutes) are to have audits done annually using the following criteria: 1. In the event that the recipient e",..pends a total amOlmt of state financial assistance equal to or in excess of $500,000 in any fiscal year of such recipient, the recipient must have a State single or project-specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Executive Office of the Governor and the CFO; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for- profit organizations), Rules of the Auditor General. EXHIBIT 1 to this agreement indicates state financial assistance awarded through the Department by this agreement. In detennining the state financial assistance ex-pended in its fiscal year, the recipient shall consider all sources of state financial assistance, including state financial assistance received from the Department, other state agencies, and other nonstate entities. State financial assistance does not include Federal direct or pass-through awards and resources received by a non state entity for Federal program matching requirements. 2. In connection with the audit requirements addressed in Part II, paragraph 1, the recipient shall ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2)(d), Florida Statutes, and Chapters 10.550 (1ocal governmental entities) or 10.650 (nonprofit and for-profit organi7.ations), Rules of the Auditor General. 3. If the recipient expends less than $500,000 in state financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the recipient expends less than $500,000 in state financial assistance in its fiscal year and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the nonstate entity's resources (i.e., the cost of such an audit must be paid from the recipient's resources obtained from other than State entities). 4. State awards are to be identified using the Catalog of State Financial Assistance (CSF A) title and number, award number and year, and name of the state agency awarding it. PART m: OTHER AUDIT REQUIREMENTS The recipient shall follow up and take corrective action on audit findings. Preparation of a sununary schedule of prior year audit findings, including corrective action and current status of the audit findings is required. Current year audit findings require corrective action and status of findings. Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is completed or the dispute is resolved. Access to project records and audit work papers shall be given to the FDOT, the Comptroller, and the Auditor General. This section does not limit the authority of the Department to conduct or arrange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of any other state official. Page 11 of 13 Joint Participation Agreement between the Flonda Department o(Tramportation and Jfonrot! C ollnty. FinanclOl Project "'lumber 414545-1-58-01 PART IV: REPORT SUBMISSION 1. Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required by PART I of this agreement shall be submitted, when required by Section .320 (d), OMB Circular A- 133, as re\ised, by or on behalf of the recipient directly to each of the following: A. The Department at each of the following addresses: Florida Department of Transportation 1000 Northwest 111 Avenue Miami, Florida 33172 B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections .320 (d)(1) and (2), OMB Circular A-133, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 C. Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB Circular A-B3, as revised. 2. In the event that a copy of the reporting package for an audit required by PART I of this agreement and conducted in accordance with OMB Circular A-B3, as revised, is not required to be submitted to the Department for reasons pursuant to section .320 (e)(2), OMB Circular A-B3, as revised, the recipient shall submit the required "ritten notification pursuant to Section .320 (e)(2) and a copy of the recipient's audited schedule of ex-penditures of Federal awards directly to each of the following: Florida Department of Transportation 1000 Northwest 111 Avenue Miami, Florida 33172 In addition. pursuant to Section .320 (f), OMB Circular A-133, as revised, the recipient shall submit a copy of the reporting package described in Section .320 (c), OMB Circular A-B3, as revised, and any management letters issued by the auditor, to the Department at each of the following addresses: Florida Department of Transportation 1000 Northwest 111 Avenue Miami, Florida 33172 3. Copies of financial reporting packages required by PART II of this agreement shall be submitted by or on behalf of the recipient directly to each of the follo\\ing: A. The Department at each of the following addresses: Florida Department of Transportation 1000 Northwest 111 Avenue Miami, Florida 33172 B. The Auditor General's Office at the following address: Page 12 of 13 Jomt Participation Agreement between the Ronda Department of Transportation and Monroe County. Financial Project Number 414545-1-58-01 Auditor General" s Office Room 40 I. Pepper Building III West Madison Street Tallahassee. Florida 32399-1450 4. Copies of reports or the management letter required by PART III of this agreement shall be submitted by or on behalf of the recipient directly to: A. The Department at each of the following addresses: Florida Department of Transportation 1000 Northwest III Avenue Miami, Florida 33172 5. Any reports, management letter, or other infonnation required to be submitted to the Department pursuant to this agreement shall be submitted timely in accordance with OMB Circular A-B3, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. 6. Recipients, when submitting financial reporting packages to the Department for audits done in accordance \\ith OMB Circular A-B3 or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the recipient in correspondence accompanying the reporting package. PART V: RECORD RETENTION 1. The recipient shall retain sufficient records demonstrating its compliance with the terms of this agreement for a period of at least five years from the date the audit report is issued. and shall allow the Department, or its designee, the state CFO or Auditor General access to such records upon request. The recipient sha1I ensure that the independent audit worIqng papers are made available to the Department, or its designee, the state CFO, or Auditor General upon request for a period of at least five years from the date the audit report is issued, unless ex1ended in writing by the Department. Page 13 of 13 Joint ParticipatIOn Agreement between the Flonda Department ofTl'aniponation and "Jonroe County. Financial Project .^/umbel' 4].1545-1-58-01 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: June 20, 2007 Division: Budget & Finance Bulk Item: Yes X No Department: Office of Management & Budget Staff Contact PersonlPhone #: Ernie Coughlin- 4315 AGENDA ITEM WORDING: Approval of various resolutions for the transfer of funds and resolutions for the receipt of unanticipated revenue. ITEM BACKGROUND: See attached schedule of items. PREVIOUS RELEVANT BOCC ACTION: See attached schedule of items. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval TOTAL COST: N/A BUDGETED: Yes No COST TO COUNTY: N/A SOURCE OF FUNDS:N/A REVENUE PRODUCING: Yes No X AMOUNTPERMONTH Year APPROVED BY: County Atty 1L OMBIPurchasing X Risk Management N/ A DOCUMENTA TION: Included X NotRequired_ DISPOSITION: AGENDA ITEM # Revised 11/06 I- a '" a 00 a a a a N a a (J) r- (J) r- '" a a a a a a ~ CIC! z ai CIC! .0 r- ..,,: 6 a a 6 a a a C! (!) 00 :J N oci .0 .0 r...: 6 6 to oci (!) N (!) 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C. 0. 0. 0. 0. 0. 0. 0. 0. 0. 0. 0. 0. 0. 0. 0. 0. 0. <C <C <C <C <C <C <C <C <C <C <C <C <C <C <C <C <C 2: a ~ N (') '<t III CD r- W ~ N (') '<t III CD r- oo '" !:: ~ ~ ~ ~ ~ ~ ~ ~ OMB Schedule Item Number 1 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 #115 TDC Dist Two Penny From: 115-5520-75035-530340- T75E238X-530300 Cost Center # 75035 Events For the Amount: $51,972.00 To: 115-5810-86529-590910- T75M310X-590910 Cost Center # 86529 Budgeted Transfers 115 Events Resources Budgeted Transfers Fund #116 TDC Adm & Promo 2 Cent From: 116-5520-76065-530340- T76G242X-530340 Cost Center # 76065 TDC Promo & Adv For the Amount: $52,914.00 To: 116-5810-86530-590910-T76G310X-590910 Cost Center # 86529 Budgeted Transfers 116 Ad Resources Budgeted Transfers Fund #117 TDC Dist 1,3 Cent From: 117-5520-77040-530340- T77B240X-530300 Cost Center # 77040 TDC Bricks & Mortar 117 For the Amount: $9,359.00 To: 117-5810-86531-590910-T77M310X-590910 Cost Center # 86531 Budgeted Transfers 117 Capital Project Resources Budgeted Transfers Fund #118 TDC Dist 2, 3 Cent From: 118-5810-86532-590910- T78M310X-59091O Cost Center # 86532 Budgeted Transfers 118 For the Amount: $13,221.00 To: 118-5520-78040-530460- T78B240X-530460 Cost Center # 78040 TDC Bricks & Mortar 118 Budgeted Transfers Capital Project Resources Fund #119 TDC Dist 3, 3 Cent From: 119-5810-86533-590910- T79M310X-590910 Cost Center # 86533 Budgeted Transfers 119 For the Amount: $15,403.00 To: 119-5520-79040-530340- T79B240X-530340 Cost Center # 79040 TDC Bricks & Mortar 119 Budgeted Transfers Capital Project Resources Fund #120 TDC Dist 4, 3 Cent From: 120-5810-86534-590910-T70M310X-590910 Cost Center # 86534 Budgeted Transfers 120 For the Amount: $23,067.00 To: 120-5520-70040-530460- T70B240X-530460 Cost Center # 70040 TDC Bricks & Mortar 120 Budgeted Transfers Capital Project Resources Item 1 TDC transfers pg 1 Fund #121 TDC Dist 5, 3 Cent From: 121-5810-86535-590910- T71M310X-590910 Cost Center # 86535 Budgeted Transfers 121 For the Amount: $24,333.00 To: 121-5520-71040-530460- T71B240X-530460 Cost Center # 71040 TDC Bricks & Mortar 121 Budgeted Transfers Capital Project Resources 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 20th day of June, AD 2007. Mayor Di Gennaro Mayor Pro Tern Spehar Commissioner McCoy Commissioner Neugent Commissioner Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mayor/Chairman (Seal) Attest: DANNY L. KOLHAGE, Clerk Item 1 rDC transfers pg 2 OMB Schedule Item Number 2 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 # 148 Plan, Build, Zoning From: 148-5150-51000-530340 Other Contractual Svcs Cost Center # 51000 Comp Plan For the Amount: $52,142.85 To: 148-5810-86509-590125 Transfer to 125 Cost Center # Budgeted Transfers - 148 BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon receipt of the above, is hereby authorized and directed to make necessary changes of said items, as set 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 20th day of June, AD 2007. Mayor Di Gennaro Mayor Pro Tern Spehar Commissioner McCoy Commissioner Neugent Commissioner Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: MayorlChairman (Seal) Attest: DANNY L. KOLHAGE, Clerk Item 2 fund 148 trnsfr fm 51000 to 86509 pending FDOT grant match OMB Schedule Item Number 3 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 # 153 Local Housing Assistance From: 153-5540-0100805-530492 Shelter Cost Center # 0100805 SHIP Fair Hsg FY 05 For the Amount: $14,258.00 To: 153-5540-0100605-530492 Shelter Cost Center # 0100605 SHIP Homeowner FY 05 From: 153-5540-0100605-530492 Shelter Cost Center # 0100605 SHIP Homeowner FY 05 For the Amount: $21,168.00 To: 153-5540-0101105-530490 Miscellaneous Cost Center # 0101105 SHIP Admn FY 05 From: 153-5540-0100606-530492 Shelter Cost Center # 0100606 SHIP Homeowner FY 06 For the Amount: $31,188.00 To: 153-5540-0101106-530490 Miscellaneous Cost Center # 0101106 SHIP Admn FY 06 From: 153-5540-0100606-530492 Shelter Cost Center # 0100606 SHIP Homeowner FY 06 For the Amount: $5,000.00 To: 153-5540-0100806-530492 Shelter Cost Center # 0100806 SHIP Fair Hsg FY 06 From: 153-5540-0100607-530492 Shelter Cost Center # 0100607 SHIP Homeowner FY 07 For the Amount: $16,481.00 To: 153-5540-0101107-530490 Miscellaneous Cost Center # 0101107 SHIP Admn FY 07 From: 153-5540-0100607-530492 Shelter Cost Center # 0100607 SHIP Homeowner FY 07 For the Amount: $5,000.00 To: 153-5540-0100807-530492 Shelter Cost Center # 0100807 SHIP Fair Hsg FY 07 From: 153-5540-0101205-530490 Misc. Cost Center # 0101205 SHIP Rental Rehab FY 05 For the Amount: $150,000.00 To: 153-5540-0100605-530492 Shelter Cost Center # 0100605 SHIP Homeowner FY 05 From: 153-5540-0100606-530492 Shelter Cost Center # 0100606 SHIP Homeowner FY 06 For the Amount: $150,000.00 To: 153-5540-0101206-530490 Misc Cost Center # 0101206 SHIP Rental Rehab FY 06 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. Item 3 fund 153 tmsfrs pg 1 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 20th day of June, AD 2007. Mayor Di Gennaro Mayor Pro Tern Spehar Commissioner McCoy Commissioner Neugent Commissioner Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mayor/Chairman (Seal) Attest: DANNY L. KOLHAGE, Clerk Item 3 fund 153 tmsfrs pg 2 OMB Schedule Item Number 4 Resolution No. - 2007 A RESOLUTION CONCERNING THE RECEIPT OF UNANTICIPATED FUNDS WHEREAS, it is necessary for the Board of County Commissioners of Monroe County, Florida, to increase items to account for unanticipated funds in the Monroe County Budget for the Fiscal Year 2007, now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that the following accounts of the Monroe County Budget for the Fiscal Year 2007 be and the same is hereby increased by the amount hereinafter set forth: Fund #162- Law Enforcement Trust Fund Cost Center # 68801- Law Enforcement Trust Fund Revenue: 162-351200SS Fines- LETF $14,288.78 Total Revenue $14,288.78 Appropriations: 162-5210-68801-530490 Miscellaneous $14,288.78 Total Appropriations: $14,288.78 --- ---- BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon receipt of the above unanticipated funds, is hereby authorized and directed to place funds in said items, as set forth above. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 20th day of June AD 2007. Mayor Di Gennaro Mayor Pro Tern Spehar Commissioner McCoy Commissioner Neugent Commissioner Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mayor/Chairman (Seal) Attest: DANNY L. KOLHAGE, Clerk Item 4 LETF OMB Schedule Item Number 5 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 RESOL VED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that there shall be transfers of amounts previously set up in the Monroe County Budget for the Fiscal Year 2007 as, hereinafter set forth to and from the following accounts: Fund # 141 Fire & Ambulance Dist 1 L&M Keys From: 141-5130-85520-590990 Other Uses Cost Center # 85520 Reserves 141 For the Amount: $374,864.00 To: 141-5220-11500-560641 Capital Outlay-Vehicles Cost Center # 11500 Fire & Rescue Central 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 20th day of June, AD 2007. Mayor Di Gennaro Mayor Pro Tern Spehar Commissioner McCoy Commissioner Neugent Commissioner Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mayor/Chairman (Seal) Attest: DANNY L. KOLHAGE, Clerk Item 5 fund I41 tmsfr fin 85520 to I1500 OMB Schedule Item Number 6 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 # 504 Fleet Management From: 504-5130-85542-590990 Other Uses Cost Center # 85542 Reserves 504 For the Amount: $100,000.00 To: 504-5190-23502-530523 Diesel Cost Center # 23502 Fleet Mgt Svc Fuel From: 504-5130-85542-590990 Other Uses Cost Center # 85542 Reserves 504 For the Amount: $20,000.00 To: 504-5190-23503-530460 Repair & Maintenance Cost Center # 23503 Fleet Mgt Svc Operation 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 20th day of June, AD 2007. Mayor Di Gennaro Mayor Pro Tern Spehar Commissioner McCoy Commissioner Neugent Commissioner Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mayor/Chairman (Seal) Attest: DANNY L. KOLHAGE, Clerk Item 6 fund 504 tmsfr fm 85542 to 23502 to 23503 OMB Schedule Item Number 7 Resolution No. - 2007 A RESOLUTION CONCERNING THE RECEIPT OF UNANTICIPATED FUNDS WHEREAS, it is necessary for the Board of County Commissioners of Monroe County, Florida, to increase items to account for unanticipated funds in the Monroe County Budget for the Fiscal Year 2007, now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that the following accounts of the Monroe County Budget for the Fiscal Year 2007 be and the same is hereby increased by the amount hereinafter set forth: Fund #404 Key West Airport Cost Center #630107 NIP Phase IV Const. Project #GAKAI04 NIP Phase IV Cost. Function#5400 Activity#5420 Official Division#1018 Revenue: 404-630107-33141 OOT -GAKAl 04 Federal Grants-Transportation $26,125.00 $26,125.00 Total Revenue: ------- ------- Appropriations: 404-630107 -530490-GAKAl 04-53031 0 Professional Services $26,125.00 $26,125.00 Total Appropriations: ---- --- BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon receipt of the above unanticipated funds, is hereby authorized and directed to place funds in said items, as set forth above. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 20th day of June, AD 2007. Mayor Di Gennaro Mayor Pro Tern Spehar Commissioner McCoy Commissioner Neugent Commissioner Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mayor/Chairman (Seal) Attest: DANNY L. KOLHAGE, Clerk Item 7 unant 630107 gakalO4 OMB Schedule Item Number 8 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 # 404 Key West Int'l Airport From: 404-5420-63003-560620 Capital Outlay Bldg Cost Center # 63003 PFC For the Amount: $2,275.00 To: 404-5420-630107-530490-GAKAI04-530310 Prof. Svcs. Cost Center # 630107 NIP Phase IV Const. BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon receipt of the above, is hereby authorized and directed to make necessary changes of said items, as set forth above. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 20th day of June, AD 2007. Mayor Di Gennaro Mayor Pro Tern Spehar Commissioner McCoy Commissioner Neugent Commissioner Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mayor/Chairman (Seal) Attest: DANNY L. KOLHAGE, Clerk Item 8 fund 404 trnsfr fm 63003 to 630107 gakal04 OMB ScheduIe Item Number 9 ResoIution 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 # 001 GeneraI Fund From: 001-5130-85500-590990 Other Uses Cost Center # 85500 Reserves 001 For the Amount: $23,000.00 To: 001-5130-06001-530340 Other ContractuaI Services Cost Center # 06001 Office of Mgmt and Bdgt From: 001-5130-85500-590990 Other Uses Cost Center # 85500 Reserves 001 For the Amount: $222,890.00 To: 001-5130-69000-510230 Life & Health Ins. Cost Center # 69000 Tax Collector 001 From: 001-5130-85500-590990 Other Uses Cost Center # 85500 Reserves 001 For the Amount: $200,000.00 To: 001-5130-69000-530490 Miscellaneous Cost Center # 69000 Tax Collector 001 From: 001-5130-85500-590990 Other Uses Cost Center # 85500 Reserves 001 For the Amount: $54,000.00 To: 001-5130-02045-530499 CIerk NC Operations Cost Center # 02045 CIerk Commissions & Fees BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon receipt ofthe 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 20th day of June, AD 2007. Mayor Di Gennaro Mayor Pro Tern Spehar Commissioner McCoy Commissioner Neugent Commissioner Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mayor/Chairman (Seal) Attest: DANNY L. KOLHAGE, Clerk ltem 9 fund 001 trnsfr fm 85500 OMB Schedule Item Number 10 Resolution No. - 2007 A RESOLUTION CONCERNING THE RECEIPT OF UNANTICIPATED FUNDS WHEREAS, it is necessary for the Board of County Commissioners of Monroe County, Florida, to increase items to account for unanticipated funds in the Monroe County Budget for Fiscal Year 2007, now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that the following accounts of the Monroe County Budget for the Fiscal Year 2007, be and the same is hereby increased by the amount hereinafter set forth: Fund #158 Misc. Spec. Revenue Fund Revenue: 158-348141SC Misc. Special Revenue Fund $11,154.25 Total Revenue $11,154.25 Appropriations: 158-5640-04586-530340 Other Contractual Service $11,154.25 Total Appropriations: $11,154.25 Revenue: 158-348142SC Misc. Special Revenue Fund $11,154.25 Total Revenue $11,154.25 Appropriations: 158-5810-86549-590001 Budgeted Transfers $11,154.25 Total Appropriations: $11,154.25 Revenue: 158-348143SC Misc. Special Revenue Fund $11,154.26 Total Revenue $11,154.26 Appropriations: 158-5210-68627-530340 Other Contractual Service $11,154.26 Total Appropriations: $11,154.26 Item 10 unant fund 158 crim add costs page 1 Revenue: 158-348144SC Misc. Special Revenue Fund $11,154.26 Total Revenue $11,154.26 Appropriations: 158-6010-82506-530340 Other Contractual Service $11,154.26 Total Appropriations: $11,154.26 BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon receipt of the above unanticipated funds, is hereby authorized and directed to place funds in said items, as set forth above. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 20th day of June AD 2007. Mayor Di Gennaro Mayor Pro Tem Spehar Commissioner McCoy Commissioner Neugent Commissioner Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mayor/Chairman (Seal) Attest: DANNY L. KOLHAGE, Clerk Item 10 unant fund 158 crim add costs page 2 OMB Schedule Item Number 11 Resolution No. - 2007 A RESOLUTION CONCERNING THE RECEIPT OF UNANTICIPATED FUNDS WHEREAS, it is necessary for the Board of County Commissioners of Monroe County, Florida, to increase items to account for unanticipated funds in the Monroe County Budget for the Fiscal Year 2007, now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that the following accounts of the Monroe County Budget for the Fiscal Year 2007 be and the same is hereby increased by the amount hereinafter set forth: Fund #403 Marathon Airport Cost Center #63529 Mthn. Planning Studies Project #GAMD26 Mthn. Planning Studies Function#5400 Activity#5420 Official Division#1018 Revenue: 403-63529-3344100T -GAMD26 State Grants-Transportation $15.000.00 $15,000.00 Total Revenue: Appropriations: 403-63529-530490-GAMD26-530310 Professional Services $15.000.00 $15,000.00 Total Appropriations: BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon receipt of the above unanticipated funds, is hereby authorized and directed to place funds in said items, as set forth above. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 20th day of June, AD 2007. Mayor Di Gennaro Mayor Pro Tem Spehar Commissioner McCoy Commissioner Neugent Commissioner Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mayor/Chairman (Seal) Attest: DANNY L. KOLHAGE, Clerk Item 11 unant 63529 gamd26 OMB Schedule Item Number 12 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 RESOL VED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that there shall be transfers of amounts previously set up in the Monroe County Budget for the Fiscal Year 2007 as, hereinafter set forth to and from the following accounts: Fund # 403 Marathon Airport From: 403-5420-63502-560640 Capital Outlay Bldg Cost Center # 63502 Mthn Airport R&R For the Amount: $15,000.00 To: 403-5420-63529-530490-GAMD26-530310 Prof. Svcs. Cost Center # 63529 Mthn. Planning Studies 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 20th day of June, AD 2007. Mayor Di Gennaro Mayor Pro Tern Spehar Commissioner McCoy Commissioner Neugent Commissioner Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mayor/Chairman (Seal) Attest: DANNY L. KOLHAGE, Clerk Item 12 fund 403 trnsfr fm 63502 to 63529 gamd26 OMB Schedule Item Number 13 Resolution No. - 2007 A RESOLUTION CONCERNING THE RECEIPT OF UNANTICIPATED FUNDS WHEREAS, it is necessary for the Board of County Commissioners of Monroe County, Florida, to increase items to account for unanticipated funds in the Monroe County Budget for the Fiscal Year 2007 now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that the following accounts of the Monroe County Budget for the Fiscal Year 2007 be and the same is hereby increased by the amount hereinafter set forth: Fund #125 - Governmental Fund Type Grants Cost Center # 6153707 - Community Care for Disabled Adults Offcl/Div# 1016 Function 5600 Activity 5640 Revenue: 125-6153707-3346900H 125-6153707-381001GT State Grants Trnsfr fm Gen. Fund 001 $81,730.09 9,081.00 Total Revenue $90,811.09 Appropriations: 125-6153707-510120-Salaries 125-6153707 -510210- Fica 125-6153707-510220-Retirement 125-6153707-510230-Group Insurance 125-6153707-510240-Worker's Compensation 125-6153707-530400- Travel 125-6153707-530410-Communications & Postage 125-6153707-530451-Risk Management 125-6153707 -530470-Printing 125-6153707-530510-0ffice Supplies 125-6153707-530520-0perating Supplies $55,977.09 4,500.00 4,000.00 13,134.00 2,000.00 2,000.00 50.00 900.00 50.00 200.00 8,000.00 Total Appropriations: $90,811.09 BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon receipt of the above unanticipated funds, is hereby authorized and directed to place funds in said items, as set forth above. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 20th day of June AD 2007. Mayor Di Gennaro Mayor Pro Tern Spehar Commissioner McCoy Commissioner Neugent Commissioner Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mayor/Chairman (Seal) Attest: DANNY L. KOLHAGE, Clerk Item 13 uant ccda kg060 07-08 6153707 OMB Schedule Item Number 14 Resolution No. - 2007 A RESOLUTION CONCERNING THE RECEIPT OF UNANTICIPATED FUNDS WHEREAS, it is necessary for the Board of County Commissioners of Monroe County, Florida, to increase items to account for unanticipated funds in the Monroe County Budget for the Fiscal Year 2007 now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that the following accounts of the Monroe County Budget for the Fiscal Year 2007 be and the same is hereby increased by the amount hereinafter set forth: Fund #125 - Governmental Fund Type Grants Cost Center # 6153907 - Home Care for the Elderly Function 5600 Activity 5640 Revenue: 125-6153907-3346900H- State Grants 125-3153907-381001GT - Tnsfr fm Gen. Fund 001 $12,750.00 1,416.67 Total Revenue $14,166.67 Appropriations: 125-6153907-510120-Salaries 125-6153907-510210- Fica 125-6153907-510220- Retirement 125-6153907-510230-Group Insurance 125-6153907-510240-Worker's Compensation 125-6153907-53031O-Professional Services 125-6153907-530400- Travel 125-6153907-530451-Risk Management 125-6153907-530520-0perating Supplies $12,891.67 160.00 150.00 240.00 100.00 125.00 100.00 300.00 100.00 Total Appropriations: $14,166.67 BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon receipt of the above unanticipated funds, is hereby authorized and directed to place funds in said items, as set forth above. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 20th day of June AD 2007. Mayor Di Gennaro Mayor Pro Tem Spehar Commissioner McCoy Commissioner Neugent Commissioner Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mayor/Chairman (Seal) Attest: DANNY L. KOLHAGE, Clerk Item 14 uant hce kh772 07-08 6153907 OMB Schedule Item Number 15 Resolution No. - 2007 A RESOLUTION CONCERNING THE RECEIPT OF UNANTICIPATED FUNDS WHEREAS, it is necessary for the Board of County Commissioners of Monroe County, Florida, to increase items to account for unanticipated funds in the Monroe County Budget for the Fiscal Year 2007 now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that the following accounts of the Monroe County Budget for the Fiscal Year 2007 be and the same is hereby increased by the amount hereinafter set forth: Fund #125 - Governmental Fund Type Grants Cost Center # 6153607 - Alzheimer's Disease Initiative Offcl/Div# 1016 Function 5600 Activity 5640 Revenue: 125-6153607-3346900H- State Grants 125-6153607-369001SH- Program Income 125-6153107-381001GT Trnsfer fm Gen. Fund 001 $ 65,888.00 600.00 7,320.89 Total Revenue $ 73,808.89 Appropriations: 125-6153607 -51 0120-Salaries 125-6153607 -51021 O-Fica 125-6153607 -510220- Retirement 125-6153607-510230-Group Insurance 125-6153607-510240-Worker's Compensation 125-6153607-530400- Travel 125-6153607-530410-Communications & Postage 125-6153607 -530451- Risk Management 125-6153607-530470- Printing 125-6153607 -530498-Advertising 125-6153607-530510-0ffice Supplies 125-6153607-530520-0perating Supplies $48,623.89 4,500.00 4,000.00 12,285.00 2,000.00 1,000.00 50.00 900.00 50.00 50.00 200.00 150.00 Total Appropriations: $73,808.89 BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon receipt of the above unanticipated funds, is hereby authorized and directed to place funds in said items, as set forth above. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 20th day of June AD 2007. Mayor Di Gennaro Mayor Pro Tern Spehar Commissioner McCoy Commissioner Neugent Commissioner Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mayor/Chairman (Seal) Attest: DANNY L. KOLHAGE, Clerk Item I5 uant adi kz797 07-08 6 I 53607 OMB Schedule Item Number 16 Resolution No. - 2007 A RESOLUTION CONCERNING THE RECEIPT OF UNANTICIPATED FUNDS WHEREAS, it is necessary for the Board of County Commissioners of Monroe County, Florida, to increase items to account for unanticipated funds in the Monroe County Budget for the Fiscal Year 2007 now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that the following accounts of the Monroe County Budget for the Fiscal Year 2007 be and the same is hereby increased by the amount hereinafter set forth: Fund #125 - Governmental Fund Type Grants Cost Center # 6153807 - Community Care for the Elderly Offcl/Div# 1016 Function 5600 Activity 5640 Revenue: 125-6153807-3346900H- State Grants 125-6153807-369001SH- Program Income 125-6153807-381001GT- Trnsfr fm Gen. Fund $582,837.00 30,000.00 64,759.67 Total Revenue $677,596.67 Appropriations: 125-6153807-510120-Salaries 125-6153807-510210- Fica 125-6153807 -510220- Retirem ent 125-6153807-510230-Group Insurance 125-6153807-510240-Worker's Compensation 125-6153807 -53031 O-Professional Services 125-6153807-530400- Travel 125-6153807-530410-Communications & Postage 125-6153807-530451-Risk Management 125-6153807-530460-Repairs & Maintenance 125-6153807 -530470-Printing 125-6153807-530498- Advertising 125-6153807-530510-0ffice Supplies 125-6153807 -530520-0perating Supplies $491,996.67 28,000.00 25,000.00 83,000.00 14,000.00 200.00 16,000.00 2,000.00 12,000.00 1,000.00 200.00 200.00 2,000.00 2,000.00 Total Appropriations: $677,596.67 -- -- BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon receipt of the above unanticipated funds, is hereby authorized and directed to place funds in said items, as set forth above. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 20th day of June AD 2007. Mayor Di Gennaro Mayor Pro Tern Spehar Commissioner McCoy Commissioner Neugent Commissioner Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mayor/Chairman (Seal) Attest: DANNY L. KOLHAGE, Clerk Item 16 uant cce kc771 07-086153807 OMB Schedule Item Number 17 Resolution No. - 2007 A RESOLUTION CONCERNING THE RECEIPT OF UNANTICIPATED FUNDS WHEREAS, it is necessary for the Board of County Commissioners of Monroe County, Florida, to increase items to account for unanticipated funds in the Monroe County Budget for the Fiscal Year 2007, now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that the following accounts of the Monroe County Budget for the Fiscal Year 2007 be and the same is hereby increased by the amount hereinafter set forth: Fund #125 Governmental Fund Type Grants Cost Center # 50516 Transp. Ping. Program 07-09 CFDA# 20.205 Fin. Proj. #25222811407 Function# 5400 Activity# 5490 Official Div# 1015 Project: GW0702 Tnsp Ping. Assistance GW0703 Fl. Keys Scenic Hwy Coord GW0704 LCP Con. Enhncmt. PIn Revenue: 125-50516-3314900T -GW0702 125-50516-381148GT -GW0702 125-50516-3314900T-GW0703 125-50516-381148GT -GW0703 125-50516-3314900T -GW0704 125-50516-381148GT -GW0704 Federal Grants- Transp Tnsfr fm Fund 148 Federal Grants- Transp Tnsfr fm Fund 148 Federal Grants- Transp Tnsfr fm Fund 148 $116,800.00 18,100.00 83,950.00 11,050.00 164,250.00 22,992.85 Total Revenue $417,142.85 Appropriations: 125-50516-530490-GW0702-530310 125-50516-530490-GW0703-510120 125-50516-530490-GW0704-530310 Prof. Services Reg. Salaries & Wages Prof. Services $ 95,000.00 134,900.00 187,242.85 Total Appropriations: $417,142.85 BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon receipt of the above unanticipated funds, is hereby authorized and directed to place funds in said items, as set forth above. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 20th day of June AD 2007. Mayor Di Gennaro Mayor Pro Tem Spehar Commissioner McCoy Commissioner Neugent Commissioner Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mayor/Chairman (Seal) Attest: DANNY L. KOLHAGE, Clerk Item 17 uant fund 125 DOT grant 50516 Tnsp Ping Prog. 07-09 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: June 20. 2007 Division: Budget & Finance Bulk Item: Yes ~ No Department: OMB Dept. Contact: Salvatore Zappulla x4444 AGENDA ITEM WORDING: Approval to renew a contract for Financial Advisory Services with Public Financial Management, Inc. (PFM), Financial Advisor to Monroe County. ITEM BACKGROUND: Extend services for one additional year, beginning April 21, 2007. Monroe County had completed the RFQ process in 2004 and wishes to continue services with PFM. PREVIOUS REVELANT BOCC ACTION: On March 15,2006, the BOCC approved a Contract Renewal with PFM. PFM has been under contract as the Financial Advisor to Monroe County since 1986. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval TOTAL COST: $2.500/month BUDGETED: Yes ~ No COST TO COUNTY: $2.500/month SOURCE OF FUNDS: General Funds REVENUE PRODUCING: Yes No X AM+TPE~MONTH Year APPROVED BY: County Atty 7f-MJC/OMB/purchaSin~~ Manageme~. DIVISION DIRECTOR APPROVAL: ~. ~ ~ /' salvatore~ DOCUMENTATION: Included X To Follow_ Not Required_ DISPOSITION: AGENDA ITEM # Revised 2/27/01 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Public Financial Mgmt. Contract #_ Effective Date: 4/21/2007 Expiration Date: 4/21/2008 Contract Purpose/Description: Renew agreement with Public Financial Management, Inc. for one additional year. Contract Manager: Salvatore Zappulla 4444 Budget & Finance Stop #1 (Name) (Ext.) (Department/Stop #) for BOCC meeting on 6120/07 Agenda Deadline: 6/5/07 CONTRACT COSTS Total Dollar Value of Contract: $ $30,000 Current Year Portion: $ $15,000 Budgeted? Yes~ No D Account Codes: 001-00101-530310-_-_ Grant: $ _-_-_-_-_ County Match: $ _-_-_-_-_ - - - - ----- ADDITIONAL COSTS Estimated Ongoing Costs: $~yr For: (Not included in dollar value above) (eg. maintenance, utilities, ianitorial, salaries, etc.) CONTRACT REVIEW Division Director Date Out Date In Risk Management o .M.B./Purchasing County Attorney ~~/o I co:;::; ;t/?;d., ~ Ji~ !f;,~ ~::J~ *I~~ OMB Form Revised 2/27/01 MCP #2 Contract Renewal This renewal is made and entered into this 21 st day of April, 2007 between Monroe County called the "County", and Public Financial Management, Inc., called "Financial Advisor" in order to renew the agreement entered into on April 21, 2004. Whereas, the current agreement is due to expire and Monroe County desires to extend the agreement an additional year. Now, Therefore in consideration of the mutual terms, understandings, conditions, promises, covenants, and payments hereinafter set for the, County and Financial Advisor agree as follows: Section 1. Recitals. The above recitals are true and correct and incorporated herein. Section 2. Term. This agreement is hereby extended for one year from the date of expiration of the current agreement. Section 3. Notices. The County party shall read: For Monroe County Thomas J. Willi, County Administrator 1100 Simonton Street Key West, FL 33040 Section 4. Financial Advisor's Representatives. The following named individuals from Financial Advisor's shall provide the services set forth in this agreement: Mr. Hal Canary, Managing Director Mr. David Miller, Managing Director Mr. David Moore, Managing Director TEAM MEMBERS Hal Canary, Managing Director David Miller, Managing Director David Moore, Managing Director Kelly Ryman, Senior Managing Consultant Jay Glover, Senior Managing Consultant Lauren Shelton, Consultant Section 5. Other Conditions. All other conditions of the Agreement shall remain in full force effect. In Witness Whereof, the parties have hereunto set their hands and seal, the day and year first written above. (Seal) Attest Danny L. Kolhage, Clerk Board of County Commissioners of Monroe County, Florida By Deputy Clerk Mayor Public Financi I Management, Inc. MONROE COUNTY ATTOR APPROVED AS T F ~ATILEENE W. CA SEL ASSISTA~ COUNTY ATTORNEY Date -7 -:J/Ol . ~,f- Contract Renewal This renewal is made and entered into this 15th day of March, 2006 between Monroe County called the "County", and Public Financial Management, Inc., called "Financial Advisor" in order to renew the agreement entered into on April 21, 2004. Whereas, the current agreement is due to expire and Monroe County desires to extend the agreement an additional year. Now, Therefore in consideration of the mutual terms understandings, conditions, promises, covenants, and payments hereinafter set for the, County and Financial Advisor agree as follows: Section 1. Recitals. The above recitals are true and correct and incorporated herein. Section 2. Term. This agreement is hereby extended for one year from the date of expiration of the current agreement. Section 3. Notices. The County party shall read: For Monroe County Thomas J. Willi, County Administrator 1100 Simonton Street Key West, FL 33040 Section 4. Financial Advisor's Representatives. The following named individuals from Financial Advisor's shall provide the services set forth in this agreement: Mr. Hal Canary, Managing Director Mr. David Miller, Managing Director Mr. David Moore, Managing Director TEAM MEMBERS Hal Canary, Managing Director "ry,t . David Miller, Managing Director David Moore, Managing Director Kelly Ryman, Senior Managing Consultant Jay Glover, Senior Managing Consultant Lauren Shelton, Consultant Section 5. Other Conditions. All other conditions of the Agreement shall remain in full force effect. Cl 0:::: o (..) W et:: OC o lJ... C1 W .....I u.. N ..:$' .. ~ ::c Q.. ..:$' N Q::: < :c - c:::a c:>> C"ooI <! ~ -oJ ..... ll.. ;:..-:~ ,l'-'l- f) 'Z :i:;2:::;l .uo ..J .u >-xw z-1o %'-'0:: 4: :z: c ~ Board of County Commissioners Of Monroe ty, Florida Mayor By: DANNY L. KOLHA GE CLERK OF THE CIRCUIT COURT DA TE: Apnl I j 2005 TO: :;,alvafore Zappulla. /)ireClor Office olManagemenf & Rudgel r~,~ I '. .; '7F'lj"'-17 I jJp{)" '-'. r 113\/. . 1. s 2D05 / -_!..:~:~:~>_ f -~/ _1 FROM: Pamela c; Hancr;;Cfic..;~ '_~ . y) /)epufy Clerk . At the March ]6, 2005, Board of County Commissioner's meeting the Board granted approval and authorized execution of a Contract Renewal for Financial Advisory Services between Monroe County and Public Financial Management, lnc (PFM), financial advisors to Monroe County. Enclosed are two duplicate originals of the above-mentioned for your handling Should you have any questions please feel free to contact our office. cc: County Attomcy Finance File Contract Renewal This renewal is made and entered into this 16th day of March, 2005 between Monroe County called the "County", and Public Financial Management, Inc., called "Financial Advisor" in order to renew the agreement entered into on April 21,2004. Whereas, the current agreement is due to expire and Monroe County desires to extend the agreement an additional year. Now, Therefore in consideration of the mutual terms understandings, conditions, promises, covenants, and payments hereinafter set for the, County and Financial Advisor agree as follows: Section 1. Recitals. The above recitals are true and correct and incorporated herein. Section 2. Term. This agreement is hereby extended for one year from the date of expiration of the current agreement. Section 3. Notices. The County party shall read: For Monroe County Thomas 1. Willi, County Administrator 1100 Simonton Street Key West, FL 33040 Section 4. Financial Advisor's Representatives. The following named individuals from Financial Advisor's shall provide the services set forth in this agreement: Mr. Hal Canary, Managing Director Mr. David Miller, Managing Director Mr. David Moore, Managing Director TEAM MEMBERS Hal Canary, Managing Director David Miller, Managing Director David Moore, Managing Director Kelly Ryman, Senior Managing Consultant Jay Glover, Senior Managing Consu Itant Lauren Shelton, Consultant Section 5. Other Conditions. All other conditions of the Agreement shall remain in full force effect. In Witness Whereof, the parties have hereunto set their hands and seal, the day and year first written above. (Seal) Attest Danny L. Kolhagc, Clerk Board of County COlllmissioners Of Monroe County, Florida _~;; ..>n ~aV Mayor DIXIE M. SPEHAR ,//-;7 /~;? I . '.' I;i . By I A'-"~L+//)L~r'- q , c,:._/ Deputy Clci:k Public Financial Management By.I/tfa;C~J T'tlC~J4J~~ iVlO~iHCc (,;U;-.: :\/ ATTORNr:' , OVED'~ ~. S ZANNE A. T ON .- )"t2f~_._~~NT.:~~r.~~,_. AN AGREEMENT BETWEEN MONROE COUNTY AND PUBLIC FINANCIAL MANAGEMENT, INC. FOR FINANCIAL ADVISORY SERVICES This agreement, made and entered into this~ /..a.t day of ~ 2004, by and between Monroe County, hereinafter called the "County" and Public Financial Management, Inc., authorized to do business in the State of Florida (hereinafter called the Financial Advisor or "PFM") sets forth the terms and conditions under which the Financial Advisor shall provide services. WITNESSEm WHEREAS, the COWlty issued a Request for Proposal for Financial Advisory Services and PFM was selected by the Board of County Commissioners: and WHEREAS, PFM has served the COWlty since 1986, and: WHEREAS, Monroe County has extended said contract annually for services, and: WHEREAS, Monroe County has completed a RFQ process for Financial Advisory Services and: WHEREAS, the County and PFM have mutually agreed to extend services under the same scope of services and compensation originally negotiated, NOW, THEREFORE, in consideration of the above mentioned premises and for the purposes of this Agreement and the various covenants, conditions, terms and provisions which follow: L SCOPE OF SERVICES PFM shall provide, upon request of the County Administrator or COWlty Commission, services related to financial planning and policy development and services related to debt issuance. The services provided shall include but not necessarily be limited to the following: 1. Services related to t'e FinaDda' PIa.nill2 and Policv Develoome.t UDOD reouest of tile County: · Assist the County in the formulation of Financial and Debt Policies and Administrative Procedures. · Review current debt structure, identifYing strengths and weaknesses of structure so that future debt issues can be structured to maximize ability to finance future capital needs. This will include, but not be limited, to reviewing existing debt for the possibility of refunding that debt to provide the County with savings. · Analyze future debt capacity to determine the County's ability to raise future debt capital. · Assist the County in the development of the County's Capital Improvement Program by identifYing sources of capital funding for infrastructure needs. · Assist the County with the development of the County's Financial Plan by assessing capital needs, identifying potential revenue sources, analyze financing ahernatives such as pay-as-you-go, leaselpurchasing, short-term financings. assessments, user fees, impact fees., developer contributions, public/private projects, and grants and provide analysis of each alternative as required as to the budgetary and financial impact · Review the reports of accountants, independent engineers and other project feasibility consultants to ensure that such studies adequately address technical, economic, and financial risk factors affecting the marketability of any proposed revenue debt issues: provide bond market assumptions necessary for financial projections included in these studies: attend all relevant working sessions regarding the preparations, review and completion of such independent studies: and provide written comments and recommendations regarding assumptions, analytic methods, and conclusions contained therein. Page I · Develop, manage and maintain computer models for long-tenn capita) planning which provide for inputs regarding levels of ad valorem and non-ad valorem taxation, growth rates by operating revenue and expenditure item, timing, magnitude and cost of debt issuance, and project operating and capital balances, selected operating and debt ratios and other financial performances measures as may be determined by the County · Provide debt services schedules reflecting varying interest rates, issue sizes, and maturity structures as these are needed for feasibility consultants or for related County fiscal planning: and · Attend meetings with staff: consultants and County Commission. The County will make a reasonable effort to schedule meetings and consolidate issues to minimize the travel inconvenience to PFM. · Review underwriter's proposals and submit a written analysis of same to the County. · Undertake any and all other fmancial planning and policy development assignments made by the County regarding bond and other financings, and financial policy including budget, tax, cash management issues and related fiscal policy and programs. · Assist the County in preparing financial presentations for public hearings and/or referendums. · Provide special financial services as requested by the County. 2. Services Related to Debt Transactions (Indude sltort term financin2S. notes. loans. letters of credit.. line of credit and bonds.) Uoon tbe reouest oftbe County: · Analyze financial and economic factors to determine if the issuance of bonds is appropriate. · Develop a financing plan in concert with County's staff which would include recommendations as to the timing and number of series ofbonds to be issued. · Assist the County by recommending the best method of sale, either as a negotiated sale, private placement or a public sale. In a public sale, make recommendation as to the determination of the best bid. In the event of a negotiated sale, assist in the solicitation, review and evaluation of any investment banking proposals, and provide advice and information necessary to aid in such selection. · Advise as to the various financing alternatives available to the County. · Develop alternatives related to Debt Transaction including evaluation of revenues available, maturity schedule and cash flow requirements. · Identity key bond features and advise provisions regarding security, reserve fund, flow of funds, redemption provisions, additional parity debt test, etc. · Evaluate benefits of Bond Insurance and/or security insurance for Debt Reserve Fund. · If appropriate, develop credit rating presentation and coordinate with the County the overall presentation to rating agencies. · Assist the County in the procurement of other services relating to debt issuance such as Printing, Paying Agent, Registrar, etc. · Identity key bond covenant features and advise on provisions to be included in bond resolutions regarding security, creation of reserve funds, flow of funds, redemption provisions, additional parity debt test, etc.; review and comment on successive drafts of bond resolutions. · Review the requirements and submit analysis of Insurance, rating agencies and other professionals as they pertain to the County's obligation. Page 2 · Review the terms, conditions and structure of any proposed debt offering undertaken by the County and provide suggestions, modifications and enhancements where appropriate and necessary to reflect the constraints or current fmanciaI policy and fiscal capability. · Prepare the preliminary and fmal official statement and coordinate with the County the appropriate data, disclosure information and pertinent factors regarding the County and the proposed financing program. · Provide regular updates of tax-exempt bond market conditions and advise the County as to the most advantageous timing for issuing its debt. · Advise the County on the condition of the bond market at the time of sale, including volume, timing considerations, competing offerings, and general economic considerations. · Assist and advise the County in negotiations with investment banking groups regarding fees, pricing of the bonds and final terms of any security offerings, and make in writing definitive recommendations regarding a proposed offering. Provide assurance that the pricing of the bonds is the lowest price based on existing market conditions. If the bond issue is competitive, the services of the financial advisor will be modified to reflect that process. 3. Special Services. upon reouest of tbe County: PFM shall provide special services that will include, but not be limited to, the following: 1. Impact fee financial analysis 2. Grantsmanship 3. Rate analysis 4. Management analysis 5. Referendum analysis 6. Legislative initiatives II. WORK SCHEDULE The services of the Financial Advisor are to commence as soon as practicable after the execution of this Agreement and a request by the County fur such service, and shall be undertaken for each financial transaction or project and completed as to assure completion in a manner and time which are in accordance with the purpose of this Agreement. Services which are not related to a particular transaction shall be completed as agreed between the County and the fmancial Advisor. III. FINANCIAL ADVISORY COMPENSATION For the services described, PFM's professional fees and expenses shall be paid as follows: I. For services related to financial planning and policy development The County shall pay PFM $2,500 monthly for unlimited services. 2. For services related to Debt Transaction, (including Bonds but excluding resource recovery) PFM shall receive $1.00 per $1,000 of debt issued with a minimum transaction fee of $25,000 per transaction. For a refimding and competitive issue, PFM's fee will be an additional $7,500 per transaction per service. 3. For services related to Special Services, PFM shall receive an hourly rate as outlined below: Page 3 HOURLY RATE FEE Managing Director Senior Managing Consultant Managing Consultant Consultant Analyst Clerical Administrative $175.00 $160.00 $150.00 $130.00 $110.00 No charge No charge Reimbursable Exoense In addition to the above, PFM will be compensated for necessary, reasonable, and documented out-of- pocket expense incurred for travel, meals. lodging as in the amounts authorized by Section 112.061, Florida Statutes, telephone, mail, and other ordinary cost and any actual extraordinary cost for graphics, printing, data processing and computer time which are incurred by PFM. Appropriate documentation will be provided. For services and expenses related to financial planning, PFM will invoice the County monthly. For services related to Debt Transaction the County will be invoiced by PFM upon completion of the transaction to be paid from the proceeds of the financing. The County and the Financial Advisor reserve the right, during the term of this Agreement, to review the method of compensation. IV. TERMS AND TERMINATION This agreement shall be for a term of one year commencing upon the date first written above. V. ASSIGNABILITY The Financial Advisor shall not assign any interest in this Agreement or subcontract any of the work performed under the Agreement and shall not transfer any interest in the same without the prior written consent of the COWlty. VI. INFORMA nON TO BE FURNISHED TO THE FINANCIAL ADVISOR All information. data. and reports in the possession of the County necessary for carrying out the work to be perfonned under this Agreement shall be fiunished to the Financial Advisor without charge by the County, and the County shall cooperate with the Financial Advisor in every way possible. VII. NOTICES When either party desires to give notice unto the other, it must be given by written notice, sent by registered United States mail, with return receipt requested, addressed to the party for whom it is intended, at the place last specified, and the place for giving notice in compliance with the provisions of this paragraph. For the present, the parties designate the following as the respective places for giving notice, to- wit: FOR MONROE COUNTY: Mr. Jim Roberts County Administrator 1100 Simonton Street Key West, FL 33040 FOR TIlE FINANCIAL ADVISOR Mr. Hal Canary, Senior Managing Consultant Public Financial Management, Inc. 10100 Deer Run Farms Road, Suite 201 Fort Myers, FL 33912 Page 4 VIII. TITLE TRANSFER The products of this Agreement shall be the sole and exclusive property of the County upon completion or other termination of this Agreement. The Financial Advisor shall deliver to the County copies of any and all material pertaining to the Agreement. IX. FINANCIAL ADVISOR'S REPRESENTATIVES A. Assignment of Named Individuals 1be following named individuals from PFM shall provided the services set forth in this Agreement: Mr. David Miller, Managing Director Mr. Hal Canary, Setrior Managing GeMttltcud. Client Manager Ji{'tc--kr- TEAM MEMBERS David Miller, Managing Director Hal Canary, Senior Managing Consultant. Client Manager Kelly Ryman. Consultant Kyrle Turton. Consultant Rebecca Peterson, Consultant. Orlando Jay Glover, Consultant. Orlando B. Changes in Stall Requested by the Co.nty The County bas the right to request, for any reason, PFM to replace any member of the advisory staff. Should the County make such a request. PFM shall promptly suggest a substitute fOT approval by the County. x. INSURANCE AND INDEMNIFICATION PFM shall indemnify, save and hold the County harmless from any and all claims, suits, judgments, or damages of any kind or description including court costs and attorney's fees arising out ofPFM's errors, omissions or negligent acts in the performance of this agreement. PFM has a comprehensive insurance program (self-insurance) for all types of coverage including, but not limited to comprehensive general liability, professional liability, automobile liability and worker's compensation. PFM will provide an insurance certificate upon request. XI. FINANCIAL ADVISOR'S REPRESENTATIVES PFM shall provide all insurance coverage as required by the County. XlI. MISCELLANEOUS A. PFM 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 bave 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. B. 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 perfonned entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement. the County and PFM agree that venue will lie in the appropriate court or before the appropriate administrative body in Monroe County. Florida. Page 5 The County and PFM agree that, in the event of conflicting interpretations of the tenns or a tenn 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. C. 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 tenDs, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining tenn, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent pennitted 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 PFM 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. D. Attorney's Fees and Costs. The County and PFM 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, cowts 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. E. ,Binding Effect. The terms, covenants, conditions, and provisions of this Agreement shaD bind and inure to the benefit of the County and PFM and their respective legal representatives, successors, and assigns. F. Authority. Each party represents and warrants to the other that the execution, delivery and perfonnance 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. PFM and County agree that eacb 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 PFM agree that all disputes and disagreements shaD be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If no resolution can be agreed upon within 30 days after the first meet and confer session, the issue or issues shall be discussed at a public meeting of the Board of County Commissioners. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. I. Nondiscrimination. County and PFM 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 occWTed, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. County or PFM agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscriminati These include but are not limited to: ]) 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 use S8. 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 OIl 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. 69Od<1-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patent records; 8) Title VIII of the Civil Rights Act of 1968 (42 use s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 use s. 1201 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 ot: this Agreement Page 6 J. 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 PFM 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 PFM specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. K. Covenant of No Interest. County and PFM 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. L. 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 1I2.313, 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 SolicitationlPayment. The County and PFM 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 PFM 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. N. Public Access. The County and PFM shall allow and permit reasonable access to, and inspection of, all docwnents, papers, letters or other materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and PFM in conjunction with this Agreement; and the County shall have the right to unilateraUy cancel this Agreement upon violation of this provision by PFM. O. Non.Waiver of Immunity. Notwithstanding he provisions of Sec. 286.28, Florida Statutes, the participation of the County and the PFM 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. P. Privileges and Immunities. All of the privileges and immunities from liability, exemptions from laws, ordinances, and ruJes and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the County, when performing their respective functions under this Agreement within the territorial limits of the County shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the County. Q. 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 Jaw 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 pennitted by the Florida constitution, state statute, and case law. R. Non-Reliance by Non-Parties. No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or program contempIated hereunder, and the County and the PFM agree that neither the County nor the PFM 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. PFM 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. Page 7 T. 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. U. Execution in Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by singing any such counterpart. V. Section Headings. Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. IN WITNESS TIIEREOF, the County and Financial Advisory have executed this Agreement as of the day and year herein above written. (SEAL) Attest: DANNY L.KOLHAGE, Clerk: n~~ . ; mpu Clerk: Date ~ &". a...y Q). : MY~~15474 (SEAL)' EXPIRES: May 26, 2!JJl I . . Balded 1lW\I NoII!y PlIlIc UndIrwrIn A TIES BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY~~ BY: 2J~ c rf?~ Title ~ ~ Date -.5-/0 - 04- BY: Title ~ () jconPFM '=' 0\ 0::: M L&J .c -' 0 en ~ .... U < '>= w 5 :r:.... 0::: _,c..) I- o .z 0::: ~~:::) 0 ,(...)0 ....J .(..) La.. ~:s1.&J C Z ~ 0 W ~ ;.C(...)~ ...J ...:r < 0 La.. c:::t Q X c:::t '" Page 8 LOBBYING AND CONFLICT OF INTEREST CLAUSE SWORN STATEMENT UNDER ORDINANCE NO. 010-1990 MONROE COUNTY, FLORIDA ETIlICS CLAUSE h'~ . a;. r#~!t.y I warrants that he/it has not employed, retained or otherwise had act on his/its behalf any fonner County officer or employee in violation of Section 2 of Ordinance No. 10-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 10-1990. For breach or violation of this provision the County may, in its discretion, terminate this contract without liability and may also, in its discretion, deduct from the contract or purchase price, or otherwise recover, the full amount of any fee, Date: Fl I, 74d Y STATE OF Florida COUNTY OF Lee PERSONALLY APPEARED BEFORE ME, the undersigned authority, Hal W. Canary who, after first being sworn by me, affixed hislher signature (name of individual signing) in the space provided above on this 1st day of June ,20~. V~g-~~ NOTARY PUBLIC My commission expires: ~ E PIGOTT MY COMMISsIoN , DO 215474 EXPIRES: May 26. 2fJ07 Bonaod n.u HoIaIy NlIlo Undenotton OMB - MCP FORM #4 PUBLIC ENTITY CRIME STATEMENT "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: June 20, 2007 Division: Budaet and Finance Bulk Item: Yes XX No Department: Grants Administration Staff Contact Person: David P. Owens AGENDA ITEM WORDING: Approval of the recommendations of the Substance Abuse Policy Advisory Board concerning the uses of the Edward Byrne Memorial Justice Assistance Grant (JAG) funds, authorization for the County Administrator to execute the fiscal year 2008 FDLE JAG applications, and authorization for the Grants Administrator to proportionately apply any reductions or increases in amounts required by FDLE to applicants relative to amounts approved. ITEM BACKGROUND: Federal funds are provided through the Florida Dept. of Law Enforcement to implement various law enforcement and substance abuse related programs in Monroe County. Proposals submitted to the County were reviewed by the Substance Abuse Policy Advisory Board and its funding recommendations are attached. Contracts with FDLE and the implementing agencies will be entered into at a later date, to take effect October 1, 2007. Applications are due June 29, 2007 at the FDLE office in Tallahassee. Draft applications for proposed programs are attached. PREVIOUS RELEVANT BOCC ACTION: Authorization for the Mayor to execute the fiscal year 2008 Byrne Grant Certification of Participation with the Florida Department of Law Enforcement was approved at the May meeting. By this resolution, the BOCC agrees to serve as the coordinating unit of government in the development of the grant proposals and in the distribution of these grant funds allocated to Monroe County. The County has participated in this program since about 1990. CONTRACT/AGREEMENT CHANGES: not applicable STAFF RECOMMENDATION: Approval TOTAL COST: 140,746.00 COST TO COUNTY: 0.00 BUDGETED: Yes XX No SOURCE OF FUNDS: Federal Grant 100% REVENUE PRODUCING: Yes No XX AMT. PER MONTH YEAR APPROVED BY: COUNTY ATTy.f OMB/PURCHASING ~T. ~~ DIVISION DIRECTOR APPROVAL: ~ "/.I'a / Salvatore R. I DOCUMENTATION: INCLUDED: NOT REQUIRED: DISPOSITION: AGENDA ITEM #: RESOLUTION NO. - 2007 Budget and Finance A RESOLUTION OF THE BOARD OF COMMISSIONERS OF MONROE COUNTY, FLORIDA AUTHORIZING THE SUBMISSION OF A GRANT APPLICATION TO THE FLORIDA DEPARTMENT OF LAW ENFORCEMENT FOR THE FISCAL YEAR 2008 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) PROGRAM WHEREAS, the Florida Department of Law Enforcement has announced the Fiscal Year 2008 funding cycle of the Edward Byrne Memorial Justice Assistance Grant (JAG) Program; and WHEREAS, on May 16,2007, the Monroe County Board of Commissioners agreed to serve as the coordinating unit of government in the preparation of the grant proposals and in the distribution of funds allocated to Monroe County in the amount of $140,746.00 with an additional $0.00 cash match requirement (total of $140,746.00); and WHEREAS, the Monroe County Substance Abuse Policy Advisory Board, with concern given to the County's current drug control efforts, has recommended certain programs receive funding to provide the community with activities focused on drug and alcohol education, prevention, rehabilitation, and treatment; now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that: 1. The Board of County Commissioners concurs with the Monroe County Substance Abuse Policy Advisory Board's recommendations; and that 2. The County Administrator is hereby authorized to sign and submit the application packet for the Fiscal Year 2008 grant funds to the Florida Department of Law Enforcement Edward Byrne Memorial Justice Assistance Grant (JAG) Program; and that 3. This resolution shall become effective immediately upon adoption by the Board of County Commissioners and execution by the Presiding Officer and Clerk. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 20th day of June, A.D., 2007. MONROE COUNTY ATTORNEY AP~~&.1.t!M: YNTHIA L. 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'" ~ ~ ~ -I>-c.n c.nw i"- 00 c.nc.n .., +--1 ':....Jo ~8 0 -1>-0 ![ ~ f 0010 010 ! 800 bb 00 00 ~ 5' cst c =;' c =;" , () e. ::Ie. ;, '< :J' '< It \ <t>~<t> I>> :! Q) ~ " ~ N '" '-'" -=' c<; 'C1i '" ~ z 0 CD en o o o ~ o These standard conditions and other certifications will be part of each of the three individual applications. Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement Standard Conditions Conditions of agreement requiring compliance by units of local government (subgrant recipients), implementing agencies and state agencies upon signed acceptance of the subgrant award appear in this section. Upon approval of this subgrant, the approved application and the following terms of conditions will become binding. Failure to comply with provisions of this agreement will result in required corrective action up to and including project costs being disallowed and termination of the project, as specified in item 17 of this section. 1. All Subgrant Recipients must comply with the financial and administrative requirements set forth in the current edition of the U.S. Department of Justice, Office of Justice Programs (OJP) Financial Guide and Edward Byrne Memorial Justice Assistance Grant (JAG) Program Guidance as well as Florida laws and regulations including the Florida Administrative Code Chapter 110-9, Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program. Further, the Subgrant Recipient agrees to comply with all Federal statutes, regulations, policies, guidelines and requirements, including OMB Circulars A-21, A-110, A-102, A-122, A-133, A-87, as applicable; E.O. 12372 and Uniform Administrative Requirements for Grants and Cooperative Agreements 28 CFR, Part 66, Common Rule and Part 67, Drug-free Workplace. 2. Allowable Costs a. Allowance for costs incurred under the subgrant shall be determined according to the general principles of allowability and standards for selected cost items set forth in the OJP Financial Guide, U.S. Department of Justice Common Rule for State And Local Governments and federal OMB Circular A-87, "Cost Principles for State.. Local and Indian Tribal Governments", or OMS Circular A-21 , "Cost Principles for Educational Institutions". b. All procedures employed in the use of federal funds for any procurement shall be according to U.S. Department of Justice Common Rule for State and Local Governments, or OMS Circular A-11 0, or OMB Circular A-1 02, and Florida law to be eligible for reimbursement. 3. Reports a. Project Performance Reports - JAG Countywide Only (1) Reporting Time Frames:The subgrant recipient shall submit Quarterly Project Performance Reports to the Florida Department of Law Enforcement, hereafter known as the Department, by February 1, May 1, August 1, and within forty-five (45) days after the subgrant termination date. In addition, if the subgrant award period is extended beyond the "original" project period, additional Quarterly Project Performance Reports shall be submitted. Failure to submit Quarterly Performance Reports that are complete, accurate and timely may result in sanctions, as specified in item 17, Performance of Agreement Provisions. (2) Report Contents: Performance reports must include both required sections, the quantitative response (in response to specific objectives and measures) and the qualitative narrative. The narrative must reflect on accomplishments for the quarter, incorporate specific items specified for inclusion in performance measures, and also identify problems with project implementation and address actions being taken to resolve the problems. SFY 2008 Rule Reference 110-9.006 Page 1 DeJG-005 (rev. October 2005) Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement b. Financial Reports (1) Project Expenditure Reports (a) The JAG Countywide subgrant recipient shall have a choice of submitting either a Monthly or a Quarterly Project Expenditure Report to the Department. Monthly Project Expenditure Reports (1-11) are due thirty-one (31) days after the end of the reporting period. Quarterly Project Expenditure Reports (1-3) are due thirty-one (31) days after the end of the reporting period. In addition, if the subgrant award period is extended, additional Project Expenditure Reports shall be submitted. (b) The JAG Direct subgrant recipient shall submit one Project Expenditure Report for the entire subgrant period. (c) All project expenditures for reimbursement of subgrant recipient costs shall be submitted on the Project Expenditure Report Forms prescribed and provided by the Office of Criminal Justice Grants (OCGJ). (d) All Project Expenditure Reports shall be submitted in sufficient detail for proper pre- audit and post-audit. (e) Before the "final" Project Expenditure Report will be processed, the subgrant recipient must submit to the Department all outstanding project reports and must have satisfied all special conditions. Failure to comply with the above provisions shall result in forfeiture of reimbursement. (f) Reports are to be submitted even when no reimbursement is being requested. (2) The Closeout Documentation shall be submitted to the Department within forty-five (45) days of the subgrant termination period. (3) If applicable, the subgrant recipient shall submit Quarterly Project Generated Income Reports to the Department by February 1, May 1, August 1, and within forty-five (45) days after the subgrant termination date covering subgrant project generated income and expenditures during the previous quarter. (See Item 10, Program Income.) c. Other Reports The recipient shall report to the Uniform Crime Report and other reports as may be reasonably required by the Department. 4. Fiscal Control and Fund Accounting Procedures a. The subgrant recipient shall establish fiscal control and fund accounting procedures that assure proper disbursement and accounting of subgrant funds and required non-federal expenditures. All funds spent on this project shall be disbursed according to provisions of the project budget as approved by the Department. b. All expenditures and cost accounting of funds shall conform to OJP Financial Guide (as amended), U.S. Department of Justice Common Rule for State and Local Governments, and federal Office of Management and Budget's (OMB) Circulars A-21 , A-8?, and A-11 0, or A-1 02 as applicable, in their entirety. c. All funds not spent according to this agreement shall be subject to repayment by the subgrant recipient. SFY 2008 Rule Reference 110-9.006 Page 2 OCJG-005 (rev. October 2005) Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement 5. Payment Contingent on Appropriation and Available Funds The State of Florida's performance and obligation to pay under this agreement is contingent upon an annual appropriation by the Florida Legislature. Furthermore, the obligation of the State of Florida to reimburse subgrant recipients for incurred costs is subject to available federal funds. 6. Obligation of Subgrant Recipient Funds Subgrant funds shall not under any circumstances be obligated prior to the effective date or subsequent to the termination date of the subgrant period. Only project costs incurred on or after the effective date and on or prior to the termination date of the subgrant recipient's project are eligible for reimbursement. 7. Advance Funding a. JAG Countywide - Advance funding may be authorized for up to twenty-five (25) percent of the federal award for each project according to Section 216.181 (16)(b), Florida Statutes, the OJP Financial Guide, and the U.S. Department of Justice Common Rule for State and Local Governments. Advance funding shall be provided to a subgrant recipient upon a written request to the Department. This request, shall be either enclosed with the subgrant application or submitted to the Department prior to the first request for reimbursement. Justification should address a 30/60/g0-day need for cash based on the budgeted activities for the period. b. JAG Direct - The Department shall award program funds to the recipient in a single, lump sum payment. 8. Trust Funds a. The unit of local government must establish a trust fund in which to deposit JAG funds. The trust fund mayor may not be an interest bearing account. b. The account may earn interest, but any earned interest must be used for program purposes and expended before the subgrant end date. 9. Travel and Training a. All travel expenses relating to field trips with youth requires written approval of the Department prior to commencement of actual travel. c. The cost of all travel shall be reimbursed according to local regulations, but not in excess of provisions in Section 112.061, Florida Statutes. d. All bills for any travel expenses shall be submitted according to provisions in Section 112.061, Florida Statutes. 10. Program Income (also known as Project Generated Income) Program income means the gross income earned by the subgrant recipient during the subgrant period, as a direct result of the subgrant award. Program income shall be handled according to the OJP Financial Guide and U.S. Department of Justice Common Rule for State and Local Governments (reference 31 CFR Part 206 - Management of Federal Agency Receipts, Disbursements, and Operation of The Cash Management Improvement Fund). SFY 2008 Rule Reference 110-9.006 Page 3 OCJG-005 (rev. October 2005) Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement 11. Approval of Consultant Contracts The Department shall review and approve in writing all consultant contracts prior to employment of a consultant when their rate exceeds $450 (excluding travel and subsistence costs) for an eight-hour day. Approval shall be based upon the contract's compliance with requirements found in the OJP Financial Guide, U.S. Department of Justice Common Rule for State and Local Governments, and in applicable state statutes. The Department's approval of the subgrant recipient agreement does not constitute approval of consultant contracts. 12. Property Accountability a. The subgrant recipient agrees to use all non-expendable property for criminal justice purposes during its useful life or request Department disposition. b. The subgrant recipient shall establish and administer a system to protect, preserve, use, maintain and dispose of any property furnished to it by the Department or purchased pursuant to this agreement according to federal property management standards set forth in the OJP Financial Guide, U.S. Department of Justice Common Rule for State and Local Governments or the federal OMB Circular A-11 0 or A-102, as applicable. This obligation continues as long as the subgrant recipient retains the property, notwithstanding expiration of this agreement. 13. Ownership of Data and Creative Material Ownership of material, discoveries, inventions, and results developed, produced, or discovered subordinate to this agreement is governed by the terms of the OJP Financial Guide (as amended), and the U.S. Department of Justice Common Rule for State and Local Governments, or the federal OMB Circular A-11 0 or A-1 02, as applicable. 14. Copyright The awarding agency reserves a royalty-free non-exclusive, and irrevocable license to reproduce, publish, or otherwise use, and authorize others to use, for Federal government purposes: a. The copyright in any work developed under an award or subaward, and b. Any rights of copyright to which a subgrant recipient or subrecipient purchases ownership with support funded under this grant agreement. 15. Publication or Printing of Reports The subgrant recipient shall submit one copy of all reports and proposed publications resulting from the agreement twenty (20) days prior to public release. Any publications (written, visual, or sound), whether published at the recipient's or government's expense, shall contain the following statement: (NOTE: This excludes press releases, newsletters, and issue analysis.) "This project was supported by grant funds awarded by the Bureau of Justice Assistance, Office of Justice Programs, U.S. Department of Justice. Points of view in this document are those of the author and do not necessarily represent the official position or policies of the U.S. Department of Justice." 16. Audit a. Subgrant recipients that expend $500,000 or more in a year in Federal awards shall have a single or program-specific audit conducted for that year. The audit shall be performed in accordance with the federal OMB Circular A-133 and other applicable federal law. The SFY 2008 Rule Reference 11 D-9.006 Page 4 OCJG-005 (rev. October 2005) Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement contract for this agreement shall be identified in The Schedule of Federal Financial Assistance in the subject audit. The contract shall be identified as federal funds passed through the Florida Department of Law Enforcement and include the contract number, CFDA number, award amount, contract period, funds received and disbursed. When applicable, the subgrant recipient shall submit an annual financial audit that meets the requirements of Sections 11.45 and 215.97, Florida Statutes, and Chapters 10.550 and 10.600, Rules of the Florida Auditor General. b. A complete audit report that covers any portion of the effective dates of this agreement must be submitted within 30 days after its completion, but no later than nine (9) months after the audit period. In order to be complete, the submitted report shall include any management letters issued separately and management's written response to all findings, both audit report and management letter findings. Incomplete audit reports will not be accepted by the Department and will be returned to the subgrant recipient. c. The subgrant recipient shall have all audits completed by an Independent Public Accountant (IPA). The IPA shall be either a Certified Public Accountant or a Licensed Public Accountant. d. The subgrant recipient shall take appropriate corrective action within six (6) months of the issue date of the audit report in instances of noncompliance with federal laws and regulations. e. The subgrant recipient shall ensure that audit working papers are made available to the Department, or its designee, upon request for a period of three (3) years from the date the audit report is issued, unless extended in writing by the Department. f. Subgrant recipients that expend less than $500,000 in Federal awards during a fiscal year are exempt from the audit requirements of OBM Circular A-133 for that fiscal year. In this case, written notification, which can be in the form of the "Certification of Audit Exemption" form, shall be provided to the Department by the Chief Financial Officer, or designee, that the subgrant recipient is exempt. This notice shall be provided to the Department no later than March 1 following the end of the fiscal year. g. If this agreement is closed out without an audit, the Department reserves the right to recover any disallowed costs identified in an audit completed after such closeout. h. The completed audit report or notification of non-applicability should be sent to the following address: Florida Department of Law Enforcement Office of Criminal Justice Grants 2331 Phillips Road Tallahassee, Florida 32308 17. Performance of Agreement Provisions In the event of default, non-compliance or violation of any provision of this agreement by the subgrant recipient, the subgrant recipient's consultants and suppliers, or both, the Department shall impose sanctions it deems appropriate including withholding payments and cancellation, termination, or suspension of the agreement in whole or in part. In such event, the Department shall notify the subgrant recipient of its decision thirty (30) days in advance of the effective date of such sanction. The subgrant recipient shall be paid only for those services satisfactorily performed prior to the effective date of such sanction. SFY 2008 Rule Reference 110-9.006 Page 5 OCJG-005 (rev. October 2005) Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement 18. Commencement of Project a. If a project has not begun within sixty (60) days after acceptance of the subgrant award, the subgrant recipient shall send a letter to the Department indicating steps to initiate the project, reason for delay and request a revised project starting date. b. If a project has not begun within ninety (90) days after acceptance of the subgrant award, the subgrant recipient shall send another letter to the Department, again explaining the reason for delay and request another revised project starting date. c. Upon receipt of the ninety (90) day letter, the Department shall determine if the reason for delay is justified or shall, at its discretion, unilaterally terminate this agreement and re- obligate subgrant funds to other Department approved projects. The Department, where warranted by extenuating circumstances, may extend the starting date of the project past the ninety (90) day period, but only by formal written amendment to this agreement. 19. Excusable Delays a. Except with respect to defaults of consultants, the subgrant recipient shall not be in default by reason of any failure in performance of this agreement according to its terms (including any failure by the subgrant recipient to make progress in the execution of work hereunder which endangers such performance) if such failure arises out of causes beyond the control and without the fault or negligence of the subgrant recipient. Such causes include, but are not limited to, acts of God or of the public enemy, acts of the government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather, but in every case, the failure to perform shall be beyond the control and without the fault or negligence of the subgrant recipient. b. If failure to perform is caused by failure of a consultant to perform or make progress, and if such failure arises out of causes beyond the control of subgrant recipient and consultant, and without fault or negligence of either of them, the subgrant recipient shall not be deemed in default, unless: (1) Supplies or services to be furnished by the consultant were obtainable from other sources, (2) The Department ordered the subgrant recipient in writing to procure such supplies or services from other sources, and (3) The subgrant recipient failed to reasonably comply with such order. c. Upon request of the subgrant recipient, the Department shall ascertain the facts and the extent of such failure, and if the Department determines that any failure to perform was occasioned by one or more said causes, the delivery schedule shall be revised accordingly. 20. Written Approval of Changes in this Approved Agreement Subgrant recipients shall obtain approval from the Department for major substantive changes. These include, but are not limited to: a. Changes in project activities, target populations, service providers, implementation schedules, designs or research plans set forth in the approved agreement; SFY 2008 Rule Reference 110-9.006 Page 6 OeJG-005 (rev. October 2005) Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement b. Budget deviations that do not meet the following criterion. That is, a subgrant recipient may transfer funds between budget categories as long as the total amount of transfer does not exceed ten (10) percent of the total approved budget and the transfer is made to an approved budget item; or, c. Transfers of funds above the ten (10) percent cap shall be made only if a revised budget is approved by the Department. Transfers do not allow for increasing the quantitative number of items documented in any approved budget item, Le., increasing the quantity of equipment items in Operating Capital Outlay or Expense categories, or staff positions in the Salaries and Benefits category.) d. Under no circumstances can transfers of funds increase the total budgeted award. 21. Disputes and Appeals a. The Department shall make its decision in writing when responding to any disputes, disagreements or questions of fact arising under this agreement and shall distribute its response to all concerned parties. The subgrant recipient shall proceed diligently with the performance of this agreement according to the Department's decision. b. If the subgrant recipient appeals the Department's decision, the appeal also shall be made in writing within twenty-one (21) calendar days to the Department's clerk (agency clerk). The subgrant recipient's right to appeal the Department's decision is contained in Chapter 120, Florida Statutes, and in procedures set forth in Rule 28-106.104, Florida Administrative Code. Failure to appeal within this time frame constitutes a waiver of proceedings under Chapter 120, Florida Statutes. 22. Conferences and Inspection of Work Conferences may be held at the request of any party to this agreement. At any time, a representative of the Department, of the U.S. Department of Justice, or the Auditor General of the State of Florida, have the privilege of visiting the project site to monitor, inspect and assess work performed under this agreement. 23. Access To Records a. The Department of Law Enforcement, the Auditor General of the State of Florida, the U.S. Department of Justice, the U.S. Comptroller General or any of their duly authorized representatives, shall have access to books, documents, papers and records of the subgrant recipient, implementing agency and contractors for the purpose of audit and examination according to the OJP Financial Guide (as amended), and the U.S. Department of Justice Common Rule for State and Local Governments. b. The Department reserves the right to unilaterally terminate this agreement if the subgrant recipient, implementing agency, or contractor refuses to allow public access to all documents, papers, letters, or other materials subject to provisions of Chapter 119, Florida Statutes, and made or received by the subgrant recipient or its contractor in conjunction with this agreement. 24. Retention of Records The subgrant recipient shall maintain all records and documents for a minimum of three (3) years from the date of the final financial statement and be available for audit and public disclosure upon request of duly authorized persons. SFY 2008 Rule Reference 110-9.006 Page 7 OCJG-005 (rev. October 2005) Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement 25. Signature Authority The Subgrant Recipient Authorizing Official or Designated Representative and the Implementing Agency Official, Administrator or Designated Representative, who sign the Signature Page, have the authority to request changes to the approved agreement. The prior mentioned individuals have authority to sign or make amendments to the Sole Source, ADP Justification and the Privacy Certification forms. The Project Director has authority to submit requests for approval of specific travel, and Performance Reports, with the exception of the Financial and Closeout Package, which also requires the signature by the Chief Financial Officer of the Subgrant Recipient or authorized designee. 26. Delegation of Signature Authority When the authorized official of a subgrant recipient or the implementing agency designates some other person signature authority for him/her, the chief officer or elected official must submit to the Department a letter or resolution indicating the person given signature authority. The letter indicating delegation of signature authority must be signed by the chief officer or elected official and the person receiving signature authority. The letter must also specify the authority being delegated. 27. Personnel Changes Upon implementation of the project, in the event there is a change in Chief Executive Officers for the Subgrantee or Implementing Agency, Project Director, or Contact Person, the Department must be notified in writing with documentation to include appropriate signatures. 28. Background Check Whenever a background screening for employment or a background security check is required by law for employment, unless otherwise provided by law, the provisions of Chapter 435, Florida Statutes shall apply. a. All positions in programs providing care to children, the developmentally disabled, or vulnerable adults for 15 hours or more per week; all permanent and temporary employee positions of the central abuse hotline; and all persons working under contract who have access to abuse records are deemed to be persons and positions of special trust or responsibility and require employment screening pursuant to Chapter 435, F.S., using the level 2 standards set forth in that chapter. b. All employees in positions designated by law as positions of trust or responsibility shall be required to undergo security background investigations as a condition of employment and continued employment. For the purposes of the subsection, security background investigations shall include, but not be limited to, employment history checks, fingerprinting for all purposes and checks in this subsection, statewide criminal and juvenile records checks through the Florida Department of Law Enforcement, and federal criminal records checks through the Federal Bureau of Investigation, and may include local criminal records checks through local law enforcement agencies. (1) Any person who is required to undergo such a security background investigation and who refuses to cooperate in such investigation or refuses to submit fingerprints shall be disqualified for employment in such position or, if employed, shall be dismissed. (2) Such background investigations shall be conducted at the expense of the employing agency. When fingerprinting is required, the fingerprints of the employee or applicant for employment shall be taken by the employing agency or by an authorized law enforcement officer and submitted to the Department of Law Enforcement for SFY 2008 Rule Reference 110-9.006 Page 8 OCJG-005 (rev. October 2005) Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement processing and forwarding, when requested by the employing agency, to the United States Department of Justice for processing. The employing agency shall reimburse the Department of Law Enforcement for any costs incurred by it in the processing of the fingerprints. 29. Drug Court Projects a. A Drug Court Project funded by the JAG Grant Program must contain the 10 key elements outlined in the U.S. Department of Justice, Office of Justice Programs, Drug Courts Program Office, program guidelines "Defining Drug Courts: The Key Components", January 1997. This document can be obtained from FDLE, Office of Criminal Justice Grants, at (850) 410-8700. b. To ensure more effective management and evaluation of drug court programs, the subgrant recipient agrees that drug court programs funded with this award shall collect and maintain follow-up data on criminal recidivism and drug use relapse of program participation. The data collected must be available to U.S. DOJ and FDLE upon request. 30. Overtime for Law Enforcement Personnel Prior to obligating funds from this award to support overtime by law enforcement officers, the U.S. Department of Justice encourages consultation with all allied components of the criminal justice system in the affected jurisdiction. The purpose of this consultation is to anticipate and plan for systemic impacts such as increased court dockets and the need for detention space. 31. Criminal Intelligence System a. The purpose of the federal regulation published in 28 CFR Part 23 - Criminal Intelligence Systems Operating Policies is to assure that subgrant recipients of federal funds for the principal purpose of operating a criminal intelligence system under the Omnibus Crime Control and Safe Streets Act of 1968, 42 U.S.C. 3701, et seq., as amended, use those funds in conformance with the privacy and constitutional rights of individuals. b. The subgrant recipient and a criminal justice agency that is the implementing agency agree to certify that they operate a criminal intelligence system in accordance with Sections 802(a) and 818(c) of the Omnibus Crime Control and Safe Streets Act of 1968, as amended and comply with criteria as set forth in 28 CFR Part 23 - Criminal Intelligence Systems Operating Policies and in the Bureau of Justice Assistance's Formula Grant Program Guidance. Submission of this certification is a prerequisite to entering into this agreement. c. This certification is a material representation of fact upon which reliance was placed when this agreement was made. If the subgrant recipient or criminal justice agency operates a criminal intelligence system and does not meet Act and federal regulation criteria, they must indicate when they plan to come into compliance. Federal law requires a subgrant-funded criminal intelligence system project to be in compliance with the Act and federal regulation prior to the award of federal funds. The subgrant recipient is responsible for the continued adherence to the regulation governing the operation of the system or faces the loss of federal funds. The Department's approval of the subgrant recipient agreement does not constitute approval of the subgrant-funded development or operation of a criminal intelligence system. 32. Confidential Funds A signed certification that the project director or the head of the Implementing Agency has read, understands, and agrees to abide by all of the conditions for confidential funds as set forth in the effective edition of OJP's Financial Guide is required from all projects that are involved with confidential funds from either Federal or matching funds. The signed certification must be submitted at the time of grant application. SFY 2008 Rule Reference 110-9.006 Page 9 OeJG-005 (rev. October 2005) Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement 33. Equal Employment Opportunity (EEO) a. No person, on the grounds of race, creed, color or national origin shall be excluded from participation in, be refused benefits of, or otherwise subjected to discrimination under grants awarded pursuant to Title VI of the Civil Rights Act of 1964; Section 504 of the Rehabilitation Act of 1973, as amended; Title IX of the Education Amendments of 1972; The Age Discrimination Act of 1975; and, Department of Justice Non-Discrimination Regulations 28 CFR Part 42, Subparts C, D, E, F, G and H. b. The subgrant recipient and the implementing agency agree to certify that they either do or do not meet EEO program criteria as set forth in Section 501 of The Federal Omnibus Crime Control and Safe Streets Act of 1968, as amended and that they have or have not formulated, implemented and maintained a current EEO Program. Submission of this certification is a prerequisite to entering into this agreement. This certification is a material representation of fact upon which reliance was placed when this agreement was made. If the subgrant recipient or implementing agency meet Act criteria but have not formulated, implemented and maintained such a current written EEO Program, they have 120 days after the date this agreement was made to comply with the Act or face loss of federal funds subject to the sanctions in the Justice System Improvement Act of 1979, Pub. L. 96-157, 42 U.S.C. 3701, et seq. (Reference Section 803 (a) of the Act, 42 U.S.C. 3783 (a) and 28 CFR Section 42.207 Compliance Information). c. Any subgrant recipient or implementing agency receiving a single grant award for $500,000 or more OR an aggregate of grant awards for $1,000,000 or more during any 18 month period in federal funds, must have approval of its EEO Plan by the U.S. DOJ, Office for Civil Rights (OCR). The subgrantee shall submit its EEO Plan to FDLE, for submittal to the U.S. DOJ, OCR for approval. The submission shall be in both paper copy and electronic format. If the U.S. DOJ, OCR has approved an agency's EEO Plan during the two previous years, it is not necessary to submit another EEO Plan. Instead, the subgrantee need only send a copy of its approval letter from the OCR. However, if the EEO Plan approval is more than two years old, an updated Plan must be submitted. d. In the event a Federal or State court of Federal or State administrative agency makes a finding of discrimination after a due process hearing on the grounds of race, color, religion, national origin, sex, or disability against a recipient of funds, the recipient will forward a copy of the finding to the Office for Civil Rights, Office of Justice Programs. 34. Americans with Disabilities Act Subgrantees must comply with the requirements of the Americans with Disabilities Act (ADA), Public Law 101-336, which prohibits discrimination by public and private entities on the basis of disability and requires certain accommodations be made with regard to employment (Title I), state and local government services and transportation (Title II), public accommodations (Title III), and telecommunications (Title IV). 35. Immigration and Nationality Act No public funds will intentionally be awarded to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a(e), Section 274A(e) of the Immigration and Nationality Act ("INA"). The Department shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the INA. Such violation by the subgrant recipient of the employment provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this contract by the Department. SFY 2008 Rule Reference 110-9.006 Page 10 OCJG-005 (rev. October 2005) Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement 36. National Environmental Policy Act (NEPA) a. The subgrantee agrees to assist FDLE in complying with the NEPA and other related federal environmental impact analyses requirements in the use of subgrant funds by the subgrantee. This applies to the following new activities whether or not they are being specifically funded with these subgrant funds. That is, it applies as long as the activity is being conducted by the subgrantee or any third party and the activity needs to be undertaken in order to use these subgrant funds, (1) New construction; (2) Minor renovation or remodeling of a property either (a) listed on or eligible for listing on the National Register of Historic Places or (b) located within a 1 OO-year flood plain; (3) A renovation, lease, or any other proposed use of a building or facility that will either (a) result in a change in its basic prior use or (b) significantly change its size; and (4) Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as an incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational, or educational environments. b. For any of a subgrantee's existing programs or activities that will be funded by these subgrants, the subgrantee, upon specific request from the Department and the U.S. Department of Justice, agrees to cooperate with DOJ in any preparation by DOJ of a national or program environmental assessment of that funded program or activity. 37. Non-Procurement, Debarment and Suspension The subgrant recipient agrees to comply with Executive Order 12549, Debarment and Suspension (34 CFR, Part 85, Section 85.510, Participant's Responsibilities). These procedures require the subgrant recipient to certify it shall not enter into any lower tiered covered transaction with a person who is debarred, suspended, declared ineligible or is voluntarily excluded from participating in this covered transaction, unless authorized by the Department. 38. Federal Restrictions on Lobbying a. Each subgrant recipient agrees to comply with 28 CFR Part 69, "New Restrictions on Lobbying" and shall file the most current edition of the Certification And Disclosure Form, if applicable, with each submission that initiates consideration of such subgrant recipient for award of federal contract, grant, or cooperative agreement of $100,000 or more; or federal loan of $150,000 or more. b. This certification is a material representation of fact upon which reliance was placed when this agreement was made. Submission of this certification is a prerequisite to entering into this agreement subject to conditions and penalties imposed by Section 1352, Title 31, United States Code. Any person who fails to file the required certification is subject to a civil penalty of not less than $10,000 and not more than $100,000 for each failure to file. c. The undersigned certifies, to the best of his or her knowledge and belief, that: SFY 2008 Rule Reference 11 D-9.006 Page 11 OCJG-005 (rev. October 2005) Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement (1) No federally appropriated funds have been paid or shall be paid to any person for influencing or attempting to influence an officer or employee of any federal agency, a member of congress, an officer or employee of congress, or an employee of a member of congress in connection with the awarding of any federal loan, the entering into of any renewal, amendment, or modification of any federal contract, grant, loan or cooperative agreement. (2) If any non-federal funds have been paid or shall be paid to any person for influencing or attempting to influence an officer or employee of congress, or an employee of a member of congress in connection with this federal contract, grant loan, or cooperative agreement, the undersigned shall complete and submit the standard form, Disclosure of Lobbvina Activities, according to its instructions. (3) The undersigned shall require that the language of this certification be included in award documents for all subgrant awards at all tiers and that all subgrant recipients shall certify and disclose accordingly. 39. State Restrictions on Lobbying In addition to the provisions contained in Item 39, above, the expenditure of funds for the purpose of lobbying the legislature or a state agency is prohibited under this contract. 40. Additional Restrictions on Lobbying Recipient understands and agrees that it cannot use any federal funds, either directly or indirectly, in support of the enactment, repeal, modification or adoption of any law, regulation or policy, at any level of government, without the express prior written approval of OJP. 41. "Pay -to-Stay" Funds from this award may not be used to operate a "pay-to-stay" program in any local jail. Furthermore, no funds may be given to local jails that operate "pay-to-stay" programs. "Local jail", as referenced in this condition, means an adult facility or detention center owned and/or operated by city, county, or municipality. It does not include juvenile detention centers. "Pay-to- stay" programs as referenced in this condition, means a program by which extraordinary services, amenities and/or accommodations, not otherwise available to the general inmate population, may be provided, based upon as offender's apparent ability to pay, such that disparate conditions of confinement are created for the same or similar offenders within a jurisdiction. 42. Mitigation of Health, Safety and Environmental risks dealing with Clandestine Methamphetamine Laboratories If an award is made to support methamphetamine laboratory operations the subgrant recipient must comply with this condition, which provides for individual site environmental assessment/impact statements as required under the National Environmental Policy Act. a. General Requirement: The subgrantee agrees to comply with Federal, State, and local environmental, health and safety laws and regulations applicable to the investigation and closure of clandestine methamphetamine laboratories and the removal and disposal of the chemicals, equipment, and wastes used in or resulting from the operation of these laboratories. b. Specific Requirements: The subgrantee understands and agrees that any program or initiative involving the identification, seizure, or closure of clandestine methamphetamine laboratories can result in adverse health, safety and environmental impacts to (1) the law enforcement and other governmental personnel involved; (2) any residents, occupants, users, and neighbors of the site of a seized clandestine laboratory; (3) the seized laboratory SFY 2008 Rule Reference 110-9.006 Page 12 OCJG-005 (rev. October 2005) Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement site's immediate and surrounding environment of the site(s) where any remaining chemicals, equipment, and waste form a seized laboratory's operations are placed or come to rest. Therefore, the subgrantee further agrees that in order to avoid or mitigate the possible adverse health, safety and environmental impacts from any of clandestine methamphetamine operations funded under this award, it will (1) include the nine, below listed protective measures or components; (2) provide for their adequate funding to include funding, as necessary, beyond that provided by this award; and (3) implement these protective measures directly throughout the life of the subgrant. In so doing, the subgrantee understands that it may implement these protective measures directly through the use of its own resources and staff or may secure the qualified services of other agencies, contractor or other qualified third party. (1) Provide medical screening of personnel assigned or to be assigned by the subgrantee to the seizure or closure if of clandestine methamphetamine laboratories; (2) Provide Occupational Safety and Health Administration (OSHA) required initial and refresher training for law enforcement officials and other personnel assigned by the subgrantee to either the seizure or closure of clandestine methamphetamine laboratories; (3) As determined by their specific duties, equip personnel assigned to the project with OSHA required protective wear and other required safety equipment; (4) Assign properly trained personnel to prepare a comprehensive contamination report on each closed laboratory; (5) Employ qualified disposal contractors to remove all chemicals and associated glassware, equipment, and contaminated materials and wastes from the site(s) of each seized clandestine laboratory; (6) Dispose of the chemicals, equipment, and contaminated materials and wastes removed from the sites of seized laboratories at properly licensed disposal facilities or, when allowable, properly licensed recycling facilities; (7) Monitor the transport, disposal, and recycling components of subparagraphs 5. and 6. immediately above in order to ensure proper compliance; (8) Have in place and implement an inter-agency agreement or other form of commitment with a responsible State environmental agency that provides for that agency's (i) timely evaluation of the environmental conditions at and around the site of a closed clandestine laboratory and (ii) coordination with the responsible party, property owner, or others to ensure that any residual contamination is remediated, if necessary, and in accordance with existing State and Federal requirements; and (9) Included among the personnel involved in seizing of clandestine methamphetamine laboratories, or have immediate access to, qualified personnel who can respond to the potential health needs of any offender(s)' children or other children present or living at the seized laboratory site. Response actions should include, at a minimum and as necessary, taking children into protective custody, immediately testing them for methamphetamine toxicity, and arranging for any necessary follow-up medical tests, examinations or health care. SFY 2008 Rule Reference 110-9.006 Page 13 OCJG-005 (rev. October 2005) Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement 43. Limited English Proficiency National origin discrimination includes discrimination on the basis of limited English proficiency (LEP). To ensure compliance with Title VI and the Safe Streets Act, recipients are required to take reasonable steps to ensure that LEP persons have meaningful access to their programs. Meaningful access may entail providing language assistance services, including oral and written translation when necessary. The U.S. Department of Justice has issued guidance to assist agencies to comply with Title VI requirements. The guidance document can be accessed on the Internet at www.lep.gov, or by contacting OJP's Office for Civil Rights at (202) 307-0690, or by writing to the following address: Office for Civil Rights Office of Justice Programs U.S. Department of Justice 810 Seventh Street NW, Eighth Floor Washington, DC 20531 44. The Coastal Barrier Resources Act The subgrantee will comply and assure the compliance of all contractors with the provisions of the Coastal Barrier Resources Act (P.L. 97-348) dated October 19, 1982 (16 USC 3501 et seq.) which prohibits the expenditure of most new Federal funds within the units of the Coastal Barrier Resources System. 45. Enhancement of Security If funds are used for enhancing security, the subgrant recipient agrees to: a. Have an adequate process to assess the impact of any enhancement of a school security measure that is undertaken on the incidence of crime in the geographic area where the enhancement is undertaken. b. Conduct such an assessment with respect to each such enhancement; and, submit to the Department the aforementioned assessment in its Final Program Report. 46. Environmental Protection Agency's (EPA) list of Violating Facilities The subgrantee assures that the facilities under its ownership, lease or supervision which shall be utilized in the accomplishment of the Program Purpose are not listed on the EPA's list of Violating Facilities and that it will notify the Department of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA. 47. Flood Disaster Protection Act The subgrantee will comply with Section 1 02(a) of the Flood Disaster Protection Act of 1973, Public Law 93-234, 87 Stat. 975, requiring that the purchase of flood insurance in communities where such insurance is available as a condition of the receipt of any federal financial assistance for construction or acquisition purposes for use in any area that has been identified as an area having special flood hazards. 48. National Historic Preservation Act The subgrantee will assist the Department in its compliance with Section 106 of the National Historic Preservation Act of 1966 as amended (16 USC 470), Executive Order 11593, and the Archeological and Historical Preservation Act of 1966 (16 USC 569a-1 et seq.) by (a) consulting SFY 2008 Rule Reference 110-9.006 Page 14 OCJG-005 (rev. October 2005) Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement with the State Historic Preservation Officer as necessary, to identify properties listed in or eligible for inclusion in the National Register of Historic Places that are subject to adverse effects (see 36 CFR Part 800.8) by the activity, and notifying the Department of the existence of any such properties and by (b) complying with all requirements established by the Federal grantor agency to avoid or mitigate adverse effects upon such properties. 49. Omnibus Crime Control and Safe Streets Act The subgrantee will comply and assure the compliance of all contractors, with the applicable provisions of Title I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended; the Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act; as appropriate; the provisions of the current edition of the Office of Justice Program Financial and Administrative Guide for Grants; and all other applicable State and Federal laws, orders, circulars, or regulations. 50. Public Safety Officers' Health Benefits Provision The recipient has certified it is in compliance with the Public Safety Officers' Health Benefits Provision of the Fiscal Year 2002, Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act (Pub. L. No. 107-77) and agrees to remain in compliance during the life of the grant. This provision requires that the unit of local government which employs a public safety officer (as defined by Section 1204 of Title I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended) to afford such public safety officer who retires or is separated from service due to injury suffered as a direct and proximate result of a personal injury sustained in the line of duty while responding to an emergency situation or hot pursuit (as such terms are defined by State law) with the same or better level of health insurance benefits at the time of retirement or separation as the officer received while employed by the jurisdiction. If the recipient demonstrates noncompliance during the life of the grant, 10 percent of the award amount must be returned to the grantor. 51. Human Research Subjects Grantee agrees to comply with the requirements of 28 C.F.R. part 46 and all Office of Justice Programs policies and procedures regarding the protection of human research subjects, including obtainment of Institutional Review Board approval, if appropriate, and subject informed consent. 52. Global Justice Data Model Specifications To support public safety and justice information sharing, OJP requires the grantee to use the Global Justice Data Model specifications and guidelines for this particular grant. Grantee shall publish and make available without restriction al schemas (extensions, constraint, proxy) generated as a result of this grant to the component registry as specified in the guidelines. This information is available at www.it.oip.govlgixdm. 53. Reporting, Data Collection and Evaluation The subgrant recipient agrees to comply with all reporting, data collection and evaluation requirements, as prescribed by the BJA in the program guidance for the Justice Assistance Grant (JAG). Compliance with these requirements will be monitored by BJA. 54. Privacy Certification The Subgrant recipient agrees to comply with the confidentiality requirements that are applicable to collection, use, and revelation of data or information and that are in accordance with requirements of Confidentiality of Identifiable Research and Statistical Information (28 C.F.R. Part 22 and, in particular, section 22.23, Privacy Certification). SFY 2008 Rule Reference 110-9.006 Page 15 OCJG-005 (rev. October 2005) Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement If an award is made for a project which has a research or statistical component under which information identifiable to a private person will be collected, the subgrant recipient agrees to: 1. Project plans will be designed to preserve anonymity of private persons to whom information relates, including, where appropriate, name-stripping, coding of data, or other similar procedures. 2. Project findings and reports prepared for dissemination will not contain information which can reasonably be expected to be identifiable to a private person. 3. A log will be maintained indicating that identifiable data have been transmitted to persons other than BJA, OJJDP, BJS, NIJ, or OJP or grantee/contractor staff or subcontractors, that such data have been returned, or that alternative arrangements have been agreed upon for future maintenance of such data. 4. A description of the project containing assurance by the applicant that: (1) Data identifiable to a private person will not be used or revealed. (2) Access to data will be limited to those employees having a need and that such persons shall be advised of and agree in writing to comply with these regulations. (3) All subcontracts which require access to identifiable data will contain conditions meeting the requirements. 5. Any private persons from whom identifiable data are collected or obtained, either orally or by means of written questionnaire, shall be advised that the data will only be used or revealed for research or statistical purposes and that compliance with requests for information is not mandatory. Where the notification requirement is to be waived, a justification must be included in the Privacy Certificate. 6. Describe the precautions that will be taken to insure administrative and physical security of identifiable data. SFY 2008 Rule Reference 110-9.006 Page 16 OeJG-005 (rev. October 2005) CERTIFICATION OF COMPLIANCE WITH EQUAL EMPLOYMENT OPPORTUNITY (EEO) PROGRAM REQUIREMENTS Florida Department of Law Enforcement Edward Byrne Memorial Justice Assistance Grant Proaram SUBGRANTEE CERTIFICATION Federal regulations require recipients of financial assistance from the Office of Justice Programs (OJP) to prepare, maintain on file, submit to OJP for review and implement an EEO Plan in accordance with the Omnibus Crime Control and Safe Street Act of 1968, as amended, and 28 CFR Part 42.301-.308, Subparts C through H, if they meet the following criteria: (i) have 50 or more employees; and (ii) received a total of $25,000 or more in grants or subgrants; and (iii) have 3 percent or more minorities in services population (however, if less than 3 percent minorities in service population, an EEOP must still be prepared, but must focus on employment practices affecting women only). I, the undersigned authorized official, certify that according to Section 501 of the Omnibus Crime Control and Safe Streets Act of 1968 as amended, that the Subgrantee (Subgrant Recipient): Does meet Act Criteria and does have a current EEO Plan. Does meet Act Criteria and does not have a current EEO Plan. _ Does not meet Act Criteria, and therefore not required to have an EEO Plan. Recipients that meet criteria (i) and (iii) above, and receive over $500,000 (or $1 million during and 18 month period) are required to submit an EEO Plan to the Office for Civil Rights, Office of Justice Programs for review. _Has included a copy of the current approval letter from the US DOJ. I further affirm that if the Subgrant Recipient meets the Act criteria and does not have a current written EEO Plan, federal law requires it to formulate, implement, and maintain such a Plan within 60 days after a subgrant application for federal assistance is approved or face loss of federal funds. Signature of Subgrantee Authorized Official Type Name: Title: Subgrant Recipient: Date: FDLE JAG Grant Application Package Rule Reference 11 D-9.006 EEO Certification Page 2 of 2 OCJG-006 (Rev. March 2007) CERTIFICATION OF COMPLIANCE WITH EQUAL EMPLOYMENT OPPORTUNITY (EEO) PROGRAM REQUIREMENTS Florida Department of Law Enforcement Edward Byrne Memorial Justice Assistance Grant Proaram IMPLEMENTING AGENCY CERTIFICATION Federal regulations require recipients of financial assistance from the Office of Justice Programs (OJP) to prepare, maintain on file, submit to OJP for review and implement an EEO Plan in accordance with the Omnibus Crime Control and Safe Street Act of 1968, as amended, and 28 CFR Part 42.301-.308, Subparts C through H, if they meet the following criteria: (i) have 50 or more employees; and (ii) received a total of $25,000 or more in grants or subgrants; and (iii) have 3 percent or more minorities in services population (however, if less than 3 percent minorities in service population, an EEOP must still be prepared, but must focus on employment practices affecting women only). I, the undersigned authorized official, certify that according to Section 501 of the Omnibus Crime Control and Safe Streets Act of 1968 as amended, that the Subgrantee (Subgrant Recipient): Does meet Act Criteria and does have a current EEO Plan. Does meet Act Criteria and does not have a current EEO Plan. _ Does not meet Act Criteria, and therefore not required to have an EEO Plan. _Is Included in the EEO Plan of the Subgrant Recipient. Recipients that meet criteria (i) and (iii) above, and receive over $500,000 (or $1 million during and 18 month period) are required to submit an EEO Plan to the Office for Civil Rights, Office of Justice Programs for review. _Has included a copy of the current approval letter from the US DOJ. I further affirm that if the Subgrant Recipient meets the Act criteria and does not have a current written EEO Plan, federal law requires it to formulate, implement, and maintain such a Plan within 60 days after a subgrant application for federal assistance is approved or face loss of federal funds. Signature of Implementing Agency Authorized Official Type Name: Title: Implementing Agency: Date: FDLE JAG Grant Application Package Rule Reference 11 D-9.006 EEO Certification Page 2 of 2 OCJG-007 (Rev. March 2007) AUTOMATED DATA PROCESSING (ADP) EQUIPMENT AND SOFTWARE AND CRIMINAL JUSTICE INFORMATION AND COMMUNICATION SYSTEMS REQUEST FOR APPROVAL FORM Florida Department of Law Enforcement Edward Bvrne Memorial Justice Assistance Grant Program Name of Subgrant Recipient: Authorized Official for Subarant Recipient or Implementina Aaencv Typed Name of Authorized Official: Typed Title: Signature: Telephone Number: ( ) Date: By signature above, the subgrantee is certifying intention to comply with the General Guidelines, Section I, and is requesting approval of proposed activity through response to Required Information, Section II. Section I: General Guidelines for Subarantees: 1. The application for procurement of ADP equipment and software shall be written in a manner consistent with maximum open and free competition in the procurement of hardware, software and related services. 2. Criminal justice information and communication systems shall be designed and programmed to maximize the use of standard and readily available computer equipment and programs. Subgrantees should utilize the past experience of other agencies which have successfully implemented such systems. A detailed requirements analysis should be performed and a search for existing software that could meet the identified requirements should be made before new software is developed. If new software is developed, it shall be designed and documented so that other criminal justice agencies will be able to use it with minor modifications and at minimum cost. 3. Subgrantees shall request approval prior to arranging for patent of computer software and programs. Federal requirements governing copyright apply in all cases. The U. S. Department of Justice reserves a royalty-free, non-exclusive, and irrevocable license to reproduce, publish, or otherwise use, and authorize others to use, for Federal Government purposes the copyright in any work developed under a subaward and any rights of copyright to which a subgrantee purchases ownership with grant support. NOTE: If the total purchase or lease price exceeds $100,000, justification must be submitted to FDLE on these forms for approval. If the purchase or lease is less than $100,000, the applicant may provide justification in the application itself. FDLE JAG Grant Application Package Rule Reference 110-9.006 ADP Form Page 1 OCJG-Ol0 (Rev. October 2005) AUTOMATED DATA PROCESSING (ADP) EQUIPMENT AND SOFTWARE AND CRIMINAL JUSTICE INFORMATION AND COMMUNICATION SYSTEMS REQUEST FOR APPROVAL FORM Florida Department of Law Enforcement Edward Byrne Memorial Justice Assistance Grant Program Section II: Reauired Information: 1. A description of the ADP hardware and/or software you plan to purchase, including: a. Number of units and projected cost of each. b. Equipment specifications including disk drive storage space, amount of random access memory, microprocessor size and speed, and any other pertinent system specifications. If a network is purchased, specify the type of file server, hub/routers, network cards, network wiring and installation costs. If a printer is purchased, indicate the type of printer. c. Software specifications including name and version (ex. Microsoft Word for Windows@ 6.0) and the number of licenses to be acquired. d. A brief description of how the proposed equipment and/or software will be used to further grant objectives. 2. Certify that ADP hardware and software procurement complies with existing federal, state, and local laws and regulations. 3. If ADP hardware will be purchased, describe the results of your lease/purchase analysis and explain the advantage of purchase over lease. 4. If ADP software will be developed, explain why already produced and available software will not meet the needs of this subgrant. 5. If your purchase of ADP hardware, software or combination thereof will be from a sole source and is $100,000 or more, complete a Sole Source Justification Form and attach it. FDLE JAG Grant Application Package Rule Reference 11 D-9.006 ADP Form Page 2 OCJG-010 (Rev. October 2005) Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program Automated Data Processing (ADP) Equipment and Software And Criminal Justice Information and Communication Systems Request for Approval Form (Continuation Page _ .) FDLE JAG Grant Application Package Rule Reference 11 D-9.006 ADP Form Page 3 OCJG-010 (Rev. October 2005) SOLE SOURCE JUSTIFICATION FOR SERVICES AND EQUIPMENT REQUEST FOR APPROVAL FORM Florida Department of Law Enforcement Edward Bvrne Memorial Justice Assistance Grant Proaram Name of Subgrant Recipient: Authorized Official for Subgrant Recipient or Implementing Agency Typed Name of Authorized Official: Typed Title: Signature: Telephone Number ( ) Date: 1. Briefly describe the proposed contractual services and/or equipment and how it relates to your program. 2. Explain your reasons for proposing to contract with, or purchase from, a non-competitive sole source. Address the expertise of the contractor, management, responsiveness, program knowledge and experience of contract personnel. Also provide the results of a market survey to determine competition availability or address why a market survey was not conducted. 3. Indicate the contract period and explain the potential impact on contract deliverables if due dates are not met. Relate this information to the approval period for your grant award. Estimate the time and cost to hire a competent replacement should the current contractor default. 4. Describe what is unique about the project and the proposed sole source contractor that would warrant a sole source contract. 5. Explain any other points you believe should be covered to support your request for a sole source contract. 6. Make a declaration that the action to be taken is in the "best interest" of the subgrant recipient and the implementing agency. NOTE: . If sole source procurement of contractual services and/or equipment is $100,000 or more, justification for sole source procurement must be submitted to the Department of Law Enforcement for approval. . All the foregoing components must be addressed. Start on the next page and use continuation pages as necessary. . If the sole source procurement is less than $100,000, the applicant should complete this form and maintain it in the program files available for monitoring and for audit. FDLE JAG Grant Application Package Rule Reference 11 D-9.006 Sole Source Form Page 1 of 2 OCJG-011 (Rev. October 2005) SOLE SOURCE JUSTIFICATION FOR SERVICES AND EQUIPMENT REQUEST FOR APPROVAL FORM Florida Department of Law Enforcement Edward Byrne Memorial Justice Assistance Grant Program (Continuation Page _.) FDLE JAG Grant Application Package Rule Reference 110-9.006 Sole Source Form Page 2 of 2 OCJG-011 (Rev. October 2005) CONFIDENTIAL FUNDS CERTIFICATION Florida Department of Law Enforcement Edward Byrne Memorial Justice Assistance Grant Program Certification Regarding Confidential Funds A signed certification that the project director has read, understands, and agrees to abide by the provisions in Chapter 8 of the Office of Justice Programs' (OJP) Financial Guide is required from all projects that involve confidential funds from either Federal or matching funds. The signed certification must be submitted at the time of the grant application. (To Be Completed bv OCJG) Project Title: Project Number: Name of Subgrantee: Name of Implementing Agency: Address: Name of Implementing Agency Authorized Official: I Telephone Number: This is to certify that I have read, understand, and agree to abide by all of the conditions for confidential funds as set forth in the effective edition of OJP's Financial Guide for Qrants. . . . . . . DEFINITIONS FOFlTYPES OF SPEOIAL LAw ENFOROEME.NT OPERATIONS D t S A A th ed Off c al 1. Purchase of Services (P/S). This category includes travel or transportation of a non-federal officer or an informant; the lease of an apartment, business front, automobiles, aircraft or boat, or similar effects to create or establish the appearance of affluence; andlor meals, beverages, entertainment and similar expenses (including buy money and flash rolls, etc.) for undercover purposes, within reasonable limits. 2. Purchase of Evidence (PIE). This category is for the purchase of evidence andlor contraband such as narcotics and dangerous drugs, firearms, stolen property, counterfeit tax stamps, etc., required to determine the existence of a crime or to establish the identity of a participant in a crime. 3. Purchase of Specific Information (P/I). This category includes the payment of monies to an informant for specific information. Other informant expenses classified under PIS may be charged accordingly. FDLE JAG Grant Application Package Rule Reference 11 D-9.006 Confidential Funds Certification Page 1 OCJG-008 (Rev. October 2005) CERTIFICATION REGARDING LOBBYING; DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILlTIY MATTERS; AND DRUG-FREE WORKPLACE REQUIREMENTS Florida Department of Law Enforcement Edward Bvrne Memorial Justice Assistance Grant Proaram Form Provided by the U.S. DEPARTMENT OF JUSTICE, OFFICE OF JUSTICE PROGRAMS, OFFICE OF THE COMPTROLLER CERTIFICATIONS REGARDING LOBBYING; DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS; AND DRUG-FREE WORKPLACE REQUIREMENTS Applicants should refer to the regulations cited below to determine the certification to which they are required to attest. Applicants should also review the instructions for certification included in the regulations before completing this form. Signature of this form provides for compliance with certification requirements under 28 CFR Part 69, "New Restrictions on Lobbying" and 28 CFR Part 67, "Government-wide Debarment and Suspension (Non-procurement) and Government-wide Requirements for Drug-Free Workplace (Grants)". The certifications shall be treated as a material representation of fact upon which reliance will be placed when the Department of Justice determines to award the covered transaction, grant, or cooperative agreement. 1. LOBBYING As required by Section 1352, Title 31 of the U.S. Code, and implemented at 28 CFR Part 69, for persons entering into a grant or cooperative agreement over $100,000, as defined at 28 CFR Part 69, the applicant certifies that: (a) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the making of any federal grant, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal grant or cooperative agreement; (b) If any funds other than federal appropriated funds have been paid or will be paid to any person influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or an employee of Congress, or an employee of a member of Congress in connection with this federal grant or cooperative agreement, the undersigned shall complete and submit Standard Form - LLL, "Disclosure of Lobbying Activities", in accordance with its instructions; (c) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subgrants, contracts under grants and cooperative agreements, and subcontracts) and that all subrecipients shall certify and disclose accordingly. 2. DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS (DIRECT RECIPIENT) As required by Executive Order 12549, Debarment and Suspension, and implemented at 28 CFR Part 67, for prospective participants in primary covered transactions, as defined at 28 CFR Part 67, Section 67.510 - A. The applicant certifies that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of federal benefits by a State or Federal court, or voluntarily excluded from covered transactions by any federal department or agency; FDLE JAG Grant Application Package (b) Have not within a three-year period preceding this application been convicted of or had a civil judgement rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1) (b) of this certification; and (d) Have not within a three-year period preceding this application had one or more public transactions (Federal, State, or local) terminated for cause or default; and B. Where the applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application. 3. DRUG-FREE WORKPLACE (GRANTEES OTHER THAN INDIVIDUALS) As required by the Drug-Free Workplace Act of 1988, and implemented at 28 CFR Part 67, Subpart F, for grantees, as defined at 28 CFR Part 67 Sections 67.615 and 67.620- A. The applicant certifies that it will or will continue to provide a drug- free workplace by: (a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; (b) Establishing an on-going drug-free awareness program to inform employees about- (1) The dangers of drug abuse in the workplace; (2) The grantee's policy of maintaining a drug-free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance programs; and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; Lobbying, Debarment, Suspension, and Drug-Free Workplace Certification Page 1 CERTIFICATION REGARDING LOBBYING; DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILlTIY MATTERS; AND DRUG.FREE WORKPLACE REQUIREMENTS Florida Department of Law Enforcement Edward Byrne Memorial Justice Assistance Grant Program (c) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph (a); (d) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will- (1) Abide by the terms of the statement; and (2) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after the conviction; Check here _ If there are workplaces on file that are not identified here. (e) Notifying the agency, in writing, within 10 calendar days after receiving notice under subparagraph (d) (2) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice including position title, to: Department of Justice, Office of Justice Programs, ATTN: Control Desk, 633 Indiana Avenue, NW., Washington, D.C. 20531. Notice shall include the identification number(s) of each affected grant; Section 67.630 of the regulations provides that a grantee that is a State may elect to make one certification in each Federal fiscal year. A copy of which should be included with each application for Department of Justice funding. States and State agencies may elect to use OJP Form 4061/7. Check here _ If the State has elected to complete OJP Form 4061/7. (f) Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph (d) (2), with respect to any employee who is so convicted- (1) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or DRUG. FREE WORKPLACE (GRANTEES WHO ARE INDIVIDUALS) (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; As required by the Drug-Free Workplace Act of 1988, and implemented at 28 CFR Part 67, Subpart F, for grantees, as defined at 28 CFR Part 67; Sections 67.615 and 67.620- (g) Making a good faith effort to continue to maintain a drug-free workpiace through implementation of paragraphs (a), (b), (c), (d), (e), and (f). A. As a condition of the grant, I certify that I will not engage in the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance in conducting any activity with the grant; and B. The grantee may insert in the space provided below the site(s) for the performance of work done in connection with the specific grant: Place of Performance (Street address, city, county, state, zip code) B. If convicted of a criminal drug offense resulting from a violation occurring during the conduct of any grant activity, I will report the conviction, in writing, within 10 calendar days of the conviction, to: Department of Justice, Office of Justice Programs, ATTN: Control Desk, 633 Indiana Avenue, NW., Washington, D.C. 20531. As the duly authorized representative of the applicant, I hereby certify that the applicant will comply with the above certifications. 1. Grantee Name and Address: 2. Project Name: 3. Typed Name and Title of Authorized Representative: 4. Signature: 5. Date: FDLE JAG Grant Application Package Lobbying, Debarment, Suspension, and Drug-Free Workplace Certification Page 2 Draft Application for Boys and Girls Clubs of the Keys SMART Moves Marathon Program Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide Subgrant Recipient Organization Name: Monroe County Board of Commissioners County: Mon roe Chief Official Name: Title: Address: City: State: Phone: Fax: Suncom: Email: Mario Di Gennaro Mayor Florida Keys Marathon Airport 9400 Overseas Highway, Suite 210 Marathon FL Zip: 33050 305-289-6000 Ext: 305-289-6306 boccdis4@monroecounty-fl.gov Chief Financial Officer Name: Danny Kolhage Title: Clerk Address: 500 Whitehead Street City: Key West State: FL Zip: 33040 Phone: 305-292-3550 Ext: Fax: 305-295-3663 Suncom: Email: dkolhage@monroe-clerk.com Application Ref # Contract Section #1 Page 1 of 2 2008-JAGC-633 -JAGC-MONR- - - Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide Implementing Agency Organization Name: Monroe County Board of Commissioners County: Monroe Chief Official Name: Title: Address: City: State: Phone: Fax: Suncom: Email: Mario Di Gennaro Mayor Florida Keys Marathon Airport 9400 Overseas Highway, Suite 210 Marathon FL Zip: 33050 305-289-6000 Ext: 305-289-6306 boccdis4@ monroecounty-fl.gov Project Director Name: David Owens Title: Grants Administrator Address: 1100 Simonton Street City: Key West State: FL Zip: 33040 Phone: 305-292-4482 Ext: Fax: 305-292-4515 Suncom: Email: owens-david@ mon roecounty-fl.gov Application Ref # Contract Section #1 Page 2 of 2 2008-JAGC-633 -JAGC-MONR- - - Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide General Project Information Project Title: BOYS AND GIRLS SMART - MARATHON AREA III Project Sequence No: 1 Subgrant Recipient: Monroe County Board of Commissioners Implementing Agency: Monroe County Board of Commissioners Project Start Date: 10/1/2007 End Date: 9/30/2008 Problem Identification It is a well documented fact that children, their families, and the entire community benefit dramatically from having easily accessible quality after school programs. Data from a national study of after school programs by the Nellie Mae Foundation indicate that children who spend three or more hours home alone during out of school time are significantly more likely to use drugs or alcohol, have high levels of stress and anger, experience more depression and behavioral problem, possess a lower self-esteem and perform poorly academically. The information from this study clearly points out that a child's participation in a quality after-school program not only benefits each child and the immediate family, but the entire community. At the end of each school day, nearly 1,300 children from the city of Marathon will leave the safety of their classrooms. Some will go home to a parent, some will go to an extracurricular activity, and some will go to work. But many children will go it alone. Lacking adult supervision or access to an after school program, these children will be in danger. We know from various studies and statistics that the rate of juvenile-related crime actually doubles during the after school hours. This period of time is when a youth is most likely to commit a sexual assault, become involved in substance abuse, sexual activities or crime. The Boys and Girls Club fills that void and reduces the risk of criminal and antisocial behaviors by offering positive after school programming for children. In addition, due to the high cost of living and the lack of affordable housing in Marathon and throughout Monroe County, most parents are forced to work two jobs. This results in a tremendous number of latch key children being left with little or no adult supervision during the critical after school hours, school holidays and vacations. While these young people seem particularly vulnerable, statistics and experience make it crystal clear that all children are at risk in the after school hours if left unsupervised. The problem transcends demographics. Too many children today grow up with a few, if any, positive role models and little, if any, encouragement to resist alcohol, tobacco and other drugs, delinquent acts, or sexual activity. The norm and expectation for these young people, whether perceived or real, is that it is almost a "rite of passage" to participate in these destructive and often dangerous behaviors or actions. Not only is this the perception of young people themselves, but often the perception of the adults in their lives whose passive resignation encourages rather than discourages these behaviors. While young people are often taught skills to prepare them to face educational challenges at critical stages of psychological, emotional, and intellectual development, they are often not taught the skills needed to make the successful transition from childhood to adulthood and to resist engaging in delinquent behaviors, premature sexual activity, or experimenting with drugs and alcohol. The Boys and Girls Club is committed to offering positive after school programs for youth in the community that address the issues of tobacco, alcohol, drugs premature sexual activity, violence, sexually-transmitted diseases, gang activity, and healthily life skills. Application Ref # Contract 2008-JAGC-633 -JAGC-MONR- -- Section #2 Page 1 of 3 Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide Today there are currently over 450 children who are members of the Boys and Girls Clubs of the Keys. In addition to these members, the Boys and Girls Clubs have provided positive youth development and recreational opportunities to another 1,500 children this past calendar year. Our after school Clubs in Key West, Big Pine Key, and Marathon provide services to over 180 children daily. During the summer we provide children with programming in Key West, Big Pine Key, Marathon and Key Largo for over 500 children. Over eighty percent of these youth are from single family homes or have a history of domestic violence or criminal involvement within their families. Over ninety percent are from families with annual incomes of less than $22,000 or are receiving subsidized childcare support and are functioning at or below the Monroe County Poverty Level Index. Our Clubs were open for almost 250 days last calendar year for children everyday after school, school holidays and school vacations. Currently, all children who attend a Boys and Girls Club receive some form of financial assistance. This assistance is either from the Department of Children and Families or from a Boys and Girls Club Scholarship In Monroe County, a high percentage of families with children are single parent homes or families with annual incomes of less than $22,000. Many are receiving subsidized childcare support and, due to the high cost of living and the lack of affordable housing; most parents are forced to work two jobs. Project Summary For twenty years, first as the Florida Youth Center and than later as the Boys and Girls Clubs of the Keys Area, our organization has been at the forefront of youth and character development, working with young people from disadvantaged economic, social and family circumstances. The Boys and Girls Clubs of the Keys Area have actively sought to enrich the lives of girls and boys whom other youth agencies have had difficulty reaching. We are dedicated to ensuring that our community's disadvantaged youngsters have greater access to quality programs and services that will enhance their lives and positively shape their futures. The Boys and Girls Clubs of the Keys Area have the experience and resources to continue to successfully manage and meet the goals and objectives of this program. This past year our Clubs in key West and Big pine key have expanded and we were also able to expand our preventive program/after school program at Stanley Switlik in Marathon. The Boys and Girls Clubs of the Keys is excited about continuing our partnership with the Monroe County School District and Monroe County with the continuation and expansion of this preventive program, now in its third year. This partnership will result in the expansion and scope of pre and after school activities at Stanley Switlik School. These activities and programs will support learning, motivation and leadership development. Our target population is at risk elementary and middle school students; a special effort will be made to reach minority and low socioeconomic level students. The target population will have structured activities, breakfast, after school snacks and supervision prior to and after each school day. The goal of this program is to better equip these students with the skills needed to be successful in their homes, schools and communities. This program will be under the direction of certified teachers and counselors and will offer homework help, prevention programs and activities, and organized recreational activities. The School District will provide transportation home after school. Our successful and extensive experience in youth development has shown that utilizing small, peer-driven groups is the best way to promote sound character and Application Ref # Contract 2008-JAGC-633 -JAGC-MONR- - - Section #2 Page 2 of 3 Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide strong leadership skills. With the guidance of caring adults, who mentor and empower them, members develop essential character traits including responsibility, respect for self and others, trustworthiness, fairness and caring - as they learn positive leadership skills that help them influence others in positive ways. Education and career development activities are designed to give young people the sense that they can do something well and have individual worth. Career exploration, discussing and debating important social issues, such as gang awareness, drug use and prevention, teenage pregnancy, STD'S, nutrition, and child abuse prevention offer constructive and ongoing dialogue. Health and fitness playa vital role in the Club which fosters and encourages healthy physical development, team building skills and other important life skills. Through recreational activities, Club members have fun and acquire self-confidence, a sense of fair play and skills in interpersonal relationships. These are the goals of Club related activities and programs Our goal and commitment over the next funding cycle is to continue and enhance our efforts with our SMART Moves preventive programs by implementing this program in our Club in Marathon. These preventive programs are age-specific and designed to encourage collaboration, interaction, support and education among Club staff, youth, parents and community service providers. The goals of each of these programs are to develop a positive concept of self worth; development of leadership skills; build resiliency; peer support and enhance each child's abilities to make positive decisions, to think before acting and to be proactive to situations rather than reactive. These year-round programs are designed to educate and assist young people to resist alcohol, tobacco, substance abuse, delinquent behavior, gang involvement and premature sexual behaviors. The SMART Moves program serves as the foundation for SMART Parents; SMART Girls; Passport to Manhood, Act Smart, and Street Smart. In addition to enhancing our efforts with our SMART Moves programs, we will continue with our efforts to improve and expand our academic tutoring program. Power Hour currently provides academic assistance to over 25 youth daily at our May Sands office. Expansion and formalization of the Club's commitment to various community service projects will be enhanced. The Club feels that it is important for our members to give something back to the community, which fosters each child's belief that he/she is part of a larger community. Application Ref # Contract 2008-JAGC-633 -JAGC-MONR- - - Section #2 Page 3 of 3 Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide General Performance Info: Performance Reporting Frequency: Quarterly Federal Purpose Area: 003 - Prevention and Education Programs State Purpose Area: 04A - Community Crime Prevention Activity Description Activity: Academic Tutoring Target Group: Children Geographic Area: City-Wide Location Type: Boys and Girls Clubs Address(es) : Boys and Girls Club c/o Stanley Switlik School 3400 Overseas Hwy Marathon , FL 33050 Activity Description Activity: After School Program Target Group: Children Geographic Area: City-Wide Location Type: Boys and Girls Clubs Address(es) : Boys and Girls Club c/o Stanley Switlik School 3400 Overseas Hwy Marathon , FL 33050 Activity Description Activity: Community Service Target Group: Children Geographic Area: City-Wide Location Type: Boys and Girls Clubs Address(es) : Application Ref # Contract Section #3 Page 1 of 5 2008-JAGC-633 -JAGC-MONR- - - Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide Boys and Girls Club c/o Stanley Switlik School 3400 Overseas Hwy Marathon , FL 33050 Activity Description Activity: Crime Prevention Education Target Group: Children Geographic Area: City-Wide Location Type: Boys and Girls Clubs Address(es) : Boys and Girls Club c/o Stanley Switlik School 3400 Overseas Hwy Marathon, FL 33050 Activity Description Activity: Drug Free Events Target Group: Children Geographic Area: City-Wide Location Type: Boys and Girls Clubs Address(es) : Boys and Girls Club c/o Stanley Switlik School 3400 Overseas Hwy Marathon , FL 33050 Activity Description Activity: Life Skills Training Target Group: Children Geographic Area: City-Wide Location Type: Boys and Girls Clubs Address(es) : Application Ref # Contract 2008-JAGC-633 -JAGC-MONR- - - Section #3 Page 2 of 5 Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide Boys and Girls Club c/o Stanley Switlik School 3400 Overseas Hwy Marathon , FL 33050 Activity Description Activity: Recreation Program Target Group: Children Geographic Area: City-Wide Location Type: Boys and Girls Clubs Address(es} : Boys and Girls Club c/o Stanley Switlik School 3400 Overseas Hwy Marathon, FL 33050 Objectives and Measures Objective: 04A.01 - Provide a specified number of alternative drug-free events. [Alternative drug-free events would include any participatory event designed to strengthen the anti-drug message and/or anti-crime message.] Measure: Part 1 How many alternative drug free events will be conducted? Goal: 8 Objective: 04A.02 - Present a specified number of crime and substance abuse prevention education classes. Measure: Part 1 How many crime prevention and substance abuse education classes will be presented? Goal: 25 Objective: 04A.03 - Conduct a specified number of life skill development education classes. Measure: Part 1 How many life skill development education classes will be presented? Goal: 20 Application Ref # Contract 2008-JAGC-633 -JAGC-MONR- -- Section #3 Page 3 of 5 Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide Objective: 04A.04 - Create, expand, or enhance community, neighborhood, or school-based recreation programs. Measure: Part 1 Will the subgrant create or expand one or more community or neighborhood recreation programs? Goal: No Measure: Part 2 Will the activities include academic tutoring? Goal: Yes Measure: Part 3 Will the activities include drug awareness and prevention education? Goal: Yes Objective: 04A.09 - Conduct a specified number of community service projects which may include neighborhood clean-up campaigns. Measure: Part 1 How many community service projects which may include neighborhood clean-up campaigns, will be conducted. Goal: 4 Objective: 04A.15 - Provide academic tutoring to a specified number of students. Measure: Part 1 How many individuals will receive academic tutoring services? Goal: 20 Application Ref # Contract 2008-JAGC-633 -JAGC-MONR- - - Section #3 Page 4 of 5 Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide Section Questions: Question: If "other" was selected for the geographic area, please describe. Answer: Question: If "other" was selected for location type, please describe. Answer: Application Ref # Contract 2008-JAGC-633 -JAGC-MONR- -- Section #3 Page 5 of 5 Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide General Financial Info: Note: All financial remittances will be sent to the Chief Financial Officer of the Subgrantee Organization. Financial Reporting Frequency for this Subgrant: Quarterly Is the subgrantee a state agency?: No SAMAS I Vendor Number: 59-6000749 Budget: Budget Category Federal Match Total Salaries and Benefits $0.00 $0.00 $0.00 Contractual Services $35,265.00 $0.00 $35,265.00 Expenses $0.00 $0.00 $0.00 Operating Capital $0.00 $0.00 $0.00 Outlay Indirect Costs $0.00 $0.00 $0.00 -- Totals -- $35,265.00 $0.00 $35,265.00 Percentage 100.0 0.0 100.0 Project Generated Income: Will the project earn project generated income (PGI) ? No Application Ref # Contract 2008-JAGC-633 -JAGC-MONR- -- Section #4 Page 1 of 3 Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide Budget Narrative: SALARIES AND BENEFITS: Prevention Coordinator or DARE Officer $25 hr X 2hrs X 35 weeks X 1 $ 1,750.00 FICA $ 134.00 TOTAL $ 1 ,884.00 Marathon Program Director $25 hr X 8 X 35weeks X 1 $ 7,000.00 FICA $ 536.00 TOTAL $ 7,536.00 Pm Academic/Activity Coordinators (2) $25 hr X 6hr X 35 weeks X 2 $10,500.00 FICA $ 803.00 TOTAL $11,003.00 Media/Computer Coordinator $25hr X 4hr X 35 weeks X 2 $ 3,500.00 FICA $ 268.00 TOTAL $ 3,768.00 AM Academic/Activity Coordinators (2) $25 hr X 15hr X 35 weeks X 3 $ 6,125.00 FICA $ 383.00 TOTAL $ 6,508.00 Administration (9% ann salary of $30,000)$ 2,723.00 FICA $ 209.00 TOTAL $ 2,615.00 TOTAL SALARY AND FICA $33,631.00 EXPENSES: Operating Supplies $1,634.00 (paper, videos, workbooks, etc. TOTAL BUDGET $35,265.00 SERVICES WILL BE PROVIDED UNDER CONTRACT BY THE BOYS AND GIRLS CLUBS OF THE KEYS. Application Ref # Contract 2008-JAGC-633 -JAGC-MONR- -- Section #4 Page 2 of 3 Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide Section Questions: Question: indicate the Operating Capital Outlay threshold established by the subgrantee. Answer: $1,000.00 Question: if salaries and benefits are included in the budget as actual costs for staff in the implementing agency, is there a net personnel increase, or a continued net personnel increase from the previous Byrne program? Answer: Yes Question: If indirect cost is included in the budget, indicate the basis for the plan (e.g. percent of salaries and benefits), and provide documentation of the appropriate approval of this plan. Answer: N/ A Question: If the budget includes services based on unit costs, provide a definition and cost for each service as part of the budget narrative for contractual services. Include the basis for the unit costs and how recently the basis was established or updated. Answer: N/A Application Ref # Contract 2008-JAGC-633 -JAGC-MONR- - - Section #4 Page 3 of 3 Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide dard Conditions Insert Standard Conditions Page here. Application Ref # Contract 2008-JAGC-633 -JAGC-MONR- - - Section #5 Page 1 of 1 Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide In witness whereof, the parties affirm they each have read and agree to the conditions set forth in this agreement, have read and understand the agreement in its entirety and have executed this agreement by their duty authorized officers on the date, month and year set out below. Corrections on this page, including Strikeovers, whiteout, etc. are not acceptable. Signature: Typed Name and Title: Date: Typed Name of Subgrant Signature: Typed Name and Date: Typed Name of Implementing Signature: Typed Name and Date: Application Ref # Contract 2008-JAGC-633 -JAGC-MONR- - - Section #6 Page 1 of 1 Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide Insert Certifications and Authorizations here. Application Ref # Contract 2008-JAGC-633 -JAGC-MONR- - - Section #7 Page 1 of 1 Draft Application for Monroe County Education Foundation Monroe Youth Challenge Middle School Program Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide Subgrant Recipient Organization Name: Monroe County Board of Commissioners County: Monroe Chief Official Name: Title: Address: City: State: Phone: Fax: Suncom: Email: Mario Di Gennaro Mayor Florida Keys Marathon Airport 9400 Overseas Highway, Suite 210 Marathon FL Zip: 33050 305-289-6000 Ext: 305-289-6306 boccdis4@ monroecounty-fl.gov Chief Financial Officer Name: Danny Kolhage Title: Clerk Address: 500 Whitehead Street City: Key West State: FL Zip: 33040 Phone: 305-292-3550 Ext: Fax: 305-295-3663 Suncom: Email: dkolhage@monroe-c1erk.com Section #1 Page 1 of 2 Application Ref # Contract 2008-JAGC-636 -JAGC-MONR- - - Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide Implementing Agency Organization Name: Monroe County Board of Commissioners County: Monroe Chief Official Name: Mario Di Gennaro Title: Mayor Address: Florida Keys Marathon Airport 9400 Overseas Highway, Suite 210 Marathon FL 305-289-6000 305-289-6306 City: State: Phone: Fax: Suncom: Email: Zip: Ext: 33050 boccdis4@monroecounty-fl.gov Project Director Name: David Owens Title: Grants Administrator Address: 1100 Simonton Street City: Key West State: FL Zip: 33040 Phone: 305-292-4482 Ext: Fax: 305-292-4515 Suncom: Email: owens-david@monroecounty-fl.gov Application Ref # Contract 2008-JAGC-636 -JAGC-MONR- - - Section #1 Page 2 of 2 Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide General Project Information Project Title: MONROE YOUTH CHALLENGE MIDDLE SCHOOL PROGRAM III Project Sequence No: 1 Subgrant Recipient: Monroe County Board of Commissioners Implementing Agency: Monroe County Board of Commissioners Project Start Date: 10/1/2007 End Date: 9/30/2008 Problem Identification RISK FACTORS. Monroe County youth show a higher occurrence of risk factors of 55% compared the state average of 52% (Florida Youth Substance Abuse Survey 2006). There are many risk factors that may influence them that could cause them to feel the need to self-medicate with substances, engage in or endure bullying and violence, have low school attendance, drop out of school, exhibit criminal behavior and an overall lack of productivity, experience depression, and even commit suicide. Middle School years are often the turning point for youth. Many students drop out of school shortly after ninth grade. A spike in discipline incidents occur in the 7-9 grade years. MYCP believes that targeting these age groups will provide the youth support to avoid risky behavior. Monroe County Schools are directly seeing a dramatic increase in drugs in our youth community. This is evident and can be confirmed anecdotally by principals and supported by arrest/incident records and the 2006 Florida Youth Substance Abuse Survey (FYSAS). To preserve the "Keys" atmosphere and avoid the Miami-like environment this must be stopped immediately. MYCP is committed to be an agent of change working closely with schools to analyze the issues and provide community support to ensure solutions. To lower the risk factors the community must raise the protective factors. MYCP utilizes the Search Institutes Development Assets as our method of raising protective factors. MYCP needs to continue in building Development Assets for youth in Monroe County. PROTECTIVE FACTORS. At one time behind the state average, Monroe County's overall protective factors have increased from 45% to 48% since MYCP's first year of inception in 2001 with the most notable improvement in the areas of Community Domain which had a 7% increase and School Domain which had a 10% increase. While Monroe's average increased both domains saw a decrease statewide. 0-10 Assets 11-20 Assets 21-30 Assets 31-40 Assets Alcohol 45% 26% 11 % 3% Violence 62% 38% 18% 6% Illicit Drugs 34% 23% 11 % 3% Project Summary Capitalizing on the success of the programs in high schools over the past four years, MYCP has brought programming to middle schools. The services are coordinated by the Monroe Youth Challenge Program Prevention Coordinators. These services may be Application Ref # 2008-JAGC-636 Section #2 Page 1 of 2 Contract -JAGC-MONR- - - Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide provided by community partners, volunteers, and older youth facilitators. All programs are executed with the end goal of providing opportunity for youth to develop personal assets and protective factors. Monroe Youth Challenge Program offers: 1) Motivational workshops and Signature Programs which build positive, empathetic relationships among peers and adults and increase commitment to ending violence, building tolerance and "Being an Agent of Positive Change." These may include professional services, such as motivational speaker, Daniel Davison, who motivated 1,400 middle school aged youth with his drug awareness presentation. It also includes our signature programs like Challenge Day or our recently created 8TP (8th Grade Transition Program). Designed by Monroe County High School students who have benefited from MYCP's Leadership programs, this program was created to end school rivalry and bullying for students from middle school as they enter high school. These events will educate students from all socioeconomic ranges to the real threats of emotional burdens throughout the school including, racism, violence, bullying and harassment. These programs support the development of stronger relationships among students and their peers, family, and community. MYCP signature programs foster alliances through understanding the common challenges faced by children. Working to strengthen the leadership skills in students that do not feel included, MYCP actively searches for students on campus suffering from alienation, who do not feel connected to the school. Strengthening students emotional health, redirecting negative factors and empowering the individuals to overcome obstacles, 2) Abuse Prevention and Anti-Bullying Peer Educator Trainings which build protective factors and responsibility to "BE the CHANGE" and model healthy choices for younger peers; 3) Community Service Projects in conjunction with community agencies supporting violence and drug prevention and youth development; 4) Leadership and Life Skills classes and trainings; and 5) Grassroots coordination with schools, existing law enforcement, juvenile justice agencies, social service and civic organizations in order to integrate and increase the impact of existing crime prevention and substance abuse education efforts among public, private and home school students. 6) Partnerships with other youth agencies to encourage seamless community service projects: agencies that in the past lacked student involvement have benefited from the organized approach MYCP uses with student directed activities and the community has benefited from meaningful community service projects and the students have benefited from the direct adult supervision, productive activities, the learning gains as academic approaches have been utilized and an increased sense of community awareness. Application Ref # Contract 2008-JAGC-636 -JAGC-MONR- - - Section #2 Page 2 of 2 Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide General Performance Info: Performance Reporting Frequency: Quarterly Federal Purpose Area: 003 - Prevention and Education Programs State Purpose Area: 04A - Community Crime Prevention Activity Descri ption Activity: Community Service Target Group: Children Geographic Area: School District Location Type: School, Middle Activity Description Activity: Community Leader Meetings Target Group: Children Geographic Area: School District Location Type: School, Middle Activity Description Activity: Crime Prevention Education Target Group: Children Geographic Area: School District Location Type: School, Middle Activity Description Activity: Drug Free Events Target Group: Children Geographic Area: School District Location Type: School, Middle Activity Description Activity: Mentoring Target Group: Children Geographic Area: School District Location Type: School, Middle Application Ref # Contract Section #3 Page 1 of 4 2008-JAGC-636 -JAGC-MONR- - - Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide Activity Description Activity: Recreation Program Target Group: Children Geographic Area: School District Location Type: School, Middle Address(es) : Horace O'Bryant Middle School 11 05 Leon Street Key West, FL 33040 Key Largo School 104801 Overseas Key Largo , FL 33037 Marathon Middle School 350 Sombrero Beach Blvd. Marathon , FL 33050 Monroe Youth Challenge 90-B Sombrero Road Marathon, FL 33050 Plantation Key School 100 Lake Road Tavernier, FL 33070 Stanley Switlik School 3400 Overseas Highway Marathon, FL 33050 Sugarloaf School 225 Crane Blvd. Sugarloaf Key, FL 33042 Objectives and Measures Objective: 04A.01 - Provide a specified number of alternative drug-free events. [Alternative drug-free events would include any participatory event designed to strengthen the anti-drug message and/or anti-crime message.] Measure: Part 1 How many alternative drug free events will be conducted? Application Ref # Contract 2008-JAGC-636 -JAGC-MONR- -- Section #3 Page 2 of 4 Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide Goal: 9 Objective: 04A.02 - Present a specified number of crime and substance abuse prevention education classes. Measure: Part 1 How many crime prevention and substance abuse education classes will be presented? Goal: 80 Objective: 04A.03 - Conduct a specified number of life skill development education classes. Measure: Part 1 How many life skill development education classes will be presented? Goal: 40 Objective: 04A.05 - Conduct a specified number of meetings with community leaders for the purpose of identifying neighborhood problems/developing proposed solutions/support groups. Activities should be reported separately from Neighborhood Watch/Business Watch Programs. Measure: Part 1 How many meetings with community leaders for the purpose of identifying neighborhood problems and developing proposed solutions will be conducted? Goal: 12 Objective: 04A.09 - Conduct a specified number of community service projects which may include neighborhood clean-up campaigns. Measure: Part 1 How many community service projects which may include neighborhood clean-up campaigns, will be conducted. Goal: 24 Application Ref # Contract 2008-JAGC-636 -JAGC-MONR- -- Section #3 Page 3 of 4 Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide Section Questions: Question: If "other" was selected for the geographic area, please describe. Answer: N/A Question: If "other" was selected for location type, please describe. Answer: N/A Application Ref # Contract 2008-JAGC-636 -JAGC-MONR- -- Section #3 Page 4 of 4 Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide General Financial Info: Note: All financial remittances will be sent to the Chief Financial Officer of the Subgrantee Organization. Financial Reporting Frequency for this Subgrant: Quarterly Is the subgrantee a state agency?: No SAMAS I Vendor Number: 59-6000749 Budget: Budget Category Federal Match Total Salaries and Benefits $0.00 $0.00 $0.00 Contractual Services $47,019.00 $0.00 $47,019.00 Expenses $0.00 $0.00 $0.00 Operating Capital $0.00 $0.00 $0.00 Outlay Indirect Costs $0.00 $0.00 $0.00 -- Totals -- $47,019.00 $0.00 $47,019.00 Percentage 100.0 0.0 100.0 Project Generated Income: Will the project earn project generated income (PGI) ? No Application Ref # Contract 2008-JAGC-636 -JAGC-MONR- -- Section #4 Page 1 of 3 Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide Budget Narrative: TOTAL BUDGET (CONTRACTUAL SERVICES): $47,019.00 BUDGET SUB-CATEGORIES: SALARIES AND BENEFITS: $39,019.00 One MYCP Middle School District Prevention Coordinator: Research programming, establish community partnerships and train the prevention coordinators the high school student leaders 3-5 MYCP Prevention Coordinators - these part-time coordinators work with the at school and in the community. They organize prevention classes, drug-free activities and community service projects. Administrative Assistants: part time employees EXPENSES: 2,000.00 Includes prevention materials, club materials. Prevention Coordinators and student leaders quarterly training. The state Prevention Conference in which students and adults receive a variety of activities ideas, leadership training and free resources to implement in their district is an example of trainings that may be utilized as determined by the readiness and needs of each region. TRAVEL: $1,000.00 This would include per diem rates for food and lodging for training mentioned above. PROFESSIONAL FEES: $5,000 These assemblies, such as Challenge Day, and substance abuse assemblies, are delivered to every middle school aged student in the county. They carry important messages and are easy to implement for the schools as MYCP does all of the coordinating. SERVICES WILL BE PROVIDED PURSUANT TO A CONTRACT BETWEEN MONROE COUNTY AND THE MONROE COUNTY EDUCATION FOUNDATION. Application Ref # Contract 2008-JAGC-636 -JAGC-MONR- - - Section #4 Page 2 of 3 Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide Section Questions: Question: Indicate the Operating Capital Outlay threshold established by the subgrantee. Answer: $1 ,000.00 Question: If salaries and benefits are included in the budget as actual costs for staff in the implementing agency, is there a net personnel increase, or a continued net personnel increase from the previous Byrne program? Answer: Yes Question: If indirect cost is included in the budget, indicate the basis for the plan (e.g. percent of salaries and benefits), and provide documentation of the appropriate approval of this plan. Answer: N/ A Question: If the budget includes services based on unit costs, provide a definition and cost for each service as part of the budget narrative for contractual services. Include the basis for the unit costs and how recently the basis was established or updated. Answer: N/A Application Ref # Contract 2008-JAGC-636 -JAGC-MONR- -- Section #4 Page 3 of 3 Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide Insert Standard Conditions Page here. Application Ref # Contract 2008-JAGC-636 -JAGC-MONR- - - Section #5 Page 1 of 1 Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide In witness whereof, the parties affirm they each have read and agree to the conditions set forth in this agreement, have read and understand the agreement in its entirety and have executed this agreement by their duty authorized officers on the date, month and year set out below. Corrections on this page, including Strikeovers, whiteout, etc. are not acceptable. Signature: Typed Name and Title: Date: Typed Name of Subgrant Signature: Typed Name and Date: Typed Name of Implementing Signature: Typed Name and Date: Application Ref # Contract 2008-JAGC-636 -JAGC-MONR- -- Section #6 Page 1 of 1 Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide Insert Certifications and Authorizations here. Application Ref # Contract 2008-JAGC-636 -JAGC-MONR- - - Section #7 Page 1 of 1 Draft Application for Care Center for Mental Health Family Treatment Drug Court Program Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide Subgrant Recipient Organization Name: Monroe County Board of Commissioners County: Monroe Chief Official Name: Title: Address: City: State: Phone: Fax: Suncom: Email: Mario Di Gennaro Mayor Florida Keys Marathon Airport 9400 Overseas Highway, Suite 210 Marathon FL Zip: 33050 305-289-6000 Ext: 305-289-6306 boccdis4@monroecounty-fl.gov Chief Financial Officer Name: Danny Kolhage Title: Clerk Address: 500 Whitehead Street City: Key West State: FL Zip: 33040 Phone: 305-292-3550 Ext: Fax: 305-295-3663 Suncom: Email: dkolhage@monroe-c1erk.com Section #1 Page 1 of 2 Application Ref # Contract 2008-JAGC-634 -JAGC-MONR- - - Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide Implementing Agency Organization Name: Monroe County Board of Commissioners County: Monroe Chief Official Name: Title: Address: City: State: Phone: Fax: Suncom: Email: Mario Di Gennaro Mayor Florida Keys Marathon Airport 9400 Overseas Highway, Suite 210 Marathon FL Zip: 33050 305-289-6000 Ext: 305-289-6306 boccdis4@ monroecounty-fl.gov Project Director Name: David Owens Title: Grants Administrator Address: 1100 Simonton Street City: Key West State: FL Zip: 33040 Phone: 305-292-4482 Ext: Fax: 305-292-4515 Suncom: Email: owens-david @ mon roecounty-fl.gov 2008-JAGC-634 -JAGC-MONR- - - Section #1 Page 2 of 2 Application Ref # Contract Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide General Project Information Project Title: FAMILY TREATMENT DRUG COURT IV Project Sequence No: 1 Subgrant Recipient: Monroe County Board of Commissioners Implementing Agency: Monroe County Board of Commissioners Project Start Date: 10/1/2007 End Date: 9/30/2008 Problem Identification This program addresses the outpatient substance abuse treatment needs of domestic abuse offenders. Either substance abuse or child abuse/neglect has a devastating effect on families and the combination of the two can be overwhelming. The whole family feels the effects of the offender's substance abuse problem physically, mentally, and economically. Children being removed from their home or living with that possibility is both frightening and threatening to adults and children alike. The demand for outpatient substance abuse treatment in Monroe County far exceeds the county's capacity. The Florida Department of Children & Families (DCF) indicates that there are about 864 reports of abuse and neglect per year in Monroe County. DCF estimates that 75% of the reports have substance abuse involvement. Of the number of reports made, about 143 cases are filed in Dependency Court each year. An estimated 205 children in the state of Florida die each year as a result of child abuse. The intent of the Dependency Law, as outlined in Florida Statute 39.001, is to provide for the care, safety, and protection of children in an environment that fosters healthy social, emotional, intellectual, and physical development. Although logically, a very important component of a healthy home environment would be non-abusing parents, there has been no program which addresses this important issue and no identified funding sources. Monroe County is, by definition, a small rural county with all the typical problems of small rural counties, including lack of treatment facilities and problems with transportation. It is common for someone to be referred for services to an agency whose nearest facility is fifteen to twenty miles from their home. It is common for many of the families involved to have no or unreliable transportation and there is no intercity mass transit. It is common for those supporting families to work two or three jobs to make ends meet in this, the most expensive county in the state of Florida. Project Summary The Care Center for Mental Health will provide a "Drug Court" model of substance abuse treatment services for identified clients of the Department of Children and Families who are involved both with dependency cases and the drug courts in the Middle and Upper Keys. The Family Treatment Drug Court Program will supply a qualified therapist, headquartered and supervised at the Care Center of the Upper Keys, to provide services from Big Pine Key to Key Largo. What makes this program work, and what makes it unique, is that some of the program components will be provided for the participants at their home or within their Application Ref # 2008-JAGC-634 Section #2 Page 1 of 3 Contract -JAGC-MONR- - - Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide own community. The Family Treatment Drug Court therapist will provide comprehensive intervention and treatment services on-site at the homes involved, at schools, at daycare centers, and in any other necessary location. Services are offered through a variety of educational outpatient treatment modalities. All clients will continue to fulfill the requirements of any Drug Court involved client, i.e. individual counseling, group counseling, regular urine assessments, and Twelve Step meetings but the monitoring and accountability will be with the Family Treatment Drug Court Counselor instead of the regular Drug Court counselor. In addition, such services as comprehensive case management, family counseling, child counseling, and vocational guidance will be offered. The program's goal is to provide services to an ongoing case load of 20 child abuse offenders who also have a substance abuse problem. It is expected that 12 (60%) of the program participants will complete the prescribed treatment regime of one year's duration. The Family Treatment Drug Court Program supports the risk and protective theory of substance abuse and the bio-psychosocial model of addiction. Each individual is exposed to risk and protective factors for substance abuse within the domains of individual, family, peer, school, community and society. Substance abuse and dependency occur through the complex interaction of biological (genetics, changes in brain chemistry), psychological (beliefs, values, cognition), and sociological (drug availability, social and cultural norms) factors. The ultimate goal of services is the prevention, reduction, or elimination of the negative effects of alcohol and other drugs and the amelioration of any associated problems. The Family Treatment Drug Court Program supports a philosophy of research-driven and evidence-based prevention, intervention, and treatment protocols. Prevention services strive to decrease risk and strengthen protective factors. Treatment services focus upon client strengths and the appropriate use of clinical techniques to move clients through the treatment process in a supportive, motivational, and progressive manner towards positive outcomes. Services are organized consistent with a stage-based model of prevention, outreach and referral, clinical evaluation, treatment delivery and transitional care. Clients are treated in the least restrictive environment. Treatment planning is based on the outcome of the evaluation, and builds upon client strengths and addresses engagement, early recovery and continuing care issues. Treatment services utilize evidence-based practices that address substance abuse, mental health, and related issues in an integrated manner. Services are designed to be culturally appropriate. Continuing care integrates relapse prevention, individual counseling as needed, support groups, employment/education guidance, and strengthening of relationships with family and friends. All clinical services are provided with the intent of engaging clients early. Client and counselor attributes, skills, and program characteristics are assessed on an on-going basis. Admission to treatment is based on urinalysis results and a psychosocial assessment, which addresses the drug and alcohol patterns, family, medical, educational, vocational, legal, environmental, and mental status of the client. Information from other sources (i.e., family, other treatment centers, probation officers, etc.), is obtained when Application Ref # Contract 2008-JAGC-634 -JAGC-MONR- - - Section #2 Page 2 of 3 Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide appropriate. Clients will be treated in the most appropriate, least restrictive setting. We consider the severity of abuse and dependence, medical needs, prior treatment and outcomes, life skills (education, vocational, etc.) and external support systems. Clients in need of immediate medical treatment for dependence will be referred to an appropriate medical provider. Medical histories will be completed on all clients, and they will be referred for medical follow-up when appropriate. Clients at immediate risk of suicide or homicide or needing psychiatric care will be referred to the area Crisis Stabilization Unit. Clients in need of other services beyond the scope of the program will be referred appropriately. A variety of community resources exists, and referral handbooks are available to our clients. Referrals will be documented in the clinical record and follow-up information obtained. Treatment plans will be individualized and developed with the client. The plan will be updated at least monthly. Intervention strategies will include individual, group, and family therapy in addition to on going urinalysis and monthly Drug Court Status Hearing attendance. The program is designed to last about 12 months. All clinical services are conducted under the supervision of a qualified supervisor. Supervisors will provide consultation, clinical supervision, and review of work performance and record reviews. In addition, all psychosocial assessments and treatment plans are reviewed and co-signed by a credentialed addiction professional. The program conducts quality improvement reviews of care quarterly. Step by step process of the drug court. (1 )-Case identified by Department of Children and Families, referral made for Drug Court assessment by DC&F or Judge. (2)-Assessment conducted by Drug Court by qualified professional (3)-lf client meets treatment eligibility criteria per SASSI, DSM IV, urinalysis results, a recommendation for placement is made and Judge places the client in the program. Clients in the program have been charged with child neglect or other charges in which substance abuse has been identified by DC&F counselors as an issue, as well as possession of controlled substances. Clients appear before the judge monthly, attend group therapy weekly and individual therapy as designated by phase of treatment the client is in. Frequency of family sessions is determined in the case plan. Application Ref # Contract 2008-JAGC-634 -JAGC-MONR- -- Section #2 Page 3 of 3 Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide General Performance Info: Performance Reporting Frequency: Quarterly Federal Purpose Area: 005 - Drug Treatment Programs State Purpose Area: 013 - Offender Community Treatment (13A-State; 13B-Local, 13C-Juvenile Assessment Center; 13D-Drug Court) Objectives and Questions are the same for each of the above, sub- areas specify where services are provided. Activity Description Activity: Assessment Target Group: Drug Offenders Geographic Area: County-Wide Location Type: Other Address(es) : Care Center for Mental Health 92140 Overseas Highway Tavernier, FL 33070 Activity Description Activity: Drug Court Target Group: Drug Offenders Geographic Area: County-Wide Location Type: Other Address(es) : Care Center for Mental Health 92140 Overseas Highway Tavernier, FL 33070 Activity Description Activity: Outpatient Drug Treatment Target Group: Drug Offenders Geographic Area: County-Wide Location Type: Other Application Ref # Contract 2008-JAGC-634 -JAGC-MONR- - - Section #3 Page 1 of 7 Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide Address(es) : Care Center for Mental Health 92140 Overseas Highway Tavernier, FL 33070 Activity Description Activity: Drug Testing Target Group: Drug Offenders Geographic Area: County-Wide Location Type: Other Address(es) : Care Center for Mental Health 92140 Overseas Highway Tavernier, FL 33070 Activity Description Activity: Referrals Target Group: Drug Offenders Geographic Area: County-Wide Location Type: Other Address(es) : Care Center for Mental Health 92140 Overseas Highway Tavernier, FL 33070 Activity Description Activity: Alcohol Testing Target Group: Drug Offenders Geographic Area: County-Wide Location Type: Other Address(es) : Application Ref # Contract 2008-JAGC-634 -JAGC-MONR- -- Section #3 Page 2 of 7 Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide Care Center for Mental Health 92140 Overseas Highway Tavernier, FL 33070 Activity Description Activity: Domestic Violence Training Target Group: Drug Offenders Geographic Area: County-Wide Location Type: Other Address(es) : Care Center for Mental Health 92140 Overseas Highway Tavernier, FL 33070 Activity Description Activity: Family Therapy Target Group: Drug Offenders Geographic Area: County-Wide Location Type: Other Address(es) : Care Center for Mental Health 92140 Overseas Highway Tavernier, FL 33070 Activity Description Activity: Substance Abuse Treatment Target Group: Drug Offenders Geographic Area: County-Wide Location Type: Other Address(es) : Care Center for Mental Health 92140 Overseas Highway Tavernier, FL 33070 Application Ref # Contract 2008-JAGC-634 -JAGC-MONR- - - Section #3 Page 3 of 7 Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide Objectives and Measures Objective: 013.01 - Provide treatment services through various treatment modalities to a specified number of individuals. Measure: Part 2 How many clients will be provided INTERVENTION services? Goal: 20 Measure: Part 3 How many clients will be provided OUTPATIENT services? Goal: 20 Objective: 013.02 - Provide an array of treatment services. Measure: Part 1 Will most clients be provided psychosocial assessments? Goal: Yes Measure: Part 3 Will most clients be provided urinalysis? Goal: Yes Measure: Part 4 Will most clients be provided case management services? Goal: Yes Measure: Part 5 Will most clients be provided counseling services? Goal: Yes Objective: 013.03 - Assist a specified number of clients to successfully complete their treatment plan. Measure: Part 2 How many INTERVENTION clients will successfully COMPLETE their treatment? Goal: 8 Measure: Part 3 Application Ref # Contract 2008-JAGC-634 -JAGC-MONR- - - Section #3 Page 4 of 7 Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide How many OUTPATIENT clients will successfully COMPLETE their treatment? Goal: 8 Objective: 013.04 - Establish or support a drug court program. Measure: Part 1 Will there be continued judicial supervision over offenders with substance abuse problems who are not violent offenders? Goal: Yes Measure: Part 2 Will there be mandatory periodic testing of each offender for the use of controlled substances or other addictive substances during any period of supervised release or probation? Goal: Yes Measure: Part 3 Will there be substance abuse treatment for each participant; probation or other supervised release involving the prosecution? Goal: Yes Measure: Part 4 Will there be confinement, or incarceration because of noncompliance with program requirements or failure to show satisfactory progress? Goal: Yes Objective: 013.05 - Serve a specified number of participants in a drug court program. Measure: Part 1 How many participants will there be in a drug court program? Goal: 17 Objective: 013.06 - Determine a specified number of participants who will successfully graduate from participation in a drug court program. Measure: Part 1 How many drug court participants will successfully graduate from the program? Goal: 10 Application Ref # Contract 2008-JAGC-634 -JAGC-MONR- - - Section #3 Page 5 of 7 Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide Application Ref # Contract 2008-JAGC-634 -JAGC-MONR- -- Section #3 Page 6 of 7 Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide Section Questions: Question: If "other" was selected for the geographic area, please describe. Answer: N/ A Question: If "other" was selected for location type, please describe. Answer: N/A Application Ref # Contract 2008-JAGC-634 -JAGC-MONR- -- Section #3 Page 7 of 7 Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide General Financial Info: Note: All financial remittances will be sent to the Chief Financial Officer of the Subgrantee Organization. Financial Reporting Frequency for this Subgrant: Quarterly Is the subgrantee a state agency?: No SAMAS I Vendor Number: 59-6000749 Budget: Budget Category Federal Match Total Salaries and Benefits $0.00 $0.00 $0.00 Contractual Services $58,462.00 $0.00 $58,462.00 Expenses $0.00 $0.00 $0.00 Operating Capital $0.00 $0.00 $0.00 Outlay Indirect Costs $0.00 $0.00 $0.00 -- Totals -- $58,462.00 $0.00 $58,462.00 Percentage 100.0 0.0 100.0 Project Generated Income: Will the project earn project generated income (PGI) ? No Application Ref # Contract 2008-JAGC-634 -JAGC-MONR- - - Section #4 Page 1 of 3 Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide Budget Narrative: SALARIES AND BENEFITS: Substance Abuse Counselor 38,000 FICA 2,907 Health Insurance 2,652 Subtotal Counselor 43,559 Clinical Director (.25) 9,957 FICA 762 Health Insurance 884 Subtotal Clinical Director 11,603 Total Salaries and Benefits 55,162 Expenses: Travel between base in Marathon, office in Tavernier, and main office in Key West paid in accordance with Fla. Statute 112.061 1,500 Operating supplies, such as workbooks and videos 1 ,300 Office supplies 500 Total Expenses 3,300 Total budget $58,462 SERVICES WILL BE PROVIDED PURSUANT TO A CONTRACT BETWEEN MONROE COUNTY AND THE CARE CENTER FOR MENTAL HEALTH Application Ref # Contract 2008-JAGC-634 -JAGC-MONR- - - Section #4 Page 2 of 3 Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide Section Questions: Question: Indicate the Operating Capital Outlay threshold established by the subgrantee. Answer: $1,000.00 Question: If salaries and benefits are included in the budget as actual costs for staff in the implementing agency, is there a net personnel increase, or a continued net personnel increase from the previous Byrne program? Answer: Yes Question: If indirect cost is included in the budget, indicate the basis for the plan (e.g. percent of salaries and benefits), and provide documentation of the appropriate approval of this plan. Answer: N/ A Question: If the budget includes services based on unit costs, provide a definition and cost for each service as part of the budget narrative for contractual services. Include the basis for the unit costs and how recently the basis was established or updated. Answer: N/A Application Ref # Contract 2008-JAGC-634 -JAGC-MONR- - - Section #4 Page 3 of 3 Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide Section 5: Standard Conditions Insert Standard Conditions Page here. Application Ref # Contract 2008-JAGC-634 -JAGC-MONR- - - Section #5 Page 1 of 1 Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide In witness whereof, the parties affirm they each have read and agree to the conditions set forth in this agreement, have read and understand the agreement in its entirety and have executed this agreement by their duty authorized officers on the date, month and year set out below. Corrections on this page, including Strikeovers, whiteout, etc. are not acceptable. Signature: Typed Name and Title: Date: Typed Name of Subgrant Signature: Typed Name and Date: Typed Name of Implementing Signature: Typed Name and Date: MONROE COUNTY ATTORNEY A~%A/T~: YNTHIA L. ALL ASSISTANT COUNTY ATTORNEY Date () l.o - or/}- 0 '"":r Application Ref # Contract 2008-JAGC-634 -JAGC-MONR- - - Section #6 Page 1 of 1 Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide Insert Certifications and Authorizations here. Application Ref # Contract 2008-JAGC-634 -JAGC-MONR- - - Section #7 Page 1 of 1 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: June 20.2007 Bulk Item: Yes I:8J No D Division: Budaet and Finance Department: Grants Administration Staff Contact Person: David P. Owens AGENDA ITEM WORDING: Approval (retroactive) to applv for Residential Substance Abuse Treatment Grant and for the Mavor. Chief Financial Officer. and Grants Administrator to sian the application and related certifications and attachments. and complete the arant application online at the Florida Dept. of Law Enforcement website. ITEM BACKGROUND: Federal funds are provided throuah the Florida Dept of Law Enforcement to implement the Residential Substance Abuse Treatment Proaram for inmates in correctional institutions with six to twelve months remainina on their sentence. This arant is currentlv used to fund the Jail Incarceration Proaram. administered bv the Care Center for Mental Health at the Detention Center on Stock Island. This will be the sixth year of RSAT arant fundina for the proaram. Attached is a draft of the application. The notice of fundina availabilitv was received too late for the Mav BOCC meetina. and the application is due June 15. 2007. PREVIOUS RELEVANT BOCC ACTION: Approval to applv past five years: approval of contracts with FDLE and Care Center for Mental Health past five years. CONTRACT/AGREEMENT CHANGES: n/a STAFF RECOMMENDATION: Approval TOTAL COST: $66.667.00 COST TO COUNTY: $16.667.00 BUDGETED: Yes I:8J No D SOURCE OF FUNDS: Fine and Forfeiture Fund - ad valorem taxes. REVENUE PRODUCING: Yes D No I:8J t\.-\\ APPROVED BY: COUNTY ATTY ~ OMB/PURCHASING DIVISION DIRECTOR APPROVAL: AMOUNT PER MONTH YEAR RISK MANAGEMENT&- DOCUMENTATION: INCLUDED: I:8J NOT REQUIRED: D DISPOSITION: AGENDA ITEM #: FDLE Grant Information Page 1 of 2 Residential Substance Abuse Treatment (RSAT) Grant Program The Purpose The Florida Department of Law Enforcement acts as the State Administrative Agency for the Residential Substance Abuse Treatment (RSAT) for State Prisoners which is authorized by the Violent Crime Control and Enforcement Act of 1994. The program is administered by the Bureau of Justice Assistance in the Office of Justice Programs, U. S. Department of Justice. Its purpose is to "assist state and local units of government in developing and implementing residential substance abuse treatment programs within state and local correctional and detention facilities in which prisoners are incarcerated for a period of time sufficient to permit substance abuse treatment." Allocations The U. S. Department of Justice has allocated to the State of Florida, $2,915,505 in funds for the Federal Fiscal Year 2003, to be distributed to units of state and local government for the purpose of implementing residential substance abuse treatment programs. No funds were allocated in FFY 2004. Eligibility . Must be a state or unit of local government (Board of County Commissioners) which will provide RSAT services to prisoners who are held in local correctional facilities, and who have at least six months, and no more than 12 months, left to serve in their sentence. . Each offender must participate in the program for not less than 6 or more than 12 months, unless he or she drops out or is terminated. . Be provided in residential treatment facilities set apart from the general correctional population. Set apart means a totally separate facility or a dedicated housing unit within a facility exclusively for use by program participants. Focus on the substance abuse problems of the inmate. . . Develop the inmate's cognitive, behavioral, social, vocational, and other skills to solve the substance abuse and related problems. Match Requirements Twenty Five (25) percent cash match. Distribution of Funds During SFY 2005, approximately $1 ,800,000 will be used by the Florida Department of Corrections for substance abuse treatment of prisoners and $1,150,000 will be utilized by the Florida Department of Juvenile Justice for drug treatment of juveniles. An additional $1.3 million is allocated to fund drug treatment programs in local jails. The local projects are selected by a competitive request for proposal process. Funding Period Funding cycles run for one year, with continuation funding available for the following . year based upon program success, compliance and availability of funds. Applications for Funding http://wwwJdle.state.fl.us/grants/RSA T /RSA T%20detail.html 5/31/2007 FDLE Grant Information Page 2 of 2 Applications for funding are available during the period of notice and may be obtained by contacting the Office of Criminal Justice Grants at (850) 410-8700. Before beginning the application for funding process, contact the Office of Criminal Justice Grants at the number listed above for eligibility requirements. Reporting Requirements and Forms . Quarterly/Final Performance Reports - The Quarterly Performance Reports must be submitted upon the close of the quarter, either on or before May 1, August 1, November 1, and February 1. In addition, a Final Performance must be submitted within 45 days after the close of the grant. Clic:kJoyiewJorrD~ Reimbursement Request - due thirty-one (31) days after the end of each reporting period. CJic:kJOyieWJorm$ . . Financial Closeout Package - due forty-five (45) days after the end of the subgrant termination date. Must be submitted with the Final Project Expenditure Report. CJick tovieliYJQrm . According to the Office of Management and Budget, a non-federal entity expending less than $300,000 in Federal Funds during the audit period is not required to submit an annual audit. If your agency has expended less than $300,000 complete the Certification of Audit Exemption form below. Certification of Audit Exemption Form - Click to view f,Qrm Current Fiscal Year Funding Approximately $2.8 million is received on an annual basis from the U. S. . Department of Justice to be used to support RSAT Programs. Florida will continue to fund local level projects and develop new and expand existing state level projects that meet the federal RSAT criteria. . The State of Florida was awarded approximately $2.9 million from FFY 2003. The US Congress did not authorize funding for the federal RSAT program in the FFY 2004 Omnibus Budget. Contact Information Telephone: (850) 410-8700 Fax: (850) 410-8727 or 8728 Program Administrator Mailing/Shipping Address: Florida Department of Law Enforcement Office of Criminal Justice Grants 2331 Phillips Road Tallahassee, Florida 32308 What's New! Watch here for information regarding future funding. Return to FDLE Grants Horne Page http://www.fdIe.state.fl.us/grants/RSAT/RSAT%20detail.htmI 5/3112007 Application for Funding Assistance Florida Department of Law Enforcement Residential Substance Abuse Treatment Subgrant Recipient Organization Name: Monroe County Board of Commissioners County: Monroe Chief Official Name: Title: Address: City: State: Phone: Fax: Suncom: Email: Mario Di Gennaro Mayor Florida Keys Marathon Airport 9400 Overseas Highway, Suite 210 Marathon FL Zip: 33050 305-289-6000 Ext: 305-289-6306 boccdis4@ monroecounty-fl.gov Chief Financial Officer Name: Danny Kolhage Title: Clerk Address: 500 Whitehead Street City: Key West State: FL Zip: 33040 Phone: 305-292-3550 Ext: Fax: 305-295-3663 Suncom: Email: dkolhage@monroe-clerk.com Section #1 Page 1 of 2 Application Ref # Contract 2008-RSAT-36 -RSAT-MONR- -- Application for Funding Assistance Florida Department of Law Enforcement Residential Substance Abuse Treatment Implementing Agency Organization Name: Monroe County Board of Commissioners County: Monroe Chief Official Name: Title: Address: City: State: Phone: Fax: Suncom: Email: Mario Di Gennaro Mayor Florida Keys Marathon Airport 9400 Overseas Highway, Suite 210 Marathon FL Zip: 33050 305-289-6000 Ext: 305-289-6306 boccdis4@monroecounty-fl.gov Project Director Name: David Owens Title: Grants Administrator Address: 1100 Simonton Street City: Key West State: FL Zip: 33040 Phone: 305-292-4482 Ext: Fax: 305-292-4515 Suncom: Email: owens-david@monroecounty-fl.gov Application Ref # Contract Section #1 Page 2 of 2 2008-RSAT-36 -RSAT-MONR- - - Application for Funding Assistance Florida Department of Law Enforcement Residential Substance Abuse Treatment General Project Information Project Title: MONROE COUNTY JAIL INCARCERATION PROGRAM Project Sequence No: 1 Subgrant Recipient: Monroe County Board of Commissioners Implementing Agency: Monroe County Board of Commissioners Project Start Date: 9/1/2007 End Date: 8/31/2008 Problem Identification N/A (as specified in instructions) Project Summary The Jail Incarceration Program is an in house substance abuse treatment program housed in the Monroe County Detention Center. It began in 1997 and has served approximately 1,000 inmates with an overall recidivism rate of thirty five percent compared to a seventy percent recidivism rate for the general population. It provides administrative and case management services as mandated by Florida Administrative code 10-E16. The last Department of Children and Families Audit they reported the program being at Best Practice Standards. This year the program will serve approximately 150 inmates. The inmates are housed separately from the general population in Dorm Golf the dorm has 54 beds in it. The majority of clients are court ordered by the Drug Court Judges in Monroe County. The program has established a positive reputation, working closely with the Judges, Prosecutors and Lawyers to offer treatment to those who find themselves in the criminal justice system due to their addiction. New features are constantly added. One such addition is the Prochaska and DiCLemente stages of Change. Each client is tracked as to which stage of change they are in and treatment is addressed appropriately. All participants have individualized treatment plans that are reviewed monthly and adjustments are made as needed. An equity of access policy was adopted this year, that makes admission polices welcoming to individuals with co-occuring disorders, inmates with learning disabilities, illiteracy and Spanish speaking inmates. This policy exists to allow access to services for all who might otherwise be denied treatment. The program includes: MORAL RECONATION THERAPY (MRT) - evidence based systematic step-by-step treatment strategy designed to enhance self-image and promote positive productive identity. COMMUNICATION SKILLS - based on a program developed for prison populations called Touchstones Discussion Project. Inmates discuss relevant topics that have pros and cons. ART AND MUSIC THERAPY - Inmates use creative sources of visual art and music to enhance cognitive functioning. JOB SKILLS TRAINING - Assessment of basic needs for education, Job searches, resume Application Ref # Contract 2008-RSA T -36 -RSAT-MONR- -- Section #2 Page 1 of 3 Application for Funding Assistance Florida Department of Law Enforcement Residential Substance Abuse Treatment writing, addressing a felony in an interview, completing employment applications, basic budgeting. STEP GROUP - The core ideas of the first three steps of AA and NA RELATIONSHIP SKILLS GROUP - The is a program from Hazelden Publishing, created for inmates, that concentrates on understanding skills to maintain healthy relationships. DRUG EDUCATION - Inmates learn and explore chemical dependency, how it impacts their lives, and the biopsychosocial nature of the disease. CRIMINAL AND ADDICTIVE THINKING - This is a cognitive behavioral class that assists inmates to identify criminal and addictive thinking that keep them in behavior patterns that return them to jail. RELAPSE PREVENTION - Presents identifying triggers, cravings, and high-risk situations that can lead to relapse. RATIONAL EMOTIVE THERAPY - Developed by Albert Ellis they learn the ABC method, A being the event, B being our beliefs about the event, and C which leads to our reaction to the event. PARENTING - An optional class that is recognized by the Dept. of Children and Families for those who have case plans. UNDERSTANDING GRIEF - An optional class on understanding how unresolved grief can manifest itself in long-term depression, addiction, Post Traumatic Stress Disorder and ambivalence. ANGER MANAGEMENT - An Optional class about the responsibility of choices when angry. INDIVIDUAL COUNSELING - At intake all inmates are assigned an Primary Counselor. This counselor follows the inmate through the program. Counselors are responsible for progress notes and summaries for the courts. Inmates' individual needs are assessed and monthly treatment plans are created to accommodate them. The primary counselor makes referrals to medical, psychiatric services, GED class, and literacy. They are a liaison for release plans including supportive housing, clothing vouchers, food vouchers, bus tickets to return to their home towns, referrals to mental health agencies for aftercare services, and connections to NA and AA meetings. The detention center continues to operate a farm and petting zoo that is maintained by the JIP clients. The clients get no tangible reward for their work on the farm, which is part of the treatment expectation to give back to the community. Another example of this is their participation in presenting to the Department of Juvenile Justice Jail Tour. Monthly DJJ brings juveniles who are in the system and are at risk for further sanctions. JIP inmates tell their stories in hopes of preventing these young adults from following the same path they have. Treatment is a minimum of six months with the possibility of lasting one year. Aftercare is six months and is provided by the Care Center for Mental Health in Key West and the Upper Keys and The Guidance Clinic of the Middle Keys in Marathon. Arrangements are made when clients are returning to their hometowns with agencies that Application Ref # Contract 2008-RSA T -36 -RSAT-MONR- -- Section #2 Page 2 of 3 Application for Funding Assistance Florida Department of Law Enforcement Residential Substance Abuse Treatment provide aftercare. This creates difficulty in reporting aftercare due to the geographic location of Key West. OBJECTIVES: The number of inmates expected to complete the program is 100. 70% of the inmates served will complete an aftercare program 97% of the inmates served in the program will remain drug free while participating 70% of the inmates in the aftercare program will not test positive for drugs/alcohol 75% of the inmates will not violate probation during aftercare 70% of the inmates served will not return to jail during the first year after release. The program will have an administrative coordinator who also serves as a counselor. There will be two additional full time counselors and one part time counselor. Due to budget restraints additional staff cannot be hired unless additional funding can be found. All staff will have a strong background in substance abuse counseling and mental health with appropriate certification. Staff expertise has a direct impact on the program efficiency. Random Drug Testing is conducted weekly with all JIP clients. Positive drug tests are sent to lock for 30 days and return to court to face the sentencing judge. A possible outcome could be a violation of probation. The program coordinator evaluates the programs effectiveness by tracking the inmates who have completed probation and checks for any new arrests within the year after completion. A data base has been kept with this information since 2003. For recidivism purposes, a sample of the programs inmates is compared to a random sample of inmates who receive no treatment. Additional programs from outside agencies available to the JIP clients include "Street Smarts" an HIV/AIDS prevention program, and "Healthy Heart" a diet nutrition, blood pressure and health program. Application Ref # Contract 2008-RSAT-36 -RSAT-MONR- -- Section #2 Page 3 of 3 Application for Funding Assistance Florida Department of Law Enforcement Residential Substance Abuse Treatment General Performance Info: Performance Reporting Frequency: Quarterly Federal Purpose Area: 0001 - Residential Substance Abuse Treatment State Purpose Area: 0001 - Residential Substance Abuse Treatment Activity Description Activity: Cognitive Restructuring Target Group: Adult Males Geographic Area: State of Florida Location Type: Jail Address(es) : Monroe County Detention Center 5525 College Road Key West, FL 33040 Activity Description Activity: 12-Step Target Group: Adult Males Geographic Area: State of Florida Location Type: Jail Address(es) : Monroe County Detention Center 5525 College Road Key West, FL 33040 Activity Description Activity: Aftercare Services Target Group: Adult Males Geographic Area: State of Florida Location Type: Jail Address(es) : Application Ref # Contract 2008-RSA T -36 -RSAT-MONR- - - Section #3 Page 1 of 11 Application for Funding Assistance Florida Department of Law Enforcement Residential Substance Abuse Treatment Monroe County Detention Center 5525 College Road Key West, FL 33040 Activity Description Activity: Community Service Target Group: Adult Males Geographic Area: State of Florida Location Type: Jail Address(es) : Monroe County Detention Center 5525 College Road Key West, FL 33040 Activity Description Activity: Drug Testing Target Group: Adult Males Geographic Area: State of Florida Location Type: Jail Address(es) : Monroe County Detention Center 5525 College Road Key West, FL 33040 Activity Description Activity: Educational Programs Target Group: Adult Males Geographic Area: State of Florida Location Type: Jail Address(es) : Monroe County Detention Center 5525 College Road Key West, FL 33040 Application Ref # Contract 2008-RSA T -36 -RSAT-MONR- - - Section #3 Page 2 of 11 Application for Funding Assistance Florida Department of Law Enforcement Residential Substance Abuse Treatment Activity Description Activity: Group Counseling Target Group: Adult Males Geographic Area: State of Florida Location Type: Jail Address(es) : Monroe County Detention Center 5525 College Road Key West, FL 33040 Activity Description Activity: Financial Management Target Group: Adult Males Geographic Area: State of Florida Location Type: Jail Address(es) : Monroe County Detention Center 5525 College Road Key West, FL 33040 Activity Description Activity: Impulse/Anger Control Target Group: Adult Males Geographic Area: State of Florida Location Type: Jail Address(es) : Monroe County Detention Center 5525 College Road Key West, FL 33040 Activity Description Activity: Job Placement Target Group: Adult Males Geographic Area: State of Florida Application Ref # Contract Section #3 Page 3 of 11 2008-RSAT-36 -RSAT-MONR- -- Application for Funding Assistance Florida Department of Law Enforcement Residential Substance Abuse Treatment Location Type: Jail Address(es) : Monroe County Detention Center 5525 College Road Key West, FL 33040 Activity Description Activity: Leadership Training Target Group: Adult Males Geographic Area: State of Florida Location Type: Jail Address(es) : Monroe County Detention Center 5525 College Road Key West, FL 33040 Activity Description Activity: Individual Counseling Target Group: Adult Males Geographic Area: State of Florida Location Type: Jail Address(es) : Monroe County Detention Center 5525 College Road Key West, FL 33040 Activity Description Activity: Mental Health Counseling Target Group: Adult Males Geographic Area: State of Florida Location Type: Jail Address(es) : Application Ref # Contract Section #3 Page 4 of 11 2008-RSAT-36 -RSAT-MONR- -- Application for Funding Assistance Florida Department of Law Enforcement Residential Substance Abuse Treatment Monroe County Detention Center 5525 College Road Key West, FL 33040 Activity Description Activity: Mentoring Target Group: Adult Males Geographic Area: State of Florida Location Type: Jail Address(es) : Monroe County Detention Center 5525 College Road Key West, FL 33040 Activity Description Activity: Other Drug Treatment Target Group: Adult Males Geographic Area: State of Florida Location Type: Jail Address(es) : Monroe County Detention Center 5525 College Road Key West, FL 33040 Activity Description Activity: Pharmacotherapy Target Group: Adult Males Geographic Area: State of Florida Location Type: Jail Address(es) : Monroe County Detention Center 5525 College Road Key West, FL 33040 Application Ref # Contract 2008-RSAT-36 -RSAT-MONR- -- Section #3 Page 5 of 11 Application for Funding Assistance Florida Department of Law Enforcement Residential Substance Abuse Treatment Activity Description Activity: Parenting Training Target Group: Adult Males Geographic Area: State of Florida Location Type: Jail Address(es) : Monroe County Detention Center 5525 College Road Key West, FL 33040 Activity Description Activity: Work Activities Target Group: Adult Males Geographic Area: State of Florida Location Type: Jail Address(es) : Monroe County Detention Center 5525 College Road Key West. FL 33040 Activity Description Activity: Therapeutic Community Target Group: Adult Males Geographic Area: State of Florida Location Type: Jail Address(es) : Monroe County Detention Center 5525 College Road Key West, FL 33040 Objectives and Measures Objective: 0001 - To continue to fund previously funded RSAT beds during this grant cycle. Measure: 0001 Application Ref # Contract 2008-RSA T -36 -RSAT-MONR- - - Section #3 Page 6 of 11 Application for Funding Assistance Florida Department of Law Enforcement Residential Substance Abuse Treatment Specify the number of previously funded RSAT beds continued during this grant cycle. Goal: 54 Objective: 0003 - To enhance RSAT treatment beds previously funded through other sources. Measure: 0003 Specify the number of treatment beds previously funded through other sources to be enhanced with RSAT during this grant cycle. Goal: 0 Objective: 0004 - To maintain adequate sentencing so that a minimum of 6 months and a maximum of 12 months of residential treatment is provided to each participant during this grant cycle. Measure: 0004 State the anticipated average length of stay (in days) for those who will complete the residential program during this grant cycle. Goal: 182 Objective: 0005 - To provide a minimum of six months and a maximum of 12 months of residential treatment services to each participant during this grant period. Measure: 0005 Specify the number of days residential treatment services are to be provided during the grant period. Goal: 260 Objective: 0006 - To make aftercare treatment available to offenders completing the RSAT program. Measure: 0006 Specify the anticipated number of days aftercare will be provided to offenders completing the RSAT program. Goal: 130 Objective: 0007 - To enroll adult male offenders into the RSAT program during the grant cycle. Measure: 0007 Specify the anticipated number of adult male offenders who will enter the RSAT program during the grant cycle. Goal: 150 Application Ref # Contract 2008-RSAT-36 -RSAT-MONR- - - Section #3 Page 7 of 11 Application for Funding Assistance Florida Department of Law Enforcement Residential Substance Abuse Treatment Objective: 0011 - To enroll adult male RSAT completions into an aftercare program during this grant cycle. Measure: 0011 Specify the anticipated number of adult male RSAT completions to enter an aftercare program during the grant cycle. Goal: 70 Objective: 0015 - To successfully treat RSAT paticipants enrolled in the residential program during the grant cycle. Measure: 0015 Specify the anticipated number of successful RSAT completions during the grant cycle. Goal: 100 Objective: 0016 - To maintain records of offenders that dropped out of the residential program during the grant cycle. Measure: 0016 Specify the anticipated number of offenders who will drop out of the residential program during the grant cycle. Goal: 30 Objective: 0017 - To maintain records of offenders that were terminated from the residential program during the grant cycle. Measure: 0017 Specify the anticipated number of offenders who will be terminated from the residential program during the grant cycle. Goal: 20 Objective: 0018 - For RSAT completions to successfully complete the aftercare program. Measure: 0018 Specify the anticipated number of RSAT completions who will successfully complete the aftercare program during the grant cycle. Goal: 50 Objective: 0020 - To maintain a reasonable and consistent average cost per day for the RSAT program during the grant cycle. Measure: 0020 State the anticipated average cost per day for the RSAT prgram during the grant cycle. Goal: 366.30 Application Ref # Contract 2008-RSAT-36 -RSAT-MONR- -- Section #3 Page 8 of 11 Application for Funding Assistance Florida Department of Law Enforcement Residential Substance Abuse Treatment Objective: 0022 - For RSAT completions to remain drug-free during the residential program. Measure: 0022 Of the number of RSAT completions, specify the anticipated number who will remain drug-free during the residential program. Goal: 145 Objective: 0025 - To fund RSAT beds during the grant cycle. Measure: 0025 Specify the number of RSAT beds to be funded during this grant cycle. Goal: 54 Objective: 0026 - To keep RSAT participants separate and apart from the general population of the facility. Measure: 0026 Specify the manner in which the RSA T participants are to be kept separate and apart from the general population of the facility during the grant cycle. Goal: RSAT participants are housed in a separate dormitory within the detention center. Objective: 0027 - To provide adequate treatment activities to be carried out during the grant period. Measure: 0027 List the treatment activities to be carried out during the grant cycle. Goal: Treatments include Moral Reconation Therapy, Communication Skills, Art and Music Therapy, Job Skills, Step Group, Relationship Skills Group, Drug Education, Criminal and Addictive Thinking, Relapse Prevention, Parenting Skills, Rational Emotive Therapy, Understanding Grief, Anger Management, and Individual Counseling. Objective: 0028 - To make aftercare treatment available to RSAT completions during the grant cycle. Measure: 0028 Specify the aftercare provider and services to be rendered during the grant cycle. If no aftercare is provided, state the reason. Goal: The local aftercare provider is the Care Center for Mental Health. The program includes relapse prevention, individual counseling, and psychiatric services. Many participants move out of Monroe County after completing the program; arrangements are made for them to enroll in an aftercare progam in their destination city or town. Application Ref # Contract 2008-RSA T -36 -RSAT-MONR- - - Section #3 Page 9 of 11 Application for Funding Assistance Florida Department of Law Enforcement Residential Substance Abuse Treatment Objective: 0029 - To develop criteria to be used to assign offenders to the RSAT program. Measure: 0029 Specify the criteria to be used to assign offenders to the RSAT program during the grant cycle. Goal: Criteria from the Diagnostic and Statistical Manual of Mental Disorders (specifically DSM-IV) are used to select eligible clients. SASSI (Substance Abuse Subtle Screening Inventory) is also utilized in the selection of clients. Objective: 0030 - To be in accordance with federal and state licensure laws. Measure: 0030 Specify the entity issuing licensure for RSAT services rendered during the grant cycle. Goal: State of Florida, Department of Children and Families. Objective: 0031 - To maintain notable progress throughout the life of the grant. Measure: 0031 Specify the progress anticipated to occur in the RSAT program during the grant cycle. Goal: Successful completion of program. Few or no relapses. Employment after release. Improved attitude. Objective: 0032 - To employ an adequate number of sufficiently trained and licensed staff to render RSAT services during the grant cycle. Measure: 0032 Specify the title(s) and anticipated date of hire for each grant funded position to be filled during the grant cycle. Goal: Program Director/Counselor - on board as of Sept. 1 Substance Abuse Counselors (3, not all funded by RSA T) - on board as of Sept. 1 Objective: 0033 - To perform drug testing of all RSAT participants during the grant cycle. Measure: 0033 Specify the frequency and type of drug testing to be performed during the grant cycle. State the sanction imposed for positive tests. Goal: Random urine testing will be conducted on all participants. The sanction imposed for a positive test will be "lock-up" for thirty days and an appearance before the Judge. Application Ref # Contract 2008-RSA T -36 -RSAT-MONR- -- Section #3 Page 10 of 11 Application for Funding Assistance Florida Department of Law Enforcement Residential Substance Abuse Treatment Application Ref # Contract Section #3 Page 11 of 11 2008-RSAT-36 -RSAT-MONR- -- Application for Funding Assistance Florida Department of Law Enforcement Residential Substance Abuse Treatment General Financial Info: Note: All financial remittances will be sent to the Chief Financial Officer of the Subgrantee Organization. Financial Reporting Frequency for this Subgrant: Quarterly Is the subgrantee a state agency?: No SAMAS I Vendor Number: 596000749 Budget: Budget Category Federal Match Total Salaries and Benefits $50,000.00 $16,667.00 $66,667.00 Contractual Services $0.00 $0.00 $0.00 Expenses $0.00 $0.00 $0.00 Operating Capital $0.00 $0.00 $0.00 Outlay Indirect Costs $0.00 $0.00 $0.00 -- Totals -- $50,000.00 $16,667.00 $66,667.00 Percentage 74.9996 25.0003 100.0 Project Generated Income: Will the project earn project generated income (PGI) ? No Application Ref # Contract 2008-RSA T -36 -RSAT-MONR- -- Section #4 Page 1 of 2 Application for Funding Assistance Florida Department of Law Enforcement Residential Substance Abuse Treatment Budget Narrative: Salaries and Benefits: Substance Abuse Counselors approx. 1 .85 FTE = 59,152.00 FICA @ 7.65% = 4,525.00 Health Insurance @ 249.24/month = 2,990.00 Total = 66.667.00 Matching funds will come from the Monroe County Fine and Forfeiture Fund. The Other Capital Outlay (OCO) threshold is $1,000.00. Indirect costs are not included. Services will be provided by the Care Center for Mental Health pursuant to a contract with Monroe County; a copy will be provided. Application Ref # Contract 2008-RSA T -36 -RSAT-MONR- - - Section #4 Page 2 of 2 Application for Funding Assistance Florida Department of Law Enforcement Residential Substance Abuse Treatment Section 5: Standard Co Insert Standard Conditions Page here. Application Ref # Contract Section #5 Page 1 of 1 2008-RSAT-36 -RSAT-MONR- -- Application for Funding Assistance Florida Department of Law Enforcement Residential Substance Abuse Treatment In witness whereof, the parties affirm they each have read and agree to the conditions set forth in this agreement, have read and understand the agreement in its entirety and have executed this agreement by their duty authorized officers on the date, month and year set out below. Corrections on this page, including Strikeovers, whiteout, etc. are not acceptable. Signature: Typed Name and Title: Date: Typed Name of Subgrant Signature: Typed Name and Date: Typed Name of Implementing Signature: Typed Name and Date: MONROE COUNTY ATTORNEY A~8.{?~ YNTHIA L. HALL ASSISTANT COUNTY ATTORNEY Date 0(0 -- 0 t- .;l.o c:r Application Ref # Contract 2008-RSAT-36 -RSAT-MONR- -- Section #6 Page 1 of 1 Application for Funding Assistance Florida Department of Law Enforcement Residential Substance Abuse Treatment Insert Certifications and Authorizations here. Application Ref # Contract 2008-RSA T -36 -RSAT-MONR- - - Section #7 Page 1 of 1 Standard Conditions Conditions of agreement requiring compliance by units of local government (subgrant recipients), implementing agencies and state agencies upon signed acceptance of the subgrant award appear in this section and will become binding upon approval of this subgrant. Failure to comply with provisions of this agreement will result in required corrective action up to and including project costs being disallowed. All persons involved in or having administrative responsibility for the subgrant must read these conditions. This Section must be returned as part of the completed application. Definitions: "Department", unless otherwise stated, refers to the Florida Department of Law Enforcement. "Recipient" refers to the governing body of a county that performs criminal justice functions as determined by the U.S. Secretary of the Interior, and includes an "Implementing Agency" which is a subordinate agency of a county or an agency under the direction of an elected official (for example, Sheriff). 1. Reports A. Project Progress Reports: Regardless of whether project activities occur or not, the recipient must submit Quarterly Project Progress Reports to the Office of Criminal Justice Grants (OCJG) by February 1, May 1, August 1, and November 1 covering subgrant activities occurring during the previous calendar quarter. In addition, if the subgrant award period is extended beyond the "original" project period, additional Quarterly Project Progress Reports shall be submitted. B. Financial Reports: (1) The recipient shall have the choice of submitting either Monthly or Quarterly Reimbursement Requests to the OCJG. All Reimbursement Requests are due thirty-one (31) days after the end of the reporting period. A final Reimbursement Request and a Criminal Justice Contract (Financial) Closeout Package shall be submitted to the OCJG within forty- five (45) days of the subgrant end date. Such Reimbursement Requests shall be distinctly identified as "final". (2) Regardless of whether costs are incurred or not, all claims for reimbursement of recipient costs shall be submitted on the Reimbursement Request forms prescribed and provided by the OCJG. A recipient shall submit either monthly or quarterly reimbursement requests in order to report current project costs. Reports are to be submitted even when no reimbursement is being requested. (3) Before the "final" Reimbursement Request will be processed, the recipient must submit to the OCJG all outstanding project performance reports and Section #5 Page 1 of 15 must have satisfied all special conditions. Failure to comply with the above provisions shall result in forfeiture of reimbursement. (4) The recipient shall submit Quarterly Project Generated Income Reports to the OCJG by February 1, May 1, August 1, and November 1, covering subgrant project generated income and expenditures occurring during the previous quarter. C. Other Reports: The recipient shall submit other reports as may be reasonably required by the OCJG. 2. Fiscal Control and Fund Accounting Procedures A. The recipient shall establish fiscal control and fund accounting procedures that assure proper disbursement and accounting of subgrant funds and required non- federal expenditures. All funds spent on this project shall be disbursed according to provisions of the project budget as approved by the OCJG. B. All expenditures and cost accounting of funds shall conform to the requirements of the Office of Justice Programs' Financial Guide, U.S. Department of Justice Common Rule for State and Local Governments, and those specified in the federal Office of Management and Budget (OMB) Circulars A-21, A-8l, A-110 or A-102, as applicable, in their entirety. C. All funds not spent according to this agreement shall be subject to repayment by the recipient. 3. Compliance with "Consultant's Competitive Negotiation Act" The recipient, when applicable, agrees to satisfy all requirements provided in Section 287.055, F.S., known as the "Consultant's Competitive Negotiation Act". 4. Approval of Consultant Contracts The OCJG shall review and approve in writing all consultant contracts prior to employment of a consultant. Approval shall be based upon the contract's compliance with requirements found in the Office of Justice Programs' Financial Guide and in applicable state statutes. The OCJG's approval of the recipient agreement does not constitute approval of consultant contracts. 5. Allowable Costs Allowance for costs incurred under the subgrant shall be determined according to "General Principles of Allowability and Standards for Selected Cost Items" set forth in the Office of Justice Program's Financial Guide and federal OMB's Circular No. A-8l, "Cost Principles for State and Local Governments", or OMB's Circular No. A-21, "Cost Principles for Educational Institutions". All procedures employed in the use of federal funds to procure services, supplies or equipment, shall be according to U.S. OMB's Common Rule for State and Local Section #5 Page 2 of 15 Governments, or OMB Circular No. A-110 or A-102 as applicable and Florida Law to be eligible for reimbursement. 6. Delegation of Signature Authority When a chief officer or elected official of a subgrant recipient designates some other staff person signature authority for him/her, the chief officer or elected official must submit to the OCJG a letter or resolution indicating the staff person given signature authority. The letter indicating delegation of signature authority must be signed by the chief officer or elected official and the person receiving signature authority. 7. Personnel Changes Upon implementation of the project, in the event there is a change in Chief Executive Officers for the Subgrantee or Implementing Agency, Project Director, or Contact Person, the OCJG must be notified in writing with documentation to include appropriate signatures. 8. Travel and Training A. All travel reimbursement for out-of-state or out-of-grant-specified work area shall be based upon written approval of the OCJG prior to commencement of actual travel. Recipients shall obtain written approval from the OCJG for reimbursement of training costs and related travel prior to commencement of training, if the specific training was not listed in the approved budget. B. The cost of all travel shall be reimbursed according to local regulations, but not in excess of provisions in Section 112.061, F.S. C. All bills for any travel expenses shall be submitted according to provisions in Section 112.061, F.S. 9. Written Approval of Changes in this Approved Agreement Recipients must request in writing any significant changes to the agreement and receive approval from OCJG. These include, but are not limited to: Changes in project activities, designs or research plans set forth in the approved agreement; A. Budget deviations that do not meet the following criterion. That is, a recipient may transfer funds between budget categories as long as the total amount of transfer does not exceed ten (10) percent of the total approved budget and the transfer is made to an approved budget line item; or, B. Transfers of funds above the ten (10) percent cap shall be made only if the Department approves a revised budget. C. Under no circumstances can transfers of funds increase the total budgeted award. Transfers do not allow for increasing the quantitative number of items documented in any approved budget line item. (For example, equipment items in Section #5 Page 3 of 15 Operating Capital Outlay or Expense categories or staff positions in the Salaries and Benefits category.) 10.Reimbursement Subject to Available Funds The obligation of the State of Florida to reimburse recipients for incurred costs is subject to the availability of federal funds authorized under the Residential Substance Abuse Treatment for State Prisoners Formula Grant Program. 11. Procedures for Reimbursement Request All requests for reimbursement of recipient costs shall be submitted on the form prescribed and provided by the Department. A recipient shall submit reimbursement requests on a monthly or quarterly basis, as specified in Section G, Item 1 b of this agreement, in order to report project costs incurred during the specified reporting period. All requests for reimbursement shall be submitted in sufficient detail for proper pre- audit and post-audit. 12.Advance Funding Advance funding is authorized up to twenty-five (25) percent of the federal award for each project according to Section 216.181(15)(b), F.S. and the Office of Justice Programs' Financial Guide. Advance funding shall be provided to a recipient upon a written request to the Department justifying the need for such funds. This request, including the justification, shall be enclosed with the subgrant application. 13. Commencement of Project If a project has not begun within sixty (60) days after acceptance of the subgrant award, the recipient shall send a letter to the OCJG requesting approval of a new project starting date. The letter must outline steps to initiate the project, explain reasons for delay, and specify an anticipated project starting date. If a project has not begun within ninety (90) days after acceptance of the subgrant award, the recipient shall send another letter to the OCJG, again explaining reasons for delay and requesting approval of a revised project starting date. Upon receipt of the ninety (90) day letter, the OCJG shall determine if the reason for delay is justified or shall, at its discretion, unilaterally terminate this agreement and re-obligate subgrant funds to other projects approved by the Department. If warranted by extenuating circumstances, the Department may extend the starting date of the project beyond the ninety (90) day period, but only by execution of a formal written amendment to this agreement. 14. Extension of a Contract for Contractual Services Extension of a contract for contractual services between the recipient and a Section #5 Page 4 of 15 contractor (which includes all project budget categories) shall be in writing for a period not to exceed six (6) months and is subject to the same terms and conditions set forth in the initial contract. Only one extension of the contract shall be acceptable, unless failure to complete the contract is due to events beyond the control of the contractor. 15. Excusable Delays Except with respect to defaults of consultants, the recipient shall not be in default by reason of any failure in performance of this agreement according to its terms (including any failure by the recipient to make progress in the execution of work hereunder which endangers such performance) if such failure arises out of causes beyond the control and without the fault or negligence of the recipient. Such causes include but are not limited to acts of God or of the public enemy, acts of the government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather, but in every case the failure to perform shall be beyond the control and without the fault or negligence of the recipient. If failure to perform is caused by failure of a consultant to perform or make progress, and if such failure arises out of causes beyond the control of recipient and consultant, and without fault or negligence of either of them, the recipient shall not be deemed in default, unless: A. Supplies or services to be furnished by the consultant were obtainable from other sou rces, B. The Department ordered the recipient in writing to procure such supplies or services from other sources, and C. The recipient failed to reasonably comply with such order. Upon request of the recipient, the OCJG shall ascertain the facts and the extent of such failure, and if the OCJG determines that any failure to perform was occasioned by one or more said causes, the delivery schedule shall be revised accordingly. 16.0bligation of Recipient Funds Recipient funds shall not under any circumstances be obligated prior to the effective date or subsequent to the termination date of the grant period. Only project costs incurred on or after the effective date and on or prior to the termination date of the recipient's project are eligible for reimbursement. A cost is incurred when the recipient's employee or consultant performs required services, or when the recipient receives goods, notwithstanding the date of order. 17.Program Income (also known as Project Generated Income) The term "program income" or "project generated income" means the gross income earned by the recipient during the subgrant period, as a direct result of the subgrant award. Program income shall be handled according to the Office of Justice Section #5 Page 5 of 15 Programs' Financial Guide and the U.S. Department of Justice's Common Rule for State and Local Governments. The recipient shall submit Project Generated Income Reports in accordance with Section G, Paragraph 1.b. 18. Performance of Agreement Provisions In the event of default, non-compliance or violation of any provision of this agreement by the recipient, the recipient's consultants and suppliers, or both, the Department shall impose sanctions it deems appropriate including withholding payments and cancellation, termination or suspension of the agreement in whole or in part. In such event, the Department shall notify the recipient of its decision thirty (30) days in advance of the effective date of such sanction. The recipient shall be paid only for those services satisfactorily performed prior to the effective date olf such sanction. 19. Retention of Records The recipient shall maintain all records and documents for a minimum of five (5) years from the date of the project completion as provided by the Florida Department of State, General Schedule for Local Government GS1-L, and be available for audit and public disclosure upon request of duly authorized persons. I 20.Access To Records The Florida Department of Law Enforcement, Auditor General of the State of Florida, the U.S. Department of Justice, the U.S. Comptroller General or any of their duly authorized representatives, shall have access to books, documents, papers and records of the recipient, Implementing Agency and contractors for the purpose of audit and examination according to the Office of Justice Program's Financial Guide. The Department reserves the right to unilaterally terminate this agreement if the recipient, Implementing Agency or contractor refuses to allow public access to all documents, papers, letters, or other materials subject to provisions of Chapter 119, F.S., and made or received by the recipient or its contractor in conjunction with this agreement. 21. Audit A. Subgrant recipients that expend $500,000 or more in a year in Federal awards shall have a single or program-specific audit conducted for that year. Tihe audit shall be performed in accordance with the federal OMS's Circular A-133 and other applicable federal law. The contract for this agreement shall be identified with the subject audit in The Schedule of Federal Financial Assistance. The contract shall be identified as federal funds passed-through the Florida Department of Law E;nforcement and include the contract number, CFDA number, award amount, contriact period, funds received and disbursed. When applicable, the subgrant recipient shall submit an annual financial audit which meets the requirements of Chapters 1:1.45 and 215.97, Florida Statutes; and, Chapters 10.550 and 10.600, Rules of the Florida Auditor General. Section #5 Page 6 of 15 B. A complete audit report which covers any portion of the effective dates of this agreement must be submitted within 30 days after its completion, but no later than nine (9) months after the audit period. In order to be complete, the submitted report shall include any management letters issued separately and management's written response to all findings, both audit report and management letter findings. Incomplete audit reports will not be accepted by the Department and will be returned to the subgrant recipient. C. The subgrant recipient shall have all audits completed by an independent public accountant (IPA). The IPA shall be either a Certified Public Accountant or a Licensed Public Accountant. The subgrant recipient shall take appropriate corrective action within six (6) months of the issue date of the audit report in instances of noncompliance with federal laws and regulations. D. The subgrant recipient shall ensure that audit working papers are made available to the Department, or its designee, upon request for a period of three (3) years from the date the audit report is issued, unless extended in writing by the Department. E. Subgrant recipients that expend less than $500,000 in Federal awards during a fiscal year are exempt from the audit requirements of OMB Circular A-133 for that fiscal year. In this case, written notification shall be provided to the Department by the Chief Financial Officer, or designee, that the subgrant recipient is exempt. This notice shall be provided to OCJG no later than March 1 following the end of the fiscal year. F. If this agreement is closed out without an audit, the Department reserves the right to recover any disallowed costs identified in an audit completed after such closeout. G. The completed audit reports should be sent to the following address: Florida Department of Law Enforcement Office of Criminal Justice Grants 2331 Phillips Road Tallahassee, Florida 32308 22. Ownership of Data and Creative Material Ownership of material, discoveries, inventions, and results developed, produced, or discovered subordinate to this agreement is governed by the terms of the Office of Justice Program's Financial Guide and the federal OMS Circular A-110 or A-102, as applicable. 23. Property Accountability The recipient agrees to use all non-expendable property for criminal justice purposes during its useful life or request Department disposition. The recipient shall establish and administer a system to protect, preserve, use, maintain and dispose of any property furnished to it by the Department or purchased Section #5 Page 7 of 15 pursuant to this agreement according to federal property management standards set forth in the Office of Justice Programs' Financial Guide and the federal OMB Circular A-110 or A-102, as applicable. This obligation continues as long as the recipient retains the property, notwithstanding expiration of this agreement. 24. Disputes and Appeals The Department shall make its decision in writing when responding to any disputes, disagreements or questions of fact arising under this agreement and shall distribute its response to all concerned parties. The recipient shall proceed diligently with the performance of this agreement according to the Department's decision. If the recipient appeals the Department's decision, it also shall be made in writing within twenty-one (21) calendar days to the Department's agency clerk. The recipient's right to appeal the Department's decision is contained in Chapter 120, F.S., and in procedures set forth in Chapters 28-5 and 9-5, F.A.C. Failure to appeal within this time frame constitutes a waiver of proceedings under Chapter 120, F.S. 25. Conferences and Inspection of Work Conferences may be held at the request of any party to this agreement. At any time, a representative of the Bureau, of the U.S. Department of Justice's Bureau of Justice Assistance or both have the privilege of visiting the project site to monitor, inspect and assess work performed under this agreement. 26. Publication or Printing of Reports The recipient shall submit one copy of all reports and proposed publications resulting from the agreement twenty (20) days prior to public release. Any publications (written, visual, or sound), whether published at the recipient's or government's expense, shall contain the following statement: (NOTE: This excludes press releases, newsletters, and issue analysis.) "This project was supported by Grant No. 2001-RT -BX-0044 awarded by the Bureau of Justice Assistance, Office of Justice Programs, U.S. Department of Justice. Points of view in this document are those of the author and do not necessarily represent the official position of policies of the U.S. Department of Justice." 27. Equal Employment Opportunity (EEO) All recipients are required to comply with statutes that govern programs or activities funded by the Office of Justice Programs (OJP) (Section 809(c) , Omnibus Crime Control and Safe Streets Act of 1968, as amended, 42 U.S.C. 3789d, which prohibit such discrimination, as follows: No person in any State shall on the grounds of race, color, religion, national origin, sex [or disability]* be excluded from participation in, be denied the benefits of, be subjected to discrimination under, or denied employment in connection with any program or activity funded in whole or in part with funds made available under this title. Section #5 Page 8 of 15 *Section 504 of the Rehabilitation Act of 1973 prohibits identical discrimination on the basis of disability. The recipient acknowledges, by completing and signing the attached EEO Certification Letter (Appendices I), that failure to submit an acceptable Equal Employment Opportunity Plan approved by the Office for Civil Rights (if recipient is required to submit one pursuant to 28 CFR 42.302), is a violation of its certified assurances and may result in suspension of funding obligation authority. Submission of this certification letter is a prerequisite to entering into this agreement. This certification is a material representation of fact upon which reliance was placed when this agreement was made. If the recipient or implementing agency meet Act criteria but have not formulated, implemented and maintained such a current written EEO Program, they have 120 days after the date of this agreement to comply with the Act or face loss of federal funds subject to the sanctions in the Justice System Improvement Act of 1979, Pub. L. 96-157, 42 U.S.C. 3701, et seq. (Reference Section 803 (a) of the Act, 42 U.S.C. 3783 (a) and CFR Section 42.207 Compliance Information; Title VI of the Civil Rights Act of 1964, as amended; and Department of Justice regulation 28 CFR Part 42, Subparts C, 0, E; Reference Title /I of the Americans with Disabilities Act and Department of Justice regulation 28 CFR Part 42, Part 35; and Title IX of Education Amendments of 1972 and Department of Justice Regulation 28 CFR Part 54.) If any court or administrative agency makes a finding of discrimination on the grounds of race, color, religion, national origin, gender, disability or age against a recipient of funds, the recipient must agree to forward a copy of the findings to the OJP Office for Civil Rights. The subgrantee will comply and assure the compliance of all contractors, with the non-discrimination requirements of the Victims of Crime Act (as appropriate); Title VI of the Civil Rights Act of 1964, as amended; Section 504 of the Rehabilitation Act of 1973, as amended; Subtitle A, Title II of the Americans With Disabilities Act (ADA) (1990) ; Title IX of the Education Amendments of 1972; the Age Discrimination Act of 1975; Department of Justice Non-Discrimination Regulation, 28 CFR Part 42, Subparts C,D,E and G; and Department of Justice regulation on disability discrimination, 28 CFR Parts 35 and 39. 28. Payment Contingent on Appropriation The State of Florida's performance and obligation to pay under this agreement is contingent upon an annual appropriation by the Florida Legislature. 29. Certifications Regarding Lobbying; Debarment, Suspension and other Responsibility Matters; and Drug-Free Workplace Requirements Applicants should refer to the regulations cited below to determine the certification to which they are required to attest. Applicants should also review the instructions for certification included in the regulations before completing this form. Signature of this form provides for compliance with certification requirements under 28 CFR Part 69, "New Restrictions on Lobbying" and 28 CFR Part 67, "Government-wide Debarment Section #5 Page 9 of 15 and Suspension (Nonpro-curement) and Government-wide Requirements for Drug- Free Workplace (Grants)." The certifications shall be treated as a material representation of fact upon which reliance will be placed when the Department of Justice determines to award the covered transaction, grant, or cooperative agreement. 1. LOBBYING As required by Section 1352, Title 31 of the U.S. Code, and implemented at 28 CFR Part 69, for persons entering into a grant or cooperative agreement over $100,000, as defined at 28 CFR Part 69, the applicant certifies that: (a) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for in-fluencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in con-nection with the making of any Federal grant, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal grant or cooperative agreement; (b) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal grant or cooperative agreement, the undersigned shall complete and submit Standard Form - LLL, "Disclosure of Lobbying Activities," in accordance with its instructions; (c) The undersigned shall require that the language of this cer-tification be included in the award documents for all subawards at all tiers (including subgrants, contracts under grants and cooperative agreements, and subcontracts) and that all sub- recipients shall certify and disclose accordingly. 2. DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS (DIRECT RECIPIENT) As required by Executive Order 12549, Debarment and Suspension, and implemented at 28 CFR Part 67, for prospective participants in primary covered transactions, as defined at 28 CFR Part 67, Section 67.510 A. The applicant certifies that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of Federal benefits by a State or Federal court, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1 )(b) of this certification; and (d) Have not Section #5 Page 10 of 15 within a three-year period preceding this application had one or more public transactions (Federal, State, or local) terminated for cause or default; and B. Where the applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application. 3. DRUG-FREE WORKPLACE (GRANTEES OTHER THAN INDIVIDUALS) As required by the Drug-Free Workplace Act of 1988, and implemented at 28 CFR Part 67, Subpart F, for grantees, as defined at 28 CFR Part 67 Sections 67.615 and 67.620 A. The applicant certifies that it will or will continue to provide a drug-free workplace by: (a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; (b) Establishing an on-going drug-free awareness program to inform employees about (1) The dangers of drug abuse in the workplace; (2) The grantee's policy of maintaining a drug-free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance programs; and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; (c) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph (a); (d) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will (1 ) Abide by the terms of the statement; and (2) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; (e) Notifying the agency, in writing, within 10 calendar days after receiving notice under subparagraph (d)(2) from an employee or otherwise receiving actual notice of such convic-tion. Employers of convicted employees must provide notice, including position title, to: Department of Justice, Office of Justice Programs, ATTN: Control Desk, 633 Indiana Avenue, N.W., Washington, D.C. 20531. Notice shall include the identification number(s) of each affected grant; (f) Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph (d)(2), with respect to any employee who is so convicted Section #5 Page 11 of 15 (1) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; (g) Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs (a), (b), (c), (d), (e), and (f). As the duly authorized representative of the applicant, I hereby certify that the applicant will comply with the above certifications. If a state agency, the recipient agrees to comply with Section 319 of Public Law 101-121 set forth in "New Restrictions on Lobbying; Interim Final Rule," published in the February 26, 1990, Federal Register. Each person shall file the most current edition of this Certification And Disclosure Form, if applicable, with each submission that initiates agency consideration of such person for award of federal contract, grant, or cooperative agreement of $1 00,000 or more; or federal loan of $150,000 or more. This certification is a material representation of fact upon which reliance was placed when this agreement was made. Submission of this certification is a prerequisite to entering into this agreement subject to conditions and penalties imposed by Section 1352, Title 31, U.S.C. Any person who fails to file the required certification is subject to a civil penalty of not less than $10,000 and not more than $100,000 for each failure to file. The undersigned certifies, to the best of his or her knowledge and belief, that: A. No federally appropriated funds have been paid or shall be paid to any person for influencing or attempting to influence an officer or employee of any federal agency, a member of congress, an officer or employee of congress, or an employee of a member of congress in connection with the awarding of any federal loan, the entering into of any renewal, amendment, or modification of any federal contract, grant, loan or cooperative agreement. B. If any non-federal funds have been paid or shall be paid to any person for influencing or attempting to influence an officer or employee of congress, or an employee of a member of congress in connection with this federal contract, grant loan, or cooperative agreement, the undersigned shall complete and submit the standard form, Disclosure of Lobbying Activities, according to its instructions. C. The undersigned shall require that the language of this certification be included in award documents for all subgrant awards at all tiers and that all recipients shall certify and disclose accordingly. 30. State Restrictions on Lobbying In addition to the provisions contained herein, the expenditure of funds for the purpose of lobbying the legislature or a state agency is prohibited under this contract. Section #5 Page 12 of 15 31. Project Closeout Project funds which have been properly obligated by the end of the subgrant funding period will have forty-five 45) days in which to be liquidated (expended). Any funds not liquidated at the end of the 45-day period will lapse and revert to the Department. A subgrant-funded project will not be closed out until the recipient has satisfied all closeout requirements in one final subgrant closeout package. All refunds or repayments to be made to the Department under this Agreement are to be made payable to the order of "Florida Department of Law Enforcement", and mailed directly to the Department at the following address: Florida Department of Law Enforcement Office of Criminal Justice Grants 2331 Phillips Road Tallahassee, FL 32308 32. Background Check It is strongly recommended that all programs targeting juveniles, implemented by other than a sworn law enforcement officer or program licensed by the Department of Children and Family Services, conduct background checks on all personnel providing direct services. 33. Purchase of American-Made Equipment and Products To the greatest extent practicable, all equipment and products purchased with program funds should be American-made. 34. Eligibility for Employment in the United States The State of Florida will not intentionally award publicly-funded contracts to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324A(e) [Section 274A(e) of the Immigration and Nationality Act ("INA")]. The Department shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the INA. Such violation by the recipient of the employment provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by the Department. 35. National Environmental Policy Act (NEPA) A. The subgrantee agrees to assist FDLE in complying with the NEPA and other Section #5 Page 13 of 15 related federal environmental impact analyses requirements in the use of subgrant funds by the subgrantee. This applies to the following new activities whether or not they are being specifically funded with these subgrant funds. That is, it applies as long as the activity is being conducted by the subgrantee or any third party and the activity needs to be undertaken in order to use these subgrant funds, (1) New construction; (2) Minor renovation or remodeling of a property either (a) listed on or eligible for listing on the National Register of Historic Places or (b) located within a 1 OO-year flood plain; (3) A renovation, lease, or any other proposed use of a building or facility that will either (a) result in a change in its basic prior use or (b) significantly change its size; and, (4) Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as an incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational, or educational environments. B. For any of a subgrantee's existing programs or activities that will be funded by these subgrant, the subgrantee, upon specific request from the Department and the Bureau of Justice Assistance (BJA), agrees to cooperate with BJA in any preparation by BJA of a national or program environmental assessment of that funded program or activity. 36 Assurance of Political Activities Limitations The subgrantee assures that it will comply with provisions of Federal law which limit certain political activities of State or local government employees whose principal employment is in connection with an activity financed in whole or part by Federal grants (5USC 1501, et seq.) 37. Environmental Protection Agency's (EPA) list of Violating Facilities The subgrantee assures that the facilities under its ownership, lease or supervision which shall be utilized in the accomplishment of the Program Purpose are not listed on the EPA's list of Violating Facilities and that it will notify the FDLE of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA. 38. Flood Disaster Protection Act The subgrantee will comply with Section 1 02(a) of the Flood Disaster Protection Act of 1973, Public Law 93-234, 87 Stat. 975, requiring that the purchase of flood insurance in communities where such insurance is available as a condition of the receipt of any federal financial assistance for construction or acquisition purposes for use in any area that has been identified as an area having special flood hazards. 39. National Historic Preservation Act The subgrantee will assist the FDLE in its compliance with Section 106 of the National Historic Preservation Act of 1966 as amended (16 USC 470), Executive Section #5 Page 14 of 15 Order 11593, and the Archeological and Historical Preservation Act of 1966 (16 USC 569a-1 et seq.) by (a) consulting with the State Historic Preservation Officer as necessary, to identify properties listed in or eligible for inclusion in the National Register of Historic Places that are subject to adverse effects (see 36 CFR Part 800.8) by the activity, and notifying the FDLE of the existence of any such properties and by (b) complying with all requirements established by the Federal grantor agency to avoid or mitigate adverse effects upon such properties. 40. The Coastal Barrier Resources Act The subgrantee will comply and assure the compliance of all contractors with the provisions of the Coastal Barrier Resources Act (P.L. 97-348) dated October 19,1982 (16 USC 3501 et seq.) which prohibit the expenditure of most new Federal funds within the units of the Coastal Barrier Resources System. 41. "Pay to Stay" The subrecipient agrees that funds provided under this award may not be used to operate a "pay-to-stay" program in any local jail. The subrecipient further agrees not to subaward funds to local jails which operate "pay-to-stay" programs. 42. If a Governmental Entity: it will comply with the requirements of the Uniform Relocation Assistance and Real property Acquisitions Act of 1970 (42 U.S.C. S 4601 et seq.), which govern the treatment of persons displaced as a result of federal and federally-assisted programs; and it will comply with requirements of 5 U.S.C. SS 1501-08 and SS 7324- 28, which limit certain political activities of State or local government employees whose principal employment is in connection with an activity financed in whole or in part by federal assistance. Section #5 Page 15 of 15 Residential Substance Abuse Treatment Program Florida Department of Law Enforcement EEO PROGRAM CERTIFICATION LETTERS CERTlFICA TlON OF COMPLIANCE WITH EQUAL EMPLOYMENT OPPORTUNITY (EEO) PROGRAM REQUIREMENTS Each unit of government (subgrant recipient) and each criminal justice agency that is the implementing agency of the subgrant, whether or not it is required to have a written Equal Employment Opportunity (EEO) Program according to provisions of the Federal Omnibus Crime Control and Safe Streets Act of 1968 as amended, must enclose signed EEO Certification Letters with subgrant applications. A copy of the 28 Code of Federal Regulations (CFR) Part 42, Subparts C, D, E, F, G and H can be accessed at the following internet site: http://www.access.gpo.gov/nara/cfr/cfr-table-search.htm I If you have additional questions, please contact the program staff of the Office of Criminal Justice Grants at 850/410-8700 or SUNCOM 270-8700. Section #7 EEO Certifications Page 1 of 3 Residential Substance Abuse Treatment Program Florida Department of Law Enforcement EEO Certification Letter - Subgrant Recipient Mr. Clayton H. Wilder Community Program Administrator Office of Criminal Justice Grants Florida Department of Law Enforcement 2331 Phillips Road Tallahassee, Florida 32308 Re: Compliance with Equal Employment Opportunity (EEO) Program Requirements -- Subgrant Recipient Dear Mr. Wilder: I, the undersigned authorized official, certify that according to Section 501 of the Omnibus Crime Control and Safe Streets Act of 1968 as amended, I have read the Act criteria set forth in the Subarant Application Packaae and Instructions. I understand that if the subgrant recipient meets these criterion, it must formulate, implement and maintain a written EEO Program relating to employment practices affecting minority persons and women. I also affirm that the subgrant recipient (Initial one of the following): _ Does meet Act Criteria and does have a current EEO Program Plan. _ Does meet Act Criteria and does not have a current EEO Program Plan. Does not meet Act Criteria. I further affirm that if the recipient meets the Act criteria and does not have a current written EEO Program, federal law requires it to formulate, implement, and maintain such a program within 120 days after a subgrant application for federal assistance is approved or face loss of federal funds. Requires signature of authorized official: Type Name and Title: By: Date: Name of Subgrantee Organization: Section #7 EEO Certifications Page 2 of 3 NTHIA L. HALL ASSISTANT COUNTY ATTORNEY Date 0 ~ .. 0 +- ;;"'0 0-'" Residential Substance Abuse Treatment Program Florida Department of Law Enforcement EEO. Certification Letter-Implementing Agency Mr. Clayton H. Wilder Community Program Administrator Office of Criminal Justice Grants Florida Department of Law Enforcement 2331 Phillips Road Tallahassee, Florida 32308 Re: Compliance with Equal Employment Opportunity (EEO) Program Requirements -- Implementing Agency Dear Mr. Wilder: I, the undersigned authorized official, certify that according to Section 501 of the Omnibus Crime Control and Safe Streets Act of 1968 as amended. I have read the ACT criteria set forth in the Subgrant Aoolication Package and Instructions. I understand that if the Implementing Agency meets these criterion, it must participate in the subgrant recipient's EEO Program or formulate, implement and maintain its own written EEO Program relating to employment practices affecting minority persons and women. I also affirm that the Implementing Agency (Initial one of the following): _ Does meet Act Criteria and does have a current EEO Program Plan. _ Does meet Act Criteria and does not have a current EEO Program Plan. Does not meet Act Criteria. I further affirm that if the implementing agency meets the Act criteria and does not participate in the subgrant recipient's EEO Program or does not have its own written EEO Program. federal law requires it to participate in such a program or formulate, implement, and maintain its own program within 120 days after a subgrant application is approved or face loss of federal funds. Requires signature of authorized official: By: Date: MONROE COUNTYI\T",RNEY AP OVE AS TO,. J.F;1.J C NTHIA l. '";t[;..L ....-. ASSISTANT COU'lJry AriD WrEY Date 0& - 01-= ~OQ~I:...c...__ Type Name and Title: Name of Implementing Agency: Section #7 EEO Certifications Page 3 of 3 Residential Substance Abuse Treatment Program Florida Department of Law Enforcement AUTOMATED DATA PROCESSING (ADP) EQUIPMENT AND SOFTWARE AND CRIMINAL JUSTICE INFORMATION AND COMMUNICATION SYSTEMS REQUEST FOR APPROVAL FORM Name of Subgrantee Organization: Authorized Official for Subgrant Recipient Type Name: Type Title: Signature: I Date: Telephone Number: ( ) NOTE: For ADP purchases totaling $100,000 or more, an ADP Equipment Form must be completed and submitted to the Department of Law Enforcement for approval. Provide a brief response addressing each of the following issues. Address each issue in a separate paragraph using the corresponding numerical indicator. Indicate N/A for issues which you consider to be not applicable, Le., Issues 4 & 5 may not apply. Start on the next page and use continuation pages as necessary. Sign this Signature Page and attach to the completed response. 1. A description of the ADP hardware and/or software you plan to purchase, including: A. Number of units and projected cost of each; B. Equipment specifications including disk drive storage space, amount of random access memory, microprocessor size and speed, and any other pertinent system specifications. If a network is purchased. specify the type of file server, hub/routers, network cards, network wiring and installation costs. If a printer is purchased, indicate the type of printer including brand, model, dot matrix, laser, type of print (black or color), additional memory, and font cartridges. C. A brief description of how the proposed equipment and/or software will be used to further grant objectives. 2. Certify that ADP hardware and/or software procurement complies with existing federal, state, and local laws and regulations. Attach a copy of your current procurement procedures. 3. If ADP hardware will be purchased, describe the results of your lease/purchase analysis and explain the advantage of purchase over lease. 4. If ADP software will be developed, explain why already produced and available software will not meet the needs of this subgrant. 5. If your purchase of ADP hardware, software or combination thereof will be from a sole source, complete a Sole Source Justification Form and attach it. Section #7 ADP Approval Page 1 of 1 Residential Substance Abuse Treatment Program Florida Department of Law Enforcement SOLE SOURCE JUSTIFICATION FOR SERVICES AND EQUIPMENT Name of Sub Authorized Official for Subgrant Recipient T e Name: T e Title: Si nature: Date: Tele hone Number: Note: Justification for sole source procurement of $100,000 or more must be submitted to the Florida Department of Law Enforcement for approval. Provide a brief response addressing each of the following issues. Address each issue in a separate paragraph using the corresponding numerical indicator. Start on the next page and continue using a maximum of one additional page if required. Sign this Signature Page and attach to the completed response. 1. Briefly describe the proposed contractual services and/or equipment and how it relates to your program. 2. Explain your reasons for proposing to contract with, or purchase from, a non- competitive sole source. Address the expertise of the contractor, management, responsiveness, program knowledge and experience of contract personnel. 3. Indicate the contract period and explain the potential impact on contract deliverables if due dates are not met. Estimate the time and cost to hire a competent replacement should the current contractor default. 4. Describe what is unique about the project and the proposed sole source contractor that would warrant a contract. 5. Explain any other points you believe should be covered to support your request for a sole source contract. MONROE COUNTY ATTORNEY AP ROVED AS TO F.O ~t. NTHIA L. HALL ASSISTANT COUNTY ATTORNEY Date 0&- {)f-.o:r Section #7 Sole Source Justification Page 1 of 1 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: June 20. 2007 Division: Budget & Finance Bulk Item: Yes ~ No Department: OMB Dept. Contact: Penny Kipp x4470 AGENDA ITEM WORDING: Approval to amend the Fiscal Year 2007' s Capital Plan funding allocations for One Cent Infrastructure Sales Tax (Fund 304) and for 2003 Revenue Bonds (Fund 307). The Approval of a resolution for the transfer of funds and the Approval of a resolution for the receipt of unanticipated funds within said plan. ITEM BACKGROUND: Redistribution of appropriations more accurately to reflect current project status and anticipated current year actual expenditures. PREVIOUS REVELANT BOCC ACTION: The BOCC adopted the FY'07 Capital Plan on 9/20/06. The BOCC then amended the plan on 11/15/06. CONTRACT/AGREEMENT CHANGES: N/A ST AFF RECOMMENDATIONS: Approval TOTAL COST: N/A BUDGETED: Yes ~ No COST TO COUNTY: N/ A SOURCE OF FUNDS: N/ A REVENUE PRODUCING: Yes No -.X. AMOUNT PER MONTH_ Year APPROVED BY: County Atty _ OMB/Purchasing ~ Risk Management_ DIVISION DIRECTOR APPROVAL: /~~~~ To Follow_ Not Required_ DOCUMENT A TION: Included X DISPOSITION: AGENDA ITEM # Revised 2/27/0 I 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 # 304 1 Cent Infrastructure Surtax From: 304-5410-22004-510120 Cost Center # 22004 County Engineer Constr For the Amount: $175,000.00 To: 304-5810-86502-590307 Cost Center # 86502 Budgeted Transfers 304 From: 304-5190-23513-560640 Cost Center # 23513 Vehicle Replacement-304 For the Amount: $28,446.00 To: 304-5810-86502-590307 Cost Center # 86502 Budgeted Transfers 304 From: 304-5190-24000-560620-CG050 1-560620 Cost Center # 24000 Gen. Govt. Cap. Projects For the Amount: $100,000.00 To: 304-5810-86502-590307 Cost Center # 86502 Budgeted Transfers 304 From: 304-5190-24000-560620-CG0503-560620 Cost Center # 24000 Gen. Govt. Cap. Projects For the Amount: $84,284.00 To: 304-5810-86502-590307 Cost Center # 86502 Budgeted Transfers 304 From: 304-5190-24000-560620-CG0702-560620 Cost Center # 24000 Gen. Govt. Cap. Projects For the Amount: $170,249.00 To: 304-5810-86502-590307 Cost Center # 86502 Budgeted Transfers 304 Regular Salaries Transfer to Fund 307 Capital Outlay-Equipment Transfer to Fund 307 Capital Outlay-Building Transfer to Fund 307 Capital Outlay-Building Transfer to Fund 307 Capital Outlay-Building Transfer to Fund 307 From: 304-5720-25000-560630-CCOOOO-560620 Capital Outlay-Building Cost Center # 25000 Culture & Recreation Projects For the Amount: $503,450.00 To: 304-5810-86502-590307 Transfer to Fund 307 Cost Center # 86502 Budgeted Transfers 304 FY07 Cap Plan Amend Transfers 1 From: 304-5290-26000-560620-CP0606-560620 Capital Outlay-Building Cost Center # 26000 Public Safety Cap. Projects For the Amount: $150,000.00 To: 304-5810-86502-590307 Transfer to Fund 307 Cost Center # 86502 Budgeted Transfers 304 From: 304-5290-26000-560620-CP0608-560620 Capital Outlay-Building Cost Center # 26000 Public Safety Cap. Projects For the Amount: $250,000.00 To: 304-5810-86502-590307 Transfer to Fund 307 Cost Center # 86502 Budgeted Transfers 304 From: 304-5290-26000-560620-CP0703-560620 Capital Outlay-Building Cost Center # 26000 Public Safety Cap. Projects For the Amount: $933.00 To: 304-5810-86502-590307 Transfer to Fund 307 Cost Center # 86502 Budgeted Transfers 304 From: 304-5540-65002-560610-CFOOOO-560630 Capital Outlay-Land Cost Center #65002 Housing Development For the Amount: $2,502,538.00 To: 304-5810-86502-590307 Transfer to Fund 307 Cost Center # 86502 Budgeted Transfers 304 From: 304-5540-65002-560610-CF0703-560610 Capital Outlay-Land Cost Center #65002 Housing Development For the Amount: $1,118,000.00 To: 304-5810-86502-590307 Transfer to Fund 307 Cost Center # 86502 Budgeted Transfers 304 From: 304-5190-24000-560620-CP0303-560620 Capital Outlay-Buildings Cost Center #24000 Gen Gvt Cap Projects For the Amount: $100,000.00 To: 304-5350-23000-560630-PE0501-530340 Other Contract Services Cost Center # 23000 Physical Environment From: 304-5190-24000-560620-CG0501-560620 Capital Outlay-Buildings Cost Center #24000 Gen Gvt Cap Projects For the Amount: $500,000.00 To: 304-5350-23000-560630-PE0501-530340 Other Contract Services Cost Center # 23000 Physical Environment From: 304-5190-24000-560620-CG0501-560620 Capital Outlay-Buildings Cost Center #24000 Gen Gvt Cap Projects For the Amount: $75,000.00 To: 304-5720-25000-560630-CC0705-560630 Capital Outlay-Infrastructure Cost Center # 25000 Culture & Recreation Projects From: 304-5190-24000-560620-CG0502-560630 Cost Center #24000 Gen Gvt Cap Projects For the Amount: $100,000.00 To: 304-5350-23000-560630- P E07 0 1-560630 Cost Center # 23000 Physical Environment Capital Outlay-Infrastructure Capital Outlay-Infrastructure FY07 Cap Plan Amend Transfers 2 From: 304-5190-24000-560620-CG0503-530340 Cost Center #24000 Gen Gvt Cap Projects For the Amount: $9,498.00 To: 304-5350-23000-560630- PE07 0 1-560630 Cost Center # 23000 Physical Environment From: 304-5190-24000-560620-CG060 1-560630 Cost Center #24000 Gen Gvt Cap Projects For the Amount: $225,000.00 To: 304-5350-23000-560630- PE0701-560630 Cost Center # 23000 Physical Environment From: 304-5190-24000-560620-CG0603-530340 Cost Center #24000 Gen Gvt Cap Projects For the Amount: $136,000.00 To: 304-5350-23000-560630- PE0701-560630 Cost Center # 23000 Physical Environment Other Contract Services Capital Outlay-Infrastructure Capital Outlay-Infrastructure Capital Outlay-Infrastructure Other Contractual Services Capital Outlay-Infrastructure From: 304-5190-24000-560620-CG0603-530340 Other Contractual Services Cost Center #24000 Gen Gvt Cap Projects For the Amount: $32,000.00 To: 304-5720-25000-560630-CC0705-560630 Capital Outlay-Infrastructure Cost Center # 25000 Culture & Recreation Projects From: 304-5190-24000-560620-CG0608-560620 Cost Center #24000 Gen Gvt Cap Projects For the Amount: $435,000.00 To: 304-5350-23000-560630-PE0701-560630 Cost Center # 23000 Physical Environment From: 304-5190-24oo0-560620-CG0702-560620 Cost Center #24000 Gen Gvt Cap Projects For the Amount: $24,751.00 To: 304-5350-23000-560630-PE0701-560630 Cost Center # 23000 Physical Environment From: 304-5720-25000-560620-CC9808-560630 Cost Center #25000 Culture & Rec Projects For the Amount: $45,000.00 To: 304-5350-23000-560630- PE070 1-560630 Cost Center # 23000 Physical Environment From: 304-5720-25000-560620-CC0603-560630 Cost Center #25000 Culture & Rec Projects For the Amount: $256,400.00 To: 304-5350-23000-560630-PE0701-560630 Cost Center # 23000 Physical Environment Capital Outlay-Buildings Capital Outlay-Infrastructure Capital Outlay-Building Capital Outlay-Infrastructure Capital Outlay-Infrastructure Capital Outlay-Infrastructure Capital Outlay-Infrastructure Capital Outlay-Infrastructure From: 304-5290-26000-560620-CP9902-560620 Capital Outlay-Buildings Cost Center #26000 Public Safety Cap Projects For the Amount: $50,000.00 To: 304-5720-25000-560630-CC0705-560630 Capital Outlay-Infrastructure Cost Center # 25000 Culture & Recreation Projects From: 304-5290-26000-560620-CP0606-560620 Cost Center #26000 Public Safety Cap Projects For the Amount: $1,332,125.00 To: 304-5350-23000-560630-PE0701-560630 Cost Center # 23000 Physical Environment FY07 Cap Plan Amend Transfers 3 Capital Outlay-Buildings Capital Outlay-Infrastructure From: 304-5290-26000-560620-CP0606-560620 Capital Outlay-Buildings Cost Center #26000 Public Safety Cap Projects For the Amount: $50,000.00 To: 304-5720-25000-560630-CC0705-560630 Capital Outlay-Infrastructure Cost Center # 25000 Culture & Recreation Projects From: 304-5290-26000-560620-CP0608-560620 Cost Center #26000 Public Safety Cap Projects For the Amount: $771.00 To: 304-5350-23000-560630- PE070 1-560630 Cost Center # 23000 Physical Environment Capital Outlay-Buildings Capital Outlay-Infrastructure From: 304-5290-26000-560620-CP0608-560620 Capital Outlay-Buildings Cost Center #26000 Public Safety Cap Projects For the Amount: $75,000.00 To: 304-5720-25000-560630-CC0705-560630 Capital Outlay-Infrastructure Cost Center # 25000 Culture & Recreation Projects From: 304-5290-26000-560620-CP0703-560620 Cost Center #26000 Public Safety Cap Projects For the Amount: $74,000.00 To: 304-5350-23000-560630-PE0701-560630 Cost Center # 23000 Physical Environment From: 304-5290-26000-560620-CP0704-560620 Cost Center #26000 Public Safety Cap Projects For the Amount: $320,000.00 To: 304-5350-23000-560630- PE070 1-560630 Cost Center # 23000 Physical Environment From: 304-5100-5130-1000-85532-590990 Cost Center #85532 Reserves 304 For the Amount: $117,000.00 To: 304-5100-5190-1021-22006-530340 Cost Center # 22006 ADA Assessments Capital Outlay-Buildings Capital Outlay-Infrastructure Capital Outlay-Buildings Capital Outlay-Infrastructure Other Uses Other Contract Services 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 20th day of June, AD 2007. Mayor Di Gennaro Mayor Pro Tern Spehar Commissioner McCoy Commissioner Neugent Commissioner Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORlDA By: (Seal) Attest: DANNY L. KOLHAGE, Clerk FY07 Cap Plan Amend Transfers 4 Mayor/Chairman 1 I i +~-~~->------'- I I . ~1~'1~18'8 8 8.28i~, ,_,_ 1"'_1"'_ "'_,0_ 0_; 0_.'. 0_.'. ql OJ N.' ,- ".. ,N "';:I)' ,8 . '88'" ,~%!.g> I 1 1~...._8_,~_gJ.'~o.ll!:1 ,~, "".~'::I, I I 'N'I"'lo ~ "'''',N '" I'" I Q..llD:! :, N: '-j-"'-I I ICO! , ~ : ' I ! ! ! ! I I: ! I! ~-L~L;---:-,-~_LH-_L-,-_LL~j ", ' " 'I , I I' i:' ' ::NI I I" II o ~I I ' , ~~I I Ii: I I' -jl~-j ~I I : --I 1_1 I I~.! : I ! 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I I ,;>' 'j' , , , I' I ~!~gl~ r- O'>OICQ: ~,..&jsi~~' ~_ (D_'O);UJ_ r-- CO ,"Ct I , II '-t , I '" '0 '" '" Ol '" ... o M M o ~ ~' ,.:, ,;>1- 1':21 ' 0' I~I I~' ~I ,i/O, ' I J ' I~ 1~ '~I ~ ,u; ;>1 ~ M 't:l C ::I' LL Resolution No. - 2007 A RESOLUTION CONCERNING THE RECEIPT OF UNANTICIPATED FUNDS WHEREAS, it is necessary for the Board of County Commissioners of Monroe County, Florida, to increase items to account for unanticipated funds in the Monroe County Budget for the Fiscal Year 2007, now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that the following accounts of the Monroe County Budget for the Fiscal Year 2007 be and the same is hereby increased by the amount hereinafter set forth: Fund #307 2003 Revenue Bonds Revenue: 307 -381304G T Transfer From 1 Cent Infrastructure $5.082.900.00 Total Revenue: $5,082,900.00 Appropriations: 307-5130-24001-560620-CE0303-560620 Cap. Outlay-Buildings Cost Center #General Govt Fund 307 307-5130-24003-560620-CE0601-560620 Cap. Outlay-Buildings Cost Center #24003 New Judicial Bldg. 307-5690-2650 1-560620-CH030 1-560620 Cap. Outlay-Buildings Cost Center #26501 Fund 307 Human Svc Project $ 683,068.00 $2,882,942.00 $1.516.890.00 Total Appropriations: $5,082,900.00 BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon receipt of the above unanticipated funds, is hereby authorized and directed to place funds in said items, as set forth above. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 20th day of June, AD 2007. Mayor Di Gennaro Mayor Pro Tern Spehar Commissioner McCoy Commissioner Neugent Commissioner Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mayor/Chairman (Seal) Attest: DANNY L. KOLHAGE, Clerk Cap Plan Amend Unant Fund 307 Transfer fund from 304 to 307 Proposed FY07 Project Adopted Amended Amended To be Other Total Project Name C.C. Proj.# Appropriation FY07 Bdgt FY07 FY07 Transferred Transfers FY07 as of: 6/1/07 9/20/2006 11/20/06 6/20/07 to 307 Budget Admin Costs Engineering 22004 302,567 690,021 690,021 515,021 175,000 690,021 Vehicle Replacement 23513 0 28,446 28,446 0 28,446 28,446 PW Compound-Rockland Key 24000 CG0501 266,619 2,000,000 1,000,000 400,000 100,000 500,000 1,000,000 PK Govt Center 24000 CG0503 30,178 134,284 134,284 50,000 84,284 134,284 PK Garage Fuel Tank Replacement 24000 CG0702 1,640 200,000 200,000 10,000 170,249 19,751 200,000 Culture & Recreation Future Years 25000 CCOOOO 503,450 0 503,450 503,450 Big Pine Key Fire Station 26000 CP0606 74,210 1,832,125 1,832,125 350,000 150,000 1,332,125 1,832,125 Tavernier Fire Station 26000 CP0608 662,751 1,100,000 1,100,000 850,000 250,000 1,100,000 MCDC Sprinkler Piping Rplmt (yr10f4) 26000 CP0703 9,500 100,000 100,000 24,296 933 74,000 99,229 Affordable Housing Land Acquisition 65002 CFOOOO 0 1,000,000 2,502,638 0 2,502,538 2,502,538 Tradewinds 65002 CF0703 0 0 1,118,000 0 1118000 1,118,000 5,082,900 1,425,876 Proposed Total Project Adopted Amended Transferred Amended Budget Total Prjct FY07 Bdgt FY07 From 304 FY07 Proposed Project Listed on Years Appropr 9/20/2006 11/20/06 590307 6/20/07 FY08 Total Prj Detl Sheet Murray Nelson Govt Center 24001 CE0303 2,682,349 6,464,652 6,464,652 683,068 7,147,720 6,717,278 16,547,347 15,347,347 New Judicial Bldg (form 9813) 24003 CE0601 11,986,662 5,800,000 5,800,000 2,882,942 8,682,942 1,200,000 21,869,604 20,132,231 Key Largo North Fire Station 26004 CS0303 1,527,651 900,000 900,000 0 900,000 2,427,651 2,443,451 Medical Examiner Facility 26501 CH0301 513,658 3,018,000 3,018,000 1,516,890 4,534,890 2,773,105 7,821,653 6,825,862 16,710,320 16,182,652 16,182,652 5,082,900 21,265,552 10,690,383 48,666,255 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: June 20, 2007 Division: Budget & Finance Bulk Item: Yes ~ No Department: OMB Dept. Contact: Salvatore Zappulla x4444 AGENDA ITEM WORDING: Approval of a contract with KPMG to update the Fiscal Year 2005 and the Fiscal Year 2006 Full Cost Allocation Plan and the OMB A-87 Cost Allocation Plan. ITEM BACKGROUND: Full Cost allocation reduces ad valorem taxes by recovering indirect costs from non-ad valorem revenue funds and corrects for indirect cost subsidy to special taxing districts. These two cost allocation plans will be based on expenditures incurred for the fiscal year ended September 30,2005 and 2006, respectively. KPMG is currently contracted with the State of Florida Department of Management Services (Consulting Services for Management Skills, Contract Number 973-001-06-1) that Monroe County may use in lieu of a formal request for proposal. PREVIOUS REVELANT BOCC ACTION: On August 18, 2004, the BOCC approved the execution of a Renewal Letter to update the Fiscal Year 2003 and Fiscal Year 2004 Cost Allocation Plans. The BOCC approved implementation of full cost allocation preparation to be completed by KPMG beginning with Fiscal Year 1998. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: With the complexity in the preparation of these plans and with familiarity of Monroe County's Cost Allocation previous fiscal year's (1998-2004) plans, staff recommendation is for approval, as it is in the best interest of the County. TOTAL COST: $65, 500 BUDGETED: Yes X No COST TO COUNTY: $65,500 SOURCE OF FUNDS: General Funds REVENUE PRODUCING: Yes AMOUNTPERMONTH_ Year No X APPROVED BY: County Atty _ OMB/Purchasing _ Risk Management _ DIVISION DIRECTOR APPROVAL: Salvatore Zappulla DOCUMENTA TION: Included X To Follow_ Not Required_ DISPOSITION: AGENDA ITEM # Revised 2/27/01 AMENDMENT TO KPMG LLP Standard Terms and Conditions for Advisory and Tax services The parties, MONROE COUNTY (COUNTY) and KPMG LLC (KPMG), hereby recognize that Momoe County is a political subdivision of the State of Florida and certain provisions of the Standard Terms and Conditions are in applicable to COUNTY; therefore the parties agree to the following deletions, additions and corrections to the KPMG LLP Standard Terms and Conditions for Advisory and Tax services: 1. Paragraph 2. Tax on Services. Shall be amended to read in its entirety: COUNTY is exempt from payment of Florida State Sales and Use taxes. KPMG shall not be exempted by virtue of the COUNTY'S exemption from paying tax under this agreement, nor is KPMG authorized to use the COUNTY'S Tax Exemption Number. KPMG shall be responsible for payment of any and all taxes, or payments of withholding arising from the employment or independent contractor relationship between KPMG and its personnel for services related to or services rendered under this agreement. 2. Paragraph 8. Indemnification. Shall be amended to read in its entirety: (a) KPMG covenants and agrees to indemnify and hold harmless COUNTY from any and all claims for bodily injury (including death), personal injury, and property damage (including property owned by Momoe 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 KPMG occasioned by the negligence, errors, or other wrongful act of omission ofKPMG, its employees, or agents. (b) The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. Failure of KMPG to comply with the requirements of this section shall be cause for immediate termination of this agreement. (c) The party entitled to indemnification (the "Indemnified Party") shall promptly notify the party obligated to provide such indemnification (the "Indemnifying Party") of any claim for which the Indemnified Party seeks indemnification. The Indemnifying Party shall have the right to conduct the defense or settlement of any such claim at the Indemnifying Party's sole expense and the Indemnified Party shall cooperate with the Indemnifying Party. The party not conducting the defense shall nonetheless have the right to participate in such defense at its own expense. The Indemnified Party shall have the right to approve or reject the settlement of any claim that imposes any liability or obligation other than the payment of money damages. (d) Nothing in this agreement shall constitute a waiver of the provision of Sec. 286.28, Florida Statutes. (e) Notwithstanding the provIsIOns of Sec. 286.28, Florida Statutes, the participation of COUNTY and KPMG in this Agreement, and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any Agreement entered into by the COUNTY be required to contain any provision for waiver. 3. Paragraph 11. Confidentiality. Shall be amended to add the following: (e) The COUNTY and KPMG shall allow and permit reasonable access to, and inspection of, all documents, papers, letters or other materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the COUNTY and KPMG in conjunction with this Agreement; and the COUNTY shall have the right to unilaterally cancel this Agreement upon violation of this provision by KPMG. 4. Paragraph 14. Alternative Dispute Reservation. Shall be amended to read in its entirety: The COUNTY and KPMG agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of them the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. 5. The following paragraphs 18, 19,20,21, and 22 shall be added to the Standard Terms and Conditions for Advisory and Tax services and shall read as follows: 18. Licensure. KPMG has, and shall maintain throughout the term of this Agreement, appropriate licenses. Proof of such licenses and approvals shall be submitted to the COUNTY upon request and shall maintain such licenses throughout the term of this Agreement. 19. Financial Records ofKPMG. KPMG 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 KPMG pursuant to this Agreement were spent for purposes not authorized by this Agreement, KPMG shall repay the monies together with interest calculated pursuant to Sec. 55.03, FS, running from the date the monies were paid to KPMG. 20. Compliance with Law and License Requirements. In providing all services/goods pursuant to this agreement, KPM G shall abide by all statutes, ordinances, rules and regulations pertaining to, or regulating the provisions of, such services, including those now in effect and hereinafter adopted. Any violation of said statutes, ordinances, rules and regulations shall constitute a material breach of this agreement and shall entitle COUNTY to terminate this Agreement. 21. No Pledge of Credit. KPMG shall not pledge the COUNTY'S credit or make it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien, or any form of indebtedness. KPMG further warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of this contract. 22. Governing Law, Venue, Interpretation, Costs, and Fees. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to Agreements made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the COUNTY and KPMG agree that venue will lie in the appropriate court or before the appropriate administrative body in Monroe COUNTY, Florida. (SEAL) Attest: DANNY L. KOLHAGE, CLERK BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA Deputy Clerk By: Mayor Mario DiGennaro Date: By: Date: David L. Dennis Partner KPMG LLP Date: BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: June 20, 2007 Bulk Item: Yes ~ No Division: Employee Services Department: Human Resources Staff Contact Person: Teresa Aguiar AGENDA ITEM WORDING: Approval to solicit a Request for Proposals (RFP's) to provide training services to employees. ITEM BACKGROUND: Training shall be contingent upon funding award from South Florida Workforce Investment Board. One of the requirements of the program is to hire a Management Consultant to provide training design and delivery of those services. PREVIOUS RELEVANT BOCC ACTION: The BOCC previously approved the initial funding award and Agreement with Corporate Consulting & Coaching. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval to solicit RFP's contingent on the agreement of South Florida Workforce Investment Board to reimburse the County 100% of the total cost of training. TOTAL COST: -o- J . BUDGETED: Yes No --- COST TO COUNTY: SOURCE OF FUNDS: REVENUE PRODUCING: Yes N~O~,d\PERMONTH_ Year 7~ V \f~ APPROVED BY: County Atty rL 0 /Purchasmg _ Risk Management J1l>. DOCUMENTATION: Included L Not Required_ DISPOSITION: AGENDA ITEM # Revised 8/06 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY ~ 5 { Contract with: KPMG Contract #_ Effective Date: Expiration Date: 6/20/2007 When plans are completed Contract Purpose/Description: To prepare the Full Cost and OMB Circular A-87 Cost Allocation Plans based on ex enditure:s for the fiscal ear ended Se tember 30, 2005 and 2006, res ectivel . Contract Manager: Salvatore Zappulla (Name) 4444 (Ext. ) Bud et & Finance Sto #1 (Department/Stop #) for BOCC me,eting on 6/20/07 Agenda Deadline: 6/5/07 CONTRACT COSTS Total Dollar Value of Contract: $ $65,500 Current Year Portion: $ $65,500 Budgeted? YeslZl No 0 Account Codes: 001-06001-530340-_-_ Grant: $ _-_-_-_-_ County Match: $ _-_-_-_-_ - - - - ----- ADDITIONAL COSTS Estimated Ongoing Costs: $-"yr For: (Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.) CONTRACT REVIEW Date In Changes r. '\ Needed ~r ~ YesONow ,fl \ YesO Nowt\ Date Out Division Direc:tor Risk Man~n~~ [rl'~ 01 O.M.B./Purc~~ing YesO No County Attorney {.~7 YesO NoQ/ I Comments: ~/~;,.,. ~.'j.., ,-J,,'.s~_ Ih..- t:'.-A~lJ' -,.J" ~_ -'-. ~ &~ f ~';>,___ '!:::r~ ~.::;J: :t~ ^":.,k..l :::~,,7...~:i\~~.l .~~ ".'~:~~~.;!~~A V' ~ ~ * ~ OMB Form Revised 2/27/01 Mep #2 e,.~ \ BOARD OF COUNTY COMMISSIONERS AGENDAITEMSU~RY Meeting Date: June 20. 2007 Division: Budget & Finance Bulk Item: Yes _X- No Department: OMB Dept. Contact: Salvatore Zappulla x4444 AGENDA ITEM WORDING: Approval of a contract with KPMG to update the Fiscal Year 2005 and the Fiscal Year 2006 Full Cost Allocation Plan and the OMB A-87 Cost Allocation Plan. ITEM BACKGROUND: Full Cost allocation reduces ad valorem taxes by recovering indirect costs from non-ad valorem revenue funds and corrects for indirect cost subsidy to special taxing districts. These two cost al1ocation plans will be based on expenditures incurred for the fiscal year ended September 30, 2005 and 2006, respectively. KPMG is currently contracted with the State of Florida Department ofM.magement Services (Consulting Services for Management Skills, Contract Number 973-001-06-1) that Monroe County may use in lieu of a formal request for proposal. PREVIOUS REVELANT BOCC ACTION: On August 18,2004, the BOCC approved the execution of a Renewal Letter to update the Fiscal Year 2003 and Fiscal Year 2004 Cost Allocation Plans. The BOCC approved implementation of full cost allocation preparation to be completed by KPMG beginning with Fiscal Year 1998. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: With the complexity in the preparation of these plans and with familiarity of MOJllfoe County's Cost Allocation previous fiscal year's (1998-2004) plans, staff recommendation is for approval, as it is in the best interest of the County. TOTAL COST: $65.500 BUDGETED: Yes -X- No COST TO COU:STY: $65.500 SOURCE OF FUNDS: General Funds REVENUE PRODUCING: Yes _ No X AMOUNT PER MONTH_ Year APPROVED BY: County Atty ~MBlPurchaSing _ Risk Management ~ DIVISJON DlRECTORAPPROVAL, ~? / Salvatore Za 11 DOCUMENTATION: Included X To Follow_ Not Required_ DISPOSITION :. AGENDA ITEM # mB KPMG LLP Suite 1600 111 North Orange Avenue PO Box 3031 Orlando. FL 32802 Telephone Fax Internet 407 423 3426 407 648 B557 W'WW. us.kpmg .com May 2, 200? Mr. Sal Zappulla Budget DirE~ctor Monroe County Government Office of Management and Budget 1100 Simonton St Rm 2-268 Key West, Florida 33040 Dear Mr. Zapulla: KPMG LLP (KPMG) is pleased to submit this engagement letter to Monroe County, Florida ("CIJunty") to provide professional advisory services. The County is requesting assistance with the preparation of the Full Cost and OMB Circular A-8? Cost Allocation Plans based on expenditures for the fiscal year ended September 30, 2005 and 2006 respectively. KPMG's Terms and Conditions for Monroe County are attached to this letter, and become part of the agreement between KPMG and the County. The first plan will be a "full-cost" plan for use in allocating indirect costs to enterprise funds, internal service funds, and certain special revenue funds. The second plan will be prepared in accordance with the Federal Office of Management and Budget Circular A-8?, Cost Principles for State and Local Governments and may be used for allocating indirect costs to the County's federal grant programs. The County is responsible for submitting its cost allocation plan for negotiation and approval if requested by its federal cognizant agency. Please note, current OMB Circular A-8? regulations do not require the County to submit its cost allocation plan for negotiation and approval unless specifically requested by its federal cognizant agency. By accepting this engagement letter, County management accepts responsibility for the substantive outcomes of this engagement and, therefore, has a responsibility to be in a position in fact and appearance to make an informed judgment on the results of this engagement and that the County will comply with the following: . Desi!gnate a qualified management-level individual to be responsible and accountable for overseeing the engagement. . Establish and monitor the performance of the engagement to ensure that it meets management's objectives. KPMG LLP. a u.s. limited liability partnership, IS the US member firm of KPMG International, a Swiss cooperative IUD Letter to Monroe County, Florida May 2, 2007 Page 2 . Make any decisions that involve management functions related to the eng!lgement and accept full responsibility for such decisions. . Evaluate the adequacy of the services performed and any findings that result. KPMG Projject Team Mr. David Dennis, a partner in KPMG's Orlando office, will serve as the engagement partner. Mr. David Jahosky, a manager in KPMG's Orlando office, will serve as the engagement manager and will serve as the KPMG primary point of contact for this engagement. Mr. Aharon Yoki, a senior associate with KPMG's Government practice, will serve as the team lead and will supervise other project staff during the course of the engagement. Engagement Objectives The objectives of this engagement are to assist the County in developing the indirect cost allocation plans (CAP) and an analysis of departments charging user fees. To meet this objective, KPMG proposes to assist the County as follows: · Deli'ferable I - Assist with the preparation of the County's Full Cost Allocation Plan based on County-provided data. The Plan will be prepared in accordance with the full costing concepts that recognize and incorporate central service expe,nditures of County departments and offices, including "general government" costs. The plan will be prepared based on expenditures incurred for the fiscal year ended September 30,2005 and 2006, respectively. . Deliverable II - Assist with the preparation of the County's OMS Circular A-a7 CAP based on County-provided data. The A-a7 plan contains a determination of allowable costs for providing supporting service. The plan will be prepared based on expenditures incurred for the fiscal year ended September 30, 2005 and 2006, respectively. Work Plan Approach KPMG is prepared to start the project within three weeks from the receipt of the signed engagement letter or executed contract. We estimate that an elapsed calendar time of 120 days from the date of commencement would be required to assist you in the development of the draft reports. This time frame is dependent upon the timeliness of requested information furnished by the County. The County will be responsible for the collection of all statistical information used as allocation basis, as well as all decisions regarding allocation statistics, cost pools, and receiving departments used in the cost allocation plan. KPMG's role will be to advise the County and compile the indirect cost plans after the County has made key decisions. .~ Letter to Monroe County, Florida May 2, 200~1 Page 3 We have developed a project timeline that identifies our phased sequence of tasks that coincide with the County's time frame. The following chart depicts a view of project timing by phase. PROJECT 11M ELINE BY PHASE Phase 1. Project Initiation and Fieldwork 2. Data Collection and Analysis 3, Issue Draft RepMs I Incorporate County Comments 4. Revise Draft Report and Issue Final Reports and Project Closeout As part of our initial plMning meeting, we will work with the County's staff to finalize the timeline. It is anticipated that up to one week of on-site fieldwork at the County's offices will be required for this project. Interviews conducted with County personnel during this time are typically 45 to 60 minutes for central service departments identified 1For allocation in the plan. ~"fimeLil$ Estimated Project Start Date Estimated Project End Date June 2007 September 2007 ~.~~w The KPMG Team will follow a phased approach to meet the engagement objective for the County. The project schedule estimates a 120-day time span to generate the draft reports. KPMG will finalize the reports within approximately 30 days of receipt of the County's written comments. Throughout the engagement, the County will be responsible for all decisions made relative to the composition of the plan, I.e. cost pools that are allocated, allocation statistics used to allocate costs etc. KPMG staff will prepare the cost plan reports based on data provided and approved by the County. mu Letter to Monroe County, Florida May 2, 200~1 Page 4 Organize a project team comprised of KPMG Team personnel and at least one County staff. Issue the County an information mquest letter. We will work with County staff to keep them 1 informed as our work progresses. 06/18/07 06/29/07 Kick-off meeting with the County staff responsible for working with KPMG in the development of the Cost Allocation Plans (CAP) to discuss the engagement objectives. Conduct filed work. Classify cost centers, services performed, products delivered ellc., and identify allocation bases. Collect financial data to dl~velop the indirect cost pools. Meet with County central services to identify departments' functional activities. KPMG will assist central service department managers to determine the reasonable basis for allocating each of their department's functions. 2 Analyze the County's expenditures to determine the costs for the indirect cost pools for the CAP. D,ata collection of departments charging user fees. Conduct interviews as necessary. Review the COM reconciliation to the audited financial statements used in the CAPs. 3 Enter the allocation information into the COM system. Complete double step-down analysis using COM and develop the associated supporting schedules necessary to prepare the CAPs. Generate the Cost Allocation Plans, including financial and stiatistical schedules. Issue DE!Velop indirect cost pool narratives and explanations. ISllue draft report deliverables. FClllow Up with County. Revise CAPs as necessary and 'issue final reports, 06/18/07 08/10/07 08/13/07 08/24/07 4 Finallimeline dependent on County's ability to review draft report 08/27/07 09/28/07 and provide feedback timely. Finalize Work papers and submit to Records Center. .Phase 1. Project Initiation and Fieldwork 2. Data Collection and Analysis 3. Issue Draft Reports 4. Issue Final Reports and Project Closeout .I'BI Letter to Monroe County, Florida May 2, 200J Page 5 Project CC)sts and Assumptions Our fees for professional services include professional staffing, administrative support, report production, and travel costs. Total fees will not exceed $65,500. Actual work effort may vary by month, but the cost will not exceed the total dollar amount approved without the! prior approval of the County. We will invoice for fees monthly. All invoices are due Llpon receipt. If unforeseen circumstances cause us to believe that our profession,al fees will exceed the estimate provided above, we will discuss this situation with you and agree upon an appropriate course of action. Our assumptions for the engagement are as follows: . The County will provide data for central service departments at division I department I fund level (or their equivalent) summaries that provide a reasonable basis for allocating each function's activity to the benefiting department/division. . KPMG will issue a draft report to the County by August 24, 2007. Should KPMG not receive the requested information from the County by July 31, 2007, we will issue the draft reports within 30 days of the receipt of financial, statistical and allocation data. · The County is requested to review the draft reports and provide comments to KPMG within 30 days of receiving the draft report. KPMG will issue the final reports within 30 days of receiving the County's comments. Should the County not provide written comments or request an extension for the review of the draft reports, KPMG will consider the draft reports as finalized and issue the reports in final form. . The County will provide relevant operational, technical, and background information as required by the engagement team. . The County will provide assistance to help KPMG achieve the successful completion of the engagement. Such assistance will include: . Assistance in gaining timely access to documentation, systems, and key personnel . Timely feedback at key decision points . Active participation to facilitate the timely resolution of project-related issues. . The County will provide a common office space adequate for up to 2 KPMG personnel. The office will include access to a telephone, printer/copier and internet connectivity. . The County will provide meeting space as needed to conduct interviews and work sessions throughout the project. 1MB Letter to Monroe County, Florida May 2, 200:1 Page 6 Deliverables and Other Matters Our analysis will be prepared under the Consulting Standards issued by the American Institute of Certified Public Accountants (AICPA) and does not constitute an examination, compilation or agreed upon procedures in accordance with the standards established by the AICPA. This analysis will be prepared based on information received from the County. No independent verification of this information will be made by KPMG and we assume no responsibility for the accuracy or reliability of the information provided to us. The analysis will be intended solely for the use of the County and may not be provided to any third party without the written consent of KPMG and should not be relied upon for any other purposes. Additional Considerations It has been our experience that the County's participation is necessary for this type of engagement to be successful. It is imperative that we receive timely cooperation regarding requested data for effective use of KPMG and County resources. KPMG requests that information provided by the County to be summarized and subtotaled by Department/Division (or equivalent) for the General Fund and by Fund for non General Fund activities. Information requested by KPMG should be provided in both electronic and hard CllPy formats. We look forward to working with you and your staff in the performance of these services, and would be pleased to discuss this letter with you at any time. For your convenience in confirming these arrangements, we enclosed a copy of this letter. Please sign it and return it to me. ~~ David L. De,nnis Partner KPMG LLP ACCEPTED BY THE COUNTY: BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mayor Mario DiGennaro Date: mu Letter to Monroe County, Florida May 2, 200i' Page 7 (SEAL) Attest: DANNY L. KOLHAGE, CLERK By: Deputy Clerk Date: KPMG LLP Terms and Conditions for Monroe County, Florida I. Services; Client Responsibilities. (a) It is understood and agreed that KPMG's services may include advice and recommendations; but all decisions in connection with the implementation of sUlch advice and recommendations shall be the responsibility of, and made by, Client. KPMG will not perform management functions or make management decisions for Client. References herein to Client shall refer to Monroe County, Florida. (b) In connection with KPMG's provIsIOn of services under the Engagement Letter, Clic:nt agrees that Client, and not KPMG, shall perform the following functions: (i) make all management decisions and perfonn a1:l management functions; (ii) designate an individual who possesses suitable skill, knowledge and experience, preferably within senior management, to oversee such services, and to evaluate lthe adequacy and results of such services; (Hi) accept responsibility for the results of such services; and (iv) establish and maintain internal controls over the processes with which such services are concerned, including monitoring on-going activities. (c) Subsequent to the comph~tion of this engagement, KPMG will not update its advice, recommendations or work product for changes or modification to the law and regulations, or to the judicial and administrative interpretations thereof, or for subsequent events or transactions, unless Client separately engages KPMG to do so in writing after such changes or modifications, interpretations, events or transactions. 2. Tax on Services. Client is exempt from payment of Florida State Sales and Use taxes. KPMG shall not be exempted by virtue of the Client's exemption from paying tax under this agreement, nor is KPMG authorized to use the Client's Tax Exemption Number. KPMG shall be responsible for payml:nt of any and all taxes, or payments of withholding arising from the employment or independent contractor relationship between KPMG and its personnel for services related to or services rendered under this agreement. 3. Termination. Either party may terminate the Engagement Letter at any time by giving written notice to the other party not less than 30 calendar days before the effective date of termination. 4. Ownership and Use of Deliverables. (a) KPMG has created, acquired, owns or otherwise has rights in, and may, in connection with the performance of services under the Engagement Letter, use, provide, modifY, create, acquire or otherwise obtain rights in, concepts, ideas, methods, methodologies, procedures, processes, know-how, techniques, models, templates and software (collectively, the "KPMG Property"). KPMG retains all ownership and use rights in the KPMG Property. Client shall acquire no rights or interest in the KPMG Property, except as expressly provided in the next paragraph. KPMG acknowledges that KPMG Property shall not include any of Client's l:onfidential information or tangible or intangible property, and KPMG shall have no ownership rights in such property. Page 1 (b) Except for KPMG Property, and upon full and final payment to KPMG under the Engagement Letter, the tangible items specified as deliverables or work product in the Engagement Letter including any intellectual property rights appurtenant thereto (the "Deliverables") will become the property of Client. If any KPMG Property is contained in any of the Deliverables, KPMG hereby grants Client a royalty-free, paid-up, non~exclusive, perpetual license to use such KPMG Property in connection with Client's use of the Deliverables. (c) Client acknowledges and agrees that any advice, recommendations, information or work product provided to Client by KPMG in connection with this engagement is for the sole use of Client and may not be relied upon by any third party. Client agrees that it will not make such advice, recommendations, information or work product available to any third party other than as expressly permitted by the Engagement Letter unless Client provides the written notice to the third party in substantially the form of Appendix A hereto (the "Notice"), which Notice shall be acknowledged in writing by such third party and returned to Client. Upon request, Client shall provide KPMG with a copy of the foregoing Notice and acknowledgement and any notice and acknowledgement sent to Client by such third party as contemplated by the Notice. Notwithstanding the foregoing. (i) in the event of a disclosure made by Client that is required by law, that is made to a regulatory authority having jurisdiction over Client or that is made pursuant to Paragraph 17(a) below, no acknowledgement of the Notice shall be required and (ii) no Notice or acknowledgement shall be required with respect to disclosures expressly authorized by the Engagement Letter. 5. Warranties. KPMG's services under the Engagement Letter are subject to and will be performed in accordance with American Institute of Certified Public Accountants ("AICP A") and other professional standards applicable to the services provided by KPMG under the Engagement Letter and in accordance with the terms thereof. KPMG disclaims all other warranties, either express or implied. 6. Limitation on Damages. Except for each party's indemnification obligations herein, neither Client nor KPMG shall be liable to the other for any actions, damages, claims, liabilities, costs, expenses or losses in any way arising out of or relating to the services performed under the Engagement Letter for an aggregate amount in excess of the fees paid or owing to KPMG under the Engagement Letter. In no event shall either party be liable for consequential, special, indirect, incidental, punitive or exemplary damages, costs, expenses, or losses (including, without limitation, lost profits and opportunity costs). 7. Infringement. (a) KPMG hereby agrees to indemnifY, hold harmless and defend Client from and against any and all claims, liabilities, losses, expenses (including reasonable attorneys' fees), fines, penalties, taxes or damages (collectively "Liabilities") asserted by a third party against Client to the extent such Liabilities result from the infringement by the Deliverables (including any KPMG Property contained therein) of such third party's patents issued as of the date of the Engagement Letter, trade secrets, trademarks or KPMG LLP Terms and Conditions for Monroe County, Florida copyrights. The preceding indemnification shall not apply to any infringement arising out of (x) use of the Oeliverables other than in accordance with applicable documentation or instructions supplied by KPMG or other than in accordance with Paragraph 4(c); (y) any alteration, modification or revision of the Deliverables not expressly agreed to in writing by KPMG; or (z) the combination of the Deliverables with materials not supplied or approved by KPMG. (b) In case any of the Deliverables (including any KPMG Property contained therein) or any portion thereof is held, or in KPMG's reasonable opinion is Iikl:::ly to be held, to constitute infringement, KPMG may, within a reasonable time, at its option either: (i) secure for Client the right to continue the use of such infringing item; or (ii) replace, at KPMG's sole expense, such item with a substantially equivalent non-infringing item or modify such item so that it becomes non-infringing, In the event KPMG is, in its reasonable discretion, unable to perform either of options described in (i) or (ii) above, Client shall return the Deliverable to KPMG, and KPMG's sole liability shall be to refund to Client the amount paid to KPMG for such item; provided that the foregoing shall not be construed to limit KPMG's indemnification obligation set forth in Paragraph 7(a) above. (c) The provisions of this Paragraph 7 state KPMG's entire liability and Client's sole and exclusive remedy with respect to any infringement or claim of infringement. 8, Indemnification. (a) KPMG covenants and agrees to indemnify and hold harmless Client from any and all claims, losses, damages, and expenses (including reasonable attorney's fees) for bodily injury (including death), and real or tangible property damage (including property owned by Client) which arise out of, in connection with, or by reason of services provided by KPMG occasioned by the negligence, errors, or othc:r wrongful act of omission ofKPMG, its employees, or agents. (b) The extent of liabiliity is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. Failure of KPMG to comply with the requirements of this sc~ction shall be cause for immediate termination of this agreement. (c) The party entitled to indemnification (the "Indemnified Party") shall promptly notity the party obligated to provide such indemnification (the "Indc:mnifying Party") of any claim for which the Indemnified Party seeks indemnification. The Indemnifying Party shall have the right to conduct the defense or settlement of any such claim at the Indlemnifying Party's sole expense and the Indemnified Party shall cooperate with the Indemnifying Party. The party not conducting the defense shall nonetheless have the right to participate in such defense at its own expense. The Indemnified Party shall have the right to approve or reject the settlement of any claim that imposes any liability or obligation other than the payment of money damages. (d) Nothing in this agrec:ment shall constitute a waiver of the provision of Sec. 768.28, Florida Statutes. Page 2 (e) Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of Client and KPMG in this Agreement, and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any Agreement entered into by the Client be required to contain any provision for waiver. 9. Cooperation; Use of Information. (a) Client agrees to cooperate with KPMG in the performance of the services under the Engagement Letter and shall provide or arrange to provide KPMG with timely access to and use of the personnel, facilities, equipment, data and information to the extent necessary for KPMG to perform the services under the Engagement Letter. The Engagement Letter may set forth additional obligations of Client in connection with this engagement. Client acknowledges that Client's failure to perform these obligations could adversely affect KPMG's ability to provide the services under the Engagement Letter. (b) Client acknowledges and agrees that KPMG will, in performing the services under the Engagement Letter, base its conclusions on the facts and assumptions that Client furnishes and that KPMG may use data, material, and other information furnished by or at the request or direction of Client without any independent investigation or verification and that KPMG shall be entitled to rely upon the accuracy and completeness of such data, material and other information. Inaccuracy or incompleteness of such data, material and other information furnished to KPMG could have a material effect on KPMG's conclusions. 10. Independent Contractor. It is understood and agreed that each of the parties hereto is an independent contractor and that neither party is or shall be considered an agent, distributor or representative of the other. Neither party shall act or represent itself, directly or by implication, as an agent of the other or in any manner assume or create any obligation on behalf of, or in the name of, the other. II. Confidentiality. (a) "Confidential Information" means all documents, software, reports, data, records, forms and other materials obtained by one party (the "Receiving Party") from the other party (the "Disclosing Party") or at the request or direction of the Disclosing Party in the course of performing the services under the Engagement Letter: (i) that have been marked as confidential; (ii) whose confidential nature has been made known by the Disclosing Party to the Receiving Party; or (iii) that due to their character and nature, a reasonable person under like circumstances would treat as confidential. Notwithstanding the foregoing, Confidential Information does not include information which: (i) is already known to the Receiving Party at the time of disclosure by the Disclosing Party; (ii) is or becomes publicly known through no wrongful act of the Receiving Party; (iii) is independently developed by the Receiving Party without benefit of the Disclosing Party's Confidential Information; (iv) relates to the tax treatment or tax structure of any transaction, (v) the Receiving Party determines is required to be maintained or disclosed by the Receiving Party under sections 6011, 6111 or 6112 of the Internal KPMG LLP Terms and Conditions for Monroe County, Florida Revenue Code ("IRe") or the regulations thereunder or under any similar or analogous provisions of the laws of a state or other jurisdiction or (vi) is rec,eived by the Receiving Party from a third party without restriction and without a breach of an obligation of confidentiality. (b) The Receiving Party will deliver to the Disclosing Party all Confidential Information of the Disclosing Party and all copies thereof when the Disclosing Party requests the same, except for one copy thereof that the Receiving Party may retain for its records, The Receiving Party shall not use or disclose to any person, firm or entity any Confidential Information of the Disclosing Party without the Disclosing Party's express, prior written permission; provided, however, that notwithstanding the foregoing, the Receiving Party may disclose Confidential Information to the extent that it is required to be disclosed pursuant to a statutory or regulatory provision or court order or to fulfill professional obligations and standards. (c) Each party shall be dl:::emed to have met its nondisclosure obligations under this Paragraph 11 as long as it exercises the same level of care to protect the other's information as it exercises to protect its own confidential information but in no event less than reasonable care, except to the extent that applicable law or professional standards impose a higher requirement. (d) If the Receiving Party re<:eives a subpoena or other validly issued administrative or judici2LI demand requiring it to disclose the Disclosing Party's Confidential Information, the Receiving Party shall provide prompt written notice to the Disclosing Party of such demand in order to permit it to seek a protective order. So long as the Receiving Party gives notice as provided herein, the Receiving Party shall be entitled to comply with such demand to the extent permitted by law, subject to any protective order or the like that may have been entered in the matter. (e) Client and KPMG shall allow and permit reasonable access to, and inspection of, all documents, papers, letters or other materials related to this contract in. its possession or under its control that are subject to the provisions of Chapter 119, Florida Statutes, and made or received by the Client and KPMG in conjunction with this Agreement; and the Client shall have the right to unilaterally cancel this Agreement upon violation of this provision by KPMG. 12. Assignment; Use of Member Firms. Neither party may assign, transfer or delegate any of its rights or obligations without the prior written consent of the other party, such consent not to be unreasonably withheld. Notwithstanding the foregoing, to the extent any of the services under the Engagement Letter will be performed in or relate to a jurisdiction outside of the United States, Client acknowledges and agrees that such services, including any applicable tax advice, may be performed by the member firm of KPMG International practicing in such jurisdiction. Accordingly,. Client consents to KPMG's disclosure to a member firm and such member firm's use of data and information, including tax return information, received from or at the request or direction of Client for the purpose of completing the services under the Engagement Letter. Page 3 13. Severability. In the event that any term or prOVISion of the Engagement Letter or these terms shall be held to be invalid, void or unenforceable, then the remainder of the Engagement Letter and these terms shall not be affected, and each such term and provision shall be valid and enforceable to the fullest extent permitted by law. 14. Alternative Dispute Resolution. (a) The Client and KPMG agree that, in the event of conflicting interpretations of the terms or a term of the Engagement Letter including these Terms and Conditions, or of any other dispute arising out of the Engagement Letter including these Terms and conditions, by or between any of them the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. (b) If one of the parties subsequently institutes any administrative or legal proceeding the parties agree to mediation if required by any administrative judge or Circuit or County Court Judge. (c) Any mediation initiated and conducted pursuant to this Engagement Letter either prior to or subsequent to institution of any administrative or legal proceeding shall be conducted in accordance with the Florida Rules of Civil Procedure and usual or customary procedures required by the circuit court of Monroe County. 15. Miscellaneous. (a) Except as otherwise set forth in the Engagement Letter, in accepting this engagement, Client acknowledges that completion of this engagement or acceptance of Deliverables resulting from this engagement will not constitute a basis for Client's assessment or evaluation of internal control over financial reporting and disclosure controls and procedures, or its compliance with its principal officer certification requirements under Section 302 of the Sarbanes-Oxley Act of 2002 (the "Act"). The services under the Engagement Letter shall not be construed to support Client's responsibilities under Section 404 of the Act requiring each annual report filed under Section 13(a) or 15(d) of the Securities Exchange Act of 1934 to contain an internal control report from management. (b) KPMG may communicate with Client by electronic mail or otherwise transmit documents in electronic form during the course of this engagement. Client accepts the inherent risks of these forms of communication (including the security risks of interception of or unauthorized access to such communications, the risks of corruption of such communications and the risks of viruses or other harmful devices) and agrees that it may rely only upon a final hardcopy version of a document or other communication that KPMG transmits to Client unless no such hard copy is transmitted by KPMG to Client. (c) For engagements where services will be provided by KPMG through offices located in California, Client acknowledges that certain of KPMG's personnel who may be considered "owners" under the California Accountancy Act and implementing regulations (California Business and Professions Code section KPMG LLP Terms and Conditions for Monroe County, Florida 5079(a); 16 Ca!. Code Regs. sections 51 and 51.1) and who may provide services in connection with this engagement, may not be licensed as certified public accountants under the laws of any of the various states. (d) Where KPMG is reimbursed for expenses, it is KPMG's policy to bill clients the amount incurred at the time the good or service is purchased. If KPMG subsequently receives a volume rebate or other incentive payment from a vendor relating to such expenses, KPMG does not credit such payment to Client. Instead, KPMG applies such payments to reduce its overhead costs, which costs are taken into account in determining KPMG's standard billing rates and certain transa.ction charges that may be charged to clients. (e) Except as permitted by law or the terms of the Engagement Letter, neither party shaH acquire hereunder any right to use the name or logo of the other party or any part thereof. Any such use shall require the express written consent of the owner party. 16. Entire Agreement. The Engagement Letter and these Terms and Conditions, including the Exhibits and Appendices hereto and thereto, constitute the entire agreement between KPMG and Client with respect to the services under the Engagement Letter and supersede all other oral and written representation, understandings or agreements relating thc:reto. 17. Additional Terms for Engagements Involving Tax Services. (a) Notwithstanding anything to the contrary set forth herein, no provision in the Engagement Letter or these Terms and Conditions is or is intended to be construed as a condition of confidentiality within the meaning of IRC sections 60 II, 6111, 6112 or the regulations thereunder, or under any similar or analogous provisions of the laws of a state or other jurisdiction. In particular, Client (and each employee, representative, or other agent of Client) may disclose to any and all persons, without limitation of any kind, the tax treatment and tax structure of any transaction within the scope of this engagement and all materials of any kind (including ojpinions and other tax analyses) that are provided to Client relating to such tax treatment and tax structure. Client also agrees to use commercially reasonable efforts to inform KPMG of any conditions of confidentiality imposed by third party advisors with respect to any transaction on which KPMG advice is requested. Such notification must occur prior to KPMG providing any advice with respect to the transaction. (b) Treasury regulations under IRC section 6011 require taxpayers to disclose to the IRS their participation in reportable transactions and IRC section 67107 A imposes strict penalties for noncompliance. Client agrees to use conunercially reasonable efforts to inform KPMG if Client is required to disclose any transaction covered by the Engagement Letter as a reportable transaction to the IRS or to any state or other jurisdiction adopting similar or analogous provisions. IRC section 6111 requires a material advisor with respc:ct to a reportable transaction to disclose information on the transaction to the IRS by a prescribed date, and IRC section 6112 requires the material advisor to maintain, and make available to the IRS upon request, a list of persons and other information with respect to the transaction. KPMG will use commercially reasonable efforts to inform Client if KPMG Page 4 provides Client's identifying information to the IRS under IRC section 611] or 6] 12, or to any state or other jurisdiction adopting similar or analogous provisions. (c) Information relating to advice KPMG provides to Client, including conununications between KPMG and Client and material KPMG creates in the course of providing advice, may be privileged and protected from disclosure to the IRS or other governmental authority in certain circumstances. As KPMG is not able to assert the privilege on Client's behalf with respect to any communications for which privilege has been waived, Client agrees to notify KPMG of any such waivers, whether resulting from conununications with KPMG or third parties in the same or a related matter. Client also understands that privilege may not be available for communications with an audit client and that KPMG personnel providing audit and non-audit services will discuss matters that may affect the audit to the extent required by applicable professional standards. 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KPMG has, and shall maintain throughout the term of this Engagement Letter, appropriate licenses. Proof of such licenses and approvals shall be submitted to the Client upon request and shall maintain such licenses throughout the term of this Engagement Letter. ] 9. Financial Records of KPMG. KPMO has, and shall maintain throughout the term of this Engagement Letter, appropriate KPMG LLP Terms and Conditions for Monroe County, Florida licenses. Proof of such licenses and approvals shall be submitted to the Client upon request and shall maintain such licenses throughout the term of this Engagement Letter. 20. Compliance with Law and License Requirements. In providing all services/goods pursmmt to this agreement, KPMG shall abide by all statutes, ordinanc~:s, rules and regulations pertaining to, or regulating the provisions of, such services, including those now in effect and hereinafter adopted. 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In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Engagement Letter, the Client and KPMG agree that venue will lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mayor Mario DiGennaro Date: (SEAL) Attest: DANNY L. KOLHAGE, CLERK By: Deputy Clerk Date: D~~~ Vartner KPMG LLP Date: {,;.J~7 Page 5 APPENDIX A [FORM OF NOTICE AND ACKNOWLEDGEMENT] [Name of Third Party] Address The advice, recommendations and information in the document included with this notice were prepared for the: sole benefit of [Name of Client], based on the specific facts and circumstances of [Name of Client], and its use is limited to the scope ofKPMG's engagement for [Name of Client]. It has been provided to you for informational purposes only and may not be relied upon by you or any other person or organization. You acknowledge and agree that KPMG accepts no responsibility or liability in respect of the advice, recommendations or other information in such document to any person or organization other than [Name of Client]. You shall have no right to disclose the advice, recommendations or other information in such document to anyone else without including a copy of this notice and obtaining a signed acknowledgement of this notice from the party to whom disclosure is made and you provide a copy thereof to [Name of Client]. You acknowledge and agree that you will be responsible for any damages suffered by KPMG as a result of your failure to comply with the terms of this notice. *Please acknowledge your acceptance of the foregoing by signing and retuming to us a copy of this letter. Very truly yours, [Name of Client] By: Name: Title: * Accepted and Agreed to on this _ day of _,20_ by: [Name of Third Party By: Name: Title: * Remove if a signed acknowledgement is not required by the terms of Paragraph 4(c). Page 6 O,~~,rY ~o~~~E (305) 294-4641 Office of the Employee Services Divhion Director The Historic Gato Cigar I<'actory 1100 Simonton Street, Suite 268 Key West, FL 33040 (305) 292-4458 - Phone (305) 292-4564 . Fax TO: (~.~ .---. 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 Board of County Commissioners FROM: Teresa E. Aguiar, Employee Services Director DATE: May 29,2007 SUBJ: Employee Training Request for Proposals This item requests approval to solicit a Request for Proposals to provide training services for County employees. The goal of training is to increase effectiveness, knowledge, proficiency and skill or to prepare employees for future assignments. Training will be in the areas of: · Supervisors: Time Management, Change Management, Conflict Resolution, Advanced Customer Relations Training, Diversity Training, Critical Thinking, and Beginning, Intermediate and Advanced Computer Training. · Employees: Adapting to Change, Advanced Customer Relations Training (ind: phone etiquette), Diversity Training, Conflict Resolution, and Beginning, Intermediate and Advanced Computer Training. It is therefore the recommendation that the Board approve the request to solicit for Request for Proposals contingent upon 100% reimbursed funding award from South Florida Workforce Investment Board. If you have any questions on this item, please do not hesitate to contact me at X4458. BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: June 20, 2007 Bulk Item: Yes X No Division: Emergency Services Department: Fire Rescue Staff Contact Person: James Callahan AGENDA ITEM WORDING: Approval to add four Flight Nurse positions to the Emergency Services Division Budget, Fire Rescue Department effective May 9, 2007. ITEM BACKGROUND: During the Fiscal Year 2007 budget process, the Board approved the appropriation of funds for Flight Nurse Services for the Trauma Star Program, but not as specific positions. On April 23, 2007, Susie Martenson was hired as the Air Medical Services Chief - Trauma Star, and her immediate role was to hold interviews for Flight Nurses to be able to get the program up and running. PREVIOUS RELEVANT BOCC ACTION: During the Fiscal Year 2007 budget process, the Board approved the appropriation of funds for Flight Nurse Services for the Trauma Star Program, but not as specific positions. CONTRACT/AGREEMENT CHANGES: Not a contract. STAFF RECOMMENDATIONS: Approval. TOTAL COST: Pay Grade 9 = $41,678 - $60,433 + benefits per position BUDGETED: Yes X No COST TO COUNTY: Same as above SOURCE OF FUNDS: Fine and Forfeiture REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year APPROVED BY: County Atty N/ A OMB/Purchasing N/ A Risk Management N/ A DOCUMENTA TION: Included X Not Required_ DISPOSITION: AGENDA ITEM # Revised 11/06 MEMORANDUM 19tfke oj tIie ~ adntini6tJudoJt TO: Board of County Commissioners FROM: Debbie Frederick Deputy County Administrator DATE: June 8, 2007 SUBJECT: Agenda Item - Flight Nurse Positions Last year, when the Trauma Star program was in the implementation stages, funds were budgeted in the FY 07 budget for Flight Nurse Services. At that time, job descriptions, salary ranges, etc were not created, pending the employment of the Air Medical Services Chief; therefore, the actual Flight Nurse positions were not added as additional positions to our workforce. Our Personnel Policies & Procedures policy requires the establishment of new or additional positions to be authorized by the Board of County Commissioners and the County Administrator. The County Administrator has authorized two of these four positions to be filled as temporary positions until the BOCC considers this item for approval at their meeting on June 20th. Interviews were held and two individuals have been chosen to fulfill the two temporary positions. If this agenda item is approved, these two temporary positions will become permanent positions retroactive to their start date. Temporary hires were authorized so that the program can "get off of the ground" saving lives and generate revenue when possible. Also, the hospitals have been waiting for the Flight Nurse positions to be filled so that they can respond to the program. Org Code Expenditure Detail Item Budget grouped by Business Center, Business Unit Monroe County Board of County Commissioners Fiscal Year 2007 Service FY 2007 FY 2008 FY 2009 FY 2010 FY 2011 Expenditure Detail Item Description Level Issue # Budget Budget Budget Budget Budget 12 Emergency ]110 Emergency Medical Air Transportl 11000 Emer~ency Med Air Trans 510120 Regular Salaries & Wages <-. 1,960 2,065 2,174 FY 07 Anniversary Increase - New0003 Vacant 1,860 FY 07 Anniversary Increase - New0004 Vacant 1,860 1,960 2,065 2,174 FY 07 Anniversary Increase. New0005 Vacant 1,860 1,960 2,065 2,174 FY 07 Increase. New0003 Vacant 2,108 2,230 2,358 2,491 FY 07 Increase - New0004 Vacant 2,108 2,230 2,358 2,491 FY 07 Increase - New0005 Vacant 2,108 2,230 2,358 2,491 Salary - New0003 Vacant 62,000 63,488 65,012 66,572 Salary - New0004 Vacant 62,000 63,488 65,012 66,572 Salary - New0005 Vacant 62,000 63,488 65,012 66,572 510120 Regular Salaries & Wages 197,904 203,034 208,305 213,711 5.10210 Fica Taxes FICA - New0003 Vacant 4,090 4,196 4,305 4,417 FICA - New0004 Vacant 4,090 4,196 4,305 4,417 FICA. New0005 Vacant 4,090 4,196 4,305 4,417 Medicare - New0003 Vacant 957 981 1,007 1,033 Medicare. New0004 Vacant 957 981 1,007 1,033 Medicare - New0005 Vacant 957 981 1,007 1,033 510210 Fiea1'axes 15,141 15,531 15,936 16,350 510220 Retirement Contributions Retirement. New0003 Vacant 14,163 14,531 14,908 15,295 Retirement - New0004 Vacant 14,163 14,531 14,908 15,295 Retirement. New0005 Vacant 14,163 14,531 14,908 15,295 510220 Retirement Contributions 42,489 43,593 44,724 45,885 510230 Life And Health Insurance Health Insurance - New0003 Vacant 9,480 9,480 9,480 9,480 Health Insurance - New0004 Vacant 9,480 9,480 9,480 9,480 Health Insurance. New0005 Vacant 9,480 9,480 9,480 9,480 510230 Life And Health Insurance 28,440 28,440 28,440 28,440 510240 Workers Co~ensation Worker Comp - NewOO 3 2,268 2,327 2,387 2,449 Worker Comp - NewOO04 2,268 2,327 2,387 2,449 Worker Comp - NewOO05 2,268 2,327 2,387 2,449 510240 Workers Compensation 6,804 6,981 7,161 7,347 530316 Medical Services 01) Physicals, Drug Screen, Exposure Testing Notes: 01) Physicals, drug screen, exposure testing: moved from 13001 530316) 530340 Other Contractual Service 01) Medical Director Services 02) Flight Nurse Service Advance Data Processing Inc. Sheriff Helicopter Budget 1 500 500 500 500 ($500) Historical experience to cover 3 positions. (These funds are being 15,000 15,000 15,000 15.000 346,020 346,020 346,020 346,020 89,040 89,040 89,040 89,040 1,429,879 1,429,879 1,429,879 1,429,879 530340 Other Contractual Service 1,879,939 1,879,939 1,879,939 1,879,939 Variance: 01) Medical Director Services ($60,000): Amount requested for consideration by Dr. Schwemmer for additional responsibility for providing medical direction to the paramedic and nurse crews operating on Trauma Star during interfacility transfers of critical patients. A projected increase in demand for these flights is anticipated in light of recent developments in the aeromedical community regarding the withdrawal of a significant operator. NOTE: This is a projection for discussion purposes. There is no current contractual requirement in place. REDUCED TO $15,000 PER TW ROUNDTABLE 5/25/06 02) Flight Nurse Services ($346,020): Projected cost to enter into a contractual service for flight nurses to accompany Trauma Star on critical interfacility patient transfers. Assumptions: $300.00/mission X 3 missions per day X 365 days = $328,500 $2/hour on call rate X 24 hours X 365 days = $17,520 530400 Travel And Per Diem GovMax 2,287 2,287 2,287 2,630 2,630 2,630 68,170 68,170 68,170 219,261 4,531 4,531 4,531 1,060 1,060 1 ,Cf60 16,773 15,692 15,692 15,692 47,076 9,480 9,480 9,480 28,440 2,513 2,513 2,513 7,539 500 15,000 346,020 89,040 1,429,879 1,879,939 10/2812006 OK'!v~rY ~~~~E {30SI 294-4641 ('. ~ .-r_ BOARD OF COUNTY COMMISSIONERS Moyor Mori<! Oi Gennoro, Dislricl ~ lloyor Pro rem Dilie M. Ip.hor, Oishitl t Goorge Hell!lenl, Disl.;cI2 (oorles .Sonny. I\c(oy, Oi,' "tI 3 S)ivio J.llurphy, OJ,lrkl 5 Employee Services Division Human Resources 1100 Simonton Street, 2nd Floor ~._-~t, FL 3304Q ~" -,~ In / ~ 9 ~oo 7 f ostmg Date ~':'''I' MONROE COUNTY PROMOTIONALOPPORTUNITYN OTICE THE POSITION OF FLIGHT NURSE. FIRE RESCUE SERVICE. MARATHON IS NOW OPEN AT PAY GRADE LSALARY, $41.678.24 - $51.055.45 /40 HPW (DEPENDING ON QUALIFICATIONS.) · VETERANS PREFERENCE A V AJLABLE: · SAFETY SENSITIVE POSITION: · GRANT POSITION (IF GRANT ENDS, POSITION WILL NOT BE CONTINUED) l2lVES 0 NO DYES [g] NO DYES [g] NO THIS POSITION: l2$J IS A CAREER SERVICE STATUS POSITION. o IS NOT A CAREER SERVICE STATUS POSITION. In accordance with the Monroe County Personnel Policies and Procedures, it is the policy of the Board of County Commissioners to consider employees for promotional opportunities before applicants from the general public are considered. Promotional Opportunity Notices will be posted for a minimum of seven (7) calendar days (including the date of posting) during which time employees under the auspices of the County Administrator will have the right to apply for these positions before anyone outside the County service will be considered. An employee wishing to apply for a position through the Promotional Opportunity process will complete the Promotional Opportunity Application and submit it to the Personnel Representative in the lower, middle, or upper keys for a date stamp to insure timely referral within the 7 day period. Supervisor and/or Department Head signature can then be obtained by the employee or routed by the Personnel Representative, whichever is more feasible. Job interviews will be based on information on file and/or submitted with an application. The County reserves the right to reject any applications not submitted on a timely basis. J2~p;) HUMAN RESOURCES MONROE COUNTY IS AN EQUAL OPPORTUNITY EMPLOYER ESFRSIOl MONROE COUNTY, FLORIDA JOB DESCRIPTION r: Position Title: Flight Nurse Posi~io~ L~vel: 9 f'LSA Statl~s: Nonexcm t Date: J anuar' 10. 2007 CI~$:h5 Cod~: GENERAL DES.cRIPTION -----~'rtTfrrillfor111mil.m Oil tMntescnp7lmrtras hee;i7tes~glled 10 i'iultcale the generaTiiature mrif---- level of work performed by employees within this classification. It is not designed to contaill or be interpreted as a comprehensive inventory of all duties, responsibilities alld qualifications required of employees assigned to this job.} Will function as a Flight Nurse in the pre-hospital and inter-facility arena, and transport critically ill or injured patients to appropriate receiving facilities. Protects life and property. in compliance with County policies and procedures. by performing emergency medical techniques (Advanced Life Support) nnd patient care procedures, responding to disasters and other emergencies. and maintaining department aircraft (hel icopter) equipment. and stations. Nurse must pOt-isess knowledge of aero-medical supplies, equipment and medication in the management of in-night emergencies; patient comfort and safety measures in the aero-medical environment; and principles and practices of nursing including the implications of drug therapy and the effects of altitude. Nurse must become familiar with Monroe County Fire Rescue (MCFR) Medical Treatment Protocols. Trauma Transport Protocols, and Standard Operating Procedures relating to air medical response and transport. Participates in public education activities and training to improve public awareness of public safety and emergency medical issues. May drive and/or operate County vehicles. On call 24 hours pending disasters. ('<,%" v~~~} KEY RESPONSIBILITIES I. Responds to medical. trauma. and othc-r emergency calls. then evaluates the scene of an accident and/or emergency, triages patients. provides advanced life support. and operates air medical and EMS equipmenr. Assesses patient needs in pre-hospital and hospital settings utilizing accepted nursing and paramedic ,qandurds: set.~ priorities of care rapidly and accurately under all conditions and in varied environments: functions in the field without direct supervision utilizing assessment skills and written protocols when physician contact is not possible. and accepts rl'sponsibility for such actions. '" 2. Plans and provides in-tlight patient care, continuously monitors and evaluates paticnt's cnnditilln and reaLtillns to in~fIight stresses. Initiates appropriate action in management of patient's symptoms arising from illness. injury. and in-flight ~trcsscs, Plans. evaluate!>. and implements interventions for sol ving patient ~'are prnblems according to need!> and established nursing prowcols, Administers emergency medical technique,~ (Basic and Advanced Life Support) as defined and authorized by the Medical Director and/of llnline physi....ian ....ontrnl and in a~'cnrdan~'e with protocols and Florid;! Law. Provides emergen....y care. initiates emergency treatment in the absence of a physician for in-night medical emergencies. and pm\ ides emergency L'are to patit'nls in the C'vent Dr an aircraft emergency. Communicates with dbpatch and re~'eiving hllSpitilb. * 3. Transports. lith and carries various weight and diaml."tcrs of o:quipml."nt at the scene of an accident. -t, Inspects. de,lOs and maintains personal prote....tive gear. assigned aircraft (helicllpter). equipment. and statitlns to ensure operational readiness, Participates ,IS ,10 active memher tlflhe air medi....al team and is responsible 1'111' performing a!.sigm>d duties. 5. L';:<Irns layout llf th.;: response <lrea ,lOll facilities; co!le....ts information for pre-incident planning. 6. ,\ssists with landing lOne inspections tn dcteet potential hazards. 7" Conducts and/Of assist!. Ira ining ,Iud drills tlf Fir.;: Department emcrgcn....y medical services openllloll.S and prnL'edures with career and V\llullleer fire righters. Emergen~'Y [Ykdical Te~'hlli..:ians. and P<lf<lmedi\.'s as n:quircd. Position Title: Flight Nurse Position Lcyel: 11 FLSA Status: l'iOI1l..'Xt'lll t Date: Janllar . 10.2007 C1uss Code: ('-:'>- c" k. Cllndu<:b tour~ of aviation hangar and/m fire station). .mu (kmoll~tratc~ EMS/,\crOTI1t;'dit'al equipment. Pre~cnt). aud/Dr pani<:ipatc, in. fir,t aid. CPR <:Ia~,c, and etlul.:atinn program,. to imprmc pub!i..: awarcnes, llf publil' ~afct} and emergent") mcdiL'al i,~ucs. Pr<lmotcs and partit"ipate, in puhlic information and education rdat ing to emergency medical scrvl<:e, and the ht'alth cart' system in1leneral. As,i~t \\ith medical marketing of the air transport pwgnlm as n..'que-redny-tvrCFR anJ/oi'--;\fcdi~ilI5'ireChifi(l induck meclrng-;V:rih-ilh-Y;:Tcran,. hospitah:- . und other, within South I-'Illridu. Assists in respnnding to and in repllrting L'ilizen in4uirie, or complaillls. l). Maintains and annlltales in-llight patienl records. Maintains and completes data \In all fnrm~ relative to the mission. Provides written ,uppnrtiw documentation to follow-up patient infnrmalion. if nt'eded. Maintain and update equipment und PWlllcol manuals. Pnl\'ide documentation, evaluation. and recommendat ions I'm quality assurance monitoring to enhant'e uir medical operation. Provide direct patient medical t'arc report to receiving physicianlfai.:ility/nurse. Performs recording udivities to include. but nol limited tn: writing memos and summaries; cllmpleting inl.:ident and patient l.:are reports; and reporting aircraft equipment and apparatus dereL.t,. Participates in process improvement. quality assurano:e and edui.:ationul programs as they relate to the emergency medical services issues within the Fire Department. Will participate in patient t'are repurt review. and in-service presentations. Assists Medical Director with medic.:al edu....ation and quality assurance issues. * 10. Works shift and call back (and/or overtime) to meet department needs. On call 24 hours pending disusters.* I I. Keeps abreast of and complies with County polides. department rules and regulations. standard llperating procedures. llnd EMS protocols. Attends training. company drills. and administrative sessions as required. 12. Performs other similar and related duties as required. *Indicates an "essential" job function t1c"w,:L ""~.l~"~ ,-~ ... ,,;-.';/ { \ Position Tille; Flight :\ursc Position Lenl: 9 FLSA Status: NoneXt'lll t Date: Januar 10. 2007 Class Code: ( -:.' KEY JOB REQUIREMENTS Education: Experience: ~:.'h !~--<X: '~~ftl High School Diploma required and Associate's Degree in nursing from an accredited school of prof@ssional nursing required. Must have the foltmvirrg:-N'urSF!11TIstlYcrSSess a vatnrunrestncted Flonda-TJc'ense ft,-- practice nursing (RN). Must hold current Advanced Cardiac Life Support (ACLS), Basic Life Support (BLS), Pediatric Advanced Life Support (PALS), Air Medical Core Crew Curriculum (AMCCC) or have completed a flight nurse course acceptable to MCFR and the Medical Director, a Trauma Course such as TNCC, BTLS, PHTLS, or the equivalent of any of these courses. Preference given to those holding State of Florida/National Registry EMT and/or Paramedic certifications. Instructor status in any of the preceding areas is also given preference. Trained, experienced, and otherwise qualified to deliver pre-hospital and inter-facility care to critically ill or injured patients. Five (5) years to seven (7) years minimum adult and/or pediatric emergency and/or critical care experience. Must have significant knowledge of critical care nursing as evidenced by experience in ICU or ER delivering emergency medical care in the hospital and/ or pre-hospital environment. Willingness to take and complete department Emergency Vehicle Operations Course in accordance with Florida Statutes. Impact of Actions: Makes recommendations or decisions which usually affect the assigned department, but may at times affect operations, services, individuals, or activities of others outside of the assigned department. Complexity: Decision Making: Commll1ticatiOlt with Others: Managerial Skills: Work is non-standardized and widely varied requiring the interpretation and application of a substantial variety of procedures, policies, and! or precedents used in combination. Frequently, the application of multiple, technical activities is employed; therefore, analytical ability and inductive thinking is required. Problem solving involves identification and analysis of diverse issues. Supervision is present to establish general objectives relative to a specific project, to outline the desired end product and to identify potential resources for assistance. Independent judgment is required to identify, select, and apply the most appropriate of available guidelines and procedures, interpret precedents, and adopt standard methods or practices to meet variations in facts and/ or conditions. Regular internal and extemal contacts required to carry out program ilnd to explain specialized matters. Also requires continuing contacts ....-ith officials at higher levels on matters fl'quiring cooperation, eXplal1<ltion and persuasion or with the public iJl\'olving the enforcement of regulations, policies ilnd procedures. Responsible for orienting and training others. <lnd c1ssigning und rcYic\ving their work. May also be responsible for ucting in a "h~c1d" or "senior" capacity over other positions performing essentic111y the sume (~-r;. G~'?'., "-~ iJii c Position Title: Fllgh[ Nurse Position Level: 9 FLSA Status: NOl1cxt'nl [ Date: Jallllar' 10. 2007 Class Code: work, or related technical tasks and reporting to a higher level on a fornlc11 ba..,>is. Workillg COlufitiOIlSI 'S.icaLEffort: Work requires extreme phy~~cal exertion and/or physical strain to the point..GLphysical-ta.tig-UQ.,..-W~lwitonffi€-ffi-ffivol'/c:; t:~re to job" hazards where there is a high possibility of injury. APPROV ALS Departmellt Head: Namedm~J (~/~, Division Director: Name; JA.....~ Cft~Y1 COllllty Administrator Name; -;/r/~<J 5' ~(LJi! t; .------ , ,''i / Signature; V ~1t4--- L7~ Date: /_/CJ ~d' 7 ,. . S. ~41 Ignature: ~t ~p {/ Date: /-/d -t17 or. .. Signature: Date: 3 Ii :/; "7 . ~ BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: June 20. 2007 Division: Emergency Services Bulk Item: Yes -K- No Department: Fire Rescue Staff Contact PersonlPhone #: Andrea Sutherland /289-2777 AGENDA ITEM WORDING: Resolution authorizing the Mayor to execute retroactively a Shared Asset Forfeiture Fund (SAFF) Grant Application and all related requests for grant fund distribution to the Monroe County Sheriff's Office. ITEM BACKGROUND: The Monroe County Shared Asset Forfeiture Fund (SAFF) was established in 1999. The interest earned from these funds is distributed annually in the form of grants to eligible community groups, based on recommendations of the SAFF Advisory Board. An application for this grant has already been submitted by Monroe County Fire Rescue without prior approval from the BOCC due to time constraints in meeting the grant application deadline. We are now requesting retroactive BOCC approval to execute the application. PREVIOUS RELEVANT ROCC ACTION: The BOCC approved a list of SAFF grant recipients in its April 2007 meeting, one of which was this grant to Monroe County Fire Rescue. CONTRACT/AGREEMENT CHANGES: This is not a contract. STAFF RECOMMENDATIONS: With the ever changing EMS trends, and the evolution of the Tramna Star Program, we are striving to become the most highly trained service available to the citizens and residents of Monroe County. These grant funds will assist us in meeting our goals and Fire Chief Callahan recommends approval. TOTAL COST: 0.00 BUDGETED: Yes No COST TO COUNTY: 0.00 SOURCE OF FUNDS: SAFF Grant REVENUEPRODUClNG: Yes ~fO-X AMOUNT PER MONTH N/A Year APPROVED BY: County Arty OMB/Purchasing _ Risk Management _ DOCUMENTATION: Included Yes Not Required_ DISPOSITION: AGENDA ITEM # Revised I I/06 MEMORANDUM ATTACHMENT TO AGENDA ITEM SUMMARY Meeting Date: June 20, 2007 Division: Emergency Services Bulk Item: Yes X No Department: Fire Rescue Staff Contact PersonlPhone #: Andrea Sutherland / 289-2777 AGENDA ITEM WORDING: Resolution authorizing the Mayor to execute retroactively a Shared Asset Forfeiture Fund (SAFF) Grant Application and all related requests for grant fund distribution to the Monroe County Sheriff's Office. ITEM BACKGROUND: The Monroe County Shared Asset Forfeiture Fund (SAFF) was established in 1999. The interest earned from these funds is distributed annually in the form of grants to eligible community groups, based on recommendations of the SAFF Advisory Board. Each year, the SAFF Advisory Board solicits and reviews grant applications and makes funding recommendations to the Monroe County Board of County Commissioners (BOCC). $250,000 is available for award in 2007, with no individual grant to exceed $10,000 and grant funds are to be used for one of the following purposes, 1) crime prevention, 2) drug abuse prevention, or 3) mental and physical health care for minors. An application for this grant has already been submitted by Monroe County Fire Rescue without prior approval from the BOCC due to time constraints in meeting the grant application deadline. The projected amount awarded to Monroe County Fire Rescue is $7,500.00. The Grant Funds will be used to send six Flight Medics and Flight Nurses to a critical care transport class. This class offers extensive knowledge and hands-on expertise in the transport of critically injured patients via air transport. This renewable certification is valid for three years. With the evolution and advancement of the Trauma Star Program we are striving to meet and exceed all industry standards. We want to be the highest qualified Trauma Transport Team possible for the citizens and visitors of Monroe County. PREVIOUS RELEVANT BOCC ACTION: The BOCC approved a list of SAFF grant recipients in its April 2007 meeting, one of which was this grant to Monroe County Fire Rescue. CONTRACT/AGREEMENT CHANGES: This is not a contract. STAFF RECOMMENDATIONS: With the ever changing EMS trends, and the evolution of the Trauma Star Program, we are striving to become the most highly trained service available to the citizens and residents of Monroe County. These grant funds will assist us in meeting our goals and Fire Chief Callahan recommends approval. James Callahan Fire Rescue RESOLUTION NO. . 2007 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA AUTHORIZING THE CHAIRMAN TO EXECUTE RETROACTIVELY A SHARED ASSET FORFEITURE FUND ("SAFF") GRANT APPLICATION AND RELATED REQUEST FOR GRANT DISTRIBUTION TO THE MONROE COUNTY SHERIFF'S OFFICE. WHEREAS, the Monroe County Shared Asset Forfeiture Fund (SAFF) was established in 1999, and the interest earned on the proceeds in the SAFF is distributed annually in the form of grants to eligible community groups based on recommendations ofthe SAFF Advisory Board; WHEREAS, each year, the SAFF Advisory Board solicits and reviews grant applications and makes funding recommendations to the Monroe County Board of County Commissioners (BOCC); and WHEREAS, $250,000 is available for award in 2007, with no individual grant to exceed $10,000 and grant funds are to be used for one of the following purposes, 1) crime prevention, 2) drug abuse prevention, or 3) mental and physical health care for minors; and WHEREAS, the application for this grant was already submitted by Monroe County Fire Rescue and approved without prior approval from the BOCC due to time constraints in meeting the grant application deadline; and WHEREAS, the projected amount awarded to Monroe County Fire Rescue is $7,500, which will be used to send six Flight Medics and Flight Nurses to a critical care transport class offering extensive knowledge and hands-on expertise in the transport of critically injured patients via air transport. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, as follows: 1. The Chairman is hereby authorized to execute retroactively a SAFF Grant Application and related request for grant distribution to the Monroe County Sheriffs Office, copies of same being attached hereto. 2. The monies from the SAFF Grant will improve and expand the County's pre-hospital EMS system. 3. The grant monies will not be used to supplant existing County EMS budget allocations. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the day of ,2007. Mayor Di Gennaro Mayor Pro Tern Spehar Commissioner Neugent Commissioner McCoy Commissioner Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By (Seal) Attest: Mayor MONROE COUNTY ATTORNEY A~ROVED AS TO FOBM:1 / ~wel-Ul~ .1-. I~ YNTHIA L. HALL ASSISTANT COUNTY ATTORNEY Ofo'~o4- 0-::;- Date Deputy Clerk MONROE COUNTY BOARD OF COUNTY CO:MMISSIONERS CONTRACT SUMMARY Contract with: Monroe County Sheriff's Office. Contract # - Effective Date: April 19 . 2007 Expiration Date: November 30. 2007 Contract Purpose/Description: Shared Asset Forfeiture Fund (SAFF) Grant Application and all related requests for grant fund distribution to the Monroe County Sheriff's Office. Contract Manager: Andrea Sutherland 289-2777 Fire Rescue, Stop 14 (Name) (Ext. ) (Department/Stop #) for BOCC meeting on June 20. 2007 Agenda Deadline: June 5. 2007 CONTRACT COSTS Total Dollar Value of Contract: $ 7,500.00 Budgeted? YesO No D Account Codes: Grant: $ 7,500.00 County Match: $ .00 Current Year Portion: $ 7,500.00 - - - - ----- - - - - ------ - - - - ----- - - - - ~---- ADDITIONAL COSTS Estimated Ongoing Costs: $~yr For: (Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.) CONTRACT REVIEW Changes Date Out Date In Needed Reviewer Division Director - YesD NoD Risk Management - YesD NoD O.M.B./Purchasing - YesD NoD County Attorney [./4/0;:;- YesD Nog] C/tt;/li I . tbJJ 0/+/01- Comments: OMB Form Revised 2/27/01 Mep #2 MONROE COUNTY SHERIFF'S SHARED ASSET FORFEITURE FUND 2007 GRANT APPLICATION November 2006 The Monroe County Shared Asset Forfeiture Fund (SAFF) was established in 1999 funded by Sheriff Richard D. Roth with proceeds of a major drug smuggling and money-laundering investigation, the interest earned from these funds is distributed annually in the form of grants to eligible community groups. The SAFF Advisory Board consists of seven community members. Five are appointed by the County Commissioners and the Sheriff selects two. Each year, the SAFF Advisory Board solicits and reviews grant applications and makes funding recommendations to the Monroe County Board of County Commissioners (BOCC). $250,000.00 is available for award in 2007. The Advisory Board has determined to focus its efforts and issue award recommendations based on the following criteria: 1. No individual grant will exceed $10,000.00 2. Grant program purposes should be limited to: CD Crime prevention e Drug abuse prevention e Mental and physical health care for minors During this 2007 grant cycle, cultural, artistic, and sports programs are not likely to receive favorable recommendation. 3. Grant proposals generating new matching funds will be given extra consideration. 4. Grant proposals for building improvements, real estate acquisition, or salaries for new positions will not be considered. The advisory board will consider multiple year funding requests on a limited case by case basis if the applicant can demonstrate that a multiple year commitment will leverage significant additional funding or develop continuing financial self sufficiency within the period of the grant.~, Applications are available beginning November 1,2006 and must be received by the Monroe County Sheriff's Office, Administrative Headquarters, 5525 College Road, Stock Island, Florida 33040 no later than Noon. Friday. February 9. 2007. The SAFF Advisory Board will conduct a public meeting to evaluate proposals and make its recommendations to the County Commission. It is anticipated that recommendations for funding will be made to the Board of County Commissioners for consideration at the April 2007 BOCC meeting. An application form is attached. Applications should be printed or typed, single- spaced on 8 Yi x 11 white papers, corner stapled. An original and ten copies are required. Limit 8 pages (9 if multiple year funding is requested.) Thank you for you interest in the Monroe County Sheriff's Shared Asset Forfeiture Fund. For additional information, contact Val Marinello, Sheriff's Aide at (305) 292-7003, TDD (305) 292-7075 or email: vmarinelIo@keysso.net. We welcome your participation and comments at our public meetings. APPLICA TION DEADLINE: Applications for the 2007 funding cycle must be delivered no later than Noon. FRIDAY. Februarv 9. 2007. Applications received after this time will not be considered for funding. No extensions will be granted whatsoever. Faxed or e-mail submissions will not be accepted. First Page ofthe Application: (Limit one page, except as noted below): Applicant Identification Name of Organization: ('(\6(\\0 t:., CoCl~ ~ ,e.. \,2eSCDQ.. Address: yq() lo'6tstS\\e~ (y\Ae..A~o.'1 \Z ,'330S'O , " Authorized Representative: (name & title) C\l\ e.S: CA-U...a-..Y\o...n - M \e.. C~ ~\=-' Contact Person: (Matters regarding this application) f1~ SJ\-De..C2-\{lr\.it. Telephone: 3::)S -q'td--~~d 3> Fax: 30:; - 2~q - 01 'fJ7<..D E-mail: ~i..>W1e.Q\.n..nd.. - Clnd\".e.o... 0 CY'O\) r-oe. Coo ()~- R . 50-J . Title of Project: C~-\1 cA-L c..~f:. Tn:A(\s'\)Oex m0(l...SE Type of request: 0 Recurring funds (e.g., operational costs) ..!t8 Non-recurring funds (e.g.; capital expenditures, one-time costs) Amount of request: \ 0 ) 00 0 If your request is for multiple year funding, please check here D and attach a separate page describing the future plan. Will you be willing to submit to this Board a full account of what you are doing with these funds? Ij1Yes DNo From what other groups have you requested funds and what was the result? Supply a separate page here if you like. It will not be counted as part of the total page count. \\ 0 () f. If your organization has a Board of Directors, please list their names and addresses or you must designate three or more individual residents of Monroe County to be responsible for the uses of the fund. Supply a separate page here if you like. NO This application addresses (please check all that apply): o Law Enforcement o Crime Prevention ..m Drug and Alcohol Abuse Prevention and Treatment ijJMental and Physical Health of Minors and Adults o Cultural, Artistic, Educational, Recreational and Sports Programs for Monroe County Youth Signature: q;,d-~L Date: (;1-'8-0'7 Please note: Because Sunshine Laws of the State of Florida apply to these proceedings, any information in this application may be available to the public. First Page of the Application: (Limit one page, except as noted below): Applicant Identification Name of Organization:.:.'. Address: Authorized Representative: (name & title) Contact Person: (Matters regarding this application) Telephone: Fax: E-mail: Title of Project: Type of request: 0 Recurring funds (e.g., operational costs) o Non~recurring funds (e.g., capital expenditures, one-time costs) Amount of request: If your request is for multiple year funding, please check here 0 and attach a separate page describing the future plan. Will you be willing to submit to this Board a full account of what you are doing with these funds? DYes ONo From what other groups have you requested funds and what was the result? Supply a separate page here if you like. It will not be counted as part of the total page count. If your organization has a Board of Directors, please list their names and addresses or you must designate three or more individual residents of Monroe County to be responsible for the uses of the fund. Supply a separate page here if you like. This application addresses (please check all that apply): o Law Enforcement o Crime Prevention o Drug and Alcohol Abuse Prevention and Treatment o Mental and Physical Health of Minors and Adults o Cultural, Artistic, Educational, Recreational and Sports Programs for Monroe County Youth Signature: Date: Please note: Because Sunshine Laws of the State of Florida apply to these proceedings, any information in this application may be available to the public. Second Page of the Application (Limit of one page): Abstract: ~" A brief summary of the project (who, what, where, why, when, how and how much). Pages 3 through 8 of the Application: THE APPLICATION Here you should include: A. Introduction. Describe the overall organization, its qualifications relevant to this request, and its capacity to manage the project. B. Goals, Objectives and Outcomes (What needs to be done). Supply documentation of the need if it is available. C. Background and Significance (Why the project is important to the community). D. Target Population (Who will be served specifically? Age? Gender? Special circumstances) E. Approach Method. (How will the project be done? Where will it be done? When? What staffing is required?) F. Resources and costs. (How much will it cost? Include detailed budget. What other resources are available for the project? Describe the organization's fiscal capabilities.) G. Sustainability (For projects that may be asking for funds for more than one year, how will the project be sustained upon termination of this funding?) 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CD..... 0 "'0 '< a. 00-. ::j..C::S I .... (Q . ~~:-g.)>).~.. 8 -B g Q :;' 0' ~<'o- Q ~ e \ I (0 tIl CD ...~........ :'!!!. 0.... 0 ::!". m lilll;~F III i eCD .........0 n 0 ::r CD .... CT'BIn ..... C Cl> tIl Q )!!;c..a -. ~ ~ 0 n,.ro n -. 0:;'!2 ~ ~ 0,"" e 0 v' W ..........~,.'..~ g' ~ ~ [~~ n :ro "" ....::s ......(1) ..... CD - 0 -'(0 '"" .... -. U'l coO" (1) a. 3 ::;:::s ~::s ~:5'0.. o 0 CD 0.... < CD ..... _. "" tIl r-..... .... 3 ..... -. ...... -.""' :::J-' -' tIl CD '" ennCD ::;:0...."'3 ..... c (l) 3 -..... ::s COo e OClltll. c::So::s ? ~fD ~ .... o.;,~,,< CRITICAL CARE EMERGENCY MEDICAL TRANSPORT PROGRAM CCEMTP(SM) PLEASE SELECT PREFERREF COURSE DATES Jul 16-291 2006 J u !y__t~=-~~-,__~OOZ_._______ CCEMTP(SM) Registration Fee: $875.00 (includes CCEMTP(SM) Resource Guide) Continuing Education Credit This continuing education activity is approved by UMBC. an organization accredited by the Continuing Education Coordinating Board of Emergency Medical Services (CECBEMS). Please type or print clearly. A confirmation letter, list of area hotels, directions and map will be sent upon receipt of registration and payment. Mail this completed form and your check made payable to "UMBC" to; University of Maryland, Baltimore County Professional Education and Training 1000 Hilltop Circle, Academic IV - B Wing - 4th Floor Baltimore, Maryland 21250 Name: Email: Address: City, Sate, Zip: Phone: Alternate Phone: NREMT-P/Paramedic Lic #: Exp. Date & State: RN, MD License #: Exp. Date & State: Enter Amount $ 875.00 >>>>>>> >>>>>>> $ 5.00 >>>>>>> $ 5.00 >>>>>>> Card Number: V-code: (last three digits on back of card Name as it appears on Card: Signature: Expiration Date: Address if different from above: You may fax your registration form with credit card information to (410) 455-1344. Cancellations/Refu nds ,jAil cancellations and request for refunds must be made in writing six: (6) weeks prior to the course start date, and is subject to a $45.00 withdrawal fee. After the withdrawal deadline all tuition will be forfeited. OA $45.00 fee will be charged for any returned check. DUMBC reserves the right to cancel any course due to insufficient enrollment. In the event of cancellation. tuition will be refunded or transferred to another course date at UMBC's ex:pense. Program Goals The Critical Care Emergency Medical Transport Program"" is designed to prepare paramedics and nurses to function as members of a critical care transport team. Critical patients requiring transport between facilities need a different level of care from hospital or emergency field patients. Participants will gain an understanding of the special needs of critical patients during transport, become familiar with the purpose and mechanisms of hospital procedures and equipment, and develop the skills to maintain the stability of hospital equipment and procedures during transport. Curriculum Design The CCEMTP,m Program is designed to provide the basic educational foundation required for specialists transporting critical care patients. In addition, it may serve as a springboard for those institutions looking to expand into critical care. The CCEMTP,m Resource Guide is a curriculum divided into broad modules. Each module has a specific instructional goal, a rationale (establishing a connection with the desired benefits of the program), a list of necessary equipment to demonstrate various critical care techniques, the required readings and the learning objectives. Each lesson contains a focus statement (providing a specific direction about the topic and how it will contribute to the development of the participants), a list of learning objectives, demonstration equipment, additional readings, handouts, and a lesson outline. Coming SOOIl - The Specialized Critical Care Transport Curriculum! CCEMTP'.' is currently being updated and revised to prepare participants to perform the specialized skills necessalJ: to transport critical patients using the most up-to-date technology and information. Course Contributors Participants The Critical Care Emergency Medical Transport Progranl'"' brings paramedics and nurses together in an- effort to bridge the gap between prehospital and hospitat,care. The result is a specialized care provider that has an understanding of both aspects of patient care, and uses the understanding to provide the highest level of care to critical patients during transport. All locations offering the CCEMTP,m course must require that all pal"ticipants have a current paramedic or nursing license. CCEMTP,m Educational Site Licensed locations have the option of requiring or recommending the following prerequisites. Participants at CCEMTP,m Outreach locations are required to submit these prerequisites. Paramedic requirements: Recommended minimum of one (1) year as a paramedic, current certifications in CPR, ACLS, BTLSIPHTLS, and P ALSIPEP1)/PPC. Nurse requirements: Recommended minimum of one (1) year as a nurse, current certifications in CPR, ACLS, PALSIPEPPIENPC, and BTLSIPHTLSrrNCC/TNATC. Co urse .Pre-Req uisites The Critical Care Emergency Medical Transport Program,m pre-requisites are: Paramedic requirements: Current recommended certifications in CPR, ACLS, BTLS or PHTLS, P ALS/PEPP/PPC, and a recommended minimum of one year experience in that role. Nurse requirements: Current recommended certifications in CPR, ACLS, BTLS/PHTLS/TNCC/TNATC, PALSfPEPP/ENPC, and a recommended minimum of one year experience in that role. Course Outline The Critical Care Emergency Medical Transport Program'" covers the most common and serious ~ conditions requiring transport D'om a community hospital to a tertiary care facility. CCEMTP"" lectures are broken into the following modules: Module A n~mN; . .... ..... ... .......... lil\1qd4h}(J . JSurgicaLAit}Vay Management r..-.' ., "... -... ,.'. ", -- . 'Y"'J'>f~oV'~-".~ ;~-~~~-';~'~^-,<~<-~,;-, i ..-:..-,.-::,.-_.., .. I ModllleO \. . i Hemodynamic Management Cardiac Management ""'_.~""_."~ ,_ ","_ ___"C_ 'C" n_"" _". ,. n ,'",. 'C'. ,c ,. . - - .. - ,. I Module E ,._~~~y",_,.~~O."~M"O'<~"",W~'<_".'~c'-.'Y.'d0-c,'. cn, 'W myny,_ y enw,," """'C'OUM~'~M,c_a.~c~mc<<.a'_""'f..M"C~'C...~.c.._,.....v .' c.._. _, '.-.-f. .-......~o..,~".~ ~c..,~..'",.-...._~'.O,~..""OO,~".., ',_.., IM6dule F J Pharmacological Management '.. ;....,.-""..,. .' -.-., ,. . .. . ... -'. . .". -" -' -'...... !lv16dtile G . -., ".- 'C.' n. ....._. ,. .,'" ,~,c ~.~ '_'."., ,., ,~,..., _.,,0,,' '; .'''.', ',''''',.'', .""", ,c n.-"'N.,'.-, ..,,-.,'., ,. '" ,~, w -,~ ,~, .',.U ,..", ..~ n..' wU. '., '.. m.. _., ._.'..,...; ....,_., n ,_.....' ,_.. '"'C'.''' C .,. .,. ;;'. ,..:. .',: ,.. . ,. . , . !..GI,GO.and'Renal Management ., -". :', " , . < - - - ' '. - - - - - '- . . r..'.c'.c,..,..'.;.""....,.'....'..',....,.;'. ~. -.- ., -.,. -. ,-- ". . . ~: :, ..: . . . , -. -. '- :. '. : - . - -' .,.. ; - .: '- - -' :. : ...!NeutologicalManagement Complications of Transport Special Considerations "....,""'~,..~"'~,"'-,",'yHy_'c'c l jModule I I Module J I . . Re uired Textbooks - CCEMTpm Reading List (.doc) - CCEMTP"" Reading List (pdj) Textbooks '1~ Primary (you may utilize either): IIntroduction to Critical Care Nursing (3rd Edition) ior iCritical Care Nursing: A Holistic Approach (8th Edition) ICritical Care Nursing: A Holistic Approach (8th Ed.). Morton, P., Fontaine, D., Hudak, C., Gallo, lB. iPhiladelphia: Lippincott, 2004. ISBN: 0-7817-2759-6 IIntroduction to Critical Care Nursing (4th Edition). Sole, Lamborn, Hartshorn. IPhiladelphia: W.B. Saunders Company, 200 1. ISBN: 0-7216-0520-6 ~lso ICritical Care Transport Field Guide !Boston: Jones and Bartlett, 2002. ISBN: 0763715808 0781727596 Critical Care Nursing A Holistic Approach BE ~. Your Price: $91.95 ea I 1 0721605206 Introduction to Critical Carl:' Nursing 4E ~ Your Price: $76.95 ea <.. Monroe County S/ieriffls Office 2?jcliarcf'D. 1?ptli, Slieriff 5525 cor[ege :!(pac! 'Xf.g 'West, :rwriJa 33040 (305)292-7000 :r.vc: (305)292-7070 1-800-273-COP5 WW'lO.Kggsso.net April 19, 2007 SU[lSTATIONS Fr~cman Subslation 20950 Ov~"cas Hwy. Cudjoc Key. FL 33042 (305) 745-3 I 84 FAX (305) 745-3761 Andrea Sutherland Monroe County Fire Rescue 490 63rd Street Marathon, FL 33050 _ Maralhon Subst3lion 3103 Overseas Hwy. Marathon. FL 33050 (305) 289-2430 FAX (305) 289.2497 Re: Shared A~set Forfeiture Fund Grant FYE 2007 1s1amorada Substation. 87000 Overseas Hwy. . lslamorada. I'L 33036 (305) 853-7021 FAX (305) 853-9372 Dear Ms. Sutherland: ROlh Building 50 High Point Road Tavcrnier. FL 33070 (305) 853-3211 FAX (305) 853-3205 I am pleased to announce that at the recommendation of the Shared Asset Forfeiture Fund Advisory Board, the Board of County Commissioners has approved funding to your organization in the amount of$ 7,500.00. The Monroe County Sheriffs Office is responsible for disbursing the grant funds. Yeny Rodriguez will be your prinlary point of contact You may contact her at: DETENTION CENTERS Key West Oct. Cemer 5501 College Road Key Wesl. FL 33040 (305) 293-7300 FAX (305) 293-7353 Marathon Oct. Facilit)' 3981 Ocean Terrace !\larathon. FL 33050 (305) 289-2420 FAX (305) 289-2424 Yeny Rodriguez Finance Assistant c/o Monroe County Sheriffs Office 5525 College Road Key West, Florida 33040 Telephone: Fax: 292-7012 292-7014 Emilil address: yrodriguez@keysso.net Prior to reimbursement, MCSO requires: Plalllarion Del. Facility 53 High Point Road Plalllation Key, FL 33070 (305) 853-3266 FAX (305) 853-3270 . Current W -9 Form CII/ Completed MCSO Vendor Registration Form (enclosed.) You may mail originals to the above address. SPECIAL OPERATIO:--;S 1'.0. Box 500975 Mar.l(hon. FL 33050 (305) 289-2410 FAX (305) 289-2498 AVIATIO:--; DlVISIO:--; !Ill 00 Ov~rscas flwy. Ivl"ralholl. FL 33050 (05) 289-2777 FAX (30j) 289-2776 Grant funds will be disbursed on a reimbursement basis. The 2007 grant period began on April 19, 2007. Expenses incurred prior to this date are not reimbursable. Reimbursement checks are issued within 45 days after MCSO finance personnel reviews the reimbursement request which must include a notarized statement that "the funds received will not be submitted to any other funding source", receipts for the goods/services being reimbursed, copies of corresponding cancelled checks, timesheets, and any other supporting documents needed to support the reimbursement request. CO\lMUNICATlONS 2796 Ovcrsc>ls flwy. M>lr.llholl. FL 33050 (305) 289.2351 FAX (305) 289-2493 There are two deadlines for all requests for reimbursement. The first deadline surrounds the Sheriffs fiscal year-end, which is September 30th. All expenses incurred by your organization between April 19th and September 30th must be submitted and received by MeSO no later than 10/15/07 or payment will be forfeited. The second deadline is November 30,2007. Expenses incurred by your organization between October 1 and November 30th are eligible for reimbursement and should be submitted and received by MeSO no later than 12117/07 or payment will be forfeited. If you need to make a request to reprogram your award, you must make such request in writing prior to the applicable deadline. Such a request must be approved by the Board of County Conunissioners prior to all deadlines outlined herein and is not automatically approved by Sheriff personnel. Your cooperation is appreciated. -. Shouldyou need any other assistance, please feel free to contact Yeny. ~~ Val Marinello Sheriff s Aide Ene. / .. '. - .", .",.:.,~______"~_' _:~ _,~ ..MO. ___.__. ."_...,,.h~.___..'_''''~, ~ 9v[onroe County Sheriff's Office :Richan{ rrJ. 2?pthl Sheriff 5525 Co((ege 'l\9aa 'J(ey (West/J[onaa 33040 ~'(305) 292.7000 1"5l..X: (305) 292-7070 1.800.273.COPS uJW7U.k!ysso.net Sheriff s.:illl!llliJnir~lions: ~"7Y(l O.....~r...~il... Hw:'. \ 1:tr:llonn. 1'1. ~)051l ~ }1)5) 21)~-7()7:; F.\\ 1.~1):I)2S'J.:'..1'I.~ ~uhs:taf~ons: Ffc:~man Suh~Wliou .:!IlIJ5n Ovt:'r"'l!a~ H\\yc Cud)oe Key. l'l. 331}l:'. I 31l517~5-3IS~ ,i.i\ FAX (J051 7-15.3761 \I,uathon Suh-;~:ui(Hl ~ 10.' Ovenca, Ilwy. \laralhnn. 1'1. 3.10:11] '~05) 289-1.\31] FAX 13(5) 189-1.\97 l...l,anloraua SUh:-.lillion ~7m() OwrSC<l' Hwy. hlmllor3ua. F1. 33036 I.~05, 853-7021 FAX (305) 853-9372 SPl}lLIr.",ood Subst.Jl1nll ~:-{77(} O\~r~~~t'; Hwy, T:t'cmier. 1'1. 33071] 13051 853.3211 F'-X (305\ 853-3205 Doten tion Centers: Key \V~ ~t l..)ct. Cenl~ r :I 50l College Road Key We<t. 1'1. 3.10-10 <)11:1) 293-7300 I'AX 13051293-7.153 ;\Iarathon DeL Faci~it)" 3'1~ I O,e~n T,rr~l"C \I..ra(o'lo. FI. DI):lI) .31151 239.2-120 FA\ 13051 1~9-2~2-1 PI~wliltion D~t, r-acilil~ 5~ High Pmm R~ILld PI.'lllliitiOii Key. IT 33070 1311:11853-32(,(, b\X 13051 S53.,~7() ).Ilcrinl Ollcrati= p () fl,,, 51)(i'l7~ \ 1.".lll1on. FI ,1'(151) ~ ....oS I 2~9. ~..Il (j h\:\ {JOS} ~:-;I)-l.1I.)X To Whom It May Concern: Following you w.iH find a blank W-9, Request for Taxpayer Identification Number and Certification. Please complete this form and return it to us as quickly as possible so that we may issue payments in full to you on a timely basis. We are required by the Internal Revenue Service to withhold up to 31 % of our payments to certain entities that have not responded correctly to this request. (See IRS Publications 1281 and 1679.) When completing the form, please be careful to follow the instructions, especially those on page 4 regarding What Name and Number To Give the Requestor. Also be sure to sign the form in Part II Certification. Your completed Form W~9 should be mailed directly to the address listed at the top of this letter to the Attention of Finance, or you may fax your response to 305-292-7014 at any time. Thank you for your compliance with this request. Finance Division Monroe County Sheriff's Office 5525 College Road Key \Nest, FL 33040 (305) 292-7016 ~ ~y~~ I~l: ~~ ~,,- ~\~ ""'-C-'ooioo Form W-g Request for Taxpayer Give form to the (Rev. Oclober 2004f Identification Number and Certification requester, Do not Departmont of lho no.sUl)' send to the IRS. Inlemaf Reveroe- SeMce ('.i Name (as reported on your income tax return) <ll -t.. Ol ltl a. Business name. ~ different from above c: 0 1lI<'l ..-...............1 a.g o IndividuaV o Corporation o Partnership o Other ll- D Exempt from backup Z;-:;:: Check appropriate box: Sole proprietor withholding .... () 02 Address (number. street. and apt. or svite no.] Requester's name and address {optionaQ c't; 'C .5 Q..() -= City. slate. and ZIP code '0 1lI a. fI) List account number(s) here (optlonaQ <lJ <l> (f) II :F.T'ii III Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on Une 1 to avoid backup withholding. For individuals, this is your social security number (SSN). However, for a resident afien, sole proprietor, or disregarded entity, see the Part I instructions on page 3. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN on page 3. Note. If the account is in more than one name, see the chart on page 4 for guidelines on whose number to enter. l.:J:J:Ijumber + I or J Certifici3tion Und er penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me), and 2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Intemal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding, and 3. I am a U.S. person (including a U.S. resident alien). Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax retum. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the Certification, but you must provide your correct TIN. (See the instructions on page 4.) Signj Signature of Here . u.s. person po. Date po. Purpose of Form A person who is required to file an information return with the IRS, must obtain your correct taxpayer identification number (TIN) to report, for example, income paid to you, real estate transactions, mortgage interest you paid, acquisition or abandonment of secured property, cancellation of debt, or contributions you made to an IRA. U.S. person. Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN to the person requesting it (the requester) and, when applicable, to: 1. Certify that the TIN you are giving is correct (or you are waiting for a number to be issued), 2. Certify that you are not subject to backup withholding, or 3. Claim exemption from backup withholding if you are a U.S. exempt payee. Note. If a requester gives you a form other than Form W-9 to request your TIN, you must use the requester's form if it is substantially similar to this Form W-9. For federal tax purposes you are considered a person if you are: · an individual who is a citizen or resident of the United States, · a partnership, corporation, company, or association created or organized in the United States or under the laws of the United States, or Cat No 10231X · any estate (other than a foreign estate) or trust. See Regulation section 301 .7701-6(a) for additional information. Foreign person. If you are a foreign ~rs6n, use the appropriate Form W-8 (see Publication 515, Withholding of Tax on Nonresident Aliens and Foreign Entities). Nonresident alien who becomes a resident alien. Generally, only a nonresident alien individual may use the terms of a tax treaty to reduce or eliminate U.S. tax on certain types of income. However, most tax treaties contain a provision known as a "saving clause." Exceptions specified in the saving clause may permit an exemption from tax to continue for certain types of income' even after the recipient has otherwise become a U.S. resident alien for tax purposes. . If you are a U.S. resident alien who is relying on an exception contained in the saving clause of a tax treaty to claim an exemption from U.S. tax on certain types of income, you must attach a statement that specifies the following five items: 1. The treaty country. Generally, this must be the same treaty under which you claimed exemption from tax as a nonresident alien. 2. The treaty article addressing the income. 3. The article number (or location) in the tax treaty that contains the saving clause and .its exceptions. Fn'", W-9 IRAV 10-2004\ Form W-9 (Rev. 10-20(4) Page 4 Part II. Certification To establish to the withholding agent that you are a U.S. person, or resident alien, sign Form W-9. You may be requested to sign by the withholding agent even if items 1, 4, and 5 below indicate otherwise. For a jOint account, only the person whose TIN is shown in Part I should sign (when required). Exempt recipients, see Exempt From Backup Withholding on page 2. Signature requirements. Complete the certification as indicated in 1 through 5 below. 1. Interest, dividend, and barter exchange accounts opened before 1984 and broker accounts considered active during 1983. You must give your correct TIN, but you do not have to sign the certification. 2. Interest, dividend, broker, and barter exchange accounts opened after 1983 and broker accounts considered inactive during 1983.You must sign the certification or backup withholding will apply. If you are subject to backup withholding and you are merely providing. your correct TIN to the requester, you must cross out item 2 in the certification before signing the form. 3. Real estate transactions. You must sign the certification. You may cross out item 2 of the certification. 4. Other payments. You must give your correct TIN, but you do not have to sign the certification unless you have been notified that you have previously given an incorrect TIN. "Other paymentsn include payments made in the course of the requester's trade or business for rents, royalties, goods (other than bills for merchandise), medical and health care seNices Oncluding payments to corporations), payments to a nonemployee for services, payments to certain fishing boat crew members and fishermen, and gross proceeds paid to attorneys Oncluding payments to corporations). 5. Mortgage interest paid by you, acquisition or abandonment of secured property, cancellation of debt, qualified tuition program payments (under section 529), IRA, Coverdell ESA., Archer MSA or HSA contributions or distributions, and pension distributions. You must give your correct TIN, but you do not have to sign the certification. What Name and Number To Give the Requester .~or this type of account: 1. lnoividual 2. Two or more individuals Goint account) 3. Custodian account of a minor (Uniform Gift to Minors Act) 4. a. The usual revocable savings trust (grantor is also trustee) b. So-called trust account that is not a legal or valid trust under state law 5. Sole proprietorship or single-owner LLC Fo.r this type of account: 6. Sole proprietorship or single-owner LLC 7. A valid trust, estate, or pension trust 8. Corporate or LLC electing corporate status on Form 8832 9. Association, club, religious, charitable, educational, or other tax-exem pt organization 10. Partnership or multi-member LlC 11. A broker or registered nominee Give l1ame Zlnd SSN or: The individual The actual owner of the account or, if combined funds, the first individual on the account I The minor · The grantor-trustee I The actual owner \ The owner 3 Give name and ErN ot: The owner' Legal entity · The corporation The organi2:ation The partnership The broker or nominee 12. Account with the Department of Agriculture in the name of a public entity (such as a state Or local government, school district, or prison) that receives agricultural program payments \Jst first and c~cle the name of the peroon whose I1U11ber you fumlsh. If only roe pen;on on a Jolnt accourrt has an SSN. that person's numbef must be lumished. 'Circle ~ minor's name and fumish the minors SSN. 'yOU must show your individual name and you may also mtll( yoU<' business Of" "DBA" name on the second name lim!o You may use either your SSN 0<' EIN r~ you have one). If you are a sole proprietor, IRS encourages you to use yoU<' SSN. . Ust rrn and circle the flame of the legal trust. estate, 0<' pension trust. (Do not furnish ~ TIN of the personal representative or trustee unless the legal entity itself is not designated in the account tltfe.) Note, If no name is circled when more than one name is listed, the number will be considered to.be that of the first name listed. The public entity Privacy Act Notice r Section 6109 of the Internal Revenue Code requires you to provide your correct TIN to persons who must file information returns with the IRS to report interest, dividends, and certain other income paid to you, mortgage interest you paid, the acquisition or abandonment of secured property, cancellation of debt, or contributions you made to an IRA, or Archer MSA or HSA. The IRS uses the numbers fOr identification purposes and to help verify the accuracy of your tax return. The IRS may also provide this inFormation to the Department of Justice fOr civil and criminal litigation, and to cities, states, and the District of Columbia to carry out their tax laws. We may also disclose this information to other countries under a tax treaty, or to Federal and state agencies to enforce Federal nontax criminal laws and to combat terrorism. The authority to disclose information to combat terrorism expired on December 31, 2003. Legislation is pending that would reinstate this authority. You must provide your TIN whether or not you are required to file a tax return. Payers must generally. withhold 28.% of taxable 'nterest. dividend. and certain other payments to a payee who does not give a TIN to a payer. Certain penalties may also apply. / 2. 3. VENDOR REGISTRATION MONROE COUNTY SHERIFF1S OFFICE PURCHASING AND MATERIALS MANAGEMENT DIVISION PLEASE COMPLETE THE FOLLOWING (Type~or Print) 1. Remittance Address (for payment) Company Name: Street Address: City & State Zip Code P.O.Box# (If applicable) . City/State/Zip Contact Person Telephone Numbers: Main' FAX 800 Number Federal I.D.# Social Security# Type of Organization (Check all that apply) Dealer Manufacturer Retailer Incorporated Individual Partnership 4. Invoice Terms/Discount: 5. Business Hours: 6. Location for Returning Material (Include addresses): For Replacement: For Repair: For Credit: 7. Licenses and Certifications: City of Key West Occupational Lic.#: Expiration Date:___ Monroe County Occupational Lic.#: Expiration Date:___ Additional Licenses/Certifications: Type: Lic.#: Issuer: Expiration Date:___ 8. Principle Line of Business: 9. Three Commercial References (Ipclude Name, Address, Phone) 1. 2. 3. 10. Company Officials: Name: ,::,'-~~ :-,:; .:,", ^ ~_ i i . " . .PosIt.ion/Tit.le . Nattie:' Name: Position/Title AUTHORIZED SIGNATURE REQUIRED (COMPANY OFFICER OR PRINCIPAL) : Signature: Title: Date: RETURN TO: MONROE COUNTY SHERIFF'S OFFICE ATTN: JOHN FOWLEY .5S25..COLLEGER.qAD . KEY WEST, FLORIDA 33040 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: June 20, 2007 Division: Community Services Division Bulk Item: Yes No~ Department: Community Services Division Staff Contact PersonlPhone #: Sandy Molina X 4500 AGENDA ITEM WORDING: Approval of Addendum to Contract between Monroe County Board of County Commissioners and Stand Up for Animals, Inc. (SUP A) allowing a CPI increase and approval of an increase in the amount by an additional $535.52 montWy (2.5% CPI). ITEM BACKGROUND: This office has received a request for 2.5% CPI increase to the current contract for Big Pine KeylMarathon Animal Control Shelter (Stand Up for Animals - SUP A). The total amount that would be charged, after the 2.5% CPI increase would be $21,956.38 per month. PREVIOUS RELEVANT BOCC ACTION: 5/18/05 - Approval of Contract; 6/15/05 - Approval to change to a three-year contract; 9120106 - Approval of Addendum for CPI increase retroactive to July 1, 2006 ending June 30,2007. CONTRACTIAGREEMENTCHANGES: NIA STAFF RECOMMENDATIONS: Approval. TOTAL COST: $21,956.38 per month BUDGETED: Yes XX No COST TO COUNTY: $21,956.38 per month SOURCE OF FUNDS: 001-21000 REVENUE PRODUCING: Y esN/ A No ~AMOUNT PER MONTH_ Year APPROVED BY: County Atty XX OMBlPurchasing XX Risk Management _xx_ DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM # Revised 8/06 ADDENDUM THIS ADDENDUM is entered into this 16th day of May, 2007, between the Monroe County Board of County Commissioners (COUNTY) and Stand Up for Animals, Inc. (SUF A), (CONTRACTOR). WHEREAS, on May 18, 2005, the parties entered into a one-year agreement for animal control and shelter services; and WHEREAS, on June 15,2005, the Contractor requested, and the BOCC has approved, a change to a three- year contract to provide greater long-range planning since the County is the Contractor's only client WHEREAS, Contractor has requested a CPI increase of 2.5% effective July 1, 2007 through June 30, 2008; now therefore IN CONSIDERATION of the mutual promises contained herein, the parties hereby agree as follows: 1. Section II of the Agreement dated May 18,2005, shall be amended by adding the following sentence: The contract amount agreed to herein may be adjusted annually in accordance with the percentage change in the Consumer PricelIndex (CPI) for all urban consumers (CPI-U) for the most recent 12 months available. 2. The remaining tenus of the Agreement entered May 18,2005, not inconsistent herewith, shall remain in full force and effect. IN WITNESS WHEREOF, the parties have caused these presents to be executed in their respective names. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA Attest: DANNY L KOLHAGE, CLERK By: By: Mayor, Mario Di Gennaro Deputy Clerk Attest: By: MONROE COUNTY ATTORNEY A~~ "....?-so E A. TO N COUNTY ATTORNtY7 Date ' y () C; / 0 _ I STAND UP FOR ANIMALS, INC. ...../ - By:~Cv' ~z<<.."JcJl /l'.()' President / Secretary OR WITNESSES: CONTRACT (Operation of Big Pine and Marathon Animal Shelters) THIS CONTRACT. is entered this l.8!b day of ~ 2005. by and between the Board of County Commissioners of Monroe County~ Florida (COUNTY)~ and STAND UP FOR ANIMALS. INC., (CONTRACTOR). WHEREAS, County has certain responsibilities under State and County laws, to provide animal control services and enforcement of laws related to animals; and WHEREAS, it has been determined that it is in the best interest of the residents of and visitors to the County that a contract with a private provider of such services~ NOW THEREFORE IN CONSIDERATION OF the mutual promises contained herein, the parties agree as follows: I. TERM OF AGREEMENT: This agreement shall be for a twelve (12) month period beginning. July 1. 2005 and ending at 12:00 midnight on June 30. 2006. The term of this agreement shall be renewable in accordance with Section IV. II. PAYMENT: The total compensation to be paid to the Contractor in consideration of its services under this Agreement shall be $248,598.00 per annum. The County shall pay the Contractor on a per month in arrears basis in an amount equal to 1/12 of the total cost of the contract, or $ 20.716.50 per month. The Contractor shall provide a monthly invoice on the 1 st day of each month to the Division of Community Services, and payment shall be made on or about the 1 st day of the following month. In the event that funds are partially reduced or cannot be obtained or continued at a level sufficient to allow for the purchase of the services contemplated~ then the contract may be tenninated immediately at the option of the County upon written notice of termination being delivered in person or by mail to the Contractor. The County will not be obligated to pay for any services provided by the Contractor after the Contractor has received written notice of immediate tennination. III. SCOPE OF SERVICES: A. The Contractor shall provide all staffing, equipment, and supplies necessary to operate the Big Pine Key and Marathon Animal Shelters located at Industrial Drive, Big Pine Key. Florida, and 10550 Aviation Boulevard, Marathon, Florida, and provide complete animal control and enforcement services from Mile Marker 16.7. (the Harris Channel Bridge) through Mile Marker 69 (up to MM 70), including the Cities of Marathon, Key Colony Beach and Layton. 1. STAFF: The Contractor will fully staff, operate and perform all current functions of the Shelters, as further identified in the training manual to be prepared by Contractor; said training manual will be reviewed and approved by the Director of Community Services or his designee prior to implementation. 2. COMPLIANCE WITH LAW: The Contractor shall cooperate with the Monroe COlll1ty Health Department and follow all local and state laws, regulations and procedures, including but not limited to F.A.C. lOD-3.091, Procedures for Control of Specific Communicable Diseases and Chapter 64B 16- 29, Animal Control Shelter Permits. 3. CARE OF ANIMALS: (a) The Contractor will receive and properly confine all animals that are brought to the Shelters or which become the responsibility of the Shelters. All animals in the custody of the Contractor shall have a constant supply of fresh water and be fed a diet appropriate for their species, breed, age and physical condition. (b) The Contractor shall provide appropriate care for sick and injured animals in its custody and shall obtain the services of a veterinarian who is licensed by and in good standing with the Board of Veterinary Medical Examiners for the State of Florida for consultations and/or professional services. (c) The Contractor shall provide the personnel and materials necessary to humanely euthanize all animals designated for euthanasia by the supervisors or designees of the Shelters. The primary drug to be utilized for euthanasia shall be sodium pentobarbital, and the Contractor shall administer euthanasia to those animals designated for destruction in a humane manner and consistent with state and COlll1ty laws and regulations. The Contractor's personnel who perform euthanasia will have appropriate certificates attesting to the employee's authority to perform euthanasia, and copies of the certificates will be forwarded to the Director of Community Services or his designee. (d) The Contractor shall provide heartworm testing to all adoptable dogs, provide deworming to all adoptable animals, and shall have a program in place for flea and tick control. Contractor shall seek funding sources to enable provision of feline leukemia virus testing and, upon obtaining such funding, shall provide feline leukemia virus testing for all adoptable kittens and cats. 4. MAINTENANCE OF PREMISES: The Contractor shall maintain the Shelters, including kennel areas, cages and euthanasia room, and all equipment in a clean, safe, and sanitary manner. 5. ADOPTIONS: (a) The Contractor shall ensure that rabies inoculations will be given to all adopted and redeemed animals as required by law. (b) The Contractor will provide an adoption service through the Shelters for the purpose of securing suitable homes for adoptable animals. The Contractor shall follow appropriate criteria to insure that each companion animal is given a suitable home through basic screening procedures that evaluate both the animal to be released and the potential adopter in an effort to assure that the animals adopted are being placed in long-term homes. The screening procedures shall be reviewed periodically by the Director of Community Services or his designee as to form and practicality. All adoptable animals will be available for inspection by the public during normal working hours. The Contractor shall utilize the Adoption Agreement attached hereto as EXHIBIT "A," unless modified by written and signed directive from the Director of Community Services. ( c) The contractor shall enforce the proVISiOns of the contract, including, but not limited to, taking any action necessary to ensure that an adopted animal is spayed or neutered prior to releasing the animal or transferring ownership to its adopter. 6. ISSUANCE OF COUNTY LICENSES: The Contractor will issue license certificates for dogs as required by the Monroe County Code and collect the fees established by County Resolution therefor. The Contractor will be responsible for determining that all requirements have been satisfied by an applicant prior to issuing a license certificate and shall remit all fees therefor to the County. 7. POLICIES AND PROCEDURES MANUAL: The Contractor shall maintain a Policies and Procedures Manual for guidance of all staff. At a minimum, it shall set forth the following: 1. Goals and Objectives of the Organization. 2. Protocols for intake, care, adoption, return to owners, and other disposal of animals. 3. Protocols for responding to calls for animal control services, whether in the nature oflaw enforcement, pick-up of dead animals, or other. 4. Protocols for daily maintenance of premises and equipment, including vehicles. S. TrainingStaff a. prerequisites for certain positions b. keeping staff current 6. Training provided* shall include: a Shelter Policies & Procedures (required of all staff, including volunteers) b. Basic Pet Care c. Veterinary Health Care d. Animal Behavior e. Animal Handling f. Breed Identification & characteristics g. Obedience Training h. Behavior Problem Solving 1. Counseling Methods J. Conflict Management (required of all law enforcement personnel) k. Grief Counseling 1. Telephone Manners and Customer Service Skills *Items a & j must be at least in part provided in a classroom or seminar type setting, with live or video teaching. All other training may be self-study, although some in-person or video training is highly recommended. Training shall be provided appropriate to the position filled by the worker, whether that worker is an employee or a volunteer. 7. Adoption Guidelines, which shall absolutely require sterilization of all animals prior to release to adopter. Other guidelines shall address, at a minimum: a Consultation with the prospective adopter. b. Prospective adopter's commitment to be responsible for providing care, safe environment, veterinary bills for life of the animal. c. Animal's disposition and that of members (human and animal) of the household to enhance as well as possible the probability of successful placement. 8. HOURS OF OPERATIONS: At a minimum: the Big Pine Animal Shelter shall be open to the public from 10:00 a.m. to 2:00 p.m., Eastern Time, Tuesday through Saturday, and the Marathon Animal Shelter shall be open to public from 9:00 a.m. to 5:00 p.m., Eastern Time, Tuesday through Friday, and from 9:00 a.m. to 3 :00 p.m., Eastern time, on Saturdays and Sundays. Hours of operation may be adjusted only upon mutual written consent of the County and the Contractor. B. ENFORCEMENT SERVICES: The Contractor will provide complete animal control and enforcement services within the Service Area described above, including, but not limited to: 1. Training of Animal Control Officers: The Contractor shall provide that all animal control officers complete the mandatory certification program outlined by F .S. 828.27 (40 hours of training curriculum approved by the Florida Animal Control Association); said training shall be completed on a timely basis after a 90-day probationary period. The Contractor is to provide the Director of Community Services, or his designee, with copies of the Animal Control Officer Training Program Certificates. 2. Emergency services (24-hours per dayl7-days a week) for Priority One calls which are: a Injured animal; b. Bite cases; person bit by any warm-blooded creature; c. Animal bites to other animals; d. Wild animal in home; e. Dangerous dog investigations; f. Animal cruelty investigations; g. Law enforcement requests. 3. Patrolling service area on a regular and consistent basis; 4. Picking up dogs that are running at-large; 5. Picking up cats or raccoons captured in cat or raccoon traps; 6. Non-emergency animal pick up from residential homes during normal operating hours; 7. Picking up dead animals along County or City rights-of-way and arrange for proper disposal in accordance with all applicable laws, regulations and ordinances; 8. Disposing of any animals that are euthanized or that expire while in the care, custody, or control of the Contractor, in accordance with all applicable laws, regulations and ordinances. 9. Investigating all reports of violation of local and state ordinances and regulations relating to animal control and, when warranted by the facts, issue citations and/or prosecute all persons charged with violation of said ordinances and regulations, which includes representing Monroe County in court proceedings when required. Further, upon termination of this agreement, the Contractor shall complete all cases originated by Contractor including representing the County in court if necessary. 10. Complying with all applicable County ordinances and regulations as well as the laws of the State of Florida. C. FEES. The Contractor shall collect and remit to the County all funds that are collected for fees, license certificates, citations, penalties, adoptions, etc. In this regard, the Contractor shall issue receipts and keep appropriate records of all funds received and shall provide the Director of Community Services or his designee with copies of daily cash reconciliation fonns, daily bank deposit infonnation and original license certificates that are issue on a bi-weekly basis. All funds must be deposited into specific Monroe County bank accounts, and all requests for waiver of any fines or fees owed to the County must be submitted in writing on the County- approved affidavit form to the Director of Community Services or his designee, said affidavit fonn is attached hereto and marked Exhibit "D." The Contractor shall only charge fees as outlined in Monroe County Resolution No. 496-2000, as same may be amended from time to time; said Resolution is attached hereto and marked Exhibit "C." The Contractor shall not charge any other fees for services at the Shelters unless authorized by the County to do so. D. REPORTS. The Contractor shall provide the Director of Community Services or his designee with copies of all bite reports and citations that are issued on a bi- weekly basis. Contractor shall submit on a monthly basis to Director of Community Services the following reports: (1) Adoption Reports, by species & age (mature/immature), with separate accounting showing Pure breed; returns and reasons; adoption denials. (2) Complaint Reports, showing numbers for bites, nuisances, cruelty, other; also showing manner received (telephone call, letter, visit to office, encounter in course of duties); and the action taken for each. (3) Euthanasia, by species & age (mature/immature), and showing number which were feral, diseased or injured. (4) Number of animals taken in, by species & age (mature/immature) and showing numbers brought in, picked up & redeemed. (5) County Fees collected, designating the fees collected for each of the following: licenses, pick-up, intake, boarding, adoption, disposal & euthana.~ia. (6) Average number of days of boarding by species & age (mature/immature). (7) Total number of animals (by species) at the shelters at beginning of month and the total number of animals (by species) at the shelters at the end of the month. E. HURRICANE OR OTHER NATURAL DISASTER: In the event of a hurricane or other natural disaster, the Contractor shall make its best efforts to properly house and care for aU animals. In this regar~ the Contractor shall designate at least three (3) employees who will be able to remain in the County to care during the disaster for the animals which have not been evacuated and after the disaster for animals not evacuated and any animals which are at large. The Contractor will supply those employees' names, addresses and telephone numbers to the County Administrator who may, at his discretion, require the Contractor to have the listed employees remain in the County during and after a Category 1,2 or 3 Hurricane or natural disaster. F. PETS IN SHELTERS: Contractor shall provide the services designated for the Animal ControVShelter Contractor in the Pet Friendly Special Needs Clients Sheltering Plan to provide evacuation of pets of Special Needs Clients and assistance with care of said pets. No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce 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 the Agreement. IV. RENEWAL: The County shall have the option to renew this agreement after the first year, for two (2) additional one-year periods. The contract amount agreed to herein may be adjusted annually in accordance with the percentage change in the Consumer Price Index (CPI) for all urban consumers (CPI-V) for the most recent 12 months available. V. CONTRACTOR'S LICENSE: The Contractor shall secure, maintain and pay all applicable fees for any permits and licenses necessary to operate the Shelters. By signature hereon, the Contractor warrants that it is authorized by law to engage in the performance of the activities herein described, subject to the terms and conditions set forth in these contract documents. Proof of such licenses and approvals shall be submitted to the County upon request. The Contractor has, and shall maintain throughout the term of this contract, appropriate licenses and approvals required to conduct its business, and that it will at all times conduct its business activities in a reputable manner. VI. INDEPENDENT CONTRACTOR: At all times and for all purposes, the Contractor, its agents and employees are strictly considered to be independent contractors in their perfonnance of the work contemplated hereunder. As such, the Contractor, its agents and employees shall not be entitled to any of the benefits, rights or privileges of County employees. The provider shall at all times exercise independent, professional judgment and shall assume professional responsibility for the services to be provided. VII. STAFFING: Since this contract is a service agreemen~ staffing is of paramount importance. Contractor shall provide services using the following standards, as a minimum requirement: A. The Contractor shall provide at its own expense all necessary personnel to provide the services under this contract. The personnel shall not be employees of or have any contractual relationship with the County. B. All personnel engaged in performing services under this contract shall be fully qualified, and, if required, to be authorized or pennitted under State and local law to perfonn such services. VIII. UTILITIES: The Contractor shall be responsible for payment of all utility charges for the Shelters. All utility accounts will be held in the Contractor's name. IX. VEHICLES: The County hereby leases to the Contractor two (2) County vehicles currently assigned to the Shelters identified as follows: 1. 1995 Ford F150 Pick Up Truck (Unit 0910/061); 2. 2004 Ford F150 Heritage Truck (Unit 0910/082); The Contractor shall be responsible for payment of all fuel, oil, and other supplies necessary to operate the vehicles. In addition, the Contractor shall be responsible for repairs to said vehicles and shall maintain them in accordance with the maintenance schedule attached hereto as Exhibit "D." The Contractor shall provide an average of four (4) oil changes annually for each vehicle, and shall schedule vehicle inspections with Monroe County Fleet Management no less than three times annually for each vehicle. The Contractor may choose the option of paying Fleet Management for oil changes and preventative maintenance, at Fleet's current annual rates, or utilize private garages and provide receipts to the Director of Community Services or his designee to document and verify that the required maintenance has been perfonned. Nothing herein shall prevent the County from inspecting the vehicles at any reasonable time. X. HOLD HARMLESSfINSURANCE REQUIREMENTS: The Contractor covenants and agrees to indemnify and hold harmless Monroe County Board of County Commissioners and the County Court of Monroe County from any and all claims for bodily injury (including death), personal injury, and property damage (including property owned by Monroe County) and any other losses, damages, and expenses (including attorney's fees) which arise out of, in connection with, or by reason of services provided by the Contractor or any of its Subcontractor(s) in any tier, occasioned by the negligence~ errors, or other wrongful act of omission of the Contractor or its Subcontractors in any tier, their employees, or agents. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained within this agreement. Prior to commencing services under this agreement, the contractor shall furnish the Owner Certificates of Insurance as indicated on forms entitled General Insurance Requirements for Animal Control Contracts, Animal E&O, ED2, GLAnimals, VLl, WC 1, All Risk Property Insurance and TCS, as attached hereto and incorporated as in EXHIBIT "E." XI. DONATIONS: The Contractor shall issue receipts and keep appropriate records of all donations received at the Shelters by Contractor. Said donations shall be used by Contractor only for the benefit of shelter animals or animals for which Contractor provides spay/neuter or other services, and shall not be used to defray or reduce County funding in the future. In the case of donations solicited by third parties on behalf of the Contractor, the donating entity must make its financial records pertaining to the donated funds available to representatives of the Contractor and the County during regular business hours (Monday through Friday, 9:00 a.m. to 5:00 p.m., excluding holidays) in order to insure that all monies collected on behalf of the Contractor, minus an amount not to exceed 5% of the total collected for administrative expenses, are in fact donated to the Contractor for the benefit of shelter animals. If a prospective donating entity is unwilling or unable to comply with the foregoing requirement, then the Contractor may not accept any donations from that entity. XII. FACILITIES AND EQUIPMENT: The Contractor hereby accepts the Shelter facilities and equipment in "as is" condition, and the Contractor shall allow the County to inspect said facilities and equipment at any reasonable time. In addition, all operating supplies and any additional equipment such as catch-all sticks, cages and the like shall be the responsibility of the Contractor. XIII. INVENTORY: Prior to commencement of the service contemplated herein, the County shall perform an inventory of all supplies, materials, medicines and equipment at each Shelter and the inventory lists prepared therefrom shall be signed by both parties hereto. XIV. CONTRACTOR'S ASSUMPTION OF PREMISES AND CONDITIONS: The Contractor hereby agrees that he has carefully examined the premises provided by the County and the district for which he shall provide services and has made investigations to fully satisfy himself that such site(s) is (are) correct and suitable for this work and he assumes full responsibility therefor. 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, XV. MAINTENANCE: The Contractor shall maintain and be responsible for the costs of repairs to the Shelter buildings, grounds, and equipment in order to keep same in proper working condition. Prior to commencement of repairs, the County must be notified, in writing, of repairs estimated to cost over $1,000.00. If such repairs are approved by the County, the Contractor shall pay the first $1,000.00 of cost regardless of the total cost of said repairs. XVI. IMPROVEMENTS OR MODIFICATIONS TO FACILITIES: No improvements or modifications may be made to the Shelters, appurtenances, or surrounding properties without the prior written approval of the County. XVII. FUNDRAISING: The Contractor may use the Shelters for fundmising or for selling merchandise after its items have been reviewed and approved by the Director of Community Services or his designee. Requests for events shall be requested by the Contractor in writing and approved by the County Administrator in writing. Funds raised by the Contractor from fundmising or events at the Shelters shall only be used to benefit the shelter animals or animals for which Contractor provides spay/neuter or other services, and shall not be used to defray or reduce County funding in the future. XVIII. NON-DISCRIMINATION: County and Contractor agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. County or Contractor agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis 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 1912,88. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patent records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 120 1 Note), as maybe amended from time to time, relating to nondiscrimination on the basis of disability; 10) Monroe County Code Ch. 13, Art. VI, prohibiting discrimination on the bases of race, color, sex, religion, disability, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; and 11) any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. XIX. INSPECTION OF BOOKS AND F ACILmES/AUDIT/ACCOUNTING: The Contractor shall maintain the financial records in accordance with generally accepted accounting principles, and allow the County to inspect its books and records and the shelter facilities at any reasonable time. In addition, the Contractor shall, at its expense, provide the County with an annual audit prepared by an independent Certified Public Accountant. Contractor shall retain all records pertaining to this agreement for a period of three years after tenn expires. XX. PUBLIC RECORDS: The Contractor shall comply with the Public Records laws of the State of Florida, subject to any provisions providing exemption from disclosure. XXI. MEDICAL RESEARCH: In no event shall any animals under the care, custody, or control of the Contractor be given, bartered or sold to any medical research company. XXII. CATIRACCOONTRAPS: The County hereby leases its catlraccoon traps to the Contractor for the Contractor to rent to the public upon payment of a deposit fee. All deposit fees collected by Contractor shall be returned to the renter upon return of the trap or, if the trap is not returned to Contractor, the deposit fee will be retained by the Contractor in order to purchase replacement traps. At the end of this agreement, the Contractor will return the same number of cat/raccoon traps to the County as the County had provided at the beginning of this agreement. Nothing herein shall preclude Contractor from purchasing and renting its own cat and raccoon traps. XXIII. BREACH OF TERMS BY CONTRACTOR: The passing, approval, and/or acceptance by the Owner of any defect in the services furnished by the Contractor, shall not operate as a waiver by the County of strict compliance with the terms of this Contract, and specifications covering the services. County may immediately terminate the Agreement due to any violations by Contractor of criminal statutes governing humane and cruel treatment of animals. Any other Contractor breach of this agreement shall be governed by the article above on tennination for cause. The Contractor agrees that the County Administrator may designate representatives to visit the facility(ies) periodically to inspect Contractor's maintenance of the premises, and care provided to animals. The Contractor agrees that the County Administrator may designate representatives to visit the facility(ies) periodically to conduct random open file evaluations during the Contractor's nonnal business hours. XXIV. TERMINATION WITHOUT CAUSE: The County may terminate this agreement without cause by providing the Contractor with written notice oftennination at least sixty (60) days prior to the date of termination. XXV. TERMINATION WITH CAUSE: The County may terminate this agreement for cause if the Contractor shall default in the perfonnance of any of its obligations under this agreement. Default shall include the occurrence of anyone of the following events and same is not corrected to the satisfaction of the County within fifteen (15) days after the County provides the Contractor with written notice of said default: a. Failure to provide food or water for animals in the custody of Contractor. b. Failure to procure appropriate veterinary care for any sick or injured animal in the custody of the Contractor. c. Failure to administer euthanasia in a humane manner. d. Failure to maintain the Shelters in a clean, safe and sanitary manner. e. Breach of any other term, condition or requirement of this agreement. XXVI. ASSIGNMENT: The Contractor shall not assign or subcontract its obligations under this agreement, except in writing and with the prior written approval of the Board of County Commissioners of Monroe County and Contractor, which approval shall be subject to such conditions and provisions as the Board may deem necessary. This paragraph shall be incorporated by reference into any assignment or subcontract and any assignee or subcontractor shall comply with all of the provisions of this agreement. Unless expressly provided for therein, such approval shall in no manner or event be deemed to impose any additional obligation upon the board. XXVII. COMPLIANCE WITH LAW: In providing all services/goods pursuant to this agreemen~ the Contractor shall abide by all statutes, ordinances, rules and regulations pertaining to, or regulating the provisions of, such services, including those now in effect and hereinafter adopted. Any violation of said statutes, ordinances, rules and regulations shall constitute a material breach of this agreement and shall entitle the Board to terminate this contract immediately upon delivery of written notice of tennination to the contractor. The contractor shall possess proper licenses to perform work in accordance with these specifications throughout the tenn of this contract. XXVIII. DISCLOSURE AND CONFLICT OF INTEREST: A. The Contractor represents that it, its directors, principles and employees, presently have no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required by this contract, as provided in Sect. 112.311, et. seq., Florida Statutes. B. Upon execution of this contract, and thereafter as changes may require, the Contractor shall notify the County of any financial interest it may have in any and all contracts with Monroe County. XXIX. FINANCIAL RESPONSffiILITY: The Contractor shall not pledge the County's credit or make it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien, or any fonn of indebtedness. The Contractor further warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of this contract. XXX. NOTICE REQUIREMENT: Any notice required or permitted under this agreement shall be in writing and hand delivered or mailed, postage prepaid, to the other party by certified mail, returned receipt requested, to the following: FOR COUNTY: Monroe County Administrator 1100 Simonton Street Key West, FL 33040 and County Attorney PO Box 1026 Key West, FL 33041-1026 and James E. Malloch, Director Monroe County Community Services Division 1100 Simonton Street, Rm. 2-256 Key West, FL 33040 FOR CONTRACTOR: Linda Gottwal~ Director Stand Up for Animals, Inc. 10550 Aviation Boulevard Marathon, FL 33050 XXXI. TAXES: The County is exempt from payment of Florida State Sales and Use taxes. The Contractor shall not be exempted by virtue of the County's exemption from paying sales tax to its suppliers for materials used to fulfill its obligations Wider this contract, nor is the Contractor authorized to use the County's Tax Exemption Number in securing such materials. The Contractor shall be responsible for any and all taxes, or payments of withholding, related to services rendered under this agreement. XXXII. GOVERNING LAWS: This Agreement is governed by the laws of the State of Florida Venue for any litigation arising under this Agreement must be in Monroe County, Florida. In the event of any litigation, the prevailing party is entitled to attorney's fees and costs. XXXIII. PUBLIC ENTITY CRIME STATEMENT: A person or affiliate who bas been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide goods or services to a public entity, may not submit a bid on a contract with a public entity for construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, F.S. for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. (CATEGORY TWO: $25,000.00). XXXIV. AUTHORIZED SIGNA TORY: The signatory for the Contractor, below. certifies and warrants that: (a) The Contractor's name in this agreement is its full name as designated in its corporate charter. (b) He or she is empowered to act and contract for Contractor. (c) This agreement has been approved by the Contractor's Board of Directors. Further, Contractor shall, upon execution of this agreemen~ provide proof of incorporation and a list of its Board of Directors. XXXV. ENTIRE AGREEMENT: This agreement constitutes the entire agreement between the County and the Con1ractor for the services contemplated herein. Any amendments or revisions to this agreement must be in writing and be executed in the same manner as this agreement. ~ss WHEREOF the parties hereto have executed this Agreement on the day ,/(!(~ '" t written above in four (4) counterparts, each of which shall, without proof or /~Z~~. ti the other counterparts, be deemed an original contract. IS! " .\'il> 1\ ({~{. !. r1 '*?"'\ '! \ L. KOLHAGE, CLERK \ .'~' ~~'""'~ "- ~-~:;?:. ..-~~~ \>::, '<;?~~c;~ "''Z'" ~-"'::;;::.- "~5';;-:':",~ (SEAL) Attest: By: WITNESS By: WITNESS MONROE COUNTY ATTORNEY VED AS T R BOARD OF COUNTY COMMISSIONERS OF MO~N~ <;O~Y. FL<}ID~ , . L.~AU /r/. ~ By: 7' Mayor/Chairman STAND UP FOR ANIMALS, INC. , By: .~ ~~v'.r~d Title: c.,~~ s-: cJ . I: A . , =>> U1 ro- e ,." a: 1..:J ro " ~ 0 :::0 o ~ Z :.~:;: :;u CO) ::';; Or--- ""x-< ("')0 r- 0("') . c::-=" ::z?O 0 " -l(")r- :31: ::;0 :<:-l :::: ", ..,,' J> N <.""') r-c;; <::) :>..., :::0 ~ ,::1 EXHIBIT" A" FORMS REQUIRED TO BE USED BY CONTRACTOR ADOPTION AGREEMENT (ORGANIZATION'S NAME) Monroe County, Florida This Agreement is entered into between (name of Adopter), the "Adopter," and (name of organization), the "Agency" this (IDOO day of (month) , 200_. In consideration of the mutual promises contained herein, the above stated parties hereby agree as follows: 1. Agency shall release to Adopter the animal described in Receipt No. 2. Agency has provided basic care to the animal, and has found it to be in apparent good health, but makes no guarantees as to any undetected medical disorders or defects in its disposition. Any medical treatment or procedures rendered to the animal preparatory to the adoption shall be listed on a receipt provided to Adoptee Adopter may return the animal within 10 days of adoption without further charge only if the animal is certified by a licensed veterinarian to suffer from a congenital disorder. Any return after that time or for other than a congenital disorder will be subject to the Agency's Intake Fee. In recognition that Agency is a not-for-profit organization providing shelter care for the County shelter, none of the adoption or other related preparatory fees are refundable. 3. In consideration of the privilege of adoption, Adopter hereby waives any and all claims for damages against Agency and Monroe County, their officers, employees, agents and representatives which may result from this adoption, including, but not limited to, any veterinary costs or expenses incurred for the animal, damages or injury to property or person. 4. Animal has been neutered or spayed. Adopter agrees that spaying/neutering is a condition of the adoption and this contract provision may be enforced in Court. In the event that the animal is discovered to have not been neutered or spayed for any reason prior to release to Adopter, Agency shall, by written notice delivered in person or by registered mail, return receipt, require Adopter, within ninety (90) days of said notice, to provide to Agency a licensed Veterinarian's certified statement that the animal has been neutered/spayed or shall return the animal to the Agency for such procedure. Should Agency action become necessary to enforce this provision, Adopter agrees to pay all costs, including court costs and attorney's fees of the Agency. Should a Court adjudicate this issue, the parties agree that in addition to payment by Adopter of all costs, the Agency shall be entitled to injunctive relief requiring the spaylneuter surgical procedure. S. Adopter agrees to provide humane care for the animal in accordance with all laws and ordinances in force in Monroe County. Adopter will not sell, trade, give away, or otherwise dispose of said animal without first giving Agency the rightto take possession and ownership of the animal, subject only to the Agency's Intake fee as set by Monroe County Resolution. SO AGREED the date first written above. (Signature of Adopter) (Signature of Agency Representative) EXHmlT "B" AFFIDA VIT OF INABILITY TO PAY ANIMAL CONTROL CHARGES I, , (name) who being first duly sworn, in support of my request to have certain Monroe County Animal Control charges waived, do certify that: 1. I am the owner of (name(s) of animal(s) who are, respectively, , and ( specify species) who havelhas been picked up, housed or cared for by Monroe County Animal Control. 2. For the period of to , $ ( date of 1 st charge) (date of last charge) has been incurred as a result of the animal control services stated in paragraph number one. 3. That I am unable to pay (check one) 1) the charges ( or) 2) any more than $ without substantial hardship to myself or my family due to the following circumstances: (check all that apply) (A) My household gross monthly income from all sources is less than: (1) $1,200 if only one person in household, or (2) $1,500 if more than one person in household. (B) I do not have cash (including checking and savings account) in excess of $500.00. (C) I owe debts due to illness or misfortunes of my family. If this item is checked, briefly describe in the space provided below: (D) I do not own real or personal property which are not used by me for shelter and the necessities of life. If this item is checked, briefly list and describe all real property and automobiles owned by affiant: 4. If any statement herein is determined to be untrue, I agree to pay such charges as have been waived as a result of this affidavit. (signature) SWORN TO AND SUBSCRIBED before me this _ day of , 200_, by , who is personally known to me _ or who produced ,as identification. Notary Public - State of Florida at large Concur Animal Control Director Concur County Administrator )Jic Works Division RESOLUTION NO.'196 -2000 A RESOLUTION OF. THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA. AMENDING RESOLUTION NO. 136-2000 CONCERNJNG FEES FOR ANIMAL CONTROL SERVICES; IN ORDER TO INCREASE THE COUNTY LICENSE FEE FOR UNSPAYEDIUNNEUTERED ANIMALS FROM $20.00 TO $35.00 BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, as follows: Resolution No, 136-2000 is hereby amendc.d to read 'as follows: SERVICE FEE Pickup: . 1sltime 2M lime 3R1 time and more within 12 months $ 25 $ 50 $100 The pickUp fees set forth above shall be doubled jf the animal picked up was not vaccinated for rabies. Board (per night) $ 10 Adoption Disposal County License: .$ 10 $ 10 :J:: o ,0 :::c: >- =C?z Or-== rq~-< g::,: cEO ;x: ~'o .:<?.;; "1'/' ;::.. r. C"~ . f..- ill spayed/neutered unspayed/unoeutered replacement - .$ 10 $ 35 $ 2 .' Dimgerous Dog Certificate of,Registration .First Year Annual renewal $100 $ 50 o ." 5;'. ; F;; z' CJ 11. ..,' co 0 ;:0 ~. ;:0 _'. /Tl .ro.:, Cj ..-.t 0 Gio:J'I ::0 -.J' CJ " . PASSED AND ADOPTED by the Board of County Commissioners of Monioe County, Florida, at a regular meeting of the Board held on the 13 thday .0:. Decemb el." .' ,2000.. . Mayor George Neugent. . . Mayor Pro Tern Nora Williams'. , '.' , Commissioner chanes'lIsonny". McCoy" . " . . Commissioner Murray Nelson : > \ . Commissioner Dixie Spehar :. . '.).~~.. .' '. ,,\ ", ~ -"llL ....ElL- ~. -+es- ~ -.. , .1'-:0 ;. :. . BOARD OF COUNTY COMM1SSJONERS /. L KOCH E, CLERK . ... . / OF MO~~OE COUNTY, flORIDA, ~ (Jd~ '.. :..~~, . [K: ~'-<- A~r:J D . uly Clerk . ~YOr/Chairman ~ esAC!ccs.doc APPROVED AS TO FO ~F1Rj<l 1 y' . B R BERT N. WE DATI: 1'1'-?B:"' -,0';:;' EXHmIT "C" . Ill. . I' ~, . .,.: , ,'j I'i ! i i i :: '!'Ii.!:, IX~XI ,xixl'x; ;><; ~I . ! I I I f ; I I I., .:.. : .J"I ..! ,":' I" . . i " 1 I I ' II! ; :10: .' . I. I I f i : ~"..:: . i I ~ I : ~ I , : I ..' ,., , . I ! ~ ~;x: ;x. x: : J ; ! ! ! I i ~i . ;. ! . . . . . . "!. " ; '_1' .:,' j,c : ~'x:x'x'x'x:x'x: I ~x:x! ! .'. 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I E: ~ ~ ~l w :c (Il -; 0:: In q ;0 \!! to- N N EXHIBIT "D" 51 EXHIBIT "E" POLICY AND PROCEDURES CONTRACT ADMINISTRA nON MANUAL General Insurance Requirements for Animal Control Contracts As a pre-requisite of the work governed, or the goods supplied under this contract (incll!ding the pre- staging of personnel and material), the Contractor shall obtain, at his/her own expense, msu~ance 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 ofInsurance Requirements" and approved by Monroe County Risk Management. ANIMAL CONTROL ERRORS AND OMISSIONS LIABILITY INSURANCE REQUIREMENTS FOR AN~LCONTROLCONTRACT BETWEEN MONROE COUNTY, FLORIDA AND Prior to the commencement of work governed by this contract, the Contractor shall obtain Animal Control Errors and Omissions Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum: · False Arrest, Detention or Imprisonment · Malicious Prosecution · Wrongful Entry and Eviction · Assault and Battery . First Aid E&O · False or Improper Service of Process · Violation of Property Rights · Violation of Civil Rights The minimum limits acceptable shall be: $1,000,000 Combined Single Limits (CSL) 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 termination of the contract. The policy shall not exclude claims or have coverage limitations relating to occurrences caused by or related to animals. The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. AN~L E&O EMPLOYEE DISHONESTY INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN MONROE COUNTY, FLORIDA AND The Contractor shall purchase and maintain, throughout the term ofthe 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: $100,000 per Occurrence ED2 GENERAL LIABll..ITY INSURANCE REQUIREMENTS FOR AN~LCONTROLCONTRACT BETWEEN MONROE COUNTY, FLORIDA AND Prior to the commencement of work governed by this contract, the Contractor shall obtain General Li.a~ility Insurance. Coverage shall be maintained throughout the life of the contract and include, as a mlmmum: . 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 termination of the contract. The policy shall not exclude claims or have coverage limitations relating to occurrences caused by or related to animals. The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. GLAnimals VEHICLE LIABILITY INSURANCE REQUIREMENTS FOR AN~LCONTROLCONTRACT BETWEEN MONROE COUNTY, FLORIDA AND Prior to the Organization taking possession of the vehicles governed' by this agreement, the Organization shall purchase Vehicle Liability Insurance and Auto Physical Damage Insurance. Coverage shall be maintained throughout the life of the Agreement and include, as a minimum, liability coverage for: . Owned, Non-Owned, and Hired Vehicles . Physical Damage Protection The minimum limits acceptable shall be: $1,000,000 Combined Single Limit (CSL) ACV for Physical Damage The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. In addition, the Monroe County Board of County Commissioners shall be named as "Loss Payee" with respect to the physical damage protection. VLl WORKERS' COMPENSATION INSURANCE REQUIREMENTS FOR ANIMAL CONTROL CONTRACT BETWEEN MONROE COUNTY, FLORIDA AND Prior to the commencement of work governed by this contract, the Contractor shall obtain Workers' Compensation Insurance with 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 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, 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 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 ofInsurance, providing details on the Contractor's Excess Insurance Program. If the Contractor participates in a self-insurance fund, a Certificate ofInsurance will be required. In addition, the Contractor may be required to submit updated financial statements from the fund upon request from the County. WCl ALL RISK PROPERTY INSURANCE REQUIREMENTS FOR ANIMAL CONTROL SHELTERS/ COUNTY-OWNED PROPERTY BETWEEN MONROE COUNTY, FLORIDA AND Prior to the Organization/Individual taking possession of the property governed by this lease/rental agreement, the Organization/Individual shall obtain All Risk Property Insurance (to include the perils of Flood and Wind) with limits no less than the Replacement Cost Value of the property leased or rented. Coverage shall be maintained throughout the life of the Lease/Rental Agreement and include, as a minimum, liability coverage for: Fire Sprinkler Leakage Windstorm Civil Commotion Lightning Sinkhole Collapse Smoke Aircraft and Vehicle Damage Vandalism Falling Objects Explosion Flood The Monroe County Board of County Commissioners shall be named as Additional Insured and Loss Payee on all policies issued to satisfy the above requirements. MONROE COUNTY, FLORIDA RISK MANAGEMENT POLICY AND PROCEDURES CONTRACT ADMINISTRA nON MANUAL Indemnification and Hold Harmless for Animal Control Contracts 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 or 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 extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. TCS MONROE COUNTY, FLORIDA RISK MANAGEMENT POLICY AND PROCEDURES CONTRACTADMnUSTRATION MANUAL WAIVER OF INSURANCE REQUIREMENTS There will be times when it will be necessary, or in the best interest of the County, to deviate from the standard insurance requirements specified within this manual. Recognizing this potential, and acting on the advice of the County Attorney, the Board of County Commissioners has granted authorization to Risk Management to waive and modify various insurance provisions. Specifically excluded from this authorization is the right to waive: . The County as being named as an Additional Insured - If a letter from the Insurance Company (not the Agent) is presented, stating that they are unable or unwilling to name the County as an Additional Insured, Risk Management has been granted the authority to waive this provision. and . The Indemnification and Hold Harmless provisions Waiving of insurance provisions could expose the County to economic loss. For this reason, every attempt should be made to obtain the standard insurance requirements. If a waiver or a modification is desired, a Request for Waiver of Insurance Requirements form should be completed and submitted for consideration with the proposal. After consideration by Risk Management and if approved, the form will be returned, to the County Attorney who will submit the Waiver with the other contract documents for execution by the Clerk of the Courts. Should Risk Management deny the Waiver Request, the other party may file an appeal with the County Administrator or the Board of County Commissioners, who retains the final decision making authority. MONROE COUNTY, FLORIDA Request For Waiver of Insurance Requirements It is requested that the insurance requirements, as specified in the County's Schedule of Insurance Requirements, be waived or modified on the following contract. Contractor: Contract for: Address of Contractor: Phone: Scope of Work: Reason for Waiver: Policies Waiver will apply to: Signature of Contractor: Approved Not Approved Risk Management Date County Administrator appeal: Approved: Not Approved: Date: Board of County Commissioners appeal: Approved: Not Approved: Meeting Date: BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: 6/20107 Division: Community Services Bulk Item: Yes ~ No Department: Social Services Staff Contact Person/Phone #: Deb Barsell,x 4500 AGENDA ITEM WORDING: Approval of increase in current full-pay rental rate for residents of Bayshore Manor from $3,082 to $3,329 per month. ITEM BACKGROUND: The full-pay rental rate for Bayshore Manor residents is reassessed each year to determine the need for an increase in the monthly charge. This analysis now occurs in May to effect a needed rate change in August of each year (see attached policy, Financial Eligibility for Rent Subsidy, procedure #6 approved by the BaCC on 6121/06). Any recommended rate increase above 5% must be approved by the BaCC. The recommended increase of 8% takes into consideration higher costs of operations relative to CPI as well as the COLA and merit salary increases provided to Bayshore employees in FY 07. PREVIOUS RELEVANT BOCC ACTION: BaCC approval of Financial Eligibility for Rent Subsidy policy and procedures and an 8% monthly rate increase on 6/21/06. CONTRACT/AGREEMENT CHANGES: NA STAFF RECOMMENDATIONS: Approval TOTAL COST: NA BUDGETED: Yes No COST TO COUNTY: NA SOURCE OF FUNDS: NA REVENUE PRODUCING: Yes No.-.X AMOUNT PER MONTH_ Year APPROVED BY: County Atty NA OMB/Purchasing NA Risk Management NA DOCUMENT A TION: Incl uded X Not Required_ DISPOSITION: AGENDA ITEM # Revised 11/06 BAYSHORE MANOR FINANCIAL ELIGIBILITY FOR RENT SUBSIDY POLICY: It is the policy of Bayshore Manor to determine financial eligibility for rent subsidy only for an individual who has been found appropriate for ALF services through an assessment of strengths, needs, preferences, and health status; and to use the Department of Children and Families (DCF) Guidelines for the Florida Medicaid Institutional Care Program as a tool for establishing eligibility criteria. PURPOSE: To ensure that ALF services are available to eligible seniors residing in Monroe County regardless of financial circumstances. PROCEDURES: 1. Once an individual (or individuals in a couple) is assessed and found eligible for residence based on strengths, needs, preferences, and health status, the Bayshore Manor Senior Administrator or her/his designee will refer the individual to the Department of Social Services (DSS), Welfare Program. 2. Welfare Program Senior Administrator or her/his designee will assign a social worker to complete a review of the applicant individual's personal finances; full financial disclosure is required by the applicant. 3. Assets, income, and resources will be evaluated and documented by the social worker to determine applicant eligibility for County subsidized ALF services as follows: a. Asset Limit for an individual is $2,000.00 and for a couple is $3,000.00. b. Transfers of Income and Resources may affect eligibility if they are made within 36 months of the application for rent subsidy and 60 months if used to establish a trust. o A person may be ineligible for a period of time if income or resources are transferred for less than fair market value in order to become eligible for a rent subsidy. o The period of ineligibility will vary depending on the value of the transferred income or resources. o Anyone determined ineligible due solely to transferred income or resources cannot qualify for County assistance. c. Allowable Transfers by an applicant individual are listed below: o Any resource to a spouse or disabled adult child. o The homestead, without penalty, to one of the following relatives: 1. Her/his spouse 2. Her/his minor child (under 21 years) or a blind or disabled adult child 3. Her/his sibling who has equity interest in the home and resided there at least 1 year prior to the applicant's admission to the ALF. 1 Revised 5/31/2007; saee approval 6/21/06 4. Her/his son or daughter who resided in the home for at least 2 years immediately before admission and who provided care that delayed the applicant's admission to the ALF. d. Resources that will be reviewed and that count toward financial eligibility for subsidy are listed below: (this list is not exhaustive) o Real property other than homestead. o Bank accounts, Certificates of Deposit (CDs), money market funds. o Stocks/bonds. o Trusts. o Life Insurance cash value if the face value of the policies owned on any insured individual totals more than $2,500.00 ($1,500.00 for SSI recipients). e. Resources that will be reviewed but do not count toward financial eligibility for subsidy are listed below (exclusions): (this list is not exhaustive) o Homestead, if the individual or a dependent lives there, or if the individual is absent but intends to return. o Vehicle (one is excluded). o Burial funds up to $2,500 (or $1,500.00 for SSI recipients). o Irrevocable pre-paid burial contracts. o Life insurance, if the total face value of all policies owned by the individual for anyone insured does not exceed $2,500.00 (exclusions is $1,500.00 for SSI recipients). 4. Documentation of financial assets, income, and resources will be obtained and analyzed by a social worker with a determination of subsidy eligibility determination. a. Documentation and subsidy determination will be recorded by the social worker and provided to Bayshore Manor Senior Administrator or her/his designee. b. Documentation and subsidy determination will be maintained at Bayshore Manor in the resident record. 5. Monthly rent for Bayshore Manor is paid by the resident at the beginning of each month (no later than the 3rd day of each calendar month). 6. Monthly rent is paid by the resident at either the subsidized or full-pay rate. a. Full-pay rate is established by the Monroe County Board of County Commissioners (BOCC); the current full-pay rate in $2,846 per month. o An increase in the full-pay rate is made in August of each year; the monthly rate is correlated to overall facility operational costs o Full-pay residents will receive written notification at least 30 days in advance of the rate change. o The Bayshore Manor Senior Administrator analyzes costs and recommends to the Community Services Division Director a full-pay rate each May. o A recommended rate increase of 5% or less can be approved by the County Administrator. o A recommended rate increase of over 5% must be submitted to the BOCC for approval no later than regular June meeting of the BOCC. 2 Revised 5/31/2007; soee approval 6/21/06 b. A resident eligible for the County rent subsidy will pay her/his entire monthly gross income up to the full-pay rate minus a personal care allowance that is established in accordance with State guidance. o Gross monthly income includes Social Security, Supplemental Security Income, pensions, interest, income from mortgages, contribution/gifts, Veterans Administration (VA), and other income. o Effective 7/1/06, the personal care/use allowance is $35 per month; the personal care/use allowance can be adjusted by the County Administrator or the Deputy County Administrator at any time to follow State guidance. 1. Personal care/use allowance will be skipped or reduced any month when full payment would result in the resident having more than $100 in herlhis possession and as otherwise outlined in the resident agreement. 7. The County/Bayshore Manor is not responsible for the payment of any healthcare (primary, behavioral, dental, or other collateral) provider services and/or any diagnostic or therapeutic services and supplies incurred by resident. 8. The County/Bayshore Manor is not responsible for the payment of a resident's over- the-counter or prescription medications nor non-prescription medical and personal hygiene supplies. 3 Revised 5/31/2007; soee approval 6/21/06 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: 6-20-2007 Division: Community Services Bulk Item: Yes l No Department: In-Home Services Staff Contact Person: Deloris Simpson AGENDA ITEM WORDING: Approval of Contract #KG060 - Community Care for Disabled Adults (CCDA) Contract between the State of Florida, Department of Children & families and the Monroe County Board of County CommissionerslMonroe County In-Home Services. This contract is for Fiscal Year July 1, 2007 through June 30, 2008. ITEM BACKGROUND: The approval of this contract will enable Monroe County In-Home Services to continue providing services to Monroe County's disabled adult's ages 18 to 59 under the Community Care for Disabled Adults (CCDA) program. PREVIOUS RELEVANT BOCC ACTION: Prior approval granted to amendment #0001 to CCDA Contract #KG058 on November 15, 2006 CONTRACT/AGREEMENT CHANGES: None STAFF RECOMMENDATIONS: Approval TOTAL COST: $8 L 730.09 BUDGETED: Yes -X-No COST TO COUNTY: $9,081.00 (Required Match) SOURCE OF FUNDS: Ad Valorem Taxes $19.615.22 (Additional Match) Total Match $28,696.22 REVENUE PRODUCING: Yes No X AMOUNTPERMONTH_ Year ~L-~ APPROVED BY: County Atty + OMB/Purchasing --X-Risk Management _X_ DOCUMENTATION: Included X Not Required_ DISPOSITION: AGENDA ITEM # Revised 8/06 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: State of Florida/Department of Children & Families Contract: #KG060 Effective Date: July I, 2007 Expiration Date: June 30, 2008 Contract Purpose/Description: Approval of Contract #KG060 Community Care for Disabled Adults (CCDA) Contract between the Department of Children & Families and the Monroe County Board of County Commissioners (Monroe County In-Ho~e/~ices Progra~) for Fiscal Year July 1,2007 through June 30, 2008 Contract Manager: Del0ri~ 4589 Social Services/Stop 1 (Name) 7 (Ext.) (Department/Stop #) For BOCC meeting on 6/20/2007 Agenda Deadline: 6/5/2007 CONTRACT COSTS ~ Current Year Portion: $ J?J I :A 5' - 4/5' - 310::;- ,1Uf/~ ~SO Total Dollar Value of Contract: $110,426.31 Budgeted? Yes X No Account Codes: Grant: $ 81,730.09 (Fiscal Year) County Match: $ 9,081.00 (Fiscal Year) (Required) $19,615.22 (Additional) $28,696.22 (Total Match) Estimated Ongoing Costs: $ /yr (Not included in dollar value above) Division Director c.f}(O, [a/:T{)) 0(ttlo1 Sld~1/0"? Risk Mana~ment (\ tc \)l ~~ O.M.B.lPurch~ng County Attorney Comments: OMB Form Revised 2/27/01 MCP # ADDITIONAL COSTS For: (eg. Maintenance, utilities, janitorial, salaries, etc) i reJ LlV\.t,'1 (tl/\+-rac+ OIlVl UV\t IS s: ,V\t vvnl be 1 Vl FY 'J.ODB. r- Spel/\ CONTRACT REVIEW Changes Needed r Yes ~ Yes ~ Yes No Yes No 0';:. 3/-D-l' 3/06/07 CFDA No. FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES STANDARD CONTRACT Client k8:l Non-Client 0 Multi-District 0 THIS CONTRACT is entered into between the Florida Department of Children and Families, hereinafter referred to as the "department," and Monroe County (In-Home Services) hereinafter referred to as the "provider." I. THE PROVIDER AGREES: A. Contract Document To provide services in accordance with the terms and conditions specified in this contract including all attachments and exhibits, which constitute the contract document. 8. Requirements of Section 287.058, F.S. To provide units of deliverables, including reports, findings, and drafts, as specified in this contract, which must be received and accepted by the contract manager in writing prior to payment. To submit bills for fees or other compensation for services or expenses in sufficient detail for a proper pre-audit and post-audit. Where itemized payment for travel expenses are permitted in this contract. to submit bills for any travel expenses in accordance with section 112.061, F,S., or at such lower rates as may be provided in this contract. To allow public access to all documents, papers, letters, or other public records as defined in subsection 119.011 (11), F.S, made or received by the provider in conjunction with this contract except that public records which are made confidential by law must be protected from disclosure. It is expressly understood that the provider's failure to comply with this provision shall constitute an immediate breach of contract for which the department may unilaterally terminate the contract. C. Governing Law 1. State of Florida Law That this contract is executed and entered into in the State of Florida, and shall be construed, performed and enforced in all respects in accordance with the Florida law including Florida provisions for conflict of laws, 2. Federal Law a. That if this contract contains federal funds the provider shall comply with the provisions of 45 CFR, Part 74, and/or 45 CFR, Part 92, and other applicable regulations. b. That if this contract contains federal funds and is over $100,000, the provider shall comply with all applicable standards, orders, or regulations issued under section 306 of the Clean Air Act, as amended (42 U.S.C. 7401 et seq.), section 508 of the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251 et seq.), Executive Order 11738, as amended and where applicable, and Environmental Protection Agency regulations (40 CFR, Part 30). The provider shall report any violations of the above to the department. c. That no federal funds received in connection with this contract may be used by the provider, or agent acting for the provider, to influence legislation or appropriations pending before the Congress or any State legislature If this contract contains federal funding in excess of $100,000, the provider must, prior to contract execution, complete the Certification Regarding Lobbying form, Attachment N/A. If a Disclosure of Lobbying Activities form, Standard Form LLL, is required, it may be obtained from the contract manager, All disclosure forms as required by the Certification Regarding Lobbying form must be completed and returned to the contract manager, prior to payment under this contract. d. That unauthorized aliens shall not be employed. The department shall consider the employment of unauthorized aliens a violation of section 274A(e) of the Immigration and Nationality Act (8 U.S.C. 1324 a) and section 101 of the Immigration Reform and Control Act of 1986. Such violation shall be cause for unilateral cancellation of this contract by the department. e. That if this contract contains $10,000 or more of federal funds, the provider shall comply with Executive Order 11246, Equal Employment Opportunity, as amended by Executive Order 11375 and others, and as supplemented in Department of Labor regulation 41 CFR. Part 60 and 45 CFR, Part 92, if applicable f. That if this contract contains federal funds and provides services to children up to age 18, the provider shall comply with the Pro-Children Act of 1994 (20 U.S.C. 6081) Failure to comply with the provisions of the law may result in the imposition of a civil monetary penalty of up to $1,000 for each violation and/or the imposition of an administrative compliance order on the responsible entity. D. Audits, Inspections, Investigations, Records and Retention 1. To establish and maintain books, records and documents (including electronic storage media) sufficient to reflect all income and expenditures of funds provided by the department under this contract. 2. To retain all client records, financial records, supporting documents. statistical records, and any other documents (including electronic storage media) pertinent to this contract for a periOd of six (6) years after completion of the contract or longer when required by law. In the event an audit is required by this contract records shall be retained for a minimum period of six (6) years after the audit report is issued or until resolution of any audit findings or litigation based on the terms of this contract. at no additional cost to the department. :Ylonrue Counly In-Home Services CONTRACT if KG060 3/06/07 3. Upon demand, at no additional cost to the department, the provider will facilitate the duplication and transfer of any records or documents during the required retention period in Section I, Paragraph O. 2, 4. To assure that these records shall be subject at all reasonable times to inspection, review, copying, or audit by Federal, State, or other personnel duly authorized by the department. 5. At all reasonable times for as long as records are maintained, persons duly authorized by the department and Federal auditors, pursuant to 45 CFR, section 92.36(i)(10), shall be allowed full access to and the right to examine any of the provider's contracts and related records and documents, regardless of the form in which kept. 6. To provide a financial and compliance audit to the department as specified in this contract and in Attachment 11 and to ensure that all related party transactions are disclosed to the auditor. 7. To comply and cooperate immediately with any inspections, reviews, investigations, or audits deemed necessary by the office of The Inspector General (section 20.055, F.S.) E. Monitoring by the Department To permit persons duly authorized by the department to inspect and copy any records, papers, documents, facilities, goods and services of the provider which are relevant to this contract, and to interview any clients, employees and subcontractor employees of the provider to assure the department of the satisfactory performance of the terms and conditions of this contract. Following such review, the department will deliver to the provider a written report of its findings and request for development, by the provider of a corrective action plan where appropriate. The provider hereby agrees to timely correct all deficiencies identified in the corrective action plan F. Indemnification 1. Except to the extent permitted by section 768.28, F.S. or other Florida Law, Paragraph F, is not applicable to contracts executed between the department and state agencies or subdivisions defined in subsection 768.28(2), F.S. 2. That to the extent permitted by Florida Law, the provider shall indemnify, save, defend, and hold the department harmless from any and all claims, demands, actions, causes of action of whatever nature or character, arising out of or by reason of the execution of this agreement or performance of the services provided for herein. It is understood and agreed that the provider is not required to indemnify the department for claims, demands, actions or causes of action arising solely out of the department's negligence. G. Insurance To provide continuous adequate liability insurance coverage during the existence of this contract and any renewal(s) and extension(s) of it. By execution of this contract, unless it is a state agency or subdivision as defined by subsection 76828(2), FS, the provider accepts full responsibility for identifying and determining the type(s) and extent of liability insurance necessary to provide reasonable financial protections for the provider and the clients to be served under this contract. The limits of coverage under each policy maintained by the provider do not limit the provider's liability and obligations under this contract. Upon the execution of this contract, the provider shall furnish the department written verification supporting both the determination and existence of such insurance coverage. Such coverage may be provided by a self-insurance program established and operating under the laws of the State of Florida. The department reserves the right to require additional insurance as specified in this contract. H. Confidentiality of Client Information Not to use or disclose any information concerning a recipient of services under this contract for any purpose prohibited by state or federal law or regulations except with the written consent of a person legally authorized to give that consent or when authorized by law. I. Assignments and Subcontracts 1 , To neither assign the responsibility for this contract to another party nor subcontract for any of the work contemplated under this contract without prior written approval of the department which shall not be unreasonably withheld. Any sublicense, assignment, or transfer otherwise occurring without prior approval of the department shall be null and void. 2. To be responsible for all work performed and for all commodities produced pursuant to this contract whether actually furnished by the provider or its subcontractors. Any subcontracts shall be evidenced by a written document. The provider further agrees that the department shall not be liable to the subcontractor in any way or for any reason. The provider, at its expense, will defend the department against such claims. 3. To make payments to any subcontractor within seven (7) working days after receipt of full or partial payments from the department in accordance with section 287.0585, F.S, unless otherwise stated in the contract between the provider and subcontractor. Failure to pay within seven (7) working days will result in a penalty that shall be charged against the provider and paid by the provider to the subcontractor in the amount of one-half of one percent (.005) of the amount due per day from the expiration of the period allowed for payment. Such penalty shall be in addition to actual payments owed and shall not exceed fifteen (15%) percent of the outstanding balance due. 4. That the State of Florida shall at all times be entitled to assign or transfer, in whole or part, its rights, duties, or obligations under this contract to another governmental agency in the State of Florida, upon giving prior written notice to the provider In the event the State of Florida approves transfer of the providers obligations, the provider remains responsible for all work performed and all expenses incurred in connection with the contract. This contract shall remain binding upon the successors in Interest of either the provider or the department. :Vlonroe County In-Home Services :. C00iTRACT # KG060 3/06/07 J. Return of Funds To return to the department any overpayments due to unearned funds or funds disallowed and any interest attributable to such funds pursuant to the terms and conditions of this contract that were disbursed to the provider by the department. In the event that the provider or its independent auditor discovers that an overpayment has been made, the provider shall repay said overpayment immediately without prior notification from the department. In the event that the department first discovers an overpayment has been made, the contract manager, on behalf of the department, will notify the provider by letter of such findings. Should repayment not be made forthwith, the provider will be charged at the lawful rate of interest on the outstanding balance after department notification or provider discovery. K. Client Risk Prevention and Incident Reporting 1. That if services to clients are to be provided under this contract, the provider and any subcontractors shall, in accordance with the client risk prevention system, report those reportable situations listed in CFOP 215-6 in the manner prescribed in CFOP 215-6 or district operating procedures. 2. To immediately report knowledge or reasonable suspicion of abuse, neglect, or exploitation of a child, aged person, or disabled adult to the Florida Abuse Hotline on the statewide toll-free telephone number (1-800-96A8USE). As required by Chapters 39 and 415, F.S., this provision is binding upon both the provider and its employees. L. Purchasing 1. To purchase articles which are the subject of or are required to carry out this contract from Prison Rehabilitative Industries and Diversified Enterprises, Inc., (PRIDE) identified under Chapter 946, F.S, in the same manner and under the procedures set forth in subsections 946515(2) and (4), F.S. For purposes of this contract, the provider shall be deemed to be substituted for the department insofar as dealings with PRIDE. This clause is not applicable to subcontractors unless otherwise required by law. An abbreviated list of products/services available from PRIDE may be obtained by contacting PRIDE, (800) 643-8459. 2. To procure any recycled products or materials, which are the subject of or are required to carry out this contract, in accordance with the provisions of sections 403.7065, and 287,045, F,S. M. Civil Rights Requirements 1. Not to discriminate against any employee in the performance of this contract or against any applicant for employment because of age, race, religion, color, disability, national origin, marital status or sex in accordance with Title VII of the Civil Rights Act of 1964. The provider further assures that all contractors, subcontractors, subgrantees, or others with whom it arranges to provide services or benefits to clients or employees in connection with any of its programs and activities are not discriminating against those clients or employees because of age, race, religion, color, disability, national origin, marital status or sex in accordance with 45 CFR Parts 80, 83,84, and 90. This is required for all contracted service providers that have one (1) or more clients. 2. To complete the Civil Rights Compliance Questionnaire, CF Forms 946 A and 8, in accordance with CFOP 60-16 and 45 CFR Part 80, This is required for all providers that have fifteen (15) or more employees. 3. Subcontractors who are on the discriminatory vendor list, may not transact business with any public entity, in accordance with the provisions of section 287.134, F.S. N. Independent Capacity of the Contractor 1. To act in the capacity of an independent contractor and not as an officer, employee of the State of Florida, except where the provider is a state agency. Neither the provider nor its agents, employees, subcontractors or assignees shall represent to others that it has the authority to bind the department unless specifically authorized in writing to do so, 2. This contract does not create any right to state retirement, leave benefits or any other benefits of state employees as a result of performing the duties or obligations of this contract. 3, To take such actions as may be necessary to ensure that each subcontractor of the provider will be deemed to be an independent contractor and will not be considered or permitted to be an agent, servant. joint venturer, or partner of the State of Florida, 4. The department will not furnish services of support (e.g., office space, office supplies, telephone service, secretarial or clerical support) to the provider, or its subcontractor or assignee, unless speCifically agreed to by the department in this contract. 5. All deductions for social security, withholding taxes, income taxes, contributions to unemployment compensation funds and all necessary insurance for the provider, the provider's officers. employees, agents, subcontractors, or assignees shall be the sole responsibility of the provider O. Sponsorship As required by section 286.25, FS" if the provider is a non-governmental organization which sponsors a program financed ,vholly or in part by state funds, Including any funds obtained through this contract. it shall, in publicizing, advertising, or deSCribing the sponsorShip of the program, state: "Sponsored by (provider's name) and the State of Florida. Department of Children and Families." If the sponsorship reference is in written material. the words 'State of Florida. Department of Children and Families" shall appear in at least the same size letters or type as the name of the organization. J\!onroe ("ounly In-Home Scn ices 3 COi\TRACT I.! !\JJ060 3/06/07 P. Publicity Without limitation, the provider and its employees, agents, and representatives will not, without prior departmental written consent in each instance, use in advertising, publicity or any other promotional endeavor any State mark, the name of the State's mark, the name of the State or any State affiliate or any officer or employee of the State, or represent, directly or indirectly, that any product or service provided by the provider has been approved or endorsed by the State, or refer to the existence of this contract in press releases. advertising or materials distributed to the provider's prospective customers. Q. Finallnvoice To submit the final invoice for payment to the department no more than 45 days after the contract ends or is terminated. If the provider fails to do so, all rights to payment are forfeited and the department will not honor any requests submitted after the aforesaid time period. Any payment due under the terms of this contract may be withheld until all reports due from the provider and necessary adjustments thereto have been approved by the department. R. Use of Funds for Lobbying Prohibited To comply with the provisions of sections 11.062 and 216.347, F.S., which prohibit the expenditure of contract funds for the purpose of lobbying the Legislature, judicial branch, or a state agency. S. Public Entity Crime Pursuant to section 287.133, F.S., the following restrictions are placed on the ability of persons convicted of public entity crimes to transact business with the department: When a person or affiliate has been placed on the convicted vendor list following a conviction for a public entity crime, he/she 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 the repair of a public building or public work, may not submit bids on leases of real property to a 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 287017, F.S., for CATEGORY TWO for a periOd of thirty-six (36) months from the date of being placed on the convicted vendor list. T. Gratuities The provider agrees that it will not offer to give or give any gift to any department employee. As part of the consideration for this contract, the parties intend that this provision will survive the contract for a period of two years In addition to any other remedies available to the department, any violation of this provision will result in referral of the provider's name and description of the violation of this term to the Department of Management Services for the potential inclusion of the provider's name on the suspended vendors list for an appropriate period The provider will ensure that its subcontractors, if any, comply with these provisions U. Patents, Copyrights, and Royalties 1. If any discovery or invention arises or is developed in the course of or as a result of work or services performed under this contract, or in anyway connected herewith, the provider shall refer the discovery or invention to the department to be referred to the Department of State to determine whether patent protection will be sought in the name of the State of Florida. Any and all patent rights accruing under or in connection with the performance of this contract are hereby reserved to the State of Florida. 2. In the event that any books, manuals, films, or other copyrightable materials are produced, the prOVider shall notify the Department of State. Any and all copyrights accruing under or in connection with performance under this contract are hereby reserved to the State of Florida. 3. The provider, if not a state agency, as that term is defined in subsection 768.28, F.S., shall indemnify and save the department and its employees harmless from any liability whatsoever, including costs and expenses, arising out of any copyrighted, patented, or unpatented invention, process, or article manufactured or used by the provider in the performance of this contract. 4. The department will provide prompt written notification of any claim of copyright or patent infringement. Further, if such claim is made or is pending, the provider may, at its option and expense, procure for the department, the right to continue use of, replace, or modify the article to render it non-infringing. If the provider uses any design, device, or materials covered by letters, patent, or copyright it is mutually agreed and understood without exception that the compensation paid pursuant to this contract includes all royalties or costs arising from the use of such design, device, or materials in any way involved in the work contemplated by this contract. 5. All applicable subcontracts shall include a provision that the Federal awarding agency reserves all patent rights with respect to any discovery or invention that arises or is developed in the course of or under the subcontract. V. Construction or Renovation of Facilities Using State Funds That any state funds provided for the purchase of or improvements to real property are contingent upon the provider granting to the state a security interest in the property at least to the amount of the state funds provided for at least five (5) years from the date of purchase or the completion of the improvements or as further required by law. As a condition of receipt of state funding for this purpose, the provider agrees that, if it disposes of the property before the department's interest is vacated. the provider will refund the proportionate share of the state's initial investment. as adjusted by depreciation. Vlonroe County In-I lome Services .t C01\ TRACT ti KG060 3/06/07 W. Information Security Obligations 1. To identify an appropriately skilled individual to function as its Data Security Officer who shall act as the tiaison to the department's security staff and who will maintain an appropriate level of data security for the information the provider is collecting or using in the performance of this contract. An appropriate level of security includes approving and tracking all provider employees that request system or information access and ensuring that user access has been removed from all terminated provider employees. 2. To hold the department harmless from any loss or damage incurred by the department as a result of information technology used, provided or accessed by the provider. 3. To provide the latest departmental security awareness training to its' staff and subcontractors. 4. To ensure that all provider employees who have access to departmental information are provided a copy of CFOP 50-6 and that they sign the DCF Security Agreement form (CF 114), a copy of which may be obtained from the contract manager. X. Accreditation That the department is committed to ensuring provision of the highest quality services to the persons we serve. Accordingly, the department has expectations that where accreditation is generally accepted nationwide as a clear indicator of quality service, the majority of our providers will either be accredited, have a plan to meet national accreditation standards, or will initiate one within a reasonable period of time. Y. Agency for Workforce Innovation and Workforce Florida That it understands that the department, the Agency for Workforce Innovation, and Workforce Florida, Inc., have jointly implemented an initiative to empower recipients in the Temporary Assistance to Needy Families Program to enter and remain in gainful employment. The department encourages provider participation with the Agency for Workforce Innovation and Workforce Florida. Z. Health Insurance Portability and Accountability Act Where applicable, to comply with the Health Insurance Portability and Accountability Act (42 U. S. C. 1320d.) as well as all regulations promulgated thereunder (45 CFR Parts 160,162, and 164). AA. Emergency Preparedness If the tasks to be performed pursuant to this contract include the physical care and control of clients, the provider shall, within 30 days of the execution of this contract, submit to the contract manager an emergency preparedness plan which shall include provisions for pre-disaster records protection, alternative accommodations for clients in substitute care, supplies, and a recovery plan that will allow the provider to continue functioning in compliance with the executed contract in the event of an actual emergency. The department agrees to respond in writing within 30 days of receipt of the plan accepting, rejecting, or requesting modifications. In the event of an emergency, the department may exercise oversight authority over such provider in order to assure implementation of agreed emergency relief provisions. BB. PUR 1000 Form The PUR 1000 Form is hereby incorporated by reference. In the event of any conflict between the PUR 1000 Form, and any terms or conditions of this contract (including the department's Standard Contract), the terms or conditions of this contract shall take precedence over the PUR 1000 Form. However, if the conflicting terms or conditions in the PUR 1000 Form is required by any section of the Florida Statutes, the terms or conditions contained in the PUR 1000 Form shall take precedence. II. THE DEPARTMENT AGREES: A. Contract Amount To pay for contracted services according to the terms and conditions of this contract in an amount not to exceed $N/A or the rate schedule, subject to the availability of funds. The State of Florida's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Legislature. Any costs or services paid for under any other contract or from any other source are not eligible for payment under this contract. B. Contract Payment Pursuant to section 215.422, F.S., the department has five (5) working days to inspect and approve goods and services, unless the bid specifications, purchase order, or this contract specify otherwise. With the exception of payments to health care providers for hospital, medical, or other health care services, if payment is not available within forty (40) days, measured from the latter of the date a properly completed invoice is received by the department or the goods or services are received, inspected, and approved, a separate interest penalty set by The Chief Financial Officer pursuant to section 5503, FS., will be due and payable in addition to the invoice amount. Payments to health care providers for hospital, medical, or other health care services, shall be made not more than thirty-five (35) days from the date eligibility for payment is determined. Financial penalties will be calculated at the daily interest rate of 03333%. InVOices returned to a provider due to preparation errors will result in a non-interest bearing payment delay. Interest penalties less than one (1) dollar will not be paid unless the provider requests payment. C. Vendor Ombudsman A Vendor Ombudsman has been established withl/l the Department of Financial Services. The duties of this office are found In subsection 215.422, F.S., ',vhich include disseminating information relative to the prompt payment oftllis state and assisting vendors ill receiving their payments in a timely manner from a state agency. The Vendor Ombudsman may be contacted at (850) 413-5516. Monroe Count) 111-1 IOl11c Ser\'ices 5 CONTRi\CT # KG060 3/06/07 D. Notice Any notice, that is required under this contract shall be in writing. and sent by U.S. Postal Service or any expedited delivery service that provides verification of delivery or by hand delivery. Said notice shall be sent to the representative of the provider responsible for administration of the program, to the designated address contained in this contract. III. THE PROVIDER AND DEPARTMENT MUTUALLY AGREE: A. Effective and Ending Dates This contract shall begin on July 1, 2007, or on the date on which the contract has been signed by the last party required to sign it. whichever is later. It shall end at midnight, local time in Monroe County, Florida, on June 30, 2008. B. Financial Penalties for Failures to Comply with Requirement for Corrective Action. 1. In accordance with the provisions of Section 402.73(1), F.S, and Section 65-29.001, Florida Administrative Code, corrective action plans may be required for noncompliance, nonperformance, or unacceptable performance under this contract. Penalties may be imposed for failures to implement or to make acceptable progress on such corrective action plans. 2. The increments of penalty imposition that shall apply, unless the department determines that extenuating circumstances exist. shall be based upon the severity of the noncompliance, nonperformance, or unacceptable performance that generated the need for corrective action plan. The penalty, if imposed, shall not exceed ten percent (10%) of the total contract payments during the period in which the corrective action plan has not been implemented or in which acceptable progress toward implementation has not been made. Noncompliance that is determined to have a direct effect on client health and safety shall result in the imposition of a ten percent (10%) penalty of the total contract payments during the period in which the corrective action plan has not been implemented or in which acceptable progress toward implementation has not been made. 3. Noncompliance involving the provision of service not having a direct effect on client health and safety shall result in the imposition of a five percent (5%) penalty. Noncompliance as a result of unacceptable performance of administrative tasks shall result in the imposition of a two percent (2%) penalty. 4. The deadline for payment shall be as stated in the Order imposing the financial penalties. In the event of nonpayment the department may deduct the amount of the penalty from invoices submitted by the provider. C. Termination 1. This contract may be terminated by either party without cause upon no less than thirty (30) calendar days notice in writing to the other party unless a sooner time is mutually agreed upon in writing. Said notice shall be delivered by U.S. Postal Service or any expedited delivery service that provides verification of delivery or by hand delivery to the contract manager or the representative of the provider responsible for administration of the program. 2. In the event funds for payment pursuant to this contract become unavailable, the department may terminate this contract upon no less than twenty-four (24) hours notice in writing to the provider. Said notice shall be sent by U.S. Postal Service or any expedited delivery service that provides verification of delivery. The department shall be the final authority as to the availability and adequacy of funds. In the event of termination of this contract, the provider will be compensated for any work satisfactorily completed. 3. This contract may be terminated for the provider's non-performance upon no less than twenty-four (24) hours notice in writing to the provider If applicable, the department may employ the default provisions in Rule 60A-1.006(3), Florida Administrative Code. Waiver of breach of any provisions of this contract shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms and conditions of this contract. The provisions herein do not limit the department's right to remedies at law or in equity. 4. Failure to have performed any contractual obligations with the department in a manner satisfactory to the department will be a sufficient cause for termination. To be terminated as a provider under this provision, the provider must have: (1) previously failed to satisfactorily perform in a contract with the department, been notified by the department of the unsatisfactory performance, and failed to correct the unsatisfactory performance to the satisfaction of the department; or (2) had a contract terminated by the department for cause. D. Renegotiations or Modifications Modifications of provisions of this contract shall be valid only when they have been reduced to writing and duly signed by both parties. The rate of payment and the total dollar amount may be adjusted retroactively to reflect price level increases and changes in the rate of payment when these have been established through the appropriations process and subsequently identified in the department's operating budget. i\lonroe County In-llol1le SerVlces 6 CO\iTRACT t' KG060 3/06/07 E. Official Payee and Representatives (Names, Addresses, and Telephone Numbers): 1. The provider name, as shown on page 1 of this contract, and mailing address of the official payee to whom the payment shall be made is: 3. The name, address, and telephone number of the contract manager for the department for this contract is: Monroe County In-Home Services 1100 Simonton Street Key West, FL 33040 Theresa Phelan 1111 12'" Street Key West, FL 33040 305-292-6810 2. The name of the contact person and street address where financial and administrative records are maintained is: Deloris Simpson, Senior Administrator Monroe County In-Home Services 1100 Simonton Street Key West, FL 33040 305-292-4589 4. The name, address, and telephone number of the representative of the provider responsible for administration of the program under this contract is: Deloris Simpson Monroe County In-Home Services 1100 Simonton Street Key West, FL 33040 305-292-4589 5. Upon change of representatives (names, addresses, telephone numbers) by either party, notice shall be provided in writing to the other party and the notification attached to the originals of this contract. F. All Terms and Conditions Included This contract and its attachments, Lm1QJ.L and any exhibits referenced in said attachments, together with any documents incorporated by reference, contain all the terms and conditions agreed upon by the parties, There are no provisions, terms, conditions, or obligations other than those contained herein, and this contract shall supersede all previous communications, representations, or agreements, either verbal or written between the parties. If any term or provision of this contract is legally determined unlawful or unenforceable, the remainder of the contract shall remain in full force and effect and such term or provision shall be stricken. By signing this contract, the parties agree that they have read and agree to the entire contract, as described in Paragraph III. F. above. IN WITNESS THEREOF, the parties hereto have caused this 42 page contract to be executed by their undersigned officials as duly authorized. PROVIDER: FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES Monroe County (In-Home Services) Signature: Signature: Print/Type Name: Title: Mario DiGennaro Mayor Print/Type Gilda P. Ferradaz Name: Title: District Administrator Date: Date: STATE AGENCY 29 DIGIT FLAIR CODE: Federal Tax 10 # (or SSN): 59-0600749 Provider Fiscal Year Ending Date: ..Q.g/30. ,\1onroe County In-Home Services 7 CONTRACT ;i KG060 07/01/2007 Community Care for Disabled Adults/Fixed Price Adult Services Program ATTACHMENT I A. Services to be Provided 1. Definition of Terms a. Contract Terms Contract terms used in this document can be found in the Florida Department of Children and Families Glossary of Contract Terms, which is incorporated herein by reference and can be obtained from the contract manager. b. Program or Service Specific Terms (1) Activities of Daily Living - Basic activities performed in the course of daily living, such as dressing, bathing, grooming. eating, using a commode or urinal, and ambulating around one's own home. (2) Case Management Providers - Private, for-profit, or nonprofit agencies designated to provide coordination of care for eligible clients. This includes assessment of client needs and eligibility, development of care plans, and the arrangement for appropriate services to meet those needs. Case management providers integrate all available services through departmentally-approved direct service providers into a sole program of service delivery uniquely patterned to meet the client's varying service needs. Case management providers may choose to deliver only case management services or choose to be dually responsible as both a direct service provider and a case management provider. (3) Client - Any person who is eligible and is at least eighteen (18) years through age fifty-nine (59), has one (1) or more permanent physical or mental limitations that restrict the client's ability to perform normal activities of daily living, and impede the client's capacity to live independently or with relatives or friends without the provision of community-based services. (4) Direct Service Providers - Private, for-profit, or nonprofit agencies that provide direct service support to eligible clients. Direct services range from the provision of health services delivered by physicians, nurses, physiotherapists, occupational therapists, speech therapists, and dietitians, to services delivered by workers such as homemakers, chore and transportation worker and personal care aides. The direct service provider may provide 03/22/07 Monroe County In-Home Services 8 PSMAI No. GA07 Contract No. KG060 07/01/2007 Community Care for Disabled Adults/Fixed Price Adult Services Program one or more aspects of care. The direct service provider may also choose to deliver only direct services or choose to be dually responsible as both a case management provider and a direct service provider, (5) Medicaid Institutional Care Program (MICP) - A program that serves Medicaid recipients who are determined eligible for a nursing home level of care, which provides primary, acute, and long-term care services at capitated federally-matched rates. (6) Nursing home - Any facility which provides nursing services as defined in Chapter 464, F,S., and which is licensed in accordance with Chapter 400, F.S. (7) Outcomes - Quantitative indicators that can be used by the department to objectively measure a provider's performance toward a stated goal. (8) Outputs - Process measures of the quantity(ies) of services delivered, clients served, or similar units completed. (9) Performance Measures - Quantitative indicators, outcomes and outputs, that can be used by the department to objectively measure a provider's performance. 2. General Description a. General Statement (1) The COMMUNITY CARE FOR DISABLED ADULTS (CCDA) Program is designed to assist disabled adults, age eighteen (18) through fifty-nine (59), in utilizing available community and personal resources enabling them to remain in their own homes, and preventing their premature or inappropriate institutionalization. (2) Service providers will ensure that appropriate community- based services are provided to clients in a manner designed to meet the client's changing needs, to assist the client in avoiding or reducing unnecessary dependence on the delivered service(s), and to increase the client's self-reliance, b. Authority Sections 410.601-410.606, F.S., Chapter 65C-2, Florida Administrative Code (F.A.C.), and the annual appropriations act, with any proviso 03/22/07 Monroe County In-Home Services 9 PSMAJ No. GA07 Contract No. KG060 07/01/2007 Community Care for Disabled Adults/Fixed Price Adult Services Program language or instructions to the department, constitute the legal basis for services to be delivered through the COMMUNITY CARE FOR DISABLED ADULTS program. c. Scope of Service Services will be targeted toward eligible adults, in the following counties: Monroe County. d. Major Program Goal Community-based services provided under this contract are designed to prevent inappropriate institutionalization of disabled adults. 3. Clients to be Served a. General Description Adults with disabilities, age eighteen (18) through fifty-nine (59), who are no longer eligible to receive children's services, and are too young to qualify for community and home-based services for the elderly, may be served under the provisions of this contract. b. Client Eligibility (1) Applicants must have one or more permanent physical or mental limitations, that restrict the ability to perform normal activities of daily living, as determined through the initial functional assessment and medical documentation of disability. Determination of a permanent disability must be established and evidenced in one of the following manners: (a) An applicant may present a check, awards letter, or other proof showing receipt of Social Security Disability Income, or some other disability payment (e.g., Worker's Compensation); or (b) An applicant may present a written statement from a licensed physician, licensed nurse practitioner, or mental health professional, which meets the district's criteria for evidence of a disability. This written statement must, at a minimum. include the applicant's diagnosis, prognosis, a broad explanation of level of functioning, and the interpretation of need for services based on identified functional barriers caused by the applicant's disabling condition. 03/22/07 Monroe County In-Home Services 10 PSMAI No. GAD? Contract No. KG060 07/01/2007 Community Care for Disabled Adults/Fixed Price Adult Services Program (2) Applicants must have an individual income at or below the prevailing MICP eligibility standard in order to receive free COMMUNITY CARE FOR DISABLED ADULTS services. (3) Applicants with incomes above the standard will be assessed a fee for a share of the costs, or may be required to provide volunteer services in lieu of payment. c. Client Determination (1) Clients will be assessed for eligibility determination, and prioritized for services by district or provider case management staff, in accordance with subsection 410.604 (2), F.S. (2) The department will make the final determination of client eligibility. d. Contract Limits (1) The total annual cost estimated or actual, for an individual receiving COMMUNITY CARE FOR DISABLED ADULTS services, shall not exceed the average, annual general revenue portion of a Medicaid nursing home bed within the district area. (2) Clients must not be receiving comparable services from any other entity. In order to prevent duplication of services, client files must contain documentation verifying that all comparable community services and funding sources have been explored and exhausted. (3) The provider shall deliver services only to those persons who have completed the Adult Services Screening for Consideration for new Community Based Programs, Exhibit A, been scored by that instrument, and were referred to the provider by the District/Region Program Office, and only to the extent that funds are available. 03/22/07 Monroe County In-Home Services 11 PSMAI No. GAD? Contract No. KG060 07/01/2007 Community Care for Disabled Adults/Fixed Price Adult Services Program B. Manner of Service Provision 1. Service Tasks a. Task List (1) The following tasks will be performed under this contract. DAdult Day Care ~Case DEmergency Alert Management Response ~Personal Care DHome Health DGroup Activity Aide Therapy ~Homemaker DHome Nursing ~Home Delivered Meals Dlnterpreter DTransportation DMedical Therapeutic Services DChore DRespite DPhysical and Exams DEscort DAdult Day Health Care (2) Details of services to be provided under this contract and the negotiated parameters of those services include: (Descriptions and minimum requirements for each service listed are listed in "The CFOP 140-8, COMMUNITY CARE FOR DISABLED ADULTS Operating Procedures"). (3) Each district COMMUNITY CARE FOR DISABLED ADULTS program shall include case management services and at least one other community service. b. Task Limits The following task limits apply only to the services specified above. (1) Personal Care services will not substitute for the care usually provided by a registered nurse, licensed practical nurse, therapist, or home health aide. The personal care aide will not change sterile dressings, irrigate body cavities, administer medications, or perform other activities prohibited by Chapter 59A-8. F.A.C. (2) Homemaker service time does not include time spent in transit to and from the client's place of residence except when providing 03/22/07 Monroe County In-Home Services 12 PSMAI No. GA07 Contract No, KG060 07/01/2007 Community Care for Disabled Adults/Fixed Price Adult SeNices Program shopping assistance, performing errands or other tasks on behalf of a client. (3) Several restrictions apply to persons providing Homemaker service activities. Persons providing services must not: (a) engage in work that is not specified in the Homemaker assignment; (b) accept gifts from clients; (c) lend or borrow money or articles from clients; (d) handle client money, unless authorized in writing by a supervisor or case manager (documented in the personnel file) and unless bonded or insured by the employer; (e) transport clients, unless authorized in writing by a supervisor or case manager. (4) The parameters of service delivery, by type of service, are detailed in "The CFOP 140-8, COMMUNITY CARE FOR DISABLED ADULTS Operating Procedures". (5) District task limits, which exceed those in CFOP 140-8, COMMUNITY CARE FOR DISABLED ADULTS Operating Procedures, and are distinctive to this contract, are listed here: N/A. 2. Staffing Requirements a. Staffing Levels (1) The provider will meet the minimum staffing requirements for each service, as specified in CFOP 140-8, COMMUNITY CARE FOR DISABLED ADULTS Operating Procedures. (2) The provider will notify the department, in writing, within thirty calendar (30) days whenever the provider is unable, or expects to be unable to provide the required quality or quantity of service due to staff turnovers or shortages. 03/22/07 Monroe County In-Home SeNices 13 PSMAI No. GA07 Contract No. KG060 07/01/2007 Community Care for Disabled Adults/Fixed Price Adult Services Program b. Professional Qualifications The provider will ensure that staff meets the professional qualifications for each service, as specified in CFOP 140-8, COMMUNITY CARE FOR DISABLED ADULTS Operating Procedures. c. Staffing Changes The provider agrees to notify the department's contract manager within two (2) working days if a key administrative position (e.g., executive director) becomes vacant. Planned staffing changes that may affect service delivery, as stipulated in this contract, must be presented in writing to the contract manager for approval at least ten (10) working days prior to the implementation of the change. d. Subcontractors This contract does not allow the provider to subcontract for the provision of any services under this contract. 3. Service Location and Equipment a. Service Delivery Location and Times (1) COMMUNITY CARE FOR DISABLED ADULTS services may be delivered in the client's home or on-site at a facility, as negotiated by the department and the provider. (2) Facilities delivering on-site services to clients shall pass an annual inspection by the local environmental health and fire authorities. (3) Service providers will meet the minimum service location and time requirements as specified in CFOP 140-8, COMMUNITY CARE FOR DISABLED ADULTS Operating Procedures. (4) Services for this contract will be delivered at the following location(s) and times: SERVICE LOCA TION i TIME(S) Case Manaqement Client's Home As needed Homemakinq Client's Home As needed I Personal Care Client's Home I As needed Home Delivered Meals Client's Home I As needed 03/22/07 Monroe County In-Home Services 14 PSMAI No. GAD7 Contract No. KG060 07/01/2007 Community Care for Disabled Adults/Fixed Price Adult Services Program b. Changes in Location The provider must notify the department of changes in the location of service delivery. Once the service delivery location is agreed upon, any proposed change must be presented in writing to the contract manager for approval, ten (10) working days prior to implementation of that proposed change. In the event of an emergency, temporary changes in location may necessitate waiver of this designated standard by the district's program office. Such a waiver will take into consideration the continuity, safety, and welfare of the department's clients, and is at the department's sole discretion. c. Medical Equipment (1) If medical equipment purchase is made to meet the Activities of Daily Living or Instrumental Activities of Daily Living service needs of a client being served through this provider contract, the provider must submit a durable medical equipment inventory, Exhibit B, to the department which lists each piece of equipment to be purchased. The equipment required to perform the contracted services must be approved by the department. To ensure uniformity, safety, and quality of service to clients, any requests for equipment change must be presented in writing to the contract manager for department approval at least ten (10) days prior to any proposed change. (2) The provider must inventory all equipment acquired under this contract annually. The inventory list must be made available within seven (7) days upon receipt of written request by the contract manager. The provider must list the items of equipment on the provider inventory, Exhibit C, as applicable to the provider's contract for specific services. 4. Deliverables a. Service Units A service unit is an appropriate, distinct amount of given service, which may include, but is not limited to, an hour of direct service delivery; a meal; an episode of travel; or a twenty-four (24) hour period of Emergency Alert Response maintenance, as defined in CFOP 140-8, COMMUNITY CARE FOR DISABLED ADULTS Operating Procedures. All service units, as well as their description and costs, are listed in CFOP 140-8, COMMUNITY CARE FOR DISABLED ADULTS Operating Procedures. 03/22107 Monroe County In-Home Services 15 PSMAI No. GA07 Contract No. KG060 07/01/2007 Community Care for Disabled Adults/Fixed Price Adult Services Program b. Records and Documentation (1) Case management agency individual client files shall contain the following: (a) a completed client assessment (not more than one (1) year old); (b) a care plan (not more than one (1) year old); (c) a release of information form; (d) a copy of a completed Client Information System (CIS) form; (e) documentation of the client's age, disability, and income; (f) a completed and scored copy of the Adult Services Screening for Consideration for Community Based Services; and (g) a case narrative. (2) Providers shall maintain information on each client served by this contract, which includes the following: (a) documentation of the client by name or unique identifier; (b) current documentation of eligibility for services; (c) dates of service provision and delivery; (d) information documenting the client's need to receive services; (e) the number of service units provided; and (f) all other forms or records necessary for program operation and reporting, as set forth by the department. (3) Providers must ensure that all client records accurately match the invoices submitted for payment. Records must cross reference to each invoice for payment. (4) Providers must maintain documentation necessary to facilitate monitoring and evaluation by the department. 03/22/07 Monroe County In-Home Services 16 PSMAI No. GAD7 Contract No. KG060 07/01/2007 Community Care for Disabled Adults/Fixed Price Adult Services Program (5) The case management provider must maintain documentation in the client's file that all comparable community services and funding sour,ces have been explored and exhausted before using COMMUNITY CARE FOR DISABLED ADULTS funding. c. Reports I I I Report Title I I I I i I Monthly I . Cumulative I Summary /' I Reports I II Request for I Approval of I CCDA Care I Plan Services Increase Reporting Frequency Report Date Due Number of copies due I I I DCF Office address(es) to receive report Monthly i th I The 15 of month I immediately I following the month I being reported on. I I I I I I As needed I I i 1 Contract Manager As needed 1 Contract Manager (1) Reporting requirements for this contract include, Exhibit D, Monthly Cumulative Summary Reports, if applicable. Districts will negotiate with the provider on specific submission requirement criteria for these reports. Included in the reports shall be copies of activity sheets which shall include the service provided, signature of client receiving the service and the staff member providing the service. (2) Providers of case management services agree to submit Monthly Cumulative Summary Reports, which include management program data (e.g., client identifiable data) to the department, according to negotiated instructions provided by the districts. (3) In the event of early termination of this contract, the provider will submit the final Monthly Cumulative Summary Report within forty-five (45) days after the contract is terminated. 03/22/07 Monroe County In-Home Services 17 PSMAI No. GAD? Contract No. KG060 07/01/2007 Community Care for Disabled Adults/Fixed Price Adult Services Program 5. Performance Specifications a. Performance Measures (1) 100 % of adults with disabilities receiving services will not be placed in a nursing home. (2) Twenty qualified disabled adults (ages 18-59) will be provided case management. (3) Twenty qualified disabled adults (ages 18-59) will be in the COMMUNITY CARE FOR DISABLED ADULTS program. b. Description of Performance Measurement Terms Placed - The result of an assessment of an individual who is no longer able to remain in his present place of residence. (To place a client involves preparation for and follow up of moving a client into a more restrictive alternative living environment). c. Performance Evaluation Methodology (1) Measuring Outcomes. The department will measure the outcomes found in paragraph B.5.a. above as follows: (a) The outcome measurement contained in paragraph B.5.a. (1) above will be calculated by dividing the total, fiscal year-to-date number of clients in the Community Care for Disabled Adults, Home Care for Disabled Adults, and Medicaid waiver programs not transferred to a nursing home, by the total, fiscal year-to-date number of clients in the COMMUNITY CARE FOR DISABLED ADULTS, Home Care for Disabled Adults, and Medicaid wavier programs. (b) The outcome measurement contained in paragraph B.5.a. (2) above will be calculated by the total number clients actively receiving case management from the COMMUNITY CARE FOR DISABLED ADULTS, Home Care for Disabled Adults, and Medicaid waiver programs by the total number of qualified disabled adults eligible to receive such services. (c) The outcome measurement contained in paragraph B.5.a(3) above will be a sum calculation of the total number clients actively receiving daily living services from the COMMUNITY CARE FOR DISABLED ADULTS program. 03/22/07 Monroe County In-Home Services 18 PSMAI No. GA07 Contract No KG060 07/01/2007 Community Care for Disabled Adults/Fixed Price Adult Services Program (2) By execution of this contract the provider hereby acknowledges and agrees that its performance under the contract must meet the standards set forth above and will be bound by the conditions set forth in this contract. If the provider fails to meet these standards, the department, at its exclusive option, may allow up to six months for the provider to achieve compliance with the standards. If the department affords the provider an opportunity to achieve compliance and the provider fails to achieve compliance within the specified time frame, the department must cancel the contract in the absence of any extenuating or mitigating circumstances. The determination of the extenuating or mitigating circumstances is the exclusive determination of the department. 6. Provider Responsibilities a Direct Service Provider Unique Activities (1) The provider will be required to use volunteers to the fullest extent feasible in the provision of services and program operations. The provider is required to train, supervise, and appropriately support all volunteers with insurance coverage including liability. (2) The provider will maintain an accurate and current active case/oad list. (3) The provider will maintain a current monthly billing ledger of all provider claims submitted to the case management agency or Adult Services /ocal office, including all corrected claims and adjustments to claims for services that were delivered to consumers being served through this contract. (4) The provider will notify the case management agency or Adult Services local office of all service terminations, service increase requests and monthly expenditure trends with regards to the terms of this contract. (5) The provider will explain to each individual requesting consideration for COMMUNITY CARE FOR DISABLED ADULTS services that the program maintains a centralized Waiting List on which the individual will be placed according to his or her score received through an Adult Services Screening conducted by an Adult Services counselor. b. Case Management Provider Unique Activities 03/22/07 Monroe County In-Home Services 19 PSMAI No. GAD7 Contract No. KG060 07/01/2007 Community Care for Disabled Adults/Fixed Price I\dult Services Program (1) The case management provider will accept all referrals through the AS District Program Office. (2) The case management provider will initiate services on only the referrals made through the AS District Program Office. (3) The case management provider will complete all ongoing face- to-face assessments on all active clients using the Adult Services Client Assessment, CF-AA 3019. (4) The case management provider will maintain an accurate and current active case load list. (5) The COMMUNITY CARE FOR DISABLED ADULTS case management provider will maintain a current monthly billing ledger of all provider claims submitted to the agency or the local Adult Services office, including all corrected claims and adjustments to claims for services that were delivered to consumers being served through this contract. (6) The case management provider will notify the local Adult Services office of all service terminations, service increase requests and monthly expenditure trends with regards to the terms of this contract. See Exhibit E, Request for Approval of CCDA Care Plan Services Increase. (7) The case management provider will explain to each individual requesting consideration for COMMUNITY CARE FOR DISABLED ADULTS services that the program maintains a centralized Waiting List on which the individual will be placed. As funds become available to serve individuals from the wait list, each individual on the COMMUNITY CARE FOR DISABLED ADULTS wait list will be given program consideration according to his or her score received through a completed Adult Services Screening. c. Provider Activities Pertaining to both Direct Service Providers and Case Management Providers (1) If required by 45 CFR Parts 160, 162, and 164, the following provisions shall apply [45 CFR 164.504(e)(2)(ii)]: (a) The provider hereby agrees not to use or disclose protected health information (PHI) except as permitted or required by this contract, state or federal law. 03/22/07 Monroe County In-Home Services 20 PSMAI No. GA07 Contract No. KG060 07/01/2007 03/22/07 Monroe County In-Home Services Community Care for Disabled Adults/Fixed Price Adult Services Program (b) The provider agrees to use appropriate safeguards to prevent use or disclosure of PHI other than as provided for by this contract or applicable law. (c) The provider agrees to report to the department any use or disclosure of the information not provided for by this contract or applicable law. (d) The provider hereby assures the department that if any PHI received from the department, or received by the provider on the department's behalf, is furnished to provider's subcontractors or agents in the performance of tasks required by this contract, that those subcontractors or agents must first have agreed to the same restrictions and conditions that apply to the provider with respect to such information. (e) The provider agrees to make PHI available in accordance with 45 C.F.R. 164.524. (f) The provider agrees to make PHI available for amendment and to incorporate any amendments to PHI in accordance with 45 C.F.R. 164.526. (9) The provider agrees to make available the information required to provide an accounting of disclosures in accordance with 45 C.F.R. 164.528. (h) The provider agrees to make its internal practices, books and records relating to the use and disclosure of PHI received from the department or created or received by the provider on behalf of the department available for purposes of determining the provider's compliance with these assurances. (i) The provider agrees that at the termination of this contract, if feasible and where not inconsistent with other provisions of this contract concerning record retention, it will return or destroy all PHI received from the department or received by the provider on behalf of the department, that the provider still maintains regardless of form. If not feasible, the protections of this contract are hereby extended to that PHI which may then be used only for such purposes as make the return or destruction infeasible. 21 PSMAI No. GA07 Contract No. KG060 07/01/2007 Community Care for Disabled Adults/Fixed Price Adult Services Program (j) A violation or breach of any of these assurances shall constitute a material breach of this contract. d. Coordination with Other Providers/Entities The case management provider must coordinate, as necessary, with the Agency for Persons with Disabilities, the Department of Children and Families, the Department of Education, the Department of Health, and the Florida Statewide Advocacy Council, to serve those clients who are eligible for services through two (2) or more service delivery continuums. 7. Departmental Responsibilities a. Department Obligations (1) The department will supply all new providers with a copy of the COMMUNITY CARE FOR DISABLED ADULTS Operating Procedures, CFOP 140-8. (2) The department will provide COMMUNITY CARE FOR DISABLED ADULTS technical assistance to the provider, relative to the negotiated terms of this contract and instructions for submission of required data. b. Department Determinations Should a dispute arise, the department will make the final determination as to whether the contract terms are being fulfilled according to the contract specifications. c. Monitoring Requirements The provider will be monitored in accordance with existing departmental procedures (CFOP 75-8). 03/22/07 Monroe County In-Home Services 22 PSMAI No. GAD? Contract No. KG060 07/01/2007 Community Care for Disabled Adults/Fixed Price Adult Services Program C. Method of Payment 1. Payment Clause a. This is a fixed price (unit cost) contract. The department shall pay the provider for the delivery of service units provided in accordance with the terms of this contract for a total dollar amount not to exceed $N/A, subject to the availability of funds. b. The department shall make payments to the provider for the provision of services up to the maximum number of units of service at the rates shown below. c. The department agrees to pay for the service units at the unit price(s) and limits listed below. Service Units Unit Price Maximum # of Units Case Manaqement $58.73 185 Personal Care $41.08 180 Homemaker Services $31.06 1,369 Home Delivered Meals $ 6.50 3,223 c. The provider's dollar match for this contract is $9,081.00. Case management and transportation services may be exempt from match requirement at the discretion of each district. d. Cash or in kind resources may be used to meet this match requirement. 2. Invoice Requirements The provider shall request payment through submission of a properly completed Invoice, Exhibit F, within 10 days following the end of the month for which payment is being requested. The provider shall submit to the contract manager an original Invoice, Exhibit F, and no copies, along with supporting documentation. Payment due under this contract will be withheld until the department has confirmed delivery of services. Payments may be authorized only for service units on the invoice which are in accordance with the above list and other terms and conditions of this contract. The service units for which payment is requested may not either by themselves, or cumulatively by totaling service units on previous invoices, exceed the total number of units authorized by this contract. 03/22/07 Monroe County In-Home Services 23 PSMAI No. GAO? Contract No. KG060 07/01/2007 Community Care for Disabled Adults/Fixed Price Adult Services Program 3. Supporting Documentation a. It is expressly understood by the provider that any payment due the provider under the terms of this contract may be withheld pending the receipt and approval by the department of all financial and program reports due from the provider as a part of this contract and any adjustments thereto. Requests for payment, which cannot be documented with supporting evidence, will be returned to the provider upon inspection by the department. b. The provider must maintain records documenting the total number of recipients and names (or unique identifiers) of recipients to whom services were provided and the dates the services were provided so that an audit trail documenting service provision can be maintained. D. Special Provisions 1. Fees No fees shall be assessed for services provided under this contract other Ulan those collected in compliance with Rule 65C-2.007, F.A.C. 2. Dispute Resolution a. The parties agree to cooperate in resolving any differences in interpreting this contract or in resolving any dispute related to or arising out of this contract. Within five (5) working days of execution of this contract, each party shall designate one person to act as the representative for dispute resolution purposes, and shall notify the other party of the person's name and business address and telephone number. Within five (5) working days from delivery to the designated representative of the other party of a written request for dispute resolution, the representatives will conduct a face-to-face meeting to resolve the disagreement amicably. If the representatives are unable t50 reach a mutually satisfactory resolution, either representative may request referral of the issue to the provider's Executive Director and the Department's District Program Director. Upon referral to this second step, the Executive Director and the District Program Director shall confer in an attempt to resolve the issue. b. If the Executive Director and the District Program Director are unable to resolve the issue within ten (10) days, the parties' appointed representatives shall meet within ten (10) working days and select a third representative. These three representatives shall meet within ten (10) working days to seek resolution of the dispute. If the representatives' 03/22/07 Monroe County In-Home Services 24 PSMAI No. GAO? Contract No. KG060 07/01/2007 Community Care for Disabled Adults/Fixed Price Adult Services Program good faith efforts to resolve the dispute fail, the representatives shall make written recommendations to the Secretary who will work with both parties to resolve the dispute. The parties reserve all their rights ans remedies under Florida law. 3. Florida Statewide Advocacy Council The provider agrees to allow properly identified members of the Florida Statewide Advocacy Council access to the facility or agency and the right to communicate with any client being served, as well as staff or volunteers who serve them in accordance with subsections 402.165(8) (a) & (b), F.S. Members of the Florida Statewide Advocacy Council shall be free to examine all records pertaining to any case unless legal prohibition exists to prevent disclosure of those records. 4. Transportation Disadvantaged The provider agrees to comply with the provisions of Chapter 427, F.S., Part I, Transportation Services, and Chapter 41-2, F.A.C., Commission for the Transportation Disadvantaged, if public funds provided under this contract will be used to transport clients. 5. MyFloridaMarketPlace Transaction Fee This contract is exempt from the MyFloridaMarketPlace Transaction Fee in accordance with Chapter 60A-1.032(1 )(e), Florida Administrative Code. 6. Incident Reporting The provider is required to document all reportable incidents, as defined in CFOP 215-6, Incident Reporting and Client Risk Prevention, which is incorporated herein by reference. For each critical incident occurring during the administration of its program, the provider must, within 24 hours of the incident, complete and submit an Incident Report (Exhibit G) to the contract manager for this contract. A copy of the incident report must also be placed in a central file marked "Confidential Incident Report". Dissemination of the report within the department will be the responsibility of the department's contract manager. Incidents that threaten the health, safety or welfare of any person or that place any person in imminent danger must be reported immediately to the department contract manager by telephonic contact. The information contained in the incident report is confidential. The dissemination, distribution or copying of the report is strictly prohibited. unless authorized by the department. 03/22/07 Monroe County In-Home Services 25 PSMAI No. GA07 Contract No. KG060 07/01/2007 Community Care for Disabled Adults/Fixed Price ,4dult Services Program 7. Contract Term The department and the provider agree that this contract shall be for a one year term at the provider's request. E. List of Exhibits 1. Exhibit A, Adult Screening for Consideration for Community-Based Programs 2. Exhibit B, Durable Medical Equipment Inventory 2. Exhibit C, Provider Inventory 3. Exhibit D, Monthly Cumulative Summary Reports 4. Exhibit E, Request for Approval of CCDA Care Plan Services Increase 5. Exhibit F, Invoice 6. Exhibit G, Incident Report 03/22/07 Monroe County In-Home Services 26 PSMAI No. GAD? Contract No. KG060 E~H.a., A f&(i~Il!ftf~ PART I 1, Name: AS Screening for Consideration for Community-Based Programs A. Date of Referral (Initial Contact): B. D Walk In D Phone D Other: 2, Address: C. Referral Source (include phone number): DistricURegion: 3. Phone: 4. Race Gender:_ Age/DaB: D. Relationship to Individual Being Referred 5. Marital Status: E. Is Individual Aware of Referral? DYes D No 6. Social Security Number: 7. Primary Language 8. Medicaid D Number: 9. Medicare D Number: 10, Other Insurance: 11, Financial: (for Placement & Supportive Services only) 12. Other Essential Person(s) physician, family member(s), POA, guardian, caregiver (include address and phone number) $ $ $ $ $ (S501) (SSI) (Workers Comp) (Other) Emergency Contact (and phone): (Other) 13. Directions to Home (as needed): 14. Problem/Diagnosis: 15. How Long a Problem? 17. Services Requested: 16. Urgency of Need: 18. Other Agencies Contacted for Help: 19, AS Counselor's Signature: Date: D D ~ 20, Disposition: Protective IntelVention Placement Protective IntelVention Supportive SelVlces U Short-Term Case Mgmt D Information & Referral D CCDA Application DADA /Jledicaid Waiver Appiicatlon 0 HCDA Application o CCDA Waiting List - Score _ 0 ADA Medicaid Waiver Waiting List - Score _ 0 HCDA Waiting List - Score _ 21. Due Process Pamphlet (CF/PI140-43) Given/Mailed by: Date: 22. Given to Supervisor for Review by: 24. PART I sent to Date: 23. Reviewed/Approved by Date: Date: By: 25. Referred to AS Counselor/Case Manager: CF-AA 1022, PDF 09/2005 Date: Page 1 of 4 'l.'i PART" FUNCTIONAL ASSESSMENT (ADLs AND IADLs) 26. Check sources of information used for FUNCTIONAL ASSESSMENT Section. D Individual Requesting SeNices D Other (specify): 27. Has individual requesting services had any ongoing problems with memory or confusion that seriously interfere with daily living activities? Describe: Indicate name and phone number of physician/other who is treating individual for memory/confusion problem(s): (Address all questions to the individual requesting services if possible. The purpose of these questions is to determine actual ability to do various activities. Sometimes, caregivers help the individual with an item regardless of the person's ability. Ask enough questions to make sure the individual requesting services is telling you what he/she can or cannot do.) Response Definitions No help: Individual can perform activity without assistance from another person. Some help: Needs physical help, reminders or supervision during part of the activity. Can't do it at all: Individual cannot complete activity without total physical assistance from another person. Total Score: Add numbers from "Some help" and "Can't do it at all" columns to points given in question #33, and put sum in Total Score boxes. ACTIVITIES OF DAILY LIVING (ADLs) (Read all choices before taking answer) Would you say that you need help from another person? (Does not include assistance from devices) o = No help 2 = Some help 3 = Can't do it at all Comments/Care Plan Implications: (Include services, supplies, equipment, etc) 28. Dressing (includes getting out clothes and putting them on and fastening them, and putting on shoes) 0 29. Bathing (includes running the water, taking the bath or shower and washing all parts of the body Including 0 hair) 30. Eating (includes eating, drinking from a cup and cutting foods) 0 31. Transferring (includes getting in and out of a bed or chair) 0 32. Toileting (independently includes adjusting clothing, getting to and on the toilet, and cleaning one's self. If 0 accidents occur and person manages alone, count It I as independent If reminders are needed to clean up, change diapers, or use the toilet this counts as some I help) I 33. Bladder/Bowel Control - How well can you control I your bladder or bO'Nei? 0 I -- Never have accident (0) -- Occasionally have aCCidents (2) Enter Sccre -- Often have acclcents (3) I I -- Alwavs have aCCidents (4) I ADL Total Score (Total possible score = 19) 0 Page2of4 'Lg INSTRUMENTAL ACTIVITES OF DAILY LIVING (IADLs) (Read all choices before taking answer) Would you say that you need help from another person? (Does not Include assistance from deVices) o = No help 1 = Some help 2 = Can't do it at all Comments/Care Plan Implications: (Include services, supplies, eaUloment, etc,) 34. Transportation Ability (includes uSing local transportation, paratransit, or dnving to places beyond 0 walking distance) 35. Prepare Meals (includes preparing meals for yourself including sandwiches, cooked meals and TV dinners) 0 36. Housekeeping (dusting, vacuuming, sweeping, laundry) 0 IADL Total Score 0 (Total possible score = 6) SUPPORT AND SOCIAL RESOURCES OF INDIVIDUAL REQUESTING SERVICES (No Score for Questions 37-46) 37. Check source(s) of information used for this section, o Individual Requesting Services o Other (specify): SERVICES/HELP Yes No NOTES Do you receive ... 38. Personal Care Assistance (bathing, dressing, getting out of bed, toileting and eating) 39. Housekeeping (laundry, cleaning, meals, etc) 40. Transportation 41. Shopping/Errands 42. Personal Finances (money management) 43. Services from a health professional such as an RN or Therapist? 44. Adult Day Care I I ~ 45. Home delivered meals I I (Formal only) 46. Any other kind of help I I I ( Specify) I I I Page3of4 2.9 PART III - SCORING MATRIX For items 1,2,3,4,5 and 6 in the scoring matrix below, enter the value (in parenthesis) following the question response which corresponds to the response obtained during the interview or through reviews. Example: If the answer was "yes" to the question "Is individual homebound?", a score of 1 point is placed on the line next to the answer line marked "Yes." For item 7, enter the score for ADLs and IADLs from the screening form. For item 8, subtract 40 points if the individual interested in HCDA or CCDA services appears eligible or is receiving comparable services from other programs. See the Adult Services Waiting List Policy for Community-Based Programs for a definition/description of "comparable services." Comments From Individual Requesting Services That May Result in Re-Adjustment of Score: Total Score: Add and subtract (as appropriate) the individual scores for each item to determine the total score and place the score in the box marked Total Score. Domain/Question Score 1. Is individual requesting services a victim and at high risk of abuse, neglect or exploitation based on Protective Investigator's report? Yes (4 pI) 2. Is individual requesting services a victim and at Intermediate risk of abuse, neglect, or exploitation based on Protective Investigator's Report? Yes (2 pI) 3. Does individual live alone or is individual solely responsible for minor children (under the age of 12) in the home? Yes (1 pI) 4. Is individual homebound? (See AS Screening for Consideration for Community-Based Programs INSTRUCTIONS for definition of Yes (1 pI) homebound) 5. Does individual have ongoing memory/confusion problems? Yes (2 pt.\ 6 Is individual receiving SSI or SSD because of primary diagnosis of sensory impairment? Yes (3 pI) 7. Functional Assessment: ADLs 0 (enter ADL total score) IADLs. 0 (enter IADL total score) 8. Support for Individual Requesting Services: Does individual currently receive help/services (formal/informal) In ADL or IADL deficit areas noted? No help (4 pI) Help is available but overall inadequate or changing, fragile or problematiC (2 pI) Help IS adequate overall in deficit areas (0 pI) For HCDA and CCDA Programs Only: Individual appears eligible or is receiving comparable services from other departmental programs. APD, or vocational rehabil- Itation. IDoes not Include AS programs - see waiting list policy for definition of "comparable services..') Specify program(s) to which Individual is being referred for eligibility determination and steps taken to refer indiVidual to other program(s). 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'-,: , Exhibit E Request for Approval of CCDA Care Plan Services Increase Part I: Recipient Information Name: Last name, first name, middle name or initial Date of birth Soc,al security number: Medicaid/Medicare Medical assistance number Current Address Address where services '11111 be received' County: County Status (Transfer/Existing): Describe reason for service funding increase. If individual is a transfer, indicate originating districtlagency: An Adult Services client reassessment was completed on by and If individual is an existing consumer with your agency, respective revised care plan revisions made on indicate current monthly authorized units of service by by , to service type(s): reflect that this Recipient is justifiably in need of increased Service(s) based on (check all situations which apply): o Failing Support System o Decrease in Functional Capacity o Rapidly Deteriorating Health Medicaid waiver eligibility date: Provider Information Agency name Agency contact person: Agency address: Phone: Fax: E-mail address: Part II: Summary of Recipient's Presenting Situation. (Refer to form instructions for details about the type of information required here. Use the space below or include attachment.) Part III: Proposed New Service Request. (Please Indicate the new care plan services being requested and the corresponding, anticipated service start dates) Service Anticipated start date Service Anticipated start date I I I -J I I CF-AA 1121 Mar2005 34 KG060 r J Part IV: Specific Description of Proposed New Service(s) As Tailored To Meet Recipient's Need. (Refer to the form instructions for details about the type of information required here. Use the space below or Include attachment.) Part V: Cost Detail for Proposed New Care Plan Service(s). A. Attach a Cost Detail page for each service requested in Part III. Each Cost Detail page should reflect the total annual cost of serving the consumer for that service type. Part VI: Care Plan Modification of Number of Service Units. The Budget Entity Team will not consider authorization to increase service unit quantity of an authorized service on a Recipient's care plan for any of the following documented reasons unless this section is accurately and fully completed. [To justify unit service rates, please present comparative information: unit rate quotes from a minimum of three other service agencies providing this same service within a ten mile radius; reasons for choosing this specific vendor; a statement attesting to the fact that selected vendor is a sole source provider of this service in this geographic area, etc. Attach information as necessary (e.g.. agency admimstrative costs, your agency salary scale, etc.). Refer to the form instructions.} o Failing Support System: List proposed add-on number of monthly service units by service component with annualized service costs projected to safely maintain Recipient at home and to ameliorate this risk factor. o Decrease in Functional Capacity: List proposed add-on number of monthly service units by service component with annualized service costs projected to safely maintain Recipient at home and to ameliorate this risk factor. o Rapidly Deteriorating Health: List care plan add-on number of monthly service units by service component with annualized service costs projected to safely maintain Recipient at home and to ameliorate this risk factor. Part VII. Signatures. (Please note Final approval of all requests for Care Plan increases rest with the Budget Entity Team. Providers will receive an Award Letter from the Budget Entity Team (or one of its members) when the plan has been aOI roved) Provider Agency: (Signature indicates that the information presented in this Request for Care Plan Services Date: I Increase and attachments are accurate and complete) RecipienURe presentative: (Signature Indicates that the Recipient/Representative has reviewed the Request for Date: Care Plan Services Increase and attachments.) DistricURegional Program Staff (Signature indicates that the district/regional program staff and provider have Date agreed upon the services to be funded) I DistricURegional Adult Services Program Director: I Funding Plan.) i I I (Signature indicates district/regional I approval of the Service I I I I , Date 35 KG060 Exhibit F DEPARTMENT OF CHILDREN AND FAMILIES ADULT SERVICES OFFICE MONTHLY REQUEST FOR PAYMENT AND EXPENDITURE REPORT PROVIDER FED. 10 # NAME AND MAILING ADDRESS OF PAYEE: CONTRACT AM NT.:_ REIMBURSEMENT YTD:_ CONTRACT BALANCE:_ DATE: CONTRACT#: PERIOD OF SERVICE PROVISIO,'\J: NAME OF SERVICE UNITS! AMOUNT PER UNIT! TOTAL AMOUNT OR DESCRIPTION OF MATERIALS QUANTITY EPISODE DUE TOTAL TOTAL MATCH REQUIRED PA YMENT FOR CONTRACT: REQUESTED THIS MNTH. YTD, f j~..rJ(ld [)"I,,tlllnlIH (,( LOCAL CASH MATCH Cf1:i1drE"n &- F.)lniIips LOCAL IN-KIND ~--.: """~~.-. Wi".. i TOTAL DEDUCTIONS '~ ,.- -""'. ~L REMAINING MATCH BALANCE "~"'- I.~~ ,.~ 1. -...~--~ "",," ,,--- SIGNITURE OF PREPARER APPROVED BY DATE COMPLETED TITLE -iF THIS iNvOICE IS FOR A FIXED PRiCE CONTRACT. THE REQL/EST FOR PAYMENT W:LL BE CEiERM,NED BY C)'l;CING THE LENGTH OF THE C:CNTRACT iNTO THE CSN7RACTED ,:"Iv'CUNT \EX +$12,CCC[AL'-.OCATiON] Ci\/iDES BY ~2 MON7rS [7HE LENGT'- OF THE C:ON7RACT;=S1.GC0 FA':"'\AENT REQUES:-; eN A COST REI1I/.BL:R.SEMENT ceNTRACT 7/-1E PAyr,..lENT REa-...EST '/.lLL EE ~rlE VCNTf-iL Y REQUEST EXPEI\jSE CHILDREN AND FAMILIES USE ONLY DATE INV. ReO. APPROVED BY: DATE IORG EO OBJ DESC. AMNT. IOCA 36 KG060 flr,rid.. t)('p_.noh~nf of Children & F"'nHic's ^~,""--"";>,'-s __'~ /~~:""..i' District Tracking Number (for CRITICAL incidents) 11 (District) YEAR Sequence Code Check If CLOSED Proqram Code: AS, DA, DO, ESS, FS, MH, SA EXHIBIT G DISTRICT 11 INCIDENT REPORT ',' , '. ~,,-;,,-~---'''''i (Critical incidents must be reported to District Administrator within 24 hours of notification.) CHECK IF CRITICAL 0 CONFIDENTIAL \VARt'\iING: The information contained in this report is confidential. You are hereby notified that dissemination, distribution, or copying of this document is strictly prohibited, unless authorized by the Department of Children & Families. I. IDENTIFYING INFORMATION ' Reporting Party Phone rf.: Reporting Party Name District Program Area: Specific Program: check all that apply OAMH OAS OASA DCMH OCSA ODA Doc ODD 0 ESS 0 FS Please respond to one of the following as appropriate. a, Contract Provider Name b. Foster Home Name c. OS Home Name d. DCF Facility Name e. Other Name Is this a licensed facility? 0 Yes 0 No 0 Don't know. Specific locationladdress where incident occurred: Date of Incident I I Time of Incident DCF Unit # II. TYPE OF INCIDENT . Check one box only. 1. 0 Abuse/NeglectlExploitation 2. 0 AggressionlThreat 3. Altercation: DClientlclient OClient/staff 0 Staff/staff 4. 0 Baker Act 5. 0 Bomb Threat 6. 0 Client Injury 7. 0 Client Death 8. 0 Contraband 9. 0 Criminal Activity 10. 0 Damage 11. 0 Drugs 12. 0 Elopement/Runaway 13, 0 Emergency Room Visit 14. 0 Escape 15. 0 Hospital Admission 16. 0 Illness 17. 0 Media Coverage 18. 0 Medication Issue 19.0 Misconduct 20. 0 Physical Aggression 21. 0 Self-Injurious Behavior 22.0 Sabotage 23. 0 Sexual Battery 24. 0 Suicide Attempt 25. 0 Suicide Ideation/Threat 26. 0 Theft 27. 0 Vandalism 28. 0 Other Incidents FIRST Name Birth Date III. PARTICIPANT 5 J WITNESS ES Please check one from each side . Participant Witness Other 0 0 0 0 0 0 KG060 LAST Name SS# _,_i_ _1_1- _1_1- Race Gender Client Employee Other r-1 0 [] U 0 0 0 0 0 0 37 o o o CONFIDENTIAL . , : Other Participant WHness Other _1_1- 0 0 0 0 0 0 _1_1- 0 0 0 0 0 0 _1_1- 0 0 0 0 0 0 V. CORRECTIVE ACTION AND FOllOW UP Immediate corrective action taken Is follow-up action needed? NoD YEsD If yes, specify: 38 KG060 CONFIDENTIAL VI. INDIVIDUALS NOTIFIED EXTERNAL NOTIFICATION A~ency Notified Person Contacted Status Date/Time Called Copy Abuse Registry Name Report Accepted 1-800-962-2873 0 D 10# Yes D NoD Agency for Health Care Administration Name: N/A 0 D Law Enforcement-Department Officer's Name I ! Badge # Case # (if avail) N/A 0 D ParenUGuardian/ Family Member Name Name: N/A 0 0 Other ,Please Spec,!,) Name: N/A 0 0 Other ,Please Specify) Name: N/A D D OCF (for providers only) Name: N/A D D VII. REVIEW AND SIGNATURES NAME SIGNATURE TITLE PHONE # DATE REPORTING I I EMPLOYEE --- SUPERVISOR I I --- DCF INTERNAL NOTIFICATION IndividuallA~ency Notified Date/Time Called Copy IndividuallA~ency Notified DatelTime Called Copy Client Relations 0 0 Employee Safety Program 0 0 District Administrator 0 0 Florida Local Advocacy Committee 0 0 Division Director/ H.R. Workers' Compensation Facility Director 0 0 Coordinator :employee related ine,dee:s ce!y) 0 0 District Legal Counsel 0 0 Program Office/Risk Manager 0 0 DS Support Coordinator/Case 0 0 Others - (Please specify) 0 10 Manager I EEOC 0 0 Contract Manager 10 0 Public Information Officer 0 0 1 10 '0 Missing Children's Unit I I Incident Report Liaison Senior Supervisor / I I ---I I / / 39 K0060 A TT ACH.M:ENT II The administration of resources awarded by the Department of Children & Families to the provider may be subject to audits as described in this attachment. .\10NITORING [n addition to reviews of audits conducted in accordance with OMS Circular A-[33 and Section 215.97, F.S., as revised, the department may monitor or conduct oversight reviews to evaluate compliance with contract, management and programmatic requirements. Such monitoring or other oversight procedures may include, but not be limited to, on-site visits by department staff, limited scope audits as defined by OMB Circular A-133, as revised, or other procedures. By entering into this agreement, the recipient agrees to comply and cooperate with any monitoring procedures deemed appropriate by the department. In the event the department determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the department regarding such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the department's inspector general, the state's Chief Financial Officer or the Auditor General. AUDITS PART I: FEDERAL REQUIREMENTS This part is applicable ifthe recipient is a State or local government or a non-profit organization as defined in OMB Circular A-133, as revised. In the event the recipient expends $500,000 or more in Federal awards during its fiscal year, the recipient must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular A- 133, as revised. [n determining the Federal awards expended during its tiscal year, the recipient shall consider all ,ources of Federal awards, including Federal resources received from the Department of Children & Families. The determination of amounts of Federal awards expended should be in accordance with guidelines established by OMB Circular A-133, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A-133, as revised, will meet the requirements of this part. In connection with the above audit requirements, the recipient shall fultill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised. The schedule of expenditures should disclose the expenditures by contract number for each contract with the department in effect during the audit period. The tinancial statements should disclose whether or not the matching requirement \vas met for each applicable contract. All questioned costs and liabilities dee the department shall be fully disclosed in the audit report package with reference to the specitic contract number. 02/0 I /06 40 KG060 P A.RT II: STATE REQUIREMENTS This part is applicable if the recipient is a nonstate entity as detIned by Section 215.97(2), Florida Statutes. In the event the recipient expends 5500,000 or more in state financial assistance during its fiscal year, the recipient must have a State single or project-specific audit conducted in accordance with Section 215.97, Florida Statutes; applicable rules of the Department of Financial Services: and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-protIt organizations), Rules of the Auditor General. In determining the state financial assistance expended during its fiscal year, the recipient shall consider all sources of state financial assistance, including state financial assistance received from the Department of Children & Families, other state agencies, and other nonstate entities. State financial assistance does not include Federal direct or pass-through awards and resources received by a nonstate entity for Federal program matching requirements. In connection with the audit requirements addressed in the preceding paragraph, the recipient shall ensure that the audit complies with the requirements of Section 2 I 5.97(8), Florida Statutes. This includes submission of a financial reporting package as detlned by Section 2 I 5.97(2), Florida Statutes, and Chapters 10.550 or 10.650, Rules of the Auditor General. The schedule of expenditures should disclose the expenditures by contract number for each contract with the department in effect during the audit period. The financial statements should disc lose whether or not the matching requirement was met for each applicable contract. All questioned costs and liabilities due the department shall be fully disclosed in the audit report package with reference to the specitlc contract number. PA.RT III: REPORT SUBMISSION Any repOlts, management letters, or other information required to be submitted to the department pursuant to this agreement shall be submitted within 180 days after the end of the provider's fiscal year or within 30 days of the recipient's receipt of the audit repOlt, whichever occurs first, directly to each of the following unless otherwise required by Florida Statutes: A. Contract manager for this contract (2 copies) Theresa Phelan 1111 I th Street, ;';1304 Key West, FL 33040 B. Department of Children & Families Office of the Inspector General, Provider Audit Unit Building 5, Room 237 ]3] 7 Winewood Boulevard Tallahassee, FL 32399-0700 C. Copies of the reporting packages for audits conducted in accordance with OMS Circular A-I33, as revised, and required by Part I of this agreement shall be submitted, when required by Section .320(d), OMB Circular A-] 33, as revised, by or on behalf of the recipient directly to the Federal Audit Clearinghouse designated in 0\1B Circular A- ] 33, as revised (the number of copies required by 02/0 1/06 41 KG060 Sections .320(d)(l) and (2), OMB Circular A-133, as revised, should be submitted to the Federal Auditing Clearinghouse), at the follO\ving address: Federal Audit Clearinghouse Bureau of the Census 120 I East 10th Street Jeffersonville, IN 47131 and other Federal agencies and pass-through entities in accordance \vith Sections .310(e) and (tJ, OMB Circular A-I33, as revised. D. Copies of reporting packages required by Part II of this agreement shall be submitted by or on behalf of the recipient directly to the foJIovving address: Auditor General's Office Room 401, Pepper Building I I I West Madison Street Tallahassee, Florida 32399- I 450 Providers, when submitting audit report packages to the department for audits done in accordance with OMB Circular A- 133 or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit or for-profit organizations), Rules of the Auditor General, should include, when available, correspondence from the auditor indicating the date the audit report package was delivered to them. When such correspondence is not available, the date that the audit report package was delivered by the auditor to the provider must be indicated in correspondence submitted to the department in accordance with Chapter 10.558(3) or Chapter 10.657(2), Rules of the Auditor General. PART IV: RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of this agreement for a period of six years from the date the audit report is issued and shall allow the department or its designee, Chief Financial Officer or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the department or its designee, Chief Financial Officer or Auditor General upon request for a period of three years from the date the audit report is issued, unless extended in writing by the department. 02/01/06 42 KG060 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: 6/20/2007 Division: Community Services Bulk Item: Yes X Services No Department: Social Services/ln-Home Staff Contact Person: Deb BarselL x 4510 AGENDA ITEM WORDING: Approval to ratify the County Administrator signature authority for an amendment to the Health Care for the Elderly (HCE) Contract KH 672 between the Alliance for Aging, Inc., and the BOCC that increases service capacity during the month of June 2007. ITEM BACKGROUND: The Alliance for Aging has orally provided information to the division that a minimum of $4,000 will be allocated in HCE funds to Monroe County for use prior to 6/30107. This money could not be spent in the time allotted without a quick turnaround executed contract amendment. The County Administrator will have signed the amendment in order to secure the needed funding prior to the regularly scheduled BOCC meeting on 6/20107. Additional HCE money is needed to provide essential services to the elderly living in our community. The funds do not require any local match. PREVIOUS RELEVANT BOCC ACTION: Prior approval of similar action on 01/17/07 for OAA Master Agreement PE- 729. CONTRACT/AGREEMENT CHANGES: The amendment will increase the contract amount but will not increase the local match. STAFF RECOMMENDATIONS: Approval TOTAL COST: Increase grant funds bv $4,000 or more Yes No NA COST TO COUNTY: 0 SOURCE OF FUNDS: NA REVENUE PRODUCING: Yes AMOUNTPERMONTH_ Year No X APPROVED BY: County Atty NA OMBlPurchasing NA Risk Management NA DOCUMENTA TION: Included Not Required _ X_ DISPOSITION: AGENDA ITEM # Revised 8/06 ,\. BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: 6/20/07 Division: Community Services Bulk Item: Yes --X... No Department: Social Services Staff Contact PersonlPhone #: Deb Barsell. x4500 AGENDA ITEM WORDING: Approval of Business Associate/Qualified Service Organization Agreement between Monroe County and Guidance Clinic of the .Middle Keys (GCMK) to comply with the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and 42 CFR Part 2 of the Federal Register; Monroe County agrees to provide referral services to GCMK. ITEM BACKGROUND: Monroe County Social Services Department refers clients to GCMK for behavioral healthcare services. It is a requirement under HIPAA that GMCK as a provider of health care enter into agreements with its partners to ensure the privacy and security of protected information of its clients, i.e., means information that is individually identifiable. Monroe County ensures the privacy and security of protected information of its clients. Monroe County provides funding to GCMK for the provision of behavioral healthcare and Baker Act transportation. PREVIOUS RELEVANT BOCC ACTION: NA CONTRACT/AGREEMENT CHANGES: NA STAFF RECOMMENDATIONS: Approval TOTAL COST: o BUDGETED: Yes No_NA COST TO COUNTY: o SOURCE OF FUNDS: NA REVENUE PRODUCING: Yes No X \t~ APPROVED BY: County Atty ~ OMB/Purchasing N/A Risk Management _X_ AMOUNT PER MONTH_ Year DOCUMENTATION: Included X Not Required_ DISPOSITION: AGENDA ITEM # Revised 11/06 :;J51/D1 cf'rY BUSINESS ASSOCIATE /QUALlFIED SERVICE ORGANIZATION AGREEMENT (BA/QSO Agreement) This Agreement is made effective the _11th _ day of April_. 20_07_ by and between the Guidance Clinic of the Middle Keys, Inc., hereinafter referred to as the "Clinic", and _Monroe County Social Services hereinafter referred to as "Business Associate", The Business Associate agrees to provide the Clinic with the following services: Referral Services WITNESSETH: WHEREAS, Sections 261 through 264 of the Federal Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, known as "the Administrative Simplification provisions," direct the Department of Health and Human Services todevelop standards to protect the security, confidentiality and integrity of health information; and Pursuant to the Administrative Simplification provisions, the Secretary of Health and Human Services has issued regulations modifying 45 CFR Parts 142, 160,162, and 164 (the "HIPM Privacy Rule") and, pursuant to 42 CFR Part 2 which sets forth the federal regulations governing the Confidentiality of Alcohol and Drug Abuse Patient Records, The Business Associate may have access to Protected information (as defined below) in fulfilling its responsibilities under such an agreement. In consideration of the Parties' continuing obligations for compliance with the HIPM Privacy Rule and 42 CFR Part 2, which prohibits disclosure of any PHI as defined below except as permitted or defined by law, and to protect the interests of both Parties, the Parties agree to the provisions of this Agreement. I. DEFINITIONS Except as otherwise defined herein, any and all capitalized terms in this Section shall have the definitions set forth in the HIPAA Privacy Rule and 42 CFR Part 2. In the event of an inconsistency between the provisions of this Agreement and mandatory provisions of the HIPM Privacy Rule, as amended, the HIPM Privacy Rule shall control except as provided in 42 CFR Part 2. Where provisions of this Agreement are different from those mandated in the HIPM Privacy Rule, but are nonetheless permitted by the HIPM Privacy Rule, the provisions of this Agreement shall control. The term "protected information" means individually identifiable information including, without limitation, all information, data, documentation, and materials, including without limitation, demographic, medical and financial information, that relates to the past, present, or future physical or mental health or condition of an individual; the provision of health care to an individual; or the past, present, or future payment for the provision of health care to an individual; and that identifies the individual or with respect to which there is a reasonable basis to believe the information can be used to identify the individual. Furthermore, the Business Associate: acknowledges that in receiving, transmitting, transporting, storing, processing, or otherwise dealing with any information created by or received from the Clinic identifying or otherwise relating to the clients of the Clinic (protected information) is fully bound by the provisions of the Federal regulations, 42 C.F.R. Part 2 and 45 C.F.R. Parts 160 and 164 and may not use or disclosure the information except as permitted or required by this Agreement or by law: II. CONFIDENTIALITY REQUIREMENTS (A) Business Associate agrees: (i) to use or disclose any Protected information solely: (1) for meeting its obligations as set forth in any agreements between the Parties evidencing their business relationship or (2) as required by applicable law, rule or regulation, or by accrediting or licensing organizations to whom the Clinic is required to disclose such information or as otherwise permitted under this Agreement, or the HIPAA Privacy Rule and 42 CFR Part 2, and (3) as would be permitted by the HIPAA Privacy Rule and 42 CFR Part 2 if such use or disclosure were made by the Clinic; (ii) to make available its internal practices, books, and records, including policies and procedures, relating to the use and disclosure of protected information received from the Clinic, or created or received by the Business Associate on behalf of the Clinic, to the Clinic or to the Secretary of the Department of Health and Human Services for purposes of the Secretary determining the Clinic's compliance with HIPAA; (iii) to ensure that its agents, including subcontractors, to whom it provides protected Information received from or created by Business Associate on behalf of Clinic, agrees to the same restrictions and conditions that apply to the Business Associate with respect to such information. In addition, the Business Associate agrees to take reasonable steps to ensure that its employees' actions or omissions do not cause Business Associate to breach the terms of this Agreement. (iv) to document disclosures of protected information, and information related to such disclosures, as would be required for the program to BA.QSO Agreement Revised 3.07 (i) If necessary, for the proper management and administration of the Business Associate or to carry out the legal responsibilities of Business Associate, provided that as to any such disclosure, the following requirements are met: (a) The disclosure is required by law; or (b) Business Associate obtains reasonable assurances from the person to whom the information is disclosed that it will be held confidentially and used or further disclosed only as required by law or for the purpose for which it was disclosed to the person, and the person notifies Business Associate of any instances of which it is aware in which the confidentiality of the information has been breached; (ii) for data aggregation services, if to be provided by Business Associate for the health care operations of Clinic pursuant to any agreements between the Parties evidencing their business relationship. For purposes of this Agreement, data aggregation services means the combining of protected information by Business Associate with the protected information received by Business Associate in its capacity as a business associate of another covered entity, to permit data analyses that relate to the health care operations of the respective covered entities. III. TERMINATION Notwithstanding anything in this Agreement to the contrary, Clinic shall have the right to terminate this Agreement immediately if Clinic determines that Business Associate has violated any material term of this Agreement. If Clinic reasonably believes that Business Associate will violate a material term of this Agreement and, where practicable, Clinic gives written notice to Business Associate of such belief within a reasonable time after forming such belief, and Business Associate fails to provide adequate written assurances to Clinic that it will not breach the cited term of this Agreement within a reasonable period of time given the specific circumstances, but in any event, before the threatened breach is to occur, then Clinic shall have the right to terminate this Agreement immediately. IV. MISCELLANEOUS Except as expressly stated herein or the HIPAA Privacy Rule or 42 CFR Part 2, the parties to this Agreement do not intend to create any rights in any third parties. The obligations of Business Associate under this Section shall survive the expiration, termination, or cancellation of this Agreement, the Arrangement Agreement and/or the business relationship of the parties, and shall continue to bind Business Associate, its agents, employees, contractors, successors, and assigns as set forth herein. This Agreement may be amended or modified only in a writing signed by the Parties. No Party may assign its respective rights and obligations under this Agreement without the prior written consent of the other Party. None of the BA.QSO Agreement Revised 3.07 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: June 20. 2007 Division: Community Services Bulk Item: Yes ~ No Department: Staff Contact PersonlPhone #: Deb BarselllX4500 AGENDA ITEM WORDING: Approval ofInterlocal Agreement (!LA) between Monroe County and School Board of Monroe County (School Board) to cooperate in support of the Just 4 Kids (J4K) program operated under a 50l(c) (3), Monroe County Education Foundation. ITEM BACKGROUND: J4K provides services such as Keeping Our Kids Fit outreach, art classes, Art Against Graffiti, 1 st Response Hurricane Relief, and prom clothing assistance for children in need throughout Monroe County. The School Board provides the J4K director with office space, communications, and storage of equipment and supplies. J4K seeks to stabilize its administration through this ILA. On 5/14/07, the School Board requested that the BOCC provide a maximum FY 07 payment of $65,000 (retroactive to 10/1/06) to the School Board for the support of J4K. Currently, the director is a volunteer with no paid staff This funding will allow for J4K to continue with paid administrative staff rather than to continue an operation that is dependent solely on volunteers. PREVIOUS RELEVANT BOCC ACTION: On 9/20106, BOCC deferred action on an ILA with the School Board to cooperate in support of J4K. BOCC requested staff to work with the School Board to revise the ILA to address the change in the relationship between J4K and National Heritage Foundation. BOCC requested that the revised ILA be presented for approval when completed. In FY'06, the BOCC supported J4K by providing $25,000 to National Heritage Foundation to provide services as recommended by the Human Services Advisory Board. CONTRACT/AGREEMENT CHANGES: NA STAFF RECOMMENDATIONS: Approval TOTAL COST: $65.000 BUDGETED: Yes ~ No COST TO COUNTY: $65.000 SOURCE OF FUNDS: General Fund REVENUE PRODUCING: Yes No -..X AMOUNT PER MONTH_ Year APPROVED BY: County Atty ~ O!\.1B/Purchasing ~ Risk Management _X_ Not Required_ DOCUMENT A TION: Included X DISPOSITION: AGENDA ITEM # Revised 11/06 Community Services Division The Historic Gato Cigar Factory 1100 Simonton Street, Suite 2-257 Key West, Florida 33040 (0) 305.292.4510 (f) 305.292.4417 barsell-debbie<illmonroecountv-fi.qov ,'~ ..... ,.............-- r BOARD OF COUNTY COMMISSIONERS Mayor Charles "Sonny" McCoy, District 3 Mayor Pro Tem Dixie M. Spehar, District 1 George Neugent, District 2 Mario Di Gennaro, District 4 Glenn Patton, District 5 OK~~Y ~o~~~~E (305) 294-4641 May 30, 2007 TO: FROM: Monroe County$Oard of County Commissioners Deb Barsell,'~community Services Division Interlocal Agreement (ILA) with School Board of Monroe County in Support of Just 4 Kids SUBJECT: Just 4 Kids (J4K) is a program that operates throughout Monroe County, serving over 2,100 children last year. Its stated mission is "to provide services and programs to ALL children who endure hardship situations helping them to attain personal growth, security, self esteem and positive self worth." It has been operating in the Keys for over a decade through the hard work and dedication of its volunteer director. In FY '06, the BOCC provided J4K $25,000 for supplies as recommended by the Human Services Advisory Board (HSAB). J4K has been working with the County Administrator's, County Attorney's, and the School Superintendent's Offices for over a year to determine a mechanism for providing ongoing assistance to this program for children. The School Board has been and continues to provide J4K office and storage space and communications. Both the County and the School Board want to see the future of the program stabilized. The current volunteer director has operated the program since its inception without paid staff. Continued long-term volunteer commitment seems unlikely as a mechanism to staff J4K. Approval of the ILA is intended to fund the compensation of a full-time program director, part-time office staff, and hourly art instructors. An ILA was presented to the BOCC on 9/20/06, which was not approved due to the need for revisions requested by the County Clerk. Two additional meetings were held immediately thereafter between School and County staff, the results of which were for the School Board to retool the ILA for the County Attorney's Office to review. Further negotiation would be conducted once the ILA was received by the County. The revised ILA was received by this division from School staff on 4/12/07. The County Attorney's Office returned a fully revised ILA to School staff on 5/14/07 when the County Administrator, School Superintendent, Assistant County Attorney, CSD Director, attorney representing the School, and J4K representatives met. At that meeting it was communicated that a retroactive ILA commencing on 10/1/06 was desired by the School Board. The attached ILA provides the School Board with $65,000 in FY '07 (10/1/06-9/30/07) in support of J4K. The School Board will continue to provide office and storage space, communications, and enter into an agreement with the Monroe County Education Foundation - the charitable organization under which J4K will operate - to secure the services offered to children suffering hardships throughout the County. Staff recommendation is noted in the Agenda Summary. MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: School Board Monroe Co Contract #_ Effective Date: Expiration Date: October 1, 2006 September 30, 2007 Contract Manager: David Owens (Name) 4482 (Ext. ) #1 (Department/Stop #) for BOCC meetin on 6/20/07 enda Deadline: 615107 CONTRACT COSTS Total Dollar Value of Contract: $ 65,000 Budgeted? Y es~ No D Account Codes: Grant: $ NIA County Match: $ NI A Current Year Portion: $ 65,000 001~1530-S30340- - - - - - ----- - - - - ----- - - - - ----- CONTRACT REVIEW Division Director ~7~ 7 Risk Mana~menh ~-7 YesD N00 I .... f.)1.u e,'i I -,tP I O.M.B.lPurc~asing t:, ;2-61 YesDN~ ~} CountyAttomey t...h)g? YesDNoB' ~-, Comments: OMB Form Revised 2/27/01 MCP #2 COUNTY shall provide SCHOOL BOARD up to a maximum of Sixty-five Thousand Dollars ($65,000.00) in funding for fiscal year 2006-7 according to the terms of payment in Paragraph 3. B. SCHOOL BOARD RESPONSIBILITY: This Agreement is contingent upon an agreement being executed between SCHOOL BOARD and FOUNDATION, and providing a copy of the executed agreement to COUNTY. SCHOOL BOARD shall enter into an agreement with the FOUNDATION to provide space and support for the Just 4 Kids (J4K) program and its related activities. These include but are not limited to: Keeping Our Kids Fit outreach service, J4K art classes, Art Against Graffiti, J4K 1st Response Hurricane Relief, PROM clothing assistance, storage of equipment and supplies, and a small office for the PROGRAM Director. That agreement shall provide for speCific requirements as detailed below including receiving and processing invoices, verifying the provision of services, and sending invoices with service verification to the COUNTY for payment. (1) AGREEMENT PROVISIONS: The agreement between SCHOOL BOARD and FOUNDATION shall, at a minimum, provide: (a) The FOUNDATION must furnish to the SCHOOL BOARD: evidence of the organization's 501(c)(3) status; a list of the organization's Board of Directors; an annual audited financial report; a copy the organization's mission; a copy of the organization's Corporate Policies and Procedures Manual which must include hiring policies for all staff, drug and alcohol free workplace provisions, and equal employment opportunity provisions. Additionally, any employer or sub-contractor of the FOUNDATION shall provide to SCHOOL BOARD and COUNTY semi-annual performance reports, which should include performance measurements which will demonstrate the level of accomplishment of goals for which funding has been provided; other reasonable reports and information related to compliance with applicable laws, contract provisions and the scope of services. (b) The FOUNDATION shall maintain and keep for a period of four (4) years, appropriate records to insure a proper accounting of all funds and expenditures, and shall provide a clear financial audit trail to allow for full accountability of funds received from its Board. Access to these records shall be provided during weekdays, 8 a.m. to 5 p.m., upon request of the SCHOOL BOARD, the COUNTY, the State of Florida, or their authorized agents and representatives. (c) The FOUNDATION shall be responsible for repayment of any and all audit exceptions which are identified by the Auditor General of the State of Florida, the SCHOOL BOARD, the Clerk of Court for Monroe COUNTY, an independent auditor, or their agents and representatives. In the event of an audit exception, the current fiscal year contract amount or subsequent fiscal year contract amounts shall be offset by the amount of the audit exception. In the event this agreement is not renewed or continued in subsequent years through new or amended contracts, the FOUNDATION shall be billed by the SCHOOL BOARD for the amount of the audit exception and the FOUNDATION shall promptly repay any audit exception. (d) The FOUNDATION covenants and agrees to indemnify and hold harmless SCHOOL BOARD and COUNTY from any and all claims for bodily injury (including death), personal injury, and property damage (including property owned by Monroe County) and any other losses, damages, and expenses (including attorney's fees) which arise out of, in connection with, or by reason of services provided by FOUNDATION or Just 4 Kids, including their employees, agents, volunteers, or assigns and for those occasioned by the negligence, 23. COVENANT OF NO INTEREST. COUNTY and SCHOOL BOARD 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. 24. NO ASSIGNMENT. The SCHOOL BOARD shall not assign this agreement except in writing and with the prior written approval of the 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 and any assignee shall comply with all of the provisions herein. 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 reimbursement amount for the services of the SCHOOL BOARD. 25. NON-WAIVER OF IMMUNITY. Notwithstanding the provIsions of Sec. 286.28, Florida Statutes, the participation of the COUNTY and the SCHOOL BOARD 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. INDEMNITY ISSUES 26. INDEMNIFICATION AND HOLD HARMLESS. To the extent allowed by law, the SCHOOL BOARD 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 SCHOOL BOARD occasioned by the negligence, errors, or other wrongful act or omission of the SCHOOL BOARD's employees, agents, or volunteers. 27. PRIVILEGES AND IMMUNITIES. All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the COUNTY, when performing their respective functions under this Agreement within the territorial limits of the County shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the County. 28. 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. 29. LEGAL OBLIGATIONS AND RESPONSIBILITIES: Non-Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed ATTACHMENT A ORGANIZATION LETTERHEAD Monroe County Board of County Commissioners Finance Department 500 Whitehead Street Key West, FL 33040 Date The following is a summary of the expenses for ( Organization name) for the time period to . of Check # Payee Reason 101 Company A Rent 102 Company B Utilities 104 Employee A P/R ending 05/14/01 105 Employee B P/R ending OS/28/01 Amount $ X,XXX.XX XXX.XX XXX.XX XXX.XX (A) Total $ X.XXX.XX (B) Total prior payments $ X,XXX.XX $ X,XXX.XX $ X,XXX.XX $ X.XXX.XX (C) Total requested and paid (A + B) (D) Total contract amount Balance of contract (D-C) I certify that the above checks have been submitted to the vendors as noted and that the expenses are accurate and in agreement with the records of this organization. Furthermore, these expenses are in compliance with this organizations_ contract with the Monroe County Board of County Commissioners and will not be submitted for reimbursement to any other funding source. Executive Director Attachments (supporting documentation) by Sworn to and subscribed before me this _ day of who is personally known to me. 2007 Notary Public Notary Stamp BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: 6-20-2007 Division: Community Services Bulk Item: Yes l No Department: Social Services Staff Contact Person: Dee Simpson. x4589 AGENDA ITEM WORDING: Approval of the Alzheimer's Disease Initiative (ADI) contract #KZ 797 between the Alliance for Aging, Inc. (Area Agency on Aging) and the Monroe County Board of County Commissioners (Community Services/In-Home Services) for fiscal year 7/1/07 to 6/30/08. ITEM BACKGROUND: The approval of this ADI Contract will enable Monroe County In-Home Services to continue providing services to Monroe County's elderly population under the Alzheimer's Disease Initiative program. PREVIOUS RELEVANT BOCC ACTION: Prior approval granted to the Alzheimer's Disease Initiative (ADI) Contract #KZ 697 on June 21,2006 CONTRACT/AGREEMENT CHANGES: none STAFF RECOMMENDATIONS: Approval TOTAL CosT:approx.1~i.~~.60. / % COST TO COUNTY: ~51r~(~~irCtL . Valorem Additional match will be required to cover personnel costs. Yes -2L No SOURCE OF FUNDS: Ad REVENUE PRODUCING: Yes ~ No AMOUNT PER MONTH approx $50.00 r:. ~ Year approx $600.00 APPROVED BY: County Atty ---.X---. O~lPurchasing --X- Risk Management _ X_ DOCUMENTATION: Included Not Required_ To Follow X DISPosmON: AGENDA ITEM # Revised 8/06 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Alliance For Aging, Inc. Contract Effective Date: July 1,2007 Expiration Date: June 30, 2008 Contract PurposelDescription: Approval of the Alzheimer's Disease Initiative (ADI) Contract #KZ797 between the Alliance for Aging, Inc. and the Monroe County Board of County Commissioners (Monroe County Community Services!In-Home Servi:r) for Fi,:",' year July 1,2007 through June 30, 2008. Contract Manager: ~ 4589 Social Services/Stop 1 (Name) 7 (Ext.) (Department/Stop #) For BOCC meeting on 6/20/2007 Agenda Deadline: 6/512007 CONTRACT COSTS ,3, '2.00, ~ Total Dollar Value of Contract: approx.-$11,818.00 Budgeted? Yes X No 0 Account Codes: 1:> 73~1 County Match: Required $5,~30.M Additional Match: *additional match will be required to cover personnel costs. Total Match $5,930.00 73;;).. J Estimated Ongoing Costs? $ (Not included in dollar value above) Current Year Portion: $ 125 - 6153607 /yr ADDmONAL COSTS For: (e. g. Maintenance, utilities, ianitorial, salaries, etc) CONTRACT REVIEW Division Director & t;7::7 lo~ ~~07 Changes Needed Yes 0 Nog/' , - )-07 Risk MaIl3&ement ~;~ 5\-\1 . .B.lPurc~ing " S? ~C> 7 County Attorney 6 /~/o\) Yes 0 Yes 0 YesO No~ Comments: OMB Form Revised 2/27/01 MCP #2 Resolution No. OMB Schedule Item Number 15 - 2007 A RESOLUTION CONCERNING THE RECEIPT OF UNANTICIPATED FUNDS WHEREAS, it is necessary for the Board of County Commissioners of Monroe County, Florida, to increase items to account for unanticipated funds in the Monroe County Budget for the Fiscal Year 2007 now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that the following accounts of the Monroe County Budget for the Fiscal Year 2007 be and the same is hereby increased by the amount hereinafter set forth: Fund #125 - Governmental Fund Type Grants Cost Center # 6153607 - Alzheimer's Disease Initiative Offcl/Div# 1016 Function 5600 Activity 5640 Revenue: 125-6153607-3346900H- State Grants 125-6153607-369001SH- Program Income 125-6153107-381001GT Trnsfer fm Gen. Fund 001 $ 65,888.00 600.00 7,320.89 Total Revenue $ 73,808.89 Appropriations: 125-6153607-510120-Salaries 125-6153607-510210-Fica 125-6153607 -51 0220-Retirement 125-6153607-510230-Group Insurance 125-6153607-510240- Worker's Compensation 125-6153607-530400- Travel 125-6153607-530410-Communications & Postage 125-6153607-530451-Risk Management 125-6153607 -5304 70- Printing 125-6153607 -530498-Advertising 125-6153607-53051O-0ffice Supplies 125-6153607 -530520-0perating Supplies $48,623.89 4,500.00 4,000.00 12,285.00 2,000.00 1,000.00 50.00 900.00 50.00 50.00 200.00 150.00 Total Appropriations: $73,808.89 BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon receipt of the above unanticipated funds, is hereby authorized and directed to place funds in said items, as set forth above. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 20th day of June AD 2007. Mayor Di Gennaro Mayor Pro Tern Spehar Commissioner McCoy Commissioner Neugent Commissioner Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: (Seal) Attest: DANNY L. KOLHAGE, Clerk Mayor/Chairman Item 15 uant adi kz797 07-08 6153607 CONTRACT KZ-797 Page 1 ALZHEIMERS' DISEASE INITIATIVE CONTRACT 2007 -2008 THIS AGREEMENT is entered into between the Alliance for Aging, Inc., hereinafter referred to as the "Alliance," and Monroe County Board of Commissioners, hereinafter referred to as the "recipient." This agreement is subject to all provisions contained in the MASTER AGREEMENT executed between the Alliance and the Recipient, Agreement No. PA429, and its successor, incorporated herein by reference. I. Recipient Agrees: A. Services to be Provided: 1. The recipient's service provider application for state fiscal year 2007 and any revisions thereto approved by the Alliance and located in the contract manager's file, are incorporated by reference in this contract between the Alliance and the recipient, and prescribe the services to be rendered by the recipient. 2. Consumers may not be enrolled in a Department of Elder Affairs' state general revenue funded program, including ADI, who are also enrolled in a Medicaid capitated long-term care health plan or program. These programs include the Frail Elder Program operated by United Health Care, the Channeling Program operated by Miami Jewish Home and Hospital for the Aged, the Long Term Care Community Diversion Program and the Program of All Inclusive Care for the Elderly (PACE) program scheduled to begin operation in the Miami-Dade County area. B. Manner of Service Provision: The services will be provided in a manner consistent with and described in the recipient's service provider application for state fiscal year 2007 and the Department of Elder Affairs Home and Community Based Services Handbook dated 01103. In the event the handbook is revised, such revision will automatically be incorporated into the contract and the recipient will be given a copy of the revisions. II. The Alliance Agrees: A. Contract Amount: To pay for services in an amount not to exceed $65.888.00, subject to the availability of funds. Obligation to Pay: The Alliance's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Legislature. B. Source of Funds: 1 CONTRACT KZ-797 Page 2 The costs of services paid under any other contract or from any other source are not eligible for reimbursement under this contract. The funds awarded to the recipient pursuant to this contract are in the state grants and aids appropriations. III. Recipient and Alliance Mutually Agree: A. Effective Date: 1. This contract shall begin on July 1, 2007 or on the date the contract has been signed by both parties, whichever is earlier. 2. Delivery of services shall end on June 30, 2008. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their undersigned officials as duly authorized. PROVIDER: Monroe County Board of Commissioners ALLIANCE FOR AGING, INC. SIGNED BY: SIGNED BY: Max B. Rothman, JD, LL.M. NAME: NAME: President & CEO TITLE: TITLE: DATE: DATE: MONROE COUNTY ATTORNEY PPROVED AS TO RM' I. . 2 CONTRACT KZ-797 Page 3 ATTACHMENT I ALZHEIMER'S DISEASE INITIATIVE PROGRAM I. STATEMENT OF PURPOSE The Alzheimer's Disease Initiative (ADI) Program is focused on caring for persons 18 + with memory disorders. II. SERVICES TO BE PROVIDED A. Services: 1. The recipient's service provider application for state fiscal year 2007 and any revisions thereto approved by the Alliance and located in the contract manager's file, are incorporated by reference in this contract between the Alliance and the recipient, and prescribe the services to be rendered by the recipient. 2. Consumers may not be emolled in a Department of Elder Affairs' state general revenue funded program, including ADI, who are also emolled in a Medicaid capitated long-term care health plan or program. These programs include the Frail Elder Program operated by United Health Care, the Channeling Program operated by Miami Jewish Home and Hospital for the Aged, the Long Term Care Community Diversion Program operating in Planning and Service Areas 7 and 9, and any other areas that may participate in the Long Term Care Diversion Program through expansion and the Program of All Inclusive Care for the Elderly (PACE) program scheduled to begin operation in the Miami-Dade County area. B. Manner of Service Provision: The services will be provided in a manner consistent with and described in the recipient's service provider application for state fiscal year 2007 and the Department of Elder Affairs Home and Community Based Services Handbook dated 01/03. In the event the handbook is revised, such revision will automatically be incorporated into the contract and the recipient will be given a copy of the revisions. III. METHOD OF PAYMENT A. The method of payment in this contract is based on a fixed rate reimbursement for approved services. The recipient must ensure fixed rates include only those costs that are in accordance with all applicable state and federal statutes and regulations and are based on audited historical costs in instances where an independent audit is required. All requests for payment and expenditure reports submitted to support requests for payment shall be on DOEA forms 106Z and 105Z. Duplication or replication of both forms via data processing equipment is permissible, provided all data elements are in the same format as included on departmental forms. B. The recipient shall maintain documentation to support payment requests which shall be available to the Comptroller, the Department of Elder Affairs, or the Alliance upon request. 3 CONTRACT KZ-797 Page 4 C. The recipient shall maintain documentation to support payment requests which shall be available to the Alliance, the Department of Elder Affairs or the Comptroller upon request. D. The recipient may request a monthly advance for service costs for each of the first two months of the contract period, based on anticipated cash needs. Detailed documentation justifying cash needs for advances must be submitted with the signed contract, approved by the Alliance, and maintained in the contract manager's file. All payment requests for the third through the twelfth months shall be based on the submission of montWy actual expenditure reports beginning with the fust month of the contract. The schedule for submission of advance requests is A TT ACHMENT II to this contract. Reconciliation and recouping of advances made under this contract are to be completed by the time the fmal payment is made. All advance payments are subject to the availability of funds. E. Advance funds may be temporarily invested by the recipient in an insured interest bearing account. All interest earned on contract fund advances must be returned to the Alliance within thirty (30) days of the end of the fust quarter of the contract period. F. The Alliance shall make payment to the provider for provision of services up to a maximum number of units of service and at the rate( s) stated below: Service Maximum Maximum Service to be Provided Unit Rate Units of Dollars Service In Home Respite $24.03 2,742 $65,888 G. Any payment due by the Alliance under the terms of this contract may be withheld pending the receipt and approval by the Alliance of complete and accurate financial and programmatic reports due from the recipient and any adjustments thereto, including any disallowance not resolved as outlined in Section I.T. of the Master Agreement. IV. SPECIAL PROVISIONS A. State Laws and Regulations: The recipient agrees to comply with applicable parts of Rule 58D-1, Florida Administrative Code promulgated for administration of Sections 430.501 through 430.504, Florida Statutes, and the Department of Elder Affairs Client Home and Community Based Services Handbook dated 01/03. B. Assessment and Prioritization for Service Delivery for New Consumers: The following are the criteria to prioritize new consumers for service delivery. It is not the intent of the Department of Elder Affairs to remove existing clients from any program in order to serve new clients being assessed and prioritized for service delivery. 1. Priority Criteria for Service Delivery: 4 CONTRACT KZ-797 Page 5 a. individuals in nursing homes under Medicaid who could be transferred to the community; b. individuals in nursing homes whose Medicare coverage is exhausted and may be diverted to the community; c. individuals in nursing homes which are closing and can be discharged to the community; or d. individuals whose mental or physical health condition has deteriorated to the degree self care is not possible, there is no capable caregiver and institutional placement will occur within 72 hours. 2. Priority Criteria for Other Assessed Individuals: The assessment and provision of services should always consider the most cost effective means of service delivery. Functional impairment shall be determined through the department's consumer assessment form administered to each applicant. The most frail individuals not prioritized in groups one, two or three above, regardless of referral source, will receive services to the extent funding is available. C. Co-payment Collections: 1. The recipient will establish annual co-payment goals. The Alliance also has the option to withhold a portion of the recipient's Request for Payment if goals are not met according to the Department of Elder Affairs' co-payment guidelines. 2. Co-payments include only the amounts assessed consumers or the amounts consumers opt to contribute in lieu of an assessed co-payment. The contribution must be equal to or greater than the assessed co-payment. D. Evaluation, Statistics and Reports The recipient agrees to respond to requests for evaluation information and statistical data concerning its consumers based on information requirements of the Memory Disorder Clinics and Brain Bank. The recipient will ensure Model Day Care Centers supported by this contract develop innovative therapies and interventions which can be shared with other Alzheimer's Disease Initiative health and social services personnel via training. Model Day Care Centers supported by this contract must report to the provider all training activities provided to health care and social service personnel and caregivers, as well as serve as a natural laboratory for service related applied research by Memory Disorder Clinics. An annual Model Day Care Center Training Report, ATTACHMENT IV, is due by July 5, 2007. E. Collaboration with Memory Disorder Clinics: Memory Disorder Clinics are required to provide four hours of in-service training to all respite and model day care centers in their designated service areas. The recipient agrees to collaborate with Memory Disorder Clinics to assist in this effort. F. Service Cost Reports: 5 CONTRACT KZ 697 Page 6 The recipient will submit semi-annual service cost reports which reflect actual costs of providing each service by program. This report provides information for planning and negotiating unit rates. 6 Report Number 1 2 3 4 5 6 7 8 9 10 11 12 13 14 16 Leqend: Note # 1: Note # 2: CONTRACT KZ 697 Page 7 ATTACHMENT II ALZHEIMER'S DISEASE INITIATIVE PROGRAM CONTRACT REPORT CALENDAR Based On July Advance * . ... ... .... ... ... ... ...... ... ... ... ..... ...... .......... ....... August Advance * .... .......... ..... ... ... ........ .... .... ..... ... ...... .... July Expenditure Report .. ....................... ... .......... ... ........... August Expenditure Report ....................... ... ... ... ..... .... ....... September Expenditure Report .... ...... ............ .......... ........... October Expenditure Report .......... ......... ......... ... ............. ... November Expenditure Report .. ..... .... ... ...... ........ ... ...... .... ... December Expenditure Report. ... ... ... ............... ................ ... January Expenditure Report .. ..... ... ....... ... ... ......... ......... ... ... February Expenditure Report. ... .... ...... ... ......... ..... ... ...... '" ... March Expenditure Report. ... ....... ........... ... ....... ... ..... ....... ... April Expenditure Report ........ ... ... ..... .... ........... ......... ......... May Expenditure Report/July Advance Reconciliation ** ........... June Expenditure Report/August Advance Reconciliation ** ...... Final Expenditure and Closeout Report. . . . . . . . . . . . . . ... * Advance based on projected cash need. ** Submit to the Alliance on This Date July 1 July 1 August 10 September 10 October 10 November 10 December 10 January 10 February 10 March 10 April 10 May 10 June 10 July 10 July 20 Submission of expenditure reports mayor may not generate a payment request. If final expenditure report reflects funds due back to the Alliance, payment is to accompany the report. Report #1 for Advance Basis Contracts cannot be submitted to the Alliance prior to July 1 or until the contract with the Alliance has been executed. Actual submission of the vouchers to the Department of Elder Affairs is dependent on the accuracy of the expenditure report. The last two months of the recipient's fiscal reports covering actual expenditures should reflect an adjustment repaying advances for the first two months of the contract. 7 r, CONTRACT KZ 697 Page 8 ATTACHMENT III ANNUAL MODEL DAY CARE CENTER TRAINING REPORT Model Day Care Center Name: Printed Name of Person Completing Report Signature of Person Completing Report Date Executed The purpose of each model day care program must be to provide service delivery to persons suffering from Alzheimer's disease or a related memory disorder and training for health care and social service personnel in the care of persons having Alzheimer's disease or related memory disorders. This report documents the required training for the State Fiscal Year July 1 st through June 30th. Number Number Total Actual Training Event(s) Health Care Social People Professionals Services Trained Trained Personnel Trained Training Title: Date: Training Summary: * * * * * * 8 TIUS AGREEMENT is entered into between tbe Allianee for Agillg IIIc. bereillafter referred to as tbe "Alliallce," and lIfonroe County Board of CommiS~ion~rs bereinafter referred to as tbe "recipient." Tbis agreement is sUbjcct to all pro'isions CO~tained in tbe MASTER AGREEMENT eXecuted between tbe Alliance and the ReciPient, Agrcement No. PA429, alld Its succesSor, Incorporated herein by refercnce. I. ReCipient Agrees: A Services to be Provided: AlZHE/lIfERS' DiSEASE INIT/A TlVE CONTRACT 2006-2007 CONTRACT Kz 697 Page 1 B. lIfanner of Service Provision, I. n,~ :ecipient's service pro'idcr apPlication for state liscal year 2006 and any re"Slons thereto apProY'ed by the Alliance and located in the COntract manager's tiJ~, are lOcorporated by reference in this Contract between the AI/iance and the recIPIent, and prescribe the se"'ices to be rendered by the recipient. 2. Consumers may not be enrol/ed in a Department of Elder Affairs' state general re.enUe IUnded program, inClUding AD!, who are also enrol/cd in a Medicaid eapltated long.term care health plan or program. These programs inclUde the FraIl f!Jder Program op~rated by United Health Care. the Channeling Program Operated by MIamI JcwlSh Home and HOSPital for 'he Aged, the Long Term Care Community D"crsion Program and the Program of AI/ Inclusive Care for the Elderly (PACE) program Scheduled to begin oPcra/ion in the Miami'Dade COunty area. II. The Alliance Agrees: The ~erv ices wi 1/ be Provided in a manner cOllsi stent with and describcd in the ree iPient' s serwce prOVIder app/'catlOII for state liscal year 2006 and the Department off!Jdcr ' \ Ii,"s H~me and COmm Un ity Bascd Sc", ices Handbook datcd 0 1i0 3. III the e""/the handbOOk ~s reWsed. sueh!evision Will automatical/y be illeorpOrated illto the COntract alld the reClPICnt WII/ be g"en a COpy of the revisiolls. A Contract AmOunt: fo pay for services ill an amOunt not to eXcced ~88.00 Subject to 'hc aYailahilit} of filOds. ~, Obligation to Pay: The AI/iancc's pe:formance and ohligation to pay undcr this COntract is Contingent liNn an annlla! approPfla"on by the LeglSlatllrc B. Source of FUnds: The cOSIs ofserYiees paid under any other COntract or from any other source are not e},~.'ble for re!mbursement under this cnntract. The funds aWa~ded to thc recipient pur.Uilnt to thIS Contract are m the state grants and aids appropriations. ~ CONTRACT KZ 697 Page 2 III. Recipient and Alliance Mutually Agree: A. Effective Date: 1, This contract shall begin on July 1, 2006 or on the date the contract has been signed by both parties, whichever is earlier. 2, Delivery of services shall end on June 30, 2007. IN WITNESS WHEREOF, the parties hereto have caused this 2-page agreement to be executed by their undersigned officials as duly authorized. PROVIDER: SIGNED BY: Monroe C~ty Board of comr;:(}ners I ' Charles "Sonny" McCoy / - SIGNED BY: ALLIANCE FOR AGING, INC. /~ ' I J, " I .;v ,,- \ I r. / " 'l.._)0001 \ i ~ Pedro Jove. ,,) NAME: NAME: President & CEO TITLE: Mayor/Chairman TITLE: \;;( >Sv ( cJ YJ DATE: June 21, 2006 DATE: BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY MEETING DATE: 6-20-2007 DIVISION: COMMUNITY SERVICES BULK ITEM: YES X NO DEPARTMENT: SOClALSERVICES 4589 STAFF CONTACT PERSON: DELORIS SIMPSON. EXT. AGENDA ITEM WORDING: Approval of the Home Care for the Elderly (HCE) Case Management Contract #KH 772 between the Alliance for Aging, Inc. and the Monroe County Board of County Commissioners (Monroe County Social Services/In-Home Services Program) for Fiscal Year July 1, 2007 through June 30, 2008. ITEM BACKGROUND: The approval of this HCE contract will enable Monroe County In-Home Services to continue providing services to Monroe County's elderly population under the Home Care for the Elderly Grant. PREVIOUS RELEVANT BOCC ACTION: Prior approval granted to the Home Care for the Elderly (HCE) Case Management Grant Contract KH-672 on June 21,2006. CONTRACT/AGREEMENT CHANGES: none STM'}' RECOMMENDATION: Approval 'ft> I t{ HoG::, ~ TOTAL COST: approx: $13,~97.50 Y(/ COST TO COUNTY: Case Management Only -$1,147.50 -Requireb, )41ltJ ?r Additional match will be required to cover personnel costs. Total Combined Match $4,761. 08 REVENUE PRODUCING: YES NO X AMT.PER MONTH YEAR . - ~~ APPROVED BY: COUNTY ATTY. /OMB/Purchasing -1L RISK MANAGEMENT BUDGETED: YES-L NO_ SOURCE OF FUNDS: Ad Valorem Taxes ....x DOCUMENTATION: INCLUDED_TO FOLLOW _ X___ NOT REQUIRED ~___ DISPOSITION: AGENDA ITEM#: Revised 8/06 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Alliance For Aging, Inc. Contract HCE # KH-772 Effective Date: July 1, 2007 Expiration Date: June 30, 2008 Contract PurposelDescription: Approval of the Home Care for the Elderly (HCE) Case Management Contract #KH 772 between the Alliance for Aging, Inc. and the Monroe County Board of County Commissioners (In- Home Services Program) for Fiscal Year July 1, 2007 through June 30, 2008. Contract Manager: For BOCC meetin on 4589 (Ext. ) Social Services/Stop 1 (Department/Stop #) A enda Deadline: 6/5/2007 CONTRACT COSTS ~141Ilc&?-- Total Dollar Value of Contract: approx. $.13,897.50 Current Year Portion: $ Budgeted? Yes X No 0 Account Codes: 125 - 6153907 Grant: $ 12,750.00$ I, '-! I ~ ~ County Match: $1,147.5Q (Case Mgt Only)Required. . Additional Match will be required to cover personnel costs. Total Match approx:-$l, 14'7. 50/'Q....../ ~\ttt(, rtJ Estimated Ongoing Costs: $ Iyr (Not included in dollar value above) ADDITIONAL COSTS For: (ee.. Maintenance, utilities, ianitorial, salaries, etc) CONTRACT REVIEW Division Director 0(:IIn(07 0r (s fS) Changes Needed ~ Yes 0 No 0 YesD No~ Risk M~e~~ . .B.lPurc~ing Yes 0 No 0 County Attorney lc/tv/r19 Yes 0 NoW" Comments: OMB Form Revised 2/27/0l MCP #2 Date Out ~jJ \0 -~O I ~ t. - 7- oJ i44~.~J$r a.r..t? OMB Schedule Item Number 14 Resolution No. - 2007 A RESOLUTION CONCERNING THE RECEIPT OF UNANTICIPATED FUNDS WHEREAS, it is necessary for the Board of County Commissioners of Monroe County, Florida, to increase items to account for unanticipated funds in the Monroe County Budget for the Fiscal Year 2007 now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that the following accounts of the Monroe County Budget for the Fiscal Year 2007 be and the same is hereby increased by the amount hereinafter set forth: Fund #125 - Governmental Fund Type Grants Cost Center # 6153907 - Home Care for the Elderly Function 5600 Activity 5640 Revenue: 125-6153907-3346900H- State Grants 125-3153907-381001GT - Tnsfr fm Gen. Fund 001 $12,750.00 1,416.67 Total Revenue $14,166.67 Appropriations: 125-6153907-510120-Salaries 125-6153907-510210-Fica 125-6153907 -51 0220-Retirement 125-6153907 -51 0230-Group Insurance 125-6153907-510240- Worker's Compensation 125-6153907 -53031 O-Professional Services 125-6153907 -530400- Travel 125-6153907 -530451-Risk Management 125-6153907-530520-0perating Supplies $12,891.67 160.00 150.00 240.00 100.00 125.00 100.00 300.00 100.00 Total Appropriations: $14,166.67 BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon receipt of the above unanticipated funds, is hereby authorized and directed to place funds in said items, as set forth above. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 20th day of June AD 2007. Mayor Di Gennaro Mayor Pro Tern Spehar Commissioner McCoy Commissioner Neugent Commissioner Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mayor/Chairman (Seal) Attest: DANNY 1. KOLHAGE, Clerk Item 14 uant hce kh772 07-08 6153907 Contract Number KH 772 Page 1 HOME CARE FOR THE ELDERLY CONTRACT 2007 -2008 THIS AGREEMENT is entered into between the Alliance for Aging, Inc., hereinafter referred to as the "Alliance," and Monroe County Board of Commissioners, hereinafter referred to as the "recipient." This agreement is subject to all provisions contained in the MASTER AGREEMENT executed between the Alliance and the Recipient, Agreement No. PA729, and its successor, incorporated herein by reference. I. Recipient Agrees: A. Services to be Provided: 1. The recipient's service provider application for state fiscal year 2007, and any revisions thereto approved by the Alliance and located in the contract manager's file, are incorporated by reference in this contract between the Alliance and the recipient, and prescribe the services to be rendered by the recipient. 2. Consumers may not be enrolled in a Department of Elder Affairs' state general revenue funded program, including HCE, who are also enrolled in a Medicaid capitated long term care health plan or program. These programs include the Frail Elder Program operated by United Health Care, the Channeling Program operated by Miami Jewish Home and Hospital for the Aged, the Long Term Care Community Diversion Program and the Program of All Inclusive Care for the Elderly (PACE) program scheduled to begin operation in the Miami-Dade County area. B. Manner of Service Provision: The services will be provided in a manner consistent with and described in the recipient's service provider application for state fiscal year 2007 and the Department of Elder Affairs Client Home And Community Based Services Handbook dated 01/03 In the event the manual is revised, such revision will automatically be incorporated into the contract and the recipient will be given a copy of the revisions. II. The Alliance Agrees: A. Contract Amount: To pay for services in an amount not to exceed ,$12,750.00, subject to the availability of funds. Obligation to Pay: The Alliance's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Legislature. 1 Contract Number KH 772 Page 2 B. Source of Funds: The costs of services paid under any other contract or from any other source are not eligible for reimbursement under this contract. The funds awarded to the recipient pursuant to this contract are in the state grants and aids appropriations. III. Recipient and Alliance Mutually Agree: A. Effective Date: 1. This contract shall begin on July 1, 2007 or on the date the contract has been signed by both parties, whichever is earlier. 2. Delivery of services shall end on June 30, 2008. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their undersigned officials as duly authorized. PROVIDER: Monroe County Board of Commissioners ALLIANCE FOR AGING, INC. SIGNED BY: SIGNED BY: Max B. Rothman, JD, LL.M. NAME: NAME: President & CEO TITLE: TITLE: DATE: DATE: 2 Contract Number KH 772 Page 3 ATTACHMENT I HOME CARE FOR THE ELDERLY PROGRAM I. STATEMENT OF PURPOSE The Home Care for the Elderly (HCE) Program encourages the provision of care in family- type living arrangements in private homes on a not for profit basis as an alternative to nursing home or other institutional care. II. SERVICES TO BE PROVIDED A. Services: 1. The recipient's July 2007 application and any revisions thereto approved by the Alliance and located in the contract manager's file, are incorporated by reference in this contract between the Alliance and the recipient, and prescribe the services to be rendered by the recipient. 2. Consumers may not be enrolled in a Department of Elder Affairs' state general revenue funded program, including HCE, who are also enrolled in a Medicaid capitated long-term care health plan or program. These programs include the Frail Elder Program operated by United Health Care, the Channeling Program operated by Miami Jewish Home and Hospital for the Aged, the Long Term Care Community Diversion Program and any other areas that may participate in the Long Term Care Community Diversion Program through expansion and the Program of All Inclusive Care for the Elderly (PACE) program. B. Manner of Service Provision: The services will be provided in a manner consistent with and described in the recipient's July 2006 application and the Department of Elder Affairs Home and Community-Based Services Handbook dated 01/03. In the event the handbook is revised, such revision will automatically be incorporated into the contract and the recipient will be given a copy of the revisions. III. METHOD OF PAYMENT A. The method of payment in this contract is based on a fixed rate reimbursement for approved services. The recipient must ensure fixed rates include only those costs that are in accordance with all applicable state and federal statutes and regulations and are based on audited historical costs in instances where an independent audit is required. All requests for payment and expenditure reports submitted to support requests for payment shall be on DOEA forms 106H and 105H. Duplication or replication of both forms via data processing equipment is permissible, provided all data elements are in the same format as included on department forms. B. The recipient shall maintain documentation to support payment requests which shall be available to the Comptroller, the Department of Elder Affairs, or the Alliance upon request. 3 Contract Number KH 772 Page 4 C. The recipient may request a monthly advance for service costs based on anticipated cash needs. Detailed documentation justifying cash needs for advances must be submitted with the signed contract, approved by the Alliance, and maintained in the contract manager's file. All payment requests for the third through the nine months shall be based on the submission of monthly actual expenditure reports beginning with the first month of the contract. The schedule for submission of advance requests is ATTACHMENT II to this contract. Reconciliation and recouping of advances made under this contract are to be completed by May & June 2008 reports. All advance payments are subject to the availability of funds. D. Advance funds may be temporarily invested by the recipient in an insured interest bearing account. All interest earned on contract fund advances must be returned to the Alliance at the end of the first quarter of the contract period. E. Contingent upon the recipient's ability to maintain program expenditures within the assigned quarterly allocations and the availability of funds, the Alliance shall make payment to the provider for provision of services at the rate(s) stated below: SERVICE TO BE PROVIDED UNIT MAXIMUM RATE UNITS MAXIMUM DOLLARS Case Management $47.86 266 $12,750 F. Any payment due by the Alliance under the terms of this contract may be withheld pending the receipt and approval by the Alliance of complete and accurate financial and programmatic reports due from the recipient and any adjustments thereto, including any disallowance not resolved as outlined in Section I.T. of the Master Agreement. IV. SPECIAL PROVISIONS A. State Laws and Regulations: 1. The recipient agrees to comply with applicable parts of Rule Chapter 58H-1, Florida Administrative Code promulgated for administration of Sections 430.601 through 430.608, Florida Statutes, and the Department of Elder Affairs Home and Community Based Services Handbook dated 01/03. 2. The recipient agrees to comply with the provisions of Sections 97.021 and 97.058, Florida Statutes, and all rules related thereto in the Florida Administrative Code. B. Assessment and Prioritization for Service Delivery for New Consumers: The following are the criteria to prioritize new consumers for service delivery. It is not the intent of the Department of Elder Affairs to remove existing clients from any program in order to serve new clients being assessed and prioritized for service delivery. 1. Priority Criteria for Service Delivery: 4 Contract Number KH 772 Page 5 a) individuals in nursing homes under Medicaid who could be transferred to the community; b) individuals in nursing homes whose Medicare coverage is exhausted and may be diverted to the community; c) individuals in nursing homes which are closing and can be discharged to the community; or d) individuals whose mental or physical health condition has deteriorated to the degree self care is not possible, there is no capable caregiver and institutional placement will occur within 72 hours. 2. Priority Criteria for Other Assessed Individuals: The assessment and provision of services should always consider the most cost effective means of service delivery. Functional impairment shall be determined through the department's consumer assessment form administered to each applicant. The most frail individuals not prioritized in groups one, two or three above, regardless of referral source, will receive services to the extent funding is available. C. Consumer Information, Registration and Tracking System (CIRTS): 1. The recipient will ensure the collection and maintenance of Home Care for the Elderly (HCE) subsidies and case management information on a monthly basis from the Consumer Information, Registration and Tracking System (CIRTS). Maintenance includes valid exports and backups of all data and systems according to department standards. 2. The recipient must ensure all data for HCE subsidies are entered in the CIRTS by the 15th of each month. HCE subsidy data entered into the CIRTS by the 15th of the month will be for payments incurred between the 16th of the previous month and the 15th of the current month. Case management data entered into the CIRTS by the 15th of the month will be for units of service provided during the previous month from the 16th and up to and including the 15th of the current month or case management units of service may be entered according to the recipient schedule, in aggregate on the 31st or daily, weekly or monthly. 3. The recipient will ensure data entry for HCE subsidies will cease on the 15th of the month and the CIRTS Monthly Service Utilization Report, by consumer and by worker identification is run. 4. The recipient will ensure the Monthly Utilization Report, by consumer and by worker identification is verified, corrected, certified no later than the 20th of the month in which the report is generated. 5 CONTRACT KH 672 Page 6 5. The recipient will ensure caregivers determined eligible for the HCE basic subsidy after the 15th of a month, will be processed to begin eligibility for the HCE basic subsidy on the 1 st day of the next month. 6. The Alliance will reconcile and verify the CIRTS data prior to payment for HCE basic and special subsidies and case management. 7. The Alliance will reconcile and verify the CIRTS data prior to payment for HCE basic and special subsidies and case management. 6 Report Number 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 CONTRACT KH 672 Page 7 ATTACHMENT II HOME CARE FOR THE ELDERLY PROGRAM CONTRACT REPORT CALENDAR Based On July Advance * .. ... ... ..... ....... ...... ..... .... ... ..... .................. August Advance ** .. ............ ...... ..,..... ... ... ..... ..... ............ July Expenditure Report ....... ...... ... ... .... ..... ... .... ...... ........ August Expenditure Report.. ..... ... ... .... ... ... .............. ........ September Expenditure Report ........................................ October Expenditure Report .... .... ... ..... ... ...... .... ........ .... ... November Expenditure Report ......................................... December Expenditure Report ......................................... January Expenditure Report ............................................ February Expenditure Report.... .... ... ..... ...... .... ................. March Expenditure Report .. ..... '" ... ... .... ... ..... ......... ....... ... April Expenditure Report .. ..... ............. ... ..... ...... ...... ...... ... May Expenditure Report 1 July Advanced Reconciliation ** ..... June Expenditure Report 1 August Advanced Reconciliation ** Final Expenditure and Closeout Report Leqend * Advance based on projected cash need. Note # 1: Note # 2: ** Submit To The Alliance On This Date July 1 July 1 August 15 September 15 October 15 November 15 December 15 January 15 February 15 March 15 April 15 May 15 June 15 July 15 July 20 Submission of expenditure reports mayor may not generate a payment request. If final expenditure report reflects funds due back to the department, payment is to accompany the report. Report #1 for Advance Basis Contracts cannot be submitted to the Alliance prior to July 1 or until the contract with the Alliance has been executed. Actual submission of the vouchers to the Department of Elder Affairs is dependent on the accuracy of the expenditure report. The last two months of the recipient's fiscal reports covering actual expenditures should reflect an adjustment repaying advances for the two months of the contract. 7 r CONTRACT KH 672 Page 1 HOME CARE FOR THE ELDERLY CONTRACT 2006-2007 THIS AGREEMENT is entered into between the Alliance for Aging, Inc., hereinafter referred to as the "Alliance," and Monroe County Board of Commissioners, hereinafter referred to as the "recipient." This agreement is subject to all provisions contained in the MASTER AGREEMENT executed between the Alliance and the Recipient, Agreement No. PA429, and its successor, incorporated herein by reference. I. Recipient Agrees: A. Services to be Provided: 1. The recipient's service provider application for state fiscal year 2006, and any revisions thereto approved by the Alliance and located in the contract manager's file, are incorporated by reference in this contract between the Alliance and the recipient, and prescribe the services to be rendered by the recipient. 2. Consumers may not be enrolled in a Department of Elder Affairs' state general revenue funded program, including HCE, who are also enrolled in a Medicaid capitated long term care health plan or program. These programs include the Frail Elder Program operated by United Health Care, the Channeling Program operated by Miami Jewish Home and Hospital for the Aged, the Long Term Care Community Diversion Program and the Program of All Inclusive Care for the Elderly (PACE) program scheduled to begin operation in the Miami-Dade County area. B. Manner of Service Provision: The services will be provided in a manner consistent with and described in the recipient's service provider application for state fiscal year 2006 and the Department of Elder Affairs Client Home And Community Based Services Handbook dated 01/03 In the event the manual is revised, such revision will automatically be incorporated into the contract and the recipient will be given a copy of the revisions. II. The Alliance Agrees: A. Contract Amount: To pay for services in an amount not to exceed $51.544.00, subject to the availability of funds. Obligation to Pay: The Alliance's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Legislature. B. Source of Funds: The costs of services paid under any other contract or from any other source are not eligible for reimbursement under this contract. The funds awarded to the recipient pursuant to this contract are in the state grants and aids appropriations. CONTRACT KH 672 Page 2 III. Recipient and Alliance Mutually Agree: A. Effective Date: 1. This contract shall begin on July 1, 2006 or on the date the contract has been signed by both parties, whichever is earlier. 2. Delivery of services shall end on June 30, 2007. IN WITNESS WHEREOF, the parties hereto have caused this 2-page agreement to be executed by their undersigned officials as duly authorized. PROVIDER: SIGNED BY: SIGNED BY: ALLfjCE FOR AGING, INC. . ,. ,{ ! ' '~JY~' ;W Pedro Jove. NAME: NAME: President & CEO TITLE: TITLE: \t (rt !~/ c DATE: June 21, 2006 DATE: 'G BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: 6-20-2007 Division: Community Services Bulk Item: Yes l No Department: Social Services Staff Contact Person: Dee Simpson. x4589 AGENDA ITEM WORDING: Approval of the Community Care for the Elderly (CCE) contract #KC771 between the Alliance for Aging, Inc. (Area Agency on Aging) and the Monroe County Board of County Commissioners (Community Services/In-Home Services) for fiscal year 7/1/07 to 6/30/08. ITEM BACKGROUND: The approval of this CCE Contract will enable Monroe County In-Home Services to continue providing services to Monroe County's elderly population under the Community Care for the Elderly program. PREVIOUS RELEVANT BOCC ACTION: Prior approval granted to the Community Care for the Elderly (CCE) Contract #KC671 on June 21,2006 CONTRACT/AGREEMENT CHANGES: none STAFF RECOMMENDA nONS: Approval TOTAL COST: .avvrox.$647.597.00: Yes ----X- No COST TO COUNTY: $64.760.00 (reQuired) SOURCE OF FUNDS: Ad Valorem Additional match will be required to cover personnel costs. REVENUE PRODUCING: Yes --L No _ AMOUNT PER MONTH approx $2.333.00 Year approx $28.000.00 APPROVED BY: County Ally ( o~urChaSing -L Risk Management x DOCUMENTATION: Included Not Required~_ To Follow X DISPosmON: AGENDA ITEM # Revised 8/06 t- MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Alliance For Aging, Inc. Contract Effective Date: July 1,2007 Expiration Date: June 30, 2008 Contract PurposelDescription: Approval (CCE) Contract #KC771 between the Alliance for Aging, Inc. and the Monroe County Board of County Commissioners (Monroe County Community ServiceslIn-Home Services Program) for Fiscal year July I, 2007 ~~e3::0 Contract Manager: Dg~ 4589 Social Services/Stop 1 (Name) (Ext.) (Department/Stop #) For BOCC meetin on 612012007 A enda Deadline: 6/5/2007 CONTRACT COSTS Total Dollar Value of Contract: approx. $647,597.00 Budgeted? Yes X No 0 Account Codes: Grant: .$ 582,837.00 County Match: Required $64,760.00 Additional Match: * additional match will be required to cover personnel costs. Total Match $64,760.00 Estimated Ongoing Costs: $ (Not included in dollar value above) Division Director ?(;07 (p- '6~()7 Risk M~ment ~~ ,\,\\ . .B.lPrifchting " -'g -61 Dlu/u? County Attorney Comments: OMB Form Revised 2/27/0l MCP #2 Current Year Portion: $ 125 - 6153807 Iyr ADDmONAL COSTS For: (e.l!. Maintenance, utilities, ianitorial, salaries, etc) CONTRACT REVIEW Changes Needed YesO Nog/ YesO Nol 0'$5-07 ::: ::::~ :~~ na:z~ &;;~(? OMB Schedule Item Number 16 Resolution No. - 2007 A RESOLUTION CONCERNING THE RECEIPT OF UNANTICIPATED FUNDS WHEREAS, it is necessary for the Board of County Commissioners of Monroe County, Florida, to increase items to account for unanticipated funds in the Monroe County Budget for the Fiscal Year 2007 now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that the following accounts of the Monroe County Budget for the Fiscal Year 2007 be and the same is hereby increased by the amount hereinafter set forth: Fund #125 - Governmental Fund Type Grants Cost Center # 6153807 - Community Care for the Elderly Offcl/Div# 1016 Function 5600 Activity 5640 Revenue: 125-6153807-3346900H- State Grants 125-6153807-369001SH- Program Income 125-6153807-381001GT- Trnsfr fm Gen. Fund $582,837.00 30,000.00 64,759.67 Total Revenue $677,596.67 Appropriations: 125-6153807 -510 120-Salaries 125-6153807-510210- Fica 125-6153807 -510220- Retirement 125-6153807-510230-Group Insurance 125-6153807-510240-Worker's Compensation 125-6153807-530310-Professional Services 125-6153807-530400- Travel 125-6153807-530410-Communications & Postage 125-6153807-530451-Risk Management 125-6153807-530460-Repairs & Maintenance 125-6153807-530470- Printing 125-6153807 -5304 98- Ad vertising 125-6153807-53051O-0ffice Supplies 125-6153807-530520-0perating Supplies $491,996.67 28,000.00 25,000.00 83,000.00 14,000.00 200.00 16,000.00 2,000.00 12,000.00 1,000.00 200.00 200.00 2,000.00 2,000.00 Total Appropriations: $677,596.67 BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon receipt of the above unanticipated funds, is hereby authorized and directed to place funds in said items, as set forth above. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 20th day of June AD 2007. Mayor Di Gennaro Mayor Pro Tern Spehar Commissioner McCoy Commissioner Neugent Commissioner Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mayor/Chairman (Seal) Attest: DANNY L. KOLHAGE, Clerk Item 16 uant cce kc77l 07-0861538077 CONTRACT NUMBER KC 771 Page 1 COMMUNITY CARE FOR THE ELDERLY CONTRACT 2007 -2008 THIS AGREEMENT is entered into between the Alliance for Aging, Inc., hereinafter referred to as the "Alliance," and Monroe County Board of Commissioners, hereinafter referred to as the "recipient." This agreement is subject to all provisions contained in the MASTER AGREEMENT executed between the Alliance and the Recipient, Agreement No. PA429, and its successor, incorporated herein by reference. I. Recipient Agrees: A. Services to be Provided: 1. The recipient's service provider application for state fiscal year 2007, and any revisions thereto approved by the Alliance and located in the contract manager's file, are incorporated by reference in this contract between the Alliance and the recipient, and prescribe the services to be rendered by the recipient. 2. Consumers may not be enrolled in a Department of Elder Affairs' state general revenue funded program, including CCE, who are also enrolled in a Medicaid capitated long-term care health plan or program. These programs include the Frail Elder Program operated by United Health Care, the Channeling Program operated by Miami Jewish Home and Hospital for the Aged, the Long Term Care Community Diversion Program operating in Planning and Service Areas 7 and 9, and the Program of All Inclusive Care for the Elderly (PACE) program scheduled to begin operation in the Miami-Dade County area. B. Manner of Service Provision: The services will be provided in a manner consistent with and described in the recipient's service provider application for state fiscal year 2007 and the Department of Elder Affairs Home and Community Based Services Handbook dated 01/03. In the event the manual is revised, such revision will automatically be incorporated into the contract and the recipient will be given a copy of the revisions II. The Alliance Agrees: A. Contract Amount: To pay for services in an amount not to exceed $582,837.00, subject to the availability of funds. Obligation to Pay: The Alliance's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Legislature. B. Source of Funds: The costs of services paid under any other contract or from any other source are not eligible for reimbursement under this contract. The funds awarded to the recipient pursuant to this contract are in the state grants and aids appropriations. III. Recipient and Alliance Mutually Agree: CONTRACT NUMBER KC 771 Page 2 A. Effective Date: 1. This contract shall begin on July 1, 2007 or on the date the contract has been signed by both parties, whichever is earlier. 2. Delivery of services shall end on June 30, 2008. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their undersigned officials as duly authorized. PROVIDER: Monroe County Board of Commissioners ALLIANCE FOR AGING, INC. SIGNED BY: SIGNED BY: Max B. Rothman, JD, LL.M. NAME: NAME: President & CEO TITLE: TITLE: DATE: DATE: 2 CONTRACT NUMBER KC 771 Page 3 ATTACHMENT I COMMUNITY CARE FOR THE ELDERLY PROGRAM I. STATEMENT OF PURPOSE The Community Care for the Elderly (CCE) Program provides community-based services organized in a continuum of care to assist aged 60 + elders at risk of nursing home placement to live in the least restrictive environment suitable to their needs. II. SERVICES TO BE PROVIDED A. Services: 1. The recipient's service provider application for state fiscal year 2007, and any revisions thereto approved by the Alliance and located in the contract manager's file, are incorporated by reference in this contract between the Alliance and the recipient, and prescribe the services to be rendered by the recipient. 2. Consumers may not be enrolled in a Department of Elder Affairs' state general revenue funded program, including CCE, who are also enrolled in a Medicaid capitated long-term care health plan or program. These programs include the Frail Elder Program operated by United Health Care, the Channeling Program operated by Miami Jewish Home and Hospital for the Aged, the Long Term Care Community Diversion Program operating in Planning and Service Areas 7 and 9, and any other areas that may participate in the Long-Term Care Community Diversion program through expansion, and the Program of All Inclusive Care for the Elderly (PACE) program scheduled to begin operation in the Miami-Dade County area. B. Manner of Service Provision: The services to be provided are those described in the recipient's service provider application for state fiscal year 2007. All CCE services will be provided in a manner consistent with the conditions set down in the Department of Elder Affairs Home Community Based Services Handbook dated 01/03 and by the Alliance as determined by its Board of Directors. In the event either the handbook or the service provisions established by the Alliance is revised, such revision will automatically be incorporated into the contract and the recipient will be given a copy of the revisions. III. METHOD OF PAYMENT A. The method of payment in this contract is based on a fixed rate reimbursement for approved services. The recipient must ensure fixed rates include only those costs which are in accordance with all applicable state and federal statutes and regulations and are based on audited historical costs in instances where an independent audit is required. All requests for payment and expenditure reports submitted to support requests for payment shall be on DOEA forms 106C and 105C. Duplication or replication of both forms via data processing equipment is permissible, provided all data elements are in the same format as included on department forms. 3 CONTRACT NUMBER KC 771 Page 4 B. The recipient shall maintain documentation to support payment requests which shall be available to the Comptroller, the Department of Elder Affairs, or the Alliance upon request. C. The recipient may request a monthly advance for service costs for each of the first two months of the contract period, based on anticipated cash needs. Detailed documentation justifying cash needs for advances must be submitted with the signed contract, approved by the Alliance, and maintained in the contract manager's file. All payment requests for the third through the twelfth months shall be based on the submission of monthly actual expenditure reports beginning with the first month of the contract. The schedule for submission of advance requests is ATTACHMENT II to this contract. Reconciliation and recouping of advances made under this contract are to be completed by the time the final payment is made. All advance payments are subject to the availability of funds. D. Advance funds may be temporarily invested by the recipient in an insured interest bearing account. All interest earned on contract fund advances must be returned to the Alliance within thirty (30) days of the end of the first quarter of the contract period. E. The Alliance shall make payment to the provider for provision of services up to a maximum number of units of service and at the rate(s) stated below: Service To Be Provided Unit Rate Maximum Maximum Units Dollars Case Management 53.06 1,799 $95,464 Homemaker 31.37 3,624 $213,689 Personal care 38.10 6,037 $250,016 Respite (in home) 24.26 852 $23,668 F. Any payment due by the Alliance under the terms of this contract may be withheld pending the receipt and approval by the Alliance of complete and accurate financial and programmatic reports due from the recipient and any adjustments thereto, including any disallowance not resolved as outlined in Section I.T. of the Master Agreement. IV. SPECIAL PROVISIONS A. State Laws and Regulations: 1. The recipient agrees to comply with applicable parts of Rule Chapter 58C-1, Florida Administrative Code promulgated for administration of Sections 430.201 through 430.207, Florida Statutes, and the Department of Elder Affairs Home and Community Based Services Handbook dated 01/03. 3. The recipient agrees to comply with the provisions of Sections 97.021 and 97.058, Florida Statutes, and all rules related thereto in the Florida Administrative Code. 4 CONTRACT NUMBER KC 771 Page 5 B. Assessment and Prioritization for Service Delivery for New Consumers: The following are the criteria to prioritize new consumers for service delivery. It is not the intent of the Department of Elder Affairs to remove existing clients from any program in order to serve new clients being assessed and prioritized for service delivery. 1. Abuse, Neglect and Exploitation: The recipient will ensure that pursuant to Section 430.205(5), Florida Statute, those elderly persons who are determined by adult protective services to be victims of abuse, neglect, or exploitation who are in need of immediate services to prevent further harm and are referred by adult protective services, will be given primary consideration for receiving Community Care for the Elderly Services. As used in this subsection, "primary consideration" means that an assessment and services must commence within 72 hours after referral to the department or as established in accordance with department contracts by local protocols developed between department service recipients and adult protective services. 2. Priority Criteria for Individuals in Nursing Homes in Receivership The recipient will ensure that pursuant to Section 400.126,(12), Florida Statute, those elderly persons determined through a CARES assessment to be a resident who could be cared for in a less restrictive setting or who do not meet the criteria for skilled or intermediate care in a nursing home, will be referred for such care, as appropriate for the resident. Residents referred pursuant to this subsection shall be given primary consideration for receiving services under the Community Care for the Elderly program in a manner as persons classified to receive such services pursuant to Section 430.205, Florida Statute. 3. Priority Criteria for Service Delivery: a) Individuals in nursing homes under Medicaid who could be transferred to the community; b) Individuals in nursing homes whose Medicare coverage is exhausted and may be diverted to the community; c) Individuals in nursing homes which are closing and can be discharged to the community; or d) Individuals whose mental or physical health condition has deteriorated to the degree self care is not possible, there is no capable caregiver and institutional placement will occur within 72 hours. 4. Priority Criteria for Service Delivery for Other Assessed Individuals: The assessment and provision of services should always consider the most cost effective means of service delivery. Service priority for individuals not included in groups one, two or three above, regardless of referral source, shall be determined through the department's client assessment form administered to each applicant, to the extent funding is available. First priority will be given to applicants at the higher 5 CONTRACT NUMBER KC 771 Page 6 levels of frailty and risk of nursing home placement. For individuals assessed at the same priority and risk of nursing home placement, priority will be given to applicants with the lesser ability to pay for services. 5. Referrals for Medicaid Waiver Services: a) The recipient must identify, through the consumer assessment, potential Medicaid eligible CCE consumers and refer these individuals for Medicaid Waiver services. b) Individuals who have been identified as being potentially Medicaid Waiver eligible are required to apply for Medicaid Waiver services in order to receive CCE services and can only receive CCE services while the Medicaid Waiver eligibility determination is pending. If the consumer is found ineligible for Medicaid Waiver services for any reason other than failure to provide required documentation, they may continue to receive CCE services. c) Individuals who have been identified as being potentially Medicaid Waiver eligible must be advised of their responsibility to apply for Medicaid Waiver services as a condition of receiving CCE services while the eligibility determination is being processed. C. Co-payment Collections: 1. The recipient will establish annual co-payment goals. The Alliance has the option to withhold a portion of the recipient's Request for Payment if goals are not met according to the Department of Elder Affairs' co-payment guidelines. 2. Co-payments include only the amounts assessed consumers or the amounts consumers opt to contribute in lieu of an assessed co-payment. The contribution must be equal to or greater than the assessed co-payment. 3. Co-payments collected in the CCE program can be used as part of the local match. D. Match: The recipient will assure a match requirement of at least 10 percent of the cost for all Community Care for the Elderly services. The match will be made in the form of cash and/or in kind resources. At the end of the contract period, all Community Care for the Elderly funds expended must be properly matched. E. Service Cost Reports: The recipient will submit semi-annual service cost reports which reflect actual costs of providing each service by program. This report provides information for planning and negotiating unit rates. 6 CONTRACT KC 671 COMMUNITY CARE FOR THE ELDERLY PROGRAM Page 7 ATTACHMENT II CONTRACT REPORT CALENDAR Report Number Based On 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 July Advance * ............................................................. August Advance ** . ... ... ... .... .......... ... ... ... ... ...... .............. July Expenditure Report ................................................. August Expenditure Report. ... ...... ... ............... ... .... ... ... .... September Expenditure Report ........................................ October Expenditure Report .. ..... ......... ... ... ... .... ............ ... November Expenditure Report. ....... ... ... ........ .... ...... ..... .... December Expenditure Report .... ... ....... ..... .... ..... ... ... .... '" January Expenditure Report. ....... ..... .... ... .......... ....... ... .... February Expenditure Report ........ ........ .... ...... ... ..... ... ... ... March Expenditure Report ..... ......... ..... ... ... .......... ..... ... .... April Expenditure Report ....... ............ ............... ... ....... ..... May Expenditure Report I July Advanced Reconciliation ** ..... June Expenditure Report I August Advanced Reconciliation ** Final Expenditure and Closeout Report Leqend: * Advance based on projected cash need. ** Submit To The Alliance On This Date July 1 July 1 August 15 September 15 October 15 November 15 December 15 January 15 February 15 March 15 April 15 May 15 June 15 July 15 July 20 Submission of expenditure reports mayor may not generate a payment request. If final expenditure report reflects funds due back to the Alliance, payment is to accompany the report. Note # 1: Report #1 for Advance Basis Contracts cannot be submitted to the Alliance prior to July 1 or until the contract with the Alliance has been executed. Actual submission of the vouchers to the Department of Elder Affairs is dependent on the accuracy of the expenditure report. Note # 2: The last two months of the recipient's fiscal reports covering actual expenditures should reflect an adjustment repaying advances for the first two months of the contract. 7 CONTRACT KC 671 Page 8 EXHIBIT A CCE/HCE REFERRAL PROTOCOL Issue: ReferrallActivation in the Community and Home Care for the Elderly Programs. Policy: Referrals will be made based on availability of funds. Purpose: To ensure funding is spent expeditiously and consumers are given a choice of case management agencies, to the extent possible. Procedure: I. Roles and Responsibilities A. Alliance for Aging 1. Fiscal/Administration Department a. Monitors overall program and Lead Agency specific spending levels on a monthly basis to ensure the lead agencies are operating within the funding allocations b. Recommends potential cases for activation based on projected funding available by Lead Agency. c. Notifies Contract Management of availability of funds by Lead Agency. 2. Contract Management a. Uses the information from the Administration Department to select consumers from the waiting list for activation. b. Notifies the Elder Helpline. c. Monitors compliance with service standards and outcome measures. d. Reviews care plans and files per the File Review Policies and Procedures. e. Reviews data in CIRTS. 3. Elder Helpline: conducts screening and assessment to place consumers on the waiting lists as appropriate, works with Adult Protective Services to respond to high risk referrals, offers consumers choice of case management agency, makes appropriate referrals. B. Case Management Agency 1. Accepts referrals from the Elder Helpline. 2. Refers inquiries from consumers interested in services to the Elder Helpline for screening and assessment and placement on the waiting list. 3. Completes comprehensive assessments on new consumers and annual reassessment on existing consumers and develops care plans and reviews care plans semi-annually. 4. Authorizes service delivery and enters data into CIRTS. 5. Bills in CIRTS accordingly. 6. Monitors care plans in an effort to keep costs down while sustaining the individuals in the community. 8 CONTRACT KC 671 Page 9 II. Wait Listing New Consumers A. Elder Helpline conducts intake and completes a Telephone Screen on all consumers. 1. APS non-high risk referrals will be prioritized for services as per the Memorandum of Understanding. APS High Risk Referrals are not waitlisted. They are immediately referred for service to a Lead Agency on a rotation basis. APS cases are served for a maximum of 30 calendar days or less as appropriate. 2. Imminent Risk cases will be prioritized for activation after APS High Risk Referrals have been served. If budgetary constraints prevent opening new cases, clients will be placed on the assessed priority consumer list. Elder Helpline staff will contact the client on a monthly basis to determine if there has been a change in the client's situation. Elder Helpline staff will offer choice of case management agency as per #3 below. 3. Community Care and Home Care for the Elderly waiting list consumers will be given fact sheets on the Lead Agencies and a choice form so that they may select a case management agency of their choice prior to activation in the program once funding becomes available within the agency the client selects . The client has 30 calendar days from the date the choice form was mailed to make a choice. If the form is not returned within one month, the Elder Helpline will call the client to determine if the client is still interested and to verify the mailing address. The information package and the choice form will be mailed a second and final time. The client will have two weeks to return the signed choice form. If the form is not returned, the client will be terminated from the waiting list. 4. All other referrals will be waitlisted and prioritized, during which time the Elder Helpline will research other community resources. B. Appropriate HIPAA forms are sent to the client. III. Opening New Cases A. Regular CCE and HCE Clients 1. The Fiscal/Administration Department will monitor Lead Agency specific spending levels on a monthly basis to ensure each Lead Agency is operating within its quarterly funding allocation and spending authority as reflected under Attachment III. In addition, the department will do cost projections, and share the information with the Surplus/Deficit review committee to determine slot availability. Contract Management will be notified when funding is available and the number of new cases to be activated by Lead Agency. 2. Contract Management will run the Prioritized Risk Report to identify the consumers to be opened. The information will be entered in the Excel Referral Spreadsheet on the network and the Elder Helpline will be notified accordingly. 9 CONTRACT KC 671 Page 10 3. Based on available funding for each Lead Agency, the Elder Helpline will call consumers from the each Lead Agency's waiting list to inform them they are ready to be opened for services. If the client is no longer interested in receiving services the next client on the list will be contacted. 4. If the lead agency cannot activate the client due to the fact that it has exhausted its quarterly spending authority, the client will be given the choice of selecting an alternate case management agency that does have available funding. The client will be mailed fact sheets on the available Lead Agencies and a coded choice form which will need to be returned to the Elder Helpline within one week. a. Written Choice: If the form is returned, the written choice is documented in the Excel Referral Spreadsheet and the client CIRTS status will be changed from APCL to TAAS. The Activation Referral Form will then be sent to the Lead Agency selected by the consumer. b. Verbal Choice: If the form is not returned within the week, the Elder Helpline will call the client to obtain a verbal choice. i. The verbal choice is documented in the Excel Referral spreadsheet and the client's CIRTS status will be changed from APCL to TAAS. The Activation Referral Form will then be sent to the Lead Agency selected by the client. A choice form indicating the verbal choice will be sent to the Lead Agency. The Lead Agency will have that form signed by the client and returned to the Elder Helpline along with the Activation Referral form indicating when services started. The Client Choice form and the Activation Referral form are to be returned to the Elder Helpline within two (2) weeks of receipt. ii. If the written form is returned after the verbal choice was made and it is different from the verbal choice, the verbal choice will be honored. The client will be notified of the referral based on the verbal choice and informed that they can change agencies if they are still interested, after six (6) months. B. APS High Risk Referral: 1. During work hours, the Elder Helpline will check in CIRTS by Social Security Number, client name and then other identifying information as needed, to see if the person is in CIRTS. a. If the person is already in CIRTS being served by a Lead Agency, the referral will be made to that Lead Agency. b. If the CIRTS query shows the person is not being served by a specific Lead Agency, the referral will be made to the Lead Agency slated to receive a referral on a rotation basis. 2. DCF should notify the Elder Helpline if there is someone else in the home who may be receiving services. This person will also be checked in CIRTS 10 CONTRACT KC 671 Page 11 and if that person is receiving services from a Lead Agency, then the new referral will be made to that Lead Agency to avoid having more than one Lead Agency in the home. 3. Staff is on-call after hours using a beeper. The staff person on call will have the list of Lead Agencies, their on-call information and the rotation status and will make referrals accordingly. a. The next business day, the Elder Helpline will check CIRTS to see if that person is being served by another Lead Agency. b. In the event the person is being served by another Lead Agency, the Lead Agency that was contacted while on-call will be asked to terminate their involvement and a referral will be made to the existing Lead Agency. 4. The Lead Agency must return the Referral Form indicating the service start date to the Elder Helpline within two (2) weeks of receiving the faxed referral. If the Referral Form is not returned during that time, the Elder Helpline will follow up with the case management agency and notify Contract Management. 5. The Lead Agency will enter ACTV enrollment under their provider number in CIRTS. 6. The Elder Helpline will send copies of the Referral Forms to CARES for clients originating from them. IV. Clients Changing Case Management Agencies A. Frequency of Changes Consumers will be allowed to change case management agencies at the time of the six (6) month care plan review and at their annual re-assessment. Consumers will need to request a change of case management agency by the 10th of the month in order for the change to be in effect by the 21 sf of the month. If the request is made after the 10th of the month, the change will take effect by the 21st of the following month. B. Process for Changing 1. Requests to change case management agency must come from the client or their personal representative to the Elder Helpline who will offer choice. Requests made by the case management agency will not be honored and will be followed up on with the client by the Elder Helpline. 2. When consumers call the Elder Helpline to change case management agency, the reason for the change will be asked, if the consumer spoke with their case management agency about their concerns and if they would like to speak with someone else at that agency. 3. If the consumer does not want to speak with the case management agency and still wants to change, the Elder Helpline will offer the consumer the choice of agencies, sending them a fact sheet on each agency (unless they 11 III"" ~ 13. CONTRACT KC 671 Page 12 already know who they want to change to) and a form to sign indicating their choice (a verbal choice will be accepted and followed up with a written form). The consumer will need to return the form by said date and the Elder Helpline will then make the referral using the Transfer Form. 4. If the consumer chooses to call the agency, nothing will be done until the consumer calls the Elder Helpline back requesting a change, at which time, the Elder Helpline will offer the consumer the choice of agencies, sending them a fact sheet on each agency and a form to sign indicating their choice. The consumer will need to return the form by said date and the Elder Helpline will then make the referral using the Transfer Form. 5. The Elder Helpline will send the Transfer Form to the selected Lead Agency and current Lead Agency. The new Lead Agency will fax a copy of the Transfer Form back to the Elder Helpline within two (2) weeks of referral indicating that necessary documentation was received from the current Lead Agency and the service start up date. 6. If the Elder Helpline does not receive the Transfer Form back from the new Lead Agency within 2 weeks from the fax date, it will follow up with the new Lead Agency and notify Contract Management. 7. The new Lead Agency will place a copy of the form in the consumer file. 8. The Elder Helpline will give a copy of the completed transfer form to MIS to change owner provider. 9. The old Lead Agency will terminate enrollment in CIRTS as of the 20th of the month when the transfer is to take place. The new Lead Agency will activate enrollment in CIRTS as of the 21st of the month when the transfer is to take place. 10. Each Lead Agency will need to notify its respective vendors of the termination and/or activation of services for the transferred client as appropriate. 11. The Elder Helpline will send copies of the Transfer Form to CARES for consumers originating from them. Consumers who are active in the HCDA program and who turn 60 will be eligible for service under the HCE program if funding permits. Requests to open the consumer in the HCE program need to be made to the Elder Helpline. If funding is not available, these consumers will be waitlisted but will be given priority for opening. 12 /' CONTRACT KC 671 Page 1 COMMUNITY CARE FOR THE ELDERLY CONTRACT 2006-2007 THIS AGREEMENT is entered into between the Alliance for Aging, Inc., hereinafter referred to as the "Alliance," and Monroe County Board of Commissioners, hereinafter referred to as the "recipient." This agreement is subject to all provisions contained in the MASTER AGREE""fENT executed between the Alliance and the Recipient, Agreement No. PA429, and its successor, incorporated herein by reference. I. Recipient Agrees: A. Services to be Provided: 1. The recipient's service provider application for state fiscal year 2006, and any revisions thereto approved by the Alliance and located in the contract manager's file, are incorporated by reference in this contract between the Alliance and the recipient, and prescribe the services to be rendered by the recipient. 2. Consumers may not be enrolled in a Department of Elder Affairs' state general revenue funded program, including CCE, who are also enrolled in a Medicaid capitated long- term care health plan or program. These programs include the Frail Elder Program operated by United Health Care, the Channeling Program operated by Miami Jewish Home and Hospital for the Aged, the Long Term Care Community Diversion Program operating in Planning and Service Areas 7 and 9, and the Program of All Inclusive Care for the Elderly (PACE) program scheduled to begin operation in the Miami-Dade County area. B. Manner of Service Provision: The services will be provided in a manner consistent with and described in the recipient's service provider application for state fiscal year 2006 and the Department of Elder Affairs Home and Community Based Services Handbook dated 01/03. In the event the manual is revised, such revision will automatically be incorporated into the contract and the recipient will be given a copy of the revisions II. The Alliance Agrees: A. Contract Amount: To pay for services in an amount not to exceed $459,837.00, subject to the availability of funds. Obligation to Pay: The Alliance's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Legislature. B. Source of Funds: The costs of services paid under any other contract or from any other source are not eligible for reimbursement under this contract. The funds awarded to the recipient pursuant to this contract are in the state grants and aids appropriations. III. Recipient and Alliance Mutually Agree: A. Effective Date: 1. This contract shall begin on July 1, 2006 or on the date the contract has been signed by both parties, whichever is earlier. T CONTRACT KC 671 Page 2 2. Delivery of services shall end on June 30, 2007. IN WITNESS WHEREOF, the parties hereto have caused this 2-page agreement to be executed by their undersigned officials as duly authorized. PROVIDER: Monroe cou~.. Board of comm~~t]rs SIGNED BY: ., 1/ . SIGNED BY: ALLIANCE FOR AGING, INC. ..." ) ~ .,~~ Pedro Jove. jJ J NAME: Charles " NAME: President & CEO TITLE: TITLE: l(j / ~y) /0'0 DATE: June 21, 2006 DATE: 1\,10NROE COUNTY ATTORNEY APPFWVED AS TO FORM: ~ BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: 06/2012007 Division: Community Services Bulk Item: Yes -K- No Department: Social Services Transportation Staff Contact PersonJPhone #: Jerry Eskew 305-292-4425 AGENDA ITEM WORDING: Approval to execute the Notice of Grant Award between Monroe County Board of County Commissioners and the Florida Department of Transportation for Acceptance of Grant Award. ITEM BACKGROUND: Submitted the Agency's Application for Federal Assistance under the U.S.c. Section 5310 dated, December 20, 2006 for a grant to purchase a Type D Body-on-Chassis Transit Bus with Wheelchair Lift 4-20 ambulatory seats with 6 wheelchairs for an estimated $92,500. PREVIOUS RELEVANT BOCC ACTION: To submit the Agency's Application for Federal Assistance, which was approved by the BOCC on December 20, 2006. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval TOTAL COST: $92,500 BUDGETED: Yes -2L.. No COST TO COUNTY: $9,250 SOURCE OF FUNDS: Program Budget (FY2008) Account #001-61525-560641 $9,250 & FDOT 5310 Grant $83,250 REVENUE PRODUCING: Yes -K- No AMOUNT PE -vY-/ APPROVED BY: County Attorney.s::...! OMB/Purchasing YearN/A Risk Managemen~ DOCUMENTATION: Included Yes Not Required_ DISPOSITION: AGENDA ITEM # Revised 8/06 . t MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Florida Dept of Trans Contract #_ Effective Date: July 2, 2007 Expiration Date: July 2,2012 Contract Purpose/Description: Acceptance of Grant Award for subsidized purchase of transit bus Contract Manager: J erry Eskew 4425 SS Transportation! # 1 (Name) (Ext.) (Department/Stop #) for BOCC meeting on June 20,2007 Agenda Deadline: June 5,2007 CONTRACT COSTS Total Dollar Value of Contract: $ 92,500 Budgeted? Yes[8] No 0 Account Codes: Grant: $ 83,250 County Match: $ 9,250 Current Year Portion: $ FY2008 001-61525-560641 -_-_ - - - - ----- - - - - ----- - - - - ----- Estimated Ongoing Costs: $NINyr (Not included in dollar value above) ADDITIONAL COSTS For: NI A (eg. maintenance, utilities, janitorial, salaries, etc.) CONTRACT REVIEW Division Director & J~7 Risk Managemept fo..jQ7 YesO NoW n ~ ~':t~\ O.1\.fB./Purcliasing ~(Yf YesO No~ County Attorney ~'? YesO No~ ~ ~~~ i. fbJJ ~ - "3 I ' D-i Comments: OMB Form Revised 2/27/01 MCP #2 ", I ~.".. ~=- === ~ -:;:- -\../ Florida Department of Transportation CHARLIE CRIST GOVERNOR District Six - Public Transportation OjJke 1000 NW 11111< Ave., Room 6114 Miami, Florida 33172-5800 TeL (305) 470-5295 Fax (305) 470-5179 STEPHANIE KOPELOliSOS SECRETARY 4/30/2007 NOTICE OF GRANT AWARD Based on the Agency's Application for Federal Assistance under the D.S.C. Section 5310 dated 1/12/07, on file with the Department, the Florida Department of Transportation hereby makes the following grant award to Monroe County. Social Services Department (Transportation). 1100 Simonton Street. RM 1-188. Kev West. Florida. 33040. The final decision will be made by the Federal Transit Administration in July, 2007. Description (1) Type D transit bus, body-on-chassis, 23-31', diesel, w/c lift 4-20 ambulatory seats in combination with 6 wheelchairs Estimated Value $92,500.00 Estimated Matching Funds Required $9,250.00 Please contact the FDOT Contractor, Ms. Cindy Wooten, at (813) 974-9771 to arrange for purchase of the above items. FLORIDA DEPARTMENT OF TRANSPORTATION Award Approved by: ArC'~ (Signature) Date: 4.2--5 . 2fzP7 Carl Filer, P.E. Public Transportation Manager Name and Title: >- w.. ACCEPTANCE OF GRANT AWARD .. TO BE COMPLETED AND SIGNED BY THE RECIPIENT AND RETURNED TO THE FDOT DISTRICT SIX OFFICE BEFORE JULY 2,2007. The undersigned accepts the above described award and: (Check all appropriate) a. Reaffirms its assurances to FTA and FDOT as stated in Exhibits F, G, and H of its application.. b. Requests the purchases of the vehicles/equipment in ( / month year AGENCY: Accepted By: Date: (Signature) Typed Name and Title: Agency vendor number as registered in My Florida Marketplace: SHOULD YOU HA VE ANY QUESTIONS, KINDLY CONTACT IKE MAHMOOD, 305-470-5166 .,: ~\\ -::-----:\ .==: ~:::i.II -==> I ~ \./ Florida Department of Transportation CHARLIE CRIST GOVERNOR District Six - Public Transportation Office 1000 NW 1110. Ave., Room 6114 Miami, Florida 33171-5800 TeL (305) 470-5195 Fax (305) 470-5179 STEPHAc"llIE KOPELOUSOS SECRETARY NOTICE FTA SECTION 5310 TIDS NOTICE OF GRANT AWARD IS NOT FINAL UNTIL A COMMUNITY TRANSPORTATION COORDINATOR (CTC) AGREEMENT IS SIGNED BY GillDANCE CLINIC OF THE MIDDLE KEYS AND PROVIDED TO THE FLORIDA DEPARTMENT OF TRANSPORTATION BEFORE JULY 2, 2007 SHOULD YOU HAVE ANY QUESTIONS, KINDLY CONTACT IKE MAHMOOD, 305-470-5166 Crystal Reports Viewer Page 1 of 1 o G e ~inReporti:J 00 I of I oonel '0 11000/03 o crYStal-:- 'tj{)3 B.O.C.C. +<l9 Community Sen expenditure Line Item Budget Report grouped by Business Center, Business Unit Monroe County Board of County Commissioners Account FY 2006 FY 2007 FY 2007 FY 2008 FY 2009 FY 2010 Code Account Description Actual Adopted Amendod Budget Budget Budget Fiscal Year 2008 FY 2011 FY 2012 Budget Budget 4.000 4.000 4,000 5,000 5,000 5,000 500 500 500 500 500 500 0 0 0 0 0 0 0 0 0 0 0 0 16,000 16,000 16,000 26,000 26,000 26,000 26,000 28,000 28,000 26,000 28,000 28,000 646,778 669,958 672,228 9,000 9,000 9,000 8,500 8,500 8,500 49,479 51,117 51,287 ,1311 IT 87,692 151,680 151,680 151.680 27,149 28,122 28,154 1,000 1,000 1,000 9,000 9,000 9,000 154,055 154,055 154,055 3,000 3,000 3,000 3,000 3,000 3,000 33,198 33,198 33,198 25,000 25,000 25,000 2,000 2,000 2,000 500 500 500 500 500 500 2,000 2,000 2,000 8,000 8,000 8,000 1,000 1,000 1.000 4,000 4,000 4,000 55,000 55,000 55,000 1,750 1,750 1,750 0 0 0 8,000 8,000 8,000 1,268, 720 1.298,645 1.299,544 1,288,720 1,298,845 1,299,_ 1,288,720 1,298,845 1,299,_ '..........,...u '................. '................. GovMax fCv~ 1:>,2.50 Jh~JSF~'{lfSfiJ filon Fl.>6'-::c~tJi:\L 5/29/2007 '4ffi~L~~0;-Jii%~~~}tt_~ https:/ /www.fiscalgovreports.comlSecureReports/Dhtmlreport.csp ?id=277249&init=conne... 5/29/2007