H. Growth Management
y
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: June 20. 2007
Division:
Growth Management
Bulk Item: Yes l No
Department: Planning
Staff Contact Person: Andrew Trivette
AGENDA ITEM WORDING:
Approval of grant funding from the Florida Department of Transportation, in the amount of $365,000 for
transportation planning activities in Monroe County.
ITEM BACKGROUND:
The Florida Department of Transportation provides funds for transportation planning activities to counties
and municipalities. FDOT is scheduled to provide $365,000 in transportation planning funds to Monroe
County, allocation of these funds requires a 12.5% county match of $52,142.85. This brings the contract
total to $417,142.85.
These funds will provide the county with the ability to perform several transportation plans, including the
continuation of time and travel delay studies, a traffic maximization study for the Key Largo entrance, a
feasibility and implementation study for the Stock Island corridor enhancement plan, a corridor
enhancement plan from Duck Key to Long Key, and a corridor landscape master plan. These funds also
will continue funding a part-time planner to coordinate the activities of the Florida Keys Scenic Highway
and to perform in-house transportation planning support.
PREVIOUS RELEVANT BOCC ACTION:
N/A
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATIONS:
Approval
TOTAL COST: $417.142.85
BUDGETED: Yes X
No
COST TO COUNTY: $52.142.85
86509-590125
SOURCE OF FUNDS: _148-5810-
REVENUE PRODUCING: Yes No l
b'
APPROVED BY: County Atty cf X
AMOUNT PER MONTH Year
OMB/Purchasing X
Risk Management -X
DOCUMENTATION: Included X
Not Required_
DISPosmON:
AGENDA ITEM #
".
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Florida Department Contract #
of Transportation Effective Date:
Expiration Date:
Contract Purpose/Description:
This is a Joint Participation Agreement with FDOT for transportation planning activities in
Monroe County. involving scenic highway management. corridor enhancement studies. traffic
studies. and landscape planning in the right-of-way.
Contract Manager: Charlene Wylie 2521 Planning and Environmental
Resources
(Name) (Ext.) (Department/Stop #)
for BOCC meeting on June 20. 2007 Agenda Deadline: June 4. 2007
CONTRACT COSTS
Total Dollar Value of Contract: $ 417,142.85 Current Year Portion: $ 417,142.85
Budgeted? Yes~ No 0 Account Codes: MA-:HsIO-S650~90115
Grant: $ 365,000 1Je,j) Acc--l ~ F-vvrJ IdS
County Match: $ 52,142.85
- - - -
-----
Estimated Ongoing Costs: $Qlyr
(Not included in dollar value above)
ADDITIONAL COSTS
For:
(eg. maintenance, utilities, ianitorial, salaries, etc.)
CONTRACT REVIEW
Changes
Date In Needed ~
Division Director t, - /" 6 7 Y esO NoD _
Risk ~emenl ~-v7 YesO Nod ~ ~
~ ~~~ -~~
O.M.B./PurCMsing ill-='- YesO No[2J ~\,,~..;z::,
County Attorney ~ YesO N~ ,1/11 ~
Comments:
Date Out
t 9 11
-cn
Colrlo~
OMB Fonn Revised 2/27/01 MCP #2
STATE OF FLQRIOA DEPARn/E~, T OF TRANSPORT A TION
PUBLIC TRANSPORTATION
JOINT PARTICIPATION AGREEMENT
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Financial PrOject No.: Fund: XL FLAIR Approp.: 088854
252228-1-14-07 Function: 215 FLAIR Obj.: 790015
(item.segment.phase.sequence ) Federal No.: Org. Code: 55062010630
Contract No,: DUNS No.: Vendor No, F596000749054
CFDA Number: 20.205 CSFA Number:
THIS AGREEMENT, made and entered into this
day of
by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida,
hereinafter referred to as the Department, and MONROE COUNTY, FLORIDA, 1100 Simonton Street,
Key West, Florida 33040
hereinafter referred to as Agency, The Department and Agency agree that all terms of this Agreement will be completed
on or before December 31, 2009
in accordance with Section 18.00.
and this Agreement will expire unless a time extension is provided
WITNESSETH:
WHEREAS, the Agency has the authority to enter into said Agreement and to undertake the project hereinafter described,
and the Department has been granted the authority to function adequately in all areas of appropriate jurisdiction including
the implementation of an integrated and balanced transportation system and is authorized under
334.044
Florida Statutes, to enter into this Agreement.
NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agree
as follows:
1.00 Purpose of Agreement: The purpose of this Agreement is
to provide funding to the Agency to undertake the work elements related to: 1) general, short- and long-range
transportation planning; 2) US-1 arterial travel time and delay studies; and 3) Florida Keys Scenic Highway Coordinator,
and as further described in Exhibit(s) A, B, C. and D attached hereto and by this reference made a part
hereof, hereinafter referred to as the proJect, and to provide Departmental financial assistance to the Agency and state the
terms and conditions upon which such assistance will be provided and the understandings as to the manner in which the
project will be undertaken and completed
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2.00 Accomplishment of the Project
2.10 General Requirements: The Agency shall commence, and complete the project as described in Exhibit
"A" attached hereto and by this reference made a part hereof this Agreement, with all practical dispatch, in a sound,
economical, and efficient manner, and in accordance with the provisions herein, and all applicable laws.
2.20 Pursuant to Federal, State, and Local Law: In the event that any election, referendum, approval, permit,
notice, or other proceeding or authorization is requisite under applicable law to enable the Agency to enter into this
Agreement or to undertake the project hereunder, or to observe, assume or carry out any of the provisions of the
Agreement, the Agency will initiate and consummate, as provided by law, all actions necessary with respect to any such
matters so requisite.
2.30 Funds of the Agency: The Agency shall initiate and prosecute to completion all proceedings necessary
including federal aid requirements to enable the Agency to provide the necessary funds for completion of the project.
2.40 Submission of Proceedings, Contracts and Other Documents: The Agency shall submit to the
Department such data, reports, records. contracts and other documents relating to the project as the Department may
require as listed in Exhibit "C" attached hereto and by this reference made a part hereof.
3.00 Project Cost: The total estimated cost of the project is $ 417,142.85 . This amount
is based upon the estimate summarized in Exhibit "B" attached hereto and by this reference made a part hereof this
Agreement. The Agency agrees to bear all expenses in excess of the total estimated cost of the project and any deficits
involved.
4.00 Department Participation: The Department agrees to maximum participation, including contingencies,
in the project in the amount of $ 365,000.00 as detailed in Exhibit "B", or in an amount equal to the
percentage(s) of total project cost shown in Exhibit "B", whichever is less.
4.10 Project Cost Eligibility: Project costs eligible for State participation will be allowed only from the effective
date of this agreement. It is understood that State participation in eligible project costs is subject to:
(a) Legislative approval of the Department's appropriation request in the work program year that the project is
scheduled to be committed;
(b) Availability of funds as stated in Section 17.00 of this Agreement;
(c) Approval of all plans, specifications, contracts or other obligating documents and all other terms of this
Agreement;
(d) Department approval of the project scope and budget (Exhibits A & B) at the time appropriation authority
becomes available.
4.20 Front End Funding: Front end funding 0 is @ is not applicable. If applicable, the Department
may initially pay 100% of the total allowable incurred project costs up to an amount equal to its total share of participation
as shown in paragraph 4.00.
5.00 Retainage: Retainage 0 is @ is not applicable. If applicable, ~__.~ percent of the
Department's total share of participation as shown in paragraph 4.00 is to be held in retainage to be disbursed, at the
Department's discretion, on or before the completion of the final project audit.
6.00 Project Budget and Payment Provisions:
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6.10 The Project Budget: A project budget shall be prepared by the Agency and approved by the Department.
The Agency shall maintain said budget, carry out the project and shall incur obligations against and make disbursements
of project funds only in conformity with the latest approved budget for the project. No budget increase or decrease shall
be effective unless it complies with fund participation requirements established in Section 4.00 of this Agreement and is
approved by the Department Comptroller.
6.20 Payment Provisions: Unless otherwise allowed under Section 4.20, payment will begin in the year the
project or project phase is scheduled in the work program as of the date of the agreement. Payment will be made for
actual costs incurred as of the date the invoice is submitted with the final payment due upon receipt of a final invoice.
7.00 Accounting Records:
7.10 Establishment and Maintenance of Accounting Records: The Agency shall establish for the project, in
conformity with requirements established by Department's program guidelines/procedures and "Principles for State and
Local Governments", separate accounts to be maintained within its existing accounting system or establish independent
accounts. Such accounts are referred to herein collectively as the "project account", Documentation of the project
account shall be made available to the Department upon request any time during the period of the Agreement and for
three years after final payment is made,
7.20 Funds Received Or Made Available for The Project: The Agency shall appropriately record in the project
account, and deposit in a bank or trust company which is a member of the Federal Deposit Insurance Corporation, all
payments received by it from the Department pursuant to this Agreement and all other funds provided for, accruing to, or
otherwise received on account of the project, which Department payments and other funds are herein collectively
referred to as "project funds". The Agency shall require depositories of project funds to secure continuously and fully all
project funds in excess of the amounts insured under federal plans, or under State plans which have been approved for
the deposit of project funds by the Department, by the deposit or setting aside of collateral of the types and in the manner
as prescribed by State Law for the security of pUblic funds, or as approved by the Department.
7.30 Costs Incurred for the Project: The Agency shall charge to the project account all eligible costs of the
project. Costs in excess of the latest approved budget or attributable to actions which have not received the required
approval of the Department shall not be considered eligible costs.
7.40 Documentation of Project Costs: All costs charged to the project, including any approved services
contributed by the Agency or others, shall be supported by properly executed payrolls. time records, invoices, contracts, or
vouchers evidencing in proper detail the nature and propriety of the charges.
7.50 Checks, Orders, and Vouchers: Any check or order drawn by the Agency with respect to any item which is
or will be chargeable against the project account will be drawn only in accordance with a properly signed voucher then on
file in the office of the Agency stating in proper detail the purpose for which such check or order is drawn. All checks,
payrolls, invoices, contracts, vouchers, orders, or other accounting documents pertaining in whole or in part to the project
shall be clearly identified, readily accessible, and, to the extent feasible, kept separate and apart from all other such
documents,
7.60 Audit Reports: In addition to the requirements below, the Agency agrees to comply and cooperate with any
monitoring procedures/processes deemed appropriate by the Department, including but not limited to site visits
and limited scope audits, The Agency further agrees to comply and cooperate with any inspections, reviews.
Investigations, or audits deemed necessary by the State Comptroller or Auditor General. The Agency shall retain
sufficient records demonstrating its compliance with the terms of this Agreement for a period of three years from the date
the audit report is issued, and shall allow the Department access to such records and working papers upon request. The
follOWing requirements do 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 state agency inspector general, the Auditor
General, or any other state official.
The Agency shall comply with all audit and audit reporting requirements as specified in Exhibit "0" attached hereto and by
this reference made a part hereof this Agreement.
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7.61 Monitoring: In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section
215_97, Florida Statutes, (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, and/or other procedures_ The Agency 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 Agency is appropriate, the Agency agrees to comply
with any additional instructions provided by the Department staff to the Agency regarding such audit. The Agency further
agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessa'Y by FDOT's
Office of Inspector General (OIG) and Florida's Chief Financial Officer (CFO) or Auditor General.
7.62 Audits:
Part I Federally Funded: If the Agency is a state, local government, or non-profit organizations as defined in OMB
Circular A-133 and a recipient of federal funds, the following annual audit criteria will apply:
1_ 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.
Exhibit "0" to this agreement indicates Federal resources awarded through the Department by this agreement. In
detennining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards,
including Federal resources received from the Department. The determination 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 of OMB Circular A-133.
3. If the recipient expends less than the amount in Part I, Paragraph 1., an audit conducted in accordance with the
provisions of OMB Circular A-133, is not required. If the recipient elects to conduct such an audit, the cost of the audit
must be paid from 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 II State Funded: If the Agency is a nonstate entity as defined by Section 215.97(2)(m), Florida Statutes, and
a recipient of state funds, the following annual audit criteria will apply:
1. 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, 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 Department of Financial Services and the CFO; and Chapters
10.550 (local govemmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General.
Exhibit "0" to this agreement indicates state financial assistance awarded through the Department by this agreement. In
detennining the state financial assistance expended 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 nonstate 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 Chapter 10.550 (local governmental entities)
or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General.
3. If the recipient expends less than the amount in Part II, Paragraph 1.. such audit is not required. If the recipient
elects to conduct such an audit, the cost of the audit must be paid from the reCipient's resources obtained from nonstate
entities.
4. State awards are to be identified using the Catalog of State Financial Assistance (CSFA) title and number,
award number and year, and name of the state agency awarding it.
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Part III Other Audit Requirements
1. The Agency shall follow-up and take corrective action on audit findings. Preparation of a summary 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.
2. 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 Department, the
Department 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.
Part IV Report Submission
1. Copies of reporting packages for audits conducted in accordance with OMS Circular A-133, as revised, and required
by Section 7.621 of this agreement shall be submitted, when required by Section .320 (d), OMS Circular A-133, 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 NW 111 Avenue
Miami, Florida 33172
S. The number of copies required by Sections .320 (d)(1) and (2), OMS Circular A-133, submitted to 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-133.
2. In the event that a copy of the reporting package for an audit required by Section 7.621 of this Agreement and
conducted in accordance with OMB Circular A-133 is not required to be submitted to the Department for reasons
pursuant to section .320 (e)(2), OMB Circular A-133, the recipient shall submit the required written notification
pursuant to Section .320 (e)(2) and a copy of the recipient's audited schedule of expenditures of Federal awards
directly to each of the following:
Florida Department of Transportation
1000 NW 111 Avenue
Miami, Florida 33172
In addition, pursuant to Section .320 (f). OMS Circular A-133. as revised, the recipient shall submit a copy of the
reporting package described in Section .320 (c), OMB Circular A-133, and any management letters issued by the
auditor, to the Department at each of the following addresses:
Florida Department of Transportation
1000 NW 111 Avenue
Miami, Florida 33172
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3. Copies of financial reporting packages required by Section 7.622 of this Agreement shall be submitted 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 NW 111 Avenue
Miami, Florida 33172
B. The Auditor General's Office at the following address:
Auditor General's Office
Room 401, Pepper Building
111 West Madison Street
Tallahassee, Florida 32399-1450
4. Copies of reports or the management letter required by Section 7.623 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 NW 111 Avenue
Miami, Florida 33172
5. Any reports, management letter, or other information required to be submitted to the Department pursuant to this
Agreement shall be submitted timely in accordance with OMB Circular A-133, Section 215.97, Florida Statutes, and
Chapter 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 with OMB
Circular A-133 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 Agency in
correspondence accompanying the reporting package.
7.63 Record Retention: The Agency 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 CFO or Auditor General access to such records upon request. The Agency shall ensure that the
independent audit working papers are made available to the Department, or its designee, the CFO, or Auditor General
upon request for a period of at least five years from the date the audit report is issued, unless extended in writing by the
Department.
7.64 Other Requirements: If an audit discloses any significant audit findings related to any award, including
material noncompliance with individual project compliance requirements or reportable conditions in internal controls of the
Agency, the Agency shall submit as part of the audit paCkage to the Department a plan for corrective action to eliminate
such audit findings or a statement describing the reasons that corrective action is not necessary. The Agency shall take
timely and appropriate corrective action to any audit findings, recommendations, and corrective action plans,
7.65 Insurance: Execution of this Joint Participation Agreement constitutes a certification that the Agency has and
will maintain the ability to repair or replace any project equipment or facilities in the event of loss or damage due to any
accident or casualty for the useful life of such equipment or facilities. In the event of the loss of such equipment or
facilities, the Agency shall either replace the equipment or facilities or reimburse the Department to the extent of its interest
in the lost equipment or facility, In the event this Agreement is for purchase of land or for the construction of infrastructure
such as airport runways the Department may waive or modify this section.
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8.00 Requisitions and Payments:
8.10 Action by the Agency: In order to obtain any Department funds, the Agency shall file with the Department
of Transportation. District Six Public Transportation Office 1000 NW 111 Avenue, Planning Office, Miami ,FL,
33172 its requisition on a form or forms prescribed by the Department, and any other data pertaining to
the project account (as defined in Paragraph 7.10 hereof) to justify and support the payment requisitions.
8.11 Invoices for fees or other compensation for services or expenses shall be submitted in detail
sufficient for a proper preaudit and postaudit thereof.
8.12 Invoices for any travel expenses shall be submitted in accordance with Chapter 112.061. F.S.
The Department may establish rates lower than the maximum provided in Chapter 112.061, F.S.
8.13 For real property acquired, submit;
(a) the date the Agency acquired the real property,
(b) a statement by the Agency certifying that the Agency has acquired said real property, and
actual consideration paid for real property.
(c) a statement by the Agency certifying that the appraisal and acquisition of the real property
together with any attendant relocation of occupants was accomplished in compliance with all
federal laws, rules and procedures required by any federal oversight agency and with all state
laws, rules and procedures that may apply to the Agency acquiring the real property.
8.20 The Department's Obligations: Subject to other provisions hereof, the Department will honor such
requisitions in amounts and at times deemed by the Department to be proper to ensure the carrying out of the project
and payment of the eligible costs. However, notwithstanding any other provision of this Agreement, the Department
may elect by notice in writing not to make a payment on the project if:
8.21 Misrepresentation: The Agency shall have made misrepresentation of a material nature in its application,
or any supplement thereto or amendment thereof, or in or with respect to any document or data fumished therewith or
pursuant hereto;
8.22 Litigation: There is then pending litigation with respect to the performance by the Agency of any of its duties
or obligations which may jeopardize or adversely affect the project, the Agreement, or payments to the project;
8.23 Approval by Department: The Agency shall have taken any action pertaining to the project which, under
this agreement, requires the approval of the Department or has made related expenditures or incurred related
obligations without having been advised by the Department that same are approved;
8.24 Conflict of Interests: There has been any violation of the conflict of interest provisions contained herein;
or
8.25 Default: The Agency has been determined by the Department to be in default under any of the
provisions of the Agreement
8.26 Federal Participation (If Applicable): Any federal agency providing federal financial assistance to the
project suspends or terminates federal financial assistance to the project. In the event of suspension or termination of
federal financial assistance, the Agency will reimburse the Department for all disallowed costs, including any and all
federal financial assistance as detailed in Exhibit "8."
8.30 Disallowed Costs: In determining the amount of the payment, the Department will exclude all projects
costs incurred by the Agency prior to the effective date of this Agreement, costs which are not provided for in the latest
approved budget for the project, and costs attributable to goods or services received under a contract or other
arrangements which have not been approved in writing by the Department.
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8.40 Payment Offset: If, after project completion, any claim is made by the Department resulting from an audit
or for work or services performed pursuant to this agreement, the Department may offset such amount from payments
due for work or services done under any public transportation joint participation agreement which it has with the Agency
owing such amount if, upon demand, payment of the amount is not made within sixty (60) days to the Department.
Offsetting amounts shall not be considered a breach of contract by the Department.
9.00 Termination or Suspension of Project:
9.10 Termination or Suspension Generally: If the Agency abandons or, before completion, finally discontinues
the project; or if, by reason of any of the events or conditions set forth in Sections 8.21 to 8.26 inclusive, or for any other
reason, the commencement, prosecution, or timely completion of the project by the Agency is rendered improbable,
infeasible, impossible, or illegal, the Department will, by written notice to the Agency, suspend any or all of its
obligations under this Agreement until such time as the event or condition resulting in such suspension has ceased or
been corrected, or the Department may terminate any or all of its obligations under this Agreement.
9.11 Action Subsequent to Notice of Termination or Suspension. Upon receipt of any final termination or
suspension notice under this paragraph, the Agency shall proceed promptly to cany out the actions required therein
which may include any or all of the following: (1) necessary action to terminate or suspend, as the case may be, project
activities and contracts and such other action as may be required or desirable to keep to the minimum the costs upon the
basis of which the financing is to be computed; (2) furnish a statement of the project activities and contracts, and other
undertakings the cost of which are othelWise includable as project costs; and (3) remit to the Department such portion of
the financing and any advance payment previously received as is determined by the Department to be due under the
provisions of the Agreement. The termination or suspension shall be carried out in conformity with the latest schedule,
plan. and budget as approved by the Department or upon the basis of terms and conditions imposed by the Department
upon the failure of the Agency to fumish the schedule, plan, and budget within a reasonable time, The approval of a
remittance by the Agency or the closing out of federal financial participation in the project shall not constitute a waiver of
any claim which the Department may othelWise have arising out of this Agreement
9.12 The Department reserves the right to unilaterally cancel this Agreement for refusal by the contractor
or Agency to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter
119, F.S. and made or received in conjunction with this Agreement.
10.00 Remission of Project Account Upon Completion of Project: Upon completion of the project, and after
payment, provision for payment, or reimbursement of all project costs payable from the project account is made, the
Agency shall remit to the Department its share of any unexpended balance in the project account.
11.00 Audit and Inspection: The Agency shall permit, and shall require its contractors to permit, the
Department's authorized representatives to inspect all work, materials, payrolls, records; and to audit the books, records
and accounts pertaining to the financing and development of the project.
12.00 Contracts of the Agency:
12.10 Third Party Agreements: Except as otherwise authorized in writing by the Department, the Agency shall
not execute any contract or obligate itself in any manner requiring the disbursement of Department joint participation
funds, Including consultant, construction or purChase of commodities contracts or amendments thereto, with any third
party with respect to the project without the written approval of the Department. Failure to obtain such approval shall be
sufficient cause for nonpayment by the Department as provided in Section 8.23. The Department specifically reserves
unto itself the right to review the qualifications of any consultant or contractor and to approve or disapprove the
employment of the same,
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12.20 Compliance with Consultants' Competitive Negotiation Act: It is understood and agreed by the parties
hereto that participation by the Department in a project with an Agency, where said project involves a consultant contract
for engineering, architecture or surveying services, is contingent on the Agency complying in full with provisions of
Chapter 287, F.S., Consultants' Competitive Negotiation Act. At the discretion of the Department, the Agency will involve
the Department in the Consultant Selection Process for all contracts. In all cases, the Agency's Attorney shall certify to
the Department that selection has been accomplished in compliance with the Consultants' Competitive Negotiation Act.
12.30 Disadvantaged Business Enterprise (DBE) Policy and Obligation:
12.31 DBE Policy: It is the policy of the Department that disadvantaged business enterprises as defined
in 49 CFR Part 26, as amended, shall have the maximum opportunity to participate in the performance of
contracts financed in whole or in part with Department funds under this Agreement. The DBE requirements of 49 CFR
Part 26, as amended, apply to this Agreement.
12.32 DBE Obligation: The Agency and its contractors agree to ensure that Disadvantaged Business
Enterprises as defined in 49 CFR Part 26, as amended, have the maximum opportunity to participate in the performance
of contracts and this Agreement. In this regard, all recipients, and contractors shall take all necessary and reasonable
steps in accordance with 49 CFR Part 26, as amended, to ensure that the Disadvantaged Business Enterprises have the
maximum opportunity to compete for and perform contracts. Grantees, recipients and their contractors shall not
discriminate on the basis of race, color, national origin or sex in the award and performance of Department assisted
contracts.
12.40 The Agency agrees to report any reasonable cause notice of noncompliance based on 49 CFR Part 26 filed
under this section to the Department within 30 days of receipt by the Agency.
13.00 Restrictions, Prohibitions. Controls, and Labor Provisions:
13.10 Equal Employment Opportunity: In connection with the carrying out of any project, the Agency shall
not discriminate against any employee or applicant for employment because of race, age, creed, color, sex or national
origin. The Agency will take affirmative action to ensure that applicants are employed, and that employees are treated
during employment, without regard to their race, age, creed, color, sex, or national origin. Such action shall include, but
not be limited to, the following: Employment upgrading, demotion, or transfer; recruitment or recruitment advertising;
layoff or termination; rates of payor other forms of compensation; and selection for training, including apprenticeship.
The Agency shall insert the foregoing provision modified only to show the particular contractual relationship in all its
contracts in connection with the development or operation of the project, except contracts for standard commercial
supplies or raw materials, and shall require all such contractors to insert a similar provision in all subcontracts, except
subcontracts for standard commercial supplies or raw materials. When the project involves installation, construction,
demolition, removal, site improvement, or similar work, the Agency shall post, in conspicuous places available to
employees and applicants for employment for project work, notices to be provided by the Department setting forth the
provisions of the nondiscrimination clause.
13.20 Title VI - Civil Rights Act of 1964: Execution of this Joint Participation Agreement constitutes a
certification that the Agency will comply with all the requirements imposed by Title VI of the Civil Rights Act of 1964 (42
U.S.C. 2000d, et. seq.), the Regulations of the Federal Department of Transportation issued thereunder, and the
assurance by the Agency pursuant thereto.
13.30 Title VIII - Civil Rights Act of 1968: Execution of this Joint Participation Agreement constitutes a
certification that the Agency will comply with all the requirements imposed by Title VIII of the Civil Rights Act of 1968,42
USC 3601 ,et seq., which among other things, prOhibits discrimination in housing on the basis of race, color, national
origin, creed, sex, and age.
13.40 Americans with Disabilities Act of 1990 (ADA): Execution of this Joint Participation Agreement
constitutes a certification that the Agency will comply with all the requirements imposed by the ADA (42 US.C. 12102, et.
seq.), the regulations of the federal government issued thereunder, and the assurance by the Agency pursuant thereto.
725-030-06
PUBliC TRA."S?ORT A. nON
03/07
Page ~:) of ~4
13.50 Prohibited Interests: The Agency shall not enter into a contract or arrangement in connection with the
project or any property included or planned to be included in the proJect, with any officer, director or employee of the
Agency, or any business entity of which the officer, director or employee or the officer's, director's or employee's spouse
or child is an officer, partner, director, or proprietor or in which such officer, director or employee or the officer's, director's
or employee's spouse or child, or any combination of them, has a material interest.
"Material Interest" means direct or indirect ownership of more than 5 percent of the total assets or capital stock of any
business entity.
The Agency shall not enter into any contract or arrangement in connection with the project or any property included or
planned to be included in the project, with any person or entity who was represented before the Agency by any person
who at any time during the immediately preceding two years was an officer, director or employee of the Agency.
The provisions of this subsection shall not be applicable to any agreement between the Agency and its fiscal
depositories, any agreement for utility services the rates for which are fixed or controlled by the government, or any
agreement between the Agency and an agency of state govemment.
13.60 Interest of Members of, or Delegates to, Congress: No member or delegate to the Congress of the
United States shall be admitted to any share or part of the Agreement or any benefit arising therefrom.
14.00 Miscellaneous Provisions:
14.10 Environmental Pollution: Execution of this Joint Participation Agreement constitutes a certification by the
Agency that the project will be carried out in conformance with all applicable environmental regulations including the
securing of any applicable permits. The Agency will be solely responsible for any liability in the event of non-compliance
with applicable environmental regulations, including the securing of any applicable permits, and will reimburse the
Department for any loss incurred in connection therewith
14.20 Department Not Obligated to Third Parties: The Department shall not be obligated or liable hereunder
to any party other than the Agency.
14.30 When Rights and Remedies Not Waived: In no event shall the making by the Department of any
payment to the Agency constitute or be construed as a waiver by the Department of any breach of covenant or any
default which may then exist, on the part of the Agency, and the making of such payment by the Department while any
such breach or default shall exist shall in no way impair or prejudice any right or remedy available to the Department with
respect to such breach or default.
14.40 How Agreement Is Affected by Provisions Being Held Invalid: If any provision of this Agreement is
held invalid, the remainder of this Agreement shall not be affected. In such an instance the remainder would then
continue to conform to the terms and requirements of applicable law.
14.50 Bonus or Commission: By execution of the Agreement the Agency represents that it has not paid and,
also, agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the
financing hereunder.
14.60 State or Territorial Law: Nothing in the Agreement shall require the Agency to observe or enforce
compliance with any provision thereof, perform any other act or do any other thing in contravention of any applicable State
law: Provided, that if any of the provisions of the Agreement violate any applicable State law, the Agency will at once notify
the Department in writing in order that appropriate changes and modifications may be made by the Department and the
Agency to the end that the Agency may proceed as soon as possible with the project.
725-030-06
PUBliC TRANSPORTATiON
n:V07
Pd9€ 11 0114
14.70 Use and Maintenance of Project Facilities and Equipment: The Agency agrees that the project facilities
and equipment will be used by the Agency to provide or support public transportation for the period of the useful life of
such facilities and equipment as determined in accordance with general accounting principles and approved by the
Department. The Agency further agrees to maintain the project facilities and equipment in good working order for the
useful life of said facilities or equipment.
14.71 Property Records: The Agency agrees to maintain property records, conduct physical inventories and
develop control systems as required by 49 CFR Part 18, when applicable.
14.80 Disposal of Project Facilities or Equipment: If the Agency disposes of any project facility or equipment
during its useful life for any purpose except its replacement with like facility or equipment for public transportation use, the
Agency will comply with the terms of 49 CFR Part 18 relating to property management standards. The Agency agrees to
remit to the Department a proportional amount of the proceeds from the disposal of the facility or equipment. Said
proportional amount shall be determined on the basis of the ratio of the Department financing of the facility or equipment
as provided in this Agreement.
14.90 Contractual Indemnity: To the extent provided by law, the Agency shall indemnify, defend, and hold
harmless the Department and all of its officers, agents, and employees from any claim, loss, damage, cost, charge, or
expense arising out of any act, error, omission, or negligent act by the Agency, its agents, or employees, during the
performance of the Agreement, except that neither the Agency, its agents, or its employees will be liable under this
paragraph for any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent act
by the Department or any of its officers, agents, or employees during the performance of the Agreement.
When the Department receives a notice of claim for damages that may have been caused by the Agency in the
performance of services required under this Agreement, the Department will immediately forward the claim to the
Agency. The Agency and the Department will evaluate the claim and report their findings to each other within fourteen
(14) working days and will jointly discuss options in defending the claim. After reviewing the claim, the Department will
determine whether to require the participation of the Agency in the defense of the claim or to require that the Agency
defend the Department in such claim as described in this section. The Department's failure to promptly notify the Agency
of a claim shall not act as a waiver of any right herein to require the participation in or defense of the claim by Agency.
The Department and the Agency will each pay its own expenses for the evaluation, settlement negotiations, and trial, if
any. However, if only one party participates in the defense of the claim at trial, that party is responsible for all expenses
at trial.
15.00 Plans and Specifications: In the event that this Agreement involves the purchasing of capital equipment
or the constructing and equipping of facilities, the Agency shall submit to the Department for approval all appropriate
plans and specifications covering the project. The Department will review all plans and specifications and will issue to the
Agency written approval with any approved portions of the project and comments or recommendations conceming any
remainder of the project deemed appropriate. After resolution of these comments and recommendations to the
Department's satisfaction, the Department will issue to the Agency written approval with said remainder of the project.
Failure to obtain this written approval shall be sufficient cause for nonpayment by the Department as provided in
8.23.
16.00 Project Completion, Agency Certification: The Agency will certify in writing on or attached to the final
invoice, that the project was completed in accordance with applicable plans and specifications, is in place on the Agency
facility, that adequate title is in the Agency and that the project is accepted by the Agency as suitable for the intended
purpose.
17.00 Appropriation of Funds:
17.10 The State of Florida's performance and obligation to pay under this Agreement is contingent upon an
annual appropriation by the Legislature.
72S-03G'()6
PUBL:C TRANSPORTATION
03107
PagA 12 ot 14
17.20 Multi-Year Commitment: In the event this Agreement is in excess of $25,000 and has a term for a period
of more than one year, the provisions of Chapter 339.135(6)(a), F.S., are hereby incorporated: "(a) 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 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 exceeding 1 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 25,000 dollars and which have a term for
a period of more than 1 year."
18.00 Expiration of Agreement: The Agency agrees to complete the project on or before
December 31, 2009 . If the Agency does not complete the project within this time period, this Agreement
will expire unless an extension of the time period is requested by the Agency and granted in writing by the
District Six Secretary . Expiration of this Agreement will be considered termination
of the project and the procedure established in Section 9.00 of this Agreement shall be initiated.
18.10 Final Invoice: The Agency must submit the final invoice on this project to the Department within 120 days
after the expiration of this Agreement. Invoices submitted after the 120 day time period will not be paid.
19.00 Agreement Format: All words used herein in the singular form shall extend to and include the plural. All
words used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and
include all genders.
20.00 Execution of Agreement: This Agreement may be simultaneously executed in a minimum of two
counterparts, each of which so executed shall be deemed to be an original, and such counterparts together shall
constitute one in the same instrument.
21.00 Restrictions on Lobbying:
21.10 Federal: The Agency agrees that no federal appropriated funds have been paid or will be paid by or on
behalf of the Agency, to any person for influencing or attempting to influence any 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 making 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.
If any funds other than federal appropriated funds have been paid by the Agency 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 Joint Participation Agreement, the
undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with
its instructions.
The Agency shall require that the language of this section be included in the award documents for all subawards at all
tiers (including subcontracts, subgrants, and contracts under grants, loans and cooperative agreements) and that all
subrecipients shall certify and disclose accordingly.
21.20 State: No funds received pursuant to this contract may be expended for lobbying the Legislature or a state
agency.
725-03G-06
PuBliC ~RANSPORT A TK)N
03107
Page 13 of 14
22.00 Vendors Rights: Vendors (in this document identified as Agency) provldmg goods and services to the
Department should be aware of the following time frames. Upon receipt, the Department has five (5) working days to
inspect and approve the goods and services unless the bid specifications, purchase order or contract specifies otherwise.
The Department has 20 days to deliver a request for payment (voucher) to the Department of Financial Services. The 20
days are measured from the latter of the date the invoice is received or the goods or services are received, inspected
and approved.
If a payment is not available within 40 days after receipt of the invoice and receipt, inspection and approval of goods and
services, a separate interest penalty in accordance with Section 215.422(3)(b), F.S. will be due and payable, in addition
to the invoice amount to the Agency. The interest penalty provision applies after a 35 day time period to health care
providers, as defined by rule. Interest penalties of less than one (1) dollar will not be enforced unless the Agency
requests payment. Invoices which have to be retumed to an Agency because of vendor preparation errors will result in a
delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the
Department.
A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual
include acting as an advocate for Agencies who may be experiencing problems in obtaining timely payment(s) from the
Department The Vendor Ombudsman may be contacted at (850) 410-9724 or by calling the Department of
Financial Services Hotline, 1-800-848-3792.
23.00 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 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, 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 s. 287.017, F.S. for CATEGORY TWO for a period of 36
months from the date of being placed on the convicted vendor list.
24.00 Discrimination: An entity or affiliate who has been placed on the discriminatory vendor list 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, or consultant under a contract
with any public entity, and may not transact business with any public entity.
725-D30.{J6
PUBLIC TRANSPCRTATION
03107
P.?lG~ 14 of 1~
Financial Project No. 252228-1-14-07
Contract No.
Agreement Date
IN WITNESS WHEREOF, the parties hereto have caused these presents be executed, the day and year first above written.
AGENCY
BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA
AGENCY NAME
MARIO DI GENNARO
SIGNATORY (PRINTED OR TYPED)
SIGNATURE
MAYOR
TITLE
FOOT
See attached Encumbrance Form for date of Funding
Approval by Comptroller
LEGAL REVIEW
DEPARTMENT OF TRANSPORTATION
DEPARTMENT OF TRANSPORTATION
District Six Secretary
TITLE
MONROE COUNTY ATTORNEY
APPRO 0 AS TO FORM:
SUSAN M. IMSLEY
ASSI~T CO NTY ATTORNEY
Date -JI - 0 '?
FM # 252228-1-14-07
CONTRACT #
EXHIBIT" A"
PROJECT DESCRIPTION Al'D RESPONSIBILITIES
This exhibit forms an integral part of that certain Joint Participation Agreement between the
State of Florida, Department of Transportation, and the Monroe County Planning Department,
Suite 410, 2798 Overseas Highway, Suite 400, Marathon, Florida, 33050, dated
PROJECT LOCATION:
Monroe County, Florida
PROJECT DESCRIPTION:
Monroe County Transportation Planning Program
SCOPE OF SERVICES
TASK 1: TRANSPORTATION PLANNING ASSISTA.~CE
1. PURPOSE
The purpose of this task is to provide funding for a general transportation planning consultant'
that will provide assistance to the Monroe County Planning Department staff for the purpose of
maintaining the short and long range transportation planning programs of the County, and to
provide assistance for general transportation planning and analysis activities, including data
collection, technical support, and review of development proposals.
2. ACTIVITIES
The transportation planning consultant will provide assistance to Monroe County Planning
Department staff in the following areas, preparation of traffic impact reports, including
attendance at appropriate public meetings and hearings; site plan reviews for internal traffic
flows and access; provision of review comments on relevant transportation elements of reports
and plans prepared by County staff in support of the comprehensive plan. This task may also
include data collection, level of service analysis, and systems planning activities, including
running the FSUTMS model, and other technical support.
The Monroe County staff will administer a consultant contract, issue work orders, prepare
invoices for submission to the Department, and participate in planning, analysis, and data
collection activities as necessary.
This project may also include special studies in support of the comprehensive planning program
administered by the County Planning Department within the Keys. Any findings or
recommendations may be incorporated into the comprehensive plan, the land development
regulations, or the development review process of the County. The project may also include re-
evaluation of the level of service methodology for C.S. 1.
3. COST
595,000.00
TASK 2: US 1 ARTERIAL TRAVEL TIME At~D DELAY STUDIES
I. PURPOSE
The travel time studies will be used to monitor the level of service on U.S. 1 for concurrency
management purposes pursuant to the Monroe County Comprehensive Plan. The studies will be
conducted in accordance with the US 1 LOS Task Force methodology, which was approved by
the County, the Florida Department of Transportation, and the Florida Department of
Community Affairs. The study may be conducted jointly by the Monroe County staff, and the
general transportation planning consultant.
2. ACTIVITIES
A. Using the floating car method, the County will record travel time, speed and delay
data for: a) each of the 24 segments of U.S. 1, from Florida City to Stock Island; and b) the
length of U.S. 1 from the Dade County line to the Cow Key Channel.
B. The data will be recorded by date, day of week, time of day, and direction.
C. The study will be conducted over 14 days within the six-week period from
Fehruary 15 to March 31. The study will consist of 14 round-trip runs, sampling each day of the
week twice.
D. The study schedule will be coordinated with seven day, 24-hour traffic counts to
be conducted in Islamorada (MM 84), Marathon (MM 50), and Big Pine Key (MM 30).
E. The study will employ the staggered schedule of departure times previously
approved by the Task Force so as to record peak hour conditions in as many different locations
as possible.
F. The study results will be summarized in report format including a series of tables
and graphs. A statistical analysis of the mean, median, standard deviation, and range of speeds
recorded for each segment and for the overall distance will be provided. Excess roadway
capacity and deficiencies in capacity will be reported.
3. COST
*The cost of this task will be included under Task 1.
$0.00*
TASK3: FLORIDA KEYS SCENIC HIGHWAY COORDINATOR
1. PURPOSE
This task will provide funding to the Monroe County Planning Department to hire a Florida Keys
Scenic Highway Coordinator to administer the Florida Keys Scenic Highway of the County.
2. ACTIVITIES
The Florida Keys Scenic Highway Coordinator will be responsible for the following tasks:
A. Provide leadership related to the Florida Keys Scenic Highway - 50%
<1. '-
. Provide staff support to the Florida Department of Transporation and
Monroe County Office ofPlmming in administering the State and ~ational
Scenic Highways Program for the Florida Keys Scenic Highway. This
may include applying for grants, attending meetings, teleconferences,
workshops, or as directed by the FOOT Project Manager.
. Assist Florida Keys Scenic Highway Corridor Management Entity (CME)
in scheduling, organizing, facilitating and documenting CME meetings.
. Develop a work program for the Florida Keys Scenic Highway Master
Plan in conjunction with CME meetings.
· Manage/oversee consultant work related to the Florida Keys Scenic
Highway initiatives.
. Assess corridor funding needs.
· Identify grant sources for planning and project development, and prepare
and submit grant applications.
· Assist CME with preparation of CMP Annual Report and Five Year CMP
Update.
· Develop partnerships and coordinate with local government staff and
appropriate staff from the public and private sectors (e.g., members of the
CME) to implement the Florida Keys Scenic Highway Corridor
Management Plan and to ensure adequate representation and input from
stakeholders.
B. Coordinate programmatic and procedural aspects of the Florida Keys Scenic
Highway with Monroe County transportation planner and the Florida Department of
Transportation - 25%
. Review development and project proposals on the state and local roadway
system.
. Coordinate project development activities with FDOT, FDEP, Monroe
County Public Works, Monroe County Municipalities, and other agencies.
C. Design and implement an ongoing public participation program for the Florida
Keys Scenic Highway - 25%
· Prepare and disseminate presentations and materials. Implement public
information outreach and education programs. Develop surveys and
utilize feedback from the public in the design and implementation of
FKSH action plans and strategies.
. Document community benefits resulting from designation.
. Marketing development and support for the Florida Keys Scenic Highway
program. This includes the production of a website and other applicable
marketing materials to promote and support the program. All
expenditures related to this task will require prior authorization by the
FDOT Project Manager.
~" \c--
3. COST
$134,900
Salary, Taxes, WC and Benefits
Travel
.Marketing
$60,500 annually x 2 years
$ 4,500
S 9,400
TASK 4: PROJECT ADMINISTRATION
1. PURPOSE
The purpose of this task is to ensure administration of the project by Monroe County Planning
Department staff.
2. ACTNITIES
The task activities will include selecting and coordinating with a transportation planning
consultant, issuing work orders, reviewing and approving consultant products, paying invoices,
preparing quarterly progress reports, invoicing the Department, and generally administering the
transportation planning program of the County.
3. COST
**The cost of this task will be included under Tasks 1 and 3.
$0.00**
TASK 5: LIVABLE COMMUNlKEYS PROGRAM (CORRIDOR ENHANCEMENT
PLANS)
1. PURPOSE
The purpose of this task will be to utilize professional consultant services to develop
transportation plans for Stock Island, Key Largo, Duck Key to Long Key, and a Corridor
Landscape Master Plan.
2. ACTNITIES
A. Develop a feasibility and implementation study for the Stock Island Corridor
Enhancement Plan. The firm(s) selected shall provide planning and design services to analyze
the recommendations ITom the Corridor Enhancement Plan for feasibility and implementation.
The plan will identify necessary environmental studies and permits, potential environmental and
community impacts, provide cost estimates, prepare a schedule of phased implementation with
recommended actions for each phase, and identify funding sources.
B. Develop a traffic maximization study for the Key Largo entrance. The firm(s)
selected shall perform and examine traffic studies, as well as corridor management plans and
future land use plans, in order to identify and design alternatives for maximizing the safety and
flow of traffic where U.S. 1 merges with CR 905 at mile marker 106. Public comment and input
will be sought through one or more public meetings.
t~
C. Develop a corridor enhancement plan for U.S. I from Duck Key to Long Key.
The firm(s) selected shall provide planning, design services, and conduct a community charrette
to analyze methods and alternatives to public and private property improvements to enhance the
visual quality of the streetscape and identify bicycle, pedestrian and public transit improvements
to help reduce traffic congestion on US 1. Issues to be addressed shall include visual
enhancement, streetscapes, bicycle and pedestrian safety, appropriate parking, landscaping,
lighting, signage and gcneral aesthetics, the identification and enhanccment of the planning
area's "sense of place", identification of opportunities for public/private partnerships and other
funding mechanisms for implementation. The proposed recommendations are to be developed
and considered in the context of the Florida Keys Scenic Highway Corridor Management Plan,
the Florida Keys Scenic Highway Interpretive Master Plan, the Overseas Heritage Trail and the
Monroe County Livable CommuniKeys Plan. The exercise shall result in graphic alternatives,
recommendations of the development of specific land development regulations necessary to
facilitate and maintain improvements and community character, recommendations to improve
bicycle and pedestrian access throughout the planning area and an implementation plan that
includes planning estimates sufficient for preparing funding requests.
D. Develop a Corridor Landscape Master Plan for the U.S. 1 corridor in the
unincorporated areas of Monroe County. The firm(s) selected shall provide planning, design
services, and conduct community charrettes to identifY landscaping techniques and types of
plants to enhance the aesthetics of the corridor, as well as improve the function and safety of the
corridor. The designs will take the following items into consideration:
Safety
Drainage
ROW maintenance
Landscape criteria/concepts
Buffers/screening
View corridors
Visual impact of utilities
Sustainability
The proposed recommendations are to be developed and considered in the context of the Florida
Keys Scenic Highway Corridor Management Plan, the Florida Keys Scenic Highway Interpretive
Master Plan, the Overseas Heritage Trail Master Plan, the Monroe County Livable
CommuniKeys Plans, as well as blending with the Marathon Beautification Plan as much as
practicable. The proposed recommendations also will be developed in the context of the
environmental sensitivity of the Florida Keys, the occurrence of frequent tropical storms and
hurricane threats, and will consider the use of native plant species.
3. COST
$187,242.85
~. '"
FM # 252228-1-14-07
CO~TRACT#
EXHIBIT "B"
PROJECT BUDGET
This exhibit forms an integral part of that certain Joint Participation Agreement between the
State of Florida, Department of Transportation, and the Monroe County Planning Department,
2798 Overseas Highway, Suite 410, Marathon, Florida, 33050, dated
I.
PROJECT COST:
$365,000.00
II. PARTICIPATION:
Maximum Federal Participation
Public Agency Participation
In- Kind
Cash
Other
(87.5%)
(12.5%)
(0%)
(0%)
(0%)
$365,000.00
$ 52,142.85
Maximum Department Participation
Primary (D)
(0%)
(0%)
$
0.00
TOTAL PROJECT COST
$417,142.85
SPECIAL CONSIDERATION BY PUBLIC AGENCY:
The audit report(s) required in paragraph 7.6 of the Agreement shall include a schedule of project
assistance that will reflect the Department's contract number, FM number and the Federal
Identification number where applicable and the amount of state funding (receipt and
disbursement of funds) and any federal or local funding action from any other source with
respect to the project.
SPECIAL CONSIDERATIONS BY DEPARTMENT: None.
FM # 252228-1-14-07
CONTRACT #
EXHIBIT "C"
(GENERAL)
This exhibit forms an integral part of that certain Joint Participation Agreement between the
State of Florida, Department of Transportation and the Monroe County Planning Department,
2798 Overseas Highway, Suite 410, Marathon, Florida, 33050, referenced by the above Financial
Project Number.
INVOICING AND PROGRESS REPORTS
In order to obtain any payments, the Agency shall:
1. Submit quarterly progress reports which are acceptable to the Department describing the
work and which adequately justify and support the payment requested; and
2. Submit to the Department its quarterly invoice on forms prescribed by the Department,
and such other data pertaining to the Project Account and the Project as the Department
or the Federal Highway Administration may require to justify and support the payment
req uested; and
3. Comply with all applicable provisions oftrus Agreement
Pursuant to Section 22.00, the Department shall have ten (10) working days to inspect and
approve the quarterly progress report prior to processing the submitted invoice.
Exhibit D
725-03C-Q6
PU6UC TRANSPORTATIOt-.
03.'G7
Exhibit 0
FEDERAL and/or STATE resources awarded to the recipient pursuant to this agreement should be listed below. If the
resources awarded to the recipient represent more than one Federal or State program, provide the same information for
each program and the total resources awarded. Compliance Requirements applicable to each Federal or State program
should also be listed below. If the resources awarded to the recipient represent more than one program, list applicable
compliance requirements for each program in the same manner as shown here:
· (e.g., What services or purposes the resources must be used for)
· (e.g.. Eligibility requirements for recipients of the resources)
. (Etc...)
NOTE: Instead of listing the specific compliance requirements as shown above, the 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. The State awarding agency, if practical, may want to attach a copy of the specific law, rule, or regulation
referred to.
FEDERAL RESOURCES
Federal Agency
Catalog of Federal Domestic Assistance (Number & Title)
Amount
Compliance Requirements
1.
2.
3.
STATE RESOURCES
State Aaency
Cataloa of State Financial Assistance (Number & Title)
Amount
Comoliance Requirements
1.
2.
3.
Matching Resources for Federal Programs
Federal Aaency
FHWA
Cataloa of Federal Domestic Assistance (Number & Title)
Amount
20.205, Highway Planning and Construction
$365,000.00
Compliance Reouirements
1. Federal participation: 87.5%; Agency required match: 12.5%
2. In accordance with the requirements detailed in Exhibit A. "Scope of Services."
3.
NOTE: Section .400(d) of OMS 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 this exhibit be provided to the recipient.
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: June 20. 2007
Division:
Growth Management
Bulk Item: Yes -X-
No
Department: Planning and Env. Resources
Staff Contact Person: Aref J oulani/George Garrett
AGENDA ITEM WORDING:
Approval of a Resolution certifying the administrative update to the land use district map (LOOM) for
the Middle and Upper Florida Keys pursuant to Monroe County Code Section 9.5-24 (a) (2) c., using
the new digital and hard copy format.
ITEM BACKGROUND: The official Monroe County land use district map (LOOM - a.k.a. zoning
map) is currently in paper format. With the advances in computer and mapping technology, the
Growth Management Division has converted the paper maps to a digital format.
The "new" digital format includes all approved zoning changes. This format will allow the division to
make the maps available on the County website. It is important to note that the new format does not
change the zoning of any land, the "new" map is a digital representation of the approved paper maps
and all approved zoning changes.
The director of planning, under Section 9.5-24 (a) (2) c., has the authority, "To maintain the official
land use district map and to make an annual presentation of the map to the board of county
commissioners for certification." The maps for certification will cover only the unincorporated area of
the middle keys from Grassy Key (Mile Marker 60) to Craig Key (approximately Mile Marker 72) and
from Tavernier (Mile Marker 91) to Ocean Reef Club. This will complete the annual update of the
Land Use District Maps for 2007. In future years the BOCC will be asked to certify updates to the
maps each January.
PREVIOUS RELEVANT BOCC ACTION: None.
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS: Approval
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 N/A
OMB/Purchasing N/ A
Risk Management _ N/ A_
DOCUMENTATION:
DISPOSITION:
Included
Not Required X
AGENDA ITEM #
Be 070651 AIS LUDM
5/29/20071:43:57 PM
Growth Management
RESOLUTION NO. 2007
A RESOLUTION OF THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS CERTIFYING THE 2007
ADMINISTRATIVE UPDATE TO THE MONROE COUNTY
LAND USE DISTRICT MAPS (LUDM) FOR THE
UNINCORPORATED AREA OF THE MIDDLE AND UPPER
FLORIDA KEYS AS AUTHORIZED BY SECTION 9.5-24 (a) (2)
c., MONROE COUNTY CODE OF ORDINANCES AND
MAKING THE LUDM UPDATE AVAILABLE IN PAPER AND
DIGITAL FORM.
WHEREAS, Monroe County Land Use District Maps (LUDM), known as
the "Craig Maps," were certified by the Board of County Commissioners (BOCC)
at a regular meeting on January 19, 1988; and
WHEREAS, many requests for changes to the LUDMs have been made,
reviewed, and approved by Monroe County since that date; and
WHEREAS, changes to mapping technology have made maintenance of the
LUDMs much simpler, easier, and more reproducible, in the form of a digital
Geographic Information System (GIS) version of the Maps; and
WHEREAS, the "Craig Maps" have been faithfully and accurately
reproduced in GIS to represent all current zoning and to include all approved
LUDM changes since previous certification by the BOCC on January 19, 1988;
and
WHEREAS, this 2007 administrative update to the LUDMs, authorized
under Section 9.5-24 (a) (2) c., Monroe County reflects only existing zoning
approved previously through public hearings by the Planning Commission and the
Board of County Commissioners; and
WHEREAS, no LUDM (zoning) changes are proposed In this 2007
administrative update to the LUDMs;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF
COUNTY COMMISSIONERS, MONROE COUNTY, FLORIDA:
Be 070650 - Resolution LUDM
5/29/2007 1:40:27 PM
Growth Management
Section 1. The June 2007 administrative update to the Monroe County Land Use
District Map for the unincorporated area of the Middle and Upper Florida Keys is
hereby certified, both in its paper and digital forms, as provided under Section 9.5-
24 (a) (2) C., Monroe County Code.
Section 2. The update to the Land Use District Maps shall be made available to
the public in both paper and electronic form at the discretion of the public.
PASSED AND ADOPTED by the Board of County Commissioners,
Monroe County, Florida at a regular meeting of the Board held on the 20th day
of June, A.D., 2007.
Mayor Mario Di Gennaro
Mayor Pro Tern Dixie Spehar
Commissioner George Neugent
Commissioner Charles "Sonny" McCoy
Commissioner Sylvia Murphy
BOARD OF COUNTY COMMISSIONERS
MONROE COUNTY, FLORIDA
BY:
MAYOR/CHAIR PERSON
(SEAL)
ATTEST:
DANNY L. KOLHAGE, CLERK
BY:
DEPUTY CLERK
MONROE COUNTY ATTORNEY
~L~1g~
Oal,: f".a. '" '0.,
Be 070650 - Resolution LUDM
5/29/2007 I :40:27 PM
. "
BOARD OF COUNTY COMMISSIONERS
AGENDAITEMSU~ARY
Meeting Date: 6/20/07
Division: Growth Management
Bulk Item: Yes ~ No
Department: Marine Resources
Staff Contact Person: George Garrett, Ext. 2507
AGENDA ITEM WORDING:
Approval of an Inter-local Agreement (ILA) between Monroe County and the City of Marathon to
provide funding assistance using Boating Improvement Funds to construct one additional floating
dinghy dock at the City Marina
ITEM BACKGROUND:
Boating Improvement Funds are periodically made available to the municipalities within the County in
order to complete boating related projects. The City has requested funding assistance for the
construction of an additional floating dinghy dock. The ILA is for a not to exceed amount of $10,000.
It is anticipated that the actual cost will be less than $9,000.
PREVIOUS RELEVANT BOCC ACTION:
None
CONTRACT/AGREEMENT CHANGES:
New Contract (ILA)
STAFF RECOMMENDATIONS:
Approval
TOTAL COST:
$10,000
BUDGETED: Yes ~ No
COST TO COUNTY:
$10,000
SOURCE OF FUNDS: Fund 157, BIF
REVENUE PRODUCING: Yes No X AMOUNTPERMONTH_ Year
~\\ - .
APPROVED BY: County Atty ~ OMB/Purchasing X I
Risk Management Xv'.
DOCUMENTATION:
Included X
Not Required_
DISPOSITION:
AGENDA ITEM #
f"
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: City of Marathon Contract #_
Effective Date: 6/20/07
Expiration Date: 121131/07
Contract PurposelDescription:
Interlocal Agreement between Monroe County and City of Marathon to provide support through
use of the Boating Improvement Fund for construction of additional floating dinghy docks at the
Citv Marina
Contract Manager: George Garrett 2507 Marine Resources 111
(Name) (Ext.) (Department/Stop #)
for BOCC meeting on 6/20/07 Agenda Deadline: 6/05/07
CONTRACT COSTS
Total Dollar Value of Contract: $ 10,000
Budgeted? Yes[2J No D Account Codes:
Grant: $ 0
County Match: $ 10,000
Current Year Portion: $ 10,000
- - - -
-----
151- &;~5~ --5J.O M:ll.
.~
- - - -
-----
- - - -
-----
Estimated Ongoing Costs: $NAlyr
(Not included in dollar value above)
ADDITIONAL COSTS
For: NA
(eg. maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
Changes Date Out
Date In Needed
Division Director _ YesD NoD
Risk Mana~":,~ 5-ls -01 YesO Nod
O.~.lPsth~ing ~o.,.,.YeSDNOD K~ \
County Attorney ~h3~' YesD No~ ~c ~ [, fhJJ . ,1
LC (~
Comments:
OMB Form Revised 2/27/01 MCP #2
INTERLOCAL AGREEMENT
THIS INTERLOCAL AGREEMENT is entered into as of this _ day of June, 2007
between Monroe County, a political subdivision of the State of Florida (hereinafter, the
COUNTY) and the City of Marathon, a municipal corporation organized and existing under the
laws ofthe State of Florida (hereinafter, the CITY).
WITNESSETH:
WHEREAS, the CITY intends to construct an additional 40 linear foot of dinghy
dockage with one additional piling to be located at the Boot Key Harbor City Marina in the City
of Marathon (the "Marina"); and
WHEREAS, the CITY has proposed, and the COUNTY has agreed, to reimburse the
CITY for the cost of installation of one piling and 40 linear feet ofEZ Dock floating docks, in an
amount not to exceed a cost often thousand dollars ($10,000.00).
NOW THEREFORE, in consideration of the mutual promises and covenants herein
contained, it is agreed between the COUNTY and the CITY as follows:
Section 1. Construction. (a) The CITY agrees that it shall have primary responsibility
for the construction of 40 linear feet of floating docks that includes one marine piling at the
Marina (the "Project"). The CITY's responsibilities shall include selection of the site, selection
of all contractors and subcontractors for the actual design and construction of the Project, and
general oversight and management of the Project. The COUNTY hereby agrees that, while the
COUNTY may provide input on these decisions, the fmal decisions shall be made by the CITY.
Section 2. Payment. The COUNTY agrees to reimburse the CITY for construction costs
of the Project as follows:
2.1 Reimbursement upon completion ofthe Project.
2.2 To receive payment, the CITY shall submit an invoice to the Director of the
COUNTY's Marine Resources (the "Director"). The invoice must describe the
construction services performed, together with proof that payment has been made
to the CITY'S contractor(s).
If the invoice is satisfactory to the Director, helshe shall forward the invoice to the
County Clerk for payment. If the Director or County Clerk determines that an invoice
contains an error or omission, then within three (3) days of receipt of the invoice, the
Director or County Clerk (as appropriate) shall return the invoice to the CITY with a
written explanation of the error or omission. If the invoice contains no error or omission,
then the COUNTY shall pay the CITY within ten (10) days of the Director's receipt of
the invoice. If the invoice is returned for correction, then the payment must be made
within ten (10) days of the date the County official who requested the correction receives
the corrected invoice.
lnterlocal - Monroe County - Dinghy Docks v2.doc
4/30/2007 4:10:00 PM
2.3 The parties recognize that the CITY will enter into contractual operations with
third parties in order to perfon11 the services required by this Agreement and that
the COUNTY shall be the funding source for a sum of not more than $10,000.00
of the CITY's cost of the Project. Accordingly, the County Clerk shall timely
process all invoices received from the CITY as provided hereinabove.
Section 3. Term.
3.1 This Agreement shall become effective upon execution by both parties and shall
remain in effect through the final completion of the Project, unless earlier terminated
in accordance with Section 5 herein (the "Tem1").
3.2 If such Notice of Termination as specified in Section 5 is given, this Agreement
shall terminate within five (5) days thereof, and following such five day period, the
parties shall be relieved of all rights and obligations hereunder, except for any rights
and obligations that expressly survive termination.
Section 4. Subcontracts.
4.1 In performing the construction of the Project as contemplated by this Agreement,
the parties recognize that the CITY may subcontract with a third party(ies) to
provide the actual design and construction services.
4.2 Any third party contracts entered into between the CITY and any third party
vendor shall not create any privity between the COUNTY and the third party, nor
shall any third party vendor be considered a third party beneficiary of the rights of
the CITY under this Agreement.
4.3 The CITY shall be responsible for any violations of applicable state, federal,
County or City laws, rules or regulations made by the CITY's vendor(s) in
performing any services contemplated in this Agreement.
4.4 Any contracts with any subcontractors entered into by the CITY shall include
provisions for indemnification, insurance and customer service standards
matching those provisions in this Agreement.
Section 5. Termination and Default.
5.1 In the event of any failure of compliance by either party hereto with any of its
material obligations to the other party as provided for herein such action shall
constitute a default under this Agreement.
5.2 Upon any such default, the non-defaulting party shall provide to the defaulting
party a written Notice of such default, which Notice (a "Default Notice") shall
state in reasonable detail the actions the defaulting party must take to cure the
same.
Interlocal- Monroe County Dinghy Docks v2.doc
4/30/20074:10:00 PM
2
5.3 The defaulting party shall cure any such default, within 30 days following the date
of the Default Notice.
5.4 Notwithstanding the provisions of this Section, if any such default by the
defaulting party remains uncured at the conclusion of any specified 30 day cure
period, and if the nature of the defaulting party's obligations are such that more
than 30 days is required to effect cure, then the defaulting party shall not be in
default hereunder and the non-defaulting party shall not have the right to exercise
its termination rights granted herein as a result of any such default, if the
defaulting party commences cure within the applicable cure period and thereafter
diligently pursues cure to completion of performance.
5.5 In the event the defaulting party fails to effect any required cure as provided for
herein, the defaulting party shall be deemed to be in uncured default hereunder,
and the non-defaulting party shall have the right, but shall not be obligated, upon
written Notice to the defaulting party, to terminate this Agreement.
5.6 If such Notice is given, this Agreement shall terminate on the date set forth in the
Notice and the parties shall be relieved of all rights and obligations hereunder,
except for any rights and obligations that expressly survive termination.
Section 6. Indemnification.
6.1 To the extent permitted by law and subject to the provlSlons and monetary
limitations of Section 768.28, Florida Statutes, the COUNTY does hereby agree
to defend, indemnify and hold the CITY harmless from and against any and all
liability, damages, costs or expenses (including reasonable attorneys' fees, costs,
and expenses at both the trial and appellate levels) arising from the acts or omissions
of the COUNTY, its officials, agents or employees, in connection with this
Agreement.
6.2 To the extent permitted by law and subject to the proVISIOns and monetary
limitations of Section 768.28, Florida Statutes, the CITY does hereby agree to
defend, indemnify and hold the COUNTY, its officers, agents, or employees,
harmless from and against any and all liability, damages, costs or expenses
(including reasonable attorneys' fees, costs, and expenses at both the trial and
appellate levels) arising from the acts or omissions of the CITY or any third party
vendor contracted by the CITY in connection with this Agreement.
Section 7. Notices.
7.1 All notices, requests, demands, elections, consents, approvals and other
communications hercunder must be in writing (each such, a "Notice") and addressed
as follows (or to any other address which either party may designate by Notice):
If to County:
Mr. Thomas l Willi
Interlocal - Monroe County - Dinghy Docks v2.doc
4/30/20074: 10:00 PM
3
County Administrator
Monroe County
Historic Gato Building
1100 Simonton Street
Key West, Florida 33040
With a copy to:
Suzanne Hutton, Esq.
Monroe County Attorney's Office
P.O. Box 1026
Key West, Florida 33041-1026
If to City:
Mike Puto
City Manager
City of Marathon
11045-55 Overseas Highway
Marathon, Florida 33050
With a copy to:
John Herin, Esq.
City Attorney
Steams Weaver Miller Weissler Alhadeff & Sitterson, P.A.
150 West Flagler Street, Suite 2200
Miami, Florida 33130
Any Notice required by this Agreement to be given or made within a specified period of
time, or on or before a date certain, shall be deemed to have been duly given if sent by certified
mail, return receipt requested, postage and fees prepaid; hand delivered; facsimile; or sent by
overnight delivery service.
Section 8. Insurance.
8.1 The CITY and the COUNTY agree to insure or self-insure their respective
interests in connection with personal injury, death and personal property damage
to the extent each deems necessary or appropriate.
8.2 The CITY shall require any subcontractor performing work during the
construction of the Project to maintain throughout the duration of such
construction the following insurance:
8.2.1 Commercial general liability in the amount of $ 1,000,000 per occurrence for
bodily injury and property damage. This policy must include coverage for
contractual liability and specifically cover the indemnity set forth in this
Agreement. The CITY must be named as an additional insured on this
policy.
8.2.2 Automobile and marine liability in the amount of $1,000,000 per occurrence
for bodily injury and property damage, covering all vehicles owned, leased
lnterlocal- Monroe County - Dipghy Docks v2.doc
4/30/20074:10:00 PM
4
or used by the subcontractor as part of the construction. The CITY must be
named as an additional insured on this policy.
8.2.3 Workers compensation and employer's liability, as required by Florida
Statutes.
8.2.4 All companies providing insurance shall be authorized to do business in the
State of Florida and rated B+:VI or better by Best's Key Rating Guild, latest
edition.
8.2.5 No change or cancellation of this insurance shall be made without 30 days
prior written notice to the City.
8.3 The CITY shall require any subcontractor to name the COUNTY as an additional
insured on any policies.
Section 9. Regulatory Powers.
9.1 Nothing contained herein shall be construed as waiving either party's regulatory
approval or enforcement rights or obligations as it may relate to regulations of
general applicability, which may govern the Agreement.
9.2 Nothing herein shall be deemed to create an affirmative duty of either party to
abrogate its sovereign right to exercise its police powers and governmental
powers by approving or disapproving or taking any other action in accordance
with ordinances, rules and regulations, federal laws and regulations and state laws
and regulations.
Section 10. Attorneys Fees and Waiver of Jury Trial.
10.1 In the event of any litigation arising out of this Agreement, the prevailing party
shall be entitled to recover its attorneys' fees and costs, including the fees and
expenses of any paralegals, law clerks and legal assistants, and including fees and
expenses charged for representation at both the trial and appellate levels.
10.2 In the event of any litigation arising out of this Agreement, each party hereby
knowingly, irrevocably, voluntarily and intentionally waives its right to trial by
JUry.
Section 11. Governing Law.
11.1 This Agreement shall be construed in accordance with and governed by the laws
of the State of Florida. Exclusive venue for any litigation arising out of this
Agreement shall be in Monroe County, Florida, Middle Keys Division of the
Circuit Court or the Southern District of Florida.
Section 12. Entire Agreement/Modification! Amendment.
Interlocal ~- Monroe County - Dinghy Docks v2.doc
4/30/20074:10:00 PM
5
. '
12.1 This writing contains the entire Agreement of the parties and supercedes any prior
oral or written representations. No representations were made or relied upon by
either party, other than those that are expressly set forth herein.
12.2 No agent, employee, or other representative of either party is empowered to
modify or amend the terms of this Agreement, unless executed with the same
formality as this document.
Section 13. Access to Records and Audits.
13.1 The County Administrator or his designee shall, during the term of this
Agreement and for a period of three (3) years from the date of termination of this
Agreement, have access to and the right to examine and audit any Records of the
CITY or its subcontractors involving transactions related to this Agreement.
13.2 The COUNTY may cancel this Agreement for refusal by the CITY, or the CITY's
subcontractor, to allow access by the County Administrator or his designee to any
Records pertaining to work performed under this Agreement that are subject to
the provisions of Chapter 119, Florida Statutes.
13.3 The term Records shall refer to any documents, books, data (electronic or hard
copy), papers and financial records that result from the CITY or its subcontractors
performance of the Services provided in this Agreement.
13.4 If the inspection or audit discloses that County funds paid to the City under this
Agreement were used for a purpose not authorized by this Agreement, then the
CITY must refund the funds improperly spent with interest calculated pursuant to
Section 55.03, Florida Statutes, with interest running from the date the COUNTY
paid the improperly spent funds to the CITY. This paragraph will survive the
tem1ination of this Agreement.
Section 14. Nonassignability.
14.1 This Agreement shall not be assignable by either party unless such assignment is
first approved by both parties.
14.2 The provisions of this Section shall not prohibit the CITY from utilizing the
services of subcontractors to perform the Services contemplated in this
Agreement.
Section 15. Severability.
15.1 If any tenn or provision of this Agreement shall to any extent be held invalid or
unenforceable, the remainder of this Agreement shall not be affected thereby, and
each remaining term and provision of this Agreement shall be valid and be
enforceable to the fullest extent permitted by law.
Section 16. Independent Contractor.
InterlocaI - Monroe County Dinghy Docks v2.doc
4/30/20074:10:00 PM
6
16.1 The CITY and its employees, volunteers, agents, vendors and subcontractors shall
be and remain independent contractor and not agents or employees of the
COUNTY with respect to all of the acts and services performed by and under the
terms of this Agreement. This Agreement shall not in any way be construed to
create a partnership, association or any other kind of joint undertaking, enterprise
or venture between the parties.
Section 17. Waiver.
17.1 The failure of either party to this Agreement to object to or to take affirmative
action with respect to any conduct of the other which is in violation of the terms
of this Agreement shall not be construed as a waiver of the violation or breach, or
of any future violation, breach or wrongful conduct.
Section 18. Funding.
18.1 The parties agree that the COUNTY's responsibility under this Agreement is to
provide funding only. Accordingly, all subcontractors are in privity with the
CITY only and may not seek direct payment from the COUNTY, and that the
COUNTY has no duty, liability or other obligation to such persons. The CITY
agrees to include a sentence similar to the foregoing in all contracts entered into
by the CITY for the Project.
Section 19. Applicable Laws.
19.1 In awarding contracts for the design and construction of the Project, the CITY
agrees to abide by all applicable CITY ordinances and state and federal laws.
Section 20. Survival of Provisions.
20.1 Any terms or conditions of either this Agreement that require acts beyond the date
of the term of the Agreement, shall survive termination of the Agreement, shall
remain in full force and effect unless and until the terms or conditions are
completed and shall be fully enforceable by either party.
Section 21. Counterparts.
21.1 This Agreement may be executed in several counterparts, each of which shall be
deemed an original and such counterparts shall constitute one and the same
instrument.
[THE REMAINDER OF THIS PAGE INTENTIONALLY LEFf BLANK.]
lnterlocal - Monroe County Dinghy Docks v2.doc
4/30/20074:10:00 PM
7
IN WITNESS WHEREOF, the parties hereto have set their hands and seal the day and
year first written above.
BOARD OF COUNTY COMMISSIONERS
MONROE COUNTY, FLORIDA
BY:
ATTEST:
DANNY L. KOLHAGE, CLERK
Mayor/Chairperson
MONROE COUNTY ATTORNEY
AP OV 0 AS TO. rt:1J
YNTHIA L. ALL
ASSISTANT COUNTY ATTORNEY
Date EI- 0=1
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
/
(SEAL)
BY:
Deputy Clerk
BY:
ATTORNEY'S OFFICE
THE CITY OF MARATHON, FLORIDA
~~?tlff
Chflstopher . Bull, Mayor
ATTEST:
~dcu;~~
Difllie Clavier
City Clerk
(City Seal)
APPROVED AS TO FORM AND LEGALALlTY FOR THE USE
AND RELlA F THE CI OF MARATHON, FLORIDA ONLY:
[nter[ocal . Monroe County. Pinghy PtX'ks v2.doc
4/ [6/20078:05:00 AM
8
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: 05/17/2007
Division:
Growth Management
Bulk Item: Yes ~
No
Department: Building
AGENDA ITEM WORDING: Approval of Rescission of contract amendment (approved but not
executed at BOCC meeting of 1/17/07) and approval of renewal of contract for one year with
Advanced Data Solutions to provide document scanning services for the County Building Department
for an additional $50,000 for FY 2006-07.
ITEM BACKGROUND: The County entered into an agreement with Advanced Data Solutions, Inc.
for document scanning services for the Building Department. The job includes scanning, indexing and
imaging of files and blueprints using Alchemy software
PREVIOUS REVELANT BOCC ACTION: On April 19,2006 the BOCC approved an agreement
for scanning, indexing and imaging of the Building Department permits and blueprints using Alchemy
software with the option of renewing the agreement for three (3) additional one (1) year periods. On
January 17, 2007 the BOCC approved an amendment to renew the agreement for an additional year, but
Finance has requested clarification of total contract amount. (Intent was to add an additional $50,000
not to merely increase the contract from $28,158.19 to $50,000.)
CONTRACT/AGREEMENT CHANGES: Extends the term and dollar value ofthe contract.
STAFF RECOMMENDATIONS: Approval
TOTAL COST: add 50.000 = 78.158.19.
BUDGETED: Yes X- No
COST TO COUNTY:
50.000.
REVENUE PRODUCING: Yes
No~ AMOUNTPERMONTH NIA
Year
APPROVED BY: County Atty _ OMBlPurchasing _ Risk Management ~
DOCUMENTATION:
Included X
To Follow
Not Required_
DISPosmON:
AGENDA ITEM #
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with:
Advanced Data Solutions
Renewal
Contract # 1 0 1
Effective Date:
Expiration Date:
555-2493A
October 1, 2006
September 30,2007
Contract PurposelDescription:
Extends the term and dollar value of the original contract to provide document scanning
services for Coun Buildin D artment.
The Contract dollar value is increased from $28,158.19 in contract date April 19,2006 by an
additional $50,000 and renewed to Se ember 30,2007.
clarifies Ian a e of dollar amount of item a roved but not executed at BOCC mt of 1/17/07
Contract Manager: Joe Pasaklik
(Name)
for BOCC meetin on 5/16/07
2574 11
(Ext.) (Department/Stop #)
A enda Deadline: 5/1/07
CONTRACT COSTS
Total Dollar Value of Contract: $ add 50,000 Current Year Portion: $ $50,000
=78,158.19
Budgeted? Yes[8J No D
Grant: $
County Match: $
Account Codes: 148-51000-530340-_-_
- - - -
-----
- - - -
-------'-
ADDITIONAL COSTS
Estimated Ongoing Costs: $NINyr For: N/A
(Not included in dollar value above) (ep,. maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
Division Director
Changes
Needed ~ewer
_ YesDNoD
~I-07 YesDNoeJ . ".
~l~SON~~
r-/;:;t/n YesO NoB d+-.-t < tJ
Date Out
Date In
5" h:;/c,)
5-f-O 1]
51;i{J D 7-
Risk Manalemll
Jfr.B.IPu~C~ing
County Attorney
S-/) I /07
Comments:
OMB Form Revised 2/27/01 MCP #2
# lOl-555-2493A
~TRENEWALOFCONTRACTFORSERWCESBETWEEN
MONROE COUNTY AND ADVANCED DATA SOLUTIONS. INC.
THIS CONTRACT RENEWAL is entered into this day of .2007 by MONROE
COUNTY, a political subdivision of the state of Florida, whose address is 1100 Simonton Street, Key West,
Florida 33040 ( BOCC or COUNTY), and Advanced Data Solutions, Inc., a Florida corporation, 141 Scarlet
Boulevard, Suite A, Oldsmar, Florida 34677 (CONTRACTOR).
WHEREAS, Section 4 of the contract entered into between the parties on April 19, 2006 provides for three (3)
renewals of one (l) year each; and
WHEREAS, the parties desire to enter into this renewal; and
WHEREAS, the parties recognize that the amount of work necessary under the contract has increased and that
payment should be increased;
NOW, THEREFORE, the parties agree as follows:
I. The contract is extended and renewed for a period of one year, retroactive to October 1, 2006, expiring on
September 30,2007.
2. Compensation to ADS under this Contract Renewal shall be for an amount up to an additional Fifty
Thousand Dollars and 00/100 cents ($50,000.00).
3. This Contract Renewal is intended only to extend the term and dollar value of the contract, and in all
other respects, the contract for scanning, indexing and imaging of the Building Department permits and
blueprints, between Monroe County and ADS dated April 19th, 2006 remains in full force and effect.
IN WITNESS WHEREOF, each party hereto has caused the Agreement to be executed by its duly authorized
representative.
(SEAL)
Attest: DANNY L. KOLHAGE, CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
By
Deputy Clerk
Mayor Mario Di Gennaro
Date:
Date:
Rob Buell, Vice-President Advanced Data Solutions, Inc.
Witness to Rob Buell
By
By
Signature
Signature
Date:
Print Witness Name
Date:
. 30529235113
MONROE COUNTY An
1033 26a m 04~12-2006
AGREEMENT BETWEEN MONROE COUNTY
AND ADVANCED DATA SOLUTION~ INC.
FOR SCANNING, INDEXING
AND IMAGING OF BUILDING DEPARTMENr FILES
(Contract Number #lOI-555-2493A)
TIllS AGREEMENT made and entered into ibis /1JAday of APRIL, 2006, by and
between MONROE COUNTY, a political subdivision of the State of Florida ("COUNTY),
whose address is 1100 Simonton Street, Key West, Florida 33040 and Advanced Data Solutions,
Ine. a Florida Corporation, whose address is 14 t Scarlet Boulevard, Suite A, Oldsmar, Florida
34677 ("ADS").
WHEREAS, ADS and COUNTY entered into a previous agreement identified as
"Professional Services Agreement between Monroe County and Advanced Data Solutions, Inc.,
contract nmnber 101-555-2493" ("Contract Number 101-555-2493~). which was entered into on
the151h day of June, 2005; and
WHEREAS, said Contract Number 101-555-2493 has proven to be problematic due to
numerous difficulties and ambiguities in interpretation of the terms, clauses and Exhibits; and
WHEREAS, ADS and COUNTY mutually agree to terminate Contract Number 101-555-
2493; and
WHEREAS, ADS and COUNTY agree to enter into this Agreement for SCAnning and
indexing and imaging of the Building Department pennits and Blueprints using Alchemy
software; and
NOW THEREFORE, in consideration of the mutual covenants and provisions contained
herein, the COUNTY and ADS agree as follows: That COUNTY and ADS hereto, for the
consideration hereinafter set forth, mutually agree as follow:
1. TIlE AGREEMENT
The Agreement consists of this document and its exhibit only. Any other Agreements between
ADS and COUNTY are separate independent agreements and sball be read, interpreted and
enforced as separated independent agreements.
2. SCOPE OF THE WORK
ADS shall provide docmnent 'lr.lITming services for Building Department of the County; this job
includes scanning, indexing, irnllging of files and blueprints. This contract does not provide for
the purchase of software.
ADS warrants that it is authorized by law to engage in the performance of the activities and is
herein described, !nJbject to the terms and conditions set forth in this Agreement. ADS shall at
all times exercise independent, pr'Ofessional judgment and shall assume professional
responsibility for the services to be provided. ADS shall provide services using the following
standards, as a minimum requiJement
Contract #101-555-2493A
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A. ADS shall maintain adequate staffing levels to provide the services required under
the Agreement.
B. The ADS personnel shall not be employees of or have any contractual relationship
with the County.
C. All persoonel engaged in perfonning services under 1his Agreement shall be fully
qualified, ~ if requiredt to be authorized or permitted under State and local law to perfonn
such services.
3. PAYMENTS TO ADS
A. COUNITS perfonnance and obligation to pay under this agreement, is contingent
upon annual appropriation by the Board of County Commissioners.
B. ADS shall submit to the C01.m.ty an invoice with supporting documentation
acceptable to the Clerk based on generally accepted accounting principles and such laws, roles
and regulations as may govern the Clerk's d.isbmsaJ. offunds. The COUNTY shall pay ADS in
accordance with the Florida Prompt Payment Act.
C. The pricing for this service is attached hereto as Exhibit A. Total compensation to
ADS under this agreement sbaII not exceed Twenty-Eight Thousand One Hundred and Fifty-
Eight Dollars and 191cents ($28t 158.19). COUNTY and ADS recognize that there are
outstanding invoices which sbould be paid under the previous contract, and agree that these shall
be submitted to the County Attorney with back-up documerltation for review and shall. where
appropriatet be paid under this Agreement: however, the total contract amount shall remain
Twenty-Eight Thousand One Hundred and Fifty-Eight Dollars and 19/cents ($28,158.19),
including any payment on the outstanding invoices.
D. No expenses such as travel, per diem, meals, mileage, hotel, or airfare shall be paid
under this contract. The only permissible payments are set out as EXIDBIT A
4. TERM OF AGREEMENT
The term of this Agreement commences on the date of execution of the Agreement and ends on
the 301b day of Septembert 2~ unless tenninated earlier under paragraph 18 of this Agreement
or the total compensation h:E been paid whichever comes first. The County shall have the option
of renewing this agreement for three (3) additional one (l) year periods, which shall be exercised
by giving written notice of said renewal to ADS at Ieast thirty (30) days prior to the termination
date.
5. ADS~S ACCEPTANCE OF CONDITIONS
ADS sball 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 ADS
ADS shall maintain all books, records, and documents directly pertinent to performance under
this Agreement in accordance with generally accepted accounting principles consistently applied.
Both COUNTY and ADS or their authorized repl~es sball have reasonable and timely
access to such records of the other for public records purposes during the term of the Agreement
and for four years following the termination of this Agreement H an auditor employed by the
County or Clerk determines that monies paid to ADS pursuant to this Agreement were spent for
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MONROE COUNTY ATT
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purposes not authorized by this Agreement, ADS shall repay the monies together with interest
calculated pursuant to Sec. 55.03, FS. nnming from the date the monies were paid to ADS.
7. PUBLIC ACCESS
COUNTY and ADS shall allow and permit reasonable access to, and inspection of, all
documents, papers, letters or other materials in its possession or under its control subject to the
provisions of Chaptel' 119, Florida Statutes, and made or received by County and ADS in
conjunction with this Agreement; and County shall have the right to unilaterally cancel this
Agreement upon violation of this provision by ADS.
8. HOLD HARMLESS AND INSURANCE
The ADS covenants and agrees to indemnify and bold hannless Monroe County Board of
County CommissiOllelS from any and all claims for bodily injury (including death), personal
injm:y, and property damage (including property owned by Monroe County) and any other
losses, damages, and expenses (mcluding attorney's fees) which arise out ot: in connection with,
or by reason of services provided by ADS occasioned by the negligence, errors, or other
wrongful act of omission of ADS, its employees, or agents.
The extent of liability is in no way limited. to, reduced, or lessened by the insmance requirements
contained elsewhere within this agreement
Prior to execution of this agreement, ADS shall furnish the COUNTY Certificates of Insurance
indicating the minimum coverage limitations in 1he following amounts:
WORKERS COMPENSATION AND EMPWYER'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 ofoot less than $1,000,000.00 per occurrence, combined single limit for Bodily
Injury Liability and PlOperty 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 $1,000,000.00 per occurrence combined single limit for
Bodily Injury liability and Property Damage Liability.
PROFESSIONAL LIABILITY. ADS sha1I furnish prof'essionalliability errors and
omissions insurance coverage in an amount not less than $1,000,000.00, which covers its
employees in executive and or managerial positions with the company.
CERTIFICATES OF INSURANCE. Original Certificates ofInsunmce shall be provided
to the COUNTY at the time of execution of 1bis Agreement and certified copies provided
if requested. Each policy certificate shall be endorsed with a provision that not less than
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MONROE COUNTY An
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thirty (30) calendar days' written notice sball be provided to the County before any policy
or coverage is canceled or restricted. The underwriter of such instmmce sbaU be qualified
to do business in the State of Florida. If requested by the County Administrator~ the
insurance coverage sbaU 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 S~ the participation of County and
ADS in this Agreement and the acquisition of any commercial liability insurance coverage, self-
insurance coverage, or Joca1 government liability instmmce 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 wder this agreement ADS is an independent cootractor and not
an employee of the Board of County Commissiooers of Monroe County. No statement contained
in this agreement sholl be construed so as to find ADS or any of his employees. subcontractors,
servants, or agents to be employees of the Board of Cmmty Commissioners of Monroe County.
11. NONDISCRIMINATION
County and ADS agree that there will be no discrimination against any person, and it is
expressly understood that upon a determination by a court of competent jurisdiction that
discrimination bas occmTed; this Agreement automatically termj~ without any furd1er
action on the part of any party, effective the date of1be court order.
County and ADS agree to comply with all Federal and Florida statutes, and all local
ordinances, as applicable, relating to nondiscrimination. These include but are not
limited to~ 1) Title VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits
discrimination on 1he basis of race, color or national origin; 2) Title IX of the Education
Arnerutment of 1972, as amended (20 use ss. 1681-1683, and 1685-1686), which
prohibits disctimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of
1973, as amended (20 use s. 794), which prohibits disaimination on 1he basis of
handicaps; 4} The Age DiscriminationActof1975, as amended (42 use 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 oonrli~minRtion 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.1he basis of alcohol abuse or alcoholism; 7) The Public Health
Service Act of 1912, 88. 523 and 527 (42 USC ss. 69Odd-3 and 29Oee-3), as amended,
relating to confidentiality of alcohol and drug abuse patent records; 8) TItle VIII oftbe
Civil Rights Act of] 968 (42 use s. et seq.), as amended. relating to nondiscrimination
in the sale, rental or financing ofhousing; 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 ooDd.iscrimination provisions
in any Federal or state statutes which may apply to COUNTY and ADS to, or the subject
matter of, 1bis Agreement.
Contract llOl-555-2493A
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MONROE COUNTY ATT
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12. ASSIGNMENTISUBCONTRACT
ADS 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, which
approval shall be subject to such conditions and provisions as the Boord 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, 8UCh approval shall in no planner or event be deemed to impose
any additional obligation u:potl. tbe board.
13. COMPLIANCE wrrn LAW AND LICENSE REOUIREMMENTS
In providing all serviceslgoods pursuant to this agreement, ADS shall abide by all statutes,
ordinances, rules and regulations pertaining tot or regulating the provisions ot: 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 Agreement immediately upon delivery of written notice of termination to
ADS. ADS sball possess proper licenses to perform work. in accordance with these
specifications throughout the tenn of this Agreemen1.
14. DISCLOSURE AND CONFLICT OF INTEREST
ADS represents that it, its directors, principles and employees, presently have no interest and
shall acquire no interest, either direct or indirect, which would conflict in any manner with the
perfonnance of services :required by this Agreement, 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; unauthori..zed oompcmation; misuse of public position,
conflicting employment or contractual relationship; and disclosure or use of certain information.
Upon execution of this Agreement, and thereafter as changes may require, ADS shall notify the
County of any financial interest it may have in any and all programs in Monroe County which
ADS sponsors, endorses, .recommendst supervises, or requires for counselin& assistance,
evaluation, or treatment This tyOvision shall apply whether or not such program is required by
statutet as a condition of probation, or is provided 011 a voluntary basis.
County and ADS warrant that, in respect tD itse~ 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 DOt paid or agreed to pay any person, company, corporation,
individual, or firm, other than a bolla 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, ADS agrees that the County shall
have the right to terminate this Agreement without liability and, at its discretion, to offset from
Contract flOl-555-2493A
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MONROE COUNTY ATT
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monies owed, or otherwise rocover, the full amount of such fee, commissi~ percentage, gift, or
consideration.
15. NO PLEDGE OF CREDIT
ADS shall not pledge the County's credit or make it a guarantor of payment or surety for any
contract, debt, obligation, judgment, lien, or any fonn of indebtedness. ADS further warrants
and represents that it has no obligation or indebtedness that would impair its ability to fulfill the
tenn.S of this Agreement.
16. NOTICE REOUIREMENT
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, retwned receipt requested, to the
following:
FOR COUNTY:
Monroe County Court Administrator and
1100 Simonton Street
Key West, FL 3300>
County Attorney
PO Box 1026
Key West, FL 33040
FOR ADS:
Rob Buell
Advanced Data Solutions, Inc.
141 Scarlet Boulevard, Suite A
Olsdmar, Florida 34677
and
Melody Buell
Advanced Data Solutions, Inc.
141 Scarlet Boulevard, Suite A
Olsdmar. Florida 34677
17. TAXES
The County is exempt from payment of Florida State Sales and Use taxes. ADS shall not be
exempted by virtue of the County's exemption from paying sales tax to its suppliers for materials
used to fulfill its obligations tmder this Agreement, nor is .ADS authorized to use the County's
Tax Exemption Number in securing such materials. ADS shall be responsible for any and all
taxes, or payments of withholding, related to services rendered under this agreement
18. TERMINATION
The County may terminate this Agreement with or without cause. The County may terminate this
Agreement for cause with seven (7) days notice to ADS. Cause shall coostitute a breach of the
obligations of ADS to perform dte obligations enumaatod under this Agreement. Either of
COUNTY and ADS hereto may terminate 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 FEE
This Agreement shall be governed by and construed in accordance with the laws of the State of
Florida applicable to Agreements made and 10 be performed entirely in the State. In the event
that any cause of action or administrative proceeding is instituted for the enforcement or
Contract ilOI-555-2493A
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interpretation of this Agreement, the County and ADS agree that venue will lie in the appropriate
court or before the appropriate administrative body in Momoe County, Florida.
20. MEDIATION
The County and ADS 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. 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 cireuit 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) shaIl be declared invalid or unenforceable to any extent by a court of
competent jurisdiction, the remsrining 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 sbaIl 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 accompIislunent of the original intent of this Agreement. The
County and ADS agree to refonn the Agreement to replace any stricken provision with a valid
provision that comes as close as possibJe to the intent of the stricken provision_
22. ATTORNEY'S FEES AND COSTS
COUNlY and ADS agree that in the event any aluse 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, investigativt; and out-()f~
pocket expenses whether it is the prevailing party or not, through all levels of the court system.
23. ADJUDICATION OF DISPUTES OR DISAGREEMENI]
County and ADS agree that all disputes and disagreements shall be attempted to be resolved by
meet and confer sessions between representatives of each of COUNlY and ADS. If no
resolution can be agreed upon within 30 days after the first meet and confer session, the issue or
issues sball 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 COUNfY and ADS, then any party shall
have the right to seek such relief or remedy as may be provided by tbis Agreement or by Florida
law.
24. COOPERATION
In the event any administrative or legal proceeding is instituted against COUNTY or ADS
relating to the formation, execution, perfonnance, or breach of this Agreement. County and ADS
agree to participate, to the extent required by the other party, in all proceedings, Qearings,
processes, meetings, and other activities ~1ated to 1be substance of this Agreement or provision
of the services under this Agreement. County and ADS specifically agree that Arbitration shall
not be entered into under this Agreement.
Contract IIOl-555-2493A
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25. BINDING EFFECT
The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the
benefit of County and ADS and their respective legal representatives, successors, and assigns.
26. AUTHORITY
COUNTY and ADS represents and warrants to the other that the execution, delivery and
performance of this Ag1:eement have been duly authorized by all necessary County and corporate
action, as required by law.
27. CLAIMS FOR FEDERAL OR STATE AID
COUNTY and ADS agree that each shall be, and is, empowered to apply for, seek, and obtain
federal and state funds to further the pmpose 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 reliet: disability, workers' compensation, and other benefits which apply to the
activity of offi.cers, 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
CoWlty shall apply to the same degree and extent to the perfonnance of such functions and duties
of such officers, agen~ volunteers, or employees outside the tenitoriallimits of the C01mty.
29. LEGAL OBLIGA nONS AND RESPONSffiILITIES
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 thereofby 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
statutOl1' duties of the Co1Dlty, 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, 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 County and ADS agree that.o.ei1her Cowrty nor ADS or
any agent, officer, or employee of eithec 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. ATIESTATIONS
ADS 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
Contract ILOl-555-2493A
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MONROF COUNTY ATT
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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. 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 taten together shall constitute one and the same instrument and any
of COUNTY and ADS hereto may execute this Agreement by signing 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 oftbis Agreement and will not be
used in the interpretation of any provision of this Agreement.
IN WITNESS WHEREOF, COUNTY and ADS hereto have executed this Agreement on
the day and date first written above in four (4) counterparts, each of which sball, without proof or
accounting for the other counterparts, be deemed an original Agreement.
(SEAL)
(SEA.LJ
Attest: D~ L.J<:OWAGE; CLERK
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Date: ~1t~k
BOARD OF COUNTY
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EXHIBIT A
AGREEMENT BETWEEN MONROE COUNTY AND ADVANCED DATA
SOLUTIONS, INC. FOR SCANNlNG, INDEXING, AND IMAGING
OF BUILDING DEPARTMENT FILES
DeKrIDIIon PrIce
Up to 500,000 Scanring & Indexing ~ Bldg Pefrrjt Files (8 ~ x $.09
Annually 11,8 'Ax 14& 11)( 17)
Up to 100,000 Seaming & IndexIrlJ d Building Permit Blueprints $1.25
Annually
Up to 250 CD-Rom MecIa disc $15.00
AnnuallY
12 Pick-up and dellve1y of docurnems (typicaIy $250.00
chalQ8d per trip)
- Database Mtwlagement (mergi1g thou8Erlds of Nle
IetterJIegaI size documents & blueprints within
Alchemy database)
1 Initial Set..tJp & Establishment of ~ NIC
Format &Struc::tlJe
Tenns & SerYk:es:
AI document pr~aJIon, saming, Indmdng & Ieview perfbrmed by ADS personnel. Document
turnaround time is not to exceed 30 daVa MonlhIy PIck-Ups UMdlll!llled through ADS driver.
/!..mJ1Rf\C.r jj.. 101-555'... .1C/tfaA
2112
\
PROFESSIONAL SERVICES AGREEMENT BE'IWEEN
Monroe County c, ~
AND (/)
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ADVANCED DATA SOLUTIONS, INe. ~ ~ ~ ~
Contract # 101-555-2493 g~: ~
THIS AGREEMENT is made this ~day of-:Jvn e.... 2005, betw~~~ ~
Advanced Data Solutions. Inc.. a Florida corporation. (hereinafter the "ConsultaRt"J,i8nd-::-
Monroe County, FLORIDA. a political subdivision of Florida, (hereinafter thtf= :< ~~
"County").
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WHEREAS. the Consultant and County. through mutual negotiation, have agreed
upon a scope of services. schedule and fees for fiscal year 2005 and for fiscal year 2006
WHEREAS, the County desires to engage the Consultant to perform the services
specified below.
NOW, THEREFORE, in consideration of the mutual covenants and conditions
contained herein. the Consultant and the County agree as follows.
1. SCODe of ServiceslDeliverables.
1.1 The Consultant shall furnish professional services and software to
the County as set forth in the Scope of Services for the Project as
specified in Exhibit" A" for Services and Exhibit "B" for Software
attached to this Agreement.
1.2 The "Scope of Services" includes a Project Schedule for the
Project which includes a breakdown of tasks. timeline and
deliverables to the County.
2. TennlCommencement Date.
2.1 This Agreement shall become effective upon execution by both
parties and shall remain in effect through September 30. 2006,
unless earlier terminated in accordance with Paragraph 8. The
County Administrator may extend the term of this Agreement up to
an additional three years by written notice to the Consultant
2.2 Consultant agrees that time is of the essence and Consultant shall
complete each deliverable for the Project within the timeframes set
forth in the Project Schedule, unless extended by the County
Administrator.
3. Comoensation and Pavment.
3.1 The Consultant shall be compensated per box, with the rate not
exceeding an average of $250.00 per standard letter box, $15.00
per CD, and $200.00 shipping and handling each way.
Compensation under this agreement shaD not exceed $80,000,
subject to annual appropriation by the County Commission.
3.2 The Consultant shall invoice the County upon the completion of
each task or deliverable in accordance with the Project Schedule.
3.3 The County shall pay Consultant in accordance with the Florida
Prompt Payment Act.
3.4 If a dispute should occur regarding an invoice submitted, the
County Administrator may withhold payment of the disputed
amount and may pay to the Consultant the undisputed portion of
the invoice. Upon written request of the Clerk of the Court, the
Consultant shall provide written documentation to justify the
invoice. Any compensation disputes shall be decided by the
County Administrator whose decision shall be final.
4. Sub Consultants.
4.1 The Consultant shall be responsible for all payments to any sub
consuhants and shall maintain responsibility for all work related to
the Project.
4.2 Any sub consuhants used on the Project must have the prior
written approval of the County Administrator.
5. County's Resoonsibilities.
5.1 Furnish to Consultant, at the Consultant's written request, all
available files and other data pertinent to the services to be
provided by Consultant, in possession of the County.
5.2 Arrange for access to and make all provisions for Consultant to
enter upon real property as required for Consultant to perform
services as may be requested in writing by the Consultant.
6. CODSuItaDt's Resoonsibilitia.
6.1 The Consultant shall exercise the same degree of care, skill and
diligence in the performance of the Project as is ordinarily
provided by a professional under similar circumstances. If at any
time during the term of this Agreement or within one year from the
completion of the Project, it is determined that the Consultant's
deliverables are incorrect, defective or fail to conform to the Scope
of Services of the Project, upon written notification from the
County Administrator, the Consultant shall at Consultants sole
expense, immediately correct the work.
7. ConOict of Interest.
7.1 To avoid any conflict of interest or any appearance thereot:
Consultant shall not, for the term of this Agreement, represent any
private sector entities (developers, corporations, real estate
investors, etc.), with regard to any adversarial planning issues in
the County. For the purposes of this section "adversarial" shall
mean any development application where staff is recommending
denial or denied the application; administrative appeal or court
action wherein the County is a party.
8. Termination.
8.1 The County Administrator without cause may terminate this
Agreement upon thirty (30) days written notice to the Consultant,
or immediately with cause.
8.2 Upon receipt of the County's written notice of termination,
Consultant shall stop work on the Project unless directed otherwise
by the County Administrator.
8.3 In the event of termination by the County, the Consultant shall be
paid for all work accepted by the County Administrator up to the
date of termination, provided that the Consultant has first complied
with the provisions of Paragraph 8.4.
8.4 The Consultant shall transfer aU files and data pertaining to the
Project to the County, in a hard copy and CD format within 14
days from the date of the written notice of termination or the date
of expiration of this Agreement.
9. Insurance.
The Consultant shall secure and maintain throughout the duration of this
Agreement insurance of such type and in such amounts as required by the
County Administrator. The underwriter of such insurance shall be
qualified to do business in the State of Florida and have agents upon
whom service of process may be made in the State of Florida. Ifrequested
by the County Administrator, the insurance coverage shall be primary
insurance with respect to the County, its officials, employees, agents and
volunteers. The insurance coverage shall include a minimum of:
9.1 Worker's Compensation and Employer's Liability Insurance. If
applicable, coverage to apply for all employees at minimum
statutory limits as required by Florida Law.
9.2 Comprehensive Automobile and Vehicle Liability Insurance.
Motor vehicle liability insurance, including applicable no-fault
coverage, with limits ofliability of not less that $1,000,000.00 per
occurrence, combined single limit for Bodily Injury Liability and
Property Damage Liability. Coverage shall include all owned
vehicles, all non-owned vehicles, and all hired vehicles.
9.3 Commercial General Liability. If applicable, commercial general
liability coverage with limits of liability of not less than
$1,000,000.00 per occurrence combined single limit for Bodily
Injury Liability and Property Damage Liability.
9.4 Professional Liability. The Consultant shall furnish professional
liability errors and omissions insurance coverage in an amount not
less than $1,000,000.00.
9.5 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
cancelled or restricted.
10. Nondiscrimination.
10.1 During the term of this Agreement, 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 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: I) Title
VI of the Civil Rights Act of 1964 (pL 88-352) which prohibits
discrimination on the basis of race, color or national origin; 2) Title
IX of the Education Amendment of 1972, as amended (20 USC 85.
1681-1683, and 1685-1686), which prohibits discrimination on the
basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as
amended (20 use s. 794), which prohibits discrimination on the
basis of handicaps; 4) The Age Discrimination Act of 1975, as
amended (42 USC ss. 6101- 6101) 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. 69Odd-3 and 290ee-3), as
amended, relating to confidentiality of alcohol and drug abuse
patent records; 8) Title vm of the Civil Rights Act of 1968 (42
USC s. et seq.), as amended, relating to nondiscrimination in the
sale, rental or financing of housing; 9) The Americans with
Disabilities Act of 1990 (42 USC s. 1201 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.
11. Attornevs Fees and Waiver of Jon Trial.
11.1 In the event of any litigation arising out of this Agreement, the
prevailing party shall be entitled to recover its attorneys' fees and
costs, including the fees and expenses of any paralegals, law clerks
and legal assistants, and including fees and expenses charged for
representation at both the trial and appellate levels.
11.2 In the event of any litigation arising out of this Agreement, each
party hereby knowingly, irrevocably, voluntarily and intentionally
waives its right to trial by jury.
12. Indemnification.
12.1 Consultant shall defend, indemnify, and hold harmless the County,
its officers, agents and employees, from and against any and all
demands, claims, losses, suits, liabilities, causes of action,
judgment or damages, arising out ot: related to, or any way
connected with Consultant's performance or non-perfonnance of
any provision of this Agreement including, but not limited to,
liabilities arising from contracts between the Consultant and third
parties made pursuant to this Agreement. Consultant shall
reimburse the County for all its expenses including reasonable
attorney's fees and costs incurred in and about the defense of any
such claim or investigation and for any judgment or damages
arising out of related to, or in any way connected with Consultant's
performance or non- performance of this Agreement.
12.2 The provisions of this section shall survive termination of this
Agreement.
13. Notices/Autborized Reoresentatives. '
13.1 Any notices required by this Agreement shall be in writing and
shall be deemed to have been properly given if transmitted by
hand-delivery, by registered or certified mail with postage prepaid
return receipt requested, or by a private postal service, addressed to
the parties (or their successors) at the following addresses:
For the County: Tom Will~ County Administrator
Monroe County Florida
1100 Simonton Street 205
Key West, Florida 33040
For The Consultant: Rob Buell, Vice President
Advanced Data Solutions, Inc.
141 Scarlet Boulevard, Suite A
Oldsmar, Florida 34677
14. Governin2 Law. Venue and Interoretation.
14. 1 This Agreement shall be construed in accordance with and
governed by the laws ofthe State of Florida..
14.2 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.
14.3 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.
14.4 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. 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.
15. Entire A2J"eement/ModutaltionlAmendment.
15.1 This writing contains the entire Agreement of the parties and
supersedes any prior oral or written representations. No
representations were made or relied upon by either party, other
than those that are expressly set forth herein.
15.2 No agent, employee, or other representative of either party is
empowered to modify or amend the terms of this Agreement,
unless executed with the same formality as this document.
15.3 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.
16. OwnershiD and Access to Records and Audits.
16.1 All records, books, documents, maps, data, deliverables, papers
and financial information (the "Records") that resuh from the
Consultant providing services to the County under this Agreement
shall be the property of the County.
16.2 Contractor shall maintain all books, records, and documents
directly pertinent to performance under this Agreement in
accordance with generally accepted accounting principles
consistently applied. The County Administrator, Clerk or a
designee shall, during the term of this Agreement and for a period
of three (3) years from the date of termination of this Agreement,
have access to and the right to examine and audit any Records of
the Consultant involving transactions related to 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.
16.3 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. The County may cancel this
Agreement for refusal by the Consultant to allow access by the
County Administrator or his designee to any Records pertaining to
work perfonned under this Agreement that are subject to the
provisions of Chapter 119, Florida Statutes.
16.4 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.
17. Nonusinabilitv.
17.1 This Agreement shall not be assignable by Consultant unless such
assignment is first approved by the County Administrator. The
County is relying upon the apparent qualifications and personal
expertise of the Consultant, and such firm's familiarity with the
County's area, circumstances and desires.
18. Severabilitv.
18.1 If any term or provision of this Agreement shall to any extent be
held invalid or unenforceable, the remainder of this Agreement
shall not be affected thereby, and each remaining term and
provision of this Agreement shaJl be valid and be enforceable to
the fullest extent permitted bylaw.
19. Indeoendent Contractor.
19.1 The Consultant and its employees, volunteers and agents shall be
and remain independent contractor and not agents or employees of
the County with respect to all of the acts and services performed by
and under the terms of this Agreement. This Agreement shall not
in any way be construed to create a partnership, association or any
other kind of joint undertaking, enterprise or venture between the
parties.
20. Comoliance with Laws.
20.1 The Consultant shall comply with all applicable laws, ordinances,
rules, regulations, and lawful orders of public authorities relating
to the Project.
21. Waiver.
21.1 The failure of either party to this Agreement to object to or to take
affirmative action with respect to any conduct of the other which is
in violation of the terms ofthis Agreement shall not be construed
as a waiver of the violation or breach, or of any future violation,
breach or wrongful conduct.
22. Survival of Provisions.
22.1 Any terms or conditions of either this Agreement that require acts
beyond the date of the term of the Agreement, shall survive
termination of the Agreement, shall remain in full force and effect
unless and until the terms or conditions are completed and shall be
fully enforceable by either party.
23. Prohibition Of ConDo2eocv Fees.
23.1 The Consultant warrants that it has not employed or retained any
company or person, other than a bona fide employee working
solely for the Consultant, to solicit or secure this Agreement, and
that it has not paid or agreed to pay any person(s), company,
corporation, individual or firm, other than a bona fide employee
working solely for the Consultant, any fee, commission,
percentage, gift, or any other consideration, contingent upon or
resulting from the award or making of this Agreement.
24. General Clauses.
24.1 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.
24.2 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.
24.3 No person or entity shall be entitled to rely upon the terms, or any
of them, of this Agreement to enforce or attempt to enforce any
third-party claim or entitlement to or benefit of any service or
program contemplated hereunder, and the County and the
Contractor agree that neither the County nor the Contractor or any
agent, officer, or employee of either shall have the authority to
inform, counsel, or otherwise indicate that any particular individual
or group of individuals, entity or entities, have entitlements or
benefits under this Agreement separate and apart, inferior to, or
superior to the community in general or for the purposes
contemplated in this Agreement.
24.4 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.
24.5 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.
24.6 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. Couoteroarts.
25.1 This Agreement may be executed in several counterparts, each of
which shall be deemed original and such counterparts shall
constitute one and the same instrument.
IN WITNESS WHEREOF, the parties execute this Agreement on the respective
dates un er each signature: The County, signing by and through its County
.'; ly authorized to execute same and by Consultant by and through its
se representative has been duly authorized to execute same.
MONROE COUNTY
By: L)~ >n ~
Mayor, Dixie Spehar
Date: 0 Co - 1 oS' - c> -S-
Approved by County Attorney
for fonn:
CONSULTANT
By: ~/dJ~
Rob Buell
Richard Collins, County Attorney
Date:
592001/forms professional services
Date:
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ADVANCED DATA SOLUTIONS, INC.
141 SalrIet BWevard, Sule A
OIdIlmar, F\orlcIa 34OT7
813.855.3545 Corporwt8
www.aclBus.net
Pricing - Exhibit A
Monroe County
1100 Simonton Street, Suite 205
Kev West, Aorida 33040
Quantity Description Price
Up to 500,000 Scanning & Indexing of BIdg PermI Files (8 % x $.09
Annually 11,8%x14&11x17)
Up to 100,000 Scanning & Indexing of Bt.iIding Pennit Blueprints $1.25
Annually
Up to 250 CD-Rom Media disc $15.00
AnnuallY
12 Pick-up and delivery of documents (lypicaly $250.00
charged pertrip)
- Database Management (merging thousands of NlC
letterllegal size documents & blueprints within
Alchemy database)
1 Initial Set-Up & Establishment of Database NlC
Fonnat & Structure
Tenns & services:
AD doamert preparation, scanning, Indexing & review performed by ADS personnel. Document
turnaround time is not to exceed 30 days. ~ Pick-Ups coordinated through ADS driver.
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ADVANCED DATA SOLUTIONS, INC.
141 ScMet Bcdevard, SuIe A
Oldsmar, Florida 3<<f17
813.855.3545 Corporate
www.adsu8.net
Pricing - Exhibit B
Monroe County
1100 Sinorton Street. Suite 205
Kev West, Florida 33040
Below pricing relates to the purchase of additional software (in addition to that already owned) and is
based on CUfT'ef1t list pricing.
Description Price
AJchemy Advanced Content Management Server V8.0 $8,995.00
Alchemy Web $3,500.00
Alchemy Records Manager $10,000.00
AJchemy Web Viewer Extension $2,500.00
Alchemy Scan $1,500.00
Alchemy Search Client - 51-75 Searchers (Each) $117.00
Alchemy Index Station Client 6-10 Indexers (Each) $800.00
Alchemy Document Management Client 51-75 Clients (Each) $175.00
ADS ImpJementation Services On-Site Implementation Service Services I Day $1,200.00
Armual Maintenance Program:
Annual Maintenance Program (AMP) is charged at 18% of the cummt list price of aI software owned & is
renewable each fiscal year on October 1-.
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
~feeting Date: June 20.2007
Bulk Item: Yes -L No
Division: Growth Management
Department: Planning and Environmental Res.
Staff Contact: Julianne Thomas
AGENDA ITEM WORDING: A resolution to rescind a land use designation change from Sub Urban
Commercial (SC) to Mixed Use (MU) for a portion of the property legally described as Island of Key Largo, Pt. Lots
5-12-13, Section 6, Township 615, Range 40E, Monroe County, Florida, having Real Estate Number:
00083970.000000.
ITEM BACKGROUND: On October 10, 2006, the Development Review Committee recommended approval to
the Monroe County Planning Commission for the request of Northstar Resort Enterprises Corp. to amend the Land
Use District Map from Sub Urban Commercial (SC) to Mixed Use (MU) for a portion of the property legally
described as Island of Key Largo, Pt. Lots 5-12-13, Section 6, Township 615, Range 40E, Monroe County, Florida,
having Real Estate Number: 00083970.000000. This parcel is split between three (3) Land Use Districts. The Sub
Urban Residential (SR) and Native Area (NA) portions of the parcels shall remain unchanged.
On March 20, 2007, the Monroe County Planning Commission recommended approval to the Monroe County Board
of County Commissioners for the request of Northstar Resort Enterprises Corp. to amend the Land Use District Map
from Sub Urban Commercial (SC) to Mixed Use (MU) for a portion of the property as described above.
PREVIOUS RELEVANT HOCC ACTION: On February 21, 2007, the HOCC approved the request of Northstar
Resort Enterprises Corp. to amend the Land Use District Map from Sub Urban Commercial (SC) to Mixed Use
(MU) for a portion of the property as described above. It was determined that posting requirements had not been
met, and that the item would have to be heard at a subsequent meeting after the resolution was signed. The request
was withdrawn before the re-hearing could occur.
CONTRACT/AGREEMENT CHANGES: N/ A
STAFF RECOMMENDATIONS: Approval
TOT AL COST:
N/A
BUDGETED: Yes
No
COST TO COUNTY: N / A
REVENUE PRODUCING: Yes
SOURCE OF FUNDS:
No
AMOUNT PER MONTH_ Year
APPROVED BY:
County Atty X- OMB/Purchasing_
Risk Management _
DOCUMENT ATION:
Included X
Not Required__
DISPOSITION:
AGENDA ITEM #
RESOLUrlON NO.
- i007
AN RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS RESCINDING ORDINANCE OlH!007 AS VOID AB INITIO
WHICH ORDINANCE APPROVED A REQUEST BY NORTIISTAR RESORT
ENTERPRISES CORP. FOR A LAND USE DISTRICT MAP AMENDMENT
FROM SUBURBAN COMMERCIAL TO MIXED USE FOR A PART OF THE
PROPERTY LEGALLY DESCRIBED AS ISAND OF KEY LARGO, PT LOTS 5-
12-IS, SEC 6, TOWNSHIP 61S, RANGE 4OE, MONROE COUNTY, FLORIDA,
HA VING REAL ESTATE NUMBER 00088970.00000o.
WHEREAS, the Monroe ColUlty Board of ColUlty Commissioners (BOCC), during a regular
meeting held on February 21, 2007 conducted a review and consideration of the request filed by
Northstar Resort Enterprises Corp. for a Land Use District Map Amendment from SUB URBAN
COMMERCIAL (SC) to MIXED USE (MU) for property legally described as Island of Key Largo,
Pt. Lots 5-12-18, Section 6, Township 61S, Range 4OE, Monroe Cotmty, Florida, having Real Estate
Nwnber: 00088970.00000o; and
WHEREAS, the BOCC approved this request and adopted Ordinance 0i-2oo7; and
WHEREAS, after Ordinance 0i-2oo7 had been signed, it was discovered that the property
had not been posted pursuant to the Monroe Cotmty Code and the item would have to be posted and
reconsidered in order to be approved; and
WHEREAS, the Applicant withdrew the application for the Land Use Designation Change
prior to the rehearing by the BOCC;
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FWRlDA:
initio.
The Board rescinds Ordinance 0i-2007 because it was not properly enacted and was void ab
PASSED AND ADOPTED by the Board of Cotmty Commissioners of Monroe ColUlty,
Florida at a regular meeting held on the day of 2007.
Mayor Mario Di Gennaro
Mayor Pro Tern, Dixie Spehar
Commissioner George Neugent
Commissioner Olarles uSonny" McCoy
Connnissioner Sylvia J. Murphy
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY
Mayor Mario Di Gennaro
(SEAL)
ATTEST: DANNY L. KOUIAGE, CLERK
MONROE COUNTY ATTORNEY
~~
~-
- SUSAN M. G SLEY 7
ASSISTANT COUNTY ATTORNEY
Date '''S--o-,
DEPU1Y CLERK
BOCC Rescind Ordinance 02-2007
Page 1 ofl
.. ....
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: 20 June 2007
Division:
Growth Management
Bulk Item: Yes ----X- No
Department:
Marine Resources
Staff Contact:
George Garrett
AGENDA ITEM WORDING:
Approval of an amendment to the Contract between Monroe County and Comcast to provide continuing media
services in support of public education concerning the No Discharge Zone in place within state waters of the
Florida Keys National Marine Sanctuary.
ITEM BACKGROUND:
The County currently has a contract with Comcast to provide media services in support of public education
concerning the No Discharge Zone. This amendment would extend the contract for an additional year at a cost
of $45,757.40 A one minute media spot is provided on nine channels once per day for a year's duration. In
addition, a message will be provided on the "Weather Crawl" on the Weather Channel throughout the day for
the period of a year. Funds will be provided for the service from the Boating Improvement Fund. This year,
enforcement officers will begin to enforce the No Discharge Regulation, as such it is felt that an additional year
of public education through the media is essential to ensure that the message gets out that certain categories of
vessels must have marine sanitation devices and in no case may those vessels pump their waste overboard.
PREVIOUS RELEVANT BOCC ACTION:
March 2004 - Contract with Comcast to provide 1 year of media service
April 2005 - extension of Comcast Contract
April 2006 - extension of Comcast Contract
CONTRACT/AGREEMENT CHANGES:
Modification to add 1 year of service at a cost of$45.757.40.
ST AFF RECOMMENDATIONS;
Approval
TOTAL COST: $45.757.40
COST TO COUNTY: $45,757.40
BUDGETED: Yes
SOURCE OF FUNDS:
X No
BIF Fund
REVENUE PRODUCING: Yes ~ AMOUNT Per Month Year
APPROVED BY: County Atty ----X- ~lPurchasing ----X- Risk Management ~
DOCUMENTATION: Included ----X- Not Required
DISPOSITION:
AGENDA ITEM NO.:
BC070642 ComCast AIS.doc
5/10/20071:22:42 PM
~
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MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Comcast Spotlight Contract #_
Effective Date: 06/20107
Expiration Date: 06/30108
Contract PurposelDescription:
Comcast Spotlight media services for No Discharge Zone and Pump Out Services
Contract Manager: . George Garrett 2507 Marine Resources 111
(Name) (Ext. ) (Department/Stop #)
for BOCC meeting on 06120107 Agenda Deadline: 6105107
CONTRACT COSTS
Total Dollar Value of Contract: $ 45,757.40
Budgeted? Yes[2J No D Account Codes:
Grant: $ 0
County Match: $ 45,757.40
Current Year Portion: $ 45,757.40
157-62520-530340-_-_
- - - -
-----
- - - -
-----
- - - -
-----
Estimated Ongoing Costs: $NAlyr
(Not included in dollar value above)
ADDITIONAL COSTS
For: NA
(eg. maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
Changes
Date In Needed /
Division Director t - ~ - 6C YesD N00 .
Risk Manaxem1\1 b- }Ol YesONd
O.~/P9c~ing tOT YesO ~f~'.
County Attorney Olaf Y ~.o~
s: ~/olJ
C;;;f~~;t~$~~~~';~;~ v-
J"'tL-/ p. -{~~~c-
Date Out
.r.: -- &' - 67
OMB Form Revised 2/27/01 MCP #2
....
AMENDMENT 4
BROADCAST SERVICES CONTRACT
THIS CONTRACT AMENDMENT is made and entered into this 20th
day of June, 2007, by and between the BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY (COUNTY), and FLORIDA KEYS
COMCAST (COMCAST).
Section 1.
-'
Scope. The COUNTY and COMCAST, for the consideration
named agree to extend their contract for media services, originally entered into
on April 21, 2004 and first amended on April 20, 2005, second amended on June
21, 2006 (subsequently rescinded), third amended on October 18, 2006
concerning the No Discharge Zone in place within state waters of the Florida
Keys National Marine Sanctuary for one additional year (52 weeks): The Scope
of such additional services are provided as Attachment 1 - Detailed Scope of
Services and Payment Schedule. The total amount of all services will be
$45,757.40.
Section 2.
Reporting. In consideration of the services described above,
COMCAST agrees to provide notarized verification of all media broadcast
required under this Contract amendment.
BC070640 ComCast Contract.doc
5/15/20073:42:12 PM
.
.
'"
Section 3.
Payment. The COMCAST will provide regular, original
mVOIces for services agreed upon under this Contract Amendment with no
greater frequency than montWy. The COUNTY will process invoices from
COMCAST within 30 days of receipt. Invoices for such services will be
provided to the COUNTY and reimbursement will be made in accordance with
Attachment I - Detailed Scope of Services and Schedule of Payments.
Section 4.
The effective date of this Contract Amendment is 20 June, 2007.
The termination date, without further amendment, is 30 June 2008.
Section 5.
IN WITNESS WHEREOF each party hereto has caused this
Agreement to be executed by its duly authorized representative.
(SEAL)
Attest: DANNY L. KOLHAGE, CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
By
County Mayor
Deputy Clerk
(SEAL)
Attest:
COMCAST
By~czl.. ..
Title cP;Y7T2 u.
Lo c.a.Q ~ "lY\0t-\'\.. 6..y
By
Title MONROE COIINTY ATTORNFY
APPROVED AS TO FORM:
~T~~~~CA~t~
ASSISTANT COU~TY ATTORNEY
Date r,! If/ 0,1
Be 070641Contract
5/15/20073:42:12 PM
2
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ATTACHMENT 1
Detailed Scope of Services and Schedule of Payments
Appendix A
5/15/20073:42:12 PM
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Robertson-Connie
From: Garrett-George
Sent: Thursday, May 24, 2007 9:03 AM
To: Robertson-Connie
Subject: Comcast
From: Garrett-George
Sent: Thursday, May 24, 2007 8:42 AM
To: Cassel-Nat
Subject:
Nat:
Regarding the Comcast renewal and why no bid. The answer is that there really is no other option to place
something local on TV. The ComcasEcontract places a streamer on the "weather crawl" multiple times a
day and runs a 30 second spot on 8 channels several times a day.
Thanks
ffjeo1fle ffja;pj(ett
Sf. Director of Marine Resources & GIS Services
Monroe County, Florida
2798 Overseas Highway, Suite 420
Marathon, Florida 33050
RECEIVED
Voice: 305 289 2507
FAX: 3052892536
Email: ~arrett-george@monroecounty-fl.goy
MAY 25 2007
MONROE COUNTY ATTORNEY
5/24/2007
Back Up Materials
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Amendment 1
BROADCAST SERVICES CONTRACT
THIS CONTRACf AMENDMENT is made and entered into this 20th
day of
April. 2005, by and between the BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY (COUNTY), and FLORIDA KEYS
COMCAST (COMCAST ).
Section 1.
Scope. The COUNTY and COMCAST, for the consideration
named agree to extend their contract for media services concerning the No
Discharge Zone in place within state waters of the Florida Keys National
Marine Sanctuary for one additional year: The Scope of such additional
services are provided as Attachment 1 - Detailed Scope of Services and
Payment Schedule.
Section 2.
Reporting. In consideration of the services described above,
COMCAST agrees to provide verification of all media broadcast required
under this Contract amendment.
Section 3.
Payment. The COMCAST will provide regular invoices for
services agreed upon under this Contract Amendment with no greater
frequency than monthly. The COUNTY will process invoices from
COMCAST within 30 days of receipt. Payment for such services will be
Comcast Contract Amended
4/8/2005 2:48 PM
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provided to the COUNTY and reimbursed will be made in accordance with
Attachment 1 - Detailed Scope of Services and Schedule of Payments.
Section 4.
The effective date of this Contract is 20 April , 2005. The
termination date, without further amendment, is 30 April 2006.
(SEAL)
Attest:
By
Title
APPROVED AS TO FORM AND
H!~dW'CL.
ATTORNEY'S OFFICE
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3/31/2005 4 :21 :00 PM
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AlTACHMENT 1
Detailed Scope of Services and Schedule of Payments
Appendix E
4/8/2005 2:45 PM
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BROADCAST SERVICES CONTRACT
THIS CONTRACT AMENDMENT is made and entered into this 21st
day of June. 2006, by and between the BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY (COUNTY), and FLORIDA KEYS
COMCAST (COMCAST ).
Section 1.
Scope. The COUNTY and COMCAST, for the consideration
named agree to extend their contract for media services, originally entered into
on April 21, 2004 and first amended on April 20, 2005, concerning the No
Discharge Zone in place within state waters of the Florida Keys National
Marine Sanctuary for one additional year: The Scope of such additional
services are provided as Attachment 1 - Detailed Scope of Services and
Payment Schedule. The total amount of all services will be $39,856.00.
Section 2. Reporting. In consideration of the services described abovet
COMCAST agrees to provide notarized verification of all media broadcast
required under this Contract amendment.
Section 3. Payment. The COMCAST will provide regular invoices for
servIces agreed upon under this Contract Amendment with no greater
frequency than monthly. The COUNTY will process invoices from
COMCAST within 30 days of receipt. Invoices for such services will be
BC06064Z ComCast Contract.doc
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Section 4.
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S~m:n~~, IN WITNESS WHEREOF each party hereto has caused this
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'(.7, ' (S~t. .,/ fi BOARD OF COUNTY COMMISSIONERS
\<~~: ~~ KOLHAGE. ClERK OF MONROE C~~' FLORIDA
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Deputy Clerk Mayor/Chairman
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AMENDMENT 3
BROADCAST SERVICES CONTRACT
THIS CONTRACT AMENDMENT NUMBER 3 is made and entered
into this 18 th day of October. 2006, by and between the BOARD OF
COUNTY COMMISSIONERS OF MONROE COUNTY (COUNTY), and
FLORIDA KEYS COMCAST (COMCAST ) and rescinds Amendment 2 entered
into on June 21, 2006.
Section 1.
Scope. The COUNTY and COMCAST, for the consideration
named agree to extend their contract for media services, originally entered into
on April 21, 2004, first amended on April 20, 2005, and second amended on
June 21, 2006, concerning the No Discharge Zone in place within state waters
of the Florida Keys National Marine Sanctuary. The CONTRACT is extended
for 14 additional months. Amendment 2 to the Contract is hereby rescinded to
be replaced by this Contract Amendment, Amendment 3. The Scope of
Amendment 3 and such additional services are provided as Attachment 1 _
Detailed Scope of Services and Payment Schedule. The total amount of all
services will be $42,908.00.
Section 2.
Reporting. In consideration of the services described above,
COMCAST agrees to provide notarized verification of all media broadcast
required under this Contract amendment.
BC061060 CornCast Cntret Arnd2.doe
",
IN WITNESS WHEREOF each party hereto has caused this Agreement to be
executed by its duly authorized representative.
(SEAL)
Attest: DANNY L. KOLHAGE, CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE CO~TY, FLORIDA
()J
By j/(
Mayoi/Chairrrlan
Ba.~
."
Deputy Clerk
(SEAL)
Attest:
COMCAST
~~L~
Title LJ,- tv\
1~- 3-VJa
By
Title
APPROVED AS TO FORM
ATTORNEY'S OFFICE
MuNROE COUNTY ATTORNEY
A8 ROVED AS TO F M:
Contract
9/27/200611:31:00AM
3
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: 20 June 2007
Division: Growth Management
Bulk Item: Yes -L No
Department: Marine Resources
Staff Contact Person: George Garrett.
AGENDA ITEM WORDING:
Approval of a contract between Monroe County and Coffm Marine Services for securing, removal, and
disposal of numerous derelict and abandoned vessels on land and water.
ITEM BACKGROUND:
Over the course of the past months numerous requests for quotes to dispose of derelict or abandoned
vessels, both on land and water, have been received and carried out by Coffm Marine Services. This
contract serves to consolidate each of these quotes into a single contract document. The total amount
of the Contract is $100,000.00. The Boating Improvement Fund will be used to fund the project.
PREVIOUS RELEVANT BOCC ACTION:
None
CONTRACT/AGREEMENT CHANGES:
New Contract
STAFF RECOMMENDATIONS:
Approval
TOTAL COST:
$100,000
BUDGETED: Yes
No
COST TO COUNTY:
$100,000
SOURCE OF FUNDS:
Fund 157 I BIF
REVENUE PRODUCING: Yes
No X
AMOUNTPERMONTH_ Year
APPROVED BY: County Atty -L OMBlPurchasing-L
Risk Management ~
DOCUMENTATION:
Included -L
Not Required_
DISPOSITION:
AGENDA ITEM #
Revised 8/06
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Coffm Marine Services Contract # -
Effective Date: 1011106
Expiration Date: 12/31/07
Contract PurposelDescription:
Marine Salvage Services for the recovery and disposal of derelict and abandoned
vessels
Contract Manager: George Garrett 2507 Marine Resources III
(Name) (Ext. ) (Department/Stop #)
for BOCC meeting on 6/20107 Agenda Deadline: 6105107
CONTRACT COSTS
Total Dollar Value of Contract: $ 100,000.00 Current Year Portion: $ 90,000.00
Budgeted? Yes[2J No 0 Account Codes: 157-62520-_-_-_
Grant: $ 0 _-_-_-_-_
County Match: $ 100,000.00 _-_-_-_-_
- - - -
-----
ADDITIONAL COSTS
Estimated Ongoing Costs: $_/yr For:
(Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
Changes
Date In Needed
Division Director t/ ,-67 YesD NoD
Risk M:itanmem. to- 707 Yes~o 0
w 'ti'
O.M.B. ch~ing ~o::r YesDNo~
County Attorn~ 6/s/a:L YesD No[d'
Comments:
Date Out
OMB Form Revised 2/27/01 MCP #02 '
lfv1
~ - d'~n
1--7 {))
CONTRACT FOR MARINE SALVAGE SERVICES BETWEEN MONROE COUNTY
AND COFFIN MARINE SERVICES, INC.
THIS CONTRACT made and entered into this _ day , 2007 by and between
MONROE COUNTY, a political subdivision of the State of Florida, whose address is the
Marathon Government Center, 2798 Overseas Highway, Marathon, Florida 33050, hereinafter
referred to as the "COUNTY", through the Monroe County Board of County Commissioners
("BOCC"), and Coffin Marine Services Inc., P.O. Box 430538, Big Pine Key, Florida 33043,
hereinafter referred to as the "CONTRACTOR".
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 the CONTRACTOR agree as follows:
I. SCOPE OF WORK
A. CONTRACTOR agrees to secure, remove, and properly dispose of by means of
vehicle or vessel all items identified by Monroe County Department of Marine Resources as
marine debris which is not caused by hurricanes. CONTRACTOR is NOT authorized to secure,
remove, and properly dispose of hurricane related debris.
B. Attached hereto as Attachment I, Scope of Work and Payment Schedule, is a list of
items removed and disposed of from October 2006 to June 30, 2007 and the cost for removal of
each item. This list is conclusive through June 30, 2007.
C. COUNTY and CONTRACTOR are aware of one or more items which have been
located but are not listed on Attachment 1 and it is anticipated that this item and other debris will
be located between May I, 2007 and December 31, 2007, for disposal under this Agreement.
Non-hurricane related debris shall be removed under this Agreement so long as the cost of
securing, removing, and properly disposing does not exceed the contract amount.
D. CONTRACTOR and COUNTY shall keep track of the charges as incurred.
CONTRACTOR agrees not to exceed the contract amount and acknowledges that exceeding the
contract amount will result in non-payment for work.
E. The selection of disposal sites will be at the discretion of CONTRACTOR, so long as
the CONTRACTOR has verified that the chosen site will accept the type of solid waste to be
delivered and the disposal site is a legally permitted solid waste facility located within Monroe
County.
F. CONTRACTOR shall notify George Garrett, Sf. Director of Marine Resources, the
County's designated person, that debris is ready for disposal. The designee of the COUNTY
shall notify the site as necessary. CONTRACTOR shall provide solid waste facility "tipping
fee" receipts to verify that material has been properly disposed of.
2. PAYMENTS.
A. COUNTY'S performance and obligation to pay under this Agreement, is contingent upon
annual appropriation by the Board of County Commissioners of Monroe County.
B. CONTRACTOR shall submit to the County an invoice or invoices with supporting
documentation acceptable to the Clerk. Payment will be made after delivery and inspection by
COUNTY and upon submission of invoice by CONTRACTOR.
BC070612 Contract - Coffin Marine
6/8/200711:17:07 AM
C. COUNTY shall pay in accordance with the Florida Statute 218.70 et al Local
Government Prompt Payment Act; payment will be made of an.
D. CONTRACTOR shall submit all invoices to the COUNTY with supporting
documentation acceptable to the Clerk based on generally accepted accounting principles and
such laws, rules and regulations as may govern the Clerk's disbursal of funds.
E. Total Compensation under this Agreement shall not exceed one hundred thousand dollars
($100,000.00).
3. TERM OF AGREEMENT
This Agreement shall become effective upon execution of this Agreement by all parties, and
ends upon completion, submittal, and payment of invoices by COUNTY unless terminated
earlier under section 18 of this Agreement and no later than December 31, 2007. Invoices are
expected to be retroactive to October 1, 2006 or later.
4. ACCEPTANCE OF CONDITIONS BY CONTRACTOR
CONTRACTOR has, and shall maintain throughout the term of this Agreement, appropriate
licenses. Proof of such license shall be submitted to the COUNTY within 10 days of the
execution of this agreement.
5. 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.
6. 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.
7. 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 Qf omission of CONTRACTOR, its employees, or agents.
BC070612 Contract - Coffin Marine
6/8/2007 11:17:07 AM
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:
Workers Compensation and Employer's Liability Insurance:
Where applicable, coverage to apply for all employees at a minimum statutory limits as
required by Florida Law.
Recognizing the work governed by this contract involves Maritime Operations, the
Contractor's Workers' Compensation Insurance Policy shall include coverage shall include
coverage for claims subject to the Federal Jones Act (46 U.S.C.A. subsection 688) with limits
not less than those specified for Employer's Liability.
The Contractor shall be permitted to provide Jones Act Coverage through a separate
Protection and Indemnify Policy, in so far as the coverage provided is no less restrictive than
would have been provided by a Worker's Compensation policy.
General Liability:
The minimum limits of liability shall be:
$500,000 per Occurrences/$I,OOO,OOO Aggregate
Vehicle Liability Insurance:
The minimum limits acceptable for Owned, Non-Owned, and Hired Vehicles shall be:
$1,000,000 Combined Single Limit (CSL)
Worker's Compensation/Employer's Liability Insurance:
$1,000,000 Bodily Injury by Accident
$1,000,000 Bodily Injury by Disease, policy limits
$1,000,000 Bodily Injury by Disease, each employee
Water Craft Liability Insurance:
The minimum limits acceptable shall be:
$500000 Combined Single Limit (CSL)
Pollution Liability Insurance:
The minimum limits of liability shall be:
$5,000,000 per Occurrence/$lO,OOO,OOO Aggregate
8. 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
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6/8/200711:17:07 AM
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 find CONTRACTOR or any of his
employees, subs, servants, or agents to be employees of the Board of COUNTY Commissioners
of Monroe COUNTY.
II. NONDISCRIMINA nON
COUNTY and CONTRACTOR agree that there will be no discrimination against any person,
and it is expressly understood that upon a determination by a court of competent jurisdiction that
discrimination has occurred, this Agreement automatically terminates without any further action
on the part of any party, effective the date of the court order. COUNTY or CONTRACTOR
agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable,
relating to nondiscrimination. These include but are not limited to: 1) Title VI of the Civil
Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or
national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-
1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the
Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the
basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-
6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and
Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of
drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and
Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis
of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42
USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse
patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended,
relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with
Disabilities Act of 1990 (42 USC s. 120 I 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 ISUBCONTRACT
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
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6/8/200711:17:07 AM
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 REOUIREMMENTS
In providing all services/goods pursuant to this agreement, 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 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 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
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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
George Garrett
Sr. Director of Marine Resources
Monroe County Department of Marine Resources
2798 Overseas Highway, Suite 420
Marathon, Florida 33050
FOR CONTRACTOR:
John Coffin
Coffin Marine Services
P. O. Box 430538
Big Pine Key, Florida 33043
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. TERMINATION
The COUNTY may terminate this Agreement with or without cause prior to the beginning of the
manufacture of the furnishings. 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.
19. GOVERNING LAW, VENUE, INTERPRETATION.
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. MEDIA TION
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
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6/8/200711:17:07 AM
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 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
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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.
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, 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.
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.
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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, 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 and shall be deemed an original contract.
(SEAL)
Attest: DANNY L. KOLHAGE, CLERK
BOARD OF COUNTY
COMMISSIONERS OF
MONROE COUNTY, FLORIDA
By:
Deputy Clerk
By:
Mayor Mario Di Gennaro
Date:
Date:
Witnesses for CONTRACTOR:
~~~~-
Signature
Jo
h-'O\'"&)
Date:~''S--07
Date:
MONROE COUNTY ATTORNEY
~Z:~..J(
NA IlEENE W. CASSEL ~
ASSIST~T;;gUNTY ATTORNEY
Date ~ fj ..,
BC070612 Contract - Coffin Marine
6/5/2007 1:28:27 PM
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