10/13/1999 Contract
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MONROE COl]!\: I)' PUBI ,1(' WORKS DIVISION
FACILITIES rv1:\IN I'ENANCL DEPARTMENT
CORRH'TIONS I,:\( 'II ,ITIES
CONTR;\< 'I SPECIFI< 'ATIONS
PREVENTATIVE MAIN I'l-'NANCT Sl-'RVICE CONTRACT
KITCHEN RF1RI( iFRATION EQlIIPMENT
MONROE COl'" I)' DETENTION CENTERT
550 I lJ ,LEGE ROAD
KEY \\ IXL FLORIDA
BOARD OF COUNTY COMMISSIONERS
Mayor Wilhelmina G, Ilarvcy, District 1
Mayor Pro-Tcm Shirlcy Frccman, District 3
Gcorgc Neugent, District 2
Nora Williams, District 4
Mary Kay Reich, District 5
COUNTY ADMINISTRATOR
James L. Roberts
DIRECTOR OF PUBLIC WORKS
Dent Pierce
CLERK OF THE CIRCUIT COlJIU
Danny L. Kolhagc
j';\CJIJTIES MAINTENANCE DIRECTOR
Carlos Zarate
NOTIFICA TION
MANDATORY SITE INSPECTION
REQUIRED
A site inspection will be conducted on:
TUESDA Y
AUGUST 10, 1999 at
10:00 AM
ALL INTERESTED BIDDERS ARE TO MEET AT
FRONT ENTRANCE OF MONROE COUNTY DETENTION CENTER
5501 COLLEGE ROAD
KEY WEST, FL.
FAILURE TO ATTEND WILL RESULT IN IMMEDIATE
DISQUALIFICATION OF YOUR BID
SECTION ONE
INSTRUCTIONS TO BIDDERS
1.01 INSURANCE/INDEMNIFICATION/HOLD HARMLESS
A. The CONTRACTOR shall defend, indemnify and hold harmless the
County as outlined on the attached form identified as TCS.
B. The CONTRACTOR will be responsible for all necessary insur-
ance coverage as indicated by an "X" on the attached forms
identified as INSCKLST, as further detailed on forms GL1, VL1
and WC1.
C. If the bidder is exempt from Workers Compensation under
Florida Statute 440 a copy of the exemption certificate lS to
be submitted with the proposal. Workers Compensation
Insurance will only be waived for those companies that
demonstrate that they are exempt employers.
D. Certificates of Insurance must be provided to Monroe County
within fifteen days after award of bid/proposal. If the
proper insurance forms are not received within the fifteen
days, bid/proposal may be awarded to the next selected
bidder.
1.02 DISQUALIFICATION OF BIDDERS
A. One Proposal: Only one proposal from an individual, firm,
partnership or corporation under the same or under different
names will be considered. If it is discovered that a bidder
is interested in more than one proposal for the work in-
volved, all proposals in which such a bidder is interested
may be rejected.
B. NON-COLLUSION AFFIDAVIT: Any person submitting a bid or
proposal in response to this invitation must execute the
enclosed NON-COLLUSION AFFIDAVIT. If it is discovered that
collusion exists among the bidders, the bid or proposals of
all participants in such collusion will be rejected, and no
participants in such collusion will be considered in future
bids or proposals for the same work.
C. PUBLIC ENTITY CRIME: A person or affiliate who has been
placed on the convicted vendor list following a conviction
for a public entity crime may not submit a bid on a contract
to provide any goods or services to a public entity, may not
submit a bid 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
1-1
Section 287.017, for CATEGORY TWO for a period of 36 months
from the date of being placed on the convicted vendor list.
Category Two: $10,000.00.
D. ETHICS CLAUSE: Any person submitting a bid or proposal in
response to this invitation must execute the enclosed ETHICS
CLAUSE and submit it with his bid or proposal. Failure to
complete this form in every detail and submit it with your
bid or proposal may re~:lt in disqualification of your bid or
proposal.
E. DRUG-FREE WORKPLACE FORM: Any person submitting a bid or
proposal in response to this invitation must execute the
enclosed DRUG-FREE WORKPLACE FORM and submit it with his bid
or proposal. Failure to complete this form in every detail
and submit it with your bid or proposal may result in
immediate disqualification of your bid or proposal.
F. Failure to attend the mandatory site inspection as stipulated
in Article 1.03A will result in the immediate
disqualification of your bid or proposal.
1.03 EXAMINATION OF SITE CONDITIONS
A. There will be a mandatory site inspection of the facility on
TUESDAY, AUGUST 10, 1999 AT lOAM. Failure to attend the site
inspection will result in the immediate disqualification of
your bid of proposal.
B. Each bidder, by and through the submission of his proposal,
agrees that he shall be held responsible for having examined
the sites, the location of all proposed work, and knowledge
and experience or professional advice as to the character and
location of the sites and any other conditions surrounding
and affecting the work, any obstructions, the nature of any
existing construction, and all other physical characteristics
of the job, in order that he may include in the prices which
he bids all costs pertaining to the work and thereby provide
for the satisfactory completion thereof.
1.04 EXAMINATION OF CONTRACT DOCUMENTS
A. Each bidder shall carefully examine the specifications and
other contract documents, and inform himself thoroughly re-
gardjng any and all conditions and requirements that may in
any manner affect cost, progress, or performance of the work
to be performed under the contract. Ignorance on the part of
the CONTRACTOR will in no way relieve him of the obligations
and responsibilities assumed under the contract.
B. Should a bidder find discrepancies or ambiguities in, or
omissions from, the specifications, or should he be in doubt
as to their meaning, he shall at once notify the OWNER.
1-2
1.05 INTERPRETATIONS, CLARIFICATIONS, AND ADDENDA
No oral interpretations will be made to any bidder as to the
meaning of the contract documents. Any inquiry or request
for interpretation received seven (7) or more days prior to
the date fixed for opening of bids will be given considera-
tion. All such changes or interpretations will be made in
writing in the form of ~n addendum and, if issued, will be
mailed or sent by available means to all known prospective
bidders prior to the established proposal opening date. Each
bidder shall acknowledge receipt of such addenda in the space
provided therefore in the proposal form. In case any bidder
fails to acknowledge receipt of such addenda or addendum, his
proposal will nevertheless be construed as though it had been
received and acknowledged and the submission of his proposal
will constitute acknowledgment of the receipt of same. All
addenda are a part of the contract documents and each bidder
will be bound by such addenda, whether or not received by
him. It is the responsibility of each bidder to verify that
he has received all addenda issued before proposals are
opened.
1.06 GOVERNING LAWS AND REGULATIONS
A. The bidder is required to be familiar with and shall be re-
sponsible for complying with all federal, state and local
laws, ordinances, rules, and regulations that in any manner
affect the work.
B. The bidder shall include in his proposal prices all sales,
consumer, use, and other taxes required to be paid in accor-
dance with the law of the State of Florida and the County of
Monroe.
1.07 PREPARATION OF PROPOSALS
A. Signature of the bidder: The bidder must sign the Proposal
forms in the space provided for the signature. If the bidder
is an individual, the words "doing business as
", or "Sole Owner" must appear beneath
such signature. In the case of a partnership, the signature
of at least one of the partners must follow the firm name and
the words "Member of the Firm" should be written beneath such
signature. If the bidder is a corporation, the title of the
officer signing the proposal on behalf of the corporation
must be stated and evidence of his authority to sign the
proposal must be submitted. The bidder shall state in the
proposal the name and address of each person interested
therein.
B. Basis for Bidding: The proposal price for each item shall be
on a unit price basis according to the form of the proposal.
The proposal prices shall remain unchanged for the duration
1-3
of the contract and no claims for cost escalation during the
progress of the work will be considered.
1.08 SUBMISSION OF PROPOSALS
Two (2) signed originals and one (1) copy of each proposal
shall be submitted in a sealed envelope which shall be marked
so as to clearly indicate its contents and the name of the
bidder. If forwarded hy mail, the above mentioned envelope
shall be enclosed in another envelope addressed to the entity
and address stated in the Notice of Calling For Proposals,
and preferably by special delivery, registered mail; if
forwarded otherwise than by mail, it shall be delivered to
the same address. Proposals will be received until the date
and hour stated in the Notice of Calling For Proposals.
1.09 WITHDRAWAL OF PROPOSAL
Any proposal may be withdrawn prior to the time scheduled in
the Notice of Calling For Proposals for the opening thereof.
A proposal may also be withdrawn thirty (30) days after the
date of the opening of the proposals, provided that the
bidder has not been notified that his proposal has been
accepted.
1.10 MODIFICATION OF PROPOSALS
A. Written proposal modification will be accepted from bidders
if addressed to the entity and address indicated in the No-
tice of Calling For Proposals and received prior to proposal
due date and time.
B. A bidder may modify his proposal by telegraphic communication
at any time prior to the scheduled closing time for receipt
of proposals, provided such telegraphic communication is
received prior to the closing time, and provided further, the
OWNER is satisfied that a written confirmation of the
telegraphic modification over the signature of the bidder was
mailed prior to the closing time. The telegraphic
communication should not reveal the proposal price, but
should provide the addition or subtraction or other
modification so that the final prices or terms will not be
known until the sealed proposal is opened. If written
confirmation is not received within two days from the closing
time, no consideration will be given to the telegraphic
modification.
1.11 RECEIPT AND OPENING OF PROPOSALS
Proposals will be received until the designated time and will
be publicly opened and read aloud at the appointed time and
place stated in the Notice of Calling For Proposals. The
person whose duty it is to open them will decide when the
specified time has arrived and no proposals received
1-4
thereafter will be considered. No responsibility will be
attached to anyone for the premature opening of a proposal
not properly addressed and identified. Bidders or their
authorized agents are invited to be present.
1.12 DETERMINATION OF SUCCESSFUL BIDDER
Until the final award of the contract, the OWNER does not
bind to accept the minimum proposal, but reserves the right
to reject any and all proposals and to waive technical errors
and irregularities as may be deemed best for the interests of
the OWNER. Proposals which contain modifications, are
incomplete, unbalanced, conditional, obscure, or which
contain additions not requested or irregularities of any
kind, or which do not comply in every respect with the
Instructions to Bidders, and the contract documents, may be
rejected at the option of the OWNER.
1.13 AWARD OF CONTRACT
A. The OWNER reserves the right to reject any or all proposals,
or any part of any proposal, to waive any informality in any
proposal, or to re-advertise for all or part of the work
contemplated. If proposals are found to be acceptable by the
OWNER, written notice will be given to the selected bidder of
the acceptance of his proposal and of the award of the
contract to him.
B. If the award of the contract is annulled, the OWNER may award
the contract to another bidder or the work may be re-
advertised or may be performed by day labor as the OWNER
decides.
C. The contract will be awarded to the qualified bidder comply-
ing with the applicable conditions of the contract documents.
D. The OWNER also reserves the right to reject the proposal of a
bidder who has previously failed to perform properly or to
complete contracts of a similar nature on time.
1.14 EXECUTION OF CONTRACT
The bidder to whom a contract is awarded will be required to
return to the OWNER four (4) executed counterparts of the
prescribed contract together with the required certificate of
insurance within fifteen (15) days from the date of notice of
acceptance of the bidder's proposal.
1.15 PROPOSAL FORM
Any person submitting a proposal in response to this invita-
tion shall utilize the attached Proposal Form, Exhibit A.
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NON-COLLUSION AFFIDAVIT
I, ut e r P r /.) tor suI t\ So of the
city of l< t '1 oJ a. 1l t according to law on my oath, and
under penalty of perjury, depose and say that;
1) lam PeAte- frDLp StA.tll~ ,the bidder making
the Proposal for the project described as follows:
2) The prices in this bid have been arrived at independently without collusion,
consultation, communication or agreement for the purpose of restricting competition, as
to any matter relating to such prices with any other bidder or with any competitor;
3) Unless otherwise required by law, the prices which have been quoted in this
bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed
by the bidder prior to bid opening, directly or indirectly, to any other bidder or to any
competitor; and
4) No attempt has been made or will be made b~1. the bidder to induce any other
person, partnership or corporation to submit, or not to submit, a bid for the purpose of
restricting competition;
5) The statements contained in this affidavit are true and correct, and made with
full knowledge that Monroe County relies upon the truth of the statements contained in
this affidavit in awarding contracts for said project.
STATE OF f/&Cld.. ~t~r~\B~QQi)A,
COUNTY OF
m/J" rot.
J',J,L') .qq
DATE
PERSONALLY APPEARED BEFORE ME, the undersigned authority,
Iel~/ Iro 10/1 ~ ul f,~ who, after first being sworn by me, (name of
individual signing) affixed his/her signature in the space provided above on this
J.. o-tJu day of Q.u!j II tJL
I5J r bm.tA{b .db aj(rt
TARY PUB IC
..
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My commission expires:
'5-/ ~- cJj)O;D
:;''::~;;;';'" Deborah Glageri
> ,'>> \1\' COMMISSION # CC742962 EXPiRES
. '-..J..~.,,:f May 14, 2002
..t:vi:,i~~:'" .ONVED TriP.V Ti!?Y fAIN INSURANCE. rNC
SWORN STATEMEN r UNDER ORDINANCE NO 10.1990
MONROE COUNTY, FLORIDA
ETHICS CLAUSE
It Ilr frl)fOIJ.fwll,~___l[L..),{i/~ warranlS Ihal he/II has not employed, retained
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or olhef\\~se had act on his/ils behalf ilny former County oOicer or employee in violation of
Seclion 2 of Ordinance no 10.1990 or any County oOicer or employee in violation of
Seclion J of Ordinance No 10-1990 For breach or \~olalion of this provision the County
may, in ils discretion, )el111inale tills (Olllract withoulliilbilily and may also, in its discretion,
deduct from the contract or purchase price, or otherwise recover, Ihe full amount of any fee,
commission, percentage, gift, or consideralion paid to ;ile former County officer or employee.
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Date: t .J 0 . q 'f
STATE OF
f'J () r I ('J"
COUNTY OF
mr!,t1) Ro~
PERSONALLY APPEARED BEFORE ME, the undersigned authority,
_-.--ILiff foJo/Js~ Il.) who, after first being sworn by me, afTixed his/her
I ---- .--- -----
sign?lure (name of individual siglll/J!~) In the space provided above on t1m; DY--lv day of
~uat,
,19i1j
AJ tfJ(y,JU, ~ ~ u..t
NOTARY PUI3LIC'
My commission expires
0- / ~l- ;-I)O:J-J
...<~.~:'r~~;;,.. iJ(,tJota II Gragsll
[:~?- ~4 "~;l MY COMMISSION It (C742982 EXPI~ES
;~..,&.~...: May 14, 2002
"'l-?'~,.",'f.;'- BONDED TH~U ThOY FAJN INSU~ INC
'Iflntl'
MCPf/4
DRUG-FREE WORKPLACE FORJ\1
The undersigned vendor in accordance with Florida Stalule 287.087 hereby certifies thaI:
S () b Z t..r{) 1'tV L-
(Name of Business)
I. Publish a slatement notitying employees Ihat Ihe unlawful manufacture, distribution, dispens-
ing, possession, or use of a conlrolled substance is prohibited in the workplace and specitying the
actions thaI will be taken against employees for violalions of such prohibition
2. Inform employees aboul the dangers of drug abuse in the workplace, the business's pol icy of
maintaining a drug-free workplace, any available drug counseling, rehabilitalion, and employee
assistance programs, and the penallies that may be imposed upon employees for drug abuse
violations.
3. Give each employee engaged in providing Ihe commodities 'or conlractual selVices thaI are
under bid a COpy of the statement specified in Subsection (1).
,
4. In the st al emenl speci fi ed in sub sect ion ( I ), nOlify t he employees t ha t, as a condi I ion of working
on the commod ities or COnI racl ual services I ha tare und er bid, the employee will abide by the terms
of the stalement and will notify the employer of any conviction of, or plea of guilly Or nolo
contendere to, any violation of Chapl er 89 J (Florida S I alu I es) or of any conlrolled su bstance law
of the Uniled Slates Or any stale, for a violalion occurring in the workplace no laler than five (5)
days after such conviction.
/
5. Impose a sanclion on, or require the salisfaclory participation in a drug abuse assistance or
rehabilitat ion program if such is available in the employee's commu ni I y, or any employee who is
so convicted.
6. Make a good failh effort to COntinu e to maintain a drug - fiee workpla ce t hrou gh i m pi em en I at ion
of tIus section,
As the persoo authorized to sign the slatemenl, I cer1ify that this firm Complies fully wil h Ihe above
requirements.
<D~'1D "Et~
Date
MCPII5 REV. 6/9/
SECTION TWO
BID SPECIFICATIONS
PROJECT:
PREVENTIVE MAINTENANCE SERVICE CONTRACT
KITCHEN REFRIGERATION EQUIPMENT
MONROE COUNTY DETENTION CENTER
550 I COLLEGE ROAD
KEY WEST, FL. 33040
ARTICLE 1. PROPOSAL PACKAGE
Proposals shall be received in the Office of the Director of Purchasing, 5 I 00 College,
Public Service Building, Cross Wing Room 002, Stock Island, Key West, Florida by
AUGUST 24, 1999 at 10:00 am. No proposals will be received after this time.
ARTICLE 2. SCOPE OF WORK
(a) The CONTRACTOR shall furnish all labor and equipment to comply with the
service requirements (ARTICLE 2.c) for the Preventive Maintenance Service Contract for
the Monroe County Detention Center's Kitchen Refrigeration Equipment.
(b) Staffing- The CONTRACTOR will provide qualified personnel required to ensure
the adequate and satisfactory monitoring and performance of the system as required
pursuant to this Agreement or by law. CONTRACTOR may utilize any and all other
additional personnel that may be necessary for the maintenance of the system during
abnom1al or emergency conditions for Monroe County, Florida upon receipt of approval
of such additional personnel by the OWNER.
(c) Service Requirel11ents- The CONTRACTOR shall provide the following services:
1. Preventive Maintenance Progral1l-- The CONTRACTOR will establish and
provide a quarterly preventive maintenance program for all equipment as noted. The
preventive maintenance will be performed as prescribed in the manufacturer's
recommendations and will include, but not be limited to the following:
2-1
a) Check equipment calibration
b) Check equipment operations
c) Check all safety devices for proper operation
d) Check mechanical parts for proper operation
e) Check and clean refrigeration condensers their filters, coils, and fans
f) Clean evaporator coils and drain lines as needed
g) Check and clean cnmpressors and their coils
h) Check systems rel11~crant charges
i) Leak test and check operational parameters prior to putting systems back
. .
In serVIce.
2. Supply of Materials- The CONTRACTOR shall have access to a supply of
all materials, supplies and parts normally necessary for Emergency repairs for all
equipment listed in order for those repairs to be completed within seventy-two
(72) hours of notification by the OWNER.
3. Refrigerant Disposal. The CONTRACTOR will be responsible for the
freon refrigerant evacuation and disposal. The procedures will be performed as
required by any local, state, or federal laws and shall not be billed as an additional
item.
4. Requests for Payment- The CONTRACTOR'S request for payments must
include itemized invoices for each of the costs listed on the Proposal Form. All
materials, supplies and replacement parts shall be of equal or greater quality as the
existing items in use.
5. Documentation of All Services Provided - CONTRACTOR to document
each on-line and on-site service call and furnish OWNER with a copy showing
time, date, and a brief description of activity. Work orders for on-site system
preventive maintenance will list the inspection date, individual to report to,
equipment identification, equipment location, work to be performed, and any
special instructions. All documentation to be submitted to OWNER by
CONTRACTOR with the quarterly invoice for payment.
6. Quality Assurance Program- CONTRACTOR to meet with OWNER on a
semi-annual basis to evaluate system performance and OWNER's satisfaction
with the quality of service that is being provided.
7. Equipment List-See list on next page-"Exhibit C"
2-2
REFRIGERATION EQUIPMENT
Unit Description
Mfg.Name
Model #
Serial #
1 ea Ice Machine Hoshizaki KM1200MRB B235631823569
1 ea Ice Machine Hoshizaki KMI20lDSU
I ea Condensation Unit Hoshizaki N/A N/A
I ea Ice Machine Hoshizaki KM 1200MRB B234 1 7182330 I
lea Ice Machine Scotsman N0550AS-IA N/A
J ea Refi'igerator Traulsen RHT2-32WVT M924270E93
I ea Freezer Traulsen RLT2-32WVT M924280E93
] ea Cooler III Hartford OL4878W6H8SP OW732T-2B
Walk-in,FCU RDT RDA02600 D93E02228
I ea Cooler #2 Hartford OL4878W6H8SP OW732TIB
Walk-in, FCU ROT RDAD2600 D93E02229
lea Cooler #3 Harford DR3478W6H8SP
OW732RT2C
Day Cooler, FCU RDT RDAOIOO DSG03766
I ea Cooler #4 Hartford DL3478W6H8SP OW732T5A
Holding Cooler
FCU ROT RDADI300 DSF04327
FCU ROT ROAD 1300 DSF04334
FCU RDT ROADI300 DSF04333
FCU RDT RDADI300 DSF04325
I ea Freezer III Hartford DL4878W6H8SP OW732T3B
Walk-in Unit FCU ROT RDLE2402 D93E02233
lea Freezer #2 Hartford DL3478W548SP OW732TIC
Walk-in Unit FCU RDT RDLE0901 DSG03819
lea Chiller III Hartford DR3478W4H8SP
OW732TIA
Blast Chiller,FCU
OW732T3A
FCU ROT Custom N/A
lea Chiller #2 Hartford DR3478W4H8SP
OW732T4A
Blast Chiller,FCU
OW732T2A
FCU RDT Custom N/A
lea Rcmotc Unit ROT ROEP4-7 93-6-7-178
Rcfrig Compressor Assembly
I ea J~em(}tc Unit RDT ROEP6-2-2 93-6-2-179
Rcfrig Compressor Assembly
KRELlST DISK
EXHIBIT "e"
(d) Materials and Equipment- Such tools and equipment acquired by the OWNER or
by CONTRACTOR for the OWNER with budgeted funds will remain a part of
the facility upon termination of this Agreement. CONTRACTOR shall take all
steps necessary to preserve and maintain any warranties on any of the tools,
equipment and facility components, and to keep the OWNER informed in a timely
manner of any and all steps taken to preserve and maintain such warranties.
(e) Rules and Visitors- CONTR. \( TOR shall observe the following requirements
during the period of the Preventive Maintenance Service Contract.
1. Observe all rules and regulations for contractors at the Monroe County
Detention Facility, Exhibit B, attached hereto and incorporated as part of
these contract documents.
(f) Maintenance, Repair and Replacement- CONTRACTOR shall, when providing
maintenance or repair services, maintain the equipment in good condition and
repair, including making any and all necessary repairs and replacements consistent
with standard Kitchen Equipment practices. CONTRACTOR shall maintain
equipment in good repair and in a neat, orderly and litter free condition in order to
protect the equipment against deterioration and to maintain the aesthetic quality of
the facility. CONTRACTOR shall correct any material deficiencies, inefficient
operation and maintenance of the equipment throughout the term hereof pursuant
to the provisions hereof for abnormal conditions in Monroe County, Florida. The
OWNER shall have the right to inspect maintenance records maintained by
CONTRACTOR during normal business hours. CONTRACTOR shall maintain
the facility in such a manner as to keep all warranties in full force and shall not
act, or allow any other party to act, so as to interfere with the effectiveness of such
warranties.
(g) Records - CONTRACTOR shall maintain all records related to the operation,
maintenance and repair of the equipment including copies of all governmental
reports and all financial documents. Representatives of the OWNER may review
said records at any time. CONTRACTOR shall maintain said records in
accordance with sound business practices and generally accepted accounting
practices or generally accepted accounting standards adopted by the Government
Accounting Standards Board. Copies of all documentation shall be submitted to
OWNER by CONTRACTOR with the quarterly invoice for payment.
(h) Licenses and Permits- CONTRACTOR shall act in a timely fashion to maintain,
with the OWNER'S assistance, all licenses, permits, and warranties necessary for
the continued operation of the equipment. The O\VNER shall sign and certify
permits in accordance with applicable county, state and federal laws and
regulations.
2-3
(i) Fines and Penalties- CONTRACTOR shall be liable for the following: 1) Any
fines or civil penalties which may be imposed by any governmental or quasi-
governmental agency or body 2) Any judgments or liabilities arising from actions
by non-government or quasi-governmental agencies or bodies for violations of
applicable county, state, and federal laws and regulations arising out of, or
resulting from, the performance of its duties and obligations under this
Agreement, including, without limitation, acts and omissions of the
CONTRACTOR, its employees, agents, officers and subcontractors.
CONTRACTOR shall not be responsible for any fines or civil penalties due to
legal proceedings concluded prior to execution of this Agreement, unless such
fines or civil penalties are the direct result of an act or omission of
CONTRACTOR pursuant to the terms hereof.
ARTICLE 3. SPECIFICATIONS
(a) The specifications contrained herein are considered to be the minimum standards
required. The maintenance and the system shall comply with all applicable
Federal, State, Local codes and ordinances.
(b) The County reserves the right to reject any and all proposals in whole or in part
and to waive any informalities or irregularities in the proposals, determined to be
in the best interest of the citizens of Monroe County.
ARTICLE 4. PERMITS AND LICENSES
The CONTRACTOR shall furnish copies of all current required licenses as a part of this
proposal.
2-4
RULES AND REGULATIONS FOR CONTRACTORS
AT THE MONROE COUNTY DETENTION FACILITY
TOOL CONTROL PLAN
All tools brought into the Monroe County Detention Facility
on Stock Island, Key Wesl Florida for maintenance or repair
work shall be accounted 1.. L at all times.
Contractor's tools must be inventoried and documented when
entering the facility and accounted for when leaving. A copy
of the Monroe County Detention Facility Tool Accountability
Sheet is attached.
Upon entering the facility, a member of the Public Works
Staff will inspect Contractor's tools and add to or delete
from the list' as necessary. When Contractor has completed
his work for for the day, tools must be checked by a member
of the Public Works Staff prior to leaving the facility.
If the Contractor notices that a tool is missing, Public
Works Staff must be notified immediately.
CONTRACTOR ESCORT
When Contractor I s:representa'fi ve is inside this facility, a
member of the Public Works' ~taff must accompany this indiVidu-
al at all times. If. th"e C'ontractor is working in a secure
area which is not accesstble to inmates, the Contractor may
be secured in that area while working.
SMOKING POLICY
This is a nonsmoking facility. Employees and contractors are
not permitted to bring tobacco, cigarettes, cigars, lighters
or matches into the building. I f these items are brought
into this facility, the act is considered to be an Introduc-
tion of Contraband which is punishable by law. The minimum
action that a Contractor may expect from the Monroe County
Sheriff's Office for Introduction of Contraband is to be
permanently barred from future entrance to the facility.
EXHIBIT B
SECTION THREE
CONTRACT
This agreement is set forth as of in the year OCTOBER 13, 1999,
between THE OWNER, WHO IS THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY FLORIDA AND THE FOLLOWING CONTRACTOR:
NAME:
SUB ZERO, INC.
ADDRESS:
6003 Peninsular Street
Key West, Florida 33040
PHONE:
305-294-9243
for the purpose of performing all of the work required by the
Contract Documents for the following Project:
PREVENTIVE MAINTENANCE SERVICE CONTRACT
KITCHEN REFRIGERATION EQUIPMENT
FOR THE MONROE COUNTY DETENTION CENTER
5501 COLLEGE ROAD
KEY WEST, FL. 33040
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS, who are hereafter
referred to as the OWNER and who assumes all duties and responsi-
bilities and has the rights and authority assigned to the OWNER in
the Bid Documents in connection with completion of the Work in
accordance with the Contract Documents.
WITNESSED: That the parties hereto, for the consideration
hereinafter set forth, mutually agree as follows:
3.1 SCOPE OF WORK
The CONTRACTOR shall furnish all labor, materials, equipment,
machinery, tools, apparatus, and transportation and perform all of
the work described in the Specification entitled:
Preventive Maintenance Service Contract
Kitchen Refrigeration Equipment
For the Monroe County Detention Center
5501 College Road
Key West, Florida
3-1
and his bid dated August 20, 1999 attached hereto and incorporated
as part of this contract document, and shall do everything
required by this Contract and other Contract Documents.
3.2 ASSURANCE AGAINST DISCRIMINATION
The CONTRACTOR shall not discriminate against any person on the
basis of race, creed, color, national origin, sex, age, or any
other characteristic or aspect which is not job related, in its
recruiting, hiring, promoting, terminating, or any other area
affecting employment under this agreement or with the provision of
services or goods under this agreement.
3.3 ASSIGNMENT
a) The CONTRACTOR shall not assign this agreement, except in
writing and with the prior written approval of the OWNER and
CONTRACTOR, which approval shall be subject to such conditions
and provisions as the OWNER and CONTRACTOR deem necessary.
This agreement shall be incorporated by reference into any
assignment and any assignee shall comply with all of the
provisions of this agreement. Unless expressly provided for
therein, such approval shall in no manner or event be deemed
to impose any obligation upon the OWNER in addition to the
total agreed-upon price of the services/goods of the CONTRAC-
TOR.
b) CONTRACTOR shall not employ any Subcontractor, Supplier or
other person or organization (including those acceptable to
OWNER) whether initially or as a substitute, against whom
OWNER may have reasonable objection. CONTRACTOR shall not be
required to employ any Subcontractor, Supplier or other person
or organization to furnish to perform any of the Work against
whom CONTRACTOR has reasonable objection.
3.4 COMPLIANCE WITH LAW
In providing all services/goods pursuant to this agreement, the
CONTRACTOR shall abide by all statutes, ordinances, rules and
regulations pertaining to, or regulating the provisions of, such
services, including those now in effect and hereinafter adopted.
Any violation of said statutes, ordinances, rules and regulations
shall constitute a material breach of this agreement and shall
entitle the OWNER to terminate this contract immediately upon
delivery of written notice of termination to the CONTRACTOR.
3 -2
3.5 LABOR, MATERIALS AND EQUIPMENT:
a) CONTRACTOR shall provide competent, suitably qualified
personnel to perform the Work as required by the Contract
Documents. CONTRACTOR shall at all times maintain good disci-
pline and order at the facility. Except in connection with
the safety or protection of persons or the Work or property at
the facility or adjacent thereto, and except as otherwise
indicated in the Contract Documents.
b) All materials and equipment shall be of good quality and new,
except as otherwise provided in the Contract Documents. If
required by the OWNER, CONTRACTOR shall furnish satisfactory
evidence (including reports of required tests) as to the kind
and quality of materials and equipment. Original invoices
will be submitted to the OWNER for reimbursement. All
materials and equipment shall be applied, installed, connect-
ed, erected, used, cleaned and conditioned in accordance with
the instructions of the applicable Supplier except as other-
wise provided in the Contract Documents.
c) The OWNER is tax exempt and reserves the right to purchase
directly various materials and equipment that may be a part of
the CONTRACT. If the OWNER elects to make a particular
purchase, the Director of Facilities Maintenance, Public Works
Division, will act as a purchasing agent for the OWNER. The
OWNER will, via a Purchase Contract, purchase the materials
and equipment, and the Contractor shall assist the Director
of Facilities Maintenance, Public Works Division in the
preparation of these Purchase Contracts.
d)
Independent Contractor Status and Compliance
Immigration Reform and Control Act of 1986.
with
the
At all times and for all purposes under this agreement the
CONTRACTOR is an independent contractor and not an employee of
the OWNER. No statement contained in this agreement shall be
construed so as to find the CONTRACTOR or any of his/her
employees, contractors, servants, or agents to be employees of
the OWNER. The CONTRACTOR acknowledges that it is responsible
for complying with the provisions of the Immigration Reform
and Control Act of 1986, located at 8 U.S.C. Section 1324, et
seq., and regulations relating thereto. Fail ure to comply
with the above provisions of this contract shall be considered
a material breach and shall be grounds for immediate
termination of the contract.
e) The OWNER designates the Director of Facilities Maintenance,
Public Works Division, to function as Contract Manager, who
shall be responsible for enforcing performance of the Contract
3 -3
terms and conditions, serve as liason with the contractor, and
approve all invoices prior to payment.
3.6 SAFETY AND PROTECTION
a) CONTRACTOR shall be responsible for initiating, maintaining
and supervising all safety precautions and programs in
connection with the Work. CONTRACTOR shall take all necessary
precautions for the safety of, and shall provide the necessary
protection to prevent damage, injury or loss to:
7.1 all employees on the Work and other persons and
organizations who may be affected thereby;
7.2 all the Work and materials and equipment to be
incorporated therein, whether in storage on or off the site;
and
7.3 other property at the site or adjacent thereto, including
trees, shrubs, lawns, walks, pavements, roadways, structures,
utilities and underground facilities not designated for
removal, relocation or replacement in the course of
construction.
b) CONTRACTOR shall comply with all applicable Laws and
Regulations of any public body having jurisdiction for the
safety of persons or property or to protect them from damage,
injury or loss; and shall erect and maintain all necessary
safeguards for such safety and protection.
c) The CONTRACTOR shall notify owners of adjacent property and
of underground facilities and utility owners when prosecution
of the Work may affect them, and shall cooperate with them in
the protection, removal, relocation and replacement of their
property. All damage, injury or loss to any property,
directly or indirectly, in whole or in part, by CONTRACTOR,
any subcontractor, supplier or any other person or
organization directly or indirectly employed by any of them
to perform or furnish any of the Work or anyone for whose
acts any of them may be liable, shall be remedied by CONTRAC
TOR (except damage or loss attributable to the acts or
omissions of OWNER or anyone employed by OWNER whose acts may
be liable, and not attributable, directly or indirectly,
in whole or in part, to the fault or negligence of CON
TRACTOR) .
3.7 EMERGENCIES
In emergencies affecting the safety or protection of persons or
the Work or property at the site or adjacent thereto, CONTRACTOR,
without special instruction or authorization from OWNER, is obli-
3 -4
gated to act to prevent threatened damage, injury or loss. CON-
TRACTOR shall give OWNER prompt written notice if CONTRACTOR
believes that any significant changes in the Work or variations
from the Contract Documents have been caused thereby.
3.8 SUSPENSION OF WORK AND TERMINATION
a) OWNER may terminate upon the occurrence of anyone or
more of the following events:
9.1. if CONTRACTOR commences a voluntary case under any
chapter of the Bankruptcy Code (Title 11, United States
Code), as now or hereafter in effect, or if CONTRACTOR
takes any equivalent or similar action by filing a peti-
tion or otherwise under any other federal or state law in
effect at such time relating to the bankruptcy or
insolvency;
9.2. if a petition is filed against CONTRACTOR under any
chapter of the Bankruptcy Code as now or hereafter in
effect at the time of filing, or if a petition is filed
seeking any such equivalent or similar relief against
CONTRACTOR under any other federal or state law in effect
at the time relating to bankruptcy or insolvency;
9.3. if CONTRACTOR makes a general assignment for the benefit
of creditors;
9.4. if a trustee, receiver, custodian, or agent of CONTRACTOR
is appointed under applicable law or under contract,
whose appointment or authority to take charge of property
of CONTRACTOR is for the purpose of enforcing a lien
against such property or for the purpose of general
administration of such property for the benefit of
CONTRACTOR's creditors;
9.5. if CONTRACTOR admits in writing an inability to pay its
debts generally as they become due;
9.6. if CONTRACTOR persistently fails to perform the Work in
accordance with the Contract Documents (including, but
not limited to, failure to supply sufficient skilled
workers or suitable materials or equipment) ;
9.7. if CONTRACTOR disregards Laws or Regulations of any
public body having jurisdiction;
9.8. if CONTRACTOR disregards the authority of OWNER; or
9.9. if CONTRACTOR otherwise violates in any substantial way
any provisions of the Contract Documents.
3 -5
b) OWNER may, after giving CONTRACTOR (and the surety, if there
be one) seven days' written notice and to the extent permitted
by Laws and Regulation, terminate the services of CONTRACTOR,
exclude CONTRACTOR from the site and take possession of the
Work and of all CONTRACTOR's tools, appliance, and machinery
at the site and use the same to the full extent they could be
used by CONTRACTOR (without liability to the CONTRACTOR for
trespass or conversion), incorporate in the Work all materials
and equipment stored at the site or for which OWNER has paid
CONTRACTOR but which are stored elsewhere, and finish the Work
as OWNER may deem expedient. In such case CONTRACTOR shall
not be entitled to receive any further payment until the Work
is finished. If the unpaid balance of the Contract Price
exceeds the direct, indirect and consequential costs of
completing the Work (including but not limited to fees and
charges fo engineers, architects, attorneys and other
professionals and court costs) such excess will be paid to
CONTRACTOR. If such costs exceed such unpaid balance,
CONTRACTOR shall pay the difference to OWNER.
c) Where CONTRACTOR's services have been so terminated by OWNER,
the termination will not affect any rights or remedies of
OWNER against CONTRACTOR the existing or which may thereafter
accrue. Any retention or payment of moneys due CONTRACTOR by
OWNER will not release CONTRACTOR from liability.
d) Upon seven days' written notice to CONTRACTOR, OWNER may,
wi thout cause and without prej udice to any other right or
remedy, elect to abandon the Work and terminate the Agreement.
In such case, CONTRACTOR shall be paid for all Work executed
and any expense sustained plus reasonable termination
expenses, which will include, but not be limited to direct,
indirect, and consequential costs (including, but not limited
to, fees and charges of engineers, architects, attorneys, and
other professionals and court and arbitration costs) .
e) Contractor may stop work or terminate:
If, through no act or fault of CONTRACTOR, the Work is sus-
pended for a period of more than ninety days by OWNER or under
an order of court or other public authority, or OWNER fails to
act on any Application for Payment within a reasonable time
after it is submitted, or OWNER fails to pay CONTRACTOR any
sum finally determined to be due within a reasonable time,
then CONTRACTOR may, upon ninety days' written notice to
OWNER, terminate the Agreement and recover from OWNER payment
for all Work executed and any expense sustained plus
reasonable termination expenses. In addition and in lieu of
terminating the Agreement, if OWNER has failed to act on an
Application for Payment or has failed to make any payment as
aforesaid, CONTRACTOR may upon ninety days' written notice to
OWNER stop the Work until payment of all amounts then due.
3-6
3.9 DISPUTE RESOLUTION
All claims, disputes and other matters in question between OWNER
and CONTRACTOR arising out of, or relating to the Contract Docu-
ments or the breach thereof (except for claims which have been
waived by the making or acceptance of final payment) will be
decided by a Court of Law in the County of Monroe in the State of
Florida. All procedures shall be subj ect to all the standard
practices of civil proceedings of the State of Florida. The
CONTRACTOR shall carryon the Work in accordance with the contract
documents and without delay during disputes and disagreements with
the OWNER.
3.10
TERM OF CONTRACT
This CONTRACT shall be for a twelve (12) month period beginning on
November 1, 1999 and end on October 31, 2000. This CONTRACT term
shall be renewable in accordance with RENEWAL terms as specified
in paragraph 3.11.
3.11
RENEWAL
The Owner shall have the option to renew this agreement after the
first and each succeeding year, for two (2) additional one year
periods. The contract amount agreed to herein may be adjusted
annually in accordance with the percentage change in the most
recent Consumer Price Index for Urban Wage Earners and Clerical
Workers (CPI-W); most recent unadjusted twelve (12) months ending
average for all items. Increases in the contract amount during
each option year period shall be extended into the succeeding
years.
3.12
FUNDING AVAILABILITY
Notwithstanding anything contained elsewhere in this contract,
funds for Facilities Maintenance Detention Facilities Contractual
Services are partially reduced or cannot be obtained or cannot be
continued at a level sufficient to allow for the purchase of the
3-7
services/goods specified herein, this agreement may then be
terminated immediately at the option of the OWNER by written
notice of termination delivered in person or by mail to the
CONTRACTOR. The OWNER shall not be obligated to pay for any
services provided or any equipment purchased by the CONTRACTOR
after the CONTRACTOR has received written notice of termination.
3.13
PROFESSIONAL RESPONSIBILITY
The CONTRACTOR warrants that it is authorized by law to engage in
the performance of the activities encompassed by the project
herein described. The CONTRACTOR shall at all times exercise
independent, professional judgment and shall assume professional
responsibility for the services to be provided. Continued funding
by the OWNER is contingent upon retention of appropriate local,
state, and/or federal certification and/or licensure of
CONTRACTOR.
3.14
NOTICE REQUIREMENT
Any notice required or permitted under this agreement shall be in
writing and hand delivered or mailed, postage prepaid, to the
other party by certified mail, returned receipt requested, to the
following:
FOR OWNER:
FOR CONTRACTOR:
Monroe County Public Works
Facilities Maintenance Dept.
3583 S. Roosevelt Blvd.
Key West, Florida 33040
SUB ZERO, INC.
6003 Peninsular Ave.
Key West, FL. 33040
Attn: Director of Facilities Maint.
3.15
PAYMENT
1) The OWNER shall pay to the CONTRACTOR for the performance of
said service on a per quarterly arrears basis on or before the
30th day of the following month in each three (3) month peri-
ods. The CONTRACTOR shall invoice the OWNER quarterly for the
maintenance and testing performed under the Contract Documents
contained herein. The Contract amount shall be as stated by
the CONTRACTORS proposal as follows:
a . Preventive Maintenance Services per year $1560.00, to be
paid $390.00 per quarter.
3-8
b. Repairs (routine, prior approval required)-Hourly rate for
work not within the scope of preventive maintenance-normal
working hours of 8AM to 5PM Monday through Friday,
excluding holidays--Mechanic $50.00 per hour, Mechanic with
helper $65.00 per hour.
c. Emergency service call-Overtime hourly rate for work not
within the scope of preventive maintenance other than
normal working hours as stated above, including holidays
$75.00 per hour.
d. Handling fee for supplies and replacement parts required
for maintenance, repairs, and emergency service.
Manufacturer's invoice plus 36% (thirty-six percent).
2) Service Call Travel Expenses - The OWNER shall compensate the
CONTRACTOR for travel and per diem expenses at the rates
established by Florida Law (Florida Statue 112.061--SEE ATTACHED
"Exhibit D"). The CONTRACTOR must receive approval from the OWNER
for more than one (1) representative of the CONTRACTOR to be
compensated for travel expenses. Approval from the OWNER must be
received by the CONTRACTOR prior to the travel taking place.
3 . 16 GENERAL
a) The duties and obligations imposed by these General Conditions
and the rights and remedies available hereunder to the parties
hereto, and, in particular but without limitation, the
warranties, guarantees and obligations imposed upon CONTRACTOR
and all of the rights and remedies available to OWNER
thereunder, are in addition to, and are not to be construed in
any way as a limitation of, any rights and remedies available
to either or both of them which are otherwise imposed or
available by Laws or Regulations, by special warranty or
guarantee or by other provisions of the Contract Documents,
and the provisions of this paragraph will be as effective as
if repeated specifically in the Contract Documents in connec-
tion with each particular duty, obligation, right and remedy
to which they apply. All representations, warranties and
quarantees made in the Contract Documents will survive final
payment and termination or completion of the Agreement.
b)
No provision of this agreement or the duty
perform any act required by this Agreement
waived by the waiver of any particular act
breach.
or obligation to
shall be deemed
or occurrence of
c) This writing constitutes the entire expression of the parties
agreement and may not be contradicted, modified, explained or
supplemented by any prior written agreement or oral agreement
or any other prior written or oral communication.
3-9
In witness whereof, the parties hereto have executed this agree-
ment the day and year first above written,
COUNTY OF MONROE, STATE OF
FLORIDA
~~
By
Mayor/Chairman
Attest: DANNY L. KOLHAGE, Clerk
SUB ZERO, INC.
".,:,~: ~':-:~ '-~;,::.;:.....;-::...~...>'~~~-;",..''J::..,~~f'' ;i." .'
BY~~
Attest:
Corporate seal if corporation:
3 - 10
.:
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jt
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.s.
I
F.S. 19~5,
PUBLIC OfFJ~~RS AND ~~PL9YEES; GENE~~L PROVISIQ...NS
Ch. 112
when the Attorney General ruled that such dual retire,
menlS arc rrohlblted by s 122.10(3), as recodified by
lhe Legislature Ifl 1965. shall receive and enJoy tho
retirement henctlts awarded upon retirement. the provl
slons ot s 12210(3) to ttle contrary notWl1hstandmg.
(2) The exceptions granted to state retirees commg
undPr the proviSions of subsection (1) Sl11l1 not apply 10
any state Cf'lployee retiflng subsequent 1, \Jovembcr 1,
1970. and the admmistrator at the FlorIda Retlfement
System is hereby directed to establtsh such rules and
procedures as may be necessary to prohibit such dual
retirements for members of the Floflda Retirement Sys.
tem or any retlfement system consolidated therein pur.
suaflt to s. 121011(2).
Hillory.-s ,. eh 72-202.. 684. en % '.7
112.0515 Retirement or pension rights unaffected
by consolidation or merger of governmental agencies.
It IS hereb\, declared to be the pOlicy of this Slale that
in any consolidation or merger of governments or the
transfer of functions between unlts ot governments
either at the state or local level 01 between state and
local units. the fights of all public employees In any
retirement or penSion fund shall be tully protected. No
consolidation or merger of governments or governmen,
tal services. either state or local. accomplished in this
state shall diminish or impair the rights of any public
employee in any retirement or pension fund or plan
which eXisted at the date of such consolidation or
merger and In which the employee was parliClpaling,
nor shall such consolIdation or merger result In any
Impairment or reduction In benefits or other pension
lIylits accruing to such employee
HlltOry. ::i 1 ;'!l 12-2~O
112.061 Per diem and travel expenses of public
officers, employees, and authorized persons.--
(~) LEGISLA TIVE INTENT.~ There arc Inequities.
(,;e:[1flicts InconSistenCies. and lapsE'S In 'he numerous
laws regulating or attempting to legulatc trilvel
expenses 01 pUblic officers. employees ana authollzed
fJe'sons m !"Ie state. It IS trle Intent of the Legislature:
(3) To remedy same and 10 establish uniform rnaXl,
'IIUM rates and limitatIOns. with certain Justifiable
(:~r.e'Ptlons apfllicable to ali publiC officers. employees,
and author'7ed persons whose travel expenses are paid
hy a pubhc agency.
(0) To preserve the standardization and uniformity
est<ltJllshed by this law:
1 The prOVISions of this section shall prevail over
<lny conflicting ProVISions in a general law. present or
future te: Hie extent of the conflict: l)ul If any such ex:n
cr(j! Idw cor'tallls EI speCifiC exenlp~IOJllr(Jm JrllS SC:Clion.
InCludmg 3 speCIfic reference 10 thiS section, such gr:n
0.rall::!w shall orevaJ/. but only to the extent o' the cxr.mr.
'ion
2 The nrOVISlons of any speCial or local raw. pres,
en' ur 1ulure Ulall prevail Over any confllctlnc; p:nvls!ons
In It liS section. hut only to the exlent 01 the cO:lfIIC!
(2) OErINITIONS.-For the purposes of thiS seCllon.
the lollG'oVlnq words shall have the meanmgs inolr:atc:d:
(a) Agency or publiC agency~Any OttICO. depart,
ment. aqer,C'{. diVISion. sllbdlVISICJI1. pollllcal subdiVISion.
r10;HCI, !)ureau commiSSion. alln'lardy. ,Jislrrc:l ;JUDilc
hody. body politiC. COunly city. town. Village. r'lunlClpal,
Ity. or any other separate unit ot government created
pursuant 10 law
(0) A\,Jency l1ead or head ot the agency~ The
hIghest pollcymaklng authorrty of a public aqency. as
herein detmed.
(c) Oflicer or flubhc officer-An indIvidual who In the
performance ot hiS or her offiCial duties IS vested by law
With sovereign powers of government and who is either
elected by the people. or commiSSioned by the Gover.
nor and has JuriSdiction extending throughout the state,
or any person lawfully serving instead of either of the
foregOIng two classes of individuals as Initial designee
or successor.
(d) Employee or public empfoyee~An indiVidual.
whether commiSSioned or nol. other l"lan an officer or
authorized person as defined herein. who IS filling a reg.
ular or fuJI-time authorized position an::! is responSible
to an agency head.
(e) Aulhortzed person~
1 A person other than a public officer or emplo)'ee
as defmed herein, whether elected or commiSSioned or
not, who is authonzed by an agency head to incur travel
expenses in the performance of officia' duties.
2. A person who IS called upon by an agency to
contribute time and services as consultant or adviser.
3. A person who IS a candidate fcr an executive or
professional position.
(1) Traveler~A public olticer, pubhc employee, or
aulllonzed person, when pertorming authoriZ'2d travel.
(y) Travel expense. traveling expenses, necessary
expenses while traveling. actual expe'lses while travel.
ing, or woros of Similar nature- The usual ordinary and
inCidental expenditures necessarily incurred by a trav.
eler.
(h) Common carrier - Train. bus. corrmercial airline
operating scheduled flights. or ren~al cars of an eSlab,
II shed renlal car frrm
(I) Travel day~A penod ot 24 hours consisting of
tour quarters ot 6 hours each.
(0 Travel penOd-A peflod of time between the
timc ot departure and lime of return.
(k) Class A tf/wel-Continuous travel ot 2-1 houes or
more away from offiCial headquarters
(I) Class B lravel-Contlnuous travel of less than 24
hows which InVOlves overnight absence fr;,'m official
Ileadquarters
(m) Class C lravel- Travel tor short or day tflpS
where the traveler IS not away trom hiS or her offiCial
heddouarters overnlgh~
(n) Forelqn travel- Travel outSide Ire United States
(3) I,UTHCRITY TO II'~CUR TRAV[l EXPENSES.-
(a) I-II !ravel muSl be authori7.ed and aprroved by
the head of the agency. or hiS or her deSignated repre
scntatlvc. from whose funds the traveler is paid. The
head ot the agency shall flat authOrize or approve such
a f0.qucsl unless ;( IS accompanied by a signed state.
ment I)y P'Ie traveler's supervisor stating that such travel
IS on the offiCial bUSiness of the stale and also statmg
the purpose of such travel.
(b) Travel expenses of travelers shall be limited to
those expenses necess<lrtly Incurred by them In the per.
formanC': (:1 H r)~OII'- o"rp:--";c authorl7cd by law (0 be
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827
Ch. 112
.fJUBLlC OFFICERS AND EMfLOYEE~~_GENE~_AVROVISIONS
___._._.~::.s. 1995
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rertormed by lho iJgency and must lJe w,th,n the Ilmlta
tlons prescribed by 1t11S section
(c) Travel by lJubllc officers or employees serving
temrorarlly In behall of another agency or partly In
bchalt of more lhan one agency at the same lime. or
au:honzed persons who are called upon to conTl/bule
time and services as consultants or advlserS'lilV be
aulllOflzed by the agency head. Complete eXlJi.iildllon
and Justification mus1 be shown on the travel exponse
voucher or attached thereto.
(d) Travel expenses of public employees lor the sole
purpose of taking merit system or othor Jab placement
examinations. "mtten or oral, shall not be allowed under
any CIrcumstances. except that upon prior written
approval 01 Ihe agency head. candidates lor execullve
or professional poslllons may be allowed Iravel
expenses pursuant to thiS section.
(e) The agency head. or a designated representa.
tive, may pay by advancement or reimbursement. or a
combination thereof. the costs of per diem of travelers
and authorized persons for foreign travel at the Current
rates as specified in the federal publication
"Standardized Regulations (Gov8rnment Civilians, For.
elgn Areas)' and Incidental expenses as provided In this
secllon.
(f) A traveler who becomes sick or Injured while
away from hiS or her official headquarters and IS there
lore unable to perform the official buslnoss oj the
agency may continue to rece,ve subsistence as pro.
vlDed In subsection (6) Dunng thiS penod 01 Illness or
in;u:y unt,' such tllne as he or she IS able to pertOI~11 the
04ficial bUSiness of the agency or returns to hiS Or tler
offiCial headquarters. whichever is earlier Such sub~lst.
ence may be paid when approved by the agency head.
(Q) The secretary of the Department oj Health and
Retlabilitatrve Services or a deslgf'ee may aulhonze
t~a\'cl expenses Incidental to the re:ldering o! mcellcal
servICes for <lna on behalf :)f cl'ents o~ the Depallment
o~ Health and Rehahilltatlve Services The Depanmcnl
01 Health and Rehabilitative Services may eS!<"lhllsh
ratc~ lower than the maXimum prOVided In this sccllon
for :hese travel expenses
(4) OFFICIAL HEI~DOUARTERS-_ The Official head
quaners of an ohlcer or employee assigned to an office
shali !Jc the Clt)' or lawn In wl~lch the office IS located
except that:
(a) The offl,-liJl headquarters of a person 10ca,crJ In
the field shall be the Clly or lown nearest to rhe area
where the ma)Orrl)' of the person's work IS pcrformc:d or
S!wll othc:r Clt)'. town. or area as may be deSignated by
the agency head prOVided Hlat In all cases such deslo
nilllQn musl be In Hie best Intel(;S~S of the agency an'd
nol for the convenience of the person.
(b) When any state employee IS stationed In any city
or town for a pefiod of over 30 contmuous WOrkdays,
such city or tOWI1 shall be deemed to be the employees
o!1loal headquarters. and he or she shall nOl be allowed
per diem or subslslence, as prOVided in thiS section.
after the said pefiod 01 30 continuous workdays has
elapsed, unless HilS pefiod of time IS extended by tt1e
express approval of the agency head.
(c) A traveler may leave hiS or her assigned post 10
return home ovcrnlgh1. over a weekend. or during a 11011.
-._L___,_.,
day. but ilny time lost 110'T1 regulal duties sl1all be taken
as ilnnlJill leelve Dno authorlzec: 111 ~he USual manner The
~ravcler shall not bl' retnlf)ursed 10' travel expenses In
I'xcess 01 the estab/;sl1ed rille for per diem allowahlo
t'eld he or she remained al hiS or Iler aSSigned post,
However, when a traveler has been temporarily
asslgnc:d away frOM hrs or her offiCial headquarters tor
3n approved pOflod ext8ndlng bevond 30 days, he or
she shall be entl~led to reimbursement for travel
expenses at the establIshed rate of one rOund trip for
each 30-day peflod actually taken to his or her home in
addition to pay and allowances otherwise ProVided.
(5) COMPUTATION OF TRAVEL TIME FOR REIM-
BURSEMENT--For purposes of reimbursement and
melllods of calcula!lng fractional days of travel, the fol.
lowrng pnnclples arc prescribed:
(a) The travel day for Class A travel shall be a calen.
dar day (midnight to midnight). The travel day for Class
B travel shall begin at the same tiMe as the travel period.
For Class A and Class 8 travel. the traveler shall be reim.
bursed one-fourth 01 the authorized rate of per dIem for
each quarter. or fraction thereof, of the travel day
rncluded Within the travel penod Class A and Class B
travel shall Include any assignment on official business
outSide of regular office hours and away from regular
places of employment when it IS considered reasonable
and necessary to stay overnight and for which travel
expenses are approved.
(b) A traveler shall not be reimbursed on a per diem
baSIS lor Class C travel. but sha;1 recClve subSIstence as
prOVided 1/1 (his section. which allowance for meals shall
be l)ased on the follOWing schedule:
1. Breakfast-When travel begins before 6 a.m.
and extenoo; beyond B a.m.
2 Lunch-When travel hegms before 12 noon and
(I>.tenos beyond 2 pm
3 Dinner-When Irave: begins before 6 p.m. and
ex 'ends beyono 8 p.m or when :ravcl Occurs durrng
nlghttlfre hours due :0 spec!al assignment
t\!o aliowance shal be (:'lade for meals when travel IS
confmcd 10 the Clt! C' lown of the :Jff'cial headquarters
or In1medlate v1C1:l11y. excer: assignments o~ official
bUSiness olltside the traveler's regu:ar place of employ,
"lenl If travel expenses are approved.
(6) RATES OF PER DIEM AND SUBSISTENCE
.A.i..LOWANCE-For purposes ot reimbursement rates
and methods of calculatIon. per diem and subsistence
illlow::Jnces are diVided into the following groups and
rates
(a) All travelers shall be all:Jwed for SUbslstel1ce
whell travcilng to a convention or conference or when
tra\'elln0 Within or outSide 111e srale In Order to conduct
bona fide stale bUSiness, which convention, conference,
or bUSiness selves a direct and lawful public purpose
with relalron 10 thp. purJflc agency served by the person
attending such meellng or conducting Such bUSiness.
either oj the iollO'."lng tal each day of such travel a1 the
option oj the traveler
1 rilly dollars per diem. or
2 If actual expenses exceed $50, the Cimounts per.
m/tted rn paragraph (tJ) for meals. plus aClual exrenses
for lodging al a slngle-occupanc\, rate to be subSlantl,
aled IN [lc;icJ I)rlis therefor
828
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F.S.1995
_~U8L1C OFIJCERS A~~MPLQr..EESLGENERAl:_~ROVI.?19NS
Ch.112
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When lodging or meals are provided at a stale Instltu.
tlon. the traveler sl1all be rellllbulsed only for the actual
expenses at such lOdging or rleals. not to exceed the
maximum proVided tOI Ir' this subsection
(b) All travelers shall be allowed the fallowing
amounts lor subSistence while on Class C travel on offi.
clal bUSiness as provided In paragraph (5)(b)
1. Breakfast...... .$3
2 Lunch............ ..$6
3. Dinner.........,.............,.... ..$12
(cj No one, whether traveling out of state or In state,
shall be reimbursed for any meal or lodging Included In
a convention or conference registration fee paid by the
s:ate.
(7) TRANSPORTATION._
(a) All travel must bc by a usually traveled route. In
caso a person travels by an Ind!rect route for hiS or her
own convenience. any extra costs shall be borne by the
traveler and reunbursemenl for oxpenses shall be
based only on such charges as would have been
InCurred by a usually (raveled route The agency hoad
shall deSignate the most economical method of travel for
each tnp, keeping In mind the follOWing conditions:
1 The nature of the business.
2 The most efficient and economical means at
travel (considering time of the traveler, cost of transpor.
tatlon, and per diem or subsistence required).
3. The number of persons making the tnp and the
amount of equipment 0' material to be transported.
(b) The Departrnen: of Banking and Finance may
proVIde any form 11 deems n~c:essary to cover travel
reauests for traveling 011 ofr,cial busmess and when paid
by the stale
(c) TransportakJn by common carrier when travel.
mg on otflciallJusincss and paid for personally by ttle
traveler, shall be SJbstantlCl!ed by a receipt therefor,
Federal tax shall pat be reirr.bursable to tile traveler
unless Ihe state and 01"1er aubllc agenCies arc also
rCQUlred by ~(?de!al law to pay such tax. In the event
Ira'1SPOrtatlon other than the most econOmical class as
Clpproved by the agency head IS provloc:J by a commo,-,
CClff/C?r on Cl flight check or Credit card. Hle Charges In
excess of the mOSl eC0"1omlcal class shall be refunded
Oy the traveler to the aqerlcy charged with fhe transpor,
:atlon rrOvlded In :hls manner
(d)1 The use of prrvalely owned vetl:cles lor official
lravelln lieu of publicly owned vch:cles or common cam.
ers may be autrlorr7ed by the agency head. Whenever
travel IS by prrvatcly owned veh:cle. the travcler shall be
entitled to (l mileage allowance at a fixed rate of 25 cents
per mile tor state fiscal year 1994.1995 and 29 cent s per
r.lde thereafter or the common carller farc for such
!ravel. as drlelt1!lnpd 1:;)' Hle agercy head. Reimburse.
ment tor cxpendl!urcs related to the operation, malnte
nance. and ownership of a vehde shall not be allowed
when privately owned vehicles arc used on publiC bUSl'
ness and rClmbursemem IS made pursuant lo thiS Dara.
graph except as prOVided In Subsection (8)
2. All rllJleage shall be shown from rOlnt of Of/gin to
POint 01 destination and. when POSSible, shall be com.
puted on the baSIS of the current map of the DOpilltment
of 1 ransportaliOIl. ViCilllty miletlye noCessary lor the
COnduc( at official buslfless is allowable but must be
shown <lS a separ<l!e lIem on the expense voucher
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(e) Trdllsp:xtatlon by c~artcred vehicles when trav,
cling 011 offiCial tJUSllleSs may lJe authorlled bj' the
agency head I'.'nell necessary or Wllere It IS to the
advantage of !tIe agenCy. prOVided the cost of such
transporlatlon does not exceed ttle cost of tranSPorla,
tlon by prlvatel\' owned vGhlcle pursuant to paragraph
(d)
(1) The agerlcy head may grilnt monthly allowances
in frxed amounts for use of prrvately Owned automobiles
on offiCial bUSiness In lIeu of the mileage rate prOVided
in paragraph (c). Allowances granted pursuant to this
paragraph shalf be reasonable. taking Into account the
customary use of the aUlo:noblle, the roads customarily
traveled, and wllether any of the expenses incident to
the operation. maintenance. and ownershir of the auto-
mobile are paio tram funds of the agency or other public
funds. Such allowance n1ay be changed at any time. and
shall be made on the baSIS of a Signed statement of the
traveler, filed be10re the allowancCl IS granted or
changed. and at least annually thereafter. The state-
ment shall show the places and distances for an aver-
age tYPical monlh's travel on offiCial bUSiness. and the
amounl that would be allowed under the approvod rate
per mile for the travel shown In the statement, if pay.
ment had been made pursuant to paragraph (d).
(g) No contract may be entered Into between a pub,
lic officer or employee, 0: any other person, and a public
agency, Hl which a depreCiation allowance IS used in
computmg the amount due by the agency to the indlvid.
!Jill !or the use of a prrva:ci\' owned vehicle on of1lcial
bUSiness: provioed, any such eXisting contract shall not
be Impaired
(h) No traveler shall be allowed either mileage or
transport<ltlon expense when gratuitously transported
by another pers0n or when transportee! by another trav.
eler who IS ertltled to rlileage or transporlation
expense However, il trave:er on ;] prrvate aircraft shall
be reimbursed the actua, arl:Junl charged nnd paid for
ltle filre for sucr. trilnsportatlon up to the cost of a com,
me~r:lill alrlllle (Ickel lor the same flight. p.vcn though the
ollvncr Cr pll:Jt 0' such alrcrnft IS also entltleo to transpor.
tation expense br the Si:lrre fllQhl under th's subsection
(8' OTHEFl EXPENSES-
(il) The fOlkwvlng IfIClGentill travel r.xpenses 01 the
traveler may be relmbursr;a
1 Taxi fare
2. Ferry fares and bridge road, and tunnel ~olls
3 Storage or p,H~rng fees
4 Communlcallon er,pensc
5 Conven'::)n reglstralion fee willie atlcndlnq a
COr1\'enllon or con!errllce \,,'hICI', WliI ser\'e 2 direct putJlic
purpose willi :c!atlon to Ih;:; PUDUC 2C;Cr:c\, served by !tIe
person attending sucll rneetG1gs A traveler may be
relmoursed (he actual ana neceSSary fees for attenolng
events which arc not IncluGed In 8 baSIC registration fee
that directly enhance Ihe putiLc purpose: of the partiCI.
patlan 01 !tIC agency III the conirrer'cc Such expenses
may Include but not oe Ilmltec 10 banouets and other
meal functions. I! shall be the: lespOnSIOI!lty of the trav,
eler to substantiate thaI Hie ch;uges were rroper and
necess:Jry However. any meals or lOdging Included in
tile reglstrilllOIl fep. WIll be deducted In Clccordance With
tile ailownnr:e', p:o\'ldc(1 If' SU!_;~;('C'I", ,:6)
829
Ch. 112
___~BLlC OFFICERS AND EMPlOY~~~~Q~NE:RAL PROVISIO_N~__ ____ F.S.1995
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(hi ()lher expenses which die 110t spec.flcally
8u!t'orl;'E'd bv this section mav oe approved by the
C el'cl li:lent of Bdl'klng ilnd Finance pursuanl :0 rules
,l,li1;)l()cj by II Ex:pcnses approved fiurSlJanl to thiS p:lra-
g! arl) Shil/I be reported by the Department 01 Bankrng
a'ld f'!nance to the Audllor General annuallv
(9) RULES AND REGULATIONS -
(31 Tne Department of Banklr:; and FlI1ance shall
p'ornulgate such rules and regu, "S. includrng, but
not limited to. :he general cfllella 10 oe used by a state
anency to predetermme JustificatIon for attenoance by
state officers and employees and au:hollzed persons at
conventions and conferonces, and prescribe such farms
as may be necessary to effectuate the purposes of thiS
St::cllon. The department may also adopt rules prescrib,
inq the proper diSPosition and use cl promotional/terns
and relJates offered by common r:ilrrrr.rs and other entl'
tiCS 111 conneclion With travel at publiC expense: how,
ever. belore adopting such rules. :hc department shall
consult with the appropriation committees of the legis.
la1ui0.
(b) Each stale agency shall promulgate such addi,
tionn: specific rules and regulatlor.s and specific cnteria
to oe used by It to predetermine Justification for attend,
ance by state officms and employees and authoflzed
p€'sons at conven:lons and conferences, not in conflict
with the rules and regulations of the Department of
Banking and FInance or with the gene~al cntena to be
used by a state agency to predetermine Justllicalion for
attenJance by state officers and employees and author,
Ilcd persons at conventions. as may be necessary to
efh~c1 uato the purposes of this section
(WI FRAUDULENT CLAIMS-Claims subml!lcd pur
$U;wt to this section shall not be leqUired te be sworn
~o I)olore il notarv nlJblir: or other oflicer authonZe(1 to
adrnlr,ister oaths but any clR/m authollled or reqUired
to be made under any nrovi~/on of thiS section shall con.
tal[' (; statement thilt the expenses were actually
In(;urr,~cf l)y ~hc :r;:'Jcler as I~eccssar\' lravel expenses In
tfle p(!rtormance Of official dlltles ana shall be vellheo
I)y ,J vmllen declaration lt1ill It is true and COlrect as to
every matenal malter, and ilny person wllo wtlltully
IT~a':e~; and subscr:I)(~s any such c:lallT' which he or she
does r lot believe ta oe true and ccrrcr:t as to every mate-
lIal {'IClller. or Wl10 wdfully a:os or assists in. or procures.
cour1sels. or a<.Jv'scs the prepari!tio'1 or nresenlatlon
IJnc(~r the ProVISIons 01 Ihls seCt,on oj a claim which IS
fraudulent or IS false as :0 any malellal mattr.r. whether
:;r nJl such falsitv 01 fraud is with the knowledge or con
;cn' of the persor au1hurlLed or required 10 present
;uel) (Ialrl. IS gUII;v of a Illisaer'1eanor of the second
-;e<;;'('(" punlshiltJ!C 3S provicej In s. 775.082 or s.
'750(U \'Vhoo\'er ~,hali receive :J:l allowC1r',ce or r('lm
I;Uf>r"men! by mr.,ln'~ of a j;:lIse clarrll shall be clvil/}' tlable
,r, th,:, amount ot the ovcrpayment tor the reimbursement
of the DUblic fund lrom which the Claim was paid
(11 ) TRAVEL ALJTHORI7A TION AND VOUCHER
, OF:rv1~;-
(a Aulllo;iZallOl1 fOf/ns-Tlw Department of f3ank.
IllY dlC Flllancc shall furnish a uniform travel aulhoriza,
ton '('(J.uest form wtw-:h sh:lli rJe used by all state officers
<Hl0 C~mnloyees and ;:HJthomcd persons when request,
ing appoval for 1he pcrtornlance of travel to a convcn
tlon ur conleronce The form shall tnclu<.Je, but nol be Iim-
itoc1lo. prOVISion tor tile name 01 each traveler. purpose
01 tr;Jvr.l, period 01 I'avel. l1S1,mated cas 1 to the slate.
and a slalemcnl 01 benefits accruing 10 the state by Vir,
lue ot suCtl travel A cony 01 the proqram or agenda of
the convention or conference. Itemizing regIstratIon lees
and any meals or lodging meluded In the registration lee,
shall be allached to. and filed With. the copy of the travel
aulllofllatlon reauesl form on tile with tlie agency, The
form shall be slqned by the traveler and by the traveler's
supervisor statinq that the travel is to be incurred in con.
nection with offiCial busli1ess 01 the stale. The head of
the agency or hiS or her deSIgnated representative shall
not authoflle or approve suCh request in tho absence
of the appropriate signatures. A copy 01 the travel autho.
flzalion form shall be attached to. and become a part of,
the support of lhe agency's copy of the travel voucher.
(b) Voucher ;orms-
1 The Department of Bankmg and Finance shall
furnish a uni10rm travel voucher form which shall be
used by all state officers and employoes and authoflzed
persons when submitting travel expense statements for
approval and payment. No travel expense statement
shall be approvea for payment by the Comptroller
unless made on the form prescflbed and furnished by
the ;jopartment. The travel voucher form shall prOVide
lor. among other things, the purpose of the offiCial travel
and a certification or affirmation. to be signed by the
traveler, Indicatmg tne truth and correctness of the claim
in every material matter. that the travel expenses were
actually Incurred by :hc traveler as necessary In the per,
formance of offlCl8' duties. that pe~ diem claimed has
been appropnately reduced for any meals or lodging
included in the convention or conference regIstration
fees r.laimea by the traveler. and that tho vour.her con-
forms in every respect With the requirements of this scc.
tion. The onginal copy of Ihe executed uniform travel
authori7ation reQues: form shall be attached to the unl'
lorm 1ravel voucher on frle With the respective agenc,.
?. StatelT'enls ~ollravel expenses lI)crdental to thc
fCrGr.f1ng of medical services for and on behalf 01 clients
of 1110 Department o~ H9alth and Rehabilitative ServlCCS
shall be on forms approveo by the Department of Bank,
tnq ana rinance.
(12) ADVANCEI,~ENTS-Notwithstandlf1g any of the
foregOing res!nCllons and Iiml:atrons. an agency head
mal' make. or au(l10rlze the making of. advances to
cover antlcipa!eo costs of travcl to travelers Such
ilr1vancements Inay Include the costs of subSistence
and travel of any person1ransported In the carr. nr cus'
tooy of Itle traveler In the performilncc: of hiS or her
duties.
(~3) DiRECT Pi->. YMEfH Of' EXPH-..!SES BY AGEr-..!cY.
Whel10ver iln ilgen(;y rel1Ulres 8n employee 10 Incur
olther Class A 0' Crass B travel on emergency n011ce to
1he traveler, such traveler may request the agency 10
pay his or her exrc:nscs for meals and lodgmg directly
to the vendor, anc the ?gency may pay 1he vendor the
actual expense~: 101 meals ana looqlng during the travel
perIod. limited 1(1 an amount not to exceed that author,
iLed purSLJiln1 10 thiS seclion. in emergency situations.
the aqcncy heao may aultlorlle an mcrease m the
amou~l pi:lId fOI a specdlc meal, prOVided that the total
830
F~~19_~L __ _P~~J2FF'CERS AN_D EMPlOY~E_~GENEA~~PROVISrONS__
daily cost of meals docs not excecd the total amount
authonzed for meals each day. The agency head or hiS
or her deSignee may also grant prior apprOval for a state
agency to make direct payments of travel eXPfnlSes In
other SlluatJons that result In cost savings to the State.
and such cosl savings stlall be dOCumrnted In the
VOucher submilted to lhe Comr>trolJer for the direct pay.
ment of travel expenses The provISIons of thiS subsec.
tlon shall not be deemed to apply to any leglsu:,'1 or to
any employee of either house of the Legislature or of the
Jam: Legislative Management Commillee.
HlttOty._.~ 1.3.r.~ 22830 1945... 1.2.3.en 23832.1941.$5.1.3.eh 25040.
19A~. $S. 1.3. Cll. 26910 1!151;. 1. eh. 283:lJ.1953., I. ell 29628. 1~!.I. '.1. r..h.
57 /3(;. ,. 1. eh 61-183.. 1. ch. 61-43;. 1. el.. 63-~... 1. r.n 63-192.. 1. eh
63,122 · 1. cn U3-~OO' 'S 2.3 m 61-371; M 1.2. r.h. GI-22Q6:c 1. eh 69-193;
s 1. cto 6(}..J.91; ss 12.23.31.35. eh. 69-106:. 65. eh. 71-136:. 1. cI1 77..213;
· , C<c 1?-211 , I r..n 72 32~ 5.26 eh. 72-404... 1. eh 13.169; < 1. ctl. 7..15:
S l.e' 74-2.6"., en 1.-365.. 1.2.e~.75_3J:.. 1.eI.76-1G6..2eh.I6-208;
55.1.2 tho 76 ~,~ S. 1. ct. 77,17... 1. ct> 77-231; os 1. 2. r.~ 17-437. s.~. ell.
18-;15 , !.It el: 1~-190., ' el, 79-205; 5 1. ct. 79303. S. 1. r.h :9-41? '5. ,
/.en 51 ;01..5 ~.2Ch6J-3Gls. 1.r.' 85,140.. l.ch 6/-1.01,. cIo.8I1 7.15.
:; :2. ::tl R9-~/91. ~ 18. Ch 91-<~. (. 1. cr. ~~1.39; s_ 1403. ch 9S-10:/ s 26. ch
95-3'2
112.062 Cabinet members; educational and infor-
mational travel expenS8S.-When he or she deems if
necessary In order to carry out an official function of
office, a member of the Cabinet may incur and be reim.
bursed for travel expenses pursuant to s. 112.061 for the
purpose of educating and informing lhe pUblic as to the
Cabinet member's official dutres.
HiaIOfy._, 1 CII.IlO-<'12. & 68~. ct: 9~.!(7
112.063 Reimbursement of COunty employees for
educational expenses.-Count~' constitutional officers
anc county commissioners arc authorized to reimburse
employees for educational expenses. subject to thc fol-
lOWing conditions:
(1) The COursework muSl be deSIgned to enhance
the knowledge, skills, ana abilities relating to official
duties wt11ch the employees perform
(2) The reimbursemenr of eaucatlonal exr>enses in
rlO way obligates fhe officer or commiSSioner to grant
time off or leave for tho taKmg Or completion of such
COurse Of program of Instruclton
(3: An employee shall not be permitted to ulillze any
space. personnel, CQulpment, Or Supplies of the office
by which he or she is employed in the process of fulfilling
any at the requirements Imposed by the cOUlSework for
whlC'l he or she is being reimbursed.
(4) The ilrr"lCitions conlalned In subsections (1 )-(3)
shall not he construed to apply to any courses offered
b~' or as a Dar! of an educational program Sponsored by
any stale <lgency for which the Constitutional officer or
commlssioncr IS obligated to perform dulies prescribed
by law, or any educalton21 program Conducted in fur.
therance 01 s. 195002. if Such limitations did not exist
rmor to Jul y 1, 1990
No!hlnq If' thiS srctlon shall be Construed as prohibiting
erT:ployees from receiving otherwise aulhori71~d per
diem expenses prOVided for by s. t12.061 nor shall 11 br
construed as prohibiting the payment of waqes 01l1er
wise due ur'cier th(" prOVisions of stale Or fceleral law
Hi. tory. ~ ,~I, !f)-8(1 S (.H~; Cll 9J-ltf7
112.08 Group insurance for pUblic ofllcers,
employees, llnd certain volunteers; physical examina-
tions.-
831
Ch. 112
(1) As used In thiS section. the (erm 'local gOvern.
men1;)1 Ulli! mea'lS anI' ca,m:~,. mUIlICrpah1y. community
colleqe (Jlstr lei. SChoo: tJOard. or speCial dlstrlCl or any
county oHlcer Ilsteu In S 1(j) An VIII of the Statr Con.
Slilullon.
(2)(a) E vcry local governmentnl unit IS aulhoTlZed to
proVide and pay oul oi Its available funds for all or part
of the premium for Ide, heallt). accidtm1. hOSPitalization.
legal expense, or annuity Insurance, or all or any kinds
of Such inSurance. tor the officers and employees of the
local governmental uni: and for health, aCcjdent, hosp;-
talrzatJon, and lega! expense insurance tor the depen.
dents of such officers and employees upon a group
insurance plan and. to that end. to enter into contracts
with Insurance companies or professional administra_
tors to prOVide such Insurance. Before entering any con,
tracl for Insurance. lhe 10CC'li governmental unit Shall
adverlise for competitive bids; and Such contract shall
be let upon the basis of such bids. However. the local
governmental unit may undertake SImultaneous negotia,
lions with those companies which have Submitted rea.
sonable and timely bids and arc found by the local gov-
ernmental unit to be fully qualified and capable of meet-
ing all servIcing reqUirements. Each focal governmental
unit may self-Insure any plan tor heallll. accdent. and
hospitalization coverage or enter into a risk manago-
ment conSortium to prOVide such coverage. Subject to
approval based on actuaTlal soundness by the Depart.
ment of Insurance: and each shalt contract With an insur,
ance company or profeSSional adminIstrator qualified
and approved by 1ho Depanment of Insurarlcc to admrn.
ISler such a plan
(b) In order 10 obtain approval from the Department
of Insurance or any self-Insured plan for heallh, acci,
dent, and hOspitalization coverage. each local govern.
mental unit or consortrum Shall submit its plan along with
a certificatIon as to the aCluanal soundness of the plan,
which certification IS prepared by an actuary who is a
member of the Society 0; Actuaries or the American
Academy oj Actuaries The Department of Insurance
shall nOl approve the plan unless It determines that rhe
plan IS deSigned to prOVide suffiCient revenues to pay
Currenl and luture liabilities as determlnej according to
generally accepted ac!uanal prmClples. After IInplemen.
lalion 0' 8'1 npproved plan, eacn local governmental unit
or consortium shall annual/}' submit to the Department
of Insurance a repon which Includes a statement pre.
pared by an actuary who IS il membcr of lhe Society at
ActuaTles or the Amencan Academy of Actuaries as to
the aCluaflal Soundness of the plan. The repon is due
90 days atter the close of :he fiscal year 0; the pian The
report shall conSist c1, but IS 1'01 111ll1!ed to
1 The adequacy of contribution rilles In mee111lQ
the level of benefits provJdec and lhe C'langes. If ally,
needed In the conlributlon fales to achieve or preserve
a level of funding deerlleo adequale to enable payment
of the benefit amounts provloC'd under thr: plan and a
valuallor1 of present assets. based on statement value,
and prospec!ive assets and liabilities of the plan ana the
extent of any unfunded accrued Ilabllilies
2. A plan 10 amOrtlle any unfundco liabilities and a
descrrptlOn at actlOlls lak0.n 10 reduce unfunded Ilahill-
ties
WORKERS' COM PENSATION
INSURANCE REQUIREMENTS
FOR
CONTRACT
BETWEEN
MONROE COllNTY, FLORIDA
AND
Prior to the commencement of work governed by this contract, the Contractor shall obtain
Workers' Compensation Insurance with limits sutlicient to respond to Florida Statute
440.
In addition, the Contractor shall obtain Employers' Liability Insurance with limits of not
less than:
$100,000 Bodily h~ury by Accident
$500,000 Bodily Injury by Disease, policy limits
$100,000 Bodily Injury by Disease, each employee
Coverage shall be maintained throughout the entire tenn of the contract.
Coverage shall be provided by a company or companies authorized to transact business in
the state of Florida.
If the Contractor has been approved by the Florida's Department of Labor, as an
authorized self-insurer, the County shall recognize and honor the Contractor's status. The
Contractor may be required to submit a Letter of Authorization issued by the Department
of Labor and a Certificate of Insurance, providing details on the Contractor's Excess
Insurance Program.
If the Contractor Participates in a self-insurance fund, a Certificate of Insurance will be
required. In addition, the Contractor may be required to submit updated financial
statements from the fund upon request from the County.
wel
GENERAL LIABILITY
INSURANCE REQUIREMENTS
FOR
CONTRACT
BETWEEN
MONROE COUNTY, FLORIDA
AND
Prior to the commencement of work governed by this contract, the Contractor shall obtain
General Liability Insurance. Coverage shall be maintained throughout the life of the
contract and include, as a minimum
· Premises Operations
· Products and Completed Operations
· Blanket Contractual Liability
· Personal Injury Liability
· Expanded Definition of Property Damage
The minimum limits acceptable shall be:
$300,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$100,000 per Person
$300,000 per Occurrence
$ 50,000 Property Damage
An Occurrence Form policy is preferred. If coverage is provided on a Claims Made
policy, its provisions should include coverage for claims filed on or after the effective
date of this contract. In addition, the period for which claims may be reported should
extend for a minimum oftwclve (12) months following the acceptance of work by the
County.
The Monroe County Board of County Commissioners shall be named as Additional
Insured on all policies issued to satisfy the above requirements.
GLI
VEIIICLI<: LIABILITY
INSURANCE REQUIREMENTS
FOR
CONTRACT
BETWEEN
MONROE COllNTY, FLORIDA
AND
Recognizing that the work governed by this contract requires the use of vehicles, the
Contractor, prior to the comlllencement of work, shall obtain Vehicle Liability Insurance.
Coverage shall be maintained throughout the life of the contract and include, as a
minimum, liability coverage for:
· Owned, Non-Owned, and Hired Vehicles
The minimum limits acceptable shall be:
$100,000 Combined Single Limit (CSL)
Ifsplit limits are provided, the minimum limits acceptable shall be:
$ 50,000 per Person
$100,000 per Occurrence
$ 25,000 Property Damage
The Monroe County Board of County Commissioners shall be named as Additional
Insured on all policies issued to satisfy the above requirements.
VLI
April 211. 19'J6
MONROE COUNTY, FLORIDA
RISK MANAGEMENT
POLICY AND PROCEDURES
CONTRACT ADMINISTRATION
MANUAL
Introduction
to
Other COl1[llctors and Subcontrclctors
Section
This section of the manual will apply to Vendors and Contractors supplying goods or services to
the County which are not in connection with a construction project. The insurance requirements
for Agreements/Contracts which supply goods or services associated with construction projects
should be governed by the Constnlction Contractors section of this manual. The types and
amounts of insurance will be determined based on the type of service or goods provided and the
projected payment to the Vendor. The fact that the funds used to pay for the goods or services
were obtained from Federal, State, or other grants is not material.
A special matri>s of for this section has been developed to assist in the establishment oCthe proper
insurance coverages and limits.
As a general rule, all agreements will include as a minimum:
· Indemnification and Hold Harmless Provisions
· General Insurance Requirements
· Workers' Compensation Provisions
· General Liability Provisions
and
· Vehicle Liability Provisions
Qucstions should be directed to Risk Managcment at OOS) 292-4542
^dmllll~I;lllvC 111~lr\l(1101l
11470').2
1.1
Apnl 10. 1'1')(,
nlSk: 1\1:\ NAG E1\1 ENT
POLICY AND PI{OCEDlIIH~S
CONTRACT ADMINISTRATION
MANUAL
General Insurance Requirements
for
Other COlltr:lclors and Subcontractors
As a pre-requisite of the work governed, or the goods supplied under this contract (includinn the
pre-staging of personnel and material), the Contractor shall obtain, at his/her Own expense, 0
insurance as specifIed in any attached schedules, which are made part of this contract. The
Contractor will ensure (hat the insurance obtained will extend protection to all Subcontractors
engaged by the Contractor As an altClI1allVC, the Conlractor may require all Subcontractors to
obtain insurance consistent \vith the attached schedules
The Contractor will not be permitted to commence work governed by this contract (including pre-
staging of personnel and material) until satisfactory evidence of the required insurance has been'
furnished to the County as specified below. Delays in the commencement of work, resulting from
the failure of theTontractor to provide satisfactory evidence of the required insurance, shall not
extend deadlines specified in this contract and any penalties and failure to perform assessments
shall be imposed as if the work commenced on the specified date and time, except for the
Contractor's failure to provide satisfactory evidence.
The Contractor shal/maintain the required insurance throughout the entire term of this contract
and any extensions specified in the attached schedules Failure to comply with this provision may
result in the immediate suspension of all work until the required insurance has been reinstated or
replaced Delays in rhe completion of work resulting from the failure of the Contractor to
maintain the required insurance shall not extend deadlines specified in this contract and any
penaltics and failure to perform assessmcnts shall be imposed as if the work had not been
suspended, excepl for the Contractor's failure 10 maintain the required insurance.
The Contractor shall provide, (0 tile County, as satisfactory evidence of the required insurance,
cither
· Certificate of Insurance
or
· A Certified copy of the actual insurance policy
The COllnty, at its sole Option, has the right to requcst a certificd copy of any or all insurance
policies required by this contract
All insurance policies must specify that they are not subject to cancellation, non-renewal, material
change, or reduction in coverage unless a minimum oftl1irty (30) days prior notification is given
to the County by the insurer.
The acceptance and/or approval of the Contractor's insurance shall not be construed as relieving
the COlltractor frol11 any liability or obligation assumed under this contract or imposed by law.
l\.II1I1I11:-;"'(I\'<: IIISI'"<..I"'II
lI-r/u'J !.
I~
t\pci120, 1'196
The Monroe County Board of County Commissioners, its employees and officials will be included
as "Additional Insured" on all policies, except for Workers' Compensation
Any deviations from these General Insurance Requirements must be requested in writing on the
. . County prepared form entitled "Request for Waiver of Insurance Requirements" ahd approved
by Monroe County Risk Management.
^UIllIJ1Js(alll'c Im;(l1lcl;on
1147(J') ?
15
April 20. 19<)6
MONROE COUNTY, FLORIDA
INSlJRANCE CHECKLIST
FOR
VENDORS SlJBMITTING PROPOSALS
FOR WORK
To assist in the development of your proposal, the insurance coverages marked with an "X" will
be required in the event an award is made to your firm. Please review this fonn with your
insurance agent and have him/her sign it in the place provided. It is also required that the bidder
sign the form and submit it with each proposal
WORKERS' COMPENSATION
AND
EMPLOYERS'LIABILITY
WCI
WC2
WC3
WCUSLH
x
X
Workers' Compensation
Employers Liability
Employers Liability
Employers Liability
US Longshoremen &
Harbor Workers Act
Federal Jones Act
Statutory Limits
$100,000/$500,000/$100,000
$ 500, 000/$500, 000/$500, 000
$1,000,000/$1,000,000/$1,000,000
Same as Employers'
Liability
Same as Employers'
Liability
\VeJA
INSCKLST
^dlllllllstall\'c IIISlrllcll(\1I
IiA7()IJ.2
4
1996 Edition
GENERAL LIABILITY
As a minimum, the required general liability coverages will include:
. Premises Operations
. Blanket Contractual
. Expanded Definition
of Property Dan1age
Products and Completed Operations
Personal Injury
.
.
Required Limits:
GLl
x
$100,000 per Person; $300,000 per Occurrence
$50,000 Property Damage
or
$300,000 Combined Single Limit
$250,000 per Person; $500,000 per Occurrence
$50,000 Property Damage
or
$500,000 Combined Single Limit
$500,000 per Person; $1,000,000 per Occurrence
$100,000 Property Damage
or
$1,000,000 Combined Single Limit
$5,000,000 Combined Single Limit
GL2
GL3
GL4
Required Endorsement:
GLXCU
GLLIQ
GLS
Underground, Explosion and Collapse (XCU)
Liquor Liability
Security Services
All endorsements are required to have the same limits as the basic policy.
INSCKLST
Administration Instruction
#4709.2
5
.o\pril :20. 1996
VEHICLE LIABILITY
As a minimum, coverage should extend to liability for:
· Owned; Non-owned; and Hired Vehicles
Required Limits
VLI
y
.
VL~
VL3
13RI
t\1VC
PROI
PRO~
PR03
POll
POL2
POL3
EDI
EDl ---
GKI -~
GK2 --
GK3
^Jminislall\'c InslfllClJoII
/j.:j7(1').2
$50,000 p\'1 Person: $100,000 per Occurrence
$25,000 Property Damage
or
$100,000 Combined Single Limit
$ J 00,000 per Person; $300,000 per Occurrence
$50,000 Property Damage
or
$300,000 Combined Single Limit
$500,000 per Person; $1,000,000 per Occurrence
$100,000 Property Damage
or
$1,000,000 Combined Single Limit
MISCELLANEOUS COVERAGES
Builders'
Risk
Limits equal to the
completed project.
Motor Truck
Cargo
Limits equal to the maximum
value of anyone shipment.
Professional
Liability
$ 250,000 per Occurrence/$ 500,000 Agg.
$ 500,000 per Occurrence/$l ,000,000 Agg.
$1,000,000 per Occurrence/$2,000,000 Agg.
$ 500,000 per Occurrence/$I ,000,000 Agg.
$1,000,000 per Occurrence/$2,000,000 Agg.
$5,000,000 per Occurrence/$I 0,000,000 Agg.
$ 10,000
$100,000
$ 300,000 ($ 25,000 per Veh)
$ 500,000 ($100,000 per Veh)
$1,000,000 ($250,000 per Veh)
INSCKLST
Pollution
Liability
Employee
Dishonesty
Garage
Keepers
(,
April 2C1. 1996
MEDI Medical $ 500,000/$ 1,000,000 Agg.
MED2 Professional $1,000,000/$ 3,000,000 Agg.
MED3 $5,000,000/$10,000,000 Agg.
IF Installation Maximum value of Equipment
Floater Installed
VLPI Hazardous $ 300,000 (Requires MCS-90)
VLP2 Cargo $ 500,000 (Requires MCS-90)
VLP3 Transporl II $1,000,000 (Requires MCS-90)
BLL Bailee Liab Maximum Vallie of Property
HKLI Hangarkeepers $ 300,000
HKL2 Liability $ 500,000
HKL3 $ 1,000.000
AIRI Aircraft $25,000,000
AIR2 Liability $ 1,000,000
AIR3 $ 1,000,000
AEOI Architects Errors $ 250,000 per Occurrence/$ 500,000 Agg.
AE02 & Omissions $ 500,000 per Occurrence!$) ,000,000 Agg
AB03 $ 1,000,000 per Occurrence/$3,000,000 Agg
INSCKLST
^dll1l1l1sl;III\'<: IlIslrllclioll
II'UII') 2
7
Aug-20-99 11:12A
FROi" :
PKlr>E NO. 30S 294 1359
P.Ol
A~9. 2C 1999 10:5eAM PI
1\fIn11u. I '/'X>
INSllR.~~E AGENT'S STATJ::ME1\T
1 11,IVe ICvlewed he above requirements with the bidder named below rhe fcliowing dcduClibJes
applY to the corresponding policy :
POLlCY
Ascl~
DEDUCTlBlEjs
B-
--
,
!
LiabililY policies are ~OCCUTrencc _ Claims Made
f~-\ lr-Ll\-YS- ?oi\f, (X'n5
lllSUran~ Acency
~
Signature; d-
BIDDERS STATEMENT
!
I understand the insurance Ihat will be mandatoI)' if awarded tile cantrall and will comply in full
with all the requirements.
:5tJ. B- ZeQ.v II--\::,. ~\-- ~ ~.<'< 000...
Bidder Sig ~~
i
I
INSCKLST
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