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Item I3 ,~~~ -::J-\Q.IY) ~:s lt~'.I ,'sed ~KJpll BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: October 17. 2007 Division: Monroe County Sheriff's Office Bulk Item: Yes No Department: Mike Rice Staff Contact PersonlPhone #: 797-0362 AGENDA ITEM WORDING: Approval of contract to remove the communications tower owned by the county and located at the site of the Marathon Courthouse due to structural damage. ITEM BACKGROUND: The cost of the removal is $12, 000.00 which will be paid for from the MCSO budget. This project did not go out to bid due to the potential for danger to the public. Instead the Communications Department of the MSCO received quotes, this is the lowest quote received. The communications tower at the Marathon Courthouse has been inspected by the engineering firm of Pate Engineering, Inc. The tower base and some supporting structures are corroded to the point that the engineer recommends that the tower be removed. The engineering firm does not believe the tower will withstand a local storm or a Class 1 Hurricane. This tower is approximately 200 feet tall, is supported by guy wires. It is a very old tower and it is located near the Marathon Courthouse, the Marathon Library, the Sheriff's Substation and adjacent parking. PREVIOUS RELEVANT BOCC ACfION: In December 2006 the BOCC and MCSO entered into an Interlocal Agreement for consolidation and management of the Emergency Communications. As a result of that agreement certain personnel, funds, and equipment were transferred to MCSO, with the BOCC retaining certain authority. CONTRACT/AGREEMENT CHANGES: None STAFF RECOMMENDATIONS: APPROVAL TOTAL COST: $12.000.00 BUDGETED: Yes ~ No As part ofMSCO BUDGET SOURCE OF FUNDS: MCSO Communications budl!et COST TO COUNTY: 0 REVENUE PRODUCING: Yes --::.17 AMOUNTPERMONTH Year APPROVED BY: County Atty ~ OMBlPurchasing A- Risk Management ..)( DOCUMENTATION: Included X Not Required_ DISPOSITION: AGENDA ITEM # .J.... -.3 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Breit's Tower Service,Inc Contract #_ Effective Date: Expiration Date: Contract PurposelDescription: To demolish and remove the communications tower located on the Marathon Courthouse Property Contract Manager: Mike Rice 797-0362 MCSO (Name) (Ext.) (Department/Stop #) for BOCC meeting on Oct. 17 ,2007 Agenda Deadline: CONTRACT COSTS Total Dollar Value of Contract: $ Budgeted? YeslSl No 0 Account Codes: Grant: $ Current Year Portion: $ NA-_-_-_-_ From MCSO Interagencv Communications Fund.-_-_-_-_ County Match: $ 0 - - - - ----- - - - - ----- Estimated Ongoing Costs: $Q/yr (Not included in dollar value above) ADDITIONAL COSTS For: (eg. maintenance, utilities, ianitorial, salaries, etc.) CONTRACT REVIEW County Attorney 10-9-07 y"ONo[] _"A- t:;;h,kl YesD NolSI 44 t(jJ E COUNTY SHERIFF'S OFFICE Date Out Review r /0)0/01 D-{O-O] Changes Date In Needed Division Director /0/10/07 YesD No Risk Management {if (0-07 YesD Nog! O.M.B./Purchasing /, Comments: AGREEMENT BETWEEN MONROE COUNTY AND BREIT'S TOWER SERVICE TO REMOVE COMMUNICATION TOWER AT MARATHON COURmOUSE 1bis Agreement is made and entered into this day of ,2007, between MONROE COUNTY, FLORIDA ("COUNTY"), a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040, the MONROE COUNTY SHERIFF'S OFFICE ("MCSO"), MONROE COUNTY SHERIFF'S OFFICE (MCSO), a political subdivision of the State of Florida, whose address is 5525 College Road, Key West, Florida 33040, and BREIT'S TOWER SERVICE, INC, ("CONTRACTOR"), a Florida Corporation, whose address is 4720 SW 75fb. Avenue, Miami, FL 33155, who are the parties to this agreement. WHEREAS, the COUNTY and the MCSO have entered into an Interlocal Agreement for Consolidation and Management Of Emergency Communications, which pertains to various communications towers located in the Florida Keys; and WHEREAS, Both COUNTY and MCSO agree that the communications tower located on the property owned by COUNTY at the site of the Marathon Courthouse is in a corroded condition and should be removed as soon as possible; and WHEREAS, Both COUNTY and MCSO desire to remove the communications tower at the Marathon Courthouse, an opinion confIrmed by an engineering report done by Pate Engineering, Inc. which stated that "It is my opinion that it (the tower) would not survive a local storm or Class I hurricane and WHEREAS, CONTRACTOR desires and is able to provide the equipment and expertise to accomplish the removal; and WHEREAS, it serves a legitimate public purpose to remove the tower due to its location near various public buildings including the Courthouse, library, Sheriff's substation, now therefore, IN CONSIDERDATION of the mutual promises and covenants contained herein, it is agreed as follows: 1. THE AGREEMENT The Agreement consists of this document only. 2. SCOPE OF THE WORK CONTRACTOR agrees to remove all antennas, brackets, lines, and guy wires from the Rohn tower which is approximately 200 feet tall, to dismantle the tower using a gin pole 1 to the 100 foot level, then using a crane to lower the remainder of the tower, the tower will be cut into 10 foot pieces and removed from the premises and discarded at the county waste station at Long Key. MCSO will be provided with an invoice from Solid Waste and the invoice will be paid to Solid Waste by MCSO from the Interagency Communications Fund. The anchor rods for the tower will be cut below the ground level. CONTRACTOR is responsible for all labor and equipment to remove the tower in a safe and responsible manner. 3. PAYMENTS TO CONTRACTOR A. CONTRACTOR shall submit to MCSO invoices with supporting documentation upon completion of the work and acceptance of the work by MCSO. B. Total Compensation to CONTRACTOR under this Agreement shall not exceed Twelve Thousand dollars and no cents ($12,000.00). C. The payment for the work shall come from funds transferred to MCSO from COUNTY under the InterIocal Agreement for Consolidation and Management of Emergency Communications between COUNTY and MCSO, specifically the Interagency Communications Fund. D. Expenses for travel, lodging, per diem and other authorized expenses are included in the contract price. 4. TERM OF AGREEMENT This Agreement shall commence on the execution of the agreement by all parties, and ends upon completion of the work on or before the last day of November, 2007, unless terminated earlier under paragraph 18 of this Agreement. 5. ACCEPTANCE OF CONDITIONS BY CONTRACTOR CONTRACTOR has, and shall maintain throughout the term of this Agreement, appropriate licenses. Proof of such licenses and approvals shall be submitted to the COUNTY one week prior to removal of the tower. 6. FINANCIAL RECORDS OF CONTRACTOR CONTRACTOR shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Each party to this Agreement or their authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for four years following the termination of this Agreement. If an auditor employed by the COUNTY or Clerk determines that monies paid to CONTRACTOR pursuant to this Agreement were spent for purposes not authorized by this Agreement, the CONTRACTOR shall repay the monies together with interest calculated pursuant to Sec. 55.03, FS, running from the date the monies were paid to CONTRACTOR. 2 7. PUBLIC ACCESS The COUNTY and CONTRACTOR shall allow and permit reasonable access to, and inspection of, all documents, papers, letters or other materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the COUNTY, MCSO and CONTRACTOR in conjunction with this Agreement. Exemptions to Public Access and Public Records Requests shall apply. COUNTY shall have the right to unilaterally cancel this Agreement upon violation of this provision by CONTRACTOR. 8. HOLD HARMLESS AND INSURANCE CONTRACTOR covenants and agrees to indemnify and hold harmless COUNTY and MCSO from any and all claims for bodily injury (including death), personal injury, and property damage (including property owned by Monroe County) and any other losses, damages, and expenses (including attorney's fees) which arise out of, in connection with, or by reason of services provided by CONTRACTOR occasioned by the negligence, errors, or other wrongful act of omission of CONTRACTOR, its employees, or agents. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. Failure of CONTRACTOR to comply with the requirements of this section shall be cause for immediate termination of this agreement. Prior to execution of this agreement, CONTRACTOR shall furnish the COUNTY and MCSO Certificates of Insurance indicating the minimum coverage limitations in the following amounts: WORKERS COMPENSATION AND EMPLOYER'S LIABIL TIY INSURANCE. Where applicable, coverage to apply for all employees at a minimum statutory limits as required by Florida Law. COMPREHENSIVE AUTOMOBILE VEHICLE LIABILITY INSURANCE. Motor vehicle liability insurance, including applicable no-fault coverage, with limits of liability of not less than $1.000.000.00 per occurrence, combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage shall include all owned vehicles, all non-owned vehicles, and all hired vehicles. COMMERCIAL GENERAL LIABILITY. Commercial general liability coverage with limits of liability of not less than $2.000.000.00 per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability, ___ _ _ .. ~ __ _ _3____ .._ _ _ _ CERTIFICATES OF INSURANCE. Original Certificates of Insurance shall be provided to the COUNTY at the time of execution of this Agreement and certified copies provided if requested. Each policy certificate shall be endorsed with a provision that not less than thirty (30) calendar days' written notice shall be provided to the COUNTY before any policy or coverage is canceled or restricted. The underwriter of such insurance shall be qualified to do business in the State of Florida. If requested by the County Administrator, the insurance coverage shall be primary insurance with respect to the COUNTY, its officials, employees, agents and volunteers. WORKERS COMPENSATION INSURANCE. Contractor shall maintain at all times Workers' Compensation insurance in amounts required by law. 9. NON-WAIVER OF IMMUNITY Notwithstanding the provisions of Sec. 286.28, Florida Statutes, the participation of COUNTY, MCSO and CONTRACTOR in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any Agreement entered into by the COUNTY be required to contain any provision for waiver. 10. INDEPENDENT CONTRACTOR At all times and for all purposes under this agreement CONTRACTOR is an independent contractor and not an employee of COUNTY or MCSO. No statement contained in this agreement shall be construed so as to find CONTRACTOR or any of his employees, subs, servants, or agents to be employees of COUNTY or MCSO. 11. NONDISCRIMINATION COUNTY, MCSO and CONTRACTOR agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. COUNTY, MCSO or CONTRACTOR agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88- 352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681- 1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101- 6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (pL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as 4 amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee- 3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or fmancing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as maybe amended from time to time, relating to nondiscrimination on the basis of disability; 10) Any other nondiscrimination provisions in any Federal or state statutes which may apply to COUNTY and CONTRACTOR to, or the subject matter of, this Agreement. 12. ASSIGNMENT/SUBCONTRACT CONTRACTOR shall not assign or subcontract its obligations under this agreement to others, except in writing and with the prior written approval COUNTY and MCSO, approval shall be subject to such conditions and provisions as COUNTY and MCSO Any approved Subcontractor shall carry the same insurance amounts as the CONTRACTOR and shall provide proof of insurance in the same manner as the CONTRACTOR. This paragraph shall be incorporated by reference into any assignment or subcontract and any assignee or sub shall comply with all of the provisions of this agreement. Unless expressly provided for therein, such approval shall in no manner or event be deemed to impose any additional obligation upon the board. 13. COMPLIANCE WITH LAW AND LICENSE REOUIREMMENTS In providing all services/goods pursuant to this agreement, CONTRACTOR shall abide by all statutes, laws, ordinances, rules and regulations pertaining to, or regulating the provisions of, such services, including those now in effect and hereinafter adopted. Compliance with all statutes, laws, ordinances, rules and regulations includes, but is not limited to, the immigration laws of the Federal and State government. Any violation of said statutes, ordinances, rules and regulations shall constitute a material breach of this agreement and the agreement shall entitle the Board in its discretion to terminate this Agreement immediately. CONTRACTOR shall possess proper licenses to perform work in accordance with these specifications throughout the term of this Agreement. 14. DISCLOSURE AND CONFLICT OF INTEREST CONTRACTOR represents that it, its directors, principles and employees, presently have no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required by this contract, as provided in Sect. 112.311, et. seq., Florida Statutes. COUNTY agrees that officers and employees of the COUNTY recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. 5 Upon execution of this contract, and thereafter as changes may require, the CONTRACTOR shall notify the COUNTY of any financial interest it may have in any and all programs in Monroe County which the CONTRACTOR sponsors, endorses, recommends, supervises, or requires for counseling, assistance, evaluation, or treatment. This provision shall apply whether or not such program is required by statute, as a condition of probation, or is provided on a voluntary basis. COUNTY and CONTRACTOR warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the CONTRACTOR agrees that the COUNTY and/or MCSO shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 15. NO PLEDGE OF CREDIT CONTRACTOR shall not pledge the COUNTY'S credit or make it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien, or any form of indebtedness. CONTRACTOR further warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of this contract. 16. NOTICE REOUlREMENT Any notice required or permitted under this agreement shall be in writing and hand delivered or mailed, postage prepaid, to the other party by certified mail, returned receipt requested, to the following: FOR COUNTY Mr. Tom Willi County Administrator 1100 Simonton Street Key West, FI. 33041 FOR CONTRACTOR: Mr. Charles W. Breit 4720 SW 75th Avenue Miami, FL 33155 FOR MCSO Mr. Mike Rice Emergency Communications 10600 Aviation Blvd. Marathon, FL 33050 6 17. TAXES COUNTY is exempt from payment of Florida State Sales and Use taxes. CONTRACTOR shall not be exempted by virtue of the COUNTY'S exemption from paying sales tax to its suppliers for materials used to fulfill its obligations under this contract, nor is CONTRACTOR authorized to use the COUNTY'S Tax Exemption Number in securing such materials. CONTRACTOR shall be responsible for any and all taxes, or payments of withholding, related to services rendered under this agreement. 18. TERMINATION The COUNTY and MCSO may terminate this Agreement with or without cause prior to the beginning of the work, defined as the arrival of the CONTRACTOR and equipment at the location of the tower. 19. GOVERNING LAW. VENUE. INTERPRETATION. COSTS. AND FEES This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to Agreements made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the COUNTY, MCSO and CONTRACTOR agree that venue will lie in the appropriate court or before the appropriate administrative body in Momoe COUNTY, Florida. 20. MEDIATION The COUNTY, MCSO and CONTRACTOR agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of them the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court ofMomoe County. 21. SEVERABILITY If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The COUNTY, MCSO and 7 CONTRACTOR agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. 22. ATfORNEY'S FEES AND COSTS COUNTY, MCSO and CONTRACTOR agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and court costs. Each party agrees to pay its own court costs, investigative, and out-of-pocket expenses whether it is the prevailing party or not, through all levels of the court system. 23. ADJUDICATION OF DISPUTES OR DISAGREEMENTS COUNTY, MCSO and CONTRACTOR agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of COUNTY, MCSO and CONTRACTOR. Ifno resolution can be agreed upon within 30 days after the first meet and confer session, the issue or issues shall be discussed at a public meeting of the Board of County Commissioners. If the issue or issues are still not resolved to the satisfaction of COUNTY, MCSO and CONTRACTOR, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. 24. COOPERATION In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, COUNTY, MCSO and CONTRACTOR agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. COUNTY, MCSO and CONTRACTOR specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. 25. BINDING EFFECT The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of COUNTY, MCSO and CONTRACTOR and their respective legal representatives, successors, and assigns. 26. AUTHORITY Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary COUNTY and corporate action, as required by law. 8 27. CLAIMS FOR FEDERAL OR STATE AID CONTRACTOR and COUNTY, and MCSO agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state fimds to further the purpose of this Agreement; provided that all applications, requests, grant proposals, and fimding solicitations shall be approved by each party prior to submission. 28. PRIVILEGES AND IMMUNITIES All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the COUNTY and MCSO, when performing their respective fimctions under this Agreement within the territorial limits of the County shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the County. 29. LEGAL OBLIGATIONS AND RESPONSIBILITIES This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the COUNTY or MCSO, except to the extent permitted by the Florida constitution, state statute, and case law. 30. NON-RELIANCE BY NON-PARTIES No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or program contemplated hereunder, and the COUNTY, MCSO and the CONTRACTOR agree that neither the COUNTY, MCSO nor the CONTRACTOR or any agent, officer, or employee of the parties shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. 31. ATTESTATIONS CONTRACTOR agrees to execute such documents as the COUNTY and/or MCSO may reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug-Free Workplace Statement. 9 32. NO PERSONAL LIABILITY No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County or MCSO in his or her individual capacity, and no member, officer, agent or employee of Monroe County, or MCSO shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 33. SECTION HEADINGS Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. IN WITNESS WHEREOF COUNTY, MCSO and CONTRACTOR hereby have executed this Agreement 0 the day and date first written above in four (4) counterparts, each of which shall, without proof or accounting for the other counterparts, be deemed an original contract. (SEAL) Attest: DANNY L. KOLHAGE, CLERK BOARD OF COUNTY COMMISIONERS OF MONROE COUNTY, FLORIDA By: By: Deputy Clerk Mayor Mario DiGennaro Date: Date: Breit's Tower Service Inc. w Date: J O/II/D'7 . sp{2----;:/' ' - tore ..;.... 1[)~{/o7 . / / Date: Sig e of person authorized to Legally bind Corporation /0/1/ /0 '7 I ' C J-I Ii IV r9"":J L,?, '--/l;;2,s-,,:'-- Print Name Date: Address: .L/ 7d..D '7tJ, 7CJJ.>OAiJr. /YJ I Y} VI' F"i::. -z, ~ I ~ C; I Tel. No.: ~D<? -2U -1771-.. 10 Monroe County Sheriff's Office 5525 College Road, Key West, Florida 33040 305-292-7090 305-292-7070 (Fax) TO: Nat Cassel Mike Rice RECEIVED FROM: LAURA WHITE Emergency Communications 10600 Aviation Blvd. Marathon, FI. 33050 Phone # 305-743-7570 Fax# 305-289-6078 DATE: 9/27/2007 SEP 2 8 2007 MONROE COUNTY ATTORNEY RE: .PATE ENGINEERING - MARATHON SUBSTATION TOWER Attached find Mr, Pate's complete report (15 pgs) in reference to his site visit to the Marathon substation Pate Engineering, Inc. 13540 N. FLORIDA AVE. SUITE 203 TAMPA, FLORIDA 33613 phone 013-960-0002 fax 013-264-2605 LEITER OF TRANSMITr AL m~,(J ""'..~~.~_ _1_:.01 Date: 9/.;1.<1'/67 "'-=-0' ,Job t/: 07 ~.;;..o (i ~ Fle: mO-t.~ I~ To: Attn:of~ ~ We are sending you .- ~ Attached [J Under separato covor vid{ ~ . the following: o Originals [] Copios 1=1 spocj[jcatio~----rncopy of Letter o -...- --- - --....--.-- u..__"._uu_ ..-...-........ .- --.- - - Copies Date Status - Description fiik -- ~~ 4- '"fa. 0 4> I 2.4 0-, 9 ?f. I 8-07 - -- -..------- . --- -- __n_ - .____._..._~,.,...,..,.,.~,....,....,.."...,..,...,,._..~e=,.,..,..,.....,..,,...,,..,-_,.......,.,~.,_,.,....,-.,..--,.,...,..,.~'.,....,,,..,..,.'''' .....- __..u_ -- -- Status Code: ~ For Approval Z. Revise and Resubmit ~ MaIm Corrections Remarl<s: ..1-_ For Permitting 5 For Reference _Q. For Your Rccords :L Preliminary 1 Fo~on_ By: ~ g~ Copy To: ~ PATE ENGINEERING INC. PROPOSAL 13540 N, Florida Ave" #203 Tampa, FL 33613 Phone: (813) 960-0002 Fax: (813) 264-2605 E-mail: pateenq@aol.com www.pateenqineerinq.com To: Monroe County Sheriffs Office Marathon, FL Attn,: Ms. Laura White email: white-Iaura@monroecountvll.qov Date September 24, 2007 Project: Marathon Tower Proposal No. 168-07 WHEN ISSUING A PURCHASE ORDER, PLEASE REFER TO THIS PROPOSAL NO. 1. Pate Engineering, Inc. proposes to furnish the following services for the above referenced project: 1.1 Furnish technical specifications for replacement of tower at Marathon site. Partial site plan showing location of proposed tower. 1.2 Review bids, submittals, etc. 1.3 Interim and/or final inspections (Tower will not be climbed.) 1.4 Attend zoning and other meetings. Note: Monroe County to furnish the following: a. Survey of the area of the proposed tower location in acceptable CAD formal. b. Recent soil borings at the proposed tower site. The number of borings required will depend upon whether a self supporting or guyed tower is proposed. c. A list of the proposed antennas, model number, elevation and transmission lines. 2, Services not included in this proposal: 2,1 Copies of calculations 2.2 Land surveying. 2.3 Radio engineering. 2.4 Field or laboratory tests. 3. Our engineering fees for this project are: 3.1 3.2 3,3 3.4 Item 1.1 Item 1.2 Item 1.3 Item 1.4 $2,350.00 $ 75.00/Hr. Travel Time $ 750.00 $ 125,OO/Hr. Meeting Time Plus Travel Expenses & Travel Time Note: The stated fees are based on Pate Engineering's present insurance coverage. Any additional, required coverage will be at the owner's expense. All documents (drawings, specifications, reports) prepared by Pate Engineering, Inc. for this project are for use with this project only. Any other use is not allowed, All original documents will remain the property of Pate Engineering, Inc. They may not be reproduced without written pennission of this office. Invoicing will be on a monthly basis. Payment is due 30 days after invoice date unless stated otherwise. The Engineer may include a 1-1/2% charge per month from the invoice date on the unpaid balance of overdue invoices. Expenses incurred in the collection of the amounts due under this agreement, including a reasonable attorney's fee, are the Client's responsibility. ~ PATE ENGINEERING INC. 13540 N, Florida Avenue, Suite 203 Tampa, Florida 33613 www.pateengineering.com (813) 960-0002 FL CA #4524 September 24, 2007 Monroe County Sheriff's Office 10600 Aviation Blvd. Marathon, Florida 33050 Attn: Ms, Laura White Re: Marathon Tower Our Job #07-206 Dear Ms. White: On September 21,2007, the above referenced tower was visited. The purpose was to confirm the condition of the tower as outlined in our letter of September 13, 2007. It was determined that the tower is a Rohn Model "C". This tower has a 24-inch (24") face width, the diagonals are 1-inch (1") aD x 16 ga tubing and the legs are 2-1/4-inch (2-1/4") aD x 12 ga tubing, A copy of the Rohn catalog page is attached for reference, As noted in the September 13 report, these are very thin wall members, A close inspection confirmed that the base plate is severely corroded and is exhibiting some upward deflection, This is caused by the loss of section due to the severe corrosion, During this inspection, it was determined that there is a drain hole drilled into the base plate which allows water collected in the hollow leg to drain out. However, this also allowed water to collect around the base plate thus causing the base plate to corrode, A limited inspection was made of the base of the legs. This revealed that the inside of the leg members were exhibiting corrosion also. As noted previously, there is no way of predicting if or when this tower may fail. It is my opinion that it would not survive a local storm or Class 1 hurricane, The tower is located near several building, This visit has reinforced my opinion that this tower should be taken down as soon as possible, Several possible temporary methods for reinforcing the base plate were discussed with Roger, the tech present. His idea of placing shims or plates between the bottom of the base plate and concrete pad seems practical and speedy, It is my opinion that this is an acceptable temporary solution. These shims should be centered under the tower legs. Field measurement indicates the plate shims should be about 1.1/4.inch (1-1/4") thick and 3-inches (3") wide by 4-inches to 4-1/2-inches (4" - 4-1/2") long. These dimensions should be field verified, Minimum force should be used to place the shims. They should not be driven into place. After they are in place, they may be tack welded. This will require cleaning enough rust off the base plate for a tack to hold. Pate Engineering, Inc, Re: Our Job #07-206 Page 2 The tower contractor hired to unstack this tower should be experienced in this type of work. I suggest the work be done when the buildings are not occupied, Also, the contractor should submit certificates of insurance in an amount to be determined by Monroe County. The contract should state what items are to be disposed of such as tower antennas, mounts, lines, etc. and who is responsible for and pays for such disposal. If you have any questions regarding this matter, please contact the writer. Pate Engineer~g')1' By: ~ Leroy L,1Ia:t t~7 Florida No. 7039 2 J ] I ] 1 J J ] I I ] I., ~ I I I I 1 ] ] , ci ~'5$~~~~ (!j ;;:~;;:: ~ ~ ~ ~ t-C'..... ~.. ~ - ~~ <.Ju....vuu ~i!l0(,!l <: <: < <: ~3~s o ~ 0 ~- .. ~LIl;:::! ~ _. ""t ~(J;; ~~:: ~ to) ~~~t:!";-~" "';"";' I' .' * c1 c:i cj ci '=! q I }... ~d d d ci C::il:S I-- :::. ~ ~\':...~~<~ \\11\1"'",'" CQ~:J: I I I I ~ "'" \J.... 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" . ~ . ~ S? ~ .~ " 1 Q ~ , ~ >- ","" ",0 ~'" >- "" "''' <l~ (!I~rl lu . ..J~:C: , >->- ~.., ~o >-" ",,>- Ou' ~q;;<ct: ~~~~ " u,,> Qc:-::O~ ~......~ ~';?~# ,,~~...... ~ >- "> ~ o " e ~ g '" u ~ " ... ~ " " " >- .. ~ ~>- !:ig ~ 0" l' fIQ~"'<::' ...~~~ ~~~~ ~~si r-><~~ ~~i-~ I ! ~ .. ~ 1 ~ ~ ~ ~ ~ .. ~ 2 ~ ~ 1 b ... o N >- .. ) .<t l I .., ~~ o~ ~O .u)v o "''" ("j~ ::I" . '" $~ " e~ ~'" ",0 ~~ 0" "'" ,~ 10:< ~" . . 5~ f ..., ~(J ~a 0;" '0 "''" .., .;~ ~" . ~ "",- .; ~ o N..... ~., ..;0 '0\..1 '" .;'" W" ..~ ... Q" ..." "'~ " ~ ~~ "6'. ~ ~t';~ ,,~ ~~ .g ~. ~ : ~ t i llll' .~ Ct) "''''';1 ~ ~ i .1~' < II . ~ ~t..ln t; ~ I !II. I "J ill, I nl! I e3 ~ :;\ !';'U! {l.. a~ " ~! .2 j ~ I ~ I .. . 51 ~ . " ~ q "'Lf '" j~~ ~t.I C( ~......~.~ ' ' :~~ r \ (,,1..,,11( , ~~~ / .' ~~'Q Q..' , ~ ~ .. '" u ~ " ili <I)~l: Q"b:).~ ~OCi:1O ...,QJQQ ((~lo.t;;; Q:~'l:.l~ ~~....~ <.J'<J'go ~~,,::,: " " . '" '" ~ i:! .. .., ~ '" Q Q ."" ",.' <..>."" <t ~ ~<> ,;:::. luv .., ... <ll", ,,'- Q Q ~ '" u . . " ...J ~ ",=, """ Q.-' ",.", >- ",::, "," ",;:: 'tv ",'" ","> ",'- c>: '" '" ~ ~ ":l ::o! -4~ _.~ Q >-- < ~ ~ '" " " :i ~ PATE ENGINEERING INC. 13540 N, Florida Avenue, Suite 203 Tampa, Florida 33613 www.pateengineering.com (813) 960-0002 FL CA #4524 September 24, 2007 Monroe County Sheriff's Office 10600 Aviation Blvd. Marathon, Florida 33050 Attn: Ms. Laura White Re: Marathon Tower Our Job #07-206 Dear Ms, White: On September 21, 2007, the above referenced tower was visited. The purpose was to confirm the condition of the tower as outlined in our letter of September 13, 2007. It was determined that the tower is a Rohn Model "Cu. This tower has a 24-inch (24") fa~ width, the diagonals are 1-inch (1") 00 x 16 ga tubing and the legs are 2-1/4-inch (2.1/4") 00 x 12 ga tubing. A copy of the Rohn catalog page is attached for reference. As noted in the September 13 report, these are very thin wall members, A close inspection confirmed that the base plate is severely corroded and is exhibiting some upward deflection. This is caused by the loss of section due to the severe corrosion. During this inspection, it was determined that there is a drain hole drilled into the base plate which allows water collected in the hollow leg to drain out. However, this also allowed water to collect around the base plate thus causing the base plate to corrode. A limited inspection was made of the base of the legs, This revealed that the inside of the leg members were exhibiting corrosion also. As noted previously, there is no way of predicting if or when this tower may fail. It is my opinion that it would not survive a local storm or Class 1 hurricane. The tower is located near several building, This visit has reinforced my opinion that this tower should be taken down as soon as possible, Several possible temporary methods for reinforcing the base plate were discussed with Roger, the tech present. His idea of placing shims or plates between the bottom of the base plate and concrete pad seems practical and speedy, It is my opinion that this is an acceptable temporary solution, These shims should be centered under the tower legs. Field measurement indicates the plate shims should be about 1-1/4-inch (1-1/4") thick and 3-inches (3") wide by 4-inches to 4-1/2-inches (4" - 4-1/2") long. These dimensions should be field verified. Minimum force should be used to place the shims. They should not be driven into place. After they are in place, they may be tack welded. This will require cleaning enough rust off the base plate for a tack to hold. I , J i j 1 1 I I J I I I I l 1 ] ] d :c: ~~~.~~(;) u !:!2~~~~ ?t' 0-1:" t"" r-"''''' Cl r:-- (' {'o r- ~:- (,.,lUUou.... e ~'" <.!l ~~<< ~ 3~ ~ g", ~ ~ '" .." .. ~ ~<:t~~::~to) ~~~~';-~.. I , 1 . q qcidciC$~I\-. "ddd,O. ~~~~ ::it ~ ~ -... 0 .... I\l "-l tI,j ...lo.i CO ~:t I I I ";'(,1 ""U'" ~~<.!J~<t"Q. US~ .J~'j~~~~'$: d ~ ...~...~ ~~ ~ ti~~..~!:~~g ~ (.J~~~~()O~a <.,)tJ~1li& :z o ;:: 0. il( " 13 Q ~ l;1 ~ I I CO)~ I <t-<7o- NNN ~ ~I ~ IIMNI~~~ " () 1 I I " _ IUd- d-~ N N N yit\ >- ~<:)II(,\lgl~~~ c.i~ O~ " I I ~ '''' ' ?= t) _ ~~a) '" '" '" ~al 1fr11~...o~~~ ... u "'~ "''' f( ~ I lU a ~ I I. ~ I 0- 0\17\ ~" o ... ,,~ "i ll"'ll I" I a.o.lJ\ " ~ t) I ro) I 1..!Jjt)O\lJH'''' ~ ~'" " , , 0 .000 " ~ "'~~ " ~ ~'" , , , 0 ,000 " ~ ~~~ li:Io l't) I I ,00 1"1_ ~ ~ 0, . -, ~ . ... ","" ",0 ~~ ... '"'" "'''' -!:!~t <!Jet. I ~~~ ~ t ~ ~ ~ ~ t ~ , ...... ,~ ~o h~ ~",'" ,,~, ~q;~q: ~~~~ .. ~~ ~~3~ ~~~~ ~fii?l'- . " ~ ~ <i ~ i :a t o '-' - .~ . ~ '" . Q ~ ~ . ~ " ~ ~ ~ 0 " ~ .:. ~.... . .J ~~ ~ :g o~...~ ~"', .. )...~~l:II: i! :; ~~ !:) IClO\') ~ifi':..,1 .. t-.~~~ o ,~ ... ~~~~~' 13 .. <i " ~ , .- 2 ... ~ "- ~ j '" b N b N ) _'l: l \ J ~~ ..... ,,-0 0;'-' b ~~ v~ ~~ u'" --e .., ~~ 0'" ,,-0 "'u '0 ~'" t..i~ ilI"'- ~~ ~ ..., ~~ <00 .0~ 0," ~~ v~ ...~ ..... _ K -~ i" t:~ ~o ,,~ -" "~ ~~ ~~ i .~ o ! J t ''f .(l( ~ ! .!\ ~, .,' I- ':J ~ 'I Ii .~ g { ,1 n t; "I !I'I "II [111 '-:l LI.l ~l\! I ~ " 12. .'" ". ~ k '. .2 i ~ I ~ ! to . :5 I ~ \; ... ~ .. ~ ~ "l "- ~ I , . ~ I ~ ", '" ~ .., '< ~ ..., " :-' o ~'" ~., ~~ ~ v'" ~~ "'~ .~ Q", ..." "'~ / ~. ~ ~ .., '< ~ ~ ''If " . :iE~ ~l..Itt: ~~~.. l' '\ '0" :~~ mj' ", ~q q. , ~ ~ '" u ~ .. e; "lak Q".b::..~ ~O((lLI ..,<lJQQ t:(OIdl:; ..i'''~ 'S1.oJ....s: o~'go g;:;~il': @ >: ~~ ~ lS' ,,~ ~" ~ , . , , ~ '" u ~ ~ ... ... ... 1~ '" .. '-' ~ '" Q Q'''t lv,' " ."t 0:,::>; ~ " ,;::: "'" '-'.. 'll", '" o Q ..J ~ lu:' Q.'" 0.,' lu'O: t;:;, Q'" ~;:: "''' lulu <.>'" ",'- CO( "" '" ~ ~ "5 :2 _~t --' Q .... :;, ~ ~ PATE ENGINEERING INC. 13540 N, Florida Avenue, Suite 203 Tampa, Florida 33613 WoI(W,pateengineering,com (813) 960.0002 FL CA #4524 September 24, 2007 Monroe County Sheriff's Office 10600 Aviation Blvd, Marathon, Florida 33050 Attn: Ms, Laura White Re: Marathon Tower Our Job #07-206 Dear Ms, White: On September 21,2007. the above referenced tower was visited. The purpose was to confirm the condition of the tower as outlined in our letter of September 13, 2007. It was determined that the tower is a Rohn Model "C", This tower has a 24-inch (24") face width, the diagonals are 1-inch (1") 00 x 16 ga tubing and the legs are 2-1/4-inch (2-1/4") 00 x 12 ga tubing. A copy of the Rohn catalog page is attached for reference, As noted in the September 13 report, these are very thin wall members, A close inspection confirmed that the base plate is severely corroded and is exhibiting some upward defiection. This is caused by the loss of section due to the severe corrosion. During this inspection, it was determined that there is a drain hole drilled into the base plate which allows water collected in the hollow leg to drain out. However, this also allowed water to collect around the base plate thus causing the base plate to corrode, A limited. inspection was made of the base of the legs. This revealed that the inside of the leg members were exhibiting corrosion also. As noted previously, there is no way of predicting ifor when this tower may fail. It is my opinion that it would not survive a local storm or Class 1 hurricane. The tower is located near several building, This visit has reinforced my opinion that this tower should be taken down as soon as possible, Several possible temporary methods for reinforcing the base plate were discussed with Roger, the tech present. His idea of placing shims or plates between the bottom of the base plate and concrete pad seems practical and speedy, It is my opinion that this is an acceptable temporary solution. These shims should be centered under the tower legs, Field measurement indicates the plate shims should be about 1-1/4-inch (1-1/4") thick and 3-inches (3") wide by 4-inches to 4.1/2-inches (4" - 4-1/2") long, These dimensions should be field verified, Minimum force should be used to place the shims. They should not be driven into place, After they are in place, they may be tack welded. This will require cleaning enough rust off the base plate for a tack to hold. Pate Engineering, Inc. Re: Our Job #07-206 Page 2 The tower contractor hired to unstack this tower should be experienced in this type of work. I suggest the work be done when the buildings are not occupied. Also, the contractor should submit certificates of insurance in an amount to be determined by Monroe County. The contract should state what items are to be disposed of such as tower antennas, mounts, lines, etc, and who is responsible for and pays for such disposal. If you have any questions regarding this matter, please contact the writer. Pate Engineering, Inc. By: ~- c:r I ).+/0 I Leroy L. Pate, PE Florida No, 7039 2 j i j 1 1 I I J I I I I l 1 1 1 d <-iii~~~~<:) (!) N Cl ~ ~ 0- ~ ~ ;;:;;t:: (:::!:!~ Q J:-. C"........ ~~ <.JuuUUV :, o ;:: "- " u 13 '" ~"l.,!)!!l ~ ~ < < ~3~3 ::?,i., ~~ ~ .. "<t I< ~ ~q;~~~~"':I !I.l~I\a~"'''''' ~.... 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",!<: "-,, ",!<: :;;'" "," .,i:: <tu ",'" u..., <t'-- ~ ., '", " ~ '" :::! .4t n.-J Q .... :;;, g ~ PATE ENGINEERING INC. 13540 N, Florida Avenue, Suite 203 Tampa, Florida 33613 www.pateengineering.com (813) 960-0002 FL CA #4524 September 24, 2007 Monroe County Sheriff's Office 10600 Aviation Blvd. Marathon, Florida 33050 Attn: Ms. Laura White Re: Marathon Tower Our Job #07-206 Dear Ms. White: On September 21,2007, the above referenced tower was visited. The purpose was to confirm the condition of the tower as outlined in our letter of September 13, 2007. It was determined that the tower is a Rohn Model 'C". This tower has a 24-inch (24") face width, the diagonals are 1-inch (1") 00 x 16 ga tubing and the legs are 2-1/4-inch (2-1/4") 00 x 12 ga tubing. A copy of the Rohn catalog page is attached for reference, As noted in the September 13 report, these are very thin wall members, A close inspection confirmed that the base plate is severely corroded and is exhibiting some upward defiection. This is caused by the loss of section due to the severe corrosion. During this inspection, it was determined that there is a drain hole drilled into the base plate which allows water collected in the hollow leg to drain out. However, this also allowed water to collect around the base plate thus causing the base plate to corrode. A limited inspection was made of the base of the legs. This revealed that the inside of the leg members were exhibiting corrosion also, As noted previously, there is no way of predicting if or when this tower may fail. It is my opinion that it would not survive a local storm or Class 1 hurricane. The tower is located near several building, This visit has reinforced my opinion that this tower should be taken down as soon as possible, Several possible temporary methods for reinforcing the base plate were discussed with Roger, the tech present. His idea of placing shims or plates between the bottom of the base plate and concrete pad seems practical and speedy. It is my opinion that this is an acceptable temporary solution. These shims should be centered under the tower legs, Field measurement indicates the plate shims should be about 1-1/4-inch (1-1/4") thick and 3-inches (3") wide by 4-inches to 4-1I2-inches (4" - 4-112") long. These dimensions should be field verified, Minimum force should be used to place the shims, They should not be di-iven into place. After they are in place, they may be tack welded. This will require cleaning enough rust off the base plate for a tack to hold. Pate Engineering, Inc, Re: Our Job #07-206 Page 2 The tower contractor hired to unstack this tower should be experienced in this type of work. I suggest the work be done when the buildings are not occupied, Also, the contractor should submit certificates of insurance in an amount to be determined by Monroe County. The contract should state what items are to be disposed of such as tower antennas, mounts, lines, etc, and who is responsible for and pays for such disposal. If you have any questions regarding this matter, please contact the writer. Pate Engineering, Inc. By L"roy L~;;~ Florida No, 7039 2 j , j , j 1 I , ] , I 1 1 l 1 ] ] <5 ~.;;; ~~ ~ lh 1;) . !:!~~~~~ ~ t~~~i~ <:::l ~ u u.... (.1..... C)l!>.I.!)(!) ~<<~ ~ ~ 3~~ o O' l2 '" i: (\,114)".... 0.. "" cr: l< ~ ~" (t ~~ <!):;~ ~ II C,j ~ ~ ~ ~, -:- ~ q~~ci~~l'; Q .ddc::lO~~~~Cl ~-"'Cl::.c;~ 'i"-l\P.i.... lOU'" ~~J,.1~Q.~3~ 1l.l~\tJ..,fl;:~~ ..J.J-,-,<:)C>)Ql ~ o >: ~... l-- ... (;)...1\1 ~~ ~ I\'l~-.~~~~~g ""'" O.J.,J ..,~.<::t <::t ~l.t,l. Q;: u~::..:: 'l<\J ~(,J t\i Ii.I " ~ ~ \ I I tot';; I ~:;g; ~ ~ ~lllcYl~IZ~~ " " <:) l I I fI) N co: do:' " y)~ >- \-.. tt) I I (9l I g I ~~!!? C" t.i~ O~ < 1 1"l I ~ I ~~CD ?-=a '" '" "'" <()t l"ll~-i~~~ ~" ... u ~~ c:t: ~ I ~ I , ~ \ l}\ a. 0'1. ..." l:" c ... ,,~ "'i I (T)l I" IlJ'olJ'oa- " " ~ ~ 1 P) I 1"''''0'1.0'1.0'1. " ~fVH a , ,0 . 000 "''''''' ~ ~P)lllgIQgg " ~f")'llg~~~~ . ~ ~ ~ '" ... ~ 1 ~ o ~ ~ " ... i ~ ~ ;:, ., " ... ....-, ..0 ?i" ... Ou'" "'~ ~~+- ~~.t I ~~~ , ...... -~ ~o ,," ~Io.JS CQ....::aq: '" '" 'u~~:r: " U~ ~~o~ IQ~-..I:s: ~~~$ ~~..~ ~ >- .. ~ <l u ~ , 1< '" u ~ ., .. o u " ~ o " ... ~ "... \...c; ~ c:~\...~ Ilti.....~-c::. )...~<:Q:: <'~ '" -16:J~ ~~Sl t'-1f)~\4~ ()"'i~~ ~~~~~I ! ~ " ~ ~ t '" o ~ ~ ~ 2 ~ 1 ~ o ~ .- .. J .0: J .S(} .." ",-0 .,;" .0 ~'" ~ u~ ~~ ~~ ";b :-'~ <00 " .. '01." "-~ ,~ ~.. ..", . " -""'- "..~. . ~. "'St i .2 ! o' ~! ~ I .. . 51 ... i;; , ~ " , ~ ~ ... a I ~ I H ~ "J ! ,,; >- '" '" <:t < o - .... \J \oJ ":l 1 if ..'l( iI'!:1 ~, i II ~ I 1.1 It t I !II 1 HI, I nil I el " i2 ." If' ~ ~ " '" 2", ~., .0 ~~~ "- u'" ~~ "'~ .~ 0", ....", "'~ ~ <':: ~ , q :jE~Lf ~o C( , """'l;ll:l.' VI ~~~ If/ \ ~ ~~~ If ~ ~l~/. ~ \~ ~ ... ~ ~ .. @ ~ ~ o. ~~ ~ ~~ <>0 ~" ~ r:; ","" Cl....!:i~~ "",OC(1.l..I I'CQQQ "'0 - Cl::~\o.l"" ct:f.,:.<:Q~ ~...,I-S; u~~_o . g~~:::: ~ '" >- '" " ~ '" Q Q\ Iv-' c,." 0: ~ ~ " ,~ '" " "... "'''' '" o Q .) ~ ",=-' Q.'" <t.' ",,,, t;~ Q~ "''' o:u ",'" u'" ",'- <>: <ll '" " ~ <::, :! <t _=l-l;; d~ Q .... < g ~ '" u ~ ~ Breit's Tower Service, Inc ( Quote Request) Charles W. Breit President 4720 SW 75th Ave. Miami, FL. 33155 Established 1952 Telephone 305-261-1272 Fax 305-261-6775 September 29, 2007 Attn: Ms. Laura White Breit's Tower Service, Inc. will furnish labor to complete the following scope of work: Remove all antennas, brackets and lines from the 200' Rohn tower at the courthouse location. We will dismantle the tower using a gin pole to 100' level then use a crane to lower the rest. The tower will be cut into 10' pieces and removed from the premises and discarded to the county waste station on Long Key. All guy wires will be removed also. The anchor rods will be cut below ground level. Attached is a copy of our liability insurance. The total job should take three day. We can remove the antennas and lines on a Friday and dismantle the tower on the weekend. The total price: $12,000.00 Prices valid for 60 days. Sincerely, Charles W. Breit ~,~,. -.-.... . .. .'-... ...'- -- -.. ..-'.-. . . ..iI......_._,.....~_ I 611=a ~~o"""J< ($61)1;65-5500 TKIS CERTlFIC4Tl' IS ISSI.IEO'~ AMATTER 01' INFORM"TIClN Wells F~~l;Ilnsu.....,.,~~....t,Inc. O"'YANo C~ NClRlGNTS UPON'I"HE CEF!llFICATE HOUlER. TIlII! ......., lH<<All!'oQES NOT.~D,!:X"reNOOR ~~. jl,outh. Aalll"rDl1ve,1ll.dta6OO ALTER THE COVEAAGEA1'FORIlEllBY 'ftE I'QUeIES BaOW. W....t Palm ae.eh, FL334ll1ofi14 INS1.lR!;RS Al'FOf!DIIIl> COVERAQI! IlAIC" ........ Bl1!lr.T~lleNic" INetiJu!R A:Scotl:Sdjle 1n8. 4720 llW 75thA....."e. ~a; 1IIIlalll;,FL 33165 r:f$UAE:R:C: INlufte'.q.C: INSUR!RE; COVERA,CI!S "TW~ POLJCr&S OF IIl&tlRANeE LlSTEO S.LOW HAve Ill!Di ~U'EO TO THE ItISUIlIiC N""'" AllOVE FOR _ POlICY PI!llOOlNOlCAT'E1l. >to_TA"Om ANY REOUlllE:MEN'l'. rllllM!IIl COllom",. OP AllY CCI>IT]lAI;l OR O_R OOC\IMENT Wl"fH IlI'9l'ECtlU WHlCll1... 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'taP',t'~~. . :ANYAUr6 , aACH~ MaiWW't r:$UC"I1BLE ~:. .~:~- ~"'~ :Airf:PRCFJ\Erot:wA~ OF~R.~"'" ~JIq;.' btilldlir BPEC:ML cntIDl . . . ~'~~"~~~',0.'Il,~'~wr~EMiiHr'.I~L;~ .nilii..4looldor II a._ r......r oS '__ ia ..d_lIahilily , ::ER'l1AcATlfHOl.lll!R ' CA :nON ':~'~'7:'~'OF'~.'~..c.~~.:.~hM:.~.~~,~.~--'" ~~.'lHE~~Jil_.IilLL'I;I~lIlIA_'lQM'AIL\'10> ,,,,,'DAYSwRm&. -'i~i~jOtHt~~.~,;~-~~~*"mlMll~-"""nrUau.oPi3tOMfA ~*~'(I~_~ORUA~OfI"""IQI3WQWU.llIWREllIlnsAB6NnItIJt tal" 88rn..l'MIS. 1J~,~I.rtrA'INI" ~]LlIl(;~..;.';;:~"';'.~~'~;..' T ....._.... OACQRD CORPORATION 1988 ICORD 25 (2l101JD1) www.sunbiz.org-DepartmentofState Page 1 of2 Home .. Contact Us E.Filing Services . Document Searches Forms Help Previous on List No Events Next on List No Name History Return To List Entity Name Search "~~~---~~ Detail by Entity Name Florida Profit Corporation BREIT'S TOWER SERVICE, INC. Filing Information Document Number 617631 FEI Number 591936824 Date Flied 04/17/1979 State FL Status ACTIVE Principal Address 4720 SW 75 AVE MIAMI FL 33155 Changed 01114/2000 Mailing Address 4720 SW75 AVE MIAMI FL 33155 Changed 01114/2000 Registered Agent Name & Address BREIT. CHARLES W 4720 SW 75 AVE MIAMI FL 33155 US Name Changed: 01/1412000 Address Changed: 01114/2000 Officer/Director Detail Name & Address nle STM BREIT, AERIS DEE 34 GARDEN MALL CT. INGLIS FL 34449 nleVP BREIT, CHARLES E. 34 GARDEN MALL CT. INGLIS FL 34449 TitlePD BREIT, CHARLES W. 4720 SW75TH AVENUE http://www.sunbiz.org/scripts/cordet.exe?action=DETFIL&in~ doc _ number=617631 &inq... 10/5/2007 www.sunbiz.org - Department of State Page 2 of2 MIAMI FL TitleD MAGRAM,GARY 9700 S DIXIE HWY MIAMI FL Annual Reports Report Year Flied Date 2005 01/1912005 2006 03/17/2006 2007 03/0512007 Document Images 03/05/2007 ANNUAL REPORT 03/17/2006 ANNUAL REPORT 01119/2005 ANNUAL REPORT 01/23/2004 - ANNUAL REPORT 01/27/2003 ANNUAL REPORT 01/31/2002 - ANNUAL REPORT 01/23/2001 ANNUAL REPORT 01114/2000 ANNUAL REPORT 02123/1999 ANNUAL REPORT 01/30/1998 ANNUAL REPORT 02/21/1997 - ANNUAL REPORT 02109/1996 ANNUAL REPORT 04/06/1995 ANNUAL REPORT Note: This is not official record. See documents if question or conflict. \ - Home Contact us Document Searches E~Filing Services Forms Help Copyright and Privacy Policies Copyright @ 2007 State of Florida, Department of State. http://www.sunbiz.org/scriptslcordet.exe?action=DETFIL&in~ doc _ number=617631&inq... 10/5/2007 INTERLOCAL AGREEMENT BETWEEN MONROE COUNTY BOARD OF COUNTY COMMISSroNERS AND MONROE COUNTY SHERIFF'S OFFICE FOR CONSOLIDATION AND MANAGEMENT OF EMERGENCY COMMUNICATIONS ~ ( THIS INTERLOCAL AGREEMENT is entered into this _ day of , 2006 belween the MONROE COUNTY ("COUNTY"), a political subdivision of the Stale of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040 and the MONROE COUNTY SHERIFF'S OFFICE ("MCSO"), a political subdivision of the State of Florida, whose address is 5525 College Road, Key West, Florida 33040. WHEREAS, MSCO has purchased and is operating a county-wide 800 MHz Itunked radio system that serves the needs of MSCO and various departments of local government and public utilities;" and WHEREAS, the Monroe County Emergency Communications Department currently operates and maintains the County's communications syslems and equipment; and WHEREAS, the COUNTY and MCSO have determined that improved efficiency and coordination of the management and operations oflhe emergency communications syslems can be betler achieved by consolidating Emergency Communicalions Departmenl personnel, equipment, and expertise within the MCSO opera lions; and ( \ ,- WHEREAS, the COUNTY and MCSO recognize that emergency communications are essential to the public safety and welfare of the people of Monroe County; and WHEREAS, the goal of COUNTY and MCSO is to maintain and enhance 911 and emergency communication service throughout the County, NOW THEREFORE, inconsideration of the mutual promises, covenants, conditions, and agreements stated herein, and for other good and valuable considerations, the sufficiency of which is hereby acknowledged, the parties agree as follows: 1. TERM Subject to and upon Ihe tenns and conditions set forth herein, this Agreement shall commence on approval by the Board of County Commissioners, and shall continue in effect for five years, unless terminated earlier pursuant to Section 8, below, 2. SCOPE OF WORK ( MCSO shall take over the responsibility for the following: A, Operating and maintaining the public safely system radio system and other communications systems, including MCSO Astro Digital SmartZone 800 MHz IntelliRepeater system, Monroe County Fire/Rescue UHF conventional communications system, and Monroe County Public Works/Social Services VHF conventional system, B, Acting as final decision maker for communications systems, designs, purchases, training, and maintenance for present and future technologies; subject to restrictions of slalute and Ihis Agreement. ,~ , \ C, Serving as designated representative to municipal, county, state and federal agencies tasked with implementing Department of Homeland Security requirements involving communication on the County's behalf. D. Serving as the designated representative to municipal, county, state, and federal agencies tasked with implementing interoperability requirements involving communication on the County's behalf, E. Supervising federally required rebanding of 800 MHz public safety frequencies, F. Acting as decision maker for all radio and structural engineering issues pertaining to the operation, maintenance, and loading of all towers and emergency communication equipment; subject to restrictions of statute and this Agreement. G. Acting as decision maker regarding design, purchase, maintenance and training of 91] system technologies for MSCO, Key West Police Department and Ocean Reef Public Safety Department, F, Communicate with COUNTY through County Attorney or her designee with regard to any contract issues, or contract compliance issues which arise or may arise in the future in the implementation and maintenance of this Agreement. 3. FUNDING ( \. The funding for this Interlocal Agreement shall be as follows: . A. COUNTY retains exclusive authority to impose rates, to determine the rate, to collect and to disburse 911 funds received under Florida Statute ~365.171. The "911" fees pursuant to Florida Statute ~~365,1 71,365.172, and 365,173 shall be administered by the MCSO as set lorth in statute and in accordance with this Agreement. Initial transfer of the fund balance shall be accomplished in the following manner. An estimated fund balance shall be transferred to the MCSO at the end of the month in which this Agreement is approved by the Board of County Commissioners and the remainder shall be transferred following an the completion of the annual audit performed by the external auditor or as soon as practicable thereafter. Subsequent transfers of the annual recutTing revenues shall be done on a quarterly basis within 30 days of receipt by the Clerk from MSCO of the quarterly financial report of the receipts. expenses, and amounts to be carried fOlWard, as set forth in Section 6 D of this Agreement. B. County retains exclusive authority to collect and disburse funds received under Florida Statute ~3l8.2l (9), The fees from Florida Statute ~318,21(9) shall be administered by the MCSO as set forth in statute and must be used to fund County's participation in the intergovernmental radio communication program and in accordance with this Agreement, Initial transler of the fund balance shall be accomplished in the folLowing manner. An estimated fund balance shall be transferred to the MCSO at the end of the month in which this Agreement is approved by the Board of County Commissioners and the remainder shall be transferred following an the completion of the annual audit performed by the external auditor or as soon as practicable thereafter. Subsequent transfers of the annual recurring revenues shall be done on a quarterly basis within 30 days of receipt by the Clerk from MSCO of the quarterly financial report of the receipts, expenses, and amounts to be carried forward, as set forth in Section 6 D of this Agreement. C. Funding for County personnel who will become employees of MSCO under this Agreement shall be appropriated by the Board of County Commissioners in an amount approved by COUNTY as part of the MSCO budget and pursuant to Florida Statute ~30,50(l) which states "The sheriff shall requisition and the board of county commissioners shall pay him 2 ,'. \ or her, at the first meeting in October of each year, and each month thereafter, one- twelfth ofthe total amount budgeted for the office; provided, that at the first meeting in January of each year, the board shall, at the request of the sheriff, pay one-sixth of the total appropriated, and one-twelfth each month thereafter, which payments shall be not more than the total appropriatjon, Provided further that any part ofthe amount budgeted for equipment shall be paid at any time during the year upon the request of the sheriff." D. Monroe County's performance and obligation to pay under this contract, is contingent upon an annual appropriation by the BOCC, 4. EMPLOYMENT OF PERSONEL Personnel presently employed by County Emergency Communications Department and their positions presently funded in the current budget shall be transferred to the MCSO. The personnel shall retain their jobs and shall become employees of MCSO. They shall receive the same benefits and serve under the same regulations as other employees of the MCSO's Office, A. The MCSO shall employ a "9It" coordinator and may employ other employees as authorized under Florida Statutes ~365,171, these positions shall be funded as provided by statute. The person holding the "911" coordinator position may hold another position at the same time, so long as the duties and salary are distributed on a percentage of time basis so thaI the 911 fees support only that portion ofthe position directly related to the duties of"911" coordinator, 5. ADMINISTRATION OF TOWERS Administration and maintenance of the communication towers, conununications equipment (except the privately owned equipment as noted in Sections 9 and 10 of this Agreement), and personnel management for shall be the responsibility of the MCSO with the understanding that the communications shall be maintained for the benefit of the residents and visitors to Monroe County and that the purpose of this Agreement is to insure the continued functioning of the communications systems, especially the 911 and related systems on a continual and uninterrupted basis. 6. ADMINISTRATION OF 911 FEES ( ........ All 911 funds shall be received and deposited in the Office of the Clerk of Court and shall be placed in an interest bearing account. The Funds shall be distributed to MSCO by the Clerk on a quarterly basis, starting within 30 days of the execution by all parties under the following conditions: A MCSO acknowledges that the 911 fees shall be administered in strict compliance with Florida Statutes 99365.171,365.172,365,173, and other relevant statutes. B. MCSO shall establish a separate interest bearing account to be used exclusively for receipt and expenditure of "911 " fee revenues; all fees shall be placed in said fund. along with any interest accrued thereupon, Fees and interest shall be used solely for "911" costs described by statule, C. MSCO shall employ a "911" coordinator as provided by statute, MSCO agrees thallhe Chief Financial Officer of the MSCO shall be responsible for the handling of "911 " fees; and shall be available al all times to answer funding inquiries from the Clerk of Court and! or the Board of County Commissioner regarding the receipt and distribution of any item(s) from "911" fee revenues. D. MSCO shall submit to the Clerk a quarterly financial report of the receipts, expenses, and amounts to be carried forward. The report should include verification that 3 ( '- expenditures were eligible under the terms ofthis agreement and under all applicable laws. A tinal report shall be made at the erid of the term of this Agreement or upon Termination of the Agreement in the same manner as the quarterly report and including all the receipts and disbursements during the entire term of the Agreement and shall be submitted within ~ 45 days of the date the Agreement ends or is terminated by either party. The quarterly report and the annual report should include the following certification: "I certify that, to the best of my knowledge and belief, the expense statement submitted is correct and that all expenses were made in accordance with the Agreement with Monroe County and with Florida Statutes and that no expenses have been submitted in previous statements." The certification should be signed by the chief financial officer of the MSCO, E. MSCO shall keep such records and accounts as may be necessary in order to rccord complete and correct entries as to any income, expenditure and amounts to be carried forward, The Clerk of Courts shall arrange for an audit to be performed on the account on a yearly basis and said audit may be included in the annual audit of the County and Constitutional officers. F, MSCO acknowledges that "911" fee revenues shall not be used to pay for any item not listed in the statute, including, but not limited to, any capital or operational costs for emergency responses which occur after the call transfer to the responding public safety entity, including the MCSO, and the costs for constructing buildings, leasing buildings, maintaining buildings, or renovating buildings, except for those building modifications necessary to maintain security and environmental integrity of the Public Safety Answering Point(PSAP) and "911" equipment rooms. G, Florida Statute ~365,171 contemplates that there may be unspent moneys in the fund. MCSO agrees to administer any funds carried forward as specified in statute, In no event shall MCSO carry forward more than 10 percent of the 911 fee billed for the prior year. MSCO shall notify COUNTY in its quarterly financial report, and annual report specifically the amount of money to be carried forward, and the percentage of the 911 fee for the prior year that said amount represents. The MSCO shall be responsible for documenting any carry over and for drafting any resolution to be presented to the Board of County Commissioners, Any resolution shall express the purpose of the carryover andlor the reason for adoption of a capital improvement program identifying projected expansion or replacement expenditures for 911 equipment and servicc features, or both, as strictly set forth in statute, Any approval for carry over, capital improvement expenditure, as well as any increase in 911 fees shall remain the responsibility of the Board of County Commissioners. A request to increase in fees shall comply with 365,171 (13), H, MSCO shall continue to pay on behalf of COUNTY out of 91] fees on all leases, purchases of equipment, or other agreements that have been traditionally paid from the 911 fees in the past. COUNTY and MSCO and CLERK shall work together to ensure that all payments and obligations presently paid from 911 fees will continue to be paid from those fees so that COUNTY will not be left with payments which were traditionally paid from, or which should be paid from, 911 fees after the transfer of the funds to MSCO. I. Nothing in this Agreement is intended to be inconsistent with current law and statute; if an inconsistency of any kind develops, either through interpretation or through change in the applicable law or statute, the then current statute shall control. 7. ADMINISTRATION OF FLORIDA STATUTE 6318.21(91 All funds under Florida Statute ~3l8.21 (9) shall be received and deposited in the Office of the Clerk of Court and shall be placed in an inlerest bearing account. The Funds shall be distributed to MSCO by the Clerk on a quarterly basis, starting within 30 days of the execution by all parties under the following conditions: 4 A. MCSO acknowledges that the fecs shall be administered in strict compliance with Florida Statutes 9318.21 (9), B. MCSO shall establish a separate interest bearing account to be used exclusively for receipt and expenditure of Florida Statutes 9318.21(9) fee revenues; all fees shall be placed in said fund, along with any interest accrued thereupon. Fees and interest shall be used solely to fund the County's participation in intergovernmental radio communication program described by Florida Statutes 9318.21 (9). C. MSCO agrees that the Chief Financial Officer of the MSCO shall be responsible lor the handling of Florida Statutes ~318.21 (9) fees; and shall be available at all times to answer funding inquiries Irom the Clerk of Court and/or the Board of County Commissioner regarding the receipt and distribution of any item(s) from Florida Statutes 9318.21 (9) fee revenues, D, MSCO shall submit to the Clerk a 'quarterly financial report of the receipts, expenses, and amounts to be carried forward. The report should include verification that expenditures were eligible under the terms of this agreement and under all applicable laws. A final report shall be made at the end of the tenn of this Agreement or upon Tennination of the Agreement in the same maJ1l1er as the quarterly report and including all the receipts and disbursements during the entire tenn ofthe Agreement and shall be submitted within 45 days of the date the Agreement ends or is tenninated by either party, The quarterly report and the aJ1l1ual report should include the following eertification: "I certify that, to the best of my knowledge and beliel: the expense statement submitted is correet and that all expenses were made in accordance with the Agreement with Monroe County and with Florida Statutes and that no expenses have been submitted in previous statements," The certification should be signed by the Chief Financial Officer of the MSCO. E. MSCO shall keep such records and accounts as may be necessary in order to record complete and correct entries as to any income, expenditure and amounts to be carried lorward. The Clerk of Courts shall arrange for an audit to be performed on the aceount on a yearly basis and said audit may be included in the aJ1l1ual audit of the County and Constitutional officers. F, MSCO acknowledges that Florida Statutes 9318.21(9) fee revenues shall not be used to pay for any item not contemplated in the statute. The statute states "Twelve dollars and fifty cents from each moving traffic violation must be used by the county to fund that county's participation in an intergovernmental J'lldio communication program approved by the Department of Management Services, If the county is not participating in such a program, funds collected must be used to fund local law enforcement automation and must be distributed to the municipality or special improvement district in which the violation occurred or to the county if the violation occurred within the unincorporated area of the county," G, MSCO shall continue to pay on behalf of COUNTY out of ~318.21(9} fee revenue, on all leases, purchases of equipment, or other agreements that have been traditionally paid from these fees in the past. COUNTY and MSCO and CLERK shall work together to ensure that all payments and obligations presently paid from these fees will continue to be paid from those fees so that COUNTY will not be left with payments which were traditionally paid from, or which should be paid from, 9318.21(9) fee revenues after the transfer of the funds to MSCO. H. Nothing in this Agreement is intended to be inconsistent with current law and statute; ifan inconsistency of any kind develops, either through interpretation or through change in the applicable law or statute, the then current statute shall control. 5 8. TERMINATION OF AGREEMENT COUNTY may terminate this Agreement without cause upon affirmative majority vote of the Board of County Commissioners which action shall serve as formal notice to the MCSO of inlent to terminate the Agreement one hundred and eighty (180) days from the date oflhe vote. MSCO may terminate this Agreement without cause by giving COUNTY written notification of intent to ternlinate one hundred and eighty (180) days from the date of such notice; notice from MSCO shall be by certified mail. COUNTY or MSCO may terminate this Agreement for cause by giving the other party written notification of a breach, providing seven (7) days from the date of such notice for the other party to cure, an if not cured, giving an additional thirty (30) days written notice of termination of this Agreement. Both parties agree that they will work together in the case of termination to provide a smooth transition of service, persormel, funds, and equipment. 9. CONTRACTS WITH PRIVATE COMPANIES c This Agreement does not apply to the maintenance and operation of any of the privately owned and operated equipment which is presently located on any of the towers, All leases or contractual agreements with private companies, governmental agencies or division of the State, Federal or local governments shall not be affected by this Agreement, and shall remain in full force and effect. MSCO shall honor said agreements, including but not limited to, agreements between COUNTY and Bell South. MSCO and COUNTY shall coordinate with each other regarding these contracts. A. COUNTY and MSCO agree that when MSCO takes over the County Emergency personnel that COUNTY may no longer have the ability to handle certain disputes, therefore, if any technological, contractual, operational or other issues arise between MSCO and the private owners or their equipment then MSCO shall inunediately contact the County Administrator in writing. The writing shall describe the issue, the parties to the issue, how they can be contacted and the contract involved, B. County Administrator shall make the deternlination of whether the issue should be handled by MSCO or by COUNTY, both parties agree to abide by the County Administrator's determination, and agree to assist each other to resolve Ihe issue, 10. CONTRACTS WITH OTHER AGENCIES AND MUNICIPALITIES COUNTY recognizes that the present Emergency Communications Division is also providing contract maintenance services to the City of Marathon under existing contract; and is providing ongoing contract coordination with outside agencies including NOAH to assist with the inslallalion and maintenance of government and public safety radio systems, MCSO will continue to provide the contract maintenance services to the City of Marathon under existing contract; and will continue to provide ongoing contract coordination with outside agencies including NOAH to assist with the installation and maintenance of government and public safety radio systems, It is the not intent oflhis agreement to interfere with those contracts. II. RECORDS - ACCESS AND AUDITS ( All parties shall maintain adequate and complete records during the term of the Agreement and for a period of four years after termination of this Agreement. The COUNTY, and their officers, 6 ( \ employees, agents, and/or designees shall have access to the MSCO's books, records, and documents related to this Agreement at any time during nonnal business hours upon request. The Clerk of Courts shall have the right to examine such records and accounts at any time during nom,al business hours upon request; ifthe Clerk of Courts requires copies of any records or accounts he shall advise the MCSO in writing oflhe documents to be copied and MCSO shall have five (5) business days to comply, 12, TRANSFER OF EOUlPMENT AND ASSETS ( '~ Certain tixed assets belonging to COUNTY have been purchased by COUNTY and have been used by COUNTY Emergency Communications, A, A Fixed Asset Listing for Fiscal Year 2006 is attached hereto and made a part hereof as EXHIBIT C. Said assets shall be transterred from COUNTY to MSCO by operation of this Agreement. [fthis agreement is terminated for any reason the assets on MSCO's invenlory shall be transFerred back to COUNTY from MSCO along with any further assets purchased with 911 fees or ~318,21 (9) Fees, B, Ownership of to the following assets on the Fixed Asset Listing For Fiscal Year 2006 shall be transferred from COUNTY to MSCO, COUNTY shall provide the necessary documents to transfer ownership from COUNTY to MSCO, MSCO shall provide insurance for the assets beginning on the dale of transfer: Asset Id # Descriptive Information I. 2349 2000 Chevrolet Van with light Bar #IGCFG25M6Yl112322 2, 2395 2000 Ford Windstar Van #2FTZA5449YBC98928 3, 2431 1977 18 Wheeler Trailer manufactured by Great Dane #80242 4, 5142 2006 Ford E-250 Van #[FTNE24WX6HA87871 C COUNTY and MSCO shall work together 10 facilitate the transfer of ownership From COUNTY to MSCO, including the drafting of any documents necessary for said transfer. 13. NON-DISCRIMINATION MCSO and COUNTY agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, Ihis Agreement automatically terminates without any further action on the part of any party, effective the date ofthe court order. MCSO and COUNTY agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination, These include but are nol limited to: I) Title VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis oFrace, color or national origin; 2) Title IXofthe Education Amendment of I 972, as amended (20 USC ss. 1681-1683, and 1685- 1686), which prohibits discrimination on the basis of sex: 3) Section 504 of the Rehabilitation Acl of 1973, as amended (20 USC s, 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss, 6101.6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92- 255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss, 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patent records; 8) Title VIIl of the Civil Rights Act of 1968 (42 USC s. et seq.). as amended, relating to nondiscrimination in the sale, rental or t1nancing of housing; 9) The Americans with Disabilities Aet of 1990 (42 USC s. 1201 Note), as maybe amended from time to time, relating to nondiscrimination on the basis of disability; 10) Monroe COUNTY Code Ch. 13, Art. VI, 7 prohibiting discrimination on the bases of race, color, sex, religion, disability, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; and 11) any other nondiscrimination provisions in any rederal or state statutes which may apply to the parties to, or the subject matter ot~ this Agreement. 14. COVENANT OF NO INTEREST COUNTY and MCSO covenant that neither presently has any interest, and shall not acquire any interest, which would contlict in any matmer or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. 15. CODE OF ETHICS COUNTY agrees that ofticers and employecs of the COUNTY recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting emplo>:ment or contractual relationship; and disclosure or use of certain infonnation, 16. NO SOLlCITATIONIPAYMENT ( ~ The COUNTY and MCSO warrant that, in respect to itself. it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the MCSO agrees that the COUNTY shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration, 17. PUBLIC ACCESS COUNTY and MCSO shall allow and pennit reasonable access to, and inspection of, all documents, papers, letters or other materials in its possession or under its control subject to the provisions of Chapter ] 19, Florida Statutes, and made or received by the COUNTY and MCSO in conjunction with this Agreement; and the COUNTY shall have the right to unilaterally cancel this Agreement upon violation of this provision by MCSO, 18. LEGAL OBLIGATIONS AND RESPONSIBILITIES This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, ilOr shall it be construed aSj authorizing the delegation of the constitutional or statuto!)' duties of COUNTY or MCSO, except to the extent pennitted by the Florida constitution. state statute, and case law. ( '. 8 ( 19. HOLD HARMLESS AND INDEMNIFICATION COUNTY and MSCO are political subdivisions of the State of Florida and are covered under Chapter 768,28. F.ach agrees to be fully responsible for acts and omissions of their agents or employees to the extent penllilled by law. Nothing herein is intended to serve as a waiver of sovereign immunity by any party to which sovereign immunity applies. Nothing herein shall be construed as consent by either party to be sued by third parties in any matter arising out of this Agreement, 20. NON-RELIANCE BY NON_PARTIES No person or cntity shall be entitled to rely upon the tenus, or any of them, of this Agreement to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or program contemplated hereunder, and the COUNTY and the MCSO agree that neither the COUNTY nor the MCSO or any agent, officer, or employee of either shall have the authority' to infonu, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general odor the purposes contemplated in this Agreement. 21. NO PERSONAL LIABILITY ( No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, oflicer, agent or employee of COUNTY or MCSO in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 22, EXECUTION IN COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. 23. SECTION HEADINGS Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of allY provision of this Agreement. 24. ASSIGNMENT Neither party assigns this Agreement or assign or subcontract any of its obligations under this Agreement without the approval of the MONROE COUNTY BOARD of COUNTY COMMISSIONERS. All the obligations of this Agreement will extend 10 and bind the legal representatives, successors and assigns of MCSO and the COUNTY. 25. SUBORDINATION ( This Agreement is subordinate to the laws and regulations of the United States, the State of Florida. and Monroe County, whether in effect on commencement of this Agreement or adopted after that date. 9 ( 26. INCONSISTENCY If any item, condition or obligation of this Agreement is in conflict with other items in this Agreement, the inconsistencies shall be construed so as to give meaning to those terms which limit the COUNTY'S responsibility and liability. 27, ETHICS CLAUSE MCSO warrants that it has not employed, retained or otherwise had act on its behalf any former COUNTY officer or employee subject to the prohibition of Section 2 of ordinance No, 010-1990 or any COUNTY officer or employee in violation of Section 3 of Ordinance No, 010-1990. For breach or violation of this provision, the COUNTY may, in its discretion, terminate this Agreement without liability.and may also, in its discretion, deduct from the Agreement or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift or consideration paid to the fOImer COUNTY officer or employee. 28. CONSTRUCfION ( This Agreement has been carefully reviewed by MCSO and the COUNTY. Therefore, this Agreement is not 10 be construed against any party on the basis of authorship, 29. NOTICES Notices in this Agreement, unless otherwise specified, must be sent by certified mail to the following: COUNTY: County Administrator 1100 Simonton Street Key West, FL 33040 MCSO: Chief Bureau of Administration Monroe County Sheriff Office 5525 College Road Key West, FL 33040 And And County Attorney P.O. 1026 Key West, FL 33041-1026 911 Coordinator Monroe County Sheriff Office 5525 College Road Key West, FL 33040 . REMAINDER OF THIS PAGE LEFT INTENTIONALLY BLANK- 10 ~ ( 30. FULL UNDERSTANDING This Agreement is the parties' final mutual understanding, It replaces any earlier agreements or understandings, whether written or oral. This Agreement cannot be modified or replaced except in a written amendment duly executed by both parties. 31. EFFECTIVE DATE This Agreement will take effect upon passage by the Monroe County Board of Commissioners and execution by both parties. (SEAL) Attest: DANNY L. KOLHAGE, Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Deputy Clerk By: Mayor Mario DiGennaro Date: Date: c Witness: MONRO COUNTY SHEKil' OFFIC : By:' If) Monroe County Sheriff, Richard Roth Date: I ,J.-! ,-tlo f1, . r Witness to Sheriff: Print Name Date: MONROE COUNTY ATTORNEY PROVED AS TO 0 "h. ", F NATILEENE W. CA SEL ASSISTANT COUNTY ATTORNEY Olt. /.>. - 4 -oti, c SHERIff'S OfflCE MONROE COI.JN'I'(j:lOAIDA .RPI.'RO 'VED AS TO FOAM: ~/~ ~~ mlAK L WllUS ~l~l DATE ' 26> e~ 0> II A SUB..lITATI~ Freem<t11 Sl!b~t;lrio~; 209S0 Oveacas Hwy. Cudjoe Key, FL 33042 (305) 74S.3l84 FAX (305) 745.376l MaratOOIlSub$\atiQf; 31030vel'$ell$Hwy. Mantbon, FL 3305() (305) 289.2430 FAX {30S) 289-2497 !sI2ffiOradaSub$tatkn 37000 Overseas Hwy. lslamonda, FL.33036 (JOS) 8S3-7021 FAX (30~) 853.9372 Roth Building. 50 High Point Road Tavernier. FL 33070 (305) 853-3211 FAX (305) 853-3205 :Monroe Count!! Sheriffs Office 'l(jcliara'lJ. 'Rpth, SlUriff 5525 Coffege !Il.9arf 'Xfy WestSforirfa 33040 (305) 292-7(}(x} :JJV(: (305) 292-7070 1-8(X)..27J..COPS www.f:!ysso.net Tropical Tower 12185 SW 13200 CT Miami, F133186-6469 October 1, 2007 Greetings, Monroe County Sheriffs Office-Emergency Communications Department is requesting that your company, Tropical Tower, submit a quote for the removal of a Rohn Model "C" 200' tower, that is located at the Monroe County Courthouse, Library and MCSO Substation property in Marathon, Florida. Upon the approval of the Board of County Commissioners or County Administrator, we are prepared to expeditiously remove this tower to protect our citizens and employees from any impending hazards due to its deteriorated state. DETENTION CENTERS Please provide us with a quotation/proposal that includes the following: Key West Del. Cemer 5501 College Road Key West, FL 33040 (305) 293-7300 FAX (305) 293-7353 Marathon Det. Facility 39&1 Ocean Temcc Marathon, FL 33050 (305) 289-2420 FAX (305) 289.2424 Plantation Det. Facility 53 Hlg.h Pornl Road Plantation Key, FL 1307Q (305) 853-3266 FAX (305) 853-3270 1. The complete tower structure, as well as attached antennas, mounts, wires, lines, lights, etc.. .are to be included in the demolition. 2. How and what equipment will be used to "unstack" the tower. 3. Mter demolition, the above structure and its associated trash are to be hauled away as part of the job. 4. Proof of liability insurance at the terms and conditions specified by Monroe County are to be provided by the contractor. Furthermore, the next BOCC meeting is October 17, 2007, It would be helpful if you could SPECIAL OPERATIONS provide some dates that your crew might be available during the month of October and ~~::'~~~:050 early November. Obviously a weekend would be most helpful to our court system; (30S) 289-2410 however, we will present your available dates to the County Administrator or BOCC, FAX (305) 289.'498 d d h '11 ak th I . d .. I th gh that epen ant on W 0 WI m e e u timate etenmnation, want to note, ou we are aware that you have to continue to conduct your business and that these dates are in no way "concrete". They are just a possibility until such a time that we obtain approval of both the removal of the tower, and a contractor has been awarded the job and an agreement has been completed and signed. (Note: Fantasy Fest kicks off October 191h with the Parade being on October 27~ AVIATION DrvlSION JOIOOOverseas Hwy. Maramon.FL330SO (305) 289-2777 FAX (305) 289-1776 COMMUNICATIONS 2796 Overseas Hwy. Marathon. FL 33050 (305) 289-2351 FAX (305) 289-2493 . . f. Thank you for your time in this matter and we look forward to receiving your information, as always you may call to discuss this and any other communications issues with us, Regards, d~d.- ..l.0h'7te Laura White Momoe County Sheriffs Office Emergency Communications Breit's Tower Service, Inc (Quote Request) Charles W. Breit President 4720 SW 75th Ave. Miami, FL. 33155 Established 1952 Telephone 305-261-1272 Fax 305-261-6775 September 29, 2007 Attn: Ms. Laura White Breit's Tower Service, Inc. will furnish labor to complete the following scope of work: Remove all antennas, brackets and lines from the 200' Robn tower at the courthouse location. We will dismantle the tower using a gin pole to 100' level then use a crane to lower the rest. The tower will be cut into 10' pieces and removed from the premises and discarded to the county waste station on Long Key. All guy wires will be removed also. The anchor rods will be cut below ground level. Attached is a copy of our liability insurance. The total job should take three day. We can remove the antennas and lines on a Friday and dismantle the tower on the weekend. The total price: $12,000.00 Prices valid for 60 days. Sincerely, Charles W. Breit www.sunbiz.org - Department of State Page 1 of2 Home Contact Us E-Filing Services Document Searches Fonns Help PreviolJJi.pn Li!il No Events Next on_List No Name History Return To List Entity Name Search .", .__~__ __"__'~'" _'~ _.-", _~._'~_"'_ ~._'.""_~.'C'~'<'__'_ _ __"'_'~ c._~..~~..~_<"~_.._.~_~,.~~..."~=_~_",~_~~",-",, ~ _,.~_ _~" ._._."__'.c._~_.."..~._~..., Detail by Entity Name Florida Profit Corporation BREIT'S TOWER SERVICE, INC. Filing Information Document Number 617631 FEI Number 591936824 Date Flied 04/17/1979 State FL Status ACTIVE Principal Address 4720 SW 75 AVE MIAMI FL 33155 Changed 01114/2000 Mailing Address 4720 SW75 AVE MIAMI FL 33155 Changed 01114/2000 Registered Agent Name & Address BREIT. CHARLES W 4720 SW75 AVE MIAMI FL 33155 US Name Changed: 01114/2000 Address Changed: 01114/2000 Officer/Director Detail Name & Address Title STM BREIT. AERIS DEE 34 GARDEN MALL CT. INGLIS FL 34449 TitieVP BREIT, CHARLES E. 34 GARDEN MALL CT. INGLIS FL 34449 HlePD BREIT, CHARLES W. 4720 SW 75TH AVENUE http://www.sunbiz.orglscriptsJcordet.exe?action=DETFIL&in~ doc _ number=617631 &inq... 10/5/2007 ,--vww.sunbiz.org - Department of State Page 2 of2 MIAMI FL TitleD MAGRAM,GARY 9700 S DIXIE HWY MIAMI FL Annual Reports Report Year Filed Date 2005 01/19/2005 2006 03/1712006 2007 03/05/2007 Document Images 03/05/2007.= ANNU,^,L REPORT 03/17/2006.:::.ANNUAL REPORT 01/19/2005 ANNUAL REPORT 01123/2004.::: ANNUAL REPORT 01/27/2003 - Ar-j)llUAL REPORT ~~3jJ2002~&NNUALREPORT 01/23/2001 ANNUAL REPOR1 01/14/2000 ANNUAL REPORT Q2/23/1999 ANNUAL REPQRT 01/30/1998 - ANNUAL REPORT 02/21/1997 ANNUAL REPORT 02/0\1/1996 - ANNU.AL REPORT 0-1/06/1995 ..ANNUAL REPORT Note: This is not official record. See documents if question or conflict. I . ,,-'"~--~~- ,.,- .. - -~-----~-_.~;""'.~--=~._~~,--_._~" Home Contact us Document Searches E-Filing Services Forms Help Copyright and Privacy Policies Copyright @ 2007 State of Florida, Department of State. http://www.sunbiz.orglscripts/cordet.exe?action=DETFIL&in<Ldoc _ number=617631&inq... 10/5/2007 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: October 17. 2007 Division: Momoe COWlty Sheriff's Office Bulk Item: Yes No Department: Mike Rice Staff Contact PersonIPhone #: 797-0362 AGENDA ITEM WORDING: Approval of contract to remove the communications tower owned by the COWlty and located at the site of the Marathon Courthouse due to structural damage. ITEM BACKGROUND: The cost of the removal is $12, 000.00 which will be paid for from the MCSO budget. This project did not go out to bid due to the potential for danger to the public. Instead the Communications Department of the MSCO received quotes, this is the lowest quote received. The communications tower at the Marathon Courthouse has been inspected by the engineering firm of Pate Engineering, Inc. The tower base and some supporting structures are corroded to the point that the engineer recommends that the tower be removed. The engineering firm does not believe the tower will withstand a local storm or a Class I Hurricane. This tower is approximately 200 feet tall, is supported by guy wires. It is a very old tower and it is located near the Marathon Courthouse, the Marathon Library, the Sheriff's Substation and adjacent parking. PREVIOUS RELEVANT BOCC ACTION: In December 2006 the BOCC and MCSO entered into an Interlocal Agreement for consolidation and management of the Emergency Communications. As a result of that agreement certain personnel, funds, and equipment were transferred to MCSO, with the BaCC retaining certain authority. CONTRACT/AGREEMENT CHANGES: None STAFF RECOMMENDATIONS: APPROVAL TOTAL COST: $12.000.00 BUDGETED: Yes ~ No As part of MSCO BUDGET COST TO COUNTY: 0 SOURCE OF FUNDS: MCSO Communications bude:et REVENUE PRODUCING: Yes ~ J)9' _ AMOUNT PER MONTH_ Year APPROVED BY: County Atty ~ OMBlPurchasing.A- Risk Management x... DOCUMENTATION: Included X Not Required_ DIsPosmON: AGENDA ITEM # ~ ~ j.t MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Breit's Tower Service,Inc Contract #_ Effective Date: Expiration Date: Contract Purpose/Description: To demolish and remove the communications tower located on the Marathon Courthouse Property Contract Manager: Mike Rice 797 -0362 MCSO (Name) (Ext. ) (Department/Stop #) for BOCC meeting on Oct.1 7,2007 Agenda Deadline: CONTRACT COSTS Total Dollar Value of Contract: $ Budgeted? Yes[2J No 0 Account Codes: Grant: $ Current Year Portion: $ NA- - - - ----- From MCSO Interagency Communications Fund.-_-_-_-_ County Match: $ 0 - - - - ----- - - - - ----- Estimated Ongoing Costs: $Q/yr (Not included in dollar value above) ADDITIONAL COSTS For: (eg. maintenance, utilities, janitorial, salaries, etc.) CONTRACT REVIEW Division Director Changes Date In Needed /opo/c? YesD No {if (0-07 YesDN~ YeSDNOD_liPc ~~~.IL>I 10-9-07 YesDNo[gJ ~~IJ{JJ.~fJ E COUNTY SHERIFF'S OFFICE Date Out Review r I I /0/10/01 -(0-0 7 Risk Management O.M.B./Purchasing County Attorney Comments: AGREEMENT BETWEEN MONROE COUNTY AND BREIT'S TOWER SERVICE TO REMOVE COMMUNICATION TOWER AT MARATHON COURTHOUSE This Agreement is made and entered into this day of , 2007, between MONROE COUNTY, FLORIDA ("COUNTY"), a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040, the MONROE COUNTY SHERIFF'S OFFICE C'MCSO"), MONROE COUNTY SHERIFF'S OFFICE (MCSO), a political subdivision of the State of Florida, whose address is 5525 College Road, Key West, Florida 33040, and BREIT'S TOWER SERVICE, INC, ("CONTRACTOR"), a Florida Corporation, whose address is 4720 SW 75th Avenue, Miami, FL 33155, who are the parties to this agreement. WHEREAS, the COUNTY and the MCSO have entered into an Interlocal Agreement for Consolidation and Management Of Emergency Communications, which pertains to various communications towers located in the Florida Keys; and WHEREAS, Both COUNTY and MCSO agree that the communications tower located on the property owned by COUNTY at the site of the Marathon Courthouse is in a corroded condition and should be removed as soon as possible; and WHEREAS, Both COUNTY and MCSO desire to remove the communications tower at the Marathon Courthouse, an opinion confirmed by an engineering report done by Pate Engineering, Inc. which stated that "'It is my opinion that it (the tower) would not survive a local storm or Class 1 hurricane and WHEREAS, CONTRACTOR desires and is able to provide the equipment and expertise to accomplish the removal; and WHEREAS, it serves a legitimate public purpose to remove the tower due to its location near various public buildings including the Courthouse, library, Sheriff's substation, now therefore, IN CONSIDERDATION of the mutual promises and covenants contained herein, it is agreed as follows: 1. THE AGREEMENT The Agreement consists of this document only. 2. SCOPE OF THE WORK CONTRACTOR agrees to remove all antennas, brackets, lines, and guy wires from the Rohn tower which is approximately 200 feet tall, to dismantle the tower using a gin pole 1 to the 100 foot level, then using a crane to lower the remainder of the tower, the tower will be cut into 10 foot pieces and removed from the premises and discarded at the county waste station at Long Key. MCSO will be provided with an invoice from Solid Waste and the invoice will be paid to Solid Waste by MCSO from the Interagency Communications Fund. The anchor rods for the tower will be cut below the ground level. CONTRACTOR is responsible for all labor and equipment to remove the tower in a safe and responsible manner. 3. PAYMENTS TO CONTRACTOR A. CONTRACTOR shall submit to Meso invoices with supporting documentation upon completion of the work and acceptance of the work by MCSO. B. Total Compensation to CONTRACTOR under this Agreement shall not exceed Twelve Thousand dollars and no cents ($12,000.00). C. The payment for the work shall come from funds transferred to MCSO from COUNTY under the Interlocal Agreement for Consolidation and Management of Emergency Communications between COUNTY and MCSO, specifically the Interagency Communications Fund. D. Expenses for travel, lodging, per diem and other authorized expenses are included in the contract price. 4. TERM OF AGREEMENT This Agreement shall commence on the execution of the agreement by all parties, and ends upon completion of the work on or before the last day of November, 2007, unless terminated earlier under paragraph 18 of this Agreement. 5. ACCEPTANCE OF CONDITIONS BY CONTRACTOR CONTRACTOR has, and shall maintain throughout the term of this Agreement, appropriate licenses. Proof of such licenses and approvals shall be submitted to the COUNTY one week prior to removal of the tower. 6. FINANCIAL RECORDS OF CONTRACTOR CONTRACTOR shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Each party to this Agreement or their authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for four years following the termination of this Agreement. If an auditor employed by the COUNTY or Clerk determines that monies paid to CONTRACTOR pursuant to this Agreement were spent for purposes not authorized by this Agreement, the CONTRACTOR shall repay the monies together with interest calculated pursuant to Sec. 55.03, FS, running from the date the monies were paid to CONTRACTOR. 2 7. PUBLIC ACCESS The COUNTY and CONTRACTOR shall allow and permit reasonable access to, and inspection of, all documents, papers, letters or other materials in its possession or under its control subject to the provisions of Chapter 119. Florida Statutes, and made or received by the COUNTY, MCSO and CONTRACTOR in conjunction with this Agreement. Exemptions to Public Access and Public Records Requests shall apply. COUNTY shall have the right to unilaterally cancel this Agreement upon violation ofthis provision by CONTRACTOR. 8. HOLD HARMLESS AND INSURANCE CONTRACTOR covenants and agrees to indemnify and hold harmless COUNTY and MCSO from any and all claims for bodily injury (including death), personal injury, and property damage (including property owned by Monroe County) and any other losses, damages, and expenses (including attorney's fees) which arise out of. in connection with. or by reason of services provided by CONTRACTOR occasioned by the negligence. errors. or other wrongful act of omission of CONTRACTOR, its employees, or agents. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. Failure of CONTRACTOR to comply with the requirements of this section shall be cause for immediate termination of this agreement. Prior to execution of this agreement, CONTRACTOR shall furnish the COUNTY and MCSO Certificates of Insurance indicating the minimum coverage limitations in the following amounts: WORKERS COMPENSATION AND EMPLOYER'S LIABILTIY INSURANCE. Where applicable, coverage to apply for all employees at a minimum statutory limits as required by Florida Law. COMPREHENSIVE AUTOMOBILE VEHICLE LIABILITY INSURANCE. Motor vehicle liability insurance, including applicable no-fault coverage, with limits of liability of not less than $1.000.000.00 per occurrence, combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage shall include all owned vehicles, all non-owned vehicles, and all hired vehicles. COMMERCIAL GENERAL LIABILITY. Commercial general liability coverage with limits of liability of not less than $2.000.000.00 per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. . _ __ _ _ _ _ _ __ _ _3____ _._ _ _ _ CERTIFICATES OF INSURANCE. Original Certificates of Insurance shall be provided to the COUNTY at the time of execution of this Agreement and certified copies provided if requested. Each policy certificate shall be endorsed with a provision that not less than thirty (30) calendar days' written notice shall be provided to the COUNTY before any policy or coverage is canceled or restricted. The underwriter of such insurance shall be qualified to do business in the State of Florida. If requested by the County Administrator, the insurance coverage shall be primary insurance with respect to the COUNTY, its officials, employees, agents and volunteers. WORKERS COMPENSATION INSURANCE. Contractor shall maintain at all times Workers' Compensation insurance in amounts required by law. 9. NON-WAIVER OF IMMUNITY Notwithstanding the provisions of Sec. 286.28, Florida Statutes, the participation of COUNTY, MCSO and CONTRACTOR in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any Agreement entered into by the COUNTY be required to contain any provision for waiver. 10. INDEPENDENT CONTRACTOR At all times and for all purposes under this agreement CONTRACTOR is an independent contractor and not an employee of COUNTY or MCSO. No statement contained in this agreement shall be construed so as to find CONTRACTOR or any of his employees, subs, servants, or agents to be employees of COUNTY or MCSO. 11. NONDISCRIMINATION COUNTY, MCSO and CONTRACTOR agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. COUNTY, MCSO or CONTRACTOR agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88- 352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681- 1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 610 1- 6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as 4 amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee- 3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as maybe amended from time to time, relating to nondiscrimination on the basis of disability; 10) Any other nondiscrimination provisions in any Federal or state statutes which may apply to COUNTY and CONTRACTOR to, or the subject matter of, this Agreement. 12. ASSIGNMENT/SUBCONTRACT CONTRACTOR shall not assign or subcontract its obligations nnder this agreement to others, except in writing and with the prior written approval COUNTY and MeSO, approval shall be subject to such conditions and provisions as COUNTY and MCSO Any approved Subcontractor shall carry the same insurance amonnts as the CONTRACTOR and shall provide proof of insurance in the same manner as the CONTRACTOR. This paragraph shall be incorporated by reference into any assignment or subcontract and any assignee or sub shall comply with all of the provisions of this agreement. Unless expressly provided for therein, such approval shall in no manner or event be deemed to impose any additional obligation upon the board. 13. COMPLIANCE WITH LAW AND LICENSE REQUIREMMENTS In providing all services/goods pursuant to this agreement, CONTRACTOR shall abide by all statutes, laws, ordinances, rules and regulations pertaining to, or regulating the provisions of, such services, including those now in effect and hereinafter adopted. Compliance with all statutes, laws, ordinances, rules and regulations includes, but is not limited to, the immigration laws of the Federal and State government. Any violation of said statutes, ordinances, rules and regulations shall constitute a material breach of this agreement and the agreement shall entitle the Board in its discretion to tenninate this Agreement immediately. CONTRACTOR shall possess proper licenses to perform work in accordance with these specifications throughout the term of this Agreement. 14. DISCLOSURE AND CONFLICT OF INTEREST CONTRACTOR represents that it, its directors, principles and employees, presently have no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required by this contract, as provided in Sect. 112.311, et. seq., Florida Statutes. COUNTY agrees that officers and employees of the COUNTY recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. 5 Upon execution of this contract, and thereafter as changes may require, the CONTRACTOR shall notify the COUNTY of any financial interest it may have in any and all programs in Monroe County which the CONTRACTOR sponsors, endorses, recommends, supervises, or requires for counseling, assistance, evaluation, or treatment. This provision shall apply whether or not such program is required by statute, as a condition of probation, or is provided on a voluntary basis. COUNTY and CONTRACTOR warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the CONTRACTOR agrees that the COUNTY and/or MeSO shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 15. NO PLEDGE OF CREDIT CONTRACTOR shall not pledge the COUNTY'S credit or make it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien, or any form of indebtedness. CONTRACTOR further warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of this contract. 16. NOTICE REOUlREMENT Any notice required or permitted under this agreement shall be in writing and hand delivered or mailed, postage prepaid, to the other party by certified mail, returned receipt requested, to the following: FOR COUNTY Mr. Tom Willi County Administrator 1100 Simonton Street Key West, Fl. 33041 FOR CONTRACTOR: Mr. Charles W. Breit 4720 SW 75th Avenue Miami, FL 33155 FOR MCSO Mr. Mike Rice Emergency Communications 1 0600 Aviation Blvd. Marathon, FL 33050 6 17. TAXES COUNTY is exempt from payment of Florida State Sales and Use taxes. CONTRACTOR shall not be exempted by virtue of the COUNTY'S exemption from paying sales tax to its suppliers for materials used to fulfill its obligations under this contract, nor is CONTRACTOR authorized to use the COUNTY'S Tax Exemption Number in securing such materials. CONTRACTOR shall be responsible for any and all taxes, or payments of withholding, related to services rendered under this agreement. 18. TERMINATION The COUNTY and MCSO may terminate this Agreement with or without cause prior to the beginning of the work, defined as the arrival of the CONTRACTOR and equipment at the location of the tower. 19. GOVERNING LAW. VENUE. INTERPRETATION. COSTS. AND FEES This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to Agreements made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the COUNTY, MeSO and CONTRACTOR agree that venue will lie in the appropriate court or before the appropriate administrative body in Monroe COUNTY, Florida. 20. MEDIATION The COUNTY, MCSO and CONTRACTOR agree that; in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of them the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. 21. SEVERABILITY If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement; shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent ofthis Agreement. The COUNTY, MCSO and 7 CONTRACTOR agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. 22. ATTORNEY'S FEES AND COSTS COUNTY~ MeSO and CONTRACTOR agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreemen4 the prevailing party shall be entitled to reasonable attomey~ s fees and court costs. Each party agrees to pay its own court costs, investigative, and out-of-pocket expenses whether it is the prevailing party or not, through all levels of the court system. 23. ADJUDICATION OF DISPUTES OR DISAGREEMENTS COUNTY, MCSO and CONTRACTOR agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of COUNTY, MCSO and CONTRACTOR. Ifno resolution can be agreed upon within 30 days after the first meet and confer session, the issue or issues shall be discussed at a public meeting of the Board of County Commissioners. If the issue or issues are still not resolved to the satisfaction of COUNTY, MCSO and CONTRACTOR, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. 24. COOPERATION In the event any administrative or legal proceeding is instituted against either party relating to the formation~ execution, performance, or breach of this Agreement, COUNTY, MCSO and CONTRACTOR agree to participate~ to the extent required by the other party, in all proceedings~ hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. COUNTY, MCSO and CONTRACTOR specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. 25. BINDING EFFECT The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of COUNTY, MeSO and CONTRACTOR and their respective legal representatives, successors~ and assigns. 26. AUTHORITY Each party represents and warrants to the other that the execution., delivery and performance of this Agreement have been duly authorized by all necessary COUNTY and corporate action, as required by law. 8 27. CLAIMS FOR FEDERAL OR STATE AID CONTRACTOR and COUNTY~ and MCSO agree that each shall be~ and is, empowered to apply for~ seek, and obtain federal and state fimds to further the purpose of this Agreement; provided that all applications, requests~ grant proposals, and funding solicitations shall be approved by each party prior to submission. 28. PRIVILEGES AND IMMUNITIES All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the COUNTY and MCSO, when performing their respective functions under this Agreement within the territorial limits of the County shall apply to the same degree and extent to the performance of such functions and duties of such officers~ agents, volunteers, or employees outside the territorial limits of the County. 29. LEGAL OBLIGATIONS AND RESPONSIBILITIES This Agreement is not intended to, nor shall it be construed as~ relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to~ nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the COUNTY or MCSO, except to the extent permitted by the Florida constitution, state statute, and case law. 30. NON-RELIANCE BY NON-PARTIES No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or program contemplated hereunder, and the COUNTY, MCSO and the CONTRACTOR agree that neither the COUNTY, MCSO nor the CONTRACTOR or any agent, officer~ or employee of the parties shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities~ have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. 31. ATTESTATIONS CONTRACTOR agrees to execute such docwnents as the COUNTY and/or MCSO may reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug-Free Workplace Statement. 9 32. NO PERSONAL LIABILITY No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County or MCSO in his or her individual capacity, and no member, officer, agent or employee of Monroe County, or MCSO shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 33. SECTION HEADINGS Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision ofthis Agreement. IN WITNESS WHEREOF COUNTY, MCSO and CONTRACTOR hereby have executed this Agreement 0 the day and date first written above in four (4) counterparts, each of which shall, without proof or accounting for the other counterparts, be deemed an original contract. (SEAL) Attest: DANNY L. KOLHAGE, CLERK BOARD OF COUNTY COMMISIONERS OF MONROE COUNTY, FLORIDA By: By: Deputy Clerk Mayor Mario DiGennaro Date: Date: Witnesses for CONTRACTOR: Breit's Tower Service Inc. Signature Signature of person authorized to Legally bind Corporation Date: Date: Signature Print Name Date: Address: Tel. No.: 10 Monroe County Sheriff's Office 5525 College Road, Key West, Florida 33040 305-292-7090 305-292.7070 (Fax) TO: Nat Cassel Mike Rice RECEIVED FROM: SfP 2 8 2007 LAURA WHITE Emergency Communications 10600 Aviation Blvd. Marathonl FI. 33050 Phone # 305-743-7570 Fax# 305-289-6078 DATE: 9/27/2007 MONROE COUNTY ATTORNEY RE: .PATE ENGINEERING - MARATHON SUBSTATION TOWER Attached find Mr. Pate's complete report (15 pgs) in reference to his site visit to the Marathon substation Pate Engineering, Inc. .135110 N. FLORIDA AVE. SUITE 203 TAMPA, FLOA-IDA 33G13 phone 013.960-0002 fax 013-264-2605 LETTER OFTRANSMITrAL To: IY\~.~ ~JD.!:Ol Date: '(/.:1.'/'/ "7 ~~-D' ~Job:fl:: 67 ...;;J..~ Y . F18: mCLt.~ Attn:~~ ~ ~ IJ..<:.~. A - We are sending you :. Il'j Attached [J Under separato cover Vig~ the following: o Originals [] Capias 1=1 SpocificaLio~l-;~Copy of Letter o _n'_ _u - --....---...- --. .-.. ., .__u ..._...._.'.n.._. .- ----- ....-.- -- Copies Date Status . Doscription - jiJi -- -- ~~- 'f Cf, a. 0 ~ I Z"l OJ 9 ?K.I 8-07 ' .- -----~..------- - ---~ ~__ ._._.~_. ~..,~~.-:-:'~'""I~~___.,,,:~~"':"':""":':-:-,""-r~"''''''~'~--:--:---I'''''r....!.,,,,,:,,,,,,,,:,:,~.~t'''t.._...'4'_ T_._.....~....t~- Status Code: 1- For Approval 2 Revise and Resubmit 3 Make Corrections Remarks: -.1'~ For Permitting J_ Preliminary 5 For Reference ~ ForJ?~n~LrucHon . 6 For Your Rccords -I- r ~ By: d;f g<a.sL Copy To: ~ PATE ENGINEERING INC. PROPOSAL 13540 N. Florida Ave., #203 Tampa, FL 33613 Phone: (813) 960-0002 Fax: (813) 264-2605 E-mail: oateen!:J(~aoJ.com www.oateengineerinq.com To: Monroe County Sheriff's Office Marathon, FL Attn.: Ms.. Laura White email: white-laura@monroecountvfl.Qov Date September 24, 2007 Project: Marathon Tower Proposal No. 168-07 WHEN ISSUING A PURCHASE ORDER, PLEASE REFER TO THIS PROPOSAL NO. .1. Pate Engineering, Inc. proposes to furnish the following services for the above referenced project: 1.1 Furnish technical specifications for replacement of tower at Marathon site. Partial site plan showing location of proposed tower. 1.2 Review bids, submittals, etc. 1.3 Interim and/or final inspections (Tower will not be climbed.) 1.4 Attend zoning and other meetings. Note: Monroe County to furnish the following: a. Survey of the area of the proposed tower location in acceptable CAD format. b. Recent soil borings at the proposed tower site. The number of borings required will depend upon whether a self supporting or guyed tower is proposed. c. A list of the proposed antennas, model number, elevation and transmission lines. 2. Services not included in this proposal: 2.1 Copies of calculations 2.2 Land surveying. 2.3 Radio engineering. 2.4 Field or laboratory tests. 3. Our engineering fees for this project are: 3.1 3.2 3.3 3.4 Item 1.1 Item 1.2 Item 1.3 Item 1.4 $2,350.00 $ 75.00/Hr. Travel Time $ 750.00 $ 125.00/Hr. Meeting Time Plus Travel Expenses & Travel Time Note: The stated fees are based on Pate Engineering's present insurance coverage. Any additional, required coverage will be at the owner's expense. All documents (drawings, specifications, reports) prepared by Pate Engineering, Inc. for this project are for use with this project only. Any other use is not allowed. All original documents will remain the property of Pate Engineering, Inc. They may not be reproduced without written permission of this office. Invoicing will be on a monthly basis. Payment is due 30 days after invoice date unless stated othelWise. The Engineer may include a 1-1/2% charge per month from the invoice date on the unpaid balance of overdue invoices. Expenses incurred in the collection of the amounts due under this agreement, including a reasonable attorney's fee, are the Client's responsibility . Pate Ellgineering, Inc. Proposal Pr168-07 Page 2 If you agree with the above outline, please sign and date one copy of this proposal and return to us. This proposal will be open for acceptance until October 31,2007 unless changed by us in writing. Pate Engineering, ~j) ~ By: ~ Accepted by: Print Name: Date: ~ IIii PATE ENGINEERING INC. 13540 N. Florida Avenue, Suite 203 Tampa, Florida 33613 WIN'N. pateengineering .com (813) 960-0002 FL CA #4524 September 24, 2007 Monroe County Sheriff's Office 1.0600 Aviation Blvd. Marathon, Florida 33050 Attn: Ms. Laura White Re; Marathon Tower Our Job #07-206 Dear Ms. White: On September 21, 2007, the above referenced tower was visited. The purpose was to confirm the condition of the tower as outlined in our letter of September 13, 2007. It was determined that the tower is a Rohn Model "C". This tower has a 24-inch (24") face width, the diagonals are 1-inch (1") 00 x 16 ga tubing and the legs are 2-1/4-inch (2-1/4") 00 x 12 ga tubing. A copy of the Rohn catalog page is attached for reference. As noted in the September 13 report, these are very thin wall members. A close inspection confirmed that the base plate is severely corroded and is exhibiting some upward deflection. This is caused by the ]055 of section due to the severe corrosion. During this inspection, it was determined that there is a drain hole drilled into the base plate which allows water collected in the hollow leg to drain out. However, this also allowed water to collect around the base plate thus causing the base plate to corrode. A limited inspection was made of the base of the legs. This revealed that the inside of the leg members were exhibiting corrosion also. As noted previously, there is no way of predicting if or when this tower may fail. It is my opinion that it would not survive a local storm or Class 1 hurricane. The tower is located near several building. This visit has reinforced my opinion that this tower should be taken down as soon as possible. Several possible temporary methods for reinforcing the base plate were discussed with Roger, the tech present. His idea of placing shims or plates between the bottom of the base plate and concrete pad seems practical and speedy. It is my opinion that this is an acceptable temporary solution. These shims should be centered under the tower legs. Field measurement indicates the plate shims should be about 1-1/4-inch (1-1/4") thick and 3-inches (3") wide by 4-inches to 4-1/2-inches (4" - 4-1/2") long. These dimensions should be field verified. Minimum force should be used to place the shims. They should not be driven into place. After they are in place, they may be tack welded. This will require cleaning enough rust off the base plate for a tack to hold. Pate Engineering, .Inc. Re: Our Job #07-206 Page 2 The tower contractor hired to unstack this tower should be experienced in this type of work. I suggest the work be done when the buildings are not occupied. Also, the contractor should submit certificates of insurance in an amount to be determined by Monroe County. The contract should state what items are to be disposed of such as tower antennas, mounts, lines, etc. and who is responsible for and pays for such disposal. If you have any questions regarding this matter, please contact the writer. Pate Engineer~g,)PJ' _ By: ~ . 7!a2f- ~~1 Leroy L. ate, E Florida No. 7039 2 ) ] I J ] ] ] I I ] I . 1 I I 1 ~ ] ] 1 1 ~ I d I T r II I r r <.~~~~"'<:> IIII f ci ~~~!t:~ ~ Q-C't"-C'-.....- ~ "." <'" l' l!: -;!: <.,.llJl..IVUV ~<D"''' :<:;c::2< ~ Cl090 o ~:-'O -.... ~ i:: l\}U) ~ ~ ~ 0.. .10; lII' lit Ill;: " _ q,,,,~<t<.o~h) l:l: ~ '" '" '" '" x (j ~~~~7''"~ ~ Cl~.j~<!~'''' Cl .dd.OO;''''....:::. ~~~~-!...c::;):5 III lIj 1\.1 ~. .... ",:.c:r I I 1 'l'lO.J Lv (",I ~ :;P!!,,<.')<tQ.<.I3~ ~lu 0;:...." s -.J..J....J ~ 'J:>> h. ~.-..:t...1II! "''''~iOf c' <:: .... Cl: If - I~ a 11'). I ~ -~-t\j ~~ "'<\jiii;;;,:,!!:-~g B~~i>la<;)~~o 'V"tIj~ 11"'~I9-"O- ",'\IN ~ ::! I 1 I ~ l');::;lo-~~ ~ N Nn.I ~ ~ 1 I I " "l-<o<l'~~ N ruN"" .,;tll - ~ ~ ~ I c<;) -~ ~~ o~ < II) I I () r")'~I~com ~ I.) --- <I) .." ~!tl =<? rr:. I ~a 1"11~..g~~~ J-. u lU QJ "'~ 0;: ~ '''' . I ILl () I OJ 1 '" 0".." ~I.) o ....!oJ tJ~ ~ L .., 1 , t) " 1 [J"o ." '" 'V 1...101.... OJI - - ~ ~ ~I"'I " ,"0")(1'\"'(1'\ Itl ~ 0")'1 I 10 ,000 a ." <')1').... I I ~ fI)"ll t:l .....l 1 1 g 1000 ..."'.., ~ ",1')11100000 I....d II I "'-......,... I I I I T ~l as ~ '!l g .... '" t i .~ \'2 ~ ,)!! " J Q T T~,'- If,) ~ .~ b .r ~~ I:~ ~ ~~ 1.)< ~;!,~ (kf' ~~ '~<I ~~ ~:.... ~r ~~~~ ~ ~::i::.:~ I, ' 't <.I'" ~~g~ ~'t>~' : 'r~'l ~,~ ,,~I ~~ ~ ~ ~~ : 'l/~ ~il ;~ ~ ~ ~~)IJ ~~ ~ .::;:: II ~~ ~~s~ 1 II ~8 103.~~ I ~. ~~~~ ~~ ~~;l~ ~ ~ ~~ Q ~~~~ ."'~ <.J~~""'~.I! ' -~f . . HI L.;J 1_ ~ 1 1 ---i ~ ..... !! <:i >- '" <0 :>' ~ ~ .., ~ ~ q./ '" rn ~ 0, 1- 1., ..... '" "" '" >:i " '" ~ ~ I..- . -~ I\j q:p ~I~ 'Q~ ~..... ; ~~ ~l~ - ~~ 1 - ~ 1 ~ ~ I~ ;::! "'I ~ ~., " C .." .' o' ~t< '. Q. ~ U) -f ..... <:i"" ~~ ~o !'i<.J o ~.... vel ~~ l-J~ 1" -' o ~ o "'.... .....0) ~~ ~ v'" ",... U)Q. ,~ ;::~ ~f -r 11~T~r ..' JJ rr-1 I~ '0 ! l .,!: Cl.( ~! }.. i i..j!i- . . tI) i . 1.1 .~ 1;') ~ :.:./ .2~~1 'i s.:s ~ ~l ~Il.!ii ~ \.. ~ I f.. t zi '-:I ~ III ~ u ~~i I ~ 51 ~ flu n,!It ~ eJ 1.::::1 I. " ~!~ ~~!R;! lh~ ~ t .K ~ ~ ~ ~ II ." ~, II ~i I I Ill~ll~l~i IF - ~. ;/!!. ,f '~,~ .._~ -.)1 ~ IV Q - Q :-i; lu .' tJ ." <:t ~ ~ (:) 'I::: lu\.) ~.... ~~ o Q! '" '" ... :; "'l '" ... ~q.~ ~::: <t ","'''' 'tl ",,,,r.:.' 1 ~"''<) "'l~~ ,. .' ~"'lo: ' ~!~ / ~ r 1.v <.J ~ <Il ..JI ~ IV:" Cl.~ Q;, .' ....,-<t. ..... \J)~ .l::\ Q..... <l-.. q;<.J IUI.U u'" q;'-- 'l::: (Q ..... ~ ~ V51 , \ .. , ~ '" '" ... <t '" <<l "- l!! \. --~ .... ~ ;J l'Q'I~ ~ ~~ \;><:i "'... ~ ~ ~ "'~~ <>.:'!:;.:>~ ~o(i'<J ",<IlQQ <l(~""';;; <:;j::."'~ \::J.........s, u::l"'o . ei!i~: .JL'=""""~ ~I L ~-46 ~~ ~..~ : .... . . :< ~. t4J "P ~ ~ I.u '" u <t iJi J ~ PATE ENGINEERING INC. 13540 N. Florida Avenue, Suite 203 Tampa, Florida 33613 www.pateenglneering.com (813) 960-0002 FL CA #4524 September 24, 2007 Monroe County Sheriff's Office 10600 Aviation Blvd. Marathon, Florida 33050 Attn: Ms. Laura White Re: Marathon Tower Our Job #07-206 Dear Ms. White: On September 21, 2007, the above referenced tower was visited. The purpose was to confirm the condition of the tower as outlined in our letter of September 13, 2007. It was determined that the tower is a Rohn Model "C". This tower has a 24-inch (24") face width, the diagonals are 1-inch (1") 00 x 16 ga tubing and the legs are 2-1/4-inch (2-1/4") 00 x 12 ga tubing. A copy of the Rohn catalog page is attached for reference. As noted in the September 13 report, these are very thin wall members. A close inspection confirmed that the base plate is severely corroded and is exhibiting some upward deflection. This is caused by the loss of section due to the severe corrosion. During this inspection, it was determined that there is a drain hole drilled into the base plate which allows water collected in the hollow leg to drain out. However, this also allowed water to collect around the base plate thus causing the base plate to corrode. A limited inspection was made of the base of the legs. This revealed that the inside of the leg members were exhibiting corrosion also. As noted previously, there is no way of predicting if or when this tower may fail. It is my opinion that it would not survive a local storm or Class 1 hurricane. The tower is located near several building. This visit has reinforced my opinion that this tower should be taken down as soon as possible. Several possible temporary methods for reinforcing the base plate were discussed with Roger, the tech present. His idea of placing shims or plates between the bottom of the base plate and concrete pad seems practical and speedy. It is my opinion that this is an acceptable temporary solution. These shims should be centered under the tower legs. Fjeld measurement indicates the plate shims should be about 1-1/4-inch (1-1/4") thick and 3-inches (3") wide by 4-inches to 4-1l2-inches (4" - 4-1/2") long. These dimensions should be field verified. Minimum force should be used to place the shims. They should not be driven into place. After they are in place, they may be tack welded. This will require cleaning enough rust off the base plate for a tack to hold. Pate Engineering, Inc. Re: Our Job #07-206 Page 2 The tower contractor hired to unstack this tower should be experienced in this type of work. J suggest the work be done when the buildings are not occupied. Also, the contractor should submit certificates of insurance in an amount to be determined by Monroe County. The contract should state what items are to be disposed of such as tower antennas, mounts, lines, etc. and who is responsible for and pays for such disposal. If you have any questions regarding this matter, please contact the writer. Pate Engineerin~ _ By: ~ ~ Leroy L. Pate, PE i/'2.~jo(. Florida No. 7039 2 ." 1 I j , j j 1 I I J I , I !I J 1 1 1 ~ , g,~r.J~I..!\~ ,'.dllo)hj~~ to .... _:S: ~ '" ftot :t' lI-" ": I" ... .,. Q r-......,,:t~ <..ok.. 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II" l h ~~~u.'-~ , ~,r\ :~J'~ ~ i ~~~~', ~ ~ - ] ~~~~ ~ ~---- I 09..... ~~g~ ~.~ ~~ ~~~~ ~o ~':>$or ~ ~<.J ~_ I;~ ~ ' ~l ~~ ~~ : ,~~'l ~ I ~ ~I ~~ I~/ \J' . ~8 ~ I~ (;/ ~I ~ iV -~' I ," ( I ~~ .~ v.~ \ 0 ~~ ~~ ~ / ~ ~~ ~~~t I ~ ~e \o..~ <:01 ' .0. ~~;s* [I< ~~ -.O}::!3l ..:~ ~Irj ~...\( l j1 ~~ ~~'. ,~;,.1 w ~ ! ~ 1 J . 1----:"- ~ -- ~ ~ <I) CQ:l....11:: ~. <:l~ " 'Il~ " ~ . ':::'" Q" ....~ :~. , I ~~ - t I ~I;.'~{ .. l~.' f (I i-I Ij I ',11! I '.0 I 1 , ;1." '.Q.(. ~ t; t f. ~ I=t" ~ c i ~ I . ~ .~' ;: . I ~ ~ ~i ~ll.lii~ . I. e ~ }.... t 11 '-.l ~ I,~ i ~ i I" nIl J ~ I:) ,Ltll1d1) I . ~ . ei ~ i~ a j 5!~ !:I!R J ! ~ on K ::::."' -lo I~ . 'I.~ . ~' Ill~ .'-> L t I ~'l II Ilii~li~ll~ t J/ff, . W\ ' ::!I ~ lJJ Q;- Q :-i: lv " (,J ., ~ ~ ~ ~ 'i:::: 1u<.J Qi.... 2~ Q ..., <Il :-' o ~~ ~.,.~ ~ "';"-1 "'.... \o'l<l. <:i~ ....."" UJ~ '" '" ~ .. ~ Lf '<J ' ~~~ :t~ Cl: ~~f~ l' '\ ::: ~~~ ... "'-:. ~ ~I..,'" ' ~ ~I ~'~ -nr, - ~'~ jfS'- ...J ~ lU:"' Q.~ Q.. .' lU.q; t- <n::t Q~ ~j::; Q:V lulU U.., Q:O'- C( "I ltl ~ ~ ~ ~ -... r i: .., ~ ~ ",i;1~ o...b..E': ~2~~ ,,<:01<1;;; Q:~<ll~ ~Iu\-::;c ~~~o , g~:::~: s::: ~ ~i ~ @ ~~ _ '~-=l- E . ~~ ~ ,~_ __.-J Q :a ;V ~ " " s ~' t{J "p Q ~ ~ '" .., ~ ~.. PATE ENGINEERING INC. 13540 N. Florida Avenue, Suite 203 Tampa, Florida 33613 , W\oWI,pateengineering.com (813) 960-0002 FL CA #4524 September 24, 2007 Monroe County Sheriff's Office 10600 Aviation Blvd. Marathon, Florida 33050 Attn: Ms, Laura White Re: Marathon Tower Our Job #07-206 Dear Ms. White: On September 21, 2007, the above referenced tower was visited. The purpose was to confirm the condition of the tower as outlined in our letter of September 13, 2007. It was determined that the tower is a Rohn Model "C". This tower has a 24-inch (24") face width, the diagonals are 1-inch (1") 00 x 16 ga tubing and the legs are 2-1/4-inch (2-1/4") 00 x 12 9a tubing. A copy of the Rohn catalog page is attached for reference. As noted in the September 13 report, these are very thin wall members. A close inspection confirmed that the base plate is severely corroded and is exhibiting some upward deflection. This is caused by the loss of section due to the severe corrosion. During this inspection, it was determined that there is a drain hole drilled into the base plate which allows water collected in the hollow leg to drain out. However, this also allowed water to collect around the base plate thus causing the base plate to corrode. A limited inspection was made of the base of the legs. This revealed that the inside of the leg members were exhibiting corrosion also. As noted previously, there is no way of predicting ifor when this tower may fail. It is my opinion that it would not survive a local storm or Class 1 hurricane. The tower is located near several building. This visit has reinforced my opinion that this tower should be taken down as soon as possible. Several possible temporary methods for reinforcing the base plate were discussed with Roger, the tech present. His idea of placing shims or plates between the bottom of the base plate and concrete pad seems practical and speedy. It is my opinion that this is an acceptable temporary solution. These shims should be centered under the tower legs. Field measurement indicates the plate shims should be about 1-1/4-inch (1-1/4") thick and 3-inches (3") wide by 4-inches to 4-1/2-inches (4" - 4-112") long. These dimensions should be field verified. Minimum force should be used to place the shims. They should not be driven into place. After they are in place, they may be tack welded. This will require cleaning enough rust off the base plate for a tack to hold. Pate Engineering, Inc. Re: Our Job #07-206 Page 2 The tower contractor hired to unstack this tower should be experienced in this type of work. I suggest the work be done when the buildings are not occupied. Also, the contractor should submit certificates of insurance in an amount to be determined by Monroe County, The contract should state what items are to be disposed of such as tower antennas, mounts, lines, etc. and who is responsible for and pays for such disposal. If you have any questions regarding this matter, please contact the writer. Pate Engineering, Inc. By: ~-- Leroy L. patej,J?-c4- /0 '{ Florida No. 7039 2 1 j ) 1 I I ] , "' I I ~ ~ - I g ~11:l1~1:; ..,l<:>T T 11 1 I r t.tJ _S!~~:)J :t'te-<,,"'- Q ._ C" ... <" :t ~ ~ <..olJlJI.JUI.J ~<!)<!>" <!:;z~~ ~ ~3~~ o Q - 0... "" i::: ......,;; ~ ..: I:l._ 1Il:IE CI; Ie ~ ~- CI: ~Q;<!l:;::~1<) (j ~ ~ ~ !::! ";' ~.: ~ I.' 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L.0~ ~~~~ ~~ ~~si ~~. ti~ to- lo.l..i( ",'I: ~,f.~.' : ,1) I.iJ I ~ l ~ '" ! ~ '" ~ .., ~ ;.., ~ l!;<:l ::! '" ~ <:. ... ~~- ~ , ~ Cl. ~ U) , J' q:p ~I~ ,,~ ~~ .' ...... ~. ~~ '~ ' = ~~ 2 I~I -r ...... ~{} ~g lIi~ o ~w utt:: ~~ ",>< -i~ <.9 :.J 2..... .....'" ~2 ~ v'<J ........ VlCl ,~ Q<t 1->< ~f -.. ::l~ 0'" ",,-0 ....... yo o <:Iu ~~ ~~ :<1lS -.;;:. ~ ~r~I~! ' Ii" f '.lJr rt , I . tIj ~ I .. (\~ i I >.. t hi!." ...... ~ S . i! ~. .2 t Q: j . . ili .~ f}. i ~ I I t ~l .~ 8 I i:: l · ~ Ii <..> 1ii ~ ~ I, I !11 i 5 J v). L 1. 1 \91111 I . !~\I~Jp;ll 11 ~ K :::;: ~.:. .:.. , "~o\j' .~ ~ ~~) J J ! J~iti~~i I~. l-.. ~ ... ~ \:. ~ ~ .... ~n ~ i ~ ! t;l I/) '" u '<: ~. , , '~ \\ ~ JlI ~ ..~ '" ~ "I I '" '<J ~~~ ~... <>: o!'.lj.,oj.-.;:. <:0 I ~~~ 1 ~~ll: "'~<:> ..."'''': ' ij~ / , , . -.l ~ \U QI- Q :': II} " (j-'Ir; <:t~ ~~ 'i::: Iu.... ..J..... [IlCo') 2 '-I Q( VI '" ... ~ ~I ~ w~ o.q; Q.. " w.<t; l;;,:::: QC:l <!~ <:l:;U I,IJ'U u"> <t '-I ct: CQ ~ ..... ~ t;1 \ , ~, ~~ :J 1'5 ...~<: ,,-.l:;,.~ ~O~'<l ",<Ql;lQ "'=~....;;; Cl:f,;<Q:; ~~!;;~ W;:,O ~ . ~~SE~: ~ '~ II ;~ ~ ~~ ~ @ : -- ''1-~~ .~~ ~--": ~ ,"-IJ 10 ~ ~ 't: '" <c ~ r '" .., <J ~ ~ \ ' ^- ~ PATE ENGINEERING INC. 13540 N. Florida Avenue, Suite 203 Tampa, Florida 33613 www.pateengineering.com (813) 960-0002 FL CA #4524 September 24.2007 Monroe County Sheriff's Office 10600 Aviation Blvd. Marathon, Florida 33050 Attn: Ms, Laura White Re: Marathon Tower Our Job #07-206 Dear Ms. White: On September 21, 2007, the above referenced tower was visited. The purpose was to confirm the condition of the tower as outlined in our letter of September 13. 2007. It was determined that the tower is a Rohn Model "e". This tower has a 24-inch (24") face width, the diagonals are 1-inch (1") 00 x 16 ga tubing and the legs are 2-1/4-inch (2-1/4") 00 x 12 ga tubing. A copy of the Rohn catalog page is attached for reference. As noted in the September 13 report, these are very thin wall members. A close inspection confirmed that the base plate is severely corroded and is exhibiting some upward deflection. This is caused by the loss of section due to the severe corrosion. During this inspection, it was determined that there is a drain hole drilled into the base plate which allows water collected in the hollow leg to drain out. However, this also allowed water to collect around the base plate thus causing the base plate to corrode. A limited inspection was made of the base of the legs. This revealed that the inside of the leg members were 'exhibiting corrosion also. As noted previously, there is no way of predicting if or when this tower may fail. It is my opinion that it would not survive a local storm or Class 1 hurricane. The tower is located near several building. This visit has reinforced my opinion that this tower should be taken down as soon as possible. Several possible temporary methods for reinforcing the base plate were discussed with Roger, the tech present. His idea of placing shims or plates between the bottom of the base plate and concrete pad seems practical and speedy. It is my opinion that this is an acceptable temporary solution. These shims should be centered under the tower legs. Field measurement indicates the plate shims should be about 1-1/4-inch (1-1/4") thick and 3-inches (3") wide by 4-inches to 4-1/2-inches (4" - 4-1/2") long. These dimensions should be field verified. Minimum force should be used to place the shims. They should not be d"riven into place, After they are in place, they may be tack welded. This will require cleaning enough rust off the base plate for a tack to hold. ;&--- Pate Engineering, Inc. Re: Our Job #07-206 Page 2 The tower contractor hired to unstack this tower should be experienced in this type of work. I suggest the work be done when the buildings are not occupied. Also, the contractor should submit certificates of insurance in an amount to be determined by Monroe County. The contract should state what items are to be disposed of such as tower antennas, mounts, lines, etc. and who is responsible for and pays for such disposal. If you have any questions regarding this matter, please contact the writer. Pate Engineering, Inc. By: . Leroy L~;l Florida No, 7039 2 I I . J 1 j , J 1 I I ] I I , I l 1 ] 1 - R.... ei I I ~ ' ~ ~1~1~1~1c> to _ '" (> '<1 :t' lI- t:: [:;:Ir:: ~ g! l;) r-t"'...":t~ l---=- ~ tJ I.J U l> l> 1 j <!l <!)<.!> <!) ~~~~ ~ ..:.J.....:J...J L' 0-2.... ~ ,.... f\it.n 11..... Q" ~wQ;5ot~ C( ~ <t <!l 'Jill: ~ I<) <;.J ~:il~~-;-':e:.; ~ l'"f' I .. fit L(J qQQQ"!<:\' l- Q 1'':!lo c:l ci C;j ~ l- ::. ~I~ ~ _ ~ t ~ < :3 t\j.... ~ "'. Iu III l( 'l: I I , ....... ..., lJ 4;.1- ~~~~~~1l:3~.~ -I ..J ~ ~ <Il ~l~ ",I +- "'... ""I I I i - ci ';!:: 1- ~~...I\I ~~ ~ ftt ........It\Ii.....-...Jo <t o~~l..I~,'Cl~O tt ....'l('l(~\,)8<::l~~ E ....~... 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Irj o~ :z.~ ,q, li:S: ..,~ iJ ~ c ... f-----~ ---+' , " 2lo'i " [~I~! , .....1It ~ ' ~~ ~ ~ 2 <>.. ~ V) -f ..... , ~'ti' in'" ~o 0<'> o '2:1u .-..J u'l. ~~ ~r ..., <!J .::-' o ..."" --"> ~';2 ~ ...;'<J ........ U)ll.. ci~ ....<:t ",>< ~ lfi .' . > . .' f ~ t~}1 f ll~\.! 1 i~ I .~ i It If' '.~. ~ !.') · . ':1 ~ CI)' r~' c: 1 Cl:: I ' · .~ 1"8 . I " \., a:1\8tJ1'1 ~ !l; b I;:::: · i. ~ }.. .~ ~ I.JI II ~ i ; HI;ll nl!:1 k. ~ ~ .... 5 !~!~!~l! I!~ ~ j I K :::~~ " I . a'" ~. :,; .~ '" 'I ~ ! ~ ..' I ~i ! IJ'i~\i~~i \~, ~ ~. '" -om) \\' I/) " .~ \U Q ~ Q :" 1v1\" ..... .", Q: ~ ~ ~ 'l:::. lu..... ~... :::.~ g\ .., ~ 'tl -.l '''If ~~~ ~~ ~ ..J ~~~: Wf' '\ V) ~ ~ ~<t~ t: Q ~ ~~ '-l: Q" ~~O( , ~ ~ .<:1; ~~ / ....~ ~ ~ ~ ~ ~ ;~ T ~ <Q ~ ~~~ ~ ~ ,,-!:;~)2 ~ .~ ~g~~ :::: III <:>;:0...;;; c; <t~ll)3;. ~I ~'<Jl-~ l,j[3~.o r-~-4~ ~l "'~~_.~ : ~~ "- .. < ~. ~ "i0 g! l- ~ '" <l: ~ ~ ~ <:I ~I~ ~ lS!<. . <:>~ ....~ ~ -- ". c ~ Breit's Tower Service, Ine (Quote Request) Charles W. Breit President 4720 SW 75th Ave. Miami, FL. 33155 Established 1952 Telephone 305-261-1272 Fax 305-261-6775 September 29,2007 Attn: Ms. Laura White Breit's Tower Service, Inc. will furnish labor to complete the following scope of work: Remove all antennas, brackets and lines from the 200' Rohn tower at the courthouse location. We will dismantle the tower using a gin pole to 100' level then use a crane to lower the rest. The tower will be cut into 10' pieces and removed from the premises and discarded to the county waste station on Long Key. All guy wires will be removed also. The anchor rods will be cut below ground level. Attached is a copy of our liability insurance. The total job should take three day. We can remove the antennas and lines on a Friday and dismantle the tower on the weekend. The total price: $12,000.00 Prices valid for 60 days. Sincerely, Charles W. Breit .~;..-..-. ... . . ~'::--II!I::'" ~.:..; ~~'if,:til.'.>__, ~-. . ......,;.,. ,,;~.~~;;;, ;...io'-';.....,. -~~:-.....-lI":JIZOQCI THISe!!I'tTIFJC.o\TE IBISSUlm'iIII AllIIATTl!Rpt:INFORMATlON O~YANDCONFDI"()R1GFiTlUPON1lE..CEFmFlCATE.. . >I'tOLDI!:R; THIIICI!RTIFICA~.D()I!SNOT,AMl!l\IPrEXTf:ND~.. ALTEMTH!!COVE ,.t.:FFOIWIlDBYTHI!PO. ESBl!LOW." p~~. . . . . . .. ... ...~~l!lnG6~"'6GO Wel'sf"'Do fn..,..nceS~~.~~..t,Iric... $D,SoutnFl8I1,.,r~.~$OO . ...., .. ... W..t'"..irn,B~etiipLJ3401_4 ._RED. ~'rcrM!f ...l:lrYfl=8 :472D8W7Ith\A.Yenll~ i1rami;F~J31'~ .. ... 1N~.AFI708DIWQ.COVERAGE iN8"^;~.'."';... 6lilU.B;. iN.lIR~c: . MUII~I):... .lM;U"!~.: .j;(f au:' . 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AGQI'l!Q,J\TI! ~~Li ioO!ri!NTICJII. ._~A_ NNjoRCl~RiI>i.~lJt~ O~~ICl!I'l~fl~1J1;JED'1 ..... i'J.p~' .c. . MuMi .. . 8P~CIIfoL D1I'IIl ...we ..L.~~=INT: e.Ei.DtiIEMrI!~i!A !irPi !.L.Il..AiE.;ltOikVili,iri: :-~ ~aeI!P1TCIWOF!"ElWJClII&(~_ OIIttI(lL.'~IICllIlIAIICIED 11'I' ~19IZl'n:t~L~ru .rIifi,~~iJ~",II~~.~~ra~rr-uri:dii.'~~klrnQ"'In.llmly ..... ......... ~R1lFlcA.llfHCJU)f!!R'. CA , :TION ',:~~ 'i~~~e~'5~= .~."'?~:.~TION OR UAIILtfrC".AN'r IGRIlllllo.rlJlllIIIWRliA,rraGNTBa. ..'~TlIip.. 1~~!ill~I""'A'I1VI . .. . ;}. ,....... ..,.i >...,...... ",.~, . -7-~-.~'.I(~"~._- .lta"-""--,.:~_(~_~:-~'f~~,.~' lCORD21S [2801.101) .OACORDCORPOAAl .1"8,. \yww.sunbiz.org - Department of State Page 1 of2 Home Contact Us E-FiIlng Services Document Searches Forms Help Previous on List No Events Next on List No Name History Return To List Entity Name Search Detail by Entity Name Florida Profit Corporation BREIT'S TOWER SERVICE, INC. Filing Information Document Number 617631 FEI Number 591936824 Date Flied 04/17/1979 State FL Status ACTIVE Principal Address 4720 SW 75 AVE MIAMI FL 33155 Changed 01/14/2000 Mailing Address 4720 SW 75 AVE MIAMI FL 33155 Changed 01/14/2000 Registered Agent Name & Address BREIT, CHARLES W 4720 SW75 AVE MIAMI FL 33155 US Name Changed: 01/14/2000 Address Changed: 01/14/2000 Officer/Director Detail Name & Address Title STM BREIT, AERIS DEE 34 GARDEN MALL CT. INGLIS FL 34449 TitleVP BREIT, CHARLES E. 34 GARDEN MALL CT. INGLIS FL 34449 Title PD BREIT, CHARLES W. 4720 SW 75TH AVENUE http://www.sunbiz.org/scripts/cordet.exe?action=DETFIL&in~ doc _ munber=617631 &inq... 10/5/2007 W\'{W.sunbiz.org - Department of State Page 2 of2 MIAMI FL TitleD MAGRAM,GARY 9700 S DIXIE HWY MIAMI FL Annual Reports Report Year Flied Date 2005 01119/2005 2006 03/17/2006 2007 03/05/2007 Document Images 03/05/2007 - ANNUAL REPORT 03/17/2006 -ANNUAL REPORT 01/19/2005 - ANNUAL REPORT 01/23/2004 - ANNUAL REPORT 01/27/2003 - ANNUAL REPORT 01/31/2002 - ANNUAL REPORT 01/23/2001 - ANNUAL REPORT 01/14/2000 - ANNUAL REPORT 02/23/1999 - ANNUAL REPORT 01/30/1998 - ANNUAL REPORT 02/21/1997 - ANNUAL REPORT 02/09/1996 - ANNUAL REPORT 04/06/1995 - ANNUAL REPORT I Note: This is not official record. See documents if question or conflict. I .;~~''''''''''''''''&.'W'R"""""-",-"""-""""""",,,----~_____,,,,,,,-~~-~'''''''''''''''~-=~. Home Contact us Document Searches E-Filing Services Forms Help Copyright and Privacy Policies Copyright @ 2007 State of Florida, Department of State. http://www.sunbiz.org/scripts/cordet.exe?action=DETFIL&in~ doc _ number=617631 &inq... 10/5/2007 <; ( ( en ~ INTERLOCAL AGREEMENT BETWEEN MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AND MONROE COUNTY SHERIFF'S OFFICE FOR CONSOLIDATION AND MANAGEMENT OF EMERGENCY COMMUNICATIONS THIS INTERLOCAL AGREEMENT is entered into this _ day of ,2006 between the MONROE COUNTY ("COUNTY"), a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040 and the MONROE COUNTY SHERIFF'S OFFICE ("MeSO"), a political subdivision of the State of Florida, whose address is 5525 College Road, Key West, Florida 33040. WHEREAS, MSCO has purchased and is operating a county-wide 800 MHz trunked radio system that serves the needs of MSCO and various departments of local government and public utilities;' and WHEREAS, the Monroe County Emergency Communications Department currently operates and maintains the County's communications systems and equipment; and WHEREAS, the COUNTY and MCSO have detennined that improved efficiency and coordination of the management and operations of the emergency communications systems can be better achieved by consolidating Emergency Communications Department personnel, equipment, and expertise within the MeSO operations; and WHEREAS. the COUNTY and MCSO recognize that emergency communications are essential to the public safety and welfare of the people of Monroe County; and WHEREAS, the goal of COUNTY and MeSO is to maintain and enhance 911 and emergency communication service throughout the County. NOW THEREFORE. inconsideration of the mutual promises, covenants, conditions, and agreements stated herein, and for other good and valuable considerations, the sufficiency of which is hereby acknowledged, the parties agree as follows: 1. TERM Subjed to and upon the terms and conditions set forth herein, this Agreement shall commence on approval by the Board of County Commissioners, and shall continue in effect for five years. unless tenninated earlier pursuant to Section 8, b~low. 2. SCOPE OF WORK Meso sha1l take over the responsibility for the following: A. Operating and maintaining the public safety system radio system and other communications systems, including MCSO Astro Digital SmartZone 800 MHz IntelliRepeater system, Monroe County Fire/Rescue UHF conventional communications system, and Monroe County Public Works/Social Services VHF conventional system. B. Acting as final decision maker for communications systems, designs, purchases, training, and maintenance for present and future teclmologies; subject to restriclions of statute and this Agreement. (0 C. Serving as designated representative to municipal, county, state and federal agencies tasked with implementing Department of Homeland Security requirements involving communication on the County's behalf. D. Serving as the designated representative to municipal, county, state, and federal agencies tasked with implementing interoperability requirements involving communication on the County's behalf. E. Supervising federally required rebanding of 800 MHz public safety frequencies. F, Acling as decision maker for all radio and structural engineering issues pertaining to the operation, maintenance, and loading of all towers and emergency communication equipment; subject to restrictions of statute and this Agreement. G. Acting as decision maker regarding design, purchase, maintenance and training .of 911 system technologies for MSCO, Key West Police Department and Ocean Reef Public Safety Department. F. Communicate with COUNTY through County Attorney or her designee with regard to any contract issues, or contract compliance issues which arise or may arise in the future in the implementation and maintenance of this Agreement. 3. FUNDING c The funding for this Interlacal Agreement shall be as follows: A. COUNTY retains exclusive authority to impose rates, to determine the rate, to collect and to disburse 911 funds received under Florida Statute ~365.171. The "911" fees pursuant to Florida Statute ~~365.l71, 365.172, and 365.173 shall be administered by the MeSO as set forth in statute and in accordance with this Agreement. Initial transfer of the fund balance shall be accomplished in the following manner. An estimated fund balance shall be transferred to the MeSO at the end of the month in which this Agreement is approved by the Board of County Commissioners and the remainder shall be transferred following an the completion of the annual audit performed by the external auditor or as soon as practicable thereafter. Subsequent transfers of the aMual recurring revenues shall be done on a quarterly basis within 30 days of receipt by the Clerk from MSCO of the quarterly financial report of the receipts. expenses,'and amounts to be carried forward, as set forth in Section 60 of this Agreement. B, County retains exclusive authority to collect and disburse funds received under Florida Statute 9318.21 (9), The fees from Florida Statute 9318.21 (9) shall be administered by the MCSO as set forth in statute and must be used to fund County's participation in the intergovernmental radio communication program and in accordance with this Agreement. Initial transfer of the fund balance shall be accomplished in the following manner. An estimated fund balance shall be transferred to the MeSO at the end ofthe month in which this Agreement is approved by the Board of County Commissioners and the remainder shall be transferred following an the completion of the annual audit performed by the ex.ternal auditor or as soon as practicable thereafter. Subsequent transfers of the annual recurring revenues shall be done on a quarterly basis within 30 days of receipt by the Clerk from MSCO ofthe quarterly financial report of the receipts, expenses, and amounts to be carried forward, as set forth in Section 6 D of this Agreement. C. Funding for County personnel who will become employees of MSCO under this Agreement shall be appropriated by the Board of County Commissioners in an amount approved by COUNTY as pan of the MSCO budget and pursuant to Florida Statute *30.50(1) which states "The sheriff shall requisition and the board of county commissioners shall pay him /' ( \ 2 C' or her, at the first meeting in October of each year, and each month thereafter, one- tweI fih of the total amount budgeted for the office; provided, that at the first meeting in January of each year, the board shall, at the request of the sheriff, pay one-sixth of the total appropriated, and one-twelfth each month thereafter, which payments shall be not more than the total appropriation. Provided further that any part of the amount budgeted for equipment shall be paid at any time during the year upon the request of the sheriff" 0, Monroe County's performance and obligation to pay under this contract, is contingent upon an annual appropriation by the SOCc. 4. EMPLOYMENT OF PERSONEL Personnel presently employed by County Emergency Communications Department and their positions presently funded in the current budget shall be transferred to the MCSO. The personnel shall retain their jobs and shall become employees ofMCSO. They shall receive the same benefits and serve under the same regulations as other employees of the MCSO's Office. A. The MeSO shall employ a "911" coordinator and may employ other employees as authorized under Florida Statutes ~365.171, these positions shall be funded as provided by statute. The person holding the "911" coordinator position may hold another position at the same lime, so long as the duties and salary are distributed on a percentage of time basis so that the 911 fees support only that portion of the position directly related to the duties of "911" coordinator. 5. ADMINISTRA nON OF TOWERS ( Administration and maintenance of the communication towers, conununications equipment (except the privately owned equipment as noted in Sections 9 and 10 of this Agreement), and personnel management for shall be the responsibility of the MeSO with the understanding that the communications shall be maintained for the benefit of the residents and visitors to Monroe County and that the purpose of this Agreement is 10 insure the continued functioning of the communications systems, especially the 911 and related systems on a continual and uninterrupted basis, 6, ADMINISTRATION OF 911 FEES ~~- All 911 funds shall be received and deposited in the Office of the Clerk of Court and shall be placed in an interest bearing account. The Funds shall be distributed to MSCO by the Clerk on a quarterly basis, starting within 30 days of the execution by all parties under the following conditions: A. Meso acknowledges that the 911 fees shall be administered in strict compliance with Florida Statutes *9365.171, 365.172, 365.173, and other relevant statutes, B. MCSO shall establish a separate interest bearing account to be used exclusively for receipt and expenditure of"911" fee revenues; all fees shall be placed in said fund, along with any interest accrued thereupon. Fees and interest shall be used solely for "911" costs described by statute. C. MSCO shall employ a "911" coordinator as provided by statute. MSCO agrees that the Chief Financial Officer of the MSCO shall be responsible for the handling of "911" fees; and shall be avai lable al all times to answer funding inquiries from the Clerk of Court and! or the Board of County Commissioner regarding the receipt and distribution of any item(s) from "911" fee revenues. D, MSCO shall submit to the Clerk a quarterly financial report of the receipts, expenses. and amounts to be carried forward, The report should include verification that 3 ~. \ ( expenditures were eligible under the terms oftl1is agreement and under all applicable laws. A final report shall be made at the end of the term of this Agreement or upon Tennination of the Agreement in the same manner as the quarterly report and including all the receipts and disbursements during the enlire term of the Agreement and shall be submitted within H- 45 days of the date the Agreement ends or is terminated by either party. The quarterly report and the annual report should include the following certification: "I certify that, to the best of my knowledge and belief, the expense statement submitted is correct and that all expenses were made in accordance with the Agreement with Monroe County and with Florida Statutes and that no expenses have been submitted in previous statements." The certification should be signed by the chief financial officer of the MSCO, E. MSCO shall keep such records and accounts as may be necessary in order to record complete and correct entries as to any income, expenditun: and amounts to be carried forward. The Clerk of Courts shall arrange for an audit to be performed on the account on a yearly basis and said audit maybe included in the annual audit of the County and Constitutional officers. F. MSCO acknowledges that "911" fee revenues shall not be used to pay for any item not listed in the statute, including, but not limited to, any capital or operational costs for emergency responses which occur after the call transfer to the responding public safety entity, including the MeSO, and the costs for constructing buildings, leasing buildings, maintaining buildings, or renovating buildings, except for those building modifications necessary to maintain security and environmental integrity of the Public Safety Answering Point(PSAP) and "911" equipment rooms. G, Florida Statute 9365.171 contemplates that there may be unspent moneys in the fund, MeSO agrees to administer any funds carried forward as specified in statute. In no event shall MeSO carry forward more than 10 percent of the 911 fee billed for the prior year. MSCO shall notify COUNTY in its quarterly financial report, and annual report specifically the amount of money to be carried forward, and the percentage of the 911 fee for the prior year that said amount represents. The MSCO shall be responsible for documenting any carry over and for drafting any resolution to be presented to the Board of County Commissioners. Any resolution shall express the purpose of the carryover andlor the reason for adoption of a capital improvement program identifying projected expansion or replacement expenditures for 911 equipment and service features, or both, as strictly set forth in statute, Any approval for carry over, capital improvement expenditure, as well as any increase in 911 fees shall remain the responsibility of Ihe Board of County Commissioners. A request to increase in fees shall comply with 365,171 (13). H, MSCO shall continue to pay on behalf of COUNTY out of 911 fees on all leases, purchases of equipment, or other agreements that have been traditionally paid from the 911 fees in the past. COUNTY and MSCO and CLERK shall work together 10 ensure that all payments and obligations presently paid from 911 fees will continue to be paid from those fees so that COUNTY will not be left with payments which were traditionally paid from, or which should be paid from, 911 fees after the transfer of the funds to MSCO. r. Nothing in this Agreement is intended to be inconsistent with current law and statute; if an inconsistency of any kind develops, either through interpretation or through change in the applicable law or statute, the then current statute shall control. 7. ADMINISTRATION OF FLORIDA STATUTE 6318.21(9) c All funds under Florida Statute ~3l8.21 (9) shall be received and deposited in the Office of the Clerk of Court and shall be placed in an interest bearing account. The Funds shall be distributed to MSCO by the Clerk on a quarterly basis, starting within 30 days of the execution by all parties under the following conditions: 4 ( c A. Meso acknowledges that the fees shall be administered in strict compliance with Florida Statutes 9318.21 (9). B. MeSO shall establish a separate interest bearing account to be used exclusively for receipt and expenditure of Florida Statutes *318.21 (9) fee revenues; all fees shall be placed in said fund, along with any interest accrued thereupon, Fees and interest shall be used solely to fund the County's participation in intergovernmental radio communication program described by Florida Statutes ~318.21 (9). C, MSCO agrees that the Chief Financial Officer of the MSCO shall be responsible tor the handling of Florida Statutes ~318.21 (9) fees; and shaII be available at all times to answer funding inquiries from the Clerk of Court and/or the Board of County Commissioner regarding the receipt and distribution of any item(s) from Florida Statutes *31821 (9) fee revenues. D. MSCO shall submit to the Clerk a 'quarterly finanCial report of the receipts, expenses, and amounts to be carried forward. The report should include verification that expenditures were eligible under the terms of this agreement and under all applicable laws. A final report shall be made at the end oflhe term of this Agreement or upon Termination of the Agreement in the same manner as the quarterly report and including all the receipts and disbursements during the entire term ahhe Agreement and shall be submitted within 45 days of the date the Agreement ends or is terminated by either party, The quarterly report and the annual report should include the following certification: "1 certify that, to the best of my knowledge and beliet~ the expense statement submitted is correct and that all expenses were made in accordance with the Agreement with Monroe County and with Florida Statutes and that no expenses have been submitted in previous statements," The certification should be signed by the Chief Financial Officer of the M SCO. E. MSCO shall keep such records and accounts as may be necessary in order to record complete and correct entries as to any income, expenditure and amounts to be carried forward. The Clerk of Courts shall arrange for an audit to be perfonned On the account on a yearly basis and said audit may be included in the annual audit of the County and Constitutional officers. F. MSCO acknowledges that Florida Statutes g318.21(9) fee revenues shall not be used to pay for any item not contemplated in the statute, The statute states "Twelve dollars and fifty cents from each moving traffic violation must be used by the county to fund that county's participation in an intergovernmental.radio communication program approved by the Department of Management Services. If the county is not participating in such a program, funds collected must be used to fund local law enforcement automation and must be distributed to the municipality or special improvement district in which the violation occurred or to the county if the violation occurred within the unincorporated area of the county." G. MSCO shall continue to pay on behalf of COUNTY out of ~318.21(9) fee revenues on all leases, purchases of equipment, or other agreements that have been traditionally paid from these fees in the pasl. COUNTY and MSCO and CLERK shall work together to ensure that all payments and obligations presently paid from these fees will continue to be paid from those fees so that COUNTY will not be left with payments which were traditionally paid from, or which should be paid from, *318.21 (9) fee revenues after the transfer of the funds to MSCO. H. Nothing in this Agreement is inlended to be inconsistent with current law and statute; if an inconsistency of any kind develops, either through interprelation or through change in the applicable law or statute, the then current statute shall control. c 5 c 8. TERMINATION OF AGREEMENT COUNTY may terminate this Agreement without cause upon affirmative majority vote of the Board of County Commissioners which action shall serve as formal notice to the MeSO of intent to terminate the Agreement one hundred and eighty (180) days from the date of the vote. MSCO may temlinate this Agreement without cause by giving COUNTY written notification of intent to temlillate one hundred and eighty (180) days from the date of such notice; notice from MSCO shall be by certified mail. COUNTY or MSCO may terminate this Agreement for cause by giving the other party written notification of a breach, providing seven (7) days from the date of such notice for the other party to cure, an if not cured, giving an additional thirty (30) days written notice of tennination of this Agreement. 80th parties agree that they will work together in the case of termination to provide a smooth transition of service, persormel. funds, and equipment. 9. CONTRACTS WITH PRIVATE COMPANIES c. This Agreement does not apply to the maintenance and operation of any of the privately owned and operated equipment which is presently located on any of the towers. All leases or contractual agreements with private companies, governmental agencies or division of the State, Federal or local goveMlments shall not be affected by this Agreement, and shall remain in full force and effect. MSCO shall honor said agreements, including but not limited to, agreements between COUNTY and Bell South, MSCO and COUNTY shall coordinate with each other regarding these contracts. A. COUNTY and MSCO agree that when MSCO takes over the County Emergency persOlUlcl that COUNTY may no longer have the ability to handle certain disputes, therefore, if any technological, contractual. operational or other issues arise between MSCO and the private owners or their equipment then MSCO shall immediately contact the County Administrator in writing. The writing shall describe the issue, the parties to the issue, how they can be contacted and the contract involved. B. County Administrator shall make the determination of whether the issue should be handled by MSCO or by COUNTY, both parties agree to abide by the County Administrator's detemlination, and agree to assist each other to resolve the issue. 10. CONTRACTS WITH OTHER AGENCIES AND MUNICIPALITIES COUNTY recognizes that the present Emergency Communications Division is also providing contract maintenance services to the City of Marathon under existing contract; and is providing ongoing contract coordination with outside agencies including NOAH to assist with the installation and maintenance of government and public safety radio systems, Meso will continue to provide the contract maintenance services to the City of Marathon under existing contract; and will continue to provide ongoing contract coordination with outside agencies including NOAH to assist with the installation and maintenance of government and public safety radio systems. It is the not intent of this agreement to interfere wirh those contracts. 1 J. RECORDS - ACCESS AND AUDITS ( Atl parties shall maintain adequate and complete records during the tenn of the Agreement and for a period of four years after tennination of this Agreement. The COUNTY, and their officers, 6 c employees, agents, and/or designees shall have access to the MSCO's books, records. and documents related to this Agreement at any time during normal business hours upon request, The Clerk of Courts shall have the right to examine such records and accounts at any time during normal business hours upon request; if the Clerk of Courts requires copies of any records or accounts he shall advise the MeSO in writing of the documents to be copied and Meso shall have five (5) business days to comply. J 2, TRANSFER OF EQUIPMENT AND ASSETS ( Certain fixed assets belonging to COUNTY have been purchased by COUNTY and have been used by COUNTY Emergency Communications. A. A Fixed Asset Listing for Fiscal Year 2006 is attached hereto and made a part hereof as EXHIBIT C. Said assets shall be transterred from COUNTY to MSCO by operation of this Agreement. If this agreement is terminated for any reason the assets on MSCO's inventory shall be transferred back to COUNTY from MSCO along with any further assets purchased with 911 fees or *318.21(9) fees. 8, Ownership of to the following assets on the Fixed Asset Listing for Fiscal Year 2006 shall be transferred from COUNTY to MSCO. COUNTY shall provide the necessary documents to transfer ownership from COUNTY to MSCO. MSCO shall provide insurance for the assets begirming on the date of transfer: Asset Id # Descriptive Information 1, 2349 2000 Chevrolet Van with light Bar #1 GCFG25M6Yl 1 12322 2, 2395 2000 Ford Windstar Van #2FTZA5449YBC98928 3. 2431 1977 18 Wheeler Trailer manufactured by Great Dane #80242 4. 5 ]42 2006 Ford E-250 Van #IFTNE24WX6HA8787l C. COUNTY and MSCO shall work together to facilitate the transfer of ownership from COUNTY to MSCO, including the drafting of any documents necessary for said transfer, 13. NON-DlSCRIMINA TlON (.- MCSO and COUNTY agree that there will be no discrimination against any person, and it is expressly understood that upon a detennination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. MeSO and COUNTY agree to comply with all Federal and Florida statutes, and aJllocal ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis ofrace, color or national origin: 2) Tille IX of the Education Amendment of 1972, as amended (20 use S5, 1681-1683, and 1685- 1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 use g, 794). which prohibits discrimination on the basis of handicaps: 4) The Age Discrimination Act of 1975, as amended (42 use S8. 610l-6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92- 255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohof Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616). as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss, 523 and 527 (42 use S5. 690dd-3 and 290ee-3), as amended. relating to confidentiality of alcohol and drug abuse patent records; 8) Title VIII 'of the Civil Rights Act of 1968 (42 use s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 use s. 120 I Note), as maybe amended from time to time, relating to nondiscrimination on the basis of disability; 10) Monroe COUNTY Code Ch. 13, Art. VI, 7 ( \.." prohibil ing discrimination on the bases of race, color, sex, religion, disability. national origin, ancestry, sexu;'I1 orientation, gender identity or expression, familial status or age; and 11) any other nondiscrimination provisions in any federal or state statutes which may apply to the parties to, or the subj eet matter ot: this Agreement. 14. COVENANT OF NO INTEREST COUNTY and MeSO covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any maImer or degree with its performance under this Agreemenl, and that only interest of each is to perfoml and receive benefits as recited in this Agreement. 15. CODE OF ETHICS COUNTY a&'Tees that officers and employees of the COUNTY recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section ] 12.313, Florida Stalutes, regar:ding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. 16. NO SOLlCITATIONIPAYMENT C' The COUNTY and MeSO warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gi ft, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the MeSO agrees that the COUNTY shall have the right to terminate this Agreement without liability and. at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gin, or consideration. 1.7. PUBLIC ACCESS COUNTY and MCSO shall allow and pennit reasonable access to, and inspection of, all documents, papers, letters or other materials in its possession or under its control subject to the provisions of Chapler 119, Florida Statutes, and made or received by the COUNTY and MCSO in conjunction with this Agreement; and the COUNTY shall have the right to unilaterally cancel this Agreement upon violation of this provision by Meso. 18. LEGAL OBLIGATIONS AND RESPONSIBILITIES This Agreement is not intended to, nor shall it be construed as, retieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely perfonnance thereof by any participating entity, in which case the perfonnance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, ilor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of COUNTY or MeSO, except to the extent permitted by the Florida constitution, state statute, and case law, c 8 ( 19. HOLD HARMLESS AND INDEMNIFICATION COUNTY and MSCO are political subdivisions of the State of Florida and are covered under Chapter 768.28. Each agrees to be fully responsible for aClS and omissions of their agents or employees to the extent penuitted by law. Nothing herein is intended to serve as a waiver of sovereign immunity by any party to which sovereign immunity applies. Nothing herein shall be construed as consent by either party to be sued by third parties in any matter arising out of this Agreement. 20. NON-RELIANCE BY NON"PARTIES No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or program contemplated hereunder, and the COUNTY and the MeSO agree that neither the COUNTY nor the MCSO or any agent, officer, or employee of either shall have the authority' to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, Or superior (0 the community in general odor the purposes contemplated in this Agreement. 21. NO PERSONAL LIABILITY c No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of COUNTY or MeSO in his or her individual capacity, and no member, officer, agent or employ~e of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 22. EXECUTION IN COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the pm1ies hereto may execute this Agreement by signing any such counterpart. 23. SECTION HEADINGS Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement 24. ASSIGNMENT Neither party assigns this Agreement or assign or subcontract any of its obligations under this ^&,'1"eement without the approval of the MONROE COUNTY BOARD of COUNTY COMMISSlONERS. All the obligations of this Agreement will extend to and bind the legal representatives, successors and assigns ofMCSO and the COUNTY. 25, SUBORDINATION c_ This Agreement is subordinate to the laws and regulations of the United States, the State of Florida. and Monroe County, whether in effect on commencement of this Agreement or adopted after that date. 9 (~ 26. INCONSISTENCY If any item, condition or obliga~ion of this Agreement is in conflict with other items in this Agreement, the inconsistencies shall be construed so as to give meaning to those terms which limit the COUNTY'S responsibility and liability. 27. ETHICS CLAUSE Meso warrants that il has not employed, retained or otherwise had act on its behalf any former COUNTY officer or employee subj eet to the prohibition of Section 2 of ordinance No. 0 I O~ 1990 or any COUNTY officer or employee in violation of Section 3 of Ordinance No, 010-1990. For breach or violation of this provision, the COUNTY may, in its discretion, tenninate this Agreement without liability and may also, in its discretion, deduct from the Agreement or purdlllse price, or otherwise recover, the full amount of any fee, commission, percentage, gift or consideration paid to the fonner COUNTY officer or employee. 28. CONSTRUCTION (- This Agreement has been carefully reviewed by MCSO and the COUNTY. Therefore, this Agreement is not to be construed against any party on the basis of authorship. 29. NOTICES Notices in this Agreement, unless otherwise specified, must be sent by certified mail to the following: COUNTY: County Administrator [ 100 Simonton Street Key West, FL 33040 MCSO: Chief Bureau of Administration Monroe County Sheriff Office 5525 College Road Key West, FL 33040 And And County Attorney P.O. 1026 Key West, FL 33041-1026 911 Coordinator Monroe County SheritTOftice 5525 College Road Key West. FL 33040 ~ REMAINDER OF THIS PAGE LEFT INTENTIONALLY BLANK ~ c 10 ( 30. FULL VNDERST ANDING This Agreement is the parties' final mutual understanding, It replaces any earlier agreements or understandings, whether written or oral. This Agreement cannot be modified or replaced except in a written amendment duly executed by both parties, 3J. EFFECTIVE DATE This Agreement will take effect upon passage by the Monroe County Board of Commissioners and execution by both parties, (SEAL) Attest: DANNY L. KOLHAGE, Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Deputy Clerk By; Mayor Mario DiGennaro Date: Date: ( Witness: MO~RO COUNTY SHE~RFFl OFFIC : By: ~ aJw.L p Monroe County Sheriff. Richard Roth Date: I-J-I'I/o lJ, r , Witness to Sheriff: Print Name Date: p l SHEAIFf'S OFFICE MONROE COUN'J'Y?:L0A1OA APPROVED as TO FOAM: ....-<---f / ~ "'--------- NMK L WllUS ~l~L DATE . t 2..(!!J e.:J ~ 11 " SUllS1'AT10NS Preem?n Sl!bSl;!noro 20950 Overseas Hwy, Clldjoe Key. FL 33042 OOS) 745-3184 FAX (305) 745-376 L Murnthon Sub;l~liQn 3103 Ove~ Hwy. Marathon, A.. 330S0 005) 289-2430 FAX (305) 289-2497 lslam=cla Sub$lalion 37000 Overse.as Hwy. fslamornoa, FL 33036 (305) 853.7021 FAX (30~) 853-9J7l Roth Bllildin~ 50 High Point Rood Tavernier. Fl. 33070 (305) 853-3211 fAX (3{)S) 853-3205 !l\tfonroe County Slie:riffJ s OfjUe !J?jdiara rJJ. !!(ptft, Sfierif[ 5525 CoU'ege 9?,9aa 'X!g West, :.rforUfa 33040 (305)292-7000 !mX: (305)292-7070 1-800-273-CCl.PS www./(eysso.net Tropical Tower 12185 SW 132m! CT Nfianti,F133186-6469 October 1, 2007 Greetings. Monroe County Sheriffs Office~Emergency Communications Department is requesting that your company, Tropical Tower, submit a quote for the removal of a Rohn Model "C" 200' tower, that is located at the Monroe County Courthouse, Library and MeSO Substation property in l\1arathon, Florida. Upon the approval oftne Board of County Commissioners or County Administrator, we are prepared to expeditiously remove this tower to protect our citizens and employees from any impending hazards due to its deteriorated state. DETENTiON CENTERS Please provide us with a quotation/proposal that includes the following: Key WeSI De!. Cenler 5501 Co l1egi: RQad Key West, FL 33040 (305) 293-7300 PAX (05) 293.7353 Marathon Del. F~ciHty 3981 Ocean Terlllce Marathon, F1,.. 33050 (305) 289-2420 FAX (305) 289-2424 Plantaclon Del. Facility 53 High Poin. Road Plantation Key. FL 33010 (305) 853-3264 FAX (305) 853.3270 1. The complete tower structure, as well as attached antennas, mounts, wires, lines, lights, etc. ..are to be included in tbe demolition. 2. How and what equipment will be used to "un stack" the tower. 3. After demolitioD, tbe above structure and its associated trash are to be hauled away as part of tbe job. 4. Proof of liability insurance at the terms and conditions specified by Monroe County are to be provided by the contractor. Furthermore, the next BOCC meeting is October 17, 2007, It would be helpful if you could SPECIAl. OPERATIONS provide some dates that your crew might be available during the month of October and ~~~~:n~:;;050 early November. Obviously a weekend would be most helpful to our court system; (30S) 289-2410 however, we will present your available dates to the County Administrator or BOCC, FAX (305) 289-2498 d d h -II ak th 1 . d .. I th gh hat epen ant on w 0 WI m e e u ornate etermmation. want to note, au t we are aware that you have to continue to conduct your business and that these dates are in no way "concrete". They are just a possibility until such a time that we obtain approval of both the removal of the tower, and a contractor has been awarded the job and an agreement has been completed and signed. (Note: Fantasy Fest kicks off October 19th with the Parade being on October 27th) AVIATION DIVISION 10100 Overseas Hwy. M,rathon,.FL 33050 (305) 289.2777 FAX (305) 289-2776 COMMUNICATIONS 27% Ovi:n;eas Hwy, MWllhon. FL 33050 (305) 289-2351 FAX (305) 289-2493 , ~,\ ._~ !- Thank you for your time in this matter and we look forward to receiving your information, as always you may call to discuss this and any other communications issues with us. Regards, C7l?~CLLuh7te Laura White Momoe County Sheriffs Office Emergency Communications Breit's Tower Service, Inc (Quote Request) Charles W. Breit President 4720 SW 75th Ave, Miami, FL. 33155 Established 1952 Telephone 305-26].1272 Fax 305-261-6775 September 29, 2007 Attn: Ms. Laura White , \ /' Breit's Tower Service, Inc. will furnish labor to complete the following scope of work: Remove all antennas, brackets and lines from the 200' Rohn tower at the courthouse location. We will dismantle the tower using a gin pole to 100' level then use a crane to lower the rest. The tower will be cut into 10' pieces and removed from the premises and discarded to the county waste station on Long Key. All guy wires will be removed also. The anchor rods will be cut below ground level. Attached is a copy of our liability insurance. The total job should take three day. We can remove the antennas and lines on a Friday and dismantle the tower on the weekend. The total price: 512,000.00 Prices valid for 60 days. Sincerely, Charles W. Breit ------.-..-... ....;..;...-i.... ..............-..'.. _ ~....... ~.,...-''IIi_.. ....._______... ........._ lItal20QCl -.,~ (811) G55-5500 THB ceJn1F1C4TEl8lUlED,u AMATTI!ROF INFORIU.TJON w.ns F..,.a .n.....nce.StrvJcn S!;luthe..t, Inc. ONI.. VAMP CON'FERaNO RlGlffTl,UPON'ttCCI!!R11F1CATE 51)1~0UCh..~rDJlYe,Sul1B6O(J ~. "'~:~~~~aTENO~. We.tPillm~.PL3U01.14 .1BIRSl Bnift".T~ .. 4720ew 7IthA_'" "1ami,FLD1H 1N8lRER8. AFFORIJlN13.COVERAGE IN~,,;""'I'IM. .~Il; ~.:.. ~g:o R' JWC .. cO\4i! as llIE POtIllIQSOF IIoISURANcI! LISTED BILOw HAvellV. 18SL.Bl TO TJoIE rNSLi~ NAMIiPAIO\I'E FOR TfiEF>QJcYPIlIUOO INDiCATED,fotiOl'WI'tHSTANDlNG AIiIV REcLJlflElilleNT. TMII DI'l cONcmDN OF "PlY CQJmW;.T Oft. O1't1ER coeUt.ENT\M'r." Ratfll;C1" TO W~i'ti8 CERl1F1CA1l' MAY BE I98LED OR . MAY PE;RTAlH,J'HE rNStJRot,"CEAFi=tlRDlOBYTIiiPOLlCle8DE9CRI8EDHERElHIStUSJICTTDAu.'THE: lERUS,liXClll8lON5 "r<<l COI\IllTJONS OF StlCH POLiCIE.S" AQGRlGA1'tlJMlTS.SHCNJN PMY HA'VEBEalItI!CUCED 11'( PAlD.l:LANS. 1f11_7 1f1112OG1 . ... . A .eIIl PER5DIMia AtN 1M.Il.ft't. GEiIlRAIi ~Gl\" . PAOw:ni.(lOlolYCllIllilG . '''.' '.' CllMhiI!D Sitlii.i LlIIlrr tI!*.--. 1ODk....IN.lI)1lY ~....... . .. .1. 8oua.V IIIJ~ fI"i'~ ~~1lNMG1 . Iii .!G~uMILrrY OCCUR . D~~ ,. .wr~ EACH 0CClIIIlir1lel! MCIM01O'a 8A~UMlIurr IIHYMO. IlIlICIUP1TaW DFCIII'Il/U.-'~ 'VIfIl\lL"'IIICUJIlOMlIGaJ.., I!IIIIOIUIIMZi'''U ~~ ~ el1ifialll II"""" ......... ..~..tiI...........Tlllbflly ;ER't)FJcArt.HCIUJ flON .~!lNTOI'n."'DDaIImIim..... -CWII:lIl.I.-llIlrl:IIE n-_~_ ::l~~.:::~~~-::'-~=~~IO::~ ~ IICIClIIUMnC1lif OR l.MaU1"r GII_lIllIlllllOW J-.......... fI'U8liIfl1lOll _ 1I!l1'M1JI'IIli. ItUIMtRI& ....1Ur'I.o\1M /} .l..€th.;.J:t,.. .~~ l~"'\!4IL' T '. liCORD21S (::It101mt OI\COIIDCOR~ 1.. _ www.sunbiz.org - Department of State Page 1 of2 Home Contact Us E-Filing Services Document Searches Forms Help Previous 9" List No Events Next on List No Name History Return 1.9 List Entity Name Search ....'~I.............-.,......--"'-"........,........"'.P'....~...-._-.,."~_,,...,.......'~.......,...-.-,...,.""""~'_~~_,w__ Detail by Entity Name Florida Profit Corporation BREITS TOWER SERVICE, INC. Filing Information Document Number 617631 FEI Number 591936824 Date Flied 04/17/1979 State FL Status ACTIVE Principal Address 4720 SW 75 AVE MIAMI FL 33155 Changed 01114/2000 Mailing Address 4720 SW75 AVE MIAMI FL 33155 Changed 01114/2000 Registered Agent Name & Address BREIT, CHARLES W 4720 SW75 AVE MIAMI FL 33155 US Name Changed: 01114/2000 Address Changed: 01114/2000 Officer/Director Detail Name & Address Title STM BREIT, AERIS DEE 34 GARDEN MALL CT. INGLIS FL 34449 Title VP BREIT, CHARLES E. 34 GARDEN MALL CT. INGLIS FL 34449 Title PD BREIT, CHARLES W. 4720 SW75TH AVENUE http://www. sunbiz.org/scripts/cordet.exe?action=DETFIL&in'L doc _ number=61 7631 &inq... 10/5/2007 . '_ www.sWlbiz.org - Department of State " Page 2 of2 MIAMI FL Title D MAGRAM,GARY 9700 S DIXIE HWY MIAMI FL Annual Reports Report Year Flied Date 2005 01119/2005 2006 03/17/2006 2007 03/05/2007 Document Images Q3lO5/2007 - ANNUAL REPORT Q3/17/2006 - ANNUAL REPORT 01/19/2Q05 - ANNUAL REPORT 01/23/2005 -~ANNUAL REF'o0RT 01/27/2003 -:-_ANNUAL RE,=-ORT Q1/31/2002 - ANNI"JAL REPORT Q1a;3/2001 - ANNLJAL REPORT QJ/14/2000 -- ANNUAL REPORT 02a3/1999 - ANNU81" REPORT 01/30/199JI - ANNUAL REPORT 02/21/1997-:::ANNUAL REPQRT QZ/OQL111f;1Ei - ANNUAL RE~ORT 04/9J;11995 - ANNUA.1. REPORT r Note: This is not official record, See documents if question or conflictl ....'... ~,~...., '-' .,.............,.,.,.-...... ........ ...'rV~~~..........._L~---.......-~............ Home Contact us Document Searches E-Filing Services Forms Help Copyright and Privacy Policies Copyright @ 2007 State of Florida, Oepartment of State. http://www .sWlbiz.org/scripts/cordet.exe?action=DETFIL&in~ doc _ number=61 7631 &inq... 10/5/2007